HomeMy WebLinkAboutTC Min 1986 (January thru April)
MINUTES
TOWN COUNCIL
CALL TO ORDER
Mayor Duke called the regular meeting of the Town Council of the
Town of Tiburon to order at 7:35 P.M., Wednesday, April 16, 1986,
in the Hilarita Community Room, Tiburon, California.
A. ROLL CALL
PRESENT:
COUNCILMEMBERS: Coxhead, Mayberry, Shaw, Wilson
Duke
ABSENT:
COUNCILMEMBERS: None
EX OFFICIO: Town Manager Kleinert, Town Attorney
Ragghianti, Planning Director Hanna,
Town Engineer Bala, Chief of Police
Bailey, Superintendent of Public
Works Brunini, Finance Director
Nadritch, Assistant Town Clerk
Hennessy
B. APPOINTMENTS TO OOMMISSIONS, BOARDS, COMMITTEES
There were none. Mayor Duke asked Staff to develop descriptions
of the responsibilities of the various Commissions and Boards and
distribute this information to the newspapers to solicit new
candidates.
D. OOMMISSION AND OOMMITTEE ORAL REPORTS
There were none.
E. PUBLIC QUESTIONS AND COMMENTS
Mogens Bach, resident and business owner, asked Council for an
interpretation of Measure C regarding the extent of remodeling
existing houses; could one tear down an existing residence and
rebuild it trom scratch? The Town Attorney stated his question
required a policy de~ermination of the Town Council to be stated
if and when an application is submitted to the Town. Mr. Bach
asked the Council to make a determination as quickly as possible.
Howard Leistner, 130 Taylor Road, asked if the Town was pursuing
the installation of a water tank as reqired as part of the
Cibrian contract and also what exactly does the Town have in
terms of liens on this property. The Town Attorney responded he
would provide Mr. Leistner with copies of the necessary
documents.
TOWN COUNCIL MINUTES #726
April 16, 1986
Page 1
Mr. Rankin, representing Main Street Properties on behalf of Mary
Gnomes, 80 Main Street, Singapore Restaurant, stated his client
had applied for a building permit for an exhaust fan to comply
with health codes and was told by the Planning Department the new
restaurant constituted a change of use and not an expansion of an
existing use. The Planning Director stated a permit could be
issued to remodel or place an exhaust hood in the kitchen
facilities, however, existing limits of approval for the previous
business must be conformed to i.e., number of seats, parking
spaces, etc. If the use remains the same, the applicant may
proceed.
Rick Buell, Stewart Drive, suggested a committee of lawyers be
appointed by the Council to deal with interpretation of Measure
C.
James Malott, Greenwood Beach Road, stated 14 homes, one of which
was his, had been given Design Review approval and had submitted
working drawings. He asked for clarification of the effects of
Measure C. Mr. Malott stated if he were not able to build, it
would be a major economic disaster and he would take appropriate
action.
Eric Drosihn requested Council move to continue processing of
single family building permit applications that were submitted
before the election. Mayor Duke stated the Town did not have an
allocation system.
The Town Attorney stated he had spoken to Mr. Drosihn and advised
him to appear before the Council and state his question. Mr.
Ragghianti stated he thought every property owner has stated
facts that could constitute litigation; the new Council has not
had an opportunity to meet with him to discuss Measure C and its
impact on development under way and proposed; has had no
opportunity to discuss the current Urgency Ordinance and Measure
C; the Council would endeavor to make a statement of policy and
interpreation as quickly as possible.
Bill Goldberg requested a building permit under the Urgency
Ordinance; he had paid all his fees; he had done everything
requested of him; received Design Review approval in August 1985;
based on assurances that an allocation system would be put in
place in a timely manner, he submitted construction drawings and
paid fees to the Town; the Building Official had approved these
drawings; there was no impact on traffic and all subdivision
improvements are complete; the allocation system is moot; the
Council had no basis to deny him a building permit; he had a
construction loan and a contractor and asked for a vote tonight,
or for an adjourned Council meeting before April 26.
The Mayor responded Council would consult with the Town Attorney
and call an adjourned meeting if necessary.
TOWN COUNCIL MINUTES #726
April 16, 1986
Page 2
Mr. Nana stated Mr. Drosihn's lot was in the Cibrian subdivision
and covered under Ordinance No. 312 N.S., Section 4, subparagraph
(i), and asked the Council to issue him a building permit.
Michael Cassidy stated several people have construction drawings
at Town Hall; have vested rights in their property; asked if the
Council would stop work on homes which began construction after
September 4, 1985.
The Town Attorney stated it was his oplnlon that Measue C becomes
effective on April 26, 1986 by virtue of Paragraph 5 of Measure
C.
Mr. Cassidy qustioned the Council's concern regarding an
individual's civil rights and civil liberty; asked if it was
unconstitutional that there were no open meetings to discuss
Measure C; he would be faced with a capital gains tax if no
construction begins by June.
The Mayor stated the Council was legally obligated to implement a
measure passed by a majority of the voters; the Council could not
give him an answer this evening.
Lewis Fernandez, One Acela, asked Council to consider those
persons who have started the process, paid fees, received Design
Review approval; he would also be facing capital gains taxes.
Rufus Soule, Moitoza Lane, asked for a building permit policy
decision before April 26. The Mayor and Town Attorney agreed.
F. CONSENT CALENDAR
MOTION:
To adopt the Consent Calendar consisting of the
following item:
1. CLAIM AGAINST THE TOWN (Suzanne Roth - Recommend Denial)
Moved: Coxhead, Seconded by Wilson
Vote: AYES: Unanimous
GENERAL PLAN UPDATE
The Town Manager requested discussion of the General Plan update
be added to the agenda. The Mayor agreed to discuss this item
after Item No.4.
G. PUBLIC HEARINGS & BUSINESS ITEMS
2. PERINI PHASE I DEVELOPMENT (Building Envelope Clarificaton)
The Planning Director reviewed the Staff report. This item had
been continued for further clarification of Condition No. 12 of
Town Council Resolution No. 2339. Strict interpretation would
TOWN COUNCIL MINUTES #726
April 16, 1986
P ag e 3
not allow access to the homes off the lower roadway. Staff
suggested the following wording:
"In order to allow access to the properties off Indian Rock
Road, improvements consisting of retaining walls and
associated grading necessary for access to the property and
for parking or turn around areas shall be permitted between
the front property line and the building envelope extending
the entire width of the front property line. In the area
between the side property line and the building envelope,
improvements shall be permitted to a distance no greater than
25 feet from 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 BAR, the
structures are necessary to achieve a reduction in adverse
impacts on adjoining residences and open space and to ensure
maximum compatability with existing structures. Utilities,
drainage facilities or other improvements which are located
entirely below ground shall be permitted in any portion of
the lot without regard to building envelope lines."
In response to Councilman Coxhead, the Planning Director stated
it was his opinion the clarification to the condition could be
done by Minute Order; that it was never the intent of the Council
to deny access.
In response to Councilman Coxhead, the Planning Director stated
that yes the applicant had designed the building envelopes.
Councilmember Mayberry didn't think the Council should discuss
this item because it would be effected by Measure C.
Councilmember Wilson stated that not to take action would
premeditate the conclusion of the policy statement. Mayor Duke
agreed.
Councilmember Shaw asked Staff why they recommended 25' when the
applicant had requested 50'; asked if the dimension was
negotiable. The Planning Director explained that the retaining
walls would have to be approved by Design Review; that to make
findings in order to allow this encroachment, it must be a
benefit of the project and open space; due to the concern
expressed that a 50' driveway would create a high retaining wall,
Staff recommended 25' as a reasonable radius for a driveway.
Councilmember Shaw suggested Design Review evaluate Staff's
recommendation. The Planning Director stated the Board has acted
and in reviewing five single family homes approved their design
subject to clarification of this issue. Councilmembers Shaw and
Coxhead stated they wanted the Board to make decision.
TOWN COUNCIL MINUTES #726
April 16, 1986
Page 4
Bruce Ross, architect, stated the Council was being asked to
establish criteria that has some basis on how a car works; 25' is
an acceptable dimension as a back out space for a car. Mr. Ross
presented Council with drawings requested at the previous
meeting; drawings illustrated a cross section of Lot 5.
Michael Lyon, Chairman Design Review Board, stated they preferred
applicant get clarification from the Council; he preferred swing
driveways.
The Mayor opened the public hearing.
Rod McLeod, 21 Mercury, stated when looking from down below up to
the project anything put on the sid~yard would create a wall
effect from their view point; the Belveron residents were opposed
to any change; views would also be effected from Tiburon
Boulevard; asked that a full public hearing be conducted if there
were to be any changes.
Discussion ensued regarding height of retaining walls,
landscaping; the fact that the existing condition excludes any
driveways; safety of swing driveways versus straight; the
inability of the developer to develop the property unless the
language of the conditon was clarified.
The Mayor closed the public hearing.
Vice-Mayor Coxhead stated he felt it is a significant oversight
of the Perini Corporation; felt it might require an amendment to
the Precise Plan and Tentative Map; felt it was reasonable for
the developer to have access to his property; felt it was the
applicant's problem; felt everyone should be noticed; thought
there would be contradictions between the Final Map drawings and
Staff's interpretation of Condition 12.
The Planning Director stated public notice has been given of
these meetings; the building envelopes will remain the same; it
was never intended there wouldn't be access, the solutions would
have been to extend the building envelope to the front property
line, however, it was not the intent to have the buildings up
against the property line.
The Town Engineer stated if there has been an error in planning
or interpretation, he thought it should be changed; he preferred
the swing driveways.
Councilman Wilson stated the Council had added the wording of
Condition 12 when they were discussing the effect of lots where
planting of shrubs appears to look like a fence; the Council
didn't want that appearance of fencing on that hillside; no one
at the time thought of the problem in the front; it's improper
language; it should be amended; he trusted the Design Review
Board; not to change the wording does restrict the design options
and the Town will wind up with huge triangular side walls.
TOWN COUNCIL MINUTES #726
April 16, 1986
Page 5
In response to Councilman Shaw, the Town Attorney stated he
didn't believe it was a function of the court; he agreed with
Councilman Wilson's opinion with regard to what happened
originally; it was his opinion that the language could be
clarified.
Councilman Shaw questioned whether the Council should make a
decision that evening; thought the Council might need an
amendment to the Master Plan; suggested postponing the matter.
Mayor Duke stated there were two issues, one access and the other
curving driveways outside the building envelope; if the building
envelope is changed, he thought the matter should return to the
Planning Commission; changing language in a resolution is a
clerical error; didn't think they shoudl change the building
envelopes.
The Planning Director asked the Council if it was their intent
that the front property line extend the entire width of the
property or should it stop at the junction with the side yard
property line.
Mayor Duke thought that was a Planning Commission decision; he
thought swing driveways would look better; he had no objection to
extending the side yard to the front yard setback.
Councilman Wilson stated he thought they were making an
interpretation of the clause in order to give Design Review
freedom to make decisions.
Mr. McLeod stated they were not opposed to access to the house
from the street if it stays within the interior part of the
building envelope.
Vice-Mayor Coxhead stated he thought the Planning Commission
should consider this; Councilman Shaw agreed.
Mayor stated it should be referred to the Planning Commission to
decide whether the building envelopes should be extended.
MOTION: To accept the language proposed by the Staff to
substitute for language in the Precise Plan resolution.
Moved: Wilson
Motion dies for lack of a second.
Vice-Mayor Coxhead suggested this matter be remanded to the
Planning Commission for their advice and recommendation as to
specifically what they feel is appropriate, particularly
regarding number of feet to the front property line.
TOWN COUNCIL MINUTES #726
April 16, 1986
Page 6
MOVED: That the Council remand this to the Planning Commission
for their review, advice and input
Moved: Coxhead, Seconded by Shaw
Vote: AYES: Coxhead, Shaw, Duke
NOES: Wilson
ABSTAIN: Mayberry
In response to Mr. Ross, the Mayor stated the Planning Commission
will consider changes in the building envelopes and if necessary
add secondary building envelopes to provide side yard access to
their property. Mr. Ross stated that's a new issue that neither
the Staff Report nor the public hearings have dealt with; the
applicant was asking for clarification of Condition 12.
3. APPEAL DESIGN REVIEW BOARD DECISION (Denial of Request to
Exceed 30' Height Limit - 820 Stony Hill Road)
The Planning Director reviewed the Staff report. A new
residential construction was inconsistent with approved plans and
in violation of the 30-foot height limit; as-built plans
submitted for the Design Review Board's consideration were not
approved due to problems with design and inability to make
necessary findings required for a variance; three alternative
schemes for modifying the as-built structure were presented to
the Board. Only one of these schemes was within the 30-foot
height limit was not acceptable from a design standpoint. The
Board denied the application due to inability to make required
findings for a variance on the scheme which they deemed more
appropriate, but which would have required a variance.
Michael Lyons, Chairman of the Design Review Board, stated
originally the Board was concerned with the visibility and bulk
of the house as seen from the neighbors; their guidance to the
applicant was to minimize the bulk and height and the Board
approved the design depicted on the drawings.
Frank Mulberg, representing Greenfield Properties, presented
photos of the house 75% completed; stated there was a $450,000
construction loan on property; there would be irreparable damage
to the developer; scheme #1 would cost approximately $50,000 for
remodelling expenses; their variance request for the other scheme
does not exceed 2% of the roof volume of the house.
Mr. Thayer, 'architect, reviewed the three schemes.
Mr. Mulberg stated one of the conditions for granting a variance
was exceptional and extraordinary circumstances which did not
result from an act of the applicant; the topographic map for the
design review plans was approximately 2' in error which added 2-
3' of additional height to the structure; there was a letter from
Don Herzog, soils engineer, who instructed the developer not to
make certain cuts in the land and as a result approximately 3-4'
of additional height was added to the structure. These factors
were outside the developer's control. He cited other variances
TOWN COUNCIL MINUTES #726
April 16, 1986
Page 7
that had been issued for excessive height applications.
Bill von Lockum, former Belvedere Building Inspector, who was
hired by the applicant to ferret out what had occurred and
explained how the 9' excess in height had occurred; the garage
was initially built I' higher to provide drainage; elevations
were established by Dean Rhodes; as the building stepped down, it
was to step down 7'4"; after receiving the soils report, it was
cut down only 4'; the drawings were 2' wrong at the lower level;
the top of the roof at the front was off I'; it was a compounded
set of errors.
Discussion ensued regarding when the building permit was issued;
when construction commenced. The Town Attorney stated it was his
opinion that Measure C became effective April 26.
The Mayor opened the public hearing.
Rod McLeod stated he was at the Design Review Board meeting when
this item was discussed; he visited the site and thought it was a
beautiful house nestled in a group of trees; thought it was an
honest mistake; he supported the Council granting a variance.
The Mayor closed the public hearing.
Vice-Mayor Coxhead noted original Board minutes indicated
concerns expressed regarding the height and details of the
proposed plans; the plans didn't show grading; another Board
member had requested floor level elevations and contours; felt
any new information presented to the Council should be heard by
the Design Review Board; he could not make the findings necessary
to grant a variance; felt applicant is responsible for his acts
and acts of those people under their employee and contract;
thought it would be an exceptional privelege to allow a variance
in an as built situation.
Mr. Mulberg stated that the Board, which did not grant the
variance on one scheme due to lack of findings and did not
approve the design of the scheme that was within the height
limit, was unreasonable and arbitrary and has not provided
guidance.
Councilman Wilson agreed with Vice-Mayor Coxhead that it was the
applicant's 'obligation to write the answers to the four variance
requirements; suggested the applicant meet with the Town Attorney
and return to the Design Review Board; he resented an applicant
appearing before the Town Council with new evidence that was not
presented to the Design Review Board.
Councilman Shaw disqualified himself from the discussion since he
had been business associates with the Gross family for many
years.
Councilmember Mayberry stated she agreed with the Design Review
TOWN COUNCIL MINUTES #726
April 16, 1986
Page 8
Board's decision to deny the request for a variance.
The Mayor stated he liked the design of the house; agreed with
Councilmember Wilson's suggestion that the applicant get together
with the Town Attorney to justify a variance.
Mr. Mulberg requested Council set a special meeting within the
next ten days to hear the application after he had discussed the
matter with the Town Attorney. The Mayor responded that there
were two issues, (1) the findings required to grant a variance
and (2) the design of the house, which needs to go back to the
Design Review Board.
Michael Lyon stated it was not the function of the Design Review
Board to design houses for clients; they make suggestions; even
with new information, he personally would find it hard to make
the necessary findings for a variance.
The Town Attorney stated the Council has the right to grant this
appeal or deny it; if they choose to remand it back to the Design
Review Board the applicant has the right to appeal again; the
Council could order the question made moot by choosing alternate
three which requires no variance.
Mr. von der Werth stated he was chastised and embarassed by the
Design Review Board; he didn't feel he could work with them.
Discussion ensued regarding the Mayor's suggestion that a
subcommittee of the Council meet with the applicant so that they
would provide input or direction to the applicant so that when
the applicant returns to the Design Review Board he might have a
plan acceptable to the Board.
The Town Attorney advised the Council they must take action on
the appeal before them.
MOTION:
Moved:
Vote:
Appeal be remanded for Board's reconsideration of
written findings; obligation to rewrite the findings is
the applicant's and subject to the approval of the Town
Attorney.
Wilson, Seconded by Mayberry
AYES: Mayberry, Wilson, Coxhead, Duke
ABSTAIN: Shaw
4. APPBOVAL OF SECOND UNIT - 1885 Mountain View Drive
The Planning Director reviewed the Staff Report. Under Ordinance
No. 312 N.S., the Council must approve all second units.
Mrs. McClatchy was present to answer questions.
In response to Councilmember Mayberry, the Town Attorney stated
TOWN COUNCIL MINUTES #726
April 16, 1986
Page 9
second units were permitted under the current Urgency Ordinance.
The Mayor opened the public hearing. There being no comments,
the Mayor closed the public hearing.
MOTION:
Moved:
Vote:
To approve second unit at 1885 Mountain View Drive
Wilson, Seconded by Coxhead
AYES: Unanimous
4. (b)
GENERAL PLAN PBOPOSAL TO PROVIDE TOWN WITH MlRl( PROGRAM
ro REVISE THE GENERAL PLAN - KREINES & KREINES
The Town Manager stated he had an opportunity to review the Plan
as submitted by Mr. Kreines this date and thought it would make
the task of reviewing the General Plan clearer to everyone;
stated the cost of $5,000 seems fair for the amount of effort and
work to be put into it; asked when the traffic counts would be
taken and what methodology would be used.
Ted Kreines, 58 Paseo Mirasol, stated requirements of State law
are to make the Circulation element coordinate with the Land Use
Element; you need a base line; the goals of the community must be
determined; different consultants might be used for different
elements of the General Plan.
The Town Manager asked Mr. Kreines if he considered himself as a
coordinator; Mr. Kreiens stated this could be considered,
however, he didn't want to commit himself.
Councilman Wilson asked how his proposal fits with work already
done by Mr. Pivo. Mr. Kreines stated it was his intention to use
Mr. Pivots work as a base and refine it; that it was the role of
the Planning Commission to recommend what the revised General
Plan should be but they need direction; he would make no
recommendations as to what to do with previous work; he would
~nalyze and evaluate it with reference to the existing General
Plan and State law.
Councilman Wilson expressed his concern that this proposal posed
an ethical problem of whether Mr. Kreines was trying to supplant
a consultant already on board; suggested Mr. Kreines volunteer as
a member of the Planning Commission.
Mr. Kreines stated he has been offered a position on the Planning
Commission in the past, however, it doesn't fit into his
schedule; he had originally wrote this proposal in January for a
member of the Council.
The Town Manager stated Mr. Pivo had been directed to stop work
until the new Council was seated: previous discussion was that a
new scope of services would be drafted and a new RFP sent out.
The Mayor stated he didn't think Mr. Kreines' proposal interfered
with Mr. Pivots work.
In response to Councilman Shaw, the Town Attorney stated a
TOWN COUNCIL MINUTES #726
April 16, 1986
P ag e lO
conflict of interest exists if someone has a direct financial
impact on a project before the Board; there was none that he
could determine.
Councilmember Shaw asked that "safety" be spelled out in the
Circulation Element.
The Town Manager suggested that this item be placed on a regular
agenda. Mrs. Virginia Brunini stated there has been no
opportunity for public input. Vice-Mayor Coxhead stated other
contracts have been approved and Mr. Kreines did submit this
proposal to the Town several months ago; felt Mr. Kreines
anticipated some of the problems the Council did have; thought he
would be highly motivated to give the Council a superior product.
Councilman Wilson felt there was a possible conflict of interest
and a possible campaign pay-off by approving this proposal; Staff
and the previous Council had gone to a great deal of trouble
asking for competitive proposals and interviewing applicants when
Mr. Pivo was hired; there was professional competition of
technical capabilities and price; there might have been a clearer
scope of work, there were tasks started and tasks added to Mr.
Pivots contract; thought the Council was engaging another
consultant in the wrong way; had a problem of engaging anyone who
lives in Tiburon.
Councilmember Shaw stated that because they are rookies he felt
there was certain knowledge available to them from this work
program.
Vice-Mayor Coxhead supported the proposal and didn't feel it
needed competitive bidding.
MOTION: To accept Mr. Kreines' proposal to prepare a work
program with proper fine tuning after consulting with
Staff and Council.
Moved: Shaw, Seconded by Duke
Vote: AYES: Mayberry, Coxhead, Shaw, Duke
NOES: Wilson
5. UNDERGROUNDING OF UTILITIES (Approve in Concept and Set
Public Hearing - Tiburon Boulevard between Mar West and
Beach Road)
The Town Manager reviewed the Staff report. Council was asked to
set a public hearing for May 21.
In response to Councilman Shaw, the Town Manager stated Tiburon
Boulevard has been the number one priority for undergrounding,
especially the downtown area; this project will tie in with other
improvements of Tiburon Boulevard.
The Town Engineer explained matching grant funds that have been
TOWN COUNCIL MINUTES #726
April 16, 1986
Page 11
solicited and received; he has requested additional money from
the County for undergrounding from Mar West to San Rafael Avenue.
MOTION: To accept Staff's recommendation and set a public
hearing date for May 21.
Moved: Wilson, Seconded by Mayberry
Vote: AYES: Unanimous
6 . AUDITOR REPORTS AND UPDATE OF TOWN' S FINANCIAL STATUS
a. Belvedere/Tiburon Joint Recreation Committee
1984-85 Auditor's Report
b. MTC Allocation - Auditor's Report
c. Town Auditor's Management Letter for 1984-85 &
Finance Director's Comments
d. Mid-Year Review of Revenue and Expenditures
This item was continued to the next meeting.
7. 1986-87 TOWN BUDGET PROCESS (Budget Hearing Procedure and
Schedule)
This item was continued to the next meeting.
B. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS
There were none.
I. EXECUTIVE SESSION
Mayor Duke adjourned the meeting at 11:55 P.M. to Executive
Session at 8 A.M. on Thursday, April 17, 1986 in the Town
Manager's Office.
J. ADJOURNMENT
The Executive Session of the Town Council of the Town of Tiburon,
was adjourned by Mayor Duke to Friday, 3 P.M., April 18, 1986 to
discuss the Building Permit Allocation System Policy.
~
"
./
ATTEST:
R. ~~~R/C~RK
TOWN COUNCIL MINUTES #726
April 16, 1986
Page 12
MINUTES
CALL TO ORDER
TOWN COUNCIL
Mayor Bergmann called the adjourned meeting of the Town Council
of the Town of Tiburon to order at 7:35 P.M., Tuesday, April 15,
1986, in the Hilarita Community Room, Tiburon, California.
PRESENT:
ABSENT:
A. ROLL CALL
COUNCILMEMBERS: Spratling, Coxhead, Bergmann
COUNCILMEMBERS: Smith, Wilson
EX OFFICIO: Town Manager Kleinert, Ragghianti,
Planning Director Hanna, Town
Engineer Bala, Chief of Police
Bailey, Superintendent of Public
Works Brunini, Finance Director
Nadritch, Assistant Town Clerk
Hennessy
B. APPROVAL OF MINUTES
#724, April 2, 1986
MOTION:
Moved:
Vote:
To approve Minutes 1724 as submitted.
Coxhead, Seconded by Bergmann
AYES: Unanimous
ABSENT: Smith, Wilson
ABSTAIN: Spratling
Mayor Bergmann expressed her pride in the Council's
accomplishments and having been a part of the tradition of
excellence of former Town Councils; she thanked Staff for their
loyalty and dedication.
Councilman Spratling expressed his gratitude to the community for
the privelege and opportunity to serve.
C. CERTIFICATION OF APRIL 8, 1986 TIBURON MUNICIPAL ELECTION
MOTION:
Moved:
Vote:
To approve Resolution No. 2380, A Resolution of the
Town Council of the Town of Tiburon Certifying the
Results of the Municipal Election Held In and For the
Town of Tiburon, State of California, on the 8th Day
of April 1986
Spratling, Seconded by Coxhead
AYES: Unanimous
ABSENT: Smith, Wilson
TOWN COUNCIL MINUTES #725
April 15, 1986
Page 1
D. SEATING OF NEW TOWN COUNCIL
The Town Manager/Clerk administered the oath of office to the
Town Council-Elect: Lawrence J. Duke, Fran Mayberry and Francis
X. Shaw.
. E. ELECTION OF MAYOR
The Town Manager/Clerk served as Chairman Pro Tempore for the
purpose of receiving nominations for the office of Mayor of the
Town of Tiburon.
MOTION:
Moved:
Vote:
To elect Lawrence J. Duke as Mayor
Mayberry, Seconded by Shaw
AYES: Unanimous
F. ELECTION OF VICE-MAYOR
Mayor Duke assumed the Chair and requested nominations for the
election of the Vice-Mayor.
MOTION:
Moved:
Vote:
To elect Stone Coxhead as Vice-Mayor
Shaw, Seconded by Mayberry
AYES: Unanimous
Mayor Duke stated their goal was to bring the Town together; to
continue in a forward manner. He stated there would be changes
brought about in a slow methodical fashion. He thanked the
community for their support. Councilmembers Mayberry and Shaw
also expressed their appreciation for the community's support.
G. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Duke adjourned the meeting at 8 P.M. sine die.
C~~_/
LAWRENC
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ATTEST:
R. L~~~R/C~RK
TOWN COUNCIL MINUTES #725
April l5, 1986
Page 2
MINUTES
CALL TO ORDER
TOWN COUNCIL
Mayor Bergmann called the regular meeting of the Town Council of
the Town of Tiburon to order at 7:45 P.M., Wednesday, April 2,
1986, in the Hilarita Community Room, Tiburon, California.
PRESENT:
ABSENT:
A. ROLL CALL
COUNCILMEMBERS: Coxhead, Smith, Bergmann
COUNCILMEMBERS: Spratling, Wilson
EX OFFICIO: Town Manager Kleinert, Town Attorney
Ragghianti, Planning Director Hanna,
Town Engineer Bala, Chief of Police
Bailey, Superintendent of Public
Works Brunini, Assistant Town Clerk
Hennessy
B. APPROVAL OF MINUTES
#72l, March 5, 1986
MOTION:
Moved:
Vote:
To approve page 8 of previously approved Minutes #721
Coxhead, Seconded by Smith
AYES: Smith, Coxhead, Bergmann
NOES: None
ABSENT: Spratling, Wilson
#722, March 18, 1986
MOTION:
Moved:
Vote:
To approve Minutes #722
Coxhead, Seconded by Bergmann
AYES: Coxhead, Bergmann
NOES: None
ABSTAIN: Smith
ABSENT: Spratling, Wilson
#723, March 19, 1986
MOTION:
Moved:
Vote:
To approve Minutes #723
Smith, Seconded by Coxhead
AYES: Smith, Coxhead
NOES: None
ABSTAIN: Bergmann
ABSENT: Spratling, Wilson
TOWN COUNCIL MINUTES #724
April 2, 1986
Page 1
c. APPOINTMENTS ro CDMMISSIONS, BOARDS, COMMITTEES
There were none.
D. COMMISSION AND CDMMITTEE ORAL REPORTS
TIBURON/BELVEDERE PARKING AND TRANSPORTATION ADVISORY CDMMISSION
POLICY RECOMMENDATIONS (Chairman Kuhn)
Chairman Kuhn submitted a report to the Council and stated their
work had progressed to a point where they needed specific
direction from Council. The Commission suggested a Staff member
be responsible for the day to day supervision of a parking and
transportation management program and coordinate the efforts of
the Golden Gate Transit District, the ferry service and the
privately owned parking lots. Council accepted the report and
asked the Town Manager to set up a Council workshop with the
Commission.
E. PUBLIC QUESTIONS AND COMMENTS
Rod Bessolo, 19 Paseo Mirasol, asked the Council to respond to
questions regarding a law suit filed by Taldan Investment Company
against the Town. Mr. Bessolo referred to Item 6, which stated a
claim that there were promises made by the Town of Tiburon and
LAFCo to allow the development of Taldan's real properties in
substantial conformance with the Tiburon Vista Master Plan which
is why they acquiesced to the annexation to Tiburon and Mr.
Bessolo listed the dates involved; he asked if promises can or
cannot be made prior to the legal hearing process; he asked what
is the truth of this; if the Council denies that it is true, then
do you feel the suit is being brought to influence this election
that's before the Town of Tiburon and if this is strictly to
influence the election which effects Measures C and D, does the
Town intend to do anything about this relative to Taldani and if
there's some question as to whether there's some truth to this or
not, does the Town plan an investigation to see who is promising
what when.
The Town Manager responded that the lawsuit has not been served
on the Town and neither the Town Council, Town Attorney nor the
Town Manager had seen it. The Town Manager explained that at the
time of the annexation proceedings he did not recall speaking to
anyone from Taldan. The RUSD property was undeveloped and as a
single property owner, they had little or no influence upon the
overall annexation. The Town focused its efforts in responding
to the voters of Bel Aire and Tiburon Hills regarding the
annexation. LAFCo's policy has always been that undeveloped
property located within the Town's sphere of influence should be
annexed and its urban services provied by the Town.
The Town Attorney stated that he had no idea what the law suit
says; he stated he would respond after he had an opportunity to
read it.
TOWN COUNCIL MINUTES #724
April 2, 1986
Page 2
Mr. Bessolo asked if the Town would investigate if any promises
were made if the law suit is served.
The Town Manager stated the Town would prefer not to have the
suit served because it would cost the Town money to defend it;
however, the Town would certainly investigate the matter.
Mike Lios, Benton Court, stated despite the fact that the suit
hadn't been served on the Town, he felt the incumbents benefitted
by its allegations and wanted the Town to respond.
The Town Manager stated there was no truth to the allegations
that promises were made to Taldan regarding annexation.
Councilman Smith stated he was not in a position to state the law
suit was without merit until the Town Attorney had an opportunity
to review it.
Karen Nygren, 22 Paseo Mirasol, stated the Coastal Post had left
a copy of the lawsuit at the Police Department for the Mayor's
review and it bothered her to hear the Council say they hadn't
seen it.
The Mayor stated the Council was not prepared to make any
comments until the lawsuit is officially served.
F. CONSENT CALENDAR
Councilman Smith asked that the Traffic Safety Committee report
regarding request for no parking along Mar West from Tiburon
Blvd. to the Tiburon Peninsuls Club be agendized at a future
meeting, and this item be removed from the Consent Calendar.
MOTION:
To approve the Consent Calendar consisting of the
following items:
1. TRAFFIC SAFETY COMMITTEE REPORT without Item previously
removed regarding No Parking on Mar West (March 1986)
2. CLAIMS AGAINST THE TOWN (Recommend Denial)
a. Paul Trudell (Personal Injury)
b. David A. Gavrich (Personal Injury)
c. Charles and Margaret Robertson (Mud Slide Damage)
3. PERINI FINAL MAP - PHASE I (Amending Res. NO. 2377
-Resolution)
4. AUTHORIZATION FOR BUDGET ADJUSTMENT (Mar West Street Repair)
Moved: Coxhead, Smith
Vote: AYES: Smith, Coxhead, Bergmann
NOES: None
ABSENT: Spratling, Wilson
TOWN COUNCIL MINUTES #724
April 2, 1986
Page 3
G. PUBLIC BEARINGS , BUSINESS ITEMS
5. BOBBS PROPERTY (Town's Assistance in Acquisition Efforts -
Resolution)
The Town Manager reviewed the Staff report. Staff has prepared
another Resolution and it indicates the Town's strong willingness
to assist the Citizens Committee, but does not commit the Town to
acquire the property. Councilman Smith suggested the Town to
offer a token amount of financial support.
The Mayor opened the public hearing.
John Hoffmire, President of Tiburon Foundation, stated they were
willing to help the Committee to acquire the property.
Stewart Hopkins stated he thought the Resolution was less than
heroic, less than courageous and gutless; assumed the Council's
decision had been reached in closed session and the resolution
would be passed without change; he expressed his dissatisfaction
with the Council's fear of a lawsuit; suggested ridge land be
sold to acquire the Hobbs property; he wanted input from the
Parks & Open Space Commission.
In response to David Keller, the Town Attorney noted that one
paragraph restates what was in Resolution No. 2355 and the last
paragraph indicates the Town is not interested in obtaining the
property at this time. Mr. Keller asked that a token amount of
funds from the Town be added to the Resolution.
Discussion ensued regarding the amount of money the Town had in
its Open Space fund and the need for public hearings before any
of this money can be spent or any property could be sold.
Mr. Keller was advised to contact the Town's Bond Counsel
regarding the financial mechanisms of an assessment district.
Nat Marans, Spanish Trail, suggested open space property be
traded in order to acquire the Hobbs property.
Lillian Kettenbach stated she would have liked a stronger
resolution but thanked the Council for their efforts.
The Mayor closed the public hearing.
Councilman Smith emphasized that this Resolution was not
discussed ih closed session. He stated closed sessions were
limited to specific issues. He liked the idea of swapping
property but this would require a series of public hearings
necessary.
Stewart Hopkins stated the appraisal of the property was
$850,000.
TOWN COUNCIL MINUTES #724
April 2, 1986
Page 4
Councilman Smith suggested the Town commit $10,000 out of the
Open Space funds.
Vice-Mayor Coxhead stated the Town's Open Space Element doesn't
even mention the possible acquisition of this property; public
hearings were necessary to sell or trade open space property.
Mayor Bergmann noted that Tiburon has a reputation for having
done the greatest amount of work to protect its shoreline; BCDC
is aware of these past efforts and she felt BCDC would recognize
the Town's interest without committing funds to the acquisition
at this time.
MOTION: To pass Resolution of the Town Council of the Town of
Tiburon Supporting Public and Private Efforts to Acquire
the Hobbs Property
Moved: Coxhead, Seconded by Smith
Vote: AYES: Smith, Coxhead, Bergmann
NOES: None
ABSENT: Spratling, Wilson
Mayor Bergmann stated she and the Planning Director would bring
the Resolution to the BCDC hearing on April 3.
6. PERINI PHASE I DEVELOPMENT (Building Envelope Clarificaton)
The Planning Director reviewed the Staff report. At the Board of
Adjustment and Review meeting of March 20, it became evident that
there was a need for clarification of Condition No. 12 of Precise
Plan Resolution No. 2339, which reads:
"12. No improvements of any type, including fences temporary
or otherwise, shall be permitted outside the approved
primary or secondary envelopes. In addition, no
planting of trees or shrubbery shall be allowed along
property lines which would have the effect or appearance
of fencing the property as determined by the Board of
Adjustments and Review. The Final Map shall provide
notice of building envelope restrictions. The CC&Rs
shall contain notice of the building envelope
restrictions."
The Planning Director stated there were five homes being
considered by the Board of Adjustments & Review and the applicant
had proposed improvements outside the building envelope for
retaining walls, flatwork and driveways which were necessary but
inconsistent with a strict interpretation of Condition 12.
TOWN COUNCIL MINUTES #724
April 2, 1986
Page 5
The applicant proposed modified language in a letter dated
3/25/86. Staff concurred with the need for driveway access from
street to building envelope and the suggestion relative to
underground utilities and drainage structures. However, Staff
believes that with regard to aboveground structures, only
driveways and pathways leading directly from the street to the
building envelope should be allowed; flatwork and retaining walls
in the sideyard areas would be clearly beyond the definiton of
Condition 12.
Ms. McCart, representing Perini Land & Development Company,
stated their concern with Staff's recommendation was relative to
a few lots that had an irregular shape; they preferred to be able
to situate driveways in such a way that they had a turnaround so
cars didn't back out onto the street; this had been Town policy
for many years.
The Town Engineer stated he advocated better driveway access and
suggested the Council modify the condition to allow for driveway
turnarounds.
Bruce Ross, architect, suggested the Council allow the driveways
be a Board of Adjustments & Review decision.
Don Batten, speaking on behalf of Rod McLeod representative of
the Belveron Homeowners Association, asked that nothing outside
the building envelope be allowed and suggested the houses be made
smaller; if the Council granted the Perini anything outside the
building envelope it would be a grave mistake.
Katie Bruel, 57 Mercury Avenue, stated her concern was setting a
precedent by allowing a change in the approved conditions; she
was in favor of safe driveways.
The Mayor closed the public hearing.
Vice-Mayor Coxhead noted the Council had decided to leave an open
scenic area of 180' and in order to do that the houses were
crammed together; he wasn't in favor of that decision; he felt it
was mandatory to keep the side yard setbacks as they are; thought
it logical that the applicant be allowed to build in the front
yard setback, and he thought it was implied in the Precise and
Master Plan that underground improvements would be allowed. He
asked the Town Attorney and Staff to consider eliminating the RPD
zoning in the revised Zoning Ordinance; he preferred ROI and R02
zoning. Vice-Mayor Coxhead stated he had talked to Mr. McLeod
who agreed it was reasonable to allow the undergrounding of
utilities and drainage, however, Mr. McLeod has great concern
regarding encroachment on side yards and perhaps on front yard
set backs.
TOWN COUNCIL MINUTES #724
April 2, 1986
Page 6
Vice-Mayor Coxhead stated he wasn't concerned about the driveways
since this was a cul-de-sac and thought there was a legal problem
if the Council made substantive changes and the possible need for
additional public hearings to amend the Precise Plan, Master Plan
and CC&Rs.
The Mayor agreed construction on front yard setbacks was not a
problem but wouldn't agree to a change in side yard setbacks.
Bruce Ross, architect, stated a sweep driveway would provide a
more gracious street frontage, be safer and would lower the
house.
The Town Engineer stated he had raised this issue at the Planning
Commission level and the sidewalk was moved to the opposite side
of the street; they should provide 20' from the curb otherwise
cars will be sticking out in the street; thought this
consideration should be applied on the merits of each house.
Councilman Smith stated he was in favor of achieving this design
if the Council could keep their bargain with the people of
Belveron.
Vice-Mayor Coxhead stated he would feel more comfortable if the
other two Councilmembers were present because of their plannning
experience.
Mr. Ross agreed and stated he would bring additional exhibits.
Item continued to the next meeting.
7. McKEGNEY GREEN REPAIR 5 RESTORATION (Authorization to
Renovate and Replace Worn Turf)
The Town Manager reviewed the Staff report. Cagwin & Dorward,
the maintenance contractor for McKegney Green, was asked to
prepare a cost estimate for the repair and restoration of
McKegney Green. The estimate was $9,080. The Green would have
to be closed for 90-120 days and it was suggested work begin by
May 1 in order that the field be ready for the soccer league in
September.
The Mayor stated Dave Kirchhoff asked that work be delayed till
after May 6 to allow for a special soccer game. Council agreed.
MOTION: To authorize the maintenance contractor to extend their
contract to repair and restore McKegney Green; work to
be funded from the Capital Replacement and Restoration
Fund and work to commence after May 6, 1986.
Moved: Smith, Seconded by Coxhead
Vote: AYES: Smith, Coxhead, Bergmann
NOES: None
ABSENT: Spratling, Wilson
TOWN COUNCIL MINUTES #724
April 2, 1986
Page 7
B. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS
CAL/TRAHS
The Town Manager reported bids will be opened on April 10 for the
signalization project at San Rafael Avenue and on April 17 for
the signalization project at Lyford Drive and the sight
improvement work at Stewart Drive.
'!OWN MANAGER' S PROMISSORY NOTE TO TOWN
The Town Manager stated he had recently applied and been approved
for refinancing of his residential loan at 68 Reed Ranch Road.
However, such refinancing would require the Town to again enter
into a subordination agreement concrning the Town Manage's note
owed to the Town. He requested Town Council's approval of such
action and that the Mayor be authorized to execute such agreement
subject to review and approval of the documents by the Town
Attorney.
MOTION:
Moved:
Vote:
To authorize the Mayor to execute the Subordination
Agreement subject to Town Attorney's approval of the
refinancing documents related to the Town Manager's
residence at 68 Reed Ranch Road
Smith, Seconded by Coxhead
AYES: Smith, Coxhead, Bergmann
NOES: None
ABSENT: Spratling, Wilson
CIBRIAN WATER TANK
The Planning Director referred to his memo regarding the
relocation of the site for the water tank on Ring Mountain; the
Nature Conservancy suggested two areas; the MMWD preferred one of
the locations; asked Council to authorize the Town Engineer to
make a preliminary physical site investigation to see if they are
reasonable sites. The Planning Director stated Cibrian needed to
be notified by April 30 of a site location for the water tank,
and he suggested the Council set a date for a field trip. The
Mayor directed Staff to work with the Nature Conservancy
regarding a field trip.
The Council authorized the Town Engineer to perform a preliminary
site inspection; if the Town Engineer recommends soils test, the
matter will be returned to Council for additional authorization.
ONDERGBOUNDING OF UTILITIES - TIBURON BLVD.
The Town Engineer stated undergrounding of utilities from Beach
Road to Mar West is scheduled for 1987. He asked Council for
authorization for him to apply to the County for funds for this
undergrounding project. Council agreed.
TOWN COUNCIL MINUTES #724
April 2, 1986
Page 8
I. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Bergmann adjourned the meeting at 9:45 P.M. to
Tuesday, April 15, 1986 for the purpose of canvassing and
certifying the April 8, 1986 Municipal Election.
~B~~
ATTEST:
R. L. KLEINERT, TOWN MANAGER/CLERK
TOWN COUNCIL MINUTES #724
April 2, 1986
Page 9
MINUTES
TOWN COUNCIL
CALL TO ORDER
Vice-Mayor Coxhead called the regular meeting of the Town Council
of the Town of Tiburon to order at 7:35 P.M., Wednesday, March
19, 1986, in the Hilarita Community Room, Tiburon, California.
A. ROLL CALL
PRESENT: COUNCILMEMBERS:
Spratling, Wilson, Coxhead, Smith
ABSENT: COUNCILMEMBERS:
Bergmann
EX OFFICIO:
Town Manager Kleinert, Town Attorney
Ragghianti, Planning Director Hanna,
Planning Consultant Pivo, Town
Engineer Bala, Chief of Police
Bailey, Superintendent of Public
Works Brunini, Assistant Town Clerk
Hennessy
Vice-Mayor Coxhead announced that the Agenda would be changed to
accommodate Mr. Pivo who had a family medical emergency and would
leave the meeting at 8 P.M.
E. PUBLIC QUESTIONS AND COMMENTS
Rod McLeod asked for clarification of the letter he had submitted
regarding the Perini drainage; wanted answer prior to the Design
Review Board meeting the next evening; thought they were jumping
a step in the process; thought they were asking for a building
permit before getting all the necessary work done.
Councilman Spratling responded that the letter had been addressed
at the previous Council meeting; that an application for Design
Review approval is not the same as an application for a building
permit; they are not jumping a step; they have a Final Map;
everything will have to be completed before they apply for a
building permit; no building permits would be issued until the
Town Council establishes an allocation procedure.
G. PUBLIC HEARINGS, BUSINESS ITEMS
2 . BIR ON AMENDMENTS TO CIRCULATION , LAND USE ELEMENTS OF THE
GENERAL PLAN (Receive Planning Commission Recommendations)
and
3 . AMENDMENTS TO CIRCULATION AND LAND USE ELEMENTS OF THE
GENERAL PLAN (Receive Planning Commission Recommendations)
Vice-Mayor Coxhead opened the continued public hearing.
Eric Schmidt introduced attorney Antonio Rossmann and enumerated
his past accomplishments and current projects.
TOWN COUNCIL MINUTES #723
March 19, 1986
Page 1
Mr. Rossman stated he had just reviewed the letter from Pettit &
Martin and he agreed with their statements; he questioned the
Council's timeframe since the State Clear house had set April 4 as
the deadline for submittal of comments to the EIR; he stated the
final EIR could not be prepared until after the closing date; he
quoted from CEQA guidelines; he gave Council a copy of a letter
from the State Office of Planning and Research which stated the
review period concluded on April 4, 1986; he contended that until
the Final EIR was prepared, the Planning Commission was not in a
position to begin the General Plan amendment process; he stated
he was not making comments on the sufficiency of the document.
Fran Mayberry stated in view of Mr. Rossmann's comments she felt
the Town has to wait for the comment period to be over before the
public hearings can continue.
Mr. Nana, Tiburon Crest, referred to his letter of March 14,
1986; asked if interim traffic and volume standards would be set
before December in order for some building permits to be
issued. Mr. Pivo responded that the standards would be
established in December after the traffic counts had been
performed.
Mr. Nana suggested a priority system be established for issuance
of building permits and current subdivisions with Tentative and
Final Maps be included in the cumulative traffic for new
subdivisions. Mr. Pivo stated they would consider his suggestion
carefully.
Vice-Mayor Coxhead closed the public hearing.
Mr. Pivo left the meeting at 8:05 P.M.
Councilman Spratling reviewed the history of the Council's
actions to establish guideline objectives and supporting policy
statements to regulate growth in the community; their purpose of
being on a fast track was many fold; they wanted objectives and
supporting policy statements to support any ordinance to regulate
those development factors; to show the Council's resolve to the
community and the County to support their request to begin
looking at the situation in Southern Marin; the Council gave a
project scope to the consultant which was limited to amending the
Circulation and Land Use Elements of the General Plan only to the
extent to accommodate changes as prescribed in the Urgency
Ordinance. As the Council proceeded through the process and the
public brought problems to their attention, the Council asked the
Town Attorney to consult with the planning consultant to make an
assessment of the propriety of the Council's approach and whether
they should consider an alternate method. The Council has been
informed that even with the amendment to the Land Use Element
that the Element still has deficiencies as to requirements of
state law and a considerable number of inconsistencies between
the proposed Land Use Element and state law.
TOWN COUNCIL MINUTES #723
March 19, 1986
Page 2
MOTION:
Moved:
That the Town Council revise the scope of the project
to be undertaken by Staff and the Planning Consultant
and the project be expanded to a complete revision of
the Circulation Element and Land Use Element; that the
information collected and studies done already can be
used for this comprehensive project; that a redraft of
the EIR be prepared; modifications to the two elements
should be posted in a separate document and in a new
form which would show all the deletions and additions;
that the Council suspend hearings on the Zoning
Ordinance until the revisions of the Land Use and
Circulation Elements are complete; the Building Permit
Allocation System be agendized as first priority of the
Planning Commission, and pending receipt of an estimate
by the consultant as to what amount of this revision
would be included within the original contract and the
amount of monies required in excess of the current
contract, Council review the proposal of the consultant
and by the very nature of reviewing that proposal there
would be no guarantee the current professional would be
guaranteed the work of the new project.
Spratling, Seconded by Smith
The Town Attorney stated the Town would have a new Notice of
Preparation and a new EIR.
In response to Mr. Thayer who presumed traffic studies, air
quality and safety issues would be include in this new process,
Councilman Spratling stated he didn't think it was necessary to
delay adoption of the Land Use and Circulation Elements until
summertime traffic studies were completed; they can be included
and standards revised; the up-date of the Element is an
evolutionary thing.
All the Councilmembers supported the revised scope of the
project; Vice-Mayor Coxhead asked Staff to evaluate whether the
phased revision of the General Plan was the most efficient
method.
Councilman Spartling asked that responses be prepared by Staff to
comments made by the public, particularly Mr. Sanger's letter,
before the item is returned to the Planning Commission and the
Town Council for review of the EIR and then consideration of the
revised elements. Councilman Spratling stated he still supported
the amendment and up-dating of the General Plan in stages. Other
elements will be done in the second stage, with the understanding
that the Land Use and Circulation Elements will get fine tuned as
the Council completes review of all of the elements.
Dr. Duke suggested that the project be put out to bid. Dr. Duke
also stated he thought it is absolutely mandatory that the EIR
address the issue that the review of the General Plan is being
done as a phased project.
TOWN COUNCIL MINUTES #723
March 19, 1986
Page 3
Vote:
AYES: Spratling, Wilson, Smith, Coxhead
ABSENT: Bergmann
E. PUBLIC QUESTIONS AND COMMENTS
Rod McLeod asked the Council regarding the drainage ditches and
pipes on the Perini property; he stated it was still his opinion
that if the Town accepts part of the drainage system it has to
accept all of it; the open ditches will feed into the closed pipe
area which will in turn cause a major blackage and cause problems
for Belveron; he wanted to go on record that the Town will be
responsible.
Council and Staff explained that the Town Attorney drew up a
special document to make sure the new homeowners association
would maintain the ditches, and if they did not, the Town had the
authority to levy a lien on the property and perform the
maintenance work. The Town was not accepting the ditches.
Mr. McLeod stated he wanted it documented that the Town would be
responsible in the event of a slide because the Town okayed the
drainage system. Councilman Smith responded that the Council had
set up a whole system so that the homeowners association could be
sued. Mr. McLeod responded that as far as he was concerned, the
Town was responsible.
ILLEGAL SIGNS
Steve Sears, Sam's Cafe, speaking on behalf of most of the
business community in downtown Tiburon, asked Council to take
action against the owner of five stores on Main Street who
persisted in displaying illegal "going out of business" signs in
his store windows. The Planning Director stated he had delivered
a letter to each store indicating the signs were illegal and
requested they be removed; this request was ignored. On Monday,
the Planning Director issued a $50 citation to each store and
there hasn't been any response. The next step was to initiate
abatement proceedings with a five day notice prior to the next
Council meeting.
MOTION:
Moved:
Vote:
To initiate abatement proceedings immediately.
Wilson, Seconded by Spratling
AYES: Unanimous
ABSENT: Bergmann
PERINI CORP.
Ms. McCart stated the Perini Land & Development Company had
scheduled improvements on the slide area behind 47 Mercury and
they would begin as soon as weather permits; final plans would be
submitted to the Town Engineer within the next two weeks.
TOWN COUNCIL MINUTES #723
March 19, 1986
Page 4
APRIL IS FAIR WUSING tIlNTB
Vice-Mayor Coxhead announced that the month of April has been set
aside as Fair Housing Month.
B. APPROVAL OF MINUTES
#720, February 19, 1986
MOTION:
Moved:
Vote:
To approve Minutes #720 as submitted
Spratling, Seconded by Smith
AYES: Unanimous
ABSENT: Bergmann
#721, March 5, 1986
MOTION:
Moved:
Vote:
To approve Minutes #721 as submitted
Smith, Seconded by Spratling
AYES: Unanimous
ABSENT: Bergmann
ABSTAIN: Wilson
c. APPOINTMENTS TO CDMMISSIONS, BOARDS, COMMITTEES
There were none.
D. COMMISSION AND COMMITTEE ORAL REPORTS
There were none.
F. CONSENT CALENDAR
1. STEWART DRlVE/TIBURON BOULEVARD INTERSECTION IMPROVEMENTS
(Authorize Advertising for Bids)
This item was removed from the Consent Calendar and the Town
Manager reviewed the Staff report. The Town Engineer reviewed
his negotiations with CAL/TRANS.
The Vice-Mayor opened the public hearing.
In response to Frank Shaw, the Town Engineer stated all work
would be done on the up-hill side and no trees would be damaged.
Frank Shaw stated it was a matter of public record that the
Council would reassess the evaluation of priorities for
signalization projects along Tiburon Boulevard, and questioned
why the matter had not be agendized.
Discussion ensued regarding whether the Council's intent was to
wait until signals were installed at Trestle Glen and traffic
evaluations were done before reassessing the priorities and need
for additional signals at Stewart Drive and Rock Hill Road.
Council directed Staff to agendize the priority list after the
TOWN COUNCIL MINUTES #723
March 19, 1986
Page 5
signals have been functioning at Trestle Glen and an evaluation
can be made.
MOTION:
Moved:
Vote:
To authorize the Town Engineer to advertise for bids
for the improvements at Stewart Drive.
Wilson, Seconded by Spratling
AYES: Unanimous
ABSENT: Bergmann
4. HOBBS PROPERTY (Town's Assistance in Acquisition Efforts -
Resolution)
The Town Manager reviewed the Staff report. The Town Council had
asked BCDC for a 90-day extension to allow local residents and
agencies to see if they could negotiate with the property owner
concerning preserving the property as permanent open space.
Supervisor Aramburu has conducted a meeting of interested parties
to start negotiations and also indicated he would work with the
County Real Estate Department to obtain an appraisal of the
property. BCDC requested each of the local agencies to indicate
their support for these proposed negotiations and acquisition and
adopt a resolution to this effect. BCDC provided the Town with a
resolution.
The Town Manager stated the Council had indicated they were
supportive of the community's desires and would be willing to
accept property into the Town's Open Space program if the
property could be acquired, however, the Town did not intend to
allocate funding for this purpose. BCDC's resolution had binding
commitments such as funding to assure them someone would come up
with the funds for acquisiton. The Town Manager stated he
modified the resolution indicating the Council was supportive and
willing to assist and coordinate activities, however, the Town
wanted funding and negotiations handled by a citizens
committee. The Staff of BCDC indicated the resolution the Town
Manager had prepared was not sufficient because it had no
commitment or assurance that the Town was guaranteeing some
financing program. The Town Attorney has also indicated his
concerns.
Town Attorney Ragghianti stated he did not recommend the adoption
of the resolution; the Town has already acted on the Hobbs
request to build the house; he felt the proposed resolution
placed a cloud on the Hobbs property which implies the Town is
attempting to acquire the property and accepting it into their
Open Space program. He did not recommend that this be the
position of the Town. It was the Town Attorney's understanding
that negotiations were taking place involving Supervisor
Aramburu, the County of Marin Open Space Commission and the Buck
Trust to raise sufficient money. Mr. Ragghianti did not want the
Town in a position of potential exposure to pre-condemnation
proceedings.
The Vice-Mayor opened the public hearings.
TOWN COUNCIL MINUTES #723
March 19, 1986
Page 6
Richard Patch, attorney representing Mrs. Hobbs, concurred with
the Town Attorney's comments. Mr. Patch described his
understanding of the negotiations and agreement reached involving
Supervisor Aramburu and stated the proposed resolution was not
consistent with his understanding of the agreement.
Stewart Hopkins stated BCDC wants someone to act as the lead
agency; there was a group trying to raise the money and it would
be a tragedy to let this opportunity slip by.
Lillian Kettenbach stated the "park priority" designation has
been on the property and on the Bay Plan; the property was
purchased with the knowledge this restriction was on the land;
stated the Council was putting a roadblock in their way; it was a
strategic piece of property and they had a lot of support to
acquire it; suggested the Town Attorney study the situation and
come up with a resolution the Council could pass.
The Town Attorney stated his sole concern was protecting the Town
from being sued; Mrs. Hobbs attorney has threatened to sue the
Town. Mr. Ragghianti reiterated the proposed resolution should
not be passed.
Lilliam Kettenbach stated she hoped some way can be found to show
BCDC the Town wanted the park priority status to remain.
Councilman Smith suggested the citizens group find another lead
agency such as the Landmarks Society; the Town needed to maintain
its current Open Space, to repair slides, to maintain McKegney
Green.
Councilman Spratling noted the cost of the property was three
times the amount the Town had in their Open Space fund; the Town
was willing to act as the lead agency, assist in negotiations,
coordinate efforts, provide Staff time. He stated the proposed
resolution could be interpreted to say the Town was buying the
property; the Town doesn't have the money to buy the property;
there would be exposure to the Town if the citizens group
negotiations feel through.
Stewart Hopkins stated no one asked the Town to buy the property;
they were asking the Town to act as the lead agency; they would
raise the money.
In response to David Keller, Councilman Smith stated it was a
matter of record that the Council was willing to be the lead
agency.
Mr. Patch stated the property has been acquired in three stages
and at no time was the owner advised of the park priority
designation; it does not show on the title report.
TOWN COUNCIL MINUTES #723
March 19, 1986
Page 7
In response to Mary Poole, 951 Tiburon Boulevard, the Town
Attorney stated he was concerned the resolution indicates for the
next three and a half years the owner will not be able to
develope the property because the resolution says the Town
intends to acquire it as Open Space; he was afraid the Town would
have to raise the money if a court determines the Town has
prevented the owners from using their property. He stated the
Town could condemn the property at any time.
The Vice-Mayor closed the public hearing.
Councilman Wilson suggested the matter be returned to Staff to
see if there's a resolution that will indicate the Council's
interest without putting the Town in legal jeopardy and return
the item to the April 2 Town Council meeting.
Councilman Spratling stated the resolution should reaffirm the
Town's desire to act as the lead agency, provide coordination
efforts with respect to exploring funding and negotiating for the
property and the Town will provide administrative assistance.
Councilman Smith agreed that if there was a creative way to get
BCDC to recognize the Town's interest without the Town buying the
property it was worth the effort; suggested a possible loan of
the money be investigated.
The Town Manager emphasized that BCDC didn't think the proposed
resolution was sufficient for them to recommend the "park
priority designation" remain on the property.
The item continued to the next meeting.
B. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS
a. PG&E's Up-Grading of Facilities on Tiburon Peninsula
(Informational Item)
The Town Manager stated this was an informational item; P.G.&E.
was upgrading their system and putting in a back-up loop line
around the peninsual from Paradise Park to the downtown area;
they were replacing some of the poles. Many residents in the
Paradise Drive area have met and there's a lot of support for
undergrounding the utilities; the cost would be approximate
$8,000 per lot.
Richard Conrad, Area Manager of P.G.&E., stated they were not
adding additional poles, but replacing poles; with the loop feed
around Tiburon Boulevard there will be very short outages; they
didn't feel they could wait two years for an assessment district
to be formed before they could improve their service; P.G.&E.
would provide the assessment district, if and when formed, the
same advantage as a subdivider and charge the cost of
undergrounding minus the cost of a pole line credit. The
engineering department has contacted every customer and will
place the poles to everyone's advantage as best they can.
TOWN COUNCIL MINUTES #723
March 19, 1986
Page 8
b. Earthquake Preparedness Program Schedule for April 17, 7:30 -
9:30 P.M., Del Mar School - Stein Letter (Informational Item)
This was an informational item.
c. Household Hazardous Materials Collection Day (Tiburon's
Participation in Proposed Countywide Program)
This was an informational item.
MARSH RESTORATION PROGRAM
The Town Manager stated Staff had met with representatives of the
Tiburon Peninsual Club and reviewed Phase II of the Marsh
Restoration Program. The Town Engineer stated he is negotiating
with the Conservation Corps who will work for the Town. Mr. Bala
showed the Council a map of the planting plan.
I. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Vice-Mayor Coxhead adjourned the meeting at 10:35 P.M.
sine die.
()h~ f2J~Q
STONE COXHEAD, VICE-MAYOR
ATTEST:
R.~~NAGER/CLERK
TOWN COUNCIL MINUTES #723
March 19, 1986
Page 9
MINUTES
ADJOURNED
'l'OWN COUNCIL
CALL TO ORDER
Mayor Bergmann called the adjourned meeting of the Town Council
of the Town of Tiburon to order at 7:35 P.M., Tuesday, March 18,
1986, in the Hilarita Community Room, Tiburon, California.
A. ROLL CALL
PRESENT: COUNCILMEMBERS:
Spratling, Wilson, Coxhead, Bergmann
ABSENT: COUNCILMEMBERS:
Smith
EX OFFICIO:
Town Manager Kleinert, Planning
Director Hanna, Planning Consultant
Pivo, Assistant Town Clerk Hennessy
B. PUBLIC QUESTIONS AND COMMENTS
David Keller posed a question regarding Measure D; Council felt
they needed more time to respond and Mr. Keller withdrew the
question.
C. PUBLIC BEARINGS , BUSINESS ITEMS
1. EIR ON AMENDMENTS TO CIRCULATION , LAND USE ELEMENTS OF THE
GENERAL PLAN (Receive Recommendations from Planning
Commission)
The Planning Director stated the Planning Commission had held
hearings on both the EIR and the proposed amendments; they
recommended forwarding the EIR to the Council recognizing that
final comments had not been received from all agencies and
recognizing comments asked at the Planning Commission meeting
would be responded to in the Final EIR; with minor modifications
to the two elements, they recommended the amendments be forwarded
to the Town Council.
In response to Vice-Mayor Coxhead, Mr. Pivo stated the 15 page
letter from'Dr. Duke would be included as part of the EIR.
Mr. Pivo made an extensive presentation to the Town Council
reviewed the goals and objectives of the project; outlined
studies that had been performed; explained Level of Service;
emphasized the need to work with the County and other
jurisidctions, i.e., Belvedere and CAL/TRANS in order to maintain
a growth management program; elaborated on supporting policies as
outlined on pages 27 through 30.
TOWN COUNCIL MINUTES #722
March l8, 1986
Page 1
Vice-Mayor Coxhead stated he felt the Land Use and Circulation
elements were inadequate and not up-to-date; noted the Bel Aire
annexation was not included in the Land Use Element; he expressed
concern that the project was being done in a piecemeal manner.
The Mayor opened the public hearing.
John Sanger, Pettit & Martin, referred to a letter that had been
hand delivered this date to the Council, Planning Commission and
Staff; urged Council to delay any action and return the EIR and
the two elements to the Planning Commission for further
consideration and for correction of what they believed is a
failure to comply with California State law. Mr. Sanger
summarized their principal concerns as outlined in the letter.
Rufus Thayer, 158 Blackfield Drive, stated Mr. pivots work to
date seems to be a foundation for more elaborate discussion of
work that still needs to be done; didn't feel the plan was
adequate to adopt a Circulation Element until additional work was
done; Bel Aire needed to be recognized.
Eric Schmidt asked Mr. Pivo if he contacted any Homeowner
Association Presidents who represent the preponderance of the
population affected by these matters. Mr. Pivo stated he had
not; he had talked to members of the Save Tiburon Committee and
publicized in the Ark that he was available at Town Hall.
In response to Mr. Schmidt, Mr. Pivo stated he had not used the
traffic count taken between Thanksgiving and Christmas to project
summer traffic.
Mr. Schmidt asked Mr. pivo how he measured water pressure in
terms of water flow. Mr. Pivo responded that the Fire District
uses 1000 gallons per minute flow as a measure that they will get
enough pressure to fight fires.
Mr. Schmidt asked Mr. pivo to clarify his comments regarding air
quality. Mr. Pivo stated there were two methods of analyzing air
quality; the impact of air quality in a region where hundreds of
tons a day are emitted into the atmosphere which determines
ambient air quality or the impact of air quality at a particular
site. Mr. Pivo stated that when air quality is measured at the
AQMD station in San Rafael, the federal and state standards are
not being exceeded; when CO is measured at the Tiburon Wye it is
a problem. The Bay Area Air Quality Management District has
suggested a new technique be used to measure pollutants, however,
they and the State Air Resources Board state the Town's study is
adequate.
Lawrence Duke, Planning Commissioner, stated he had addressed a
letter of 15 pages regarding the EIR and the Land Use and
Circulation Elements and felt the Planning Commission should have
had the responses before being asked to vote on the adequacy of
the documents; he dissented on the vote to forward the documents
TOWN COUNCIL MINUTES #722
March 18, 1986
Page 2
to the Town Council because the final disclosure documents would
not be available until April 4.
Fran Mayberry asked the Council if it was their intent to respond
to documents attached to the agenda, i.e., CAL/TRANS' letter
which in effect states the EIR is incomplete because the studies
have not been completed.
Coluncilman Spratling stated the consultant will respond to those
comments in the Final EIR.
In response to Mrs. Mayberry, Mr. Pivo stated he has begun to
make a comparison of the General Plan and State standards and
there are to date some inconsistencies; he stated he felt the
Circulation Element did comply and that the Land Use Element had
some deficiencies.
Karen Nygren noted the schools have not been addressed in the
EIR; she had watched traffic patterns carefully and felt the left
hand turn at Lyford Drive between 2 and 4 P.M. was at Level Fi
she noted the chart in the EIR had used 1972-73 enrollment and
some of the schools had been closed; the Table of Contents did
not include Land Use Element and/or impacts and felt the document
was incomplete and there was a lack of current information;
stated there were conclusions made without noting how and why the
conclusions were made as outlined on Pages 14 and 15 of Appendix
A. Mrs. Nygren felt the EIR lacked too much material to be
acceptable.
Mr. Pivo stated the schools chart was used as set forth in the
current Genral Plan Open Space Element to show parks available at
school sites.
In response to David Keller, Mr. Pivo stated he would prepare the
Final EIR approximately two weeks after all public hearings have
been concluded; he agreed to provide Mr. Keller a copy of his
"Where Do We Go From Here Memo" which outlines future phases of
study which will include safety and volume of traffic.
In response to Mr. Keller, Mr. Pivo explained he currently
estimated a maximum increase of 1700 trips per day would be
permissible before circulation standards would be exceeded by
using the traffic model and implementing mitigation measures; it
is a detailed, measureable quantifiable process.
Frank Shaw, candidate for Town Council, stated the response from
the Town of Corte Madera indicated the afternoon peak hours were
a critical time to study traffic volume, and asked how the
Council could make a decision without adequate 'data.
In response to Mr. Schmidt, Mr. Pivo stated State guidelines
requie a draft EIR for a General Plan to contain certain
information, however, it is less specific than an EIR on a
specific project; he thought the Final EIR would be sufficiently
detailed and an adequate document.
TOWN COUNCIL MINUTES #722
March 18, 1986
Page 3
In response to Mrs. Mayberry, Mr. Pivo estimated that the 1700
trips per day would be fewer when the afternoon peak hours were
studied.
Mrs. Mayberry expressed the opinion that it was meaningless to
have 1700 trips per day in the EIR when it will undoubtedly be
changed when the studies are completed; it was too early a stage
to have an adequate EIR done and thought the Council should give
serious consideration to accepting this EIR.
Mr. Pivo responded that he thought standards should be set for
both morning and afternoon, as well as a 24 hour standard; after
establishing these standards, then it will be determined how many
dwelling units should be allowed.
Mr. Pivo stated they used the recent CAL/TRANS studies in their
model and he would give a copy of this information to Frank Shaw.
Karen Nygren noted there were 945 units mentioned in the EIR as
possible future homes; suggested that other means be determined
to reduce density rather than just traffic standards, such as
rezoning and slope control policies and noted there were no
alternatives suggested in the EIR.
Councilman Spratling noted the 945 figures is not a count of
existing lots but an estimate of the maximum buildout if the
maximum density was allowed in every subdivison that ever comes
before the Council; the lower estimate for the number of units
likely to be built in Tiburon is in the low 600's; the Council
has already stated their intention to consider rezoning
properties.
Mrs. Nygren suggested that if worst scenarios are used for
information than worst scenario solutions should be discussed.
Councilman Spratling noted her question was not within the scope
of the EIR project. Mrs. Nygren stated she felt the entire
project scope needed to be addressed.
In response to Jeanne Ortaldo, Mr. Pivo stated utlimately Tiburon
should establish trips per day and unit standards for its own
Town, however, one must include how many units other
jurisdictions will allow. Regarding trips on neighborhood
streets, he'stated there wasn't adequate or verifiable research
because it varies so much due to number of children, economic
lifestyle and other factors; he would propose a process that each
neighborhood establish its own standards. Mr. Pivo stated
traffic standards should be set in the General Plan amendment
process before talking about individual development projects; it
was possible to have a different volume standard for different
neighborhoods.
TOWN COUNCIL MINUTES #722
March 18, 1986
Page 4
Mrs. Nygren suggested that page 28 should possibly include the
ferry service; page 34, number 3, suggested definition of
"acceptable"; page 34, number 4, questioned how one can maintain
acceptable traffic standards with an increase of 1700 trips per
day when the Tiburon Wye intersection is already at Level "F".
The Mayor closed the public hearing.
2 . AMENDMENTS TO CIRCULATION AND LAND USE ELEMENTS OF THE
GENERAL PLAN (Receive Recommendations from Planning
Commission)
Discussion of this item was included with the previous item.
D. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Bergmann adjourned the meeting at 10:35 P.M. to
the regular meeting on March 19, 1986.
aJ~~#~
VALERIE W. BERGMANN, YOR
ATTEST:
.
R. . KLEINERT,- -WN MANAGER/CLERK
TOWN COUNCIL MINUTES #722
March 18, 1986
Page 5
MINUTES
TOWN OOUNCIL
CALL TO ORDER
Mayor Bergmann called the regular meeting of the Town Council of
the Town of Tiburon to order at 7:45 P.M., Wednesday, March 5,
1986, in the Hilarita Community Room, Tiburon, California.
A. ROLL CALL
PRESENT: COUNCILMEMBERS:
Coxhead, Smith, Bergmann
Spratling (arrived at 8:15 P.M.)
ABSENT: COUNCILMEMBERS:
Wilson
EX OFFICIO:
Town Manager Kleinert, Town Attorney
Ragghianti, Planning Director Hanna,
Town Engineer Bala, Chief of Police
Bailey, Superintendent of Public
Works Brunini, Finance Director
Nadritch, Assistant Town Clerk
Hennessy
B. APPOINTMENTS ro CDMMISSIONS, BOARDS, COMMITTEES
There were none.
c. OOMMISSION AND OOMMITTEE ORAL REPORTS
There were none.
D. PUBLIC QUESTIONS AND COMMENTS
Don Batten, Tiburon's representative to the Marin/Sonoma Mosquito
Abatement Board, stated he had been appointed Chairman of their
Policy Committee.
E. CONSENT CALENDAR
MOTION: To. adopt the Consent Calendar consisting of the
following items:
1. RESIDENCE OVER 5,000 SQ. FT. (4895 Pardise Drive)
2. TOWN'S MAR WEST PROPERTY (Amendment to Legal Description -
Resolution)
Moved: Coxhead, Seconded by Smith
Vote: AYES: Unanimous
ABSENT: Spratling, Wilson
TOWN COUNCIL MINUTES #721
March 5, 1986
Page 1
P. PUBLIC BEARINGS , BUSINESS ITEMS
3. PERINI PHASE I DEVELOPMENT (Approve Final Map - Resolution)
The Planning Director reviewed the Staff report. Lot 13 building
envelope has been modified as directed by Council; there has been
a report on the tunnel adjacent to the Perini property prepared
by Harlan Miller Tait indicating additional measures to be taken
if any construction occurs on Lot 1.
Mayor Bergmann stated Rod McLeod had written a letter to the
Council and asked the Town Engineer to comment whether his
assumptions were correct. The Town Engineer explained that the
homeowners association will maintain drainage culverts on the
Perini property. Any culverts on other property will be
maintained by the property owner.
The Town Attorney stated language has been included in the
Subdivision Improvement Agreement which permits the Town to levy
assessments against all the property in the subdivision and enter
into the common area and make repairs if necessary.
Mr. Miller, Harlan Miller Tait, geological consultants stated
they had been advised by the railroad that the tunnel adjacent to
the Perini property had been completely filled under Reed Ranch
Road; Ghilotti Brothers was the contractor and they hauled fill
in with sweepers and bulldozers.
In response to the Mayor, the Town Engineer stated he had
requested a written report on the tunnel from the geological
consultants so he could indicate on the Final Map that this
report was on file at Town Hall even though the tunnel was not on
Perini property. Mr. Miller stated they were also preparing an
additional soils report on Lot 1 which will address the tunnel.
The Mayor opened the public hearing.
Don Batten stated he had spoken out of turn at the previous
meeting that the Belveron Association property owners were
capable of maintaining the culverts.
Karen Nygren, 22 Paseo Mirasol, questioned who would watchdog the
culverts an~ make sure maintenance was performed. Council
responded the Town's Public Works Department would do so.
8:15 P.M. - Councilman Spratling arrived.
Mrs. Nygren asked what kind of timber was used in the tunnel; how
long would it last; how was the tunnel filled, was it loose soil
or compacted fill? She also asked if the Town goes ahead and
approves the lot now knowing there is a tunnel and the tunnel
collapses with a house on it, does it make the Town libel?
TOWN COUNCIL MINUTES #721
March 5, 1986
Page 2
The Mayor noted the tunnel is adjacent to the Perini property not
on it.
Mr. Miller responded that timber rots out and the fill is not
compacted.
Mrs. Nygren noted that the Rottenberg's house is threatened by
the collapse of the Reedland Woods tunnel even though it is not
underneath their property. She asked Council to reconsider Lot 1
and maybe that lot should not be approved or the Town might be
libel.
Richard Anderson, 47 Mercury Avenue, asked if there were any
assurances that additional work would be done on property located
near his house in the Phase II section of the Perini development.
The Town Attorney stated they had no power to condition approval
of the Final Map for Phase I on another phase of the
subdivison. The Vice-Mayor stated he had visited the site and
saw the winterization improvements that had been done; stated it
was appropriate to bring the matter to the Council's attention,
however, the Council could not take any action at this meeting.
Gary Benson, Perini Land & Development Company, stated they were
not trying to dodge responsibility; they will continue to monitor
the situation; they have had a soils expert study the situation
and will notify Mr. Anderson of what course of action they will
follow.
The Town Attorney responded to Mrs. Nygren and stated the Town
has no liability in the State of California for discretionary
approval of maps or permits; the Town is immune from liability in
a circumstance as Mrs. Nygren described.
Mrs. Nygren asked if the Town would be libel if they made the
approval after the fact knowingly versus before the fact.
The Town Attorey responded that was a wholy different case and he
wouldn't want to speculate on that right now; if there was
evidence that it was simply unsafe and a hazard, there is a
provision in the Subdivison Map Act that permits any public
entity to refuse to approve a subdivison.
Yvonne Thurmond, 30 Paseo Mirasol, owner of the Reedland Woods
tunnel, stated she didn't believe the tunnel was back filled and
thinks its important to get specific records and data; their
tunnel was plugged and has caved in three times.
Mr. Miller acknowledged that he had received only verbal
information that the tunnel had been filled; the railroad will
not release their records.
TOWN COUNCIL MINUTES #721
March 5, 1986
Page 3
Mr. Schwartz, engineer for Perini, stated the President of
Ghilotti Bros. had told him the tunnel n ar the Perini property
was filled and the tunnel at Reedland Woods was plugged at each
end.
Mr. Schwartz responded to Mrs. Terrell that the sanitary drainage
was going away from her property.
In response to a resident, the Mayor read Mr. McLeod's letter and
stated the Town Engineer had already responded to it.
In response to Rich Clark, 100 Reed Ranch Road, the Council
stated there was a height limit of 24' or 175' elevation; any
concern regarding view blockage can be addressed at the Design
Review Board meeting when specific houses are addressed.
The Mayor closed the public hearing.
In response to Councilman Spratling, Mr. Miller stated he can't
second guess Mother Nature, but the soils report contained his
best advice at this time in regard to mitigation measures which
would make it safe to build on Lot 1.
Vice-Mayor Coxhead expressed concern that the Council's condition
regarding no fencing beyond the primary building envelope
prevented the Perini Company from fencing off the tunnel area.
The Town Attorney stated it was too late to change the Tentative
Map condition, however, the homeowners could amend the CC&R's to
permit the erection of the fence.
Vice-Mayor Coxhead stated he was in favor of the Town writing a
letter requesting them to do whatever is necessary to protect the
tunnel property.
MOTION:
Moved:
Vote:
To adopt Resolution Approving the Final Map for the
Perini Subidivision - Phase I
Coxhead, Seconded by Smith
AYES: Unanimous
ABSENT: Wilson
4. APPEAL OF STAFF DECISION POR OOMMERCIAL CHANGE OF USE
(1690 Tiburon Boulevard)
Item withdrawn at the request of the applicant.
5. BUILDING PERMIT ALLOCATION POLICIES AND PROCEDURES
(Consider Planning Commission's Recommendations)
The Planning Director stated there has not been a definitive
recommendation from the Planning Commission; there were some
members who favored the traditional issuance of building permits
on a first come first served basis. There was also discussion at
the Planning Commission meeting regarding whether the building
permit should be issued when the applicant originally requests
TOWN COUNCIL MINUTES #721
March 5, 1986
Page 4
it; whether the applicant should first go through design review
or whether the building permit should be issued after design
review and approval of the building inspector. The Planning
Commission will continue to discuss the matter on March 12.
Councilman Spratling stated the Council was going to take public
testimony as a courtesy to those who have been noticed that this
is a public hearing and the Council was not taking action before
receiving the Planning Commission's recommendations.
The Mayor opened the public hearing.
Bill Goldberg stated he had submitted an application for Design
Review in August, received approval and submitted an application
for a building permit prior to the enactment of the urgency
ordinance and felt he didn't fall under the urgency ordinance.
The Town Attorney stated the August 16 Urgency Ordinance removed
from the Town the power to issue Mr. Goldberg a building permit.
The Mayor closed the public hearing.
Item continued to the next meeting.
6. MASTER DRAINAGE FEE SCHEDULE (Increase Fees, Ordinance,
2nd Reading)
The Finance Director reviewed the Staff report. Drainage fees
for the Reed, Miraflores, Rock Hill and Downtown watersheds would
be eliminated and the Belveron watershed fee schedule would be
$2,031 per acre, .046 per sq.ft., but not less than $1,016 per
parcel.
The Mayor opened the public hearing. There being no comments,
the Mayor closed the public hearing.
MOTION:
Moved:
Vote:
To read by title only.
Spratling, Seconded by Coxhead
AYES: Unanimous
ABSENT: Wilson
The Mayor read ORDINANCE NO. 316 N.S., AN ORDINANCE OF THE TOWN
OF TIBURON AMENDING CHAPTER 14A OF THE TIBURON MUNICIPAL CODE
CONCERNING DRAINAGE FEES.
MOTION:
Moved:
Vote:
To adopt the aforementioned Ordinance.
Spratling, Seconded by Coxhead
AYES: Spratling, Coxhead, Smith, Bergmann
ABSENT: Wilson
TOWN CUUNCIL MINUTES #72l
March 5, 1986
Page 5
7. BUSINESS LICENSE ORDINANCE (Proposed Revisions - Ordinance,
1st Reading)
The Finance Director reviewed the Staff report. There were two
proposed changes: (1) the addition of "Constitutional
Apportionment" which would allow the Business License
Administrator to fix the tax on a measure of gross receipts which
fairly reflects the activity actually carried on within the Town
limits by a business whose office is outside the Town limits; (2)
eliminate the flat $84 fee per video game and include the gross
receipts generated by the video device into the gross receipts of
the business for purposes of calculating the business tax.
Discussion ensued regarding the undesirability of eliminating the
video game tax for purposes outlined in the Staff report.
The Mayor opened the public hearing.
Chris Morrison, The Attic, stated he owed $252 for three machines
and it would be extremely hard for the Town to collect that
money.
The Mayor closed the public hearing.
Council continued the item and directed Staff to gather
additional information regarding the video game tax.
G. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS
Warren Callister, Planning Commissioner, asked the Council for
instructions regarding the Planning Commission's review of the
draft EIR, and the Circulation and Land Use Elements of the
General Plan. Commissioner Bassett was also present.
Councilman Spratling responded in behalf of the Council that it
is easy to appreciate the dilemma of the Planning Commission
because there's so much conflict in the community and the need
for direction.
The Council determined at the time of making the assignment to
the consultant, which also constitutes the description of the
project for which the EIR was prepared, that the way to proceed
was with an amendment to the Circulation and Land Use Elements.
The Council' is aware that that will not represent a finished
product.
The Circulation Element will have to be looked at again,
hopefully with the benefit of input from the update that will
occur throughout 1986 with the volume studies and safety
studies. There are a lot of criteria to go into the update of
the Land Use Element besides the adoption of those supporting
policies which will simply implement the Circulation Element
which is the way it is presented. The Council is about to begin
hearings on the Zoning Ordinance; those hearings will also impact
the Land Use Element.
TOWN COUNCIL MINUTES #721
March 5, 1986
Page 6
Councilman Spratling stated that when the Council passed the
Urgency Ordinance, the Council said they were going to tackle
what seemed to be the two greatest concerns in the community and
were going to do it in the quickest way possible. One of the
goals out of the amendments to the Land Use and Circulation
Elements will be the objectives and supporting policies stated
therein which will provide the basis for implementation of
ordinances. The Council doesn't have to wait for a complete
amendment to the General Plan or even for the fine tuning or
integrated amendment to the Circulation and Land Use Elements in
order to develop ordinances that will implement the policies
stated therein. The Council's objective is to do an amendment
that will provide some objectives and supporting policies to
guide the Town in controlling the growth in Town, controlling the
traffic in Town: that will provide the basis for ordinances which
will then be consistent with the General Plan; basis for
ordinances which will provide those controls; continue this
update and when finished or somepoint during the update, when the
Planning Commission and Council feel comfortable, the Town will
then do the integration to come out with a polished Land Use
Element and updating of ordinances in the General Plan. He
stated that is the approach and is what the Council intended.
Councilman Spratling then addressed the EIR and stated it is an
EIR on that project; not on any other project, but on that
project. He noted the EIR in at least two places that he had
underlined stated the scope of the project; what the EIR
addresses and, felt to criticize the EIR because it doesn't
address more is to criticize the EIR for doing something it
didn't intend to do and the Council didn't assign to do.
He understood there are a number of problems with the EIR and
those have to be corrected; it is a draft EIR. Regarding the
schedule of public hearings, there are some caveats in the
schedule that were made at the time the Town adopted it and were
even expanded at the time that the Council asked the Town Manager
to send it to the general population. Those caveats are the
Planning Commission and Town Council guidelines. The target
dates are helpful. Our consultant told us before we set those
dates, that those dates were realistic dates or else the Council
wouldn't have done it. The consultant is the expert the Town
hired and he said we could meet those dates. If at any point,
the Planning Commission can't meet them then they just don't
forward a recommendation to Council. At any point the Council
thinks there have been insufficent public hearings, then the
Council doesn't act. Those dates are not absolute deadlines.
In response to Commissioner Callister, Council directed that the
Planning Commission can ask for further information from the
consultant if the information is within the scope of the original
project and not expanding into other aspects of the land uses not
touched here or to other elements.
- ,
"
TOWN,CO~CIL MINUTES #721
March 5, 1986
Page 7
ju('.r.'~.~..'..
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. .~
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GENERAL PLAN REVIEW AND ADDITONAL TRAFFIC STUDIES
The Planning Director referred to a memo from Mr. Pivo regarding
the continuing update of the General Plan and a traffic count
program. The estimated cost of the review of the General Plan
was not to exceed $2,000. The traffic counting program was
estimated to cost between $3,000 and $5,000.
Moved:
Vote:
To expend a maximum of $5,000 for an on-going traffic
count program which will include collector streets
Smith, Seconded by Spratling
AYES: Unanimous
MOTION:
Moved:
Vote:
To expend $2,000 for review the existing elements of the
General Plan
Smith, Seconded by Wilson
AYES: Unanimous
MOTION:
BELVEDERE/TIBURON JOINT RECREATION COMMITTEE MEETING
The Town Manager requested a meeting of the Mayor and Councilman
Smith with the Belvedere/Tiburon Joint Recreation Committee to
discuss the future of the child care center. The Mayor agreed to
set a meeting.
MABIN WINE & SPIRITS
The Planning Director stated the Marin Wine & Spirits Bottle Shop
has proposed to add to their existing facility a deli counter;
question rose whether that would be a change of use that would
create a substantial increase in traffic. As Planning Director
his decision was that would not be a substantial increase in
vehicles; there would remain the same number of employees. Asked
if the Council felt it needed further study.
Council discussed a possible review period.
If it comes to the Town's attention that a problem is being
created as a result of this particular use, the Council could
direct the matter be returned for their review at which time
conditions can be changed and the permit revoked.
SIGN ORDINANCE VIOLATIONS
In response to Mayor Bergmann, the Planning Director stated the
five businesses on Main Street in violation of the Town's sign
ordinance were advised to remove the signs; they have not been
removed and the Planning Director was pursuing the next step
which was to issue citations and further legal remedies to have
the signs removed.
TOWN COUNCIL MINUTES #721
March 5, 1986
Page 8
,B. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Bergmann adjourned the meeting at 10:00 P.M. to
March 18, 1986 to consider the EIR on Amendments to the Land Use
and Circulation Elements of the General Plan.
~~
VALERIE W. BERGMAN , MAYOR
ATTEST:
At/(P! r7 ..
R. L. K~I~ MANAGER/CLERK
TOWN COUNCIL MINUTES #721
March 5, 1986
page'
MINUTES
TOWN COUNCIL
CALL TO ORDER
Mayor Bergmann called the regular meeting of the Town Council of
the Town of Tiburon to order at 7:45 P.M., Wednesday, February
19, 1986, in the Hilarita Community Room, Tiburon, California.
A. ROLL CALL
PRESENT: COUNCILMEMBERS:
Spratling, Wilson, Coxhead, Smith
Bergmann
ABSENT: COUNCILMEMBERS:
None
EX OFFICIO: Town Manager Kleinert, Town Attorney
Ragghianti, Planning Director Hanna,
Town Engineer Bala, Chief of Police
Bailey, Superintendent of Public
Works Brunini, Finance Director
Nadritch, Assistant Town Clerk
Hennessy
B. APPBOVAL OF MINUTES
#719, February 5, 1986
MOTION:
Moved:
Vote:
To approve Minutes #719 as submitted
Smith, Seconded by Coxhead
AYES: Unanimous
c.
APPOINTMENTS TO OOMMISSIONS, BOARDS, COMMITTEES
There were none.
D. COMMISSION AND OOMMITTEE ORAL REPORTS
Mayor Bergmann reported the 101 Corridor Action Committee had met
with two representatives from the federal government who
expressed willingness to work with the County and Committee in
attempts to acquire the NWP railroad right-of-way from Corte
Madera north.
E. PUBLIC QUESTIONS AND COMMENTS
Don Batten extended his personal congratulations to the Town
Staff for their hard work during the recent storm.
TOWN COUNCIL MINUTES #720
February 19, 1986
Page 1
STORM REPOR'l'
The Town Manager gave Council an up-date on storm damage.
Overall the Town fared very well, with no major flooding or
drainage problems in the Belveron/Blackie's Pasture area or
around the Fire District or Post Office due to drainage
facilities installed by the Perini Corporation and Point
Tiburon. The Town Manager enumerated a few small slides and
areas of downed trees, flooding at Blackfield Drive and Tiburon
Boulevard and a cave-in at the old railroad tunnel near Paseo
Mirasol.
The Mayor expressed the Town's appreciation to the Police Chief,
the Town Engineer and the Superintendent of Public Works and
their Staff's for their outstanding efforts during the storm.
POINT TIBURON PROGRESS REPORT (M. Masterson)
Mr. Masterson stated the project was refinanced and the
contractor will be at 100% strength within a couple of weeks. He
presented the Council with a written schedule which enumerated
estimated completion dates, i.e., Bayside Residential Units,
April 30; Lagoon, 75 days after start depending on weather; Marsh
Restoration, May; Elephant Rock, May; Tennis Courts, June;
Commercial Buildings, June 27; Downtown Tiburon Boulevard
Landscaping, July; Lagoon Residential Units, August 6; Marsh
Residential Units, August 6; Beach Road, August.
In response to the Mayor, Mr. Masterson stated the parking lot is
open on the weekends, but is used as a staging area for the
construction company during the week. Discussion ensued
regarding Beach Road which had to be closed when heavy equipment
was crossing it and it was determined that the road would remain
closed until it could be permanently opened.
WOMEN'S HISTORY WEEK
Mayor Bergmann announced that March 3 - 9, 1986 has been
designated as Women's History Week.
F. CONSENT CALENDAR
Item 2 was removed from the Consent Calendar.
MOTION: To approve the Consent Calendar consisting of the
following item:
1. REVENUE SHARING (Auditor's Report of Compliance 1983-84)
Moved:
Vote:
Wilson, Seconded by Coxhead
AYES: Unanimous
TOWN COUNCIL MINUTES #720
February 19, 1986
Page 2
G. PUBLIC BEARINGS & BUSINESS ITEMS
3. HOBBS PROPERTY (BCDC's Request for Town Open Space and Park
Interest)
The Town Manager reviewed the Staff report. After the Town
Council granted approval for the Hobbs' application, BCDC
reviewed the application and determined the property had a BCDC
"Park Priority" designation. There was interest expressed at the
BCDC hearing by residents of Belvedere and Tiburon that they
would prefer the park priority designation remain on the property
for an additional 90-days so that members of the community might
organize an effort to meet with Mrs. Hobbs and negotiate to see
if there's a possibility of purchasing this property.
The Mayor opened the public hearing.
Richard Pact, attorney for Mary Hobbs, stated she opposed the
change in the Council's opinion at this late date; expressed
concern regarding the purpose of this 90-day delay; stated Mrs.
Hobbs has no desire to sell the property; there's nothing to be
gained by the Council's modification of a previous decision;
desirability of the property was not an issue; it is privately
owned property which the owner has lawfully pursued to develop
and has spent considerable time and money. Mr. Pact stated they
had been advised by BCDC that their application would be denied
or they should withdraw it because an additional extension could
not be granted under existing state law. The application has
been before the Town since December 1984 and the Town has stated
it has no intention of acquiring this property prior to 1990; the
action proposed is unnecessary; if the Town desires to condemn
this property it can do so whether the park priority designation
is on the property or not.
Councilman Spratling suggested the application could be withdrawn
without prejudice or denied without prejudice.
Stewart Hopkins supported the 90-day extension request. Fran
Mayberry stated people were acting belatedly because they were
unaware of the original application for the lot line adjustment;
suggested the Council ask BCDC to waive reapplication fees.
Wolfgang Zach, friend of Mrs. Hobbs, expressed his concern that
to take this property from a private citizen is absolutely
incredible; the delay was creating a financial burden; if Tiburon
or Belvedere acquired this property, he would not like to see
more congestion at this corner.
Eric Schmidt took exception to Mrs. Hobbs attorney's arguments;
green spots become more rare; events and needs change.
TOWN COUNCIL MINUTES #720
February 19, 1986
Page 3
August Strotz, architect and resident of Tiburon, felt it was a
moral issue; there are many building envelopes which allow for
greenness around the property; there's no need to take away
someone's property. The property should be condemned and bought
if the Town desires it, but a 90-day extension is useless or a
delaying tactic.
A resident stated that it may be necessary to condemn the
property in the future and it is not in the community's interest
to delay this process and allow a house to be built on this
property and condemn it at a later date. She asked that the
"park priority" status not be removed; this property was bought
with this priority in place in 1982.
Mary Poole, Tiburon resident, stated she lived on that property
for 20 years and had no idea it had a "park priority" designation
on it.
The Mayor closed the public hearing.
The Town Attorney stated the Town dosen't have a legal position
worthy of note; the Town can ask BCDC to extend the time for
action on the application so as to permit the residents time to
explore acquisition of the property; the Town does not desire to
acquire this property and has instituted no proceedings nor
evidenced any intent to acquire this property.
In response to Councilman Smith, several residents stated they
would organize a formal committee to raise money to buy the
property and negotiate with Mrs. Hobbs if the 90-day extension
was granted.
Discussion ensued amongst the Council and it was determined that
although the Town was not interested in acquiring the property,
members of the community who believe they can make an offer that
may be acceptable to Mrs. Hobbs ought to be given an opportunity
to do so.
MOTION:
Moved:
Vote:
Advise BCDC the Town supports an extension for
consideration of change of park priority designation
status for 90-days and respectfully requests
reapplication fees be waived and if they are not waived
then the Town will pay the reapplication fees that BCDC
may require.
Spratling, Seconded by Smith
AYES: Unanimous
4. PERINI PHASE I FINAL MAP (Resolution)
The Planning Director reviewed the Staff report. The subdivision
improvements were partially completed; the Council was to
consider whether the Final Map is in conformance with the
Subdivision map; the Town Attorney has reviewed the Subdivision
Improvement Agreement and has asked for some clarifications; with
TOWN COUNCIL MINUTES #720
February 19, 1986
Page 4
the clarifications, the Town Attorney believes the Subdivision
Improvement Agreement is appropriate; the Agreement states that
improvements will be completed or bonded.
The Town Attorney stated he had also requested some changes in
the CC&R's. The Town Attorney advised Council they could act on
the Final Map and condition approval on review of the Subdivision
Improvement Agreement.
The Town Engineer asked for clarification of a small slide
problem on Perini property behind 47 Mercury Avenue; this slide,
located in the Phase II section of the Perini property, was
repaired by the School District several years ago; some
winterization was done by Perini but recent rains have caused
some damage. He asked that this matter be resolved before the
Council approves the Final Map for Phase I.
Ms. McCart, representing Perini Land & Development Company,
stated they had reviewed the proposed changes to the Subdivision
Improvement Agreement and had no problem with the changes; there
was a reference to a bond and they had a $660,000 letter of
credit registered with the Town which guarantees their
performance and they felt that was sufficient guarantee. She
urged the Council not to delay this matter. She stated they had
done winterization on the slide area near 47 Mercury and would
continue to monitor it; assuming Perini can go forward with Phase
II, they will correct the slide next summer.
Mr. Miller of Harlan Miller Tait, geological consultants, stated
the old slide was trimmed out several years ago; should it move
down. there was a bench to catch it; when the area dries out,
further repairs can be done.
Mr. Anderson, 47 Mercury Avenue, asked for some assurance as to
when this repair will be completed; the problem arises as to who
owns the property; he asked that the situation be resolved as
part of the Phase I approval; he is attempting to refinance his
house and is unable to do so until this matter is resolved.
The Town Engineer suggested the Phase I improvement drawings
include this site.
The Town At~orney stated there are two separate matters before
the Council, i.e., whether the Final Map is in compliance with
the Tentative Map and in conjunction approval of the Subdivision
Improvement Agreement. The issue of the slide is not covered in
the Subdivision Agreement and has nothing to do with the purpose
of the Subdivison Agreement.
In response to Councilman Spratling, the Town Attorney stated he
did not mean to imply that guaranteeing repair of the slide
should not be a part of the Subdivison Agreement.
TOWN COUNCIL MINUTES #720
February 19, 1986
P~e5
Mr. Cohen, Collette & Ericson, asked that the Final Map be
approved even with conditions regarding final details of the
Subdivison Improvement Agreement. He stated Government Code
Section 66458 requires the Town Council to approve the Final Map
if it conforms with required laws.
In response to Councilman Spratling as to what he proposed the
Council should do, Mr. Cohen stated he thought the Council should
rely on Perini's fear of a law suit from the Andersons; didn't
see a legal basis for the Town to use this force against Perini.
After discussion, it was decided the Council wished to personally
review the Subdivison Improvement Agreement.
Vice-Mayor Coxhead requested that Map 3 be modified to comply
with Condition 11 in regard to Lot 8's elevation. Ms. McCart
agreed.
The Mayor opened the public hearing.
Rod McLeod, 21 Mercury Avenue, asked the Council to delay action
on this application until questions were clarified regarding who
would maintain the drainage facilities that had been installed.
The Town Engineer stated the Town will be responsible for pipes
within easements that the Town will accept; other areas will be
the responsibility of the property owners as outlined in the
CC&R's; he would not allow the Town to accept maintenance of the
concrete ditches. Mr. Bala stated he had requ red in the CC&R's
that the subdrainage pipes be checked annually.
Discussion ensued regarding the developer maintaining the
facilities for one year after construction, then the homeowners
association assesses each property; if the homeowners association
fails to maintain the ditches then the Town could enforce this
obligation by suing the association.
Councilman Spratling requested the Town Attorney to review this
matter regarding extra safeguards so that the Town has funds to
make sure the maintenance is performed.
The Town Engineer stated the subdivider will either construct
ditches on his property or will get permission from those
property owners who have ditches to concrete their ditches. If
the property owners allow their ditches to be concreted, then
they will become responsible for their maintenance.
Ms. McCart stated there were over 100 pages in the CC&R's; this
is a Common Interest Subdivision and the State requires a
detailed budget of the homeowners association; there was a
mechanism to be sure money is available for the maintenance.
The Town Attorney stated he has reviewed the CC&R's and has
suggested some changes.
TOWN COUNCIL MINUTES #720
February 19, 1986
Page 6
Linda Anderson, 47 Mercury, stated in 1982 the hillside came down
and they had water in their kitchen during the past week; she
asked Council to help them get satisfactory repairs from the
Perini Land & Development Company.
Bob Crowder, 80 Reed Ranch Road, asked what conditions of
approval have been placed on the Final Map with respect to the
flooding problem at the culvert on Reed Ranch Road. The Town
Engineer responded that the Marin County Flood District Zone 4
stated it was outside their jurisdiction; the Tentative Map
requires the subdivider to make sure that the drainage facility
will be in equal or better condition than at present; the
subdivider will have to reconstruct the entrance to the culvert
and install new trash racks. The Town Engineer stated that it
will be issued in writing that according to theoretical
computations the facility there today is not satisfactory to pass
a 25-year flood and not good enough to pass flood after
improvements, however it will be substantially improved. In
order for the facility to protect a 100-year storm, it would
require replacement of 200' of pipe. The subdivider had met the
conditions of the Tentative Map.
The Town Attorney stated conditions of approval for the Tentative
Map can not be changed after the Tentative Map has been approved.
Mayor Bergmann requested Staff to contact the Flood Control
District and determine why these property owners are paying into
the District if maintenance of this culvert is not the
responsibility of the District.
In response to Mr. Crowder, Mr. Schwartz, Perini Engineer, stated
he would provide him with a copy of the improvement drawings.
Karen Nygren stated it has been her experience that CC&R's are
unenforceable. Mrs. Nygren questioned why Tentative Maps were
being allowed to proceed to Final Map recordation and why grading
was taking place without improvements when Phase II had not been
approved. She stated previously granted approvals needed to be
re-evaluated after the General Plan was reviewed and amended.
The Mayor closed the public hearing.
Discussion ensued regarding whether the Final Map was in
conformance with the Tentative Map; the Council's desire to have
the Town Attorney research a means of assuring that funds would
be available for maintenance purposes if the homeowners
association was in default.
The Town Manager asked if there should be provisions in our
zoning ordinance to define what secondary building envelopes are
comprised of and what is allowed. Ms. McCart stated there was a
definition on the map.
TOWN COUNCIL MINUTES #720
February 19, 1986
Page 7
David Keller requested the Council to read the CC&R's before
approving the Final Map.
MOTION:
Moved:
Vote:
That Council makes a finding that the Final Map is in
substantial conformance with the Tentative Map and will
formally approve the Final Map for recordation after
review of the Subdivision Improvement Agreement, CC&R's
and Lot 8 is modified on the Final Map.
Spratling, Seconded by Smith
AYES: Unanimous
5. SASM PIPELINE (Maintenance Agreement and Release of
Easements)
The Finance Director reviewed the Staff report. SASM has agreed
to a maintenance program as outlined by the consultant, to
include the multi-use path and jogging path; any damage caused by
heavy equipment traversing the multi-use path during maintenance
and repairs would be repaired by SASM; repair of the pipe trench
failures and pavement restoration along the multi-use path. The
Town will execute grant easements and SASM will remit $21,000 as
its share of the April 1985 path restoration expenditure.
The Mayor opened the public hearing. There being no comments,
the Mayor closed the public hearing.
MOTION:
Moved:
Vote:
To authorize execution of the three grant easements
to SASM
Wilson, Seconded by Spratling
AYES: Unanimous
6. APPEAL STAFF DECISION (To Deny Change of Use - 1690 Tiburon
Boulevard)
This item was continued to the next regular meeting at the
request of the applicant.
7. SCHEDULE OF PBOPOSED PUBLIC BEARINGS (General Plan Elements &
EIR, Building Permit Allocation Policy & Procedure and Zoning
Ordinance)
The Town Manager reviewed a proposed schedule of public hearings.
Karen Nygren questioned the circulation of the Ark newspaper;
questioned whether this would be adequate noticing for the
Tiburon residents; suggested every residence be notified.
The Town Attorney stated the legal requirement was to publish a
notice in a newspaper of general circulation.
Discussion ensued regarding the importance of adequate noticing
and the importance of the issues.
TOWN COUNCIL MINUTES #720
February 19, 1986
Page 8
Fran Mayberry noted that it was an intense schedule for the
citizens. Frank Shaw noted pedestrian safety was not included in
the EIR for the Circulation Element.
After further discussion it was determined to send a calendar to
every residence in Tiburon; ask the Ark to publish the schedule
and send an immediate notice to the president of each of the
Homeowner's Associations.
8. DEVELOPMENT AGREEMENT PROCEDURE (Resolution)
The Planning Director reviewed the Staff report. State law
provides for the Town to adopt overall development agreement
procedures.
Councilman Smith requested the Resolution be consistent regarding
party to the agreement, property owner and/or applicant and also
that Mr. Hanna's title be Planning Director.
The Town Attorney stated State law provides that a property owner
may request the Town to enter into a development agreement. The
Town Attorney stated he and the Deputy Town Attorney discussed
whether the Town should have procedures that were not site
specific and therefore proposed general regulations so that any
developer could process an application and it had nothing to do
with committing the Town to do anything but to consider it.
The Mayor opened the public hearing.
In response to David Keller, the Town Attorney stated the Town
does not have specific procedures for development agreements; in
the past the development agreements related to a specific piece
of property.
The Mayor closed the public hearing.
Councilman Spratling stated he appreciated the Town Attorney's
work and he thought it should be in place after the course of
Tiburon is set as to how it will handle future development, he
thought it was inappropriate and premature to establish a
Development Agreement procedure.
MOTION:
Moved:
Not adopt a Development Agreement procedure because the
Town is of the position that it would be inappropriate
at this time to consider any applications for
development agreements which would require a procedure
to be in place.
Spratling, Seconded by Bergmann
The Town Attorney stated there's no obligation for the Town to
adopt this resolution at this time.
Vice-Mayor Coxhead stated he supported setting up procedures.
Councilman Wilson agreed that procedures should be established.
TOWN COUNCIL MINUTES #720
February 19, 1986
Page 9
Vote:
AYES:
NOES:
Spratling, Smith, Bergmann
Wilson, Coxhead
9. ANIMAL CONTROL ORDINANCE (Change in Fee Schedule, Ordinance,
2nd Reading)
The Council waived hearing the Staff report.
The Mayor opened the public hearing. There being no comments,
the Mayor closed the public hearing.
MOTION:
Moved:
Vote:
To read by title only.
Spratling, Seconded by Wilson
AYES: Unanimous
The Mayor read Ordinance No. 315 N.S., AN ORDINANCE OF THE TOWN
COUNCIL OF THE TOWN OF TIBURON AMENDING THE TOWN'S ANIMAL CONTROL
ORDINANCE BY ADOPTING BY REFERENCE AMENDMENTS TO THE MARIN COUNTY
ANIMAL CONTROL CODE PERTAINING TO INCREASES IN FEES FOR ANIMAL
CONTROL SERVICES
MOTION:
Moved:
Vote:
To adopt the aforementioned Ordinance
Spratling, Seconded by Wilson
AYES: Spratling, Wilson, Coxhead, Smith, Bergmann
10. MASTER DRAINAGE FEE SCHEDULE (Increase Fees, Ordinance, 1st
Reading)
The Finance Director reviewed the Staff report. Drainage fees
would be deleted from the Reed Basin, Miraflores, Rock Hill and
Downtown watersheds. The Belveron watershed proposed fee is
$2,031 per acre, .046 per sq. ft., but not less than $l,016 per
parcel.
The Mayor opened the public hearing. There being no comments,
the Mayor closed the public hearing.
MOTION:
Moved:
Vote:
To read by title only.
Wilson, Seconded by Coxhead
AYES: Unanimous
The Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON AMENDING CHAPTER 14A OF THE TIBURON MUNICIPAL CODE
CONCERNING ORAINAGE FEES
MOTION:
Moved:
Vote:
To pass first reading of the aforementioned ordinance.
Wilson, Seconded by Spratling
AYES: Spratling, Wilson, Coxhead, Smith, Bergmann
2. A~RD OF CONTRACT (Pedestrian Path & Footbridge at Trestle
Glen & Greenwood Passage)
The Town Manager stated this pedestrian path was a requirement of
CAL/TRANS in conjunction with the signalization project at
Trestle Glen. The low bidder was K3H for $29,760.
u
(ff
,~
TOWN COUNCIL MINUTES #720
Page 10
February 19, 1986
~ted he received three good recommendations
and K3H was certified by CAL/TRANS.
MOTION:
Moved:
Vote:
To approve award of contract to K3H
Smith, Seconded by Wilson
AYES: Unanimous
B. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS
a. Status of Tiburon Boulevard/Stewart Drive/Lyford Drive
Intersection Improvements (Oral Report by Town Engineer)
The Town Engineer outlined changes requested by CAL/TRANS at
these two intersections and the results of his negotiations with
them.
b. Letter from Carolyn Hay to Nancy Cappelloni dated February 3,
1986 (Earthquake Information Night)
c. Letter from Marin Senior Coordinating Council to the Town
dated February 5, 1986
d. Letter from Tiburon Ecumenical Association to Town Council,
dated February 10, 1986 recommending appointment to their
Management Board
With Council's consent, the Mayor appointed Hank Bruce to the
Tiburon Ecumencial Association Management Board as the Town
Council's liaison member.
I. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Bergmann adjourned the meeting at 11:45 P.M., sine
die.
TOWN COUNCIL MINUTES #720
February 19, 1986
Page 11
MINUTES
TOWN COUNCIL
CALL TO ORDER
Mayor Bergmann called the regular meeting of the Town Council of
the Town of Tiburon to order at 7:45 P.M., Wednesday, February 5,
1986, in the Hilarita Community Room, Tiburon, California.
A. ROLL CALL
PRESENT: c..UUNCILMEMBERS:
Spratling, Wilson, Coxhead, Smith
Bergmann
ABSENT: COUNCILMEMBERS:
None
EX OFFICIO: Town Manager Kleinert, Town Attorney
Ragghianti, Planning Director Hanna,
Chief of Police Bailey,
Superintendent of Public Works
Brunini, Assistant Town Clerk
Hennessy
B. APPROVAL OF MINUTES
#717, January 9, 1986
Councilman Spratling asked that his comments regarding the Fire
District be amplified on page 4, 6th paragraph, 7th line to read:
"Councilman Spratling stated on behalf of the Council that
Section 4(m) was drafted with the intent to permit Master or
Precise Plan amendments, use permits, variances or other land use
entitlements reasonably necessary to accommodate the Fire
District's desire to build a new fire house in a different
location as previously considered during the 1985 public
discussions regarding a possible amendment to the Zelinksy Master
Plan. II
Page 4, 9th paragraph, insert the words "on the urgency ordinance
or the moratorium" at the end of the first sentence.
MOTION:
Moved:
Vote:
To approve Minutes #717 as amended
Smith, Seconded by Coxhead
AYES: Unanimous
#718, January 15, 1986
Page 4, insert "if exceptions" before 4(e)
MOTION:
Moved:
Vote:
To approve Minutes #718 as amended.
Spratling, Seconded by Wilson
AYES: Unanimous
Ifi
" \"
TOWN COUNCIL MINUTES #7l9
February 5, 1986
Page 1
C. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES
There were none.
D. COMMISSION AND COMMITTEE ORAL REPORTS
PARK & OPEN SPACE COMMITTEE
Chairman McDonnell requested Council's consideration of a review
of procedure and policy regarding the placement of memorial
plaques in the Shoreline Park and the enactment of a "pooper
scooper" law. The Mayor referred the matters back to the Park &
Open Space Committee to formulate a policy statement regarding
plaques in the Shoreline Park and to draft a "pooper scooper"
law. The Mayor suggested the Commission review the landscape
plans for Shoreline Park and also consult the Superintendent of
Public Works.
PUBLIC SERVICE COMMITTEE
Councilman Wilson reported the Committee met and discussed the
proposal from Fern Loiacano and Gloria Gallow to have a Tiburon
Art Festival in the Shoreline Park. The Committee's
recommendation is not to approve this venture this year; this is
a commercial venture not sponsored by a Town organization; their
amended proposal suggests the sale of posters and proceeds to go
to the Landsmark Society and shuttle buses were mentioned but not
who would pay for them; thought the Council would look more
kindly on an event sponsored by a local group and not in the
downtown area but perhaps in Blackie's Pasture when it is
finished.
MOTION:
Moved:
Vote:
To deny the request for an arts festival in the
Shoreline Park during the summer of 1986.
Wilson, Seconded by Coxhead
AYES: Unanimous
E. PUBLIC QUESTIONS AND COMMENTS
John Collette, attorney for Perini Land & Development Company,
stated their Final Map was in the final phases of being
completed; in the meantime two architects had applied for Design
Review processing of five houses; had paid their fees and in
anticipation of the meeting scheduled for February 20 had erected
story poles at a cost of $2000; the Planning Director informed
Ms. McCart that they could process the Design Review with the
caveat that building permits were not assured; the developer
chose to proceed; subsequently the Planning Director informed Ms.
McCart that the Town could not proceed with the Design Review
approval process until the Final Map was filed. Mr. Collette
stated there was nothing in the Code that would prohibit
processing of Design Review; we are not asking for a building
permit and won't until the Final Map is filed; we are faced with
a month's delay if we have to wait until the Final Map is
TOWN COUNCIL MINUTES #719
February 5, 1986
P ag e 2
recorded; we are not assured of the right to do anything; we
understand we have to meet the traffic criteria and we are
prepared to deal with hat; we would like to proceed; we
recognize there's some risk but it is a risk we are prepared to
take.
Councilman Spratling stated he received a phone call from Rod
McLeod who asked him to raise the issue of whether or not the
Town permits the process of Design Review before the filing of a
Final Map.
The Town Attorney responded that the Town has never processed
Design Review until after the Final Map has been recorded; this
has been the policy of the Planning Staff. Mr. Ragghianti stated
he had informed Mr. Collette that the Town has been inundated
with work in connection with the present moratorium ordinance,
growth control ordinance, countless meetings that took a
considerable amount of time in December and January, as well as
review of the ballot inititive and the subject of a law suit that
Mr. Collette's firm has filed against the Town of Corte Madera;
the Town also has before it the prospect of allocating building
permits and the amendment of the General Plan and elements
contained in the General Plan; as well as conducting the day to
day affairs of running a Town with a relatively small staff. Mr.
Ragghianti stated he has told Mr. Collette that it is the policy
of the Town to have the Final Map recorded and then to process
Design Review, not that the Town would not process Design Review,
the Town will after the Final Map is recorded. It was the Town
Attorney's understanding that the direction from the Council is
to to go about the business of amending the General Plan and
attending to that as a priority; while there isn't anything that
particularly prevents Design Review from being heard before the
recordation of a Final Map, the Town doesn't have the Staff nor
the time to do that here.
Mr. Collette stated he believed there was some precedence set in
the Point Tiburon development agreement; he thought there were
unique circumstances and Perini was not asking for special
treatment.
MOTION:
Moved:
Vote:
Council ratify the statement of Town policy and
statement of circumstances which would cause the Town
to adhere to the implementation of that policy as
~tated by the Town Attorney
Spratling, Seconded by Coxhead
AYES: Unanimous
POLICE DEPARTMENT COMMENDATION
The Mayor commended the Police Department for their outstanding
work in apprehending a local burglar. The Mayor noted Chief
Bailey, Sgt. Don Comfort, Officer Dane Neilson, and Dispatcher
Guy Yost did an excellent job.
TOWN COUNCIL MINUTES #719
February 5, 1986
Page 3
P. CONSENT CALENDAR
MOTION:
To approve the Consent Calendar consisting of the
following items:
1. FINANCE REPORT (November and December 1985)
2. ACCEPTANCE OF GIFT DEED (Zelinsky Beach Road Property -
Resolution)
3. STIP PROJECTS 1986-87 TO 1991/92 (Approve Major Projects in
Marin County - Resolution)
Moved:
Vote:
Spratling, Seconded by Coxhead
AYES: Unanimous
G. PUBLIC HEARINGS & BUSINESS ITEMS
4. CATV MASTER FRANCHISE AGREEMENT (Approve Master Franchise
Agreement and Ordinance Amending Tiburon's Present
Cablevision provisions of Municipal Code - Ordinance, 2nd
Reading)
The Town Manager reviewed Staff report and enumerated specific
provisions that were applicable to the Town. Council's action
would be to approve the Master Agreement, authorize the Mayor to
execute the Agreement, adopt the ordinance repealing all
provisions in the Town's Code inconsistent with the provisions of
an existing agreement, and adopt the draft resolution which would
amend the Town's rates for the Community Antenna Television
System to conform with the provisions of the Master Agreement.
In response to Councilmember Spratling, Ms. Castellana, General
Manager of Viacom, stated there were provisions in the Agreement
for an assessment district to be created for a specific area of
Tiburon without assessing other subscribers.
The Mayor opened the public hearing.
Cassandra Crosby, Board of Directors Marin Video, a non-profit
organization of Channel 31, congratulated the committee for
working out the agreement with Viacom, but felt it was necessary
to voice their concerns. Ms. Crosby stated the proposed
Agreement would combine Channels 30 and 31, and they felt it was
important to retain a part of the system as separately owned and
operated by the public. She presented Council with written
statements and asked that this language be incorporated into the
Agreement.
Don Batten supported Viacom's Master Agreement and volunteered to
serve on an Oversight Committee.
Marcelline Alexander, Community Producer of Channel 31, stated
she received her training from them and noted her concern was
that public access was going to be totally conrolled by one
organization.
TOWN COUNCIL MINUTES #7l9
February 5, 1986
Page 4
The Mayor closed the public hearing.
Valerie Castellana stated the Board of Supervisors passed Channel
31's proposed language onto the Oversight Committee for review
and did not include it as part of the Master Agreement. Ms.
Castellano used a map to outline different types of service
throughout Marin County.
MOTION:
Moved:
Vote:
MOTION:
Moved:
Vote:
To approve the Master Agreement with the understanding
that the Council supports whatever recommendation was
made by the Board of Supervisors with respect to
guidelines to the Oversight Committee and authorize the
Mayor to execute the Agreement
Spratling, Seconded by Smith
AYES: Unanimous
To read by title only
Spratling, Seconded by Coxhead
AYES: Unanimous
The Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON REPEALING ALL PROVISIONS OF THE TIBURON MUNICIPAL CODE
INCONSISTENT WITH THE PROVISIONS OF AN EXISTING COMMUNITY ANTENNA
TELEVISION AGREEMENT
MOTION:
Moved:
Vote:
MOTION:
Moved:
Vote:
To adopt the aforementioned Ordinance No. 313 N.S.
Spratling, Seconded by Wilson
AYES: Spratling, Wilson, Coxhead, Smith, Bergmann
To adopt Resolution Establishing Rates for Community
Antenna Television System
Wilson, Seconded by Spratling
AYES: Unanimous
5. MASTER AND PRECISE PLAN AMENDMENT 9 MAIN STREET
(Christopher's Restaurant Deck Addition, Ordinance, 2nd
Reading and Resolution)
The Planning Director reviewed the Staff report.
The Mayor opened the public hearing. There being no comments,
the Mayor closed the public hearing.
MOTION:
Moved:
Vote:
To read by title only.
Spratling, Seconded by Wilson
AYES: Unanimous
The Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON APPROVING A MASTER PLAN FOR A DECK EXPANSION AT 9 MAIN
STREET
MOTION:
Moved:
Vote:
To adopt the aforementioned Ordinance No. 314 N.S.
Spratling, Seconded by Wilson
AYES: Spratling, Wilson, Coxhead, Smith, Bergmann
TOWN COUNCIL MINUTES #719
February 5, 1986
Page 5
Moved:
Vote:
To adopt a Resolution Approving a Precise Plan
Amendment for a Deck Expansion at 9 Main Street
Spratling, Seconded by Wilson
AYES: Unanimous
MOTION:
6. TIBURON SHORES (Final Map - Resolution)
The Planning Director reviewed the Staff report.
The Mayor opened the public hearing.
Fran Mayberry asked what was the consequences after approval of
the Final Map.
The Planning Director stated the applicant could proceed through
the screens established by the current moratorium ordinance.
The Town Attorney stated recordation of the Final Map is required
by State law; the lots come into legal existence; the applicant
has the right to apply for Design Review; the Town does not have
at the present time a procedure for the allocation of a building
permit.
Mrs. Mayberry stated the uncertainty of all these things is the
primary reason why the Save Tiburon Committee is pushing their
moratorium. She stated it looked to her that development will
proceed as scheduled.
Councilman Spratling disagreed and stated in his opinion no
action by the Council would lead anyone to believe development
will proceed.
The Mayor closed the public hearing.
Moved:
Vote:
To adopt the Resolution Approving the Final Map for
Tiburon Shores
Wilson, Seconded by Spratling
AYES: Unanimous
ABSENT: None
MOTION:
7. HOBBS' PROPERTY (BCDC's Request for Town Open Space and Park
Interest)
The Town Manager reviewed the Staff report.
Councilmember Smith stated the Open Space Committee had
conceptually identified open space that might be swapped or sold
and he suggested this idea be explored in connection with the
Hobbs property.
Councilman Spratling didn't think the Town could hold the
necessary public hearings within a 90-day period.
TOWN COUNCIL MINUTES #719
February 5, 1986
Page 6
Richard Frakes, representing Mrs. Hobbs, stated Mrs. Hobbs had
not been properly noticed; protested any action and requested
action be delayed until Mrs. Hobbs attorney could be in
attendance.
This item was continued to February 19.
8. APPEAL DESIGN REVIEW BOARD DENIAL (Variance Request &
Encroachment Permit - 1840-42 Vistazo West)
The Associate Planner reviewed the Staff report. The applicant
proposed a garage which encroachs on the Town's right-of-way and
a variance was required. Staff's recommendation is that the
necessary findings could not be made to grant a variance.
The Mayor opened the public hearing.
Rodney Freidman, applicant, stated the original Staff report to
the Board had supported the application. He reviewed his
application and showed slides of other garages in his
neighborhood and in similar situations.
In response to Councilmember Smith, the Associate Planner stated
the former Assistant Planner had supported the original
application before the initial Design Review Board public hearing
where questions were raised and facts brought out that Staff
reviewed and as a result the Staff recommendation was changed.
Mr. Bloch, neighboring property owner to the west, and
representing the property owner to the east, objected to the
granting of a variance; stated the application has been heard
five times and each hearing has voted it down.
The Mayor closed the public hearing.
MOTION:
Moved:
To deny appeal of Design Review Board decision
Wilson, Seconded, Coxhead
Councilmember Smith stated he had heard no new evidence to change
his previous denial. Mayor Bergmann stated it was important that
the Town justify findings necessary to grant a variance.
Vote:
AYES: Unanimous
ABSENT: None
9. OPEN SPACE ENCROACHMENT (Dr. Faidi - Miraflores Lane)
The Associate Planner reviewed the Staff report. Staff indicated
to the Design Review Board there were three issues to be
considered if additional parking and a gate were placed on Town
owned open space, i.e., design, access and precedent. Staff
recommended design was acceptable with conditions. The Board
denied the application based on the issue of impediment to open
space.
TOWN COUNCIL MINUTES #719
February 5, 1986
Page 7
Councilman Spratling stated the recommendation of the Design
Review Board must go to the Planning Commission with proper
noticing before being considered by the Council. Councilman
Spratling asked whether the Council wanted to support the
original gate and blockage of open space.
Discussion ensued regarding the developer's original
turnaround. Councilman Wilson stated the intent of the Planning
Commission was to make it an inviting entrance to the open space;
he would hate to see the entrance where people were forced to
walk around parked vehicles; the open space in that area was wet
and marshy; Fire District access is needed.
The Planning Director stated the request for encroachment on Town
Open Space requires Council's action.
Councilman Spratling questioned whether there had been sufficient
noticing and recommended the issue be referred to the Planning
Commission.
Dr. Faidi didn't consider his request an encroachment but simply
a request to extend Miraflores Lane to accommodate parking along
that street; he reviewed the history of the hammerhead being
painted red by the Fire District: thought the dead-end was a
design error. Dr. Faidi requested the road be extended 60' to
allow parking for two or three cars and he would pay for it.
MOTION:
Moved:
Vote:
To refer the matter to the Planning Commission for
recommendation with notice to the neighborhood and
notice in the Ark.
Spratling, Seconded by Smith
AYES: Unanimous
10. ANIMAL CONTROL ORDINANCE (Change in Fee Schedule, Ordinance,
1st Reading)
Council waived hearing the Staff report.
The Mayor opened the public hearing. There being no comments,
the Mayor closed the public hearing.
MOTION:
Moved:
Vote:
ro read by title only.
Spratling, Seconded by Smith
AYES: Unanimous
The Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON AMENDING THE TOWN'S ANIMAL CONTROL ORDINANCE BY ADOPTING
BY REFERENCE AMENDMENTS TO THE MARIN COUNTY ANIMAL CONTROL CODE
PERTAINING TO INCREASES IN FEES FOR ANIMAL CONTROL SERVICES.
MOTION:
Moved:
Vote:
To pass first reading of the aforementioned ordinance.
Spratling, Seconded by Wilson
AYES: Spratling, Wilson, Coxhead, Smith, Bergmann
TOWN COUNCIL MINUTES #719
February 5, 1986
Page 8
B. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS
a. Ltr. from RUSD to Mayor Bergmann re Crossing Guard, dated
1-22-86
The Town Manager reviewed the letter and suggested the Mayor
respond that the Town's policy has been to fund two crossing
guards at a cost of $6,000 annually and when intersections are
signalized the Town feels crossing guards are not required; if
the School District prefers to provide additional enforcement
perhaps funding might be provided from other sources such as the
Parent Teacher Association. The Mayor directed that a letter be
prepared and a copy be sent to the President of the Del Mar PTA.
b. Status of Tiburon Boulevard/Stewart Drive/Lyford Drive
Intersection Improvements (Oral Report by Town Engineer)
Item continued due to illness of Town Engineer.
I. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Bergmann adjourned the meeting at 10 P.M. sine
die.
~w~,~
ATTEST:
TOWN COUNCIL MINUTES #719
February 5, 1986
Page 9
MINUTES
TOWN COUNCIL
CALL TO ORDER
Mayor Bergmann called the regular meeting of the Town Council of
the Town of Tiburon to order at 7:35 P.M., Wednesday, January 15,
1986, in the Hilarita Community Room, Tiburon, California.
A. ROLL CALL
PRESENT: COUNCILMEMBERS:
Spratling, Wilson, Coxhead, Smith
Bergmann
ABSENT: COUNCILMEMBERS:
None
EX OFFICIO: Town Manager Kleinert, Town Attorney
Ragghianti, Planning Director Hanna,
Town Engineer Bala, Chief of Police
Bailey, Assistant Town Clerk
Hennessy
B. APPROVAL OF MINUTES
#715, December 18, 1985
Page 5, sentence was ch~n~ed to read: "The Town Attorney stated
the ballot measure recelvlng the highest affirmative vote would
be enacted if both measures passed."
MOTION:
Moved:
Vote:
To approve Minutes *715 as amended
Spratling, Seconded by Smith
AYES: Unanimous
#7l6, December 23, 1985
MOTION:
Moved:
Vote:
To approve Minutes *716 as submitted
Wilson, Seconded by Coxhead
AYES: Unanimous
C.
APPOINTMENTS ro COMMISSIONS, BOARDS, OOMMITTEES
There were none.
D. OOMMISSION AND OOMMITTEE ORAL REPORTS
Councilman Wilson reported he and the Mayor had attended the 101
Corridor Action Committee meeting on January 8 and several items
were discussed including status of consultant selection for Phase
II of the study; status of efforts to acquire NWPRR right-of-way;
TOWN COUNCIL MINUTES #718
January 15, 1986
Page 1
status to raise $100,000 to complete Phase II and transportation
system management projects being reviewed. Next meeting will be
February 12 at 8 P.M. and a representative of the Urban Mass
Transit Authority from Washington, D. C. will be present to
discuss funding mechanisms that might be available.
E. PUBLIC QUESTIONS AND COMMENTS
Ms. Fern Loiacano and Ms. Gallows proposed an annual art festival
to be held in the Shoreline Park during July or August; she
presented a written proposal to the Council. The Mayor referred
the request to the Council's Public Services Committee.
The Mayor announced that the Bay Area Red Cross would have a
simulated disaster operation at Levy Plaza on January 22.
F. CONSENT CALENDAR
MOTION: To approve the Consent Calendar consisting of the
following items:
1. POLICE REPORT (December 1985)
2. CLAIM AGAINST THE TOWN (Maghdissian - Recommend
Denial)
3. NOTICE OF ACCEPTANCE (Gilmartin Drive Assessment
District - Resolution)
4. NOTICE OF ACCEPTANCE (Trestle Glen Slide Repair -
Resolution)
Moved:
Vote:
Spratling, Seconded by Coxhead
AYES: Unanimous
G. PUBLIC BEARINGS , BUSINESS ITEMS
5. GROWl'H CDNTROL ORDINANCE BALLOT MEASURE (Final Review of Town
Council's Proposed Growth Control Ordinance for April 8, 1986
Municipal Ballot)
The Town Attorney reviewed the draft Growth Control ordinance and
several proposed changes including the incorporation of Appendix
A into sections of the ordinance, and the insertion of a new
paragraph 5.
The Mayor opened the public hearing.
George Silvestri, representing Mr. and Mrs. Agins, stated he
wanted to hear more discussion regarding the new paragraph 5, and
the necessity for future Council's to have a 4/5 vote in order to
change the growth control ordinance. Mr. Silvestri also stated
that his interpretation of Ordinance No. 312 N.S., adopted by the
Council on January 9, 1986, regarding the subdivision clause
where major improvements had been constructed would include the
TOWN COUNCIL MINUTES #718
January 15, 1986
Page 2
Agins property and they would proceed accordingly. Mr. Silvestri
also suggested that the draft growth control ordinance include
the wording "if this growth control ordinance is adopted, it
would prevail and supercede over the moratorium ordinance".
Councilman Spratling stated he didn't think Mr. Silvestri's
interpretation of Ordinance No. 312 N.S. was a proper subject for
this meeting, however, he wanted to state that Mr. Silvestri
could not bind the Council to his interpretation as presented;
interpretation of exemptions allowed in Ordinance No. 312 N.S.
will be made by Staff and Council on an individual basis.
Councilman Spratling stated and Council agreed that they didn't
necessarily agree with Mr. Silvestri's interpretation and it is
an issue for another time.
Councilman Spratling stated he felt the 4/5 vote requirement to
make any changes in the proposed growth control ordinance was
justified because the Council was proposing a permanent ordinance
before the voters; it should not be easily changed; the provision
was included in the event there is a clear-risk of liability or a
significant reason to change the ordinance. The other Council-
members agreed.
Bill Goldberg stated he thought the proposed ordinance was
incredibly verbose and redundant. The Town Attorney responded
that the courts are quite clear that findings must be set forth
in detail to justify them; lawyers write it that way to satisfy
legal requirements.
Rod Bessolo, Paseo Mirasol, suggested the ordinance refer to the
"new" General Plan that will be written. The Town Attorney
responded the sections referred to were recitals and necessary
from a legal standpoint and not an endorsement of the current
General Plan nor did it mean that the Council doesn't intend to
go forward and amend the General Plan.
Mr. Bessolo asked the Council to reduce the 1.25% annual growth
rate.
Larry Duke stated that if a subdivision with one house might be
exempted, he believed the Hexan development should be exempted on
the basis it's a subdivision with improvements completed before
the morator~um but no houses; it is adjacent to the Cibrian
subdivision which has houses; thought it would be beneficial to
the school district to allow this exemption.
Councilman Spratling stated tonight's meeting was not the time to
discuss these considerations; the impact on the school district
would be significant criteria and discussed at future public
hearings.
TOWN COUNCIL MINUTES #7l8
January 15, 1986
Page 3
Fran Mayberry asked if exceptions under Section 4(e) would go
through both screens and Councilman Spratling responded no. The
Town Attorney also stated that either ordinance if adopted would
go into effect, 10 days after the date of election.
Karen Nygren objected to the words "moratorium is an inadviseable
means of control"; thought the Tiburon Wye should be included as
an intersection; on page 8(c) she suggested the use of 10%
increase in wait time instead of level of service; page 5, she
felt the Town would be charged with discrimination if subsection
(i) was allowed; page 7, section 4, objected to use of the word
permanent and suggested it be deleted; felt the word permanent
was misleading with the new section 5 inserted; asked that
wording be included to make sure the top of hills could not be
removed; suggested the use of .5% growth rate.
In response to Councilman Smith, Mrs. Nygren stated she didn't
see any problem in having the last 20% of the Town developed over
the next 40 years.
Mrs. Nygren read an article from the Ark newspaper dated June 4,
1975 entitled the Tiburon Circulation Element Keeps Going in
Circles and noted the Town has never done an EIR on the General
Plan.
Rufus Thayer noted Ordinance No. 312 N.S. used the wording
"contemplated revision of the General Plan" and not just the
Circulation Element and suggested this same wording be used in
the draft growth control ordinance.
The Mayor closed the public hearing.
Each of the Councilmembers responded to various comments. Vice-
Mayor Coxhead wanted paragraph (f) on page 2 deleted; the other
Councilmembers disagreed.
In response to Fran Mayberry, the Town Manager stated ballot
measure arguments would be ready by Monday.
6. CATV MASTER FRANCHISE AGREEMENT (Consider Master Franchise
Agreement and Introduce Ordinance Amending Tiburon's Present
Cablevision Provisions of Municipal Code - Ordinance, 1st
Reading)
The Town Manager reviewed the Staff report and points of
particular interest, including Section 13 of the Agreement which
referred to the line extension policy. The Town Manager noted
that Leonard Sperry had written a letter in support of the
Agreement. Council's action was to approve the Agreement in
concept and pass first reading of the ordinance which would
repeal all privisions of the municipal code inconsistent with the
provisions of the proposed agreement.
TOWN COUNCIL MINUTES #718
January 15, 1986
Page 4
The Mayor opened the public hearing.
Valerie Castellana, General Manager of Viacom, stated the
Agreement culminated three years of negotiations with Marin
cities and the County.
In response to Councilman Spratling, Ms. Castellana stated that
Tiburon subscribers could pay an additional fee for Tiburon line
extensions.
The Council expressed their appreciation to Ms. Castellana for
Viacom's efforts and cooperation with the cities in achieving the
goals and standards as set forth in the Master Agreement.
Ms. Castellana agreed to bring a revised map to include the
annexed area of Tiburon to the next meeting.
The Mayor opened the public hearing. There being no comments,
the Mayor closed the public hearing.
MOTION:
Moved:
Vote:
To read by title only.
Spratling, Seconded by Smith
AYES: Unanimous
The Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON REPEALING ALL PROVISIONS OF THE TIBURON MUNICIPAL CODE
INCONSISTENT WITH THE PROVISIONS OF AN EXISTING COMMUNITY ANTENNA
TELEVISION AGREEMENT.
MOTION:
Moved:
Vote:
To pass first reading of the aforementioned ordinance.
Coxhead, Seconded by Spratling
AYES: Spratling, Wilson, Coxhead, Smith, Bergmann
7. MARIN RECYCLING & RESOURCE RECOVERY ASSOCIATION (Annual
Review & Proposed Surcharge Increase for Curbside Recycling
Program)
The Town Manager reviewed the Staff report. The Marin Recycling
& Resource Recovery Association had submitted their annual review
and requested an increase of 20c on their 40c monthly surcharge;
lower commodity prices and a significant increase in their
insurance rates necessitated the monthly increase. Staff
recommends ~pproval.
Joe Garbarino, President of MRRA, stated the main culprit was the
skyrocketing insurance costs and reduced paper rates; he
enumerated the significant increase in collections and plans for
the San Quentin disposal site which will close in October. The
new plant will process wood products and it will be sold as fuel.
The Mayor opened the public hearing.
TOWN COUNCIL MINUTES #7l8
January 15, 1986
Page 5
The Town Manager introduced Skip Lucase who had prepared the
annual report. There being no questions or comments, the Mayor
closed the public hearing.
MOTION:
Moved:
Vote:
To approve the request for an increase of 20~ effective
April 1, 1986
Wilson, Seconded by Smith
AYES: Unanimous
8 . MASTER AND PRECISE PLAN AMENDMENT 9 MAIN STREET
(Christopher's Restaurant Deck Addition, Ordinance, 1st
Reading)
The Planning Director reviewed the Staff report. The addition
was for 330 sq. ft. and not 620 sq. ft. as stated in the Staff
report. The applicant proposed to extend the second level deck;
remove tables and chairs from the lower deck and place benches to
be used by pedestrians in the lower portion; stairs leading to
the upper level will be moved to the opposite side of the
building.
The Mayor opened the public hearing. There being no comments,
the Mayor closed the public hearing.
Discussion ensued regarding the railing between this building and
McDonough's property and the possibility of moving the Angel
Island Ferry dock. Council stated they would like to pursue
these ideas in the future.
MOTION:
Moved:
Vote:
To read by title only.
Coxhead, Seconded by Smith
AYES: Unanimous
The Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON APPROVING A MASTER PLAN FOR A DECK EXPANSION AT 9 MAIN
STREET.
MOTION:
Moved:
Vote:
To pass first reading of the aforementioned ordinance
with the understanding that the square footage be 330
sq. ft. and to delete the word "unreasonably" from
Section 2, subparagraph (2).
Wilson, Seconded by Smith
AYES: Spratling, Wilson, Coxhead, Smith, Bergmann
NOES: None
B. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS
The Town Manager stated the Parks & Open Space Commission wanted
to have a workshop with the Council. Council suggested a date be
set in February.
TOWN COUNCIL MINUTES #718
January 15, 1986
Page 6
I. EXECUTIVE SESSION
The Town Council adjourned to Executive Session at 9:55 P.M.
J . ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Bergmann adjourned the meeting at 10:40 P.M. to
Saturday, January 18, 1986 at 4:30 P.M. in the Town Hall.
~<<~~
VALERIE W. BERGMANN, OR
ATTEST:
R.~~NAGER/CLERK
TOWN COUNCIL MINUTES #718
January l5, 1986
Page 7
MINUTES
ADJOURNED
TOWN COUNCIL
CALL TO ORDER
Mayor Bergmann called the adjourned meeting of the Town Council
of the Town of Tiburon to order at 7:40 P.M., Thursday, January
9, 1986, in the Hilarita Community Room, Tiburon, California.
A. ROLL CALL
PRESENT:
COUNCILMEMBERS:
Spratling, Wilson, Coxhead,
Smith, Bergmann
ABSENT:
COUNCILMEMBERS:
None
EX-OFFICIO:
Town Manager Kleinert, Town
Attorney Ragghianti, Planning
Director Hanna, Planning
Consultant Pivo, Town Engineer
Bala, Supt. of Public Works
Brunini, Chief of Police
Bailey, Assistant Town Clerk
Hennessy
C. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES
BELVEDERE/TIBURON JOINT RECREATION COMMITTEE
The Mayor announced that the Reed Union School District nominated
Judy Bloch as their Trustee representative to the
Belvedere/Tiburon Joint Recreation Committee.
Moved:
Vote:
To appoint Judy Bloch to the Belvedere/Tiburon
Joint Recreation Committee.
Smith, Seconded by Coxhead
AYES: Unanimous
MOTION:
The Mayor expressed the Council's appreciation to Jack Lewis for
the time he served on the Board.
ABAG
MOTION:
Moved:
Vote:
To, support the reappointment of Barbara Kondylis as
ABAG's representative to BCDC
Wilson, Seconded by Smith
AYES: Unanimous
D. COMMISSION AND OOMMITTEE ORAL REPORTS
There were none.
TOWN COUNCIL MINUTES #717
January 9, 1986
Page 1
E. PUBLIC QUESTIONS AND COMMENTS
There were none.
F. CONSENT CALENDAR
MOTION: To approve the Consent Calendar consisting of the
following items:
1. "NO PARKING" ALONG TIBURON BOULEVARD (Establish No Parking
Zone on South Side of Tiburon Boulevard between San Rafael
Avenue and Ned's Way)
2. RICHARDSON BAY REGIONAL AGENCY (Approve Recommendations of
Houseboat and Live-aboard Committee)
3. MARIN STREET LIGHT ACQUISITION JOINT POWERS AUTHORITY
(Approve Amendment to JPA)
Moved:
Vote:
Spratling, Seconded by Wilson
AYES: Unanimous
G. PUBLIC HEARINGS & BUSINESS ITEMS
5. GROWl'H OONTROL BALLOT MEASURE ORDINANCE (Final Review by Town
Council)
The Mayor announced that the ordinance had not be finalized and a
draft would be available after 3 P.M. on Monday, January 13, 1986
and reviewed at the next Council meeting on January 15, 1986.
4. MORATORIUM ORDINANCE (To Consider Final Extension of Revised
Urgency Moratorium Ordinance)
The Town Attorney reviewed the background and stated the Council
would be considering a further amendment to Ordinance No. 307
N.S. which was adopted in October, 1985 and subsequently amended
in November; he stated Council had the authority to extend this
ordinance once more and recommended the Council extend the
moratorium for one year. The Town Attorney reviewed each
individual section of the ordinance and outlined wording changes
to be considered that were not reflected in the draft.
The Mayor opened the public hearing.
George Silvestri, attorney for Mr. and Mrs. Don Agins, asked if
Council has the authority to shorten the length of the moratorium
in recognition of what the voters might decide in April. The
Town Attorney responded yes, and also stated that either measure
would supercede this ordinance if passed by a majority of the
voters, or this ordinance would remain in effect if neither
measure passes. The Town Attorney also stated he was making sure
the Council sponsored initiative was inconsistent with the Save
Tiburon Committee initiative and according to the Government Code
if there are two conflicting ordinances, the ordinance receiving
the highest number of affirmative votes is in control.
John Collette, attorney for Perini Land & Development Company,
TOWN COUNCIL MINUTES #717
January 9, 1986
Page 2
questioned why the exemption regarding those entitled to file a
final map had been deleted from the draft ordinance. The Town
Attorney responded that it wasn't necessary to make an exemption
since the law allows Final Map filing. Mr. Collette suggested,
and Council agreed, to insert the words "except as otherwise
allowed herein" in Section 4, first sentence, following the word
"contrary".
In response to Mrs. Nygren, Mr. Pivo explained the difference
between the manuals used as cited on page 4, subparagraph (iv).
In response to George Wells, Point Tiburon, the Planning Director
stated that the Point Tiburon project had received building
permits and started construction before the moratorium so that
the initial occupancy of the commercial buildings was excluded.
Mayor Bergmann noted that all commercial uses must be reviewed
and approved by the Town subcommittee. Councilman Spratling
emphasized that the traffic figures used for the studies assumed
the buildout of the Point Tiburon residential and commercial
project.
Richard Rozen, representing Reed Union School District,
enumerated the possible lost income if the School District was
unable to sell its property.
In response to Warren Callister, representing a client and not as
a Planning Commissioner, the Planning Director stated that condos
requiring the filing of a 2 lot subdivision would be included in
Section 4(h) of the exemption.
Mr. Silvestri suggested additional wording to include "which
shall take effect upon adoption by the voters" to clarify the
issue if the ballot measures passed.
Mary Terrell, Lower North Terrace, wanted the Minutes of the
meeting to record there was a mistake in the Legal Notices
printed in the Ark regarding the proposed ballot measures.
Jim Kautz, School District, stated the traffic study's computer
generated levels of service were based on an unrealistic
assumption that all sites will be built without mitgating
efforts; thought the School District would take an active role
against the moratorium; asked that the interim ordinance not be
extended further than the election.
Neill Smith" 3700 Paradise Drive, recommended the ordinance not
be extended longer than six months; thought the traffic report on
Tuesday night was quite meaningful and corroborated Staff's
interpretation; it showed that in order to achieve a C level of
transportation, 400 current units would have to be removed; asked
Council to look toward long term growth control problems as soon
as possible.
TOWN COUNCIL MINUTES #717
January 9, 1986
Page 3
In response to Mr. Bessolo, Mr. Pivo explained the unique nature
of Tiburon Boulevard and the lower level of service experienced
by persons making left hand turns.
Mr. Bessolo asked Council to further reduce the number of
permitted units to be built annually.
Yvonne Riordan, Trustee of the RUSD and the Tiburon Peninsula
Foundation, emphasized the loss of income would severely restrict
the shcool's programs; urged Council to consider ending the
ordinance at the time of the election.
Helmut Sommer asked what the moratorium would resolve. Mr. Pivo
enumerated proposed improvements along Tiburon Boulevard and the
Mayor stated Staff needed the time to review the General Plan.
Neil Eisenberg, attorney for Taldan Corp., sited a recent court
decision which he felt would invalidate the initiative and it
would be disqualified by the courts before the election.
Dave Hanson, member of the Fire District Board, and also
representing the volunteer firemen, stated they appreciated the
exemption in 4(m), but was present to remind the Council that
they have spent 2 1/2 years negotiating for trading of properties
necessary to build a new fire station; hoped the proposed
ordinance would include those aspects needed by the District.
Councilman Spratling stated on behalf of the Council that Section
4(m) was drafted with the intent to permit Master or Precise Plan
amendments, use permits, variances or other land use entitlements
reasonably necessary to accommodate the Fire District's desire to
build a new fire house in a different location as previously
considered during the 1985 public discussions regarding a
possible amendment to the Zelinksy Master Plan.
In response to Nat Marans, Mr. Pivo stated Point Tiburon's
proposed traffic had been included in their traffic model.
In response to Victor Gonzales, Taldan Corp., Mr. Pivo stated
traffic capacity includes traffic generated by both the
residential and commercial uses.
Ted Krines, 58 Paseo Mirasol, stated without taking a position,
on the urgency ordinance or the moratorium he recommended the
Council drop "level of service" from their vocabulary; thought it
could be interpreted anyway one wanted; it does not measure
safety concerns and other concerns mentioned; urged Council to
redo the entire General Plan not just two elements; suggested
everyone interested become a part of the General Plan revision.
In response to Bill Goldberg, the Planning Director stated the
traffic model would be used to make the determination by Town
Staff required by Section 5; mechanism for issuing building
permits has not been determined.
TOWN COUNCIL MINUTES #717
January 9, 1986
Page 4
The Mayor closed the public hearing.
The Council decided to delete "of certain elements" on Page 1,
Section 2, 8th line. After considerable discussion, the Council
decided the date for expiration of the ordinance to be "January
8, 1987".
MOTION: To read by title only with the understanding the
ordinance includes the date of January 8, 1987 and other
modifications suggested by Staff and others at this
hearing.
Moved: Spratling, Seconded by Wilson
Vote: AYES: Unanimous
The Mayor read AN INTERIM URGENCY ORDINANCE EXTENDING AND FURTHER
AMENDING ORDINANCE NO. 307 N.S., PROHIBITING ANY USES THAT MAY BE
IN CONFLICT WITH A CONTEMPLATED GENERAL PLAN AMENDMENT AND
ATTENDANT ZONING PROPOSALS PURSUANT TO CALIFORNIA GOVERNMENT CODE
SECTION 65858.
MOTION: To adopt the aforementioned ordinance as an Urgency
Ordinance
Moved: Smith, Seconded by Spratling
Vote: AYES: Spratling, Wilson, Coxhead, Smith, Bergmann
NOES: None
ABSENT: None
B. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS
There were none.
I. EXECUTIVE SESSION
The Town Council adjourned to Executive Session at 9:55 P.M.
I. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Bergmann adjourned the meeting at 11:10 P.M., sine
die.
(j~~
VALERIE W. BERGMANN, YOR
Town of Tiburon
ATTEST:
~~NAGER/CLERK
TOWN COUNCIL MINUTES #717
January 9, 1986
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