HomeMy WebLinkAboutTC Min 1986 (April thru June)
MINUTES
TOWN COUNCIL
CALL TO ORDER
Mayor Duke called the adjourned meeting of the Town Council of
the Town of Tiburon to order at 7:30 P.M., Tuesday, June 24,
1986, in the Hilarita Community Room, Tiburon, California.
A. BOLL CALL
PRESENT:
CO UNCILlVlEI.vlBERS :
Mayberry, Wilson, Shaw, Duke
ABSENT:
COUNCILMEMBERS:
Coxhead
EX-OFFICIO:
Town Manager Kleinert, Town
Engineer Bala, Supt. of Public
Works Brunini, Chief of Police
Bailey, Finance Director
Nadritch
B. APPOINTMENTS TO OOMMISSIONS, BOARDS, COMMITTEES
The Council appointed Counci1member Mayberry as the alternate to
the Point Tiburon Commercial Use Committee.
c. COMMISSION AND COMMITTEE ORAL REPORTS
There were none.
D. PUBLIC QUESTIONS AND OOMMENTS
There were none.
E. PUBLIC HEARINGS' BUSINESS ITEMS
1986-87 MUNICIPAL BUDGET (CAPITAL IMPROVEIviliNT PROGRAM)
Town Manager Kleinert briefly reviewed the Town's cyclical street
maintenance program; noting the project priority process prepared
by Engineer Bala and Supt. of Public Works Brunini. Town
Engineer Bala addressed the Reed Ranch Road overlay project,
noting that the job had been postponed two years. Councilman
Shaw questioned the specifics of contract letting, inquiring as
to penalties for failure to complete a job on time. Engineer
Bala responded that penalties are applied, but no bonus is
awarded for finishing earlier.
Manager Kleinert briefly addressed the Belveron Street repair
program and the significant repair costs. Engineer Bala
mentioned the April 1985 Belveron Street Repair Study.
Discussion ensued regarding the Belveron Street Program. Manager
TOWN COUNCIL MINUTES i737
JUNE 24, 1986
PAGE 1
Kleinert indicated the Street Maintenance projects in the
proposed budget would be revised so as. to include part I (1-19
Mercury) of the Belveron Street Repair.
Manager Kleinert then reviewed the proposed Community Development
Improvement projects. Councilman Shaw inquired of the Richardson
Bay Special Area Plan. Manager Kleinert responded that it's
Tiburon's pro-rata share, along with Sausalito, Mill Valley and
Belvedere, of the cost to implement the plan for 1986-87. The
Plan addresses houseboats anchoring in Richardson Bay.
In reference to the County Mediation services, Mayor Duke noted
that the Design Review Board indicated a desire to continue to
keep hearing tree ordinance issues.
Manager Kleinert discussed the request by the EAH for Tiburon's
share of the "Rebate for Marin Renters" of $2,600.
Manager Kleinert then mentioned that the street lights on Tiburon
Blvd. from Beach Road to Main Street need new photo cells at a
cost of $4,000.
Supt. of Public Works Brunini suggested that item 8 (page 47),
Blackie's Pasture pedestrian path connection be postponed until
Trestle Glen pedestrian path and Blackie's Pasture master plan is
studied and installed. Council concurred.
Mayor Duke inquired of the feasibility of a path between Reed
School and Mar West for children. Manager Kleinert indicated
that staff would research the possibility of installing such a
path.
B. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Duke adjourned the meeting at 9:25 PM to closed
session for discussion of current litigation matters.
The closed session was adjourned
sine die.'.
-'..- )< """""-c"--
LAWRENCE- .-
Town qf
MANAGER CLERK
TOWN COUNCIL MINUTES i737
~JUNE 24, 1986
PAGE 2
MINUTES
TOWN OOUNCIL
CALL TO ORDER
Mayor Duke called the regular meeting of the Town Council of the
Town of Tiburon to order at 7:35 P.M., Wednesday, June 18, 1986,
in the Hilarita Community Room, Tiburon, California.
A. ROLL CALL
PRESENT:
COUNCILMEMBERS:
Mayberry, Wilson, Coxhead, Shaw
Duke
ABSENT:
COUNCILMEMBERS:
None
EX-OFI!'ICIO:
Town Manager Kleinert, Acting
Town Attorney Goldfein,
Planning Director Hanna, Town
Engineer Bala, Supt. of Public
Works Brunini, Chief of Police
Bailey, Finance Director
Nadritch, Assistant Town Clerk
Hennessy
B. APPOINTMENTS TO roMMISSIONS, BOARDS, COMMITTEES
'rhere were none.
c. COMMISSION AND COMMITTEE ORAL REPORTS
There were none.
D. PUBLIC QUESTIONS AND COMMENTS
POINT TIBUBON STATUS REPORT - John Knorpp
Mr. Knorpp reported that the Lagoon should be filled by mid-July;
the Bayside apartments finished by mid-July; commercial buildings
should be completed by September; parking lot to be opened in
September and the Marsh apartments completed in November. Mr.
Knorpp stated the establishment of the Below Market Rate
requirements was crucial to finalize the filing of the public
real estate report; Beach Road could not be opened until
construction was finished due to their liability exposure.
.ANGEL ISLAND OOWNTOWN IMPBOVEMENTS - Ke i th Mor r i son
Mr. Morrison stated Main Street Properties' efforts are to
provide water access for the Town and sanitary facilities to
relieve the burden placed on the restaurants by the sanitary
district's water usage fees; they requested assistance from
TOWN COUNCIL MINUTES #736
June 18, 1986
Page 1
Senator Marks and Assemblyman Filante in order. to get some of the
$500,000 earmarked for state Park improvements. Bathroom
facilities would be provided under the Dock Restaurant and
maintained by the State Park service. A landing for the park
service boat, which would provide handicapped access, would also
be located under the Dock Restaurant. Main Street Properties is
guaranteeing 200 parking spaces at their Mar West parking lot to
be available for the use of Angel Island visitors. Mr. Morrison
stated it was extremely important that the Town look to the water
for expansion and get the State people involved; Main Street
Propeties needed the Town's help and moral support.
In response to the Town Manager, Mr. Kreines stated it was
possible to have a Waterfront Element in the General Plan.
Discussion ensued regarding the feasibility of a waterfront
walkway and the necessity of getting the cooperation of Mr.
McDonough.
The Mayor requested that Councilmembers Shaw and Coxhead work
with representatives of Main Street Properties and the State of
California Parks & Recreation Department on this waterfront
project.
Nat Marans, Spanish Trail, asked the Council and Mr. Kreines to
look at the downtown parking situation, especially on weekends.
P.G.&E.
Becky McClelland, 1685 Mar West, noted that P.G.&E. was
installing new power lines along Mar West which required higher
poles and these poles were obstructing views; these new lines
would be an alternate power source for the downtown area and a
benefit to the entire community. Mrs. McClelland requested
Council to consider the use of future Rule 20 allocations to
underground utilities in the Mar West area. Discussion ensured
regarding the possible formation of an underground assessment
district in this area.
Tiburon Crest
Mr. Nana requested a written response from the Council to his
letter requesting an exemption under Section 3C of the
moratorium. The Mayor stated the Council determined that there
would be no exemption as he requested and he would receive a
letter in writing to that effect.
F. GENERAL PLAN UP-DATE
5. GENERAL PLAN WORK PROGRAM (Final Discussion of Report No. 1
and Presentation of Report No.2)
Mr. Kreines recommended the final General Plan be completed by
December 1987; he explained his neighborhood participatory
planning workshops which would forIn the outer, inner and middle
TOWN COUNCIL MINUTES i736
June 18, 1986
Page 2
limits of alternatives for the General Plan; he recommended the
use of neighb9rhood "A" as outlined on his map which included the
Tiburon Hills, Bel Aire and Reedland Woods area as a. test
neighborhood. In response to Vice-Mayor Coxhead, Mr. Kreines
stated he had been involved in two participatory planning
processes but they were different in scope than his proposal;
this process has never been used in the Bay Area on a General
Plan level. Discussion ensued regarding the cost of a test
program for a prototype neighborhood, which if successful would
then be repeated eight times for the entire peninsula. Some
concern was expressed that the process would take too long and be
too expensive. Discussion continued regarding use of
facilitators; need for a Staff person to be hired to work under
Mr. Kreines' direction; need for a Subcommittee of the Council to
work with Mr. Kreines to select consultants.
The Mayor stated the Subcommittee would make day to day decisions
regarding Mr. Kreines work program. The Mayor proposed that Mr.
Kreines be hired to be responsible for the coordination of the
General Plan; that Mr. Kreines return to the Council with a
proposal outlining costs.
The Town Manager stated Staff can playa supporting role; didn't
think Staff should take a leadership role in evaluating the
material or drafting the General Plan; a Project Manager was
needed; asked Council to get an estimated cost before committing
to a proposal; suggested getting a cost estimate assuming the
test neighborhood procedure will work.
Mr. Kreines stated he would be prepared to give a proposal along
with Task IV; he stated his role would be a coordinator; there
would be five to twelve consultants along the way.
The Mayor noted the cost of other General Plans, i.e., Scotts
Valley spent $180,000 and Mill Valley has budgeted $132,000; it
was his hope not to spend over $180,000, but it was realistic to
understand the Town might have to do that.
MOTION: To accept the concept outlined by Mr. Kreines as the
way to proceed with the review of the General Plan and
authorize expenditure of not more than $5,000 to
undertake a test neighborhood
Moved: Shaw, Seconded by Mayberry
Vice-Mayor Coxhead expressed concern regarding the $5,000 cost;
felt Council should wait until the Work Program was completed.
Vote: AYES:
NOES:
Mayberry, Wilson, Shaw, Duke
Coxhead
Discussion ensured regarding the choice of a test neighborhood.
Mr. Kreines explained why he chose "A"; Councilman Wilson
suggested "A" and "e" be combined.
TOWN COUNCIL MINUTES i736
June 18, 1986
Page 3
MOTION:
Moved:
Vote:
To a~cept "A" and "Cd as a combined neighborhood
Duke, Seconded by Wilson
AYES: Unanimous
MOTION: To allocate a maximum of $5,000 to undertake this
prototype participatory neighborhood project with the
Council's Subcommittee to oversee this allocation
Moved: Shaw, Seconded by Mayberry
Vote: AYES: Unanimous
The Mayor stated there had been discussion of himself and
Councilmember Mayberry being a subcommittee to oversee every day
decisions; suggested Mr. Kreines be hired on an hourly basis to
perform additional tasks and these tasks would be approved by the
Council's Subcommittee. He stated Mr. Kreines had already been
authorized five hours of additional work.
Councilmember Wilson disagreed and thought there was a conflict
of interest. The Acting Town Attorney stated conflict of
interest laws prohibit a member of a legislative body from making
a decision which will financially benefit that member.
MOTION: A Council Subcommittee comprised of Mayor Duke and
Councilmember Mayberry be formed to oversee day to day
decisions regarding the consultant
Moved: Duke, Seconded by Shaw
Vote: AYES: Mayberry, Coxhead, Shaw, Duke
NOES: Wilson
MOTION: To retain Ted Kreines in concept as the overaLL
coordinator for review of the General Plan. Mr. Kreines
to return to the Council with a more definitive contract
which will specify a not to exceed amount.
Moved: Duke, Seconded by Mayberry
The Mayor stated this was a conceptual decision and the Council
could still change their minds.
Vice-Mayor Coxhead stated he thought the decision was premature
and he would like to see the completed Work Program.
Vote: AYES:
NOES:
ABSTAIN:
Mayberry, Shaw and Duke
Wilson
Coxhead
The Mayor stated Mr. Hanna, Planning Director, had resigned, and
the Town hoped to hire someone by September or October.
TOWN COUNCIL MINUTES i736
June 18, 1986
Page 4
G. PUBLIC HEARINGS & BUSINESS ITEMS
6. TIBURON BOULEVARD IMPROVEMENTS PRIORITY LIST (Consider
Priority Improvements List for Tiburon Boulevard Adopted in
September 1980)
The Town Manager reviewed the Staff report, and suggested a
Subcommittee of the Council work with the Town Engineer and make
recomendations to the Council.
The Town Engineer stated most of the projects were started or
completed; the remainder, i.e., Stewart Drive and Rock Hill
Avenue signalization projects were to be studied after the
installation of signals at Trestle Glen and San Rafael Avenue.
David Gross, President of the Reed Heights/Tiburon Knolls
Homeonwers' Association, urged Council to install traffic signals
at Stewart Drive. The Town Engineer stated this intersection
does meet CAL/TRANS' warrants and there is money available.
Vice-Mayor Coxhead suggested this item be returned to the Council
for a noticed public hearing for traffic signalization of Stewart
Drive and Rock Hill Avenue. Discussion ensued regarding the
amount of money in the Tiburon Boulevard Improvement Fund.
Staff was directed to evaluate funds available in the Tiburon
Boulevard Improvement Fund for additional signalization projects
and return this item to the next Council meeting for discussion.
7 . REED RANCH BOAD/TIBURON BOULEVARD INTERSECTION IMPROVEMENTS
(Conceptual Consideration of Extending Reed Ranch Road to
Blackie's Pasture)
The Town Manager reviewed the Staff report. The Town Engineer
presented rough sketches of two proposals to extend Reed Ranch
Road across Tiburon Bouievard and into the Blackie's Pasture
area.
Discussion ensued regarding a traffic signal with pedestrian and
bicycle crossing at Reed Ranch Road and leaving the car entrance
to Blackie's Pasture at Greenwood Beach Road.
Vice-Mayor Coxhead stated he had received a phone call from
former Mayor Bergsund who was concerned that there will be too
many traffic signals along Tiburon Boulevard.
The Mayor stated all consideration of traffic signals should be
subject to traffic studies being performed as part of the
Circulation Element.
Staff was directed to ask CAi./TRANS for their op~n~on on the two
proposals and to ask them to see if Reed Ranch Road would qualify
for a traffic signal.
TOWN COUNCIL MINUTES i736
June 18, 1986
Page 5
8. MINOR SUBDIVISION H~ Sommer~ Hillcrest Road & Paradise Drive
- Determine Whether to Process 2 or 3 Lot Subdivision)
This item was continued because the applicant was not present.
9. BUSINESS LICENSE REVISIONS (Ordinance, 2nd Reading)
The Finance Director reviewed the Staff report.
The Mayor opened the public hearing.
Chris Morrison thanked Staff for working out a solution to a
difficult problem; stated he still had an issue regarding fees
already paid in protest.
The Mayor closed the public hearing.
The Mayor asked Staff if businesses were taxed on their total
gross receipts.or only the portion of business that was conducted
in Tiburon. The Finance Director stated the businesses were
taxed on the gross receipts generated in Town.
MOTION:
Moved:
Vote:
To read by title only.
Wilson, Seconded by Coxhead
AYES: Unanimous
The Mayor read, ORDINANCE NO. 318 N.S., AN ORDINANCE OF THE TOWN
COUNCIL OF THE TOWN OF TIBURON AMENDING TITLE II, CHAPTER 4, OF
THE TIBURON MUNICIPAL CODE RELATING TO BUSINESS LICENSE TAXES.
MOTION:
Moved:
Vote:
To adopt the aforementioned ordinance.
Wilson, Seconded by Coxhead
AYES: Mayberry, Wilson, Coxhead, Shaw, Duke
NOES: None
10. DEL MADERA ASSESSMENT DISTRICT (Call Letter of Credit for
Slide Repairs)
The Finance Director reviewed the Staff report.
The Town Engineer stated that during the Tentative Map
proceedings the Town placed a condition that two additional
slides be repaired which were located outside the assessment
district; the improvements to the assessment district were almost
completed but these two slide areas had not been repaired.
The Finance Director stated the developer has asked that the
deadline for repair be extended for two years to coincide with
the moratorium and the letter of credit will be extended
accordingly.
The Town Engineer stated if the Bank of the Orient holds the Town
harmless for any slides which might occur, then the Town could
extend the letter of credit; suggested the developer obtain a
TOWN COUNCIL MINUTES #736
June 18, 1986
Page 6
soils engineer's report~
The Acting Town Attorney stated she had concerns regarding
potential liability due to a paragraph contained in the
Subdivision Improvement Agreement which did not allow for
extension of the letter of credit unless slide repair work has
been commenced.
Martha McCart, representing Bank of the Orient, stated Lots 18
through 22 were not a part of the assessment district because
cost of subdivision improvements was in excess of the value of
the lots. The Bank has not commenced repair because the
financial situation does exist that there's no reason to proceed
with construction of those lots and also due to the moratorium
they cannot build on the lots; they are asking for an extension
of the time limit under the Subdivision Improvement Agreement and
Letter of Credit be tolled for two years. Ms. McCart requested
the item be continued to the next Council meeting so that the
Town Attorney can review the letter submitted by the Bank of the
Orient and her client be given the opportunity to discuss the
matter with the Town Attorney and Town Engineer. Ms. McCart
noted that if the lots are not developed, the level of repair
required to protect the houses below is much different than what
is necessary to develop the lots.
The Town Manager noted the Town is obligated to address potential
slides, and asked if the Bank of the Orient would indemnify the
Town. Ms. McCart asked for the extension to get an answer.
Item continued to next meeting.
11. TOWN HALL CLOSURE AT NOON TINE (Consider Staff Recommendation
to Close Town Hall From 12 Noon to 1:00 P.M., Monday through
~'r iday)
This item was continued to the next meeting.
12. PROPERTY OWNER ASSOCIATIONS (Consider Notification
Procedures)
This item was continued to the next meeting.
13. TIBURON'S LIABILITY INSURANCE PROGRAM (Consider the Town's
Liability Insurance Options)
This item was continued to the next meeting.
E. CONSENT CALENDAR
Item 4 was removed from the Consent Calendar for discussion.
MOTION: To approve the Consent Calendar consisting of the
following items
TOWN COUNCIL MINUTES i736
June 18, 1986
Page 7
1. APPROVAL OF MINUTES - i731~ 1.vla y 21, 1986
#732, May 29, 1986
#733, May 31, 1986
2. TRAFFIC SAFETY REPORT (June 1986)
3. CLAIM AGAINST THE TOWN (Recommend Denial - Sohn)
Moved: Wilson, Seconded by Coxhead
Vote: AYES: Unanimous
4. NEW RESIDENCE WHICH EXCEEDS 5,000 SQ.FT. (11 Place Moulin)
Councilmember Mayberry questioned why this item was placed on the
Consent Calendar. The Town Manager stated it was an
informational item only; previous Council policy was to keep the
Council informed of large houses; there was no action to be taken
by the Council.
The Mayor noted this house represented the need for a floor area
ratio plan.
B. COMMUNICATIONS, STM~F AND TOWN MANAGER ITEMS
The Mayor suggested Council appoint a special Ad Hoc Committee
for the Town's financial/liability insurance situation; suggested
John Harrington and Doug O'Connor as possible members; asked for
suggestions. Council agreed to formulate this committee.
I. ADJOURNMENT
Being no
Tiburon,
Tuesday,
further business of the Town Council of the Town of
Mayor Duke adjourned the meeting at 11:50 P.M., to
June 24, 1986 at 7:30 P.M. f~r budget heari gs/
~~ "
- - ----- ~ ~ ~.-,_~ ',". .....L...
L.-...-*'
LAWRENC~ MAYOR
Town of
ATTES'l' :
TOWN COUNCIL MINUTES #736
June 18, 1986
Page 8
MINUTES
TOWN COUNCIL
A. EXECUTIVE. SESSION
Mayor Duke called the Executive
the Town of Tiburon to order at
to discuss pending litigation.
the Town Manager were present.
at 7:30 P.M.
Session of the Town Council of
6:30 P.M., TueSday, June 10, 1986
All members of the Council and
Executive Session was adjourned
B. CALL TO ORDER
Mayor Duke called the regular meeting of the Town Council of the
Town of Tiburon to order at 7:35 P.M., TueSday, June 10, 1986, in
the Hilarity Community Room, Tiburon, California.
c. ROLL CALL
PRESENrr:
COUNCILMEIvlBERS:
Mayberry, Wilson, Coxhead, Shaw
Duke
ABSENT:
COUNCILMEMBERS:
None
EX-OFFICIO:
Town Manager Kleinert, Planning
Director Hanna, Supt. of Public
Works Brunini, Chief of Police
Bailey, Finance Director
Nadritch
D. APPOINTMENTS TO OOMMISSIONS, BOARDS, COMMITTEES
There were none.
E. PUBLIC HEARINGS & BUSINESS ITEMS
1. 1986-87 TOWN BUDGET (Continued Public Hearing Focusing on
Revenue and Expenditure Summaries and Individual Department
Budgetsj
The Town Manager summarized the budget hearing process and stated
this continued public hearing would focus on a review of both the
budget summary section and the individual departmental budgets.
He advised the Town Council that additions, deletions or
revisions can be made to the budget at any time, even after
formal adoption which is scheduled for the Town Council's July 2
regular meeting.
The Finance Director reviewed the Town's projected revenues,
expenditures, restricted fund balances, equipment depreciation
and proposed revenue sharing expenditures.
TOWN COUNCIL MINUTES i735
June 10, 1986
Page 1
Vice-Mayor Coxhead noted that the description in the proposed
Revenue Sharing projects for the Richardson Bay Special Area Plan
was incorrect and should be similar to the description as
outlined in the Capital Improvement Program.
Mayor Duke questioned the actual expenditures reflected in the La
Cresta Assessment District.
The individual department budgets were then reviewed by the
Finance Director and respective department heads. The primary
questions and concerns experessed by the Town Council focused
upon the health benefit costs for the Deputy Town Attorney, the
projected litigation costs for 1986-87, the Town's self-insurance
program status, the projected liability insurance costs for next
fiscal year, the Associate Planner's position, the part-time Code
Enforcement Officer position in the Planning/Building Department,
the addition of two sworn Police Officers and one
Clerk/Dispatcher's position, as well as the Cadet Program in the
Police Department, an increase in the annual crossing guard
subsidy to the RUSD, and utilization of reclaimed waste water for
Richardson Bay Shoreline Park from the Richardson Bay Sanitary
District.
There was preliminary concensus from the Council to increase the
Crossing Guard Line Item by $1,200 and the Training and Supplies
Line Item by $2,400 and Communications Equipment Line Item by
$1,000.
F. EXECUTIVE SESSION
The Town Council of the Town of Tiburon adjourned at 9:45 P.M.,
to Executive Session.
G. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Duke adjourned the meeting at 11:20 P.M., sine
die.
~.
?--
/ o~=-__
/^
ATTEST:
CLERK
TOWN COUNCIL MINUTES i735
J"une 10, 1986
Page 2
MINUTES
TOWN COUNCIL
CALL TO ORDER
Mayor Duke called the regular meeting of the Town Council of the
Town of Tiburon to order at 7:45 P.M., Wednesday, June 4, 1986,
in the Hilarita Community Room, Tiburon, California.
A. ROLL CALL
PRESENT:
COUNCILMEMBERS:
Mayberry, Wilson, Coxhead, Shaw
Duke
ABSENT:
COUNCILMEMBERS:
None
EX-OFFICIO:
Town Manager Kleinert, Town
Attorney Ragghianti, Planning
Director Hanna, Town Engineer
Bala, Supt. of Public Works
Brunini, Chief of Police
Bailey, Minute Clerk Stultz
B. APPROVAL OF MINUTES
#730, May 13, 1986
MOTION:
Moved:
Vote:
To approve Minutes #730 as submitted
Wilson, Seconded by Coxhead
Ayes: Unanimous
c.
APPOINTMENTS TO <DMMISSIONS, BOARDS, COMMITTEES
MOTION: To Appoint Jerry Thayer to the Planning Commission, and
Stewart Hopkins and Janice VonThaden to the Parks and
Open Space Commission
Moved: Duke, Seconded by Coxhead
Vote: Ayes: Unanimous
D. COMMISSION AND <DMMITTEE ORAL REPORTS
There were none.
E. PUBLIC QUESTIONS AND <DMMENTS
Mr. Helmut Sommer requested the Town to process his subdivision
which was halted due to the anticipation of the Moratorium. He
further requested that the lots created by the subdivision
process be subject to the moratorium.
TOWN COUNCIL MINUTES #734
JUNE 4, 1986
PAGE 1
F. CONSENT CALENDAR
MOTION: To approve the consent calendar consisting of the
following item:
1. CLAIM AGAINST THE TOWN (D. Fridley - Recommend
Denial)
Moved: Wilson, Seconded by Coxhead
Vote: Ayes: Unanimous
G. PUBLIC BEARINGS & BUSINESS ITEMS
2. APPEAL DESIGN REVIEW DECISION (Tree Complaint - 1970/1960
Straits View Drive)
Planning Director Hanna reviewed the action of the Design Review
Board in regard to 30 trees on the Koenig property at 1960
Straits View Drive and the Alikhani property at 1970 Straits View
Drive. Director Hanna noted the tree owners have initiated some
of the tree trimming and removal. The Board action was to have
many of the trees removed and trimmed. The tree owners are
concerned with soil stability if the trees are removed. He
stated that Staff recommends removal of the trees as approved by
the Board; or as an alternative a staged removal and replanting
program be approved. Director Hanna stated that if Council
prefers a staged program, that the matter be referred back to the
Board to determine the staging procedure and time frame. The
other actions Council could take is to uphold the appeal and
reverse the decision of the Board or deny the appeal and uphold
the action of the Board. Director Hanna then reviewed a map
indicating the action of the Board in regard to each tree.
Mayor Duke questioned the letter in the packet regarding soils
stability if the trees were removed. Town Engineer Bala stated
that trees normally do not prevent slides and in fact sometimes
cause slides.
Mayor Duke opened the public hearing.
Mr. Tom Koenig, tree owner, stated that he feels compromise is
important in tree disputes. He stated he and the Alikhani's have
done considerable tree trimming and removal and in his opinion
have restored the neighbors views. He then presented Council
with photos of the views from the complaintants' homes after the
tree trimming/removal. He stated he is willing to maintain the
trees at their present height and bear all costs of the
maintenance. Mr. Koenig recommended that Council acknowledge the
complaintants' views have been restored and direct the tree
owners to maintain the trees within limits. Mr. Koenig noted the
trees in question were already on the property when he built his
home.
Councilman Coxhead questioned Mr. Koenig if he would be willing
to put in writing that he would guarantee that the trees would
TOWN COUNCIL MINUTES #734
JUNE 4, 1986
PAGE 2
not grow above the red line imposed on the photos. Mr. Koenig
responded yes.
Councilmember Mayberry questioned Mr. Koenig if he has performed
any tree trimming since 1980 when there was a similar complaint
and if there was any agreement to maintain the trees. Mr. Koenig
responded no to both questions.
Ms. Alikhani stated there have been six (6) trees removed on her
property and she requests that no further trees be removed to
maintain privacy from the road. She stated she is willing to
open windows in her trees for views from the complaintants'
homes.
Mrs. Capos, 1945 Straits View Drive, stated she is not happy with
the tree work that has been done to date and that she wants the
Board's recommendation fulfilled. Mayor Duke questioned if the
trees were a problem before the Koenig's built their home. Mrs.
Capos stated the trees were a problem before the Koenigs built
their home, but the pine trees have grown considerably.
Mrs. Pruett, 1925 Straits View Drive, stated the Alikhani trees
are still blocking her view and that she feels that windowing the
trees would not help her view. Mayor Duke referred to the
pictures submitted by Mr. Koenig and questioned Mrs. Pruett if
she felt they were a fair representation of her view from her
home. Mrs. Pruett responded yes.
Mayor Duke closed the public hearing.
Councilman Coxhead stated he generally supports the
recommendation of the BAR but with the new information he feels
the matter sould be remanded back to the Board for their further
review of the new information.
Councilman Wilson recommended the matter be remanded back to the
Hill Haven tree committee or the Board. He also noted the Hill
Haven report states there are small monterey pines growing on the
Koenig property that should be reviewed.
Councilmember Mayberry stated the matter should be referred back
to the Design Review Board to review the trimming and removal
that has been done.
Town Attorney Ragghianti advised Council that they could take no
action on the appeal and remand the matter back to the Board and
continue this public hearing to a future date.
MOTION:
continue this matter and remand the item back to
the Design Review Board to consider the new
evidence, tree trimming, soils stability and if a
compromise cannot be worked out then the matter
will come back to the Council in one month for the
Council to make a formal decision
TOWN COUNCIL MINUTES #734
JUNE 4, 1986
PAGE 3
Moved:
Vote:
Duke, seconded by Wilson
AYES: Unanimous
Staff noted the matter will go before the Board on July 3 and
back to the Council on July 16th if there is no resolution by the
Board.
Council noted that no further tree trimming or removal can take
place for one month. They also recommended the matter be
discussed further with the Hill Haven property owners association
before going back to the board.
3. APPEAL OF B.A.R. DENIAL - 2050 CENTRO EAST
Councilman Wilson stated he will abstain from consideration of
this matter due to a possible conflict of interest.
Planning Director Hanna noted this matter is an appeal of a Board
of Adjustments decision, in which steps from Centro East to the
main building between the car decks were denied. During
construction of the car deck it came to staff's attention that
the applicants were in the process of constructing the steps
contrary to the approval by the Board. Director Hanna noted that
the construction of the second unit on this property was
commenced without proper approvals and permits.
Mrs. Hansen, 2050 Centro East, stated she completely agrees with
the Board that the parking deck must be softened. She noted no
neighbors object to the steps with the landscaping that has been
installed. She stated the reason the Board denied the steps is
because they did not feel there could be steps and landscaping.
Mrs. Diana Bennett, 2077 Centro East, stated her only concern
with the proposed steps was from an esthetical point of view.
She stated the planting that has been done seems to be
acceptable. She requested that if Council upholds the appeal of
the Hansens that she be assured that the planting would be
maintained. She also requested that any landscaping be
maintained to insure her view.
Mayor Duke closed the public hearing.
Mayor Duke questioned what was under the parking structure.
Staff responded there is a storage area.
Councilmember Mayberry questioned what steps the Town could take
to make sure construction is started in compliance with Town
regulations. Director Hanna stated that if construction is
started without a building permit the Town has the right to
double the required fees. With other illegal construction
activities the Town can place a stop work order on the project
until compliance has been obtained.
TOWN COUNCIL MINUTES #734
JUNE 4, 1986
PAGE 4
Mayor Duke stated his opinion that the appeal should be denied,
the steps removed and the landscaping planted.
Councilman Coxhead agreed with the Mayor, noting the Town will
not tolerate willful violation of the Town's ordinances. He
noted the Hansens could make another application in one year for
the steps.
MOTION:
Moved:
Vote:
to deny the appeal
Duke, seconded by Coxhead
AYES: Mayberry, Coxhead, Shaw, Duke
ABSTAIN: Wilson
4. LOCAL AGENCY FORMATION COMMISSION (Consider Evaluation and
Reorganization Report and Recommendation)
Town Manager Kleinert reported that last March LAFCO requested an
evaluation of its organization, management and operations. A
volunteer committee consisting of two City Managers and the
County Administrator prepared the evaluation. LAFCO is now
forwarding the report to the various jurisdictions for their
comments.
Mayor Duke stated he feels LAFCO should remain independent from
the County and that the current structure is proper.
Councilmember Mayberry stated one reason it was recommended that
the LAFCO staff be placed under the County Administrator's office
was due to their budget. She stated any budgetary questions
should be handled at the budget hearings and she is not convinced
the LAFCQ staff should become County personnel.
Martha McCart, LAFOO Commissioner, stated she was surprised by
the conclusions in the report and that the LAFCO Commission has
not discussed the report.
Virginia Brunini spoke in favor of LAFCO remaining independent
from the County.
Councilman Coxhead stated he is generally infavor of LAFCO
remaining independent but feels some cost reductions should take
place in the operation of the Commission.
Council directed Mayor Duke to write a letter to the Board of
Supervisors stating at the present time Tiburon would continue to
Support an independent Staff for LAFCO.
5. BUSINESS LICENSE REVISIONS (Ordinance, 1st Reading)
Finance Director Nadritch reviewed the two proposed revisions to
the Town's business license ordinance. The first revision deals
with constitutional apportionment as it relates to businesses
charged a fee that operate outside of the Town limits. The
second deals with the video game fees charged. The Town
TOWN COUNCIL MINUTES i734
JUNE 4, 1986
PAGE 5
presently charges $84/year per video amusement device and Staff
is proposing that the gross receipts from the amusement devices
be folded into the businesses gross receipts for one yearly
business license tax.
Mayor Duke opened the public hearing.
Mr. James Murray, representing Chris Morrison owner of The Attic,
stated Mr. Morrison supports the proposed fee adjustment for the
video games. He further requested that Mr. Morrison be refunded
the $726 he has paid for his video games.
Being no further comments, Mayor Duke closed the public hearing.
MOTION:
Moved:
Vote:
to read by title only
Wilson, Seconded by Coxhead
Ayes: Unanimous
Mayor Duke read "AN ORDINANCE OF THE TOWN OF TIBURON AMENDING
TITLE II, CHAPTER 4, OF THE TIBURON MUNICIPAL CODE RELATING TO
BUSINESS LICENSE TAXES".
MOTION:
Moved:
Vote:
To adopt first reading of the aforementioned
ordinance
Coxhead, Seconded by Duke
Ayes: Mayberry, Wilson, Coxhead, Shaw, Duke
Noes: None
6. CAL/TRANS DRAFT COOPERATIVE AGREEMENT (Proposed Modified
Traffic Controls at Avenida Miraflores)
Manager Kleinert reported the Draft Cooperative Agreement is to
allow CAL/TRANS to install a left-hand turn lane from Tiburon
Blvd. onto Avenida Miraflores.
MOTION:
Moved:
Vote:
To authorize the Mayor to execute draft
Cooperative Agreemnt subject to finalization of all
expenses
Mayberry, Seconded by Wilson
Ayes: Unanimous
7 · MARIN OOUNTY (DUNCIL OF MAYORS & COUNCILMEMBERS BUSINESS
MATTERS
Manager Kleinert reported that at the last MCCMC meeting there
was discussion concerning the support of a grant application to
the SF Foundation for the creation of a full time County position
designated as Transportation System Management Coordinator.
There was also a discussion concerning the proposed Golden Gate
Bridge 50th anniversary celebration.
Council stated their support for the creation of the
Transportation System Management Coordinator position and
deferred consideration of the anniversary celebration until the
TOWN COUNCIL MINUTES #734
JUNE 4, 1986
PAGE 6
next MCCMC meeting in June.
Council appointed Frank Shaw to the San Francisco Foundation
Distribution Committee.
B. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS
a. GENERAL PLAN WORK PROGRAM (Status Report by Consultant
Kreines)
Town Manager Kleinert reported tonight the Council will review
Report No. 1 of the General Plan Work Program. He noted
consultant Kreines will need some answers to certain questions
tonight. Manager Kleinert stressed the importance of maintaining
the time schedule submitted by consultant Kreines which would
bring the general plan work program to a conclusion on August 20,
1986.
Consultant Kreines then gave a brief overview of the general plan
work program task report number 1. He noted the four steps the
Town must undertake immediately are, 1) identify planning area;
2) identify neighborhoods; 3) test a neighborhood; and 4)
evaluate technical data. Kreines requested that the Planning
Director determine how many units there are in each of the
neighborhoods within Tiburon's planning area.
Kreines stated that the Tiburon General Plan is inadequate in
everyone of the seven mandated elements. He noted before
Tiburon can proceed with the General Plan Update process it must
first 1) complete a work program, 2) decide on a planning
process, 3) build a data base and 4) appoint committees by Fall
of 1986.
Councilman Coxhead requested that the Town Attorney be present
during these work program discussions.
Council requested that each work program report be discussed for
the first hour of each regular council meeting, rather than
holding special meetings.
Consultant Kreines noted that there will be only one test
neighborhood and it will certainly not be a neighborhood in
Strawberry. Kreines requested the Planning Director to determine
the Homeowner Association boundaries.
Council appointed Mayor Duke and Councilmember Mayberry to serve
on the General Plan work program committee.
Council directed that planning area to consist of all areas east
of highway 101.
Councilman Shaw expressed concern over noticing of this
discussion.
TOWN COUNCIL MINUTES i734
JUNE 4, 1986
PAGE 7
MOTION: That this Work Program Phase I Report be sent out to
all homeowners associations as part of the noticing
and continue this item
Moved: Shaw
Motion dies due to the lack of a second.
Kreines then reviewed various ways to obtain data necessary to
complete the work program. Kreines noted that the Town must have
an acceptable General Plan before starting work on the new Zoning
Ordinance.
I. ADJOURNMENT
Being no
Tiburon,
Tuesday,
Budget.
further business of the Town Council of the Town of
Mayor Duke adjourned the meeting at 11:57 P.M., to
June 10, 1986 to consider the preliminary 1986-87 Town
(~~
LAWRENCE J. DUKE, MAYOR
Town of Tiburon
ATTEST:
~~NAGER/CLERK
TOWN COUNCIL MINUTES #734
JUNE 4, 1986
PAGE 8
MINU'l'ES
ADJOURNED
TOWN COUNCIL
CALL TO ORDER
Vice-Mayor Coxhead called the adjourned meeting of the Town
Council of the Town of Tiburon to order at 8:35 A.M., Saturday,
May 31, 1986, in the Mill Valley Library, Mill Valley,
California.
A. ROLL CALL
PRESENT:
COUNCILMEMBERS:
Mayberry, Wilson, Coxhead, Shaw
Duke (11:40 A.M.)
ABSENT:
COUNCILMEMBERS:
None
EX-OFFICIO:
Town Manager Kleinert, Planning
Director Hanna, Supt. of Public
Works Brunini, Chief of Police
Bailey, Finance Director
Nadritch
B. BUSINESS ITEMS
1. GENERAL PLAN iIlRK PROGRAM
Planning Consultant Ted Kreines provided the Town Council and
Staff with a brief up-date and status report concerning the
preparation of the General Plan Work Program. Mr. Kreines noted
the Work Program would consist of five (5) basic reports. The
first report has been completed in draft form and will be
submitted to the Town Council at its regular meeting of June 4,
1986. The remaining reports will be submitted on a bi-monthly
basis, with the final report being received by the Town in mid-
August.
2. roWN COUNCIL/STAFF iIlRKSBOP
Approximately 35 various Town policies, procedures and
informational items were discussed by the Councilmembers and
Staff. These items pertained primarily to land use, planning,
building, public safety, public works, drainage and general
administration matters.
3 . CDMMISS ION/COMMI'l"I'EE APPO INTMEN'l'S
As the recent Planning and Parks & Open Space Commission
interviews were completed, there was brief discussion concerning
the Town Council's policy and procedure concerning such
appointments.
TOWN COUNCIL MINUTES #733
May 31, 1986
Page 1
c. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Duke adjourned the meeting at 2:50 P.M., sine die.
LAWREN E . DUKE, MAYOR
Town of Tiburon
R.
TOWN COUNCIL MINUTES #733
May 31, 1986
Page 2
MINUTES
ADJOURNED
TOWN OOUNCIL
CALL TO ORDER
Mayor Duke called the adjourned meeting of the Town Council of
the Town of Tiburon to order at 6:00 P.M., Thursday, May 29,
1986, in the Town Hall Conference Room, Tiburon, California.
A. ROLL CALL
PRESENT:
COUNCILMEMBERS:
Mayberry, Wilson, Coxhead, Shaw
Duke
ABSENT:
COUNCILMEMBERS:
None
EX-OFFICIO:
Town Manager Kleinert
B. PUBLIC BEARINGS & BUSINESS ITEMS
1. INTERlVEWS FOR PLANNING OOMMISSION & PARKS & OPEN SPACE
OOMMISSION
From 6 to 9 P.M. seven candidates were interviewed regarding
their interest in serving on the Town Planning Commission and/or
Parks & Open Space Commission.
2. 1986-87 TOWN BUDGET
The Town Manager presented the Town Council with the preliminary
1986-87 Town budget and explained the budget format and approval
process. This initial budget hearing consisted of a basic
overview with the subsequent budget hearings reviewing the
proposed revenue and expenditures' summaries, operating budgets
and capital improvement program.
After the Town Manager's brief summary of the budget program and
recommendations, he responded to questions by the Town Council.
Mayor Duke noted this budget hearing would be continued to June
10 at which, time all of the Department Heads will be in
attendance for consideration of the budget summaries and
individual department appropriations.
D. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Duke adjourned the meeting at 10:15 P.M., to
Saturday, May 31, 1986, for the purpose of the annual
TOWN COUNCIL MINUTES #732
May 29, 1986
Page 1
Council/Staff retreat which would be held at the Mill Valley
library from 8:30 A.M. to 2:30 P.M.
LAW J. DUKE, MAYOR
Town of Tiburon
ATTEST:
TOWN COUNCIL MINUTES #732
May 29, 1986
Page 2
MINUTES
TOWN COUNCIL
CALL TO ORDER
Mayor Duke called the regular meeting of the Town Council of the
Town of Tiburon to order at 7:40 P.M., Wednesday, May 21, 1986,
in the Hilarita Community Room, Tiburon, California.
A. ROLL CALL
PRESENT:
COUNCILMEMBERS:
Mayberry, Wilson, Coxhead, Shaw
Duke
ABSENT:
COUNCILMEMBERS:
None
EX-OFFICIO:
Town Manager Kleinert, Town
Attorney Ragghianti, Planning
Director Hanna, Town Engineer
Bala, Supt. of Public Works
Brunini, Chief of Police
Bailey, Finance Director
Nadritch, Assistant Town Clerk
Hennessy
B. APPROVAL OF MINUTES
#727, April 18, 1986
MOTION:
Moved:
Vote:
To approve Minutes #727 as submitted.
Wilson, Seconded by Mayberry
AYES: Unanimous
ABSTAIN: Coxhead
#729, April 30, 1986
There had been a request at the previous meeting to amend the
minutes on page 3, second paragraph, to read: "...constituted
substantial construction". A verbatim transcript of the subject
discussion was provided, and it was decided the transcript would
become an addendum to the minutes.
MOTION: To approve Minutes #727 as submitted with the addendum
a t,tached.
Moved: Mayberry, Seconded by Wilson
Vote: AYES: Unanimous
ABSTAIN: Coxhead
c. APPOINTMENTS TO CDMMISSIONS, BOARDS, CDMMITTEES
There were none.
TOWN COUNCIL MINUTES #731
May 21, 1986
Page 1
D. COMMISSION AND COMMITTEE ORAL REPORTS
1. BELVEDERE/TIBURON RECREATION COMMITTEE PROGRAM AND ACTIVITIES
(Oral Presentation by Representatives of the Committee and
Recreation Director)
Nancy Cappelloni, Director, introduced two Committee members, Tom
Gram and Hazel Carter, and gave a brief history of the
Committee's formation, budget and activities. Mrs. Cappelloni
emphasized that the Department's biggest concern was a permanent
location for their programs and activities.
The Mayor stated Councilmember Shaw had been appointed as a
liaison between the Council and the Committee.
2. BELVEDERE/TIBURON RECREATION OOMMITTEE CHILD CARE CENTER
(Oral Presentation by Representatives of the CCC Board and
Staff)
Joann Daily, President of the Child Care Board, stated the Center
was formed in 1970. Ms. Daily stated the Belvedere School site
must be vacated and emphasized the community's responsibility to
house the child care center; requested usage of the Tiburon land
adjacent to the Tiburon thrift shop to locate portable buildings.
In response to Vice-Mayor Coxhead, Ms. Daily stated they needed
35 sq. ft. per child which would require two attached portables;
the center has 150 children enrolled in the pre-school program
with approximately 30 children attending each day.
The Mayor suggested Councilmember Shaw and Staff should meet with
the Committee. The Town Manager stated perhaps the New Town Hall
Facilities Committee could meet with the CCC Board.
E. PUBLIC QUESTIONS AND COMMENTS
James Murray, on behalf of the Chamber of Commerce, presented a
Resolution, unanimously passed by the Board, to the Mayor, which
unanimously commended Robert L. Kleinert for his continuing
interest in and assistance to the business community.
Don Batten, representative on the Marin/Sonoma Mosquito Abatement
Board, stated there were numerous complaints from residents of
Lagoon View Road due to mosquitos breeding under Bon Appetit. He
read a letter the Board has written to the Safeway corporation
and urged Council and Staff to also write to Safeway. The
Superintendent of Public Works stated the Board has commenced
legal action against Bon Appetit.
Councilmember Wilson stated the Town should express their
indignation at the slowness of Safeway's response.
TOWN COUNCIL MINUTES i73l
May 21, 1986
P ag e 2
Jim Kautz, RUSD Trustee, asked the Council to make formal public
findings or preliminary statements of how the School District
property will be treated under the General Plan revisions that
would be helpful in preserving the value of that land; asked that
this matter be agendized. Mr. Kautz also asked that Design
Review be allowed to proceed up to the point of a formal
entitlement. The Town Attorney suggested Mr. Kautz call him to
discuss the matter.
Mr. Nana referred to a letter he had sent the Council and stated
he intended to submit plans for Design Review the next day. The
Mayor stated the Town Attorney was reviewing the letter. The
Town Attorney stated he would formally reply in writing; he had
instructed the Planning Director not to proceed with Mr. Nana's
Design Review application.
Mr. Helmut Somner reviewed the history of his property and asked
that his minor subdivison be allowed to proceed. The Town
Attorney asked Mr. Somner to address a letter requesting formal
approval to create a minor subdivision.
Richard Varney, owner of two lots at Paradise Drive and Taylor
Road, stated he was looking for a permitted exclusion on one
piece of property; if he had known permits would have been
granted up to April 26 he would have proceeded with plans;
pointed out his property doesn't connect with Tiburon traffic; he
had performed his own traffic counts. The Mayor responded that
no building permits were being issued and no design review
applications were being accepted; the traffic study would take
two years.
Rufus Soule, Moitoza Lane, asked if there will be any provisions
for exceptions to Measure C. The Town Attorney responded that it
was impossible for the Town Council to grant a hardship
exclusion; the Council cannot add or subtract from the initiative
passed by the voters.
The Mayor stated the Legal Subcommittee would get together with
the Town Attorney to discuss the letters submitted and respond to
them accordingly.
F. CONSENT CALENDAR
MOTION: To approve the Consent Calendar consisting of the
following items:
3. JUNE 1986 BALLOT PROPOSITION #51 (Resolution)
4. BELVEDERE/TIBURON CHAMBER OF COMMERCE CITIZEN OF THE YEAR -
ARNOLD VASA - Resolution)
Moved: Coxhead, Seconded by Wilson
Vote: AYES: Unanimous
TOWN COUNCIL MINUTES #731
May 21, 1986
Page 3
G. PUBLIC HEARINGS & BUSINESS ITEMS
5. APPEAL DESIGN REVIEW BOARD DECISION (Tree Complaint 1970/1960
Straits View Drive)
This item was continued to June 4, 1986 regular Council meeting
at the request of the parties involved.
6. PLANNING CDORDINATION WITH COUNTY OF MARIN (Consider Joint
Planning Within Sphere of Influence Areas)
The Town Manager reviewed the Staff report. The Mayor stated he
felt that Tiburon should chose the consultant and be given the
opportunity to plan Tiburon's Sphere of Influence with County
input.
Discussion ensued regarding whether the Council should request
the County to impose a similar type moratorium on property within
Tiburon's Sphere of Influence; the need to concentrate first on
the north side of Tiburon Boulevard and Paradise Drive and then
the Strawberry area; possible poll of residents in Strawberry
area; Staff to determine if Water Tank Hill has an approved plan.
MOTION: To table the item until theCouncil has results of
Mr. Kreines' work program.
Moved: Shaw
The Mayor stated the County needed an answer before Mr. Kreines'
program would be ready.
Councilmember Shaw withdrew the motion.
Discussion ensued regarding whether the joint planning proposed
should be done in phases; most of the Strawberry area has been
planned already.
Council agreed to send a letter to the Board of Supervisors
indicating their desire to have a joint planning effort with
"some type of moratorium" in the unincorporated areas.
7. UNDERGROUNDING OF UTILITIES (Tiburon Boulevard from Mar West
to Beach Road)
The Finance Director reviewed the Staff report.
The Mayor opened the public hearing. There being no comments,
the Mayor closed the public hearing.
Councilmember Wilson expressed concern that no easements be
granted for undergrounding at the corner of Mar West and Tiburon
Boulevard that would restrict the Town's use of that property.
TOWN COUNCIL MINUTES i73l
May 21, 1986
Page 4
MOTION: To adopt A Resolution of the Town Council of the Town
of Tiburon Stating Its Intention to Underground
Utilities Along Portions of Tiburon Bouelvbard and Beach
Road
Moved: Wilson, Seconded by Mayberry
Discussion ensued regarding the Belvedere Land Company
landscaping along Tiburon Boulevard and the proposed widening of
the Boulevard in 1988.
Vote: AYES:
Unanimous
G. COMMUNICATIONS, STAFF AND TOWN MANAGER REPORTS
a. Ltr. from B. Goldstein to Town Council dated 5/13/86
Regarding Solid Waste Management Plan
Council discussed letter and County's response and decided not to
amend their previously approved Resolution.
b. Appointment of Town Building Official - Rich Maddux
Mr. Maddux will commence work on May 23.
c. Ltr. from Town Engineer to Town Manager dated 5/12/86
Regarding Undergrounding County Rule 20 Funds
Council directed Staff to send letter to the County opposing the
reallocation of funds.
d. Traffic Count Program (Oral Status Report by Planning
Director)
The Planning Director reviewed Mr. Harvey's proposal. The
original proposal for morning and afternoon traffic counts at
nine intersections will be $5,000. Additional residential
neighborhood traffic counts would cost $1,000 and a program of
how the Town can best continue monitoring traffic would cost an
additional $1,000.
Discussion ensued regarding when the traffic counts should be
performed.
Concern was expressed regarding spending over $5,000 on a
consultant's contract and whether the project needed to go to
bid.
MOTION:
Moved:
This item no go forward because it is a $7,000 package.
Shaw, Seconded by Coxhead
Vice-Mayor Coxhead stated he felt the Town was skirting the law
by breaking the package down into three parts; thought the
Council should go ahead with the preliminary study of $5,000.
TOWN COUNCIL MINUTES #731
May 21, 1986
Page 5
The Planning Director stated the study had already been
contracted for by the actions of the previous Council.
The Town Manager explained that the Town had contracted with Gary
pivo and the traffic studies were a subcontract under Mr. Pivots
contract. The question before the Council was whether to add the
additional scope of work.
Councilmember Shaw stated he was still waiting for the Traffic
Safety Committee to comment on the traffic studies.
The Town Engineer stated he had difficulty commenting on the
traffic counts until the purpose of the counts had been
determined; the $5,000 limit does not apply to consultant's;
price should not dictate who will be chosen for professional
work.
Vice-Mayor Coxhead withdrew his second.
Motion fails for lack of a second.
Councilmember Shaw stated he opposed granting the $5,000
contract; wanted nine intersections covered in a more formal way;
wanted Town Engineer's input; wanted Chief Bailey's comments.
The Planning Director reviewed the proposal. (1) To determine
the trips per day for residential use in Tiburon, two locations
would be used, i.e., Round Hill Road and Lyford at Acelia. This
would cost $1,000. An additional proposal was for continual up-
dated traffic information and this would cost $1,000.
MOTION: Town be authorized to spend not to exceed $1,000, for
the purpose of establishing taffic generation rates in
residential areas
Moved: Wilson, Seconded by Mayberry
Vice-Mayor Coxhead asked Staff to negotiate fee downward.
Councilmember Shaw asked the Town Attorney to look into the
spending of over $5,000; should it have been noticed; asked that
items dealing with traffic on Tiburon Boulevard, circulation
issue and traffic counts be included on the agenda when the
Council discusses Tiburon Boulevard.
Vote: AYES:
NOES:
Mayberry, Wilson, Coxhead
Shaw, Duke
The Mayor directed Staff to clarify $5,000 requirements.
e. Town Council/Staff Retreat - May 31
The Town Manager requested Council to submit items of interest to
be included on the agenda.
TOWN COUNCIL MINUTES #731
May 21, 1986
Page 6
MARIN COUNTY FAIR
The Town Manager reported that July 5 will be City/Town Fair Day
and on July 3 there is a milking contest. Councilmember Shaw
will represent the Town at the milking contest.
RUSD
Councilmember Shaw asked if anyone perceived a conflict of
interest since both he and the Mayor had children in the RUSD and
were both serving on the liaison committee. Council agreed there
was no conflict.
Councilmember Shaw reviewed items discussed at the RUSD Board
meeting.
row BALL STEERING COMMITTEE
The Mayor asked for a status report.
I. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Duke adjourned the meeting at 10:35 P.M., to 6:00
P.M., May 22, 1986 for Planning Commission interviews.
~/
ATTEST: ~
4Jar?
R. L. KLEINERT, TOWN MANAGER/CLERK
TOWN COUNCIL MINUTES i73l
May 21, 1986
Page 7
MINUTES
ADJOURNED
i'OWN OOUNCIL
CALL TO ORDER
Mayor Duke called the adjourned meeting of the Town Council of
the Town of Tiburon to order at 7:40 P.M., Tuesday, May 13, 1986,
in the Hilarita Community Room, Tiburon, California.
A. BOLL CALL
PRESENT:
COUNCILMEMBERS:
Mayberry, Wilson, Coxhead, Shaw
Duke
ABSENT:
COUNCILMEMBERS:
None
EX-oFFICIO:
Town Manager Kleinert, Planning
Director Hanna, Town Engineer
Bala, Supt. of Public Works
Brunini, Chief of Police
Bailey, Assistant Town Clerk
Hennessy
B. APPBOVAL OF MINUTES
#726, April 16, 1986
MOTION:
Moved:
Vote:
To approve Minutes #726 as submitted
Coxhead, Seconded by Wilson
Ayes: Unanimous
#727, April 18, 1986
Minute Clerk to listen to tape regarding Mayor's response to Mr.
McLeod's statement on page 3.
#728, April 21, 1986
MOTION: To approve Minutes #728 as submitted
Moved: Wilson, Seconded by Mayberry
Mr. McLeod noted the minutes reflected Lot 5 was not included in
the original motion to grant building permits and Lot 5 was
discussed later in the meeting; he felt a new public hearing
should have been set. The Mayor noted the next paragraph had
clarified the intent of the motion.
Mr. McLeod was not correcting the minutes, but commenting on the
Council's actions.
Vote: Ayes:
Unanimous
TOWN COUNCIL MINUTES #730
May 13, 1986
Page 1
1729, April 30, 1986
Minute Clerk to listen to tape regarding Councilmember Mayberry's
statement on page 3 concerning grading and construction.
c. APPOINTMENTS TO COMMISSIONS, BOARDS, OOMMITTEES
The Mayor, with the unanimous consent of the Council, appointed
Mary Rogers to a two year term as the Town's representative on
the Marin County Agency on Aging Commission, effective July 1,
1986.
D. OOMMISSION AND COMMITTEE ORAL REPORTS
There were none.
E. PUBLIC QUESTIONS AND COMMENTS
Joy Patton, representing The Local Spiritual Assembly of the
Baha'is of Tiburon, presented the Baha'i Peace Message to the
Town Council.
Susan Orcutt, 115 Leland Way, requested a stop sign at the corner
of Leland & Cecilia Way where her son had been hit by a car the
previous evening. The Mayor directed the Town's Traffic Safety
Committee to review the request.
F. OONSENT CALENDAR
MOTION: To approve the Consent Calendar consisting of the
following item:
1. MAR WEST STREET NO PARKING AREA (Between Tiburon Boulevard &
TPC - Resolution)
Moved:
Vote:
Wilson, Seconded by Coxhead
AYES: Unanimous
G. PUBLIC BEARINGS & BUSINESS ITEMS
2. DUBILIER BEQUEST TO TOWN OF TIBURON (Establish Town Project
for Matching Funds)
The Town Manager reviewed the Staff report. The Town of Tiburon
was named beneficiary under the will of Dr. Dubilier, subject to
certain terms and conditions, i.e., the sum of $25,000 be given
to the Town in the form of matching funds for the landscaping or
other improvements to the Tiburon Multi-Use Path, waterfront park
or adjacent beach areas. The Town's Parks & Open Space
Commission prioritized certain projects and submitted the list to
the Executor of the Estate, who was willing to accept the
projects, but asked the Town to reconsider the bequest
requirements and possibly select another project more in keeping
with the spirit of the will. The Town Manager requested Council
TOWN COUNCIL MINUTES #730
May 13, 1986
Page 2
to consider utilization of the Dubilier bequest of $25,000
towards matching funds to assist in the Hobbs' shoreline
acquisition.
John Hoffmire, President of the Tiburon Peninsula Foundation, who
were assisting the Shoreline Trust Fund Committee to acquire the
Hobbs Property, stated they expected a 60-day extension from BCDC
and the committee is receiving donations on a regular basis.
Discussion ensued regarding grant funds, matching funds and open
space funds.
MOTION: Town Council support the use of the Dubilier bequest
in the amount of $25,000 to acquire matching funds for
the Hobbs' Shoreline property
Moved: Wilson, Seconded by Coxhead
Vote: AYES: Unanimous
3. JUNE 1986 BALLOT PROPOSITIONS (Consider Propositions 46, 47,
49 and 51)
The Town Manager reviewed the Staff report. Both the League of
California Cities and MCCMC had requested the cities to take a
position on these four propositions.
Mayor Duke stated he was not in favor of Proposition 49 because
he felt it prohibited fair treatment and free expression of
political parties. Councilmember Shaw felt the Council should
remain neutral and not try to tell people how to vote. Vice-
Mayor Coxhead stated he preferred the Council not take a stand on
issues outside the community, however, he felt in this instance
it was important to voice his concerns.
The Town Manager stated traditionally the Council does not take
positions, however, three of these propositions affect the
financial status of the Town and it was in the best interest of
the Town to try to protect these revenue sources.
Moved:
Vote:
To approve Resolution Supporting Proposition #46:
Restoration of General Obligation Bond Authority to the
Voters
Wilson, Seconded by Mayberry
AYES: Mayberry, Wilson, Coxhead, Duke
NOES: Shaw
MOTION:
MOTION: To'approve Resolution Supporting Proposition 47:
Guaranteeing the Vehicle License Fee as a Local
Government Revenue Source
Moved: Wilson, Seconded by Mayberry
Vote: AYES: Mayberry, Wilson, Coxhead, Duke
NOES: Shaw
TOWN COUNCIL MINUTES #730
May 13, 1986
Page 3
MOTION: To approve Resolution Supporting Proposition 49:
Nonpartisan Elections
Moved: Wilson, Seconded by Mayberry
Vote: AYES: Mayberry, Wilson
NOES: Shaw, Duke
ABSTAIN: Coxhead
Motion fails for lack of a majority.
The Resolution Supporting Propositon 51 was inadvertently left
out of the agenda package. A majority of the Council indicated
their support, and the Resolution will be placed on the Consent
Calendar at the next meeting.
4. 4th OF JULY CELEBRATION (Request by Chamber of Commerce to
Close Paradise Drive for 4th of July Festivities)
The Town Manager reviewed the Staff report. The Chamber of
Commerce requested closure of Paradise Drive along the Shoreline
Park from 9 A.M. to 10 P.M. on the 4th of July.
Staff and Council discussed the request and it was agreed to
grant permission with the following conditions:
1. Closure to be from 8 A.M. until the conclusion of the
fireworks at Crissy Field.
2. Closure begin at the turn-around, not Main Street
3. Fire District's permission received
4. Get a firm guarantee from Point Tiburon that Beach Road will
be open for that day.
5. !.'OWN OOUHCIL OOMMITTEES, APPOINTMENTS, PROGRAMS AND
PBOCEDURES
a. Council Assignments to Standing Committees & Town Committees
The Mayor requested the Finance, Legal & Administration Committee
be broken down into two committees. Council agreed.
FINANCE & ADMINISTRATION: James Wilson and Fran Mayberry
LEGAL: Lawrence Duke and Frank Shaw
PUBLIC SERVICES: James Wilson and Frank Shaw
LANDS & DEVELOPMENT: Stone Coxhead and Lawrence Duke
BUSINESS COMMUNITY LIAISON COMMITTEE
Delegate: Frank Shaw Alternate: Stone Coxhead
NEW TOWN HALL STEERING COMMITTEE
Delegate: James Wilson Alternate: Lawrence Duke
TOWN COUNCIL MINUTES 1730
May 13, 1986
Page 4
JOINT BELVEDERE/TIBURON RECREATION COMMITTEE
Delegate: Frank Shaw Alternate: Lawrence Duke
b. Council Assignments to Regional Boards & Committees
LEAGUE OF CALIFORNIA CITIES:
Delegate: Fran Mayberry Alternate: Frank Shaw
COMMUNITY DEVELOPMENT BLOCK GRANT PRIORITY SETTING COMMITTEE:
Delegate: Fran Mayberry Alternate: Frank Shaw
COUNTYWIDE PLAN ADVISORY COMMITTEE:
Delegate: Fran Mayberry Alternate: Frank Shaw
ABAG :
Delegate: James Wilson Alternate: Frank Shaw
101 CORRIDOR STUDY
Delegate: James Wilson Alternate: Fran Mayberry
RICHARDSON BAY REGIONAL AGENCY
Delegate: Stone Coxhead Alternate: James Wilson
CATV JPA AUTHORITY
Delegate: Stone Coxhead Alternate: Frank Shaw
c. Council Public Meeting Notices
Staff sending agenda to IJ to be published on Saturday prior to
Council meeting. Agenda also recorded on taped message when Town
Hall offices are closed.
B. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS
a. Ltr. from Dennis Jauch, Marin County Parks & Recreation,
regarding the Marin County Fair & Exposition, dated 5/1/86
Council discussed possibilities, including the Hobbs' Acquisition
Committee's use of a booth at the Fair. Staff directed to get
more information.
b. Hillhaven Property Owners' Association Minutes of 4/13/86
Council agreed to hold a workshop with all the Tiburon Homeowner
Associations after the Commission workshops have been completed.
c. Ltr. from James Michael, Requesting Landscape Maintenance,
dated 4/24/86
Discussion ensued regarding the Town's policy to maintain sight
distances, but the Town doesn't have the manpower to maintain
landscaping for aesthetic purposes; the Town does give permission
to residents to trim trees in the Town's right-of-way with the
consent of the Superintendent of Public Works.
TOWN COUNCIL MINUTES 1730
May 13, 1986
Page 5
Sandra Norwitt, 140 Sugarloaf, stated the current status of the
landscaping was unsightly. At the suggestion of the Council, she
will contact the property owners association for assistance and
the Public Works Department will assist in removing the debris.
INTERVIEWS
The Council set interviews for the Planning Commission and Parks
& Open Space vacancies for May 22 and 27.
TIBURON BOULEVARD
Council asked Staff to contact CAL/TRANS to fill in potholes
along Tiburon Boulevard prior to the overlay project scheduled
for late summer.
BICYCLE LANE ON TIBURON BOULEVARD
The Mayor requested Council's future consideration of a bicycle
lane along Tiburon Boulevard. The Town Engineer explained a
bicycle lane requires 5' width; the Boulevard is too narrow in
certain areas. He had requested CAL/TRANS to provide a shoulder
in the Palmer Court area and they have declined due to the
expense. The Police Chief stated that in terms of accidents
Tiburon Boulevard is safe. Council agreed to agendize the safety
aspects of Tiburon Boulevard at a later date.
EBOSION ORDINANCE
Councilmember Mayberry requested Staff to consult with the Town
Attorney and determine whether the Town should adopt an erosion
control ordinance.
Bcne HOBBS BEARING
Councilmember Mayberry will attend the BCDC meeting as an
individual Councilmember, and will not take a position regarding
the status of the Hobbs permit application.
RUSD OOMMITTEE
Councilmember Shaw stated he had attended a RUSD Board meeting
where financial problems were discussed and had volunteered to
serve on a RUSD liaison committee so that the Board knew the
Council was'not totally ignoring their problems. After
discussion, it was decided that Mayor Duke, Councilmember Shaw
and the Town Manager would contact and meet with the School
District Staff and Board members.
TOWN COUNCIL MINUTES #730
May 13, 1986
Page 6
CALIFORNIA HISTORICAL SOCIETY
Mayor Duke announced the California Historical Society wished to
present an award to the Town for their preservation of the
Donahue Building at a banquet on May 21. Since this was a
regular Council meeting, he would ask someone else to attend the
dinner to accept the award.
INNISFREE vs SOUTHERN PACIFIC
The Town Manager reported that The Innisfree Companies had sued
Southern Pacific alleging the planning and engineering plans were
incomplete which caused them severe problems and delays.
LANDS & DEVELOPMENT CDMMITTEE
The Town Manager reported he and the Lands & Development
Committee met with the Marin County Planning Department personnel
to discuss the County's general plan up-date within the Town's
sphere of influence; gave them the Town's general direction to be
presented to the County Board of Supervisors.
I. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Duke adjourned the meeting at 10:50 P.M., to
Executive Session, 6 P.M., May 21, 1986 to be followed by the
regular Town Council meeting.
ATTEST:
R. AGE RjCLERK
TOWN COUNCIL MINUTES *730
May 13, 1986
Page 7
MINUTES
ADJOURNED
'!'OW COUNCIL
CALL TO ORDER
Mayor Duke called the adjourned meeting of the Town Council of
the Town of Tiburon to order at 7:40 P.M., Wednesday, April 30,
1986, in the Hilarita Community Room, Tiburon, California.
A. ROLL CALL
PRESENT:
COUNCILMEMBERS: Mayberry, Shaw, Wilson, Duke
ABSENT:
COUNCILMEMBERS: Coxhead
EX OFFICIO: Town Manager Kleinert, Town Attorney
Ragghianti, Planning Director Hanna,
Deputy Town Engineer Strangaard,
Chief of Police Bailey,
Superintendent of Public Works
Brunini, Finance Director Nadritch,
Assistant Town Clerk Hennessy
B. APPROVAL OF MINUTES
#725, April 15, 1986
MOTION:
Moved:
Vote:
To approve Minutes #725 as submitted.
Mayberry, Seconded by Shaw
Ayes: Mayberry, Shaw, Duke
Noes: None
Abstain: Wilson
Absent: Coxhead
c. APPOINTMENTS TO WMMISSIONS, BOARDS, COMMITTEES
There were none.
D. COMMISSION AND WMMITTEE ORAL REPORTS
There were none.
E. PUBLIC QUESTIONS AND OOMMENTS
Don Batten commended the Tiburon Police Department for the
outstanding job they did in protecting the community, individuals
and merchants during Opening Day. Chief Bailey reported there
were approximately 25,000 people downtown and there were far
fewer actual arrests than previous years with fewer people. The
Police Chief stated he wanted to take the opportunity to publicly
thank his personnel who worked 12 hour shifts on Opening Day.
TOWN COUNCIL MINUTES #729
April 30, 1986
Page 1
Moved:
Vote:
Council to recognize the contribution of the Police
personnel and thank each member who worked on Opening
Day.
Shaw, Seconded by Duke
AYES: Unanimous
ABSENT: Coxhead
MOTION:
P. OONSENT CALENDAR
MOTION:
To approve the Consent Calendar consisting of the
following items:
1. FINANCE REPORT (January, February, March 1986)
2. RBLP MULTI-USE AND JOGGING PATH (Addendum to SASM Maintenance
Agreement)
3 . AWARD OF CONTRACTS
a. Lyford Drive & Tiburon Blvd. Signalization
b. Stewart Drive & Tiburon Blvd. Intersection Improvements
Moved: Wilson, Seconded by Shaw
Vote: AYES: Unanimous
ABSENT: Coxhead
BUILDING PERMITS
Councilmember Mayberry asked for a status report of building
permits issued since April 21 and what construction has taken
place.
The Planning Director reviewed the list of 13 permits issued; the
Town Manager, Mayor and he had visited each lot and it was his
opinion that all substantially commenced construction by the
April 26 deadline; in some instances there was grading, footing
and concrete poured. Discussion ensued amongst the Council,
Planning Director and Town Attorney regarding wording of Measure
C, substantial construction, construction commenced, vested
rights.
MOTION: That the Council make a determination of what
constitutes construction substantially begun within the
parameters of Measure C, Section 3D and pursuant to that
interpretation which of these 13 lots, if any, have
complied with that requirement
Moved: Mayberry
Motion dies for lack of a second.
MOTION: To define how the Council would pursue the definition of
substantial construction
Moved: Shaw, Seconded by Mayberry
TOWN COUNCIL MINUTES #729
April 30, 1986
Page 2
Councilmember Mayberry stated she wanted a determination made by
the Council as to what constitutes construction substantially
begun within the meaning of Measure C, Subparagraph 3(d).
Discussion ensued regarding the waiver statement signed when
people were issued a building permit: Section 3(d): whether
grading consisted of construction: vested rights.
Vote:
AYES:
NOES:
ABSENT:
Mayberry, Shaw
Wilson, Duke
Coxhead
Motion fails for lack of a majority.
MOTION: In determining policy statements regarding Measure C
and its effect on permits the Town has issued, Council
obtain a second legal counsel.
Moved: Mayberry
AMENDED MOTION:
By a method to be determined after full
discussion of Measure "C" with the Town
Attorney.
Moved: Duke
Councilmember Mayberry did not accept the amendment to her
motion.
Motion dies for lack of a second.
PERINI PERMITS
Councilmember Mayberry requested discussion of the Deputy Town
Engineer's letter regarding the Perini development.
Mr. Strangaard stated that from an engineering standpoint the
engineering has been completed: as soon as a Final Map is
recorded the developer can sell lots: all subdivision
improvements do not have to be finished; they are bonded so that
the Town has a guarantee that the improvements will be finished,
either by the developer or by the Town: the Town would withhold
Occupancy Permits until all the facilities were installed.
In response to Councilmember Mayberry, the Town Attorney stated
that Certificates of Completion have not been guaranteed to the
Perini Corporation. He had been advised that the Town Engineer
felt Perini, had satisfied the requirements. Discussion ensued
regarding Perini's qualifications under Measure "C" Sections 5
and 6.
Rod McLeod, Belveron spokesperson, stated they are concerned that
the sewer, gas and water improvements are installed: he
understood there might be a problem with paved streets being
installed and heavy construction equipment moving across the
streets.
TOWN COUNCIL MINUTES 1729
April 30, 1986
Page 3
The Town Attorney stated there had been a studied decision made
balancing out what would happen in the event no permits were
issued; he had read Section 5 and determined that Perini would
qualify.
The Town Manager stated Perini was not issued all five building
permits until the Town Engineer had been contacted in the South
Pacific and had assured Mr. Kleinert that in his opinion the
developer had complied with the subdivision improvements'
condition.
Discussion ensued regarding whether the Council had approved the
issuance of additional building permits to Perini and whether
there had been a reopened public hearing on the matter at the
previous Council meeting after interested parties had left the
meeting.
The Mayor stated the Council's motion was directed at a policy
statement and not the actual issuance of building pemits; that
Perini had been advised if they amended their application and it
then complied with the requirements for a building permit, then a
building permit would be issued for their fifth lot. Staff was
directed to prepare the minutes of the April 21 meeting and
provide Mr. McLeod with a copy of said minutes.
G. PUBLIC BEARINGS & BUSINESS ITEMS
4. CIBRIAN DEVELOPMENT (Water Tank Status Report)
The Planning Director reviewed the Staff report and a letter from
the California Land Title Company of Marin which stated the Town
held a lien on four lots. The original condition of the
development was that a water tank be installed in the Spring and
that the Town would notify the developer in January reminding him
that the water tank should be installed; subsequently the
condition was modified to state that notification would take
place six months prior to the required installation; the Town was
obligated to locate an alternate site for the water tank since
the Ring Mountain development had not proceeded and negotiations
were taking place with the Nature Conservancy and the Water
District; additional details to an agreement for this new site
were not complete. The Planning Director asked the Council to
confirm that the October 31 construction date was inappropriate
at this time and the Town will determine an exact date for
construction of the water tank at a later time. Council
confirmed the Planning Director's recommendation.
5. MARIN OOUNTY SOLID WASTE MANAGEMENT PLAN (Cons ide rand
Approve Revised Plan - Resolution)
The Town Manager reviewed the Staff report, and introduced Eric
Borgwardt, Marin County Planning Department. Mr. Borgwardt
reviewed the goals and objectives of the Plan and responded to
TOWN COUNCIL MINUTES #729
April 30, 1986
Page 4
questions regarding land fill areas; the negligible financial
impact of the Plan on the Town; the need for a major increase in
recycling efforts; the feasibility of using solid waste for
building materials and for electrical power plants.
Councilman Wilson commended Mr. Borgwardt for explaining the plan
so clearly.
MOTION: To adopt Resolution Endorsing and Recommending Adoption
of the Marin County Revised Solid Waste Management Plan
by the Marin County Board of Supervisors
Moved: Mayberry, Seconded by Wilson
Vote: AYES: Unanimous
ABSENT: Coxhead
6. MAJOR CRIMES TASK FORCE (Consider Tiburon's Funding
Share of 1986-87 Budget)
The Town Manager reviewed the Staff report. Tiburon's estimated
share of expenses for the 1986-87 budget was $13,739.
Don Batten supported Tiburon's participation.
MOTION: To support in concept Tiburon's continued participation
in the Major Crimes Task Force
Moved: Wilson, Seconded by Mayberry
Vote: AYES: Unanimous
ABSENT: Coxhead
7. REDESIGNATION OF OPEN SPACE PROPERTY (Consider
Planning Commission Recommendation to Pave Open Space
Property at the End of Miraflores Lane)
Council waived reading of the Staff report.
The Planning Director stated the Planning Commission had approved
the application with five conditions, i.e, a revocable
encroachment permit, a landscape plan, no private gate installed,
no expenditure of Town funds and it is not a precedent setting
matter. In response to Councilman Wilson, the Planning Director
stated the Fire District would be consulted when the gate and
landscaping plans were submitted for review; curbs and gutters
and the construction plan would also be reviewed by the Town
Engineer.
Councilmember Mayberry stated she was concerned about using any
open space for other purposes; didn't see the need for more
paving. Discussion ensued regarding the attractiveness of the
area and designating the area as open space; the Parks & Open
Space Commission's deliberations regarding whether open space
should be signed or not.
TOWN COUNCIL MINUTES i729
April 30, 1986
Page 5
MOTION:
Moved:
Vote:
To accept this application subject to the five (5)
conditions of the Planning Commission and an additional
requirements that the plans be approved by the Town
Engineer and the Fire District
Wilson, Seconded by Shaw
AYES: Wilson, Shaw, Duke
NOES: Mayberry
ABSENT: Coxhead
8. REQUEST FOR NO PARKING ALONG MAR WEST STREET (Tiburon
Boulevard to Tiburon Peninsula Club)
The Town Manager reviewed the Staff report. The Tiburon
Peninsula Club had requested the area be designated as No Parking
to establish a safe corridor for pedestrians and bikers. The
Town's Traffic Safety Committee had recommended parking be
allowed, however, the Town Manager stated he disagreed and
recommended the area be designated as No Parking.
Howard Bromberg, President of the TPC, stated their request was
made solely out of concern for the pedestrians.
Don Batten, former Chairman of the Downtown Parking Advisory
Committee, supported the request.
Stewart Hopkins stated commuters should be using the parking lot
and supported the request.
Michael Velco, 1300 Mar West, stated he brought a petition to the
Police Department in January requesting no parking in that area.
Chief Bailey suggested the no parking designation be extended to
Marinero Way and Harbor Oak Drive. Council stated they would
consider that suggestion when the matter was properly noticed.
Don Perkins, Main Street Properties, stated the parking lot
attendants have seen accidents in the area.
MOTION:
Moved:
Vote:
To instruct the Town to post No Parking signs in area
along Mar West from Tiburon Boulevard to the Tiburon
Peninsula Club.
Wilson, Seconded by Mayberry
AYES: Unanimous
ABSENT: Coxhead
9. REVIEW OF TOWN PLANNING CONSULTANT AND TRAFFIC CONSULTANT'S
CONTRACTS (Regarding Land Use and Circulation Elements'
Amendments)
This item continued to after Item 10.
TOWN COUNCIL MINUTES *729
April 30, 1986
Page 6
10. RUSD REQUEST FOR ADDITIONAL PEDESTRIAN PATH IN BLACKIE'S
PASTURE (Parks & Open Space Commission Recommendation)
The Town Manager reviewed the request from the RUSD to have an
additional pedestrian path in Blackie's Pasture linking the bike
path with the Trestle Glen signaled crossing.
Yvonne Reed, RUSD, urged support of their request. Ann Ross
supported the request and also urged a crosswalk at Reed Ranch
Road. Karen Nygren asked the Town to coordinate plans for a
pedestrian path through Blackie's Pasture with the Precise Plans
approved for Blackie's Pasture.
Councilmember Wilson stated integration of the Precise Plan and a
more detailed profile needs to be drawn so that the plan roughly
follows the curve pattern of the ponds and perhaps allow
pedestrians to walk around the curved pond; should be placed in a
way so that it is not torn up when the mound of the trestle is
shaped.
The Town Manager stated the item could be discussed further
during the Capital Improvement Budget hearings.
Councilmember Wilson stated he and the Town Engineer have
discussed the feasibility of extending Reed Ranch Road to
Greenwood Beach Road and would like further discussion during
public hearings regarding the Precise Plan.
MOTION: Council approve the pedestrian path extension as
generally shown on the Staff's sketch in concept,
subject to funding at the time of budget hearings
Moved: Wilson, Seconded by Mayberry
Vote: AYES: Unanimous
ABSENT: Coxhead
9 . REVIEW OF '!'OWN PLANNING CONSULTANT AND TRAFFIC CONSULTANT' S
CONTRACTS (Regarding Land Use and Circulation Elements'
Amendments)
The Town Manager stated the Council's Subcommittee, consisting of
Mayor Duke and Vice-Mayor Coxhead, the Planning Director and
himself had met to discuss the general contractual obligations of
the Planning Consultant and Traffic Consultant. These meetings
will continue when Staff collects additional information and when
Mr. Pivo can be present. The Subcommittee requested the full
Council's consideration of when traffic counts should be taken.
Mr. Pivo suggested additional traffic counts be taken in the
Spring and Mr. Kreines suggested September. The Town Manager
requested specific direction in order to advise the consltnats
accordingly and in a timely manner.
Rufus Thayer thought the counts should proceed on a continuous
basis. Karen Nygren stated schools create traffic and studies
should be done when schools are in session; she also noted each
TOWN COUNCIL MINUTES i729
April 30, 1986
Page 7
school releases its students at different times and rainy weather
creates additional traffic.
Don Perkins, Main Street Properties, offered statistical parking
information.
Councilmember Mayberry favored going ahead with additional
traffic counts now. The Mayor asked what type of data should be
collected, i.e., collector streets, morning, evening commute,
school streets, Tiburon Wye. Discussion ensued regarding the
traffic consultants' scope of service, whether this should be
expanded and what additional work would cost.
The Town Manager stated he would distribute the traffic
consultants $5,000 proposal to the Council for their review.
After reviewing it, Council should notify Staff concerning their
recommendations as to when the counts should be taken and notify
Staff what additional traffic counts they deemed necessary.
Staff will negotiate with the traffic consultants regarding fees
for any additional work.
12. 1986-87 TOWN BUDGET PROCESS (Budget Hearing Procedure and
Schedule)
Council reviewed the proposed schedule and determined to hold
budget hearings on Thursday, May 29; Tuesday, June 10; Tuesday,
June 24 and Wednesday, July 2.
13. HOUSEHOLD HAZARDOUS MATERIALS COLLECTION DAY (Tiburon' s
Participation in Proposed Countywide Program)
Council waived Staff report.
MOTION: To approve Tiburon's contribution of $500 towards the
expense of Hazardous Materials Collection Day
Moved: Wilson, Seconded by Mayberry
Vote: AYES: Unanimous
ABSENT: Coxhead
11. AUDITOR REPORTS AND UPDATE OF TOWN'S FINANCIAL STATUS
a.
Belvedere/Tiburon Joint Recreation Committee 1984-85
Auditor's Report
MTC Allocation - Auditor's Report
Town Auditor's Management Letter for 1984-85 & Finance
Di~ector's Comments
Mid-Year Review of Revenue and Expenditures
b.
c.
d.
MOTION:
Moved:
Vote:
To accept the Auditors' Reports and Management Letter
Wilson, Seconded by Shaw
AYES: Unanimous
ABSENT: Coxhead
TOWN COUNCIL MINUTES 1729
April 30, 1986
Page 8
14. PUBLIC MEETING NOTICES AND CONDUCT PROCEDURES (Discuss
policies Regarding Public Noticing of Meetings and Agendas
and Basic Rules of Meeting Conduct)
This item was continued. Councilmember Shaw requested Staff to
monitor progress of AB 2674.
15. PLANNING & BUILDING PERSONNEL STATUS (Authorization to Fill
Planning Assistant's Position)
The Town Manager reviewed the Staff report and requested
authorization to hire a Planning Assistant with possibly higher
qualifications than previously required to assist the Planning
Director. Council authorized the Town Manager to fill this
position.
16. TOWN BALL CLOSURE (Proposal to ~lose Offices from 12 Noon to
1 P.M.)
The Town Manager reviewed the Staff report. Councilmember
Mayberry expressed concern that people use their lunch hour to do
business at Town Hall. Council asked for additional information
regarding other Town Hall closures and to reagendize for public
hearing in June.
B. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS
Ltr. Martin Perlmutter, dated 4-16-86 (Tiburon Blvd. Safety
Improvements)
This letter was referred to CAL/TRANS.
Memo from Parks & Open Space Commission Requesting a
Council/Commission Workshop
Council agreed to set a date for a Workshop after their interview
sessions and the Commission vacancies were filled.
Letter from Eric Schmidt to Town Council
The Town Manager referred to letter written by Eric Schmidt to
the Town Council expressing his concerns regarding the Chief of
police's conduct at a recent Town Council meeting. Mr. Schmidt
felt the Chief of Police's actions were inappropriate and
intimidating. The Town Manager stated the Chief of Police, while
in attendance at a Town meeting, usually serves as the Sergeant
of Arms concerning disturbances and generally responds directly
to requests by the Mayor or members of the Council. The Town
Manager recommended this procedure be the Town's policy in the
future.
Mayor Duke stated if Mr. Schmidt took a personal affront to the
Chief's actions, he thought he had overreacted; as spokesman for
the Council, Mayor Duke stated it was his fault that he let the
TOWN COUNCIL MINUTES #729
April 30, 1986
Page 9
meeting get out of hand and he apologized to Mr. Schmidt for what
happened.
Eric Schmidt thanked the Council for placing the matter on the
agenda; stated he had lived many years under foreign regimes and
was very sensitive to the rights of American citizens under the
constitution; didn't want meetings taken over by the Police or
Army; the Chair did nothing to call the Chief to act; the Chief
placed fear in him; his complaint was against the Chief of
Police; he didn't want to sue the community; didn't want to see a
deterioration of violation of law; if the Council would make it
plain the Police do not take over from the Council until the
Chair asks the Chief to do so then Mr. Schmidt said he would be
satisfied.
The Mayor stated the Town Council's future policy would rqire
that al requests for Staff assistance concerning disturbances at
public meetings would be directly from the Mayor to the Sergeant
of Arms. Council agreed.
STATE PROPOSITIONS ON JUNE BALLOT
Council requested Propositions 46, 47, 49 and 51 be discussed at
the next meeting.
ELEPHANT roCK
The Town Manager reported Innisfree Companies, Inc. were
performing the required repairs to Elephant Rock. The Deputy
Town Engineer recommended that non-scheduled work be performed
during this repair project, and the Town Manager had allocated an
additional $2,000 so that all three piers would be encased in
concrete hulls.
I. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Duke adjourned the meeting at 11:35 P.M. to
Tuesday, May 13, 1986 for an adjourned meeting in lieu of the
regular May 7, 1986 Town Council meeting due to lack of a quorum.
~--',/ U/... /
,/' 'A
/' ~~/_ ,,LL
- LAWRENC~YDUKE, MAYOR
ATTEST:
R. L. KLEINERT, TOWN MANAGER CLERK
TOWN COUNCIL MINUTES #729
April 30, 1986
Page 10
M E M 0 RAN DUM
TO:
FILE
MAY 21, 1986
FROM: ASSISTANT TOWN CLERK
SUBJECT: MINUTES #729, APRIL 30, 1986
At the May 21, 1986 Town Council meeting, it was decided to
attach the following verbatim transcript to the minutes which
were approved as submitted:
Councilmember Mayberry requested a change on page 3, in the
paragraph, which states: n...whether grading consisted of
construction". The suggested change was to read: "whether
grading constituted substantial construction".
Following is a verbatim transcript of the subject discussion.
Page 2
The Planning Director stated: "...The Town Manager, myself and
the Mayor drove to all of the lots that were the subject of the
issuance of those permits and it is my opinion that they all
substantially commenced construction by the April 26 deadline; in
some instances grading was accomplished, in some instances there
was footings that were drilled, reinforcement and concrete that
was poured and in each of the instances in Staff's opinion that
had substantially commenced construction as required.
Councilmember Mayberry: What do you consider substantial
construction?
Planning Director: In the instance that I quoted what was
accomplished in grading or construction of pouring of concrete,
or drilling of piers, I would consider to be substantially
commencing construction.
Councilmember Mayberry: If they hadn't poured concrete and
started a foundation, would you consider construction as started?
Planning Director: Yes, it could be considered construction
starting even if foundations were not poured or formed.
Councilmember Mayberry: Is that your interpretation Mr.
Ragghianti?
Town Attorney: Well it's my interpretation of what Measure C
requires, yes. Measure C says construction substantially
commenced; it doesn't say substantial construction, or completed
construction. I think, more importantly as I reflect on the
guidelines that this Council would impose in the determination of
permits, construction was commenced prior to April 26. Those two
things together would lead me to conclude that if any of the
individuals who have been issued a building permits had commenced
construction under Measure C they should be entitled to continue.
Councilmember Mayberry: Do you consider grading commencing
construction?
Town Attorney: I don't think it makes any difference what I
consider. I think what's important is that the Council indicated
that construction had commenced. I think that grading, if it's
grading on a home site certainly presumes it has something to do
with construction.
Councilmember Mayberry: This was not my understanding. I
thought on the 21st we considered the pouring of a foundation
could be construed as substantial construction or construction
substantally begun and I personally think anything less would be
questionable.
Town Attorney: I think with the doctrine of invested
rights in California you would have a very good argument. I
think the case is quite clear that the definition of substantial
construction is to be determined on a case by case examination.
In this case I think there's a real difficulty in the language
that's contained in the Initiative Ordinance. It doesn't read as
a doctrine of California vested rights reads; it reads
differently. But more importantly if the Council didn't say
anything at all about foundations or substantial construction, it
said that construction pursuant to the permit must be commenced
prior to April 26, 1986; failure to commence construction would
result in automatic suspension of the permit. That's what my
notes state.
Councilmember Mayberry: So we are still talking about commencing
construction. I'm just questioning whether grading constitutes
commencing construction and from pictures that my husband took
Saturday morning, it's clear that very few foundations were
actually poured. I would like to raise that as an issue.
Mayor: What would you like to do with it Fran?
Councilmember Mayberry: I think we should determine what
substantial construction is and whether or not each of these lots
have substantially begun construction.
Mayor: Are you asking the Town Council to make an interpretation
about what is or is not substantially commenced construction?
Councilmember Mayberry: Yes I am
Mayor: Okay, then put that in the form of a motion.
Councilmember Mayberry: I will move that:
MOTION:
That the Town Council make a determination of what
constitutes construction substantially begun within the
wording of Measure C, Section 3D and pursuant to that
interpretation which of these 13 lots if any have
complied with that requirement.
Councilmember Shaw: Before it goes any further can I ask, how
would be do this?
Mayor: We can't discuss it before we second it.
Councilmember Shaw: I can't second it unless I know how we're
going to go about doing it.
Motion dies for lack of a second.
Councilmember Shaw suggested we discuss what we mean by how we
would pursue and define substantial construction amongst
ourselves in a public hearing.
MOTION:
Moved:
We define what and how we would come up with an answer
as to what substantial construction means
Shaw
Councilmember Mayberry: I think you are saying substantially the
same I am. I want a determination made by this Council as to
what constitutes construction substantially begun within the
meaning of Measure C, 3(d).
Councilmember Shaw: Is that a question of fact or a question of
law.
Mayor: We have a motion, do I hear a second.
Councilmember Mayberry: I'll second it just to get it discussed.
Mayor: Is there any discussion.
Councilmember Shaw: There are two things I would have to refer
back to and one would be the disclaimer that was attached to the
issuance of the building permits; if you could help me out there
as to what it says in regards to what had to be done.
Town Attorney: Are you talking about the waiver form? The
waiver form indicates that there was an election on April 8 and
that Measure C was approved by the voters. I believe it
indicates that Measure C becomes effective on April 26, 1986. It
then goes on to recite that it may well be that third parties may
litigate the of the Council to issue building permits, if
~ building permits are to be issued, and require that anyone
receiving a building permit under urgency ordinance No. 312
acknowledge in writing that they have been so advised, so that it
wouldn't come as a surprise to them and they would not be able to
assert a court action that they received a permit from the Town
of Tiburon that constitutes some sort of warranty or
representation that they could proceed to complete the building
under construction.
Councilman Shaw: The bottom of your second paragraph, I'll
quote: "Construction pursuant to a specific building permit
where the building permit was granted and construction
substantially commenced before the effective date of Measure C.
Would that be what...
Town Attorney: I think that quotes, if I'm not mistaken,
Councilmember Mayberry: Three d
Councilmemeber Shaw: That is section (d) of C. So, I guess the
question is to define what construction is and how we go about
it.
Mayor: Let me see if I can rephase the issue because I think
that there is an issue that has to be addressed. At least
thought about. Mr. Hanna, as Planning Director, has said in his
opinion that construction had commenced. Mr. Ragghianti, as the
Town Attorney has said, that in his opinion construction had
commenced. Now, what Mrs. Mayberry is asking, is that the Town
Council make a different determination. That's the question.
Should this Town Council make a different determination than the
Staff has made. I think that's what your motion's about.
Councilmember Mayberry: I'm not satisfied with interpreting
grading as construction, as substantial construction.
Mayor: I understand that. So what you're asking is the Town
Council to make a different determination.
Councilmember Mayberry: Than grading, yes.
Mayor: That's fine. That's what the motion's about and that's
what it has been seconded as. Any other discussion.
Councilmember Wilson: I don't want to insert my opinion........
MINUTES
TOWN COUNCIL
CALL TO ORDER
Mayor Duke called the adjourned meeting of the Town Council of
the Town of Tiburon to order at 8:00 P.M., Monday, April 21,
1986, in the Hilarita Community Room, Tiburon, California.
A. BOLL CALL
PRESENT:
COUNCILMEMBERS:
Mayberry, Wilson, Coxhead, Shaw
Duke
ABSENT:
COUNCILMEMBERS:
None
EX-DFFICIO:
Town Manager Kleinert, Town
Attorney Ragghianti, Deputy
Town Attorney Conn, Planning
Director Hanna, Deputy Town
Engineer Strandgaard, Supt. of
Public Works Brunini, Chief of
Police Bailey, Minute Clerk
Stultz
c. PUBLIC QUESTIONS AND OOMMENTS
Polly Smith, 10 Barner Lane, questioned which lots in the Cibrian
subdivision are encumbered until the installation of the water
tank. She noted 7 of the 11 lots have been sold and the owner is
of the opinion that none of the lots are encumbered. Council
directed the Town Attorney to come back with his determination
regarding this matter at the next Town Council.
D. PUBLIC BEARINGS &: BUSINESS ITEMS
1. URGENCY MORATORIUM ORDINANCE (Building Permit Allocation)
Mayor Duke stated the item for discussion this evening is a
provisional policy statement regarding the allocation of building
permits under the present urgency moratorium ordinance No. 312
N.S. Mayor Duke then reviewed the Council's proposed policy
statement of qualifications for the issuance of building permits
as follows:"
1. Building permits will be issued only to owners who have
completed design review and who have had all plan checks
completed prior to the issuance of a permit.
TOWN COUNCIL MINUTES #728
APRIL 21, 1986
PAGE 1
2. Construction pursuant to permit must be commenced prior to
April 26, 1986. Failure to commence construction prior to
April 26 will result in automatic suspension and revocation
of the building permit.
3. Each individual receiving a permit will be asked to sign a
document of notice.
Mayor Duke read a section from the Notice as follows "Measure C
thus requires the suspension of the building permit being issued
to you herewith unless prior to April 26, 1986, you meet the
requirements of Section 3D of Measure C". Mayor Duke then read a
portion of Section 3D of Measure C as follows "construction
pursuant to a specific building permit where the building permit
was granted and construction substantially commenced before the
effective date of this ordinance." He noted the Notice goes on
and states "the Town cannot assure you that the issuance of your
building permit may not be challenged in a legal proceeding
brought by third parties. In view of the above considerations,
construction pursuant to your building permit is undertaken at
your own risk".
Mayor Duke noted there has been concern expressed over this
meeting as it relates to noticing. He asked the Town Manager to
review the Town's noticing requirements. Manager Kleinert stated
that the Town is not required to notice regular Council
meetings. Only when meeting dates are changed is the Town
required to provide certain types of noticing. He stated an
adjourned Council meeting requires posting a notice 24 hours
after adjournment to the meeting. He noted many land use
decisions require 10 days advance notice of what action is to be
considered. He stated the Town also sends out post cards to
property owners within 300 feet of an area effected. Kleinert
noted that government code states any failure to receive notice
shall not constitute grounds to invalidate the action of the
Council. He noted the Town, for this meeting, notified the
Independent Journal after last friday's meeting requesting a
meeting notice be placed in Saturday's and Monday's issues,
posted formal legal notices at Town Hall, the Library, the
Boardwalk Shopping Center and Cove Shopping Center. Staff also
notified by phone the 15 Homeowner Associations, all applicants
for building permits, and 23 property owners or residents located
adjacent to the applications.
Mr. Eric Schmidt, Silverado Drive, presented Council with a
letter which pertained to the noticing of the April 18, 1986 and
tonight's meeting. Mr. Schmidt is of the opinion that the
noticing is not sufficient under Government Code Section 45952.3
and therefore any action taken is invalid.
Mayor Duke requested the Planning Director to to review the
individual lots that fall within the parameters of the Council's
policy statement and after each description public comment is
welcome.
TOWN COUNCIL MINUTES #728
APRIL 21, 1986
PAGE 2
Director Hanna reviewed the following lots that would be eligible
for building permits under the Council's proposed policy:
1. Cassidy Residence, Lot 5 Hexan Subdivision. Received Design
Review approval on March 20, 1986; plans submitted for
checking and building permit could be issued tomorrow;
satisfies traffic screens.
Mr. Eric Schmidt stated that in his opinion the Town's urgency
ordinance in place now banned the processing of all applications
as of October 9, 1985 and any processing of applications is in
direct defiance of the law.
2. Davood Investments, Lot 8 Cibrian Subdivision. Received
design review approval March 6, 1986; plans have been checked
but there are some discrepancies that need to be resolved;
when resolved the lot meets the traffic screens and could
proceed.
Mr. Doug Hartley, 5059 Paradise Drive, stated at the last Design
Review meeting this home was approved subject to the submittal of
an appropriate landscape plan. Director Hanna stated the
landscape plan is a staff approval matter and therefore requires
no additional public hearings.
3. Soule lot, Moitoza lane; received Design Review approval on
June 20, 1985; plans have been submitted and checked; passes
the traffic screens and could be issued a permit tomorrow.
No comments from the public.
4. Graven residence, 4895 Paradise Drive; received Design Review
approval February 20, 1986; plans are submitted and being
checked; not subject to traffic screens; permit could be
issued tomorrow.
No comments from the public.
5. Goldberg lot 8 Tiburon Shores, received Design Review
approval on March 6, 1986; plans have been submitted and are
being checked; satisfies the traffic screens; permit could be
issued tomorrow
No comments from the public.
6. Goldberg lot 6 Tiburon Shores, received design review
approval in August 1985; plans have been checked; satisfies
traffic screens; permit could be issued tomorrow.
No comments from the public.
TOWN COUNCIL MINUTES #728
APRIL 21, 1986
PAGE 3
7. Droshin residence, 51 Via Los Altos, received Design Review
approval December 19, 1985, plans are being checked; exempt
from traffic screens; permit could be issued when plan
checking completed.
No comments from the public.
8. Malott residence, 897 Tiburon Blvd, received Design Review
approval over 1 year ago, plans submitted and are being
checked, exempt from urgency ordinance and traffic screens;
permit could be issued after plan checking.
No comments from the public.
9. Perini Land Company lots I, 5, 7, 9 10. Lots 9 and 10
received Design Review Approval on March 20, 1986, satisfy
the traffic screens, have been plan checked, could be issued
permits tomorrow.
Mr. Rod McLeod stated all the lots in the Perini subdivision
still have to go before the Planning Commission to get a
determination regarding Condition 12 of the Precise Plan
Resolution No. 2339, which states that no improvements of any
type shall be outside the approved primary or secondary building
envelopes.
Director Hanna stated he did not believe it was the intent of the
Council to deny access to the property. He noted it would be
impossible to get from the roadway to the front building envelope
if condition 12 of the precise plan approval was interpeted to
mean absolutely no improvements.
Councilman Wilson concurred, stating it would be unreasonable to
deny access to the buildings.
Martha McCart, representative for Perini Land Company, stated
that though the applicant drew the building envelopes they never
intended that there would be no access to the buildings. She
noted that if the building envelopes were to the street then the
home and or the garages could be built at the street line. She
stated Perini Land Company would do the minimum necessary to
provide access to the homes.
Councilmember Mayberry stated she felt the issue has not been
resolved and should be referred to the Planning Commission for
their input, and recommendations.
Director Hanna noted the Design Review Board approved the homes
but questioned whether improvements such as retaining walls for
driveways could be used under condition 12 of the precise plan.
He stated in his opinion that retaining walls for access to the
homes would be acceptable under condition 12, though construction
on the front portion of the sideyard setbacks would not be
acceptable and would have to go before the Planning Commission
TOWN COUNCIL MINUTES #728
APRIL 21, 1986
PAGE 4
and Town Council.
Deputy Town Attorney Conn stated that the law would imply that
when the town approved the building envelope there is an
implication that the Town also approved a driveway to the home;
the Town cannot deny Perini access.
Director Hanna stated for the record that the only improvements
allowed in the portion of the front yard set back excluding that
portion of land by extending the sideyard setback forward would
be for access to the home, you could not build a patio, a hot
tub, etc. in this front yard area.
Director Hanna then reviewed Perini Lot #7 noting this lot
received Design Review approval on April 17, 1986, plans have
been submitted and there are some clarifications needed by the
Building Offical then the permit would be available for
issuance. He noted the lot may require retaining walls for
access to the home.
Perini Lot No. 1 was approved by the Design Review board on March
20, 1986, plans have been submitted and are in the process of
being checked. He also noted some clarification is needed with
respect the the soil conditions of the nearby tunnel. After the
information is received a building permit could be issued.
Mr. Rod McLeod spoke in opposition of changing any wording in the
Perini Precise Plan resolution without having public hearings
before the Planning Commission and Town Council. He stated his
opinion that Perini is asking for a variance from the approved
plan. He then read Section 4, page 2 of the urgency ordinance
relating to not processing, approving or granting any subdivision
or land use permits while the ordinance is in effect. He is
opposed to Perini being granted any building permits because he
feels Perini took a gamble on installing improvements on its
property before the outcome of the election was known. He also
opposes the issuance of any permits under section 6 of the
urgency ordinance which states, in part, "Development
projects/land use applications which have recorded final maps and
completely installed subdivision improvement sufficient to
qualify for issuance of certification of completion. In his
opinion the subdivision improvements are not complete. He asked
for the definition of what, in this instance, "complete" means.
He stated it is his understanding that Stan Bala, Town Engineer,
has issued a notice of completion for the subdivision
improvements.
Mayor Duke questioned the Town Attorney if the Council has the
authority to issue permits under any other section of the urgency
ordinance other than Section 4. Town Attorney Conn reponded that
Sections 5 and 6 of the ordinance are the authority to issue
building permits. He stated section 5 and 6 are more specific
conditions than condition 4 and if there was any conflict
sections 5 and 6 would prevail over section 4.
TOWN COUNCIL MINUTES #728
APRIL 21, 1986
PAGE 5
Mayor Duke then questioned staff as to what "sufficient" means to
qualify for an issuance of a notice of completion?
Director Hanna stated that the Town Engineer is of the opionion
that the construction is sufficient to qualify for the lssuance
of a notice of completion. Hanna stated that he is not aware
that the Town Engineer has issued such a certificate.
Mayor Duke stated it is the Planning Director's position that the
Town Engineers opinion is that the Perini subdivision qualifies
under section 6 of the urgency ordinance.
Mr. McLeod stated he does not feel Perini should be asking for
permits since a notice of completion has not been issued. He
then noted that lot 1 needs a final report on the condition of
the tunnel. Director Hanna stated that a report was filed with
the final map that reported on the condition of the tunnel.
Mayor Duke questioned Staff which lots of the Perini project
require a variance in the front yard building envelope for a side
yard driveway. Director Hanna noted that lots I and 7 do not
propose construction outside the front yard envelope, but they
require retaining walls for the driveway. Only lot 5 proposes
construction outside the envelope.
Mayor Duke recommended that Council interpret the wording of
condition 12 of the Perini precise plan resolution.
Mr. Bruce Ross, architect for Perini Land Co., stated that the
developer is not asking for anything extra, just access to the
homes. He noted that this interpretation problem arose at the
Design Review Stage. He noted the Design Review Board approved
the home on lot 5 and the driveway but they referred it back to
Council to determine if the driveway improvements could be built
outside the front yard envelope. He stated if the Council does
not want improvements in that area he will modify the driveway to
fall within the area of improvements. Director Hanna stated that
if the driveway was modified and that changed the design or
height of the home it would require going before the Design
Review Board.
Mr. Donald Mann stated he purchased a lot on Motoiza lane and he
was told he could not build because of the urgency ordinance so
he never submitted plans for design review. He stated he would
like to be considered for a building permit.
Mary Terrell stated there are 14 other homes under construction
that were issued building permits after the adoption of the
urgency ordinance, and questioned why they were given permits.
Director Hanna stated those 14 permits were exempt from the
urgency ordinance.
TOWN COUNCIL MINUTES #728
APRIL 21, 1986
PAGE 6
Ms. Margaret Kelly stated the Perini development will have a
significant impact on the Tiburon community and the non-
completion of the subdivision improvements is a legitimate reason
to deny them any building permits.
Mr. Randy Verrue, Executive VP Perini Land Co., noted to date
they have spent $3 million in the Community and they intend to
pursue their development.
Mr. Rufus Thayer, 158 Blackfield Drive, stated the Council has
the legal discretion not to act on this matter prior to Measure
"C" becoming effective. He also noted that anyone who was issued
a building permit prior to September 4, 1985 and has not
completed substantial construction will have their permit revoked
until Measure "C" has run its course.
Mr. John Colette, attorney for Perini Land Company, stated that
he Town has both an equitable and legal duty to process the
applications before it this evening. The Town is operating under
the law that is now in effect, that Measure C does not become
effective until April 26, 1986, that all applications submitted
have been submitted in accordance with the current law; the
Planning Department has said that all the applications are in
order and can be issued permits and that the Town Attorney
concurrs they can be issued. He noted this is a legal matter not
a discretionary matter.
Mr. Jim Malott noted that if the permits were issued it would
represent less than .3 of 1% of all the housing in the Town.
Mayor Duke closed the public hearing.
Councilmember Mayberry expressed concern over the pressure being
applied on the Council to issue permits under the urgency
moratorium ordinance. She stated she feels there are very few
applications that could qualify under Section 4 of the urgency
ordinance, and furthermore there is no allocation system
established to date in which to issue permits. She stated her
opinion that the one traffic study to date is inadequate to
determine the traffic screen process that many of the
applications before the Council tonight must pass in order to
obtain a permit. She feels the issue of a recommended allocation
system lies with the Planning Comission. She stated she feels
the Council has a mandate from the voters of Tiburon not to issue
any permits that would fly in the face of Measure "C". Once a
builder staLts construction he has vested rights and nothing can
be done to delay that construction - not even the moratorium.
Councilman Wilson stated he is 100% in favor of reducing the
Town's legal liability and losses that could arise from not
issuing the discussed building permits. He stated he believes
the Town has legal authority to issue these permits. He feels
the allocation system is a first come first served system that
falls within the conditions of the urgency ordinance. He feels
TOWN COUNCIL MINUTES 1728
APRIL 21, 1986
PAGE 7
there is no question that the traffic generated be these
buildings would not be a problem. He noted the Perini units
would be entering Tiburon Blvd. from Reed Ranch Road the 4 lane
portion of the road. He urged the Council to allow the subject
permits to be issued.
Councilman Coxhead questioned the Town Attorney regarding Mr.
Schmidt's comments that this meeting and last Friday's meeting
were not properly noticed and therefore no action could be taken
by the Council. Deputy Attorney Conn stated he is satisfied that
the Town has given legal notice and the Council is properly
proceeding.
Councilman Coxhead noted the Council must uphold the laws of the
Town, State and United States; that the voters did mandate the
adoption of Measure "C" and that he will make sure Measure "C" is
enforced. He noted that Measure "C" is not in effect at the
present time and his interpretation of the urgency ordinance
requires the issuance of these 12 permits.
Councilman Shaw reviewed comments from the Pivo & Associates
report of March 1986 which states that the land use element of
the Town's General Plan does not meet many requirements of the
State law, he feels that the job before the Council is to get the
General Plan revised first before any further building takes
place, and therefore, recommended the denial of the subject
permits.
Mayor Duke stated that the issue before the Council is whether it
is in the best interest of the Town to issue the 12 building
permits or to forbid the issuance and deal with the consequences
of not allowing the building. He stated he has no doubt that it
is in the Town's best interest to allow the issuance of the 12
permits.
MOTION: under Tiburon interim ordinance No. 312 N.S. Staff be
authorized to issue building permits pursuant to Section
7 paragraph 2. Any permits issued under Section 7 must
comply with traffic screens as setforth in Section 5.
Building permits be issued only to owners who have
completed design review and have had all plan checks
completed prior to the issuance of the permit.
Construction pursuant to the permit must be commenced
prior to April 26, 1986. Failure to commence
construction prior to April 26, 1986 will result in
automatic suspension and revocation of building
permit. No permit will be issued without prior signed
acknowledgement of the property owner in a form approved
by the Town Attorney.
Moved: Wilson, Seconded by Coxhead
Councilmember Mayberry stated she still believes the Council is
proceeding under an ordinance that should be held in obeyance
TOWN COUNCIL MINUTES #728
APRIL 21, 1986
PAGE 8
becuase of the passage of Measure "C" and because there is no
allocation system and the Town does not have sufficient traffic
surveys.
VOTE
AYES: Wilson, Coxhead, Duke
NOES: Mayberry, Shaw
Council clarified that the above motion covered the following
properties: Cassidy, Davood Investments, Soule, Graven, Goldberg
(2), Perini lots 1, 7, 9, 10, Droshin and Malott.
Mr. Collette urged the Council to include Perini Lot 5 in the
motion. Mayor Duke stated at the present time lot 5 does not
qualify, but if in the future the driveway could be constructed
as not to encroach into the front yard envelope it will be issued
a building permit.
Council then moved to clarify condition 12 of the Perini precise
plan resolution.
Director Hanna noted that at a previous meeting the Town Council
made a motion that the Town Council declared condition 12 of
Resolution 2339 be clarified. Director Hanna reviewed his
recommendation for clarification of of condition 12 as follows:
in order to allow access to the properties off Indian Rock Road
the improvements consisting of retaining walls and associated
grading necessary for access to the property and for parking and
turn-around areas shall be permitted between the front propety
line and the front building envelope excluding the areas that
would be included by extending the side building envelope line to
the front property line. All retaining walls and other
structures necessary for driveways and parking shall be approved
by the Board of Adjustments and Review and will only be allowed,
if in the opinion of the Board the structures are necessary to
achieve a reduction in the adverse impacts on adjoining
residences and open space and ensure maximum compatability with
exising structures. Utilities, drainage facilities or other
improvements which are located entirely below ground will be
permitted in any portion of the lot without regard to the
building envelope lines.
Council requested the Town Attorney to provide language to
clarify the area of the front yard that may not be constructed
upon. Deputy Attorney Conn recommended using the following
language: by extending the side line of the building envelope
forward and'excluding the area between that and the side property
line.
Mr. Bruce Ross stated that the proposed clarification is quite
restrictive. Councilmember Coxhead stated the Council is
clarifying the precise plan and it does not preclude the
developer from going through the proper channels to obtain a
building envelope amendment.
TOWN COUNCIL MINUTES #728
APRIL 21, 1986
PAGE 9
After discussion regarding Lot 5 of the Perini project Deputy
Attorney Conn stated that if the applicant can provide a driveway
within the building envelope as clarified that does not in any
way change the design of the home it could be issued a building
permit. Mr. Ross stated he is going to provide a drive within
the building envelope that will not change the design of the
home.
Councilman Coxhead stated he was under the impression that lot 5
had not received design review approval, but seeing as it did he
felt it should be included to receive a building permit. He
stated first it should be verified that the Board of Adjustement
did take action on that design.
Mayor Duke also requested that before any building permits are
issued for the Perini property that there be a written statement
issued by the Town Engineer stating that in his opinion the
improvements are sufficient to qualify for a certificate of
completion.
MOTION: to approve the suggested wording to change clause 12
of the precise plan conditions to allow access from the
front property line area created by an extension of the
building envelope side lines out to the street
Moved: Wilson, Seconded by Coxhead
VOTE: AYES: Wilson, Coxhead, Shaw, Duke
NOES: Mayberry
Mayor Duke noted that if lot 5 falls within the approved language
by implication lot 5 has design review approval and could proceed
to obtain a building permit. Director Hanna noted he will
confirm there was Board action on the lot.
B. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS
There were none.
I. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Duke adjourned the meeting at 11:40 P. ., to
Wedensday, April 30, 1986. ~
f'~"'"<'~"'-' {..' ../
'- LAW~NCE. DUKE, MAYOR
Tow1 of iburon
ATTEST:
TOWN COUNCIL MINUTES #728
APRIL 21, 1986
PAGE 10
MINUTES
ADJOURNED
TOWN COUNCIL
CALL TO ORDER
Mayor Duke called the adjourned meeting of the Town Council of
the Town of Tiburon to order at 3:05 P.M., Friday, April 18,
1986, in the Hilarita Community Room, Tiburon, California.
A. ROLL CALL
PRESENT:
COUNCILMEMBERS:
Mayberry, Wilson, Shaw, Duke
ABSENT:
COUNCILMEMBERS:
Coxhead
EX-OFFICIO:
Town Manager Kleinert, Town
Attorney Ragghianti, Planning
Director Hanna, Supt. of Public
Works Brunini, Chief of Police
Bailey, Assistant Town Clerk
Hennessy
B. PUBLIC BEARINGS & BUSINESS ITEMS
1. BUILDING PERMIT ALLOCATION SYSTEM POLICY
Mayor Duke stated the purpose of the meeting is to discuss a
proposal for allocation of building permits under the Urgency
Moratorium Ordinance No. 312 N.S. Council had met with the Town
Attorney and a proposal had been developed which would allow the
issuance of building permits if the following criteria were
met: (1) permits to comply with traffic screens set forth in
Section 5, (2) permits issued only to owners who have completed
design review and all plan checks completed prior to issuance of
permit, (3) construction must be commenced by April 26, 1986,
failure to commence construction prior to April 26 will result in
automatic suspension of building permit, (4) applicant to sign a
statement acknowledging receipt of a notice stating the Town
cannot assure them that the issuance of a building permit may not
be challenged in a legal proceeding brought by third parties,
construction pursuant to a building permit is undertaken at their
own risk.
The Mayor opened the public hearing.
James Malott questioned the Statement that the Town would require
the applicant to sign. The Town Attorney responded that the Town
wanted persons who take out building permits to know that the
Town makes no representation to them that they can proceed
without a law suit happening. In response to Mr. Malott, the
Town Attorney stated no building permits would be issued unless
the Statement was signed.
TOWN COUNCIL MINUTES #727
April 18, 1986
Page 1
Eric Schmidt stated it was the duty of the Town to establish a
position that it will stand on and invite a law suit and get
judicial rulings on Measure C; this Measure will be interpreted
in conjunction with and in context with other decisions.
Martha McCart, representing Perini Land & Development Company,
asked how many permits have Design Review approval and are in the
plan checking process; she expressed concern that the plans
wouldn't be checked in time since the Building Official had
resigned. The Mayor stated no one would be cut off or excluded
from the process. The Town Manager stated the plans would be
checked.
Mr. Davood stated he felt the Staff was told to slow down
processing of permits.
In response to Jack Gaines, the Mayor stated he had not yet
received Planning Commission approval for a second unit.
Bill Kuhns, Spring Lane development, stated they had plans
pending before Design Review Board but had not proceeded because
it was their understanding the moratorium would be retroactive to
September 4, 1985. He asked if a client could submit plans now
so that all approvals will be finished at the expiration of the
moratorium. The Planning Director stated there would be no
processing of applications after April 26.
In response to an attorney, the Mayor stated the Town would allow
construction where building permits were issued between September
4, 1985 and April 26, 1986.
Bruce Ross, architect for Lots 5 and 7 of the Perini subdivision,
asserted that he didn't think it was a correct interpretation
that Lot 7 should be denied a building permit while the Council
awaited a decision from the Planning Commission regarding use of
the sideyard setback for the driveway, he would be happy to move
the retaining wall and the landscaping plan was not required
until occupancy; didn't think Council could hold up construction
of the house itself. He asked the Planning Director to
reconsider his interpretation. The Planning Director stated if
the Design Review Board approved plans without an encroachment on
the side yard set back then the application could move forward.
Mr. Ross stated the retaining walls would be part of the
landscaping plan. Mr. Hanna stated he would look at the
application again.
Jeanne Ortalda, 14 Paseo Mirasol, read a statement which objected
to the Council's issuing any building permits.
Rufus Soule asked the proponents of Measure C to allow the few
building permits being considered to be built.
Don Batten stated Measure C was passed by a majority of the
voters and not just the proponents.
TOWN COUNCIL MINUTES i727
April 18, 1986
Page 2
Jeanne Ortaldo enumerated several sections from Ordinance No. 312
N.S. which she felt precluded the issuance of building permits.
The Planning Director stated the 12 building permits being
considered would be included in the 38 unit limitation of the
urgency moratorium ordinance and he read the list of
applicants. The Mayor stated the lots had been subjected to the
traffic screens and are eligible to receive building permits, and
the traffic screens were based on the studies performed by Mr.
Pivo and the traffic consultants.
Rufus Thayer, 158 Blackfield Drive, protested the hearing due to
inadequate noticing; stated the public was being denied the kind
of process and rights they are entitled to; stated Measure C
provides for the Measure to go into effect on September 4, 1985
and that date was represented to the voters as the effective
date; he believed the Measure became effective on the date it was
passed by the voters rather than what the Election Code states;
he cited other legal cases to support his point; he stated the
Council has the mandate of the people to support Measure C and if
they didn't he submitted they were acting arbitrarily and are
subject to attack because the Council didn't have an allocation
system in effect; the last Town Council was dilatory; allocation
formulas take a great deal of study; as a new Council they have a
greater obligation not to act percipitiously; he cited Simac
Design, Inc. case.
The Mayor responded that the Council had met with legal counsel
and it was a group decision to call the meeting; Town Staff
called as many people as they could; the goal of the Town Council
is to fulfill legal obligations and protect the Town.
The Town Attorney and Mr. Thayer discussed the Simac case and
their opposing views regarding the effective date of Measure C.
Michelle Sharley, owner of a lot at 24 Venado Drive, was advised
they could not build for two years.
Rod McLeod stated the Perini subdivision improvements were not
completed and Council had not provided clarificatin of Condition
12 of the Precise Plan resolution; didn't think the meeting was
adequately noticed.
The Planning Director responded it was his understanding the
Council thought it reasonable to accept access to the Perini
property as. long as it didn't encroach on the side yard of the
building envelope; he would reevaluate Lot 7.
Karen Nygren, cited Section 6 of Ordinance No. 312 N.S., and
didn't think the Council could issue permits; thought Measure C
was retroactive to September 4, 1985.
TOWN COUNCIL MINUTES #727
April 18, 1986
Page 3
The Planning Director stated the Town Engineer was satisfied that
the subdivision improvements were installed and/or guaranteed to
a sufficient degree to qualify for the issuance of a certificate
of completion.
In response to Don Agins, owner of three lots on top of Gilmartin
Drive, the Town Attorney stated the ordinance is in effect until
April 25, 1988 and there is a provision that it can be extended.
Dan Weiss stated the Council has suspended his property rights
and asked the Council to suspend his taxes; stated it was
unbelievable to him that people who have their rights and enjoy
their land can so righteously take another person's rights away.
In response to Mr. Nana, the Mayor stated the Town Staff will
make sure all plans are checked.
Bill Goldberg suggested people put issues behind them and get on
with facing new issues.
Eric Schmidt objected to inadequate noticing of the meeting.
Don Batten stated the moratorium was a pause and was intended to
help the Council; two years is not too long.
Michael Cassidy felt the moratorium was a personal vendetta
against Perini and Vista Tiburon; this meeting was important
because time is of the essence; law suits would be filed against
individuals.
The Mayor closed the public hearing.
Councilman Wilson stated it was an issue of vested rights; when
the Council balances off the vested rights and takes a look at
pending law suits it seems the only course of action is to reduce
the Town's exposure and cut the losses as much as possible; the
Council had been properly notified by the Town Attorney of the
potential law suits, and he would vote to issue permits within
the guidelines outlined by the Mayor.
Councilmember Mayberry stated she was concerned about the
adequacy of the notice given to this meeting; also concerned they
might be offering something to the people that might be taken
away by Measure C if it is found to be retroactive to September
1985; had a serious problem of endorsing this action.
Councilmember Shaw suggested they notice another public hearing
and each person who is called, notify four more persons; there
were issues raised at this meeting he would like to think about.
The Town Manager stated he strongly implored the Council to
ratify the recommendations of the Staff.
TOWN COUNCIL MINUTES i727
April 18, 1986
Page 4
The Mayor reiterated the building permit allocation system
proposal.
The Mayor directed Town Staff to publish a notice in the
Independent Journal and renotify everyone of a meeting on Monday,
April 21, 1986 at 8 P.M.
C. EXECUTIVE SESSION
The Town Council of the Town of Tiburon adjourned the meeting at
5:00 P.M., to Executive Session.
D. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Duke adjourned the meeting to Monday, April 21,
1986 at 8:00 P.M. to continue discussion of the building permit
allocation system.
/'
\.. "/
~.__..~_.,-
./"
LAWRENC~ ~/DUKE,
Town of'-Tiburon
ATTEST:
TOWN COUNCIL MINUTES #727
April 18, 1986
Page 5