HomeMy WebLinkAboutTC Min 1986 (July thru December)
WORKSHOP SESSION
TOWN COUNCIL, PLANNING COMMISSION &
GENERAL PLAN GOALS COMMITTEE
TOWN OF TIBURON
TIBURON LODGE
DATE: DEC. 11, 1986
TIME: 7:30 P.M.
Mayor Duke called the workshop to order at 7:40 p.m.
A. ROLL CALL:
TOWN COUNCILMEMBERS PRESENT:
Mayor Duke, Councilmembers
Coxhead, Mayberry, Shaw,
Wilson
ABSENT:
None
PLANNING COMMISSIONERS PRESENT: Chairman Callister,
Commissioners Nygren, Rolph,
Thayer
ABSENT:
Bassett, Friedman, Siewert
GENERAL PLAN GOALS COMMITTEE
MEMBERS PRESENT:
Chairman Bessolo, Members
Bennett, Goldberg, McLeod
ABSENT:
Harris
EX OFF ICIO :
Town Manager Kleinert,
Planning Director Scoles,
Town Attorney Ragghianti,
Special Counsel Shute and
Hooper, Clerk Baucom
B. DISCUSSION ITEM:
1. General discussion of the proposed amendment to Measure
C as it relates to the General Plan Revision.
Mayor Duke explained that the meeting was open to the public but
that the discussion item was not for public comment; stated that
the purpose of the workshop was to provide the General Plan Goals
Commitee Members and the Planning Commissioners information on
the proposed moratorium amendment; introduced Town Attorney
Ragghianti and Special Counsel Shute and Hooper, stating that
they were available to answer questions; added that a number of
written questions had been submitted and that the counsel would
attempt to answer all of them.
TOWN COUNCIL MEETING #752
December 11, 1986
Page 1
Town Attorney Ragghianti, before addressing questions, stated
that some of the questions were that of policy rather than legal
matters and that it was not counsel's place to answer policy
questions; stated that the questions ranged from discrimination
to statute of limitations; in response to a question regarding
statute of limitations, stated that California Government Code
Section 65009 (c) (2) provides a limitation period of 120 days for
any proceeding to challenge the adoption or amendment of a zoning
ordinance; stated that 65009 would protect Measure C if the new
ballot measure passes.
Special Counsel Hooper stated that research has shown no cases to
support the argument that amendment of an ordinance would start a
new statute of limitations to challenge the original provisions
of the ordinance after the statute of limitations had run as to
the original ordinance.
Responding to a question of discrimination, Town Attorney
Ragghianti stated that a claim that a property owner who has
partial approval of a subdivision but no final map is being
discriminated against by the Town would not be successful.
In response to Goals Committee Chairman Bessolo's question
regarding the Agins and Bank of the Orient lawsuits and the
different settlements by each, Special Counsel Shute stated that
the courts have established that there can be a rational basis
for different settlements; stated that he would be happy to
defend the Town's position adding that he is very confident for
the Town.
Town Attorney Ragghianti stated that the lawsuits that have been
settled have had stipulations that the plaintiff in each case has
waived the right to challenge other the settlements. Special
Counsel Hooper added that the stipulations each have many
provisions and are to be considered separately.
Planning Commissioner Rolph stated that it seemed as though the
real issue was cost of attorney fees; asked if the Town can
recover attorney fees from plaintiffs if the Town prevails in a
lawsuit. Town Attorney Ragghianti stated that it would be
unlikely that the Town would be able to recover fees even in the
event of a victory.
In response to a written question posed by Commissioner Nygren,
Special Counsel Hooper stated that the Town is obligated to live
up to the stipulations of the agreements.
In response to another question from Commissiner Nygren, Special
Counsel Hooper statead that paragraph 2.04 of the stipulation
with Perini merely recognizes that no further Town approvals are
required for Perini's Master Plan for the project; stated that
the Perini Master Plan applies to both Phase I and Phase II and
was approved prior to the adoption of Measure C; stated that this
in no way aexempts Perini from further Town reviews and approvals
TOWN COUNCIL MEETING #752
December 11, 1986
Page 2
to obtain its Tentative Map for Phase II; noted that Perini
contends, and has reserved its right to argue, that its Tentative
Map for Phase II has already been deemed approved as a matter of
law because the Town did not act on its application before May,
1986, however the Town disputes this argument and has reserved
its right to dispute this issue if it is raised by Perini.
Regarding the permit allotment procedure, Vice Mayor Coxhead
questioned the practicality of processing applications during the
General Plan revision period.
Town Attorney Ragghianti stated that the Town has one year from
the date of an application to act on the application; stated that
the Permit Streamline Act states that if no writing is sent to
the applicant indicating that the application is incomplete then
it is automatically deemed complete on the 30th day after it has
been received.
In response to Councilwoman Mayberry, Planning Director Scoles
stated that it takes 2-3 weeks with revisions to deem an
application complete.
In response to Goals Commitee Member Goldberg's questions
regarding current or past court cases which may effect the
litigation in Tiburon, Town Attorney Ragghianti stated that there
are cases at the California Supreme Court or the United States
Supreme Court which, depending on the outcome, may affect the
Town's approach to the litigation.
Special Counsel Shute stated that there are three cases in the
United States Supreme Court dealing with land use regulations and
that the court is taking a look at the relationship between
government regulations and property rights; stated that courts
are leaning toward the side of private property owners because of
concern about violations of civil rights; stated that the Council
has not violated the Brown Act by discussing the moratorium
litigation in closed sessions.
In response to Goals Committee Member Goldberg's question
regarding the General Plan update, Town Attorney Ragghianti
stated that the Town must be consistent in its judgment, and if
the Town can demonstrate that it is unsafe to build, it can
refuse to issue a permit; stated that public safety is the most
important thing.
Mayor Duke stated that the cost of litigation has partially
spurred the new ballot measure but that the Council supports the
ides of allowing the public to take a second look at Measure C
and to reconsider the inclusion of single family homes on
existing lots.
TOWN COUNCIL MEETING #752
December 11, 1986
Page 3
Town Attorney Ragghianti, responding to Commissioner Thayer's
question of whether or not the voters are being asked to approve
the four (4) stipulations that the developers reached during
negotiations, stated that the Town contends that the voters are
being asked to decide whether or not homes can be built on
existing single family lots.
In response to another question from Commissioner Thayer, Town
Attorney Ragghianti stated that under the stipulations, only the
three Agins lots are exempt from new building and planning
policies arising out of changes in the General Plan. In response
to another question, Town Attorney Ragghianti repeated that the
amendment to Measure C, if adopted, would open a new l20 day
statute of limitations for challenges to the amendment itself,
but that the original provisions of Measure C are insulated from
additional suites.
In response to Commissioner Nygren, Town Attorney Ragghianti
stated that approximately $l8,000 has been spent by the Town thus
far on negotiating the four stipulations. Town Manager Kleinert
added that, since the moratorium began, the Town has spent
$l10,000 for litigation costs.
C. ADJOURNMENT
There being no further business before the Town Council, Planning
Commission and Goals Committee of the Town of Tiburon, Mayor Duke
adjourned the meeting at 10:40 p.m.
(~
ATTE&1~
R.L. KLEINERT, TOWN MANAGER/CLERK
TOWN COUNCIL MEETING #752
December 11, 1986
Page 4
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, December 3,
1986, in the Tiburon Lodge, Tiburon, California.
A. ROLL CALL
PRESENT:
COUNCILMEMBERS:
Mayberry, Wilson, Coxhead,
Shaw, Duke
ABSENT:
COUNCILMEMBERS:
None
EX OFFICIO:
Town Manager Kleinert, Deputy
Town Attorney Goldfien, Supt.
of Public Works Brunini, Chief
of Police Bailey, Planning
Director Scoles, Finance
Director Nadritch, Assistant
Town Clerk Hennessy
B. APPO I NTMENTS TO CDMMISS IONS, BOARDS, COMMITTEES
There were none.
C. COMMISSION AND CDMMITTEE ORAL REPORTS
There were none.
D. PUBLIC QUESTIONS AND CDMMENTS
~N/SONOMA MOSQUITO ABATEMENT DISTRICT
Don Batten read a letter from Bon Appetit indicating they were
endeavoring to correct the mosquito problem.
BALLOT MEASURE
Karen Nygren asked Council to get answers to several technical
questions relating to the March Ballot Measure. Council
determined it would be necessary to set a Workshop with the
Planning Commission, General Plan Goals Committee and the
attorneys who handled the moratorium litigation. This workshop
was set for December 11, 1986 at 7:30 P.M. at the Tiburon Lodge.
Councilmember Mayberry requested Council to reconsider their
decision to enter into the Agreements and call for the
election. Council declined.
TOWN COUNCIL MINUTES #75l
December 3, 1986
Page 1
E. CONSENT CALENDAR
The Town Manager removed Item 3 and continued it to the next
meeting.
MOTION: To approve the Consent Calendar consisting of
the following items:
1. APPROVAL OF MINUTES #749, November 12, 1986
2. CLAIMS AGAINST THE TOWN - (Recommend Denial)
a. J. Michael Phelps
b. Suzanne Roth
4. McKEGNEY GREEN & SO. OF THE KNOLL LANDSCAPE MAINTENANCE
CONTRACT (Authorization to Renew Agreement)
5. FINANCE REPORT (First Quarter 1986-87)
Moved: Wilson, Seconded by Mayberry
Vote: AYES: Unanimous
F. PUBLIC HEARINGS & BUSINESS ITEMS
6. POINT TIBURON BELOW MARKET RATE HOUSING UNITS (Repor t by
Council Committee & Housing Consultant)
The Town Manager reviewed the Staff report which recommended the
Council approve the requirements and authorize the Town Attorney
to proceed to draft the agreement.
Dick Bornholdt reviewed Resolution No. 2395 which outlines
priorities.
In response to Councilmember Wilson, Mayor Duke stated the
owner/developer felt he has the right to sell the units at the
agreed upon price; the Council Subcommittee felt the Town was not
ready to pay that price at this time.
Councilmember Shaw stated he felt the Town could do better with
its money to build low/moderate income housing.
The Mayor stated the Town negotiated to buy units at a reduced
cost, however, the devleoper is not interested at this time.
Discussion ensured regarding the formula used to establish the
price of the units based on Bay Area median income.
In response to Councilmember Wilson, Mr. Bornholdt explained that
he would use a lottery system if there are more applicants than
units.
Discussion ensued regarding the feasibility of obtaining a unit
for the new Police Chief but this idea was not pursued.
TOWN COUNCIL MINUTES #75l
December 3, 1986
Page 2
Helen Benedict, supporter of affordable housing, asked what is
preventing the Town from spending money from their housing fund
to purchase two or three units; there's a tremendous shortage of
rental properties; this is a great opportunity for the Town.
Councilmember Shaw stated he thought the money could be spent in
a more frugal manner to provide better housing and the Council
intends to do that.
Nat Marans supported the purchase of the twenty units; objected
to the price; acknowledged the Town has already entered into
agreements with the developer. Mayor Duke asked Mr. Marans to
assist the Town in negotiations with the developer.
In response to Councilmember Shaw, Mr. Bornholdt stated closing
costs were not included in the purchase price.
Councilmember Wilson suggested the Town Attorney incorporate into
the Deed Restrictions that the Town shall have the first right of
refusal on the first resale of these units.
The Mayor directed the Town Attorney to draft an agreement with
Innisfree incorporating Councilmember Wilson's suggestion.
7. BLAIR-MADISON ASSOCIATES v. DAON, ET. AL (Request for Waiver
of the Town's Right to Enforce Restrictive Covenant
Concerning Rental Propety)
The Town Manager reviewed the Staff report. The request was for
a waiver of the Town's right to enforce a covenant of a rental
property; Staff recommends support for the continuance of rental
property. The purpose of the hearing was to allow the owner to
state his case.
Mr. Kennedy was not present. Staff and Special Counsel Renton
Rolph established that he had been properly notified.
Attorney Rolph, representing the Town, stated the deed
restriction was properly recorded; this agreement was processed
by the County; with the lawsuit pending, he had advised the owner
he should exhaust the administrative issue; he had agreed to do
that; surprised he wasn't at the hearing. Mr. Rolph stated there
was still a legal question as to whether the Town should be
involved. Suggested item be continued or disposed of.
Bill Crosby, speaking as a private individual, reviewed the
history of 'the sale of the uni t.
MOTION: To accept Staff's recommendation and reaffirm the Town's
previous conversion policy established by the County of
Marin and the Town concerning the Daon property and that
the restriction be enforced concerning certain specific
units remaining as rental stock not occupied by the
owner.
TOWN COUNCIL MINUTES #751
December 3, 1986
Page 3
Moved:
Vote:
Mayberry, Seconded by Wilson
AYES: Mayberry, Wilson, Coxhead, Duke
NOES: Shaw
8. CALIFORNIA PARKLANDS 1986 BOND ACT (Application for Grant)
The Finance Director reviewed the Staff report which recommended
applying for $22,000 to be used as follows: $2,000 for
construction of drinking faucet along multi-use path near
Gilmartin Drive with brass memorial plaque in memory of Dr.
Dubilier; $10,000 for new ladders, improved steps and platforms
for children's slides at South of the Knoll Park, improvement to
steps from multi-use path to beach near Gilmartin Drive and
$10,000 for the acquisition of the Hobbs' property.
Discussion ensued regarding placing a berm along Tiburon
Boulevard to prevent cars from parking along the waterside. The
Town Manager suggested Staff talk to the Town Engineer regarding
cost of placing a berm in that area and agendize the idea for the
next Parks & Open Space Commission meeting.
Stewart Hopkins recommended Council adopt Staff's recommendation.
John Hoffmire asked Council to consider the $10,000 request for
acquisition of the Hobbs' property in addition to the $50,000
already pledged by the Town. The Committee was trying to acquire
the property in order to give it to the Town. The grant
application required matching funds and this $10,000 would enable
the Committee to make the down payment to the Hobbs.
Mayor Duke stated he would be opposed to contributing the $10,000
as risk money. Mr. Hoffmire stated he would accept that
condition.
Vice-Mayor Coxhead agreed the idea of a berm along Tiburon
Boulevard should be pursued in the future; also low cost/low
maintenance planting with irrigation; suggested the $10,000 be
applied as part of the Town's previous pledge of $50,000.
MOTION:
Moved:
To adopt Staff's recommendations
Wilson, Seconded by Shaw
Councilmember Mayberry suggested the addition of adding a berm
along Tiburon Boulevard frontage from Rock Hill to San Rafael
Avenue if there is money remaining from the slide repair funds.
AMENDED MOTIoN:
Moved: Wilson,
Vote: AYES:
NOES:
To adopt Staff's recommendation with the
addition of berming as suggested by
Councilmember Mayberry and with the
understanding that the $10,000 request for
Hobbs' property acquisition was in addition to
the $50,000 already pledged by the Town.
Seconded by Shaw
Mayberry, Wilson, Shaw, Duke
Coxhead
TOWN COUNCIL MINUTES #751
December 3, 1986
Page 4
9. ENCROACHMENT UPON TOWN PROPERTY (Hobb's Bulkhead Fence - BCDC
Requirements)
The Town Manager reviewed the Staff report. BCne has informed
the Town that as legal owner of the property on which the
unauthorized bulkhead is constructed, if it does not itself
request or join with Mrs. Hobbs to request authorization for the
bulkhead, both the Town and Mrs. Hobbs will be in violation of
the law. The Town Manager stated he and the Town Attorney had
met with Hobbs' attorney in an attempt to resolve BCDC's concerns
and still reserve the Town's rights with regard to encroachment
on the Town property. As a result of that meeting, Mr. Patch
prepared a Reservation of Rights Agreement and is asking the Town
to join in this application to BCDC. The Reservation of Rights
Agreement would not preclude the Town from making a decision in
the future with regard to the bulkhead.
Richard Patch, attorney for Mrs. Hobbs, reviewed the history of
the original application in 1982; the placement of the fill as a
result of the 1983 storm; photographs presented to BCDC which
satisfied them that the new bulkhead was placed in the original
area; BCDC had originally granted an administrative permit, a new
permit would require additional public hearings. Mr. Patch
apologized to the Council that the Agreement was not delivered to
them prior to the meeting due to clerical error.
Discussion ensued regarding whether the Town should apply for the
permit in its own name. Mr. Patch stated if the Town wants the
matter handled as an administrative permit, it has to be handled
as an amendment to the original permit.
Lillian Kettenbach urged the Council to sign the agreement.
The Town Manager emphasized there were two separate issues; one
involving the encroachment and the other the permit application.
MOTION: To execute Reservation of Rights agreement with the
condition that Staff try to get the Bcnc application in
the Town's name
Moved: Wilson, Seconded Mayberry
Vote: AYES: Unanimous
lO. CONSTRUCTION HOURS POLICY (Single Family Residence
Construction Hours Policy)
The Planning Director reviewed the Staff report which recommended
no action be taken to regulate construction hours.
Councilmember Mayberry suggested the Town Attorney be asked to
draw up an ordinance and she preferred that the construction
hours be from 8 A.M. to 6 P.M., but would accept 7 A.M. to 6 P.M.
with the understanding that in an emergency there would be a
variation and if circumstances required, the Town Mnager can make
an exception.
TOWN COUNCIL MINUTES #751
December 3, 1986
Page 5
The Mayor stated he didn't think any action was necessary that
complaints fell into the category of noise problems. Suggested
that during the review of the General Plan there should be a
study of noise policies and a possible noise ordinance.
Councilmember wilson agreed with the Mayor; thought Council could
get into a situation of over-regulation.
Vice-Mayor Coxhead was in favor of a construction hours ordinance
and he recommended 7 A.M. to 1/2 hour after sunset Monday to
Friday and from 9 A.M. to 7 P.M. on Saturday and Sunday.
Councilmember Shaw agreed there should be an ordinance; thought
it was important that the Police Department have an ordinance on
the books which they could enforce.
Councilmember Mayberry stated she would accept Vice-Mayor
Coxhead's suggested hours.
MOTION: To direct Town Attorney to draft an ordinance embodying
the construction hours of 7 A.M. to 1/2 hour after
sunset Monday to Friday and from 9 A.M. to 7 P.M. on
Saturday and Sunday with the exception that for
emergencies and special curcumstances the Town Manager
be allowed to waive the hours.
Moved: Mayberry, Seconded by Shaw
Vote: AYES: Mayberry, Shaw, Coxhead
NOES: Wilson, Duke
G. COMMUNICATIONS, STAFF AND TOWN MANAGER REPORTS
ll. BELVEDERE/TIBURON CHILD CARE CENTER (Lt'r from S. Donnell)
Council and Staff briefly discussed the background information
and agreed to await a further proposal from the Child Care Center
staff.
12. BALLOT MEASURE DEADLINES (Review Time Schedule for Arguments
& Rebuttals)
This was an informational item. Council discussed the proposed
Workshop and agreed it should be held from 7:30 P.M. to 9:30 P.M.
BAY VISTA ANNEXATION
The Town Manager requested authorized to draft a warrant for the
annexation ~ees at such time the Bay Vista Annexation committee
provides him with sufficient demonstration that 60-70 percent of
the people in the area are in favor of and have signed up for
annexation. The Town Manager stated the fees would be
approximately $1775.
MOTION:
Moved:
Vote:
To authorize expenditure for annexation fees
Wilson, Seconded by Mayberry
AYES: Unanimous
TOWN COUNCIL MINUTES #751
December 3, 1986
Page 6
H. ADJOURNMENT
There being no further business before the Town Council of the
Town of Tiburon, Mayor Duke adjourned the meeting at 11:30 P.M.
to December 11, 1986, 7:30 P.M., Workshop Meeting with Council,
Planning Commission, General Plan Goals Committee and moratorium
attorneys.
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ATTEST:
MANAGER/CLERK
TOWN COUNCIL MINUTES #751
December 3, 1986
Page 7
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, November 19,
1986, in the Tiburon Lodge, Tiburon, California.
A. ROLL CALL
PRESENT:
COUNCILMEMBERS:
Mayberry, Wilson, Coxhead,
Shaw, Duke
ABSENT:
COUNCILMEMBERS:
None
EX OFFICIO:
Town Manager Kleinert, Town
Attorney Ragghianti, Special
Counsel Hooper, Town Engineer
Bala, Supt. of Public Works
Brunini, Chief of Police
Bailey, Planning Director
Scoles, Finance Director
Nadritch, Assistant Town Clerk
Hennessy
Mayor Duke announced that Item 7 would be heard at approximately
8:45 P.M.
Henry Seagle, Geldert Drive, was unable to be present at that
hour, stated he had worked hard to get Measure C passed and
supported the Councilmembers who stated they were willing to
listen to the people; very concerned about access on the highways
in and out of Tiburon; thought two year moratorium should be
observed; wanted Council to look at overall affect on the Town
and how many more houses can the city support on the highway;
thought the cost of litigation wouldn't be any larger than the
cost of getting in and out of Tiburon Boulevard; didn't feel the
Town should buckle down in the face of threats of developers when
the greater good can be sustained by allowing a two year
moratorium to be completed and a new General Plan submitted to
the people.
Rod McLeod requested Council to set aside everything on the
agenda othei than the Measure. The Mayor declined.
B. APPO INTMENTS TO OOMMISSIONS, BOARDS, COMMITTEES
TIBURON PENINSULA HERITAGE & ARTS COMMISSION and TIBURON PARKING
& TRANSPORTATION ADVISORY COMMISSION
The Town Manager reviewed the Staff report; stated appointments
would be effective January 1, 1987 for various terms.
TOWN COUNCIL MINUTES #750
November 19, 1986
pag e 1
MOTION:
Moved:
Vote:
To approve appointments as outlined in the Staff report.
Wilson, Seconded by Coxhead
AYES: Unanimous
c. COMMISSION AND COMMITTEE ORAL REPORTS
There were none.
D. PUBLIC QUESTIONS AND COMMENTS
CHAMBER OF CDMMERCE
Karen Grove outlined the Christmas celebration planned by the
downtown merchants and invited the Council, Staff and citizens to
participate on December 6 from l2 Noon to 6 P.M.
E. roNSENT CALENDAR
Councilmember Mayberry requested and received an explanation of
Item 3, Hexan Subdivision.
MOTION: To approve the Consent Calendar consisting of the
following items:
1. APPROVAL OF MINUTES - #747, October 29, 1986
#748, November 5, 1986
2. RECOGNITION OF PUBLIC SERVICE (William Levinson - RUSD
Superintendent - Resolution)
3. ACCEPTANCE OF HEXAN SUBDIVISION (Resolution)
Moved:
Vote:
Wilson, Seconded by Coxhead
AYES: Unanimous
F. PUBLIC HEARINGS & BUSINESS ITEMS
4 . PROJECTS & PLANNING ACTIVITIES IN THE UNINCORPORATED AREAS ON
THE TIBURON PENINSULA
Item continued until representatives arrive.
5. MARIN COUNTY MEDIATION SERVICES (Report of Services Available
To Town)
The Town Manager stated Council has discussed the concept of
using the County Mediation Services to hear tree complaints.
Staff also received a letter from Judith Tomsic who was
interested in doing mediation for the Town when Mediation
Services was not available.
Ellie Spater, Case Coordinator, reviewed the work of the
Mediation Services; stated their department successfully fulfills
their objective, resolves disputes, relieves overcrowding of the
courts, reduces court time and costs. Ms. Spater stated the
TOWN COUNCIL MINUTES #750
November 19, 1986
Page 2
Belvedere ordinance requires the complaintant to pay for tree
trimming services; the responding party has the right to chose
the tree service.
In response to Councilmember Mayberry, Ms. Spater stated no
Belvedere complaints have gone to arbitration.
In response to Councilmember Coxhead, Ms. Spater stated they have
the parties sign an agreement to participate and costs are
determined on a sliding scale up to $40 per hour.
Judith Tomsic stated she was available to mediate disputes in the
evening and on weekends when the Mediation Services were not
available.
4. PROJECTS & PLANNING ACTIVITIES IN THE UNINCORPORATED AREAS ON
THE TIBURON PENINSULA (Status Report and Briefing by
Supervisor Aramburu and Marin County Planning Director
Riesenfeld)
Supervisor Aramburu stated he has been a resident of Tiburon
since 1969; the County was committed to work with the Town in
coordinating planning efforts; he was available to answer
questions.
Mark Riesenfeld, Planning Director, discussed the current
projects in the unincorporated area which were within Tiburon's
Sphere of Influence. He demonstrated on a map the location, size
and status of each project. He stated the Strawberry Community
Plan was amended to maintain traffic at Level B/C and therefore
some projects received conditioned approval in a way that
required the improvement of the interchange and off ramp at
Seminary Drive prior to those projects being built out; four
projects are currently trying to work out details with CAL/TRANS;
until that condition is met they cannot file a Final Map. He
stated four projects near the Tiburon Wye don't have nearly the
impact of those near Seminary.
In response to Rufus Thayer, Mr. Riesenfeld stated a mini-
cumulative impact traffic study was done when the Ethan Allen
Building proposal to convert to office space was reviewed and
there was a certain degradation at buildout at the Tiburon Wye;
the County required improvements at the Knoll Road intersection
and also required a significant mitigation fee for the Tibuorn
Wye interchange improvements in the future; that was the County's
first step to have a coordinated mitigation program; there are
projects in 'Mill Valley that will affect the Wye.
In response to Karen Nygren, Mr. Riesenfeld stated the County
would respond positively if Tiburon establishes a level of
service for the Tiburon Wye; efforts would have to be coordinated
with Mill Valley and CAL/TRANS.
TOWN COUNCIL MINUTES #750
November 19, 1986
Page 3
Supervisor Aramburu stated Mill Valley had approved several
projects and they did not pay traffic mitigation fees; in the
future the County will participate and coordinate planning
efforts. With reference to annexation proposals, Supervisor
Aramburu stated there will be hearings and the people will
determine whether or not there will be annexation.
6. HOUSING CDNSULTANT SERVICES
a. Authorization for Additional Appropriation of $3,450
b. Approve New Contract for Point Tiburon Housing
c. Approve New Contract for Below Market Rate Housing Policy
The Finance Director reviewed the Staff report and stated
appropriations would be charged to the Town and Redevelopment
Agency's Low/Moderate Income Housing Fund.
The Mayor suggested items (a) and (b) be approved now and item
(c) be discussed after the first of the year.
MOTION: To authorize an additonal appropriation of $3,450 for
cost overruns and approve a new contract for the below
market rate housing at Point Tiburon.
Moved: Wilson, Seconded by Coxhead
Vote: AYES: Unanimous
7. BALLOT MEASURE FOR MARCH 3, 1987 ELECTION PROPOSING AMENDMENT
ro ORDINANCE 00. 317 N.S. (MEASURE .C.)
a. Ordering and Calling Municipal Election for March 3,
1987 Including Final Ballot Wording and Call for
Arguments & Rebuttals (Resolution)
b. Request Board of Supervisors to Authorize County Clerk
to Render Services
The Mayor introduced Rachel Hooper of Shute, Mihaly & Weinberger,
the firm that represents the Town on the moratorium litigation.
The Mayor stated he wanted to explain what has transpired; the
rationale and thinking process of the Council before it undertook
this action. He stated that last week in Executive Session the
Town Council on a 4-1 vote entered into an agreement to settle 7
of the 8 law suits before the Town; to activate the settlement
agreement a ballot measure must be placed on the ballot and must
be approved by the voters. The proposed measure will create an
additional exemption to Measure C which would allow single family
homes on single family lots that were in effect prior to April
26.
The Mayor stated he campaigned on the issue that the Planning
Department was in dire straits; it has now been totally redone;
it was his feeling that the information available was
insufficient; thought the information available now is
sufficient. It was his opinion that property in Tiburon can be
TOWN COUNCIL MINUTES #750
November 19, 1986
Page 4
divided into three categories; there were 3,514 existing
dwellings, 206 existing single family residential lots and there
is an undetermined number of undeveloped parcels. He stated the
key to dealing with these three categories is to understand the
issue of down-zoning or reduced usage; if during the review of
the General Plan, it is decided to down-zone property, the
question arises which of these categories of properties can be
down-zoned if feasible, necessary or desirable. The Mayor stated
he thought there was two areas of agreement; existing residential
units would not be removed and undeveloped property may be down-
zoned. He stated the key of the issue was the 206 single family
lots; some people want to eliminate those lots if desirable; the
Town Council has no intention of down-zoning lots into non-
existence; Tiburon is the only town in Marin that has passed a
moratorium that specifically excluded single family units on
single lots. He stated the Council considered the impact of
development of the 206 lots; lOO lots are commonly thought of as
developer lots, i.e., Bank of the Orient, Perini, etc.; 50 lots
are off Gilmartin Drive; the other lOO lots are spread around
Town; the Council tried to project the worst case scenario and
had the consultant study the traffic implications; no level of
service would fall below Level C on Tiburon Boulevard; side
streets are affected no more than from B to C; looked at
historical data of the number of units built per year; the years
1970 thru 1972 were the biggest building years with 25 units per
year; 1975 to 1985 the average number was 16 and during the past
three years the number of single family units was 12 per year;
the Council considered interest rates; the Council realistically
predicts the number of single family homes to be built during the
next year will be between 10 and 30; if one accepts the premise
that these single family lots will always be there, then the Town
is arguing in litigation whether the units will be built this
year or next year; the Council had to weigh that against the
significant cost of litigation.
Mayor Duke stated the Town has spent $75,000; none of the cases
have been to court yet; the estimate to carry the issue through
appeals would be conservatively $300,000; more realistically the
cost would be $500,000. He asked what would have been
accomplished; postponing building for a year; stated the
settlement agreement if approved by the voters provides for the
litigants to return the legal fees expended back to the Town;
dismissal of litigation against the Town; waiver of claims
against the Town and waiver of the litigants right to argue
whether Measure C is valid or invalid. The Mayor stated the
agreement was reached in Executive Session because it involved
litigation;'the Council enters into 4-6 settlement agreements
every year in closed session; unlike other agreements, this is a
tentative settlement agreement which is up to the voters to
decide.
TOWN COUNCIL MINUTES #750
November 19, 1986
Page 5
Councilmember Frayberry stated she voted against this action;
thought the decision to commit the Town to call an election
should not have been made in closed session without a hearing;
there was reference to the fact there was a difference between
this decision and previous settlements entered into in closed
session; felt this was very different because it involved an
inititative; if not illegal, it was unworthy of this Council and
unfair to the people of Tiburon; she stated she was ashamed of
the two people elected with her in April, Larry Duke & Frank
Shaw; stated they had all run on a platform of open government
and people participation in the governmental process; she was
concerned about the divisiveness this action will cause; the
biggest job of the moment is up-dating the General Plan and
Zoning Ordinance and the Town needs to devote time and energies
to that, not working up arguments and propaganda for or against
ballot measures; stated the purpose of Measure C was to give the
Town time to complete this updating of the General Plan and to
determine how development in Tiburon will be handled in the
future; the current General Plan is deficient; Tiburon voters
expressed their views decisively in the April election by passing
Measure C and electing three new Councilmembers; for the Council
to step in now, vOluntarily, and try to modify Measure C is a
betrayal of the voters; none of us would have ben elected except
for the response to Measure C; since both Councilmembers Coxhead
and Wilson opposed Measure C from the beginning, it comes as no
surprise that they are willing to weaken it. Councilmember
Mayberry stated that the Town Manager has been widely quoted that
by placing this ballot measure on the March 3 ballot, the Town
has "nothing to lose" and everything to gain; stated this was a
matter of opinion; she felt what the Town loses is allowing the
single family lots to be developed without regard to Measure C
and changes in the General Plan and Zoning Ordinance; this is not
small potatoes; those who stand to gain most are the developers
who don't want to be bound by any changes the Town makes in
managing growth in Tiburon; in exchange for this, the developers
are paying for $6,600 for this special election and withholding
action on the lawsuits; if the measure passes, the developers
agree to withdraw their suits and pay the Town approximately
$72,000, the amount the Town has already spent in preparing to
defend the suits; if the election fails, they will not pay this
$72,000 and they will pursue their suits; the Town will be back
behind square one. Councilmember Mayberry stated there was one
large developer who is not party to these agreements, namely
Taldan, and Perini has reserved two issues which it will litigate
no matter what happens March 3; she regreted the cost to Tiburon
of defending Measure C; the Town Attorney and Mr. Shute have told
the Town they have every expectation of winning these lawsuits,
but it costs money. Councilmember Mayberry stated the Town's
legal expenses can be recouped through increased developer fees
or thru a small assessment on Tiburon households; $200 per
household would raise $700,000 and the estimated cost of
defending the lawsuits is $500,000. Councilmember Mayberry
stated she felt the Town was at a crossroads; either the Town
follows thru with the plan to shape Tiburon's future carefully
TOWN CDUNCIL MINUTES #750
November 19, 1986
Page 6
together, or we sellout to the developers; the developers have
unlimited funds, apparently, to pursue these lawsuits more to
intimidate the Town than with any expectation of winning their
lawsuits; they are winning so far; four members of this Council
have buckled; what reason do the residents have to believe they
won't buckel again when it comes to enforcing a new, tighter,
General Plan or Zoning Ordinance. Councilmember Mayberry stated
a lot has been said about Measure C being unfair to holders of
single family lots; many have been held by individual owners for
several years but for whatever reasons haven't been built on; a
very high percentage of the 206 lots affected, however, are in
new developments and these were a great concern to Measure C
drafters; to have excluded single family lots would have been
discrimination; a loophole through which every developer would
find a way to develop their lots; if this measure passes in
March, the Town will still have discrimination to deal with;
Hexan has defaulted because of Measure C. She stated
negotiations have been going on for several weeks between the
Town Council and developers with the intent of calling a special
election; all this has been going on behind closed doors and you
the voters have not had an opportunity to be heard on this
imporatant issue; what we are having now is not a hearing, it is
simply a chance for you to let off steam about a fait accompli;
the Town Council has already committed itself in closed session
to call this election; Judge McGuire has signed the settlement
agreements. Councilmember Mayberry suggested giving the voters
two choices; let the people decide if they would be willing to
assess themselves $200, a one-time assessment to establish a
legal defense fund for the Town to protect the planning and
growth management policies.
The Mayor responded that if the measure passes, it will not
create a single new lot. Councilmember Mayberry stated the
builder would be affected by the General Plan in existence at the
time of the issuance of the building permit.
Vice-Mayor Coxhead expressed regret that there was no public
discussion, however, he stated it is not realistic to try to
negotiate settlements at public hearings; the Council's decision
is to place the measure on the ballot to allow the voters to
decide; couldn't think of anything more democratic; thought it
was wasteful for the Town's funds to be used to fight these
unnecessary lawsuits; these suits related to individuals and
corporations that have legal entitlements; homes would still need
approval of the Design Review Board; the money can be used for a
proper General Plan revision or other possible law suits that are
or will be a'real threat to the Town; when a real challenge
comes, the Town will be too extended and financial resources
depleted. He asked what the real threat to Tiburon was if these
units are exempted; the Town has to be willing to buy these lots
if they are to be down-zoned; it's the responsibility of the Town
Council to use the Town funds in a prudent fashion; the Council
is the custodian of the public funds; legal expenses are out of
hand; three years ago they were $40,000; last year, they were
$250,000; concept of a special assessment to pay for legal fees
may be a worthy consideration but totally unrealistic; two years
TOWN COUNCIL MINUTES #750
November 19, 1986
Page 7
ago an $18 library tax was voted down by the electorate.
The Mayor opened the public hearing.
Rufus Thayer, 158 Blackfield Drive, stated he was one of the five
supporters of Measure C and supporter of Mayberry, Duke and Shaw;
all three had assured him they supported, if not openly, at least
the principle of Measure C; he campaigned for them because they
saw this Town slipping away and an indifferent Council;
Councilmember Mayberry has been true to her constituents; we have
heard of secret meetings; Councilman Shaw campaigned on openness;
behind closed doors there have been secret deals to give the Tow
back to the developers for $70,000; how do you want the Town to
look in 5-10 years; we should preserve the flexibility to see how
this Town will look; we'll never know when the final General Plan
comes up if it is the Town's plan or the developer's plan; are we
being used as shills for the developer; keeping the 206 lots in
the moratorium is important.
Mayor Duke stated there was not commitment on the part of the
Town that we cannot change the building standards, however, the
Town is saying that we won't change the zoning; these lots are
not exempted from anything the Town does after Measure C has
expired.
Mr. Thayer reemphasized it was important to keep these lots in
the process during the review of the General Plan.
Dale Kaplan stated the people who supported Measure C have a
right to decide whether to deplete the Town's reserves; agreed
that the residents will never assess themselves to support
Measure C or these law suits; thought the people who don't attend
Council meetings have a right to decide this issue; she stated
she supported Larry Duke but not Measure C; thought a lot of
people voted for people and not on the basis of the Measure;
thought the Council was doing everything it could to make sure
there was a Town in the future; was hoping the Town was well off
enough to go through with the General Plan, Town Hall, recreation
facilities as well as a child care center; she was interested in
people; not interested in seeing the Town spend its reserves on
law suits; didn't think the law would allow the Town to take away
the rights of single family homeowners; Tiburon might have the
right to change building codes and determine what kind of homes
and density in regard to square footage, but in terms of whether
or not those single family homes will be built is not an issue.
Dr. Laggios; Benton Court, stated he was interested in the Town
more than people; there's a challenge involved; he voted for
these three councilmembers because he believed what they told him
and only one has fulfilled their pledge; didn't think Mr. Duke
was going to change his mind regardless of what he hears; had
serious question as to legal advice this Council has received;
stated they were not talking about single individuals but about
single corporations; considerations have been made for
individuals and now we have a different game plan; we have a
charade.
TOWN COUNCIL MINUTES #750
November 19, 1986
Page 8
Kirk Hanson, former Mayor, reviewed Measure D which was defeated;
stated the issue was the 206 lots which have been properly
subdivided and the property owners have certain rights; it was
totally irresponsible to continue to litigate these law suits and
urged support of the March ballot measure; the Council was acting
responsibly; negotiations need to be held in closed session;
can't have 8000 people negotiating.
Eric Schmidt stated he was not present to argue about anything;
the Stipulation has been filed with the Court, signed by the
Mayor and lawyer Shute, and an order has been submitted with this
Stipulation; nothing more to be done; stated the people who give
their time and energy to serve the community deserve basic
respect regardless of how one might differ with them. Mr.
Schmidt read paragraph 4 of the Perini Settlement, Reservation of
Rights, which allows Perini the right to proceed with other
litigation against the Town, and he described how he felt Perini
will proceed with this future litigation; felt the Town was
opening up additional causes of litigation with this new measure.
Mayor Duke responded that Perini will litigate Phase II and the
Town will defend it; that suit will involve the undeveloped
property. Both the Town Attorney and special counsel Hooper
replied that the Town doesn't want to settle that issue out of
court; the Town feels it has an excellent case; Perini did waive
the right to litigate the validity of Measure C with respect to
Phase II.
In response to Councilmember Mayberry, Ms. Hooper stated the Town
took action in accordance with the Permit Streamlining Act and
denied Perini's application for Phase II without prejudice; in an
abundance of caution, even though Measure C was in effect, the
Town took the action to deny the application without prejudice,
didn't act on the merits, just because if Measure C was
invalidated in this litigation, they would have made that
denial. Now, the reason the Town, according to the settlement,
can now rescind the denial which was without prejudice, is that
Perini has agreed that the Permit Streamlining Act is stopped by
Measure C. The Town is not agreeing that the application is
approved as Perini contends.
In respone to Bob Forsetto, the Mayor stated there were 56 lots
involved in the Settlements. Ms. Hooper stated the statue of
limitations for Measure C has run out.
In response, to Vice-Mayor Coxhead, the Town Attorney stated it
was his opinion that the statue of limitation for the new ballot
measure would be 120 days on the amendment only and not the
entire Measure.
In response to Coastal Post Patsy Ford's question as to whether
the exemption was discriminatory, the Town Attorney stated anyone
can file a lawsuit.
TOWN COUNCIL MINUTES #750
November 19, 1986
Page # 9
David Keller asked about the cost estimate of defending the
pending lawsuits. The Town Attorney stated he considered
Taldan's to be the weakest suit; thought the case would be
amended; estimated $50-60,000 from the beginning to the trial.
Ms. Hooper estimated the additional Perini litigation to cost
approximately $20,000.
Mr. Keller stated he was proud of the former Council who
supported and fought the Agins lawsuit; the Town elected the
current Council to work on the General Plan; asked what impact
the work being done on the General Plan would have on these 206
units.
The Mayor responded that certain changes such as the slope policy
would affect these lots.
Councilmember Shaw stated there was a limit of 50 units which can
be built within the next year if the Measure passes.
In response to Robert Ortaldo, the Mayor stated it was unlikely
more than 50 units would apply for building permits within the
next 14 months.
Rod McLeod, 2l Mercury, stated that during the election it was
the Mayor's stand that the Town needed a halt on building to get
a hold on development and traffic on Tiburon Boulevard; the Town
Council came up with a measure which was considered reactionary
and we wanted to get growth control in Tiburon; Measure D would
allow 38 units; it wasn't considered good enough; Measure C was a
moratorium to get a halt so that Tiburon could get a revision of
the General Plan; this Council is allowing 12 more units to be
built and saying no one will exceed those units; we want to
control our destiny; you'll have more than 50 applicants; we want
a new planning process; you are going back on your word; you said
Measure C was defendable in court and we could win; we want
control of this Town and you aren't giving it to us with the
resolution you are putting forth.
The Mayor responded that Mr. McLeod had the issues convoluted and
mixed up; neither he nor Councilmember Shaw had anything to do
with drafting Measure C; never once during the campaign did he
tell anyone to vote for Measure C; it was always his position
that the problem in this Town was not building but planning and
that is still his position; the problem has always been the
single family homes on lots of record; it was his opinion the
Town could have the protection of Measure C and proceed with the
General Plan with this ballot measure.
Alan Bartel, Reedland Woods, thought the Town could have gotten
more than $70,000 from the developers.
Karen Nygren, one of the writers of Measure C, read the Notice of
Intent to Circulate the petition to place the measure on the
ballot; this moratorium is addressing traffic generated by
additional building; people are concerned about the health,
safety and welfare of the community; a General Plan must be
TOWN COUNCIL MINUTES #750
November 19, 1986
Page #/0
completed for the Town to determine the rate of buildout; there
were different ways of determining the Town's desires; there was
density transfer; people might want to purchase this land; level
of traffic at intersections might want to be maintained; the
Council has not supported what Measure C says; maybe the Council
should reread it.
In response to the Mayor, Mrs. Nygren stated she wanted to
consider these single family lots as undeveloped lots.
The Mayor stated that according to recent traffic studies there
would be no change in the existing level of service on Tiburon
Boulevard and slight changes at the Rock Hill, Bay Vista and
Gilmartin Drive intersections; he enumerated undeveloped parcels,
i.e., Ring Mountain, Highlands, Perini II which will not go
forward until the Town has traffic considerations under control.
Mr. Nana, La Cresta, as a representative of one of the litigants;
stated he wanted to make it clear that when first approached with
the settlment they were faced with a real dilemma of being able
to build homes one year earlier or on the other hand with cases
pending before the Supreme Court, there was a chance to collect
damages from a municipal corporation; they decide to seek an
agreement with the Town; the other developers felt their cases
were strong enough to proceed to court; he reminded everyone
there was an absorption rate for new construction.
The Mayor closed the public hearing.
The Council took a ten minute recess.
Councilmember Mayberry stated she wanted to reiterate the fact
that the Council was not voting on whether there would be a
Ballot Measure in March; she read from Judge McGuire's order; she
wanted the audience to understand they had a chance to let off
steam but no affect on whether there was to be an election.
Councilmember Wilson stated everyone knew where he stands on
Measure C and D; pleased to see two out of the three new
Councilmembers have seen the light; Mayor Duke and Councilmember
Shaw have taken a brave stand; think they have learned that the
basic property rights of people are more important than a firm
stand on an issue; cost of legal services are tremendous whether
you win or lose; the rights of the Town to be flexible in that
regard are extremely important; would like to pose the question
to those hardliners. He asked "Are they really interested in the
overall welfare of Tiburon, financially or otherwise, or worried
about too much development in their own neighborhood?
Councilmember Shaw stated he and the Mayor are the Council's
Legal Committee; negotiations must be done in Executive Session;
he hasn't been bought out; what has been done is an issue of
fairness; the voters of this Town have a right to vote on this
issue.
TOWN COUNCIL MINUTES #750
November 19, 1986
Page # 1/
Vice-Mayor Coxhead stated he can't find fault with putting
something on the ballot to let the voters decide; there's no
additional cost to the Town; there's three months to debate the
issue and make the decision at the polls; Council was elected not
to act as robots but in as reasonable a manner as possible; using
their best judgement; would provide legal defense to Measure C
when possible; willing to play legal hard ball with any developer
regarding undeveloped parcels; the discrimination argument
regarding single family lots is no longer valid.
Mayor Duke publicly thanked the Town Attorney and Special
Counsels Shute and Hooper for their efforts and stated he didn't
think the Town could have had better legal representation.
There was a brief discussion regarding the ballot wording, but it
was decided to leave it as presented by the Town Attorney.
Council also agreed the Resolution should include calling for
rebuttals.
MOTION:
Municipal
To adopt Resolution Ordering, and Calling a
Moved:
Vote:
Election on March
Placing a Measure
Shaw, Seconded by
AYES:
NOES:
3, 1987 for the Purpose of
on the Ballot
Wilson
Wilson, Coxhead, Shaw, Duke
Mayberry
MOTION:
To adopt Resolution Requesting the Marin County
Board of Supervisors to Authorize the County Clerk
to Render Services Regarding a Tiburn Municipal
Election to be Held on March 3, 1987
Wilson, Seconded Shaw
AYES: Wilson, Coxhead, Shaw, Duke
NOES: Mayberry
8. ORDER TO SHOW CAUSE (Failure to Comply with Town Council
Order Regarding Tree Complaint - 1960 & 1970 Straits View
Drive)
Moved:
Vote:
The Planning Director reviewed the Staff report; stated a
substantial amount of work has taken place, however, some work
does not comply with the Council's order; three of the
complainants views have been totally restored; questions remained
regarding the view from the Kappas residence at 1945 Straits
View. The Town received a letter, dated November 12, 1986, from
Mr. Alikhani and Mr. Koenig stating reasons why the work was not
completed precisely as directed by the Board of Adjustments and
Review. Staff recommends the Council adopt the Resolution
declaring trees a public nuisance and ordering their abatement.
Staff also recommends the Town Engineer be directed to review the
slope for any potential slides.
Mr. Koenig stated he has restored 100% of views for three houses
and 95% of the fourth house; he had done as much as possible
without causing slide problems; stated cutting heights were made
TOWN COUNCIL MINUTES #750
November 19, 1986
Page #/~
without measuring sight lines from the Kappas residence; the work
performed already meets the intent of the tree ordinance. Mr.
Koenig presented pictures showing varying heights to the Town
Council; he had two soils reports that state there's a hazarad
potential if they kill trees; we have paid all the costs; asked
Council to visit the site.
Mrs. Kappas stated they have been going through the same thing
for almost two years; showed Council pictures of trees from her
bedroom, kitchen, family room; she suggested a replanting
program.
Mr. Alikhani stated they removed all the trees on the flat land;
there are trees on the slope; from 9' down their are no branches.
Mr. Alikhani showed Council pictures of 99 Lyford Drive where
trees were removed and the hazard required a $400,000 retaining
wall.
Discussion ensued regarding the intent of the BAR; replanting
program and maintenance program. Mr. Koenig stated he would trim
the trees probably every two years when they had grown 5 - 6
feet. Mayor Duke and Vice-Mayor Coxhead felt Mr. Koenig and Mr.
Alikhani had followed the intent of the BAR.
Moved:
Vote:
To adopt Resolution eclaring Trees Located on the
Properties at 1960 and 1970 Straits View a Public
Nuisance and Ordering Their Abatement
Wilson, Seconded by Mayberry
AYES: Wilson, Mayberry, Shaw
NOES: Duke, Coxhead
MOTION:
9. TEMPORARY USE PERMIT EXTENSIONS (Main Street Properties Mar
West, Bon Appetit and Beach Road Parking Lots)
The Planning Director reviewed the Staff report which recommended
a one year extension for the temporary use permits.
There was a brief discussion regarding improvements and it was
established that these lots were temporary and the Council didn't
want any permanent improvements made.
Dennis Perkins, representing Main Street Properties, stated they
agree with the recommendations; their future intent is to have
permanent parking spaces.
Cynthia Gilbert read letter from the Chamber of Commerce urging
support of these parking lots.
Karen Grove, 28 Marinero Circle, supported need for parking at
Mar West; encouraged permanent permit.
Diana Bennett, LODTPOA, stated they were against a permanent
parking lot at Mar West; would like to reassess situation after
Point Tiburon's lot opens; didn't want to see the entrance to the
Town marred by cars; didn't want to see downtown Tiburon
asphalted over.
TOWN COUNCIL MINUTES #750
November 19, 1986
Page #/3
Moved:
Vote:
To approve one year extension of temporary use
permits for three parking lots at Mar West/Tiburon
Boulevard; adjacent to Bon Appetit and behind Bank
of America.
Wilson, Seconded by Mayberry
AYES: Unanimous
MOT ION:
10. GILMARTIN DRIVE ASSESSMENT DISTRICT (Authorize Agreement for
Legal Services)
The Finance Director reviewed the Staff report; only one property
owner remains delinquent.
Councilmember Wilson stated page 5 and 8 of the agreement must be
revised to be consistent.
Moved:
Vote:
To authorize execution of the agreement for legal
services with Ray Sherman & Associates for
foreclosure proceedings
Wilson, Seconded by Mayberry
AYES: Unanimous
MOTION:
G. COMMUNICATIONS, STAFF AND TOWN MANAGER REpORTS
Del Madera Project (Letter from L. Cahn, Via Paraiso East, Lot-
Line Adjustment - Reducing from 5 to 3 Lots - dt'd. November 5,
1986)
In response to Councilmember Wilson, the Town Manager stated a
plat would be provided when the application returns to Council.
Vice-Mayor Coxhead asked that Staff carefully review the Letter
of Credit.
B. ADJOURNMENT
There being no further business before the Town Council of the
Town of Tiburon, Mayor Duke adjourned the meeting at 12:30 A.M.,
November 20, 1986 sine die.
~
~~
LAWREN
Town 0
ATTEST:
~-
CLERK
TOWN COUNCIL MINUTES #750
November 19, 1986
Page # /1
MINUTES
TOWN COUNCIL
and
PLANNING COMMISSION WORKSHOP
CALL TO ORDER
Vice-Mayor Coxhead called the Town Council and Planning
Commission Workshop to order at 6:40 P.M., Wednesday, November
12, 1986, in the Tiburon Lodge, Tiburon, California.
A. ROLL CALL
PRESENT:
COUNCILMEMBERS:
Mayberry, Wilson, Shaw,
Coxhead
Duke
ABSENT:
COUNCILMEMBERS:
PRESENT:
COMMISSIONERS:
Callister, Friedman, Nygren,
Rolph, Siewert, Thayer,
Bassett (7:15 P.M.)
None
ABSENT:
COMMISSIONERS:
EX OFFICIO:
Town Manager Kleinert
Planning Director Scoles
B. DISCUSSION ITEMS
The Town Manager reviewed the Town's procedural policies, public
hearing procedures and process, the Brown Act, Conflict of
Interest laws and attendance requirements.
Discussion ensued by the Councilmembers and Planning
Commissioners regarding their respective roles and Staff
responsibilities; the role of the Planning Director; Staff
assistance to the Planning Commission and certain procedural
matters.
Due to the regularly scheduled Planning Commission meeting, it
was the consensus of the members that the workshop session be
continued to another time in the near future.
c. ADJOURNMENT
At 7:40 P.M., the Planning Commission adjourned to their
regularly scheduled meeting.
TOWN COUNCIL MINUTES #749
November 12, 1986
Page 1
D. EXECUTIVE SESSION
The Town Council adjourned to Executive Session at 7:50 P.M. for
the purpose of considering the moratorium litigation.
The Executive Session was adjourned at 9:25 P.M. sine die.
.... .. ./ . i ___
LAWRENCE J. DUKE, MAYOR
Town of Tiburon
ATTEST:
R. ~YMANAGER/CLERK
TOWN COUNCIL MINUTES 1749
November 12, 1986
Page 2
MINUTES
TOWN COUNCIL
EXECUTIVE SESSION
The Mayor called the Executive Session to order at 6:05 P.M.,
Wednesday, November 5, 1986, for the purpose of discussing
litigation. The Executive Session was adjourned at 7:30 P.M.
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, November 5,
1986, in the Tiburon Lodge, Tiburon, California.
A. BOLL CALL
PRESENT:
COUNCILMEMBERS:
Mayberry, Wilson, Coxhead,
Shaw, Duke
ABSENT:
COUNCILMEMBERS:
None
EX OFFICIO:
Town Manager Kleinert,
Town Engineer Bala, Supt. of
Public Works Brunini, Chief of
Police Bailey, Planning
Director Scoles, Finance
Director Nadritch, Assistant
Town Clerk Hennessy
B. REOOGNITION OF SERVICE
FRANK BROOKS - PUBLIC 'il>RKS FOREMAN
The Town Manager expressed the Town's appreciation and privilege
to have a native of the Tiburon area working for the Town; Frank
knew where everything was; did an outstanding job. The Town
Manager wished Frank and his family best wishes on the occasion
of his retirement.
Lou Brunini, Superintendent of Public Works, stated they had
weathered many storms together; the Town prospered because they
were both on call 24 hours a day to help with emergencies.
Mayor Duke read the Resolution previously adopted and also
presented Frank Brooks with a plaque which expressed the Town's
appreciation for his twenty years of dedicated service.
Frank Brooks thanked the Council and Staff and offered to assist
the Town in the future.
TOWN COUNCIL MEETING #748
November 5, 1986
Page 1
c. APPOINTMENTS TO CDMMISSIONS, BOARDS, COMMITTEES
There were none.
c. COMMISSION AND CDMMITTEE ORAL REpORTS
Councilmember Shaw stated the Point Tiburon Below Market Rate
Committee was continuing to work with the developer in regard to
possibly purchasing at least ten of the units.
Dick Bornholdt, Housing Consultant, reviewed the progress made to
date and stated the units should be ready for occupancy by
January or February. Council set a meeting with Mr. Bornholdt
and the Housing Committee for Monday, November 10, 4:30 P.M. at
Town Hall.
D. PUBLIC QUESTIONS AND COMMENTS
Don Batten, Mosquito Abatement District, stated progress had been
made abating a mosquito nest at Sanitary District No. 5 and the
District was continuing to work with Bon Appetit.
GENERAL PLAN UP-DATE
Ted Kreines stated there were three more workshops on November II
at St. Hilary's; November 13 at the Lodge and November l8 at
Shepherd of the Hill Church. An overall review for the entire
Peninsula will be held on December 2 at the Lodge. He stated the
General Plan Goals Committee will review the existing goals and
policies of the General Plan and make recommendations. The Staff
and consultant are gathering data via a telephone survey and a
license plate survey.
The Town Manager announced that Item 12. ORDER TO SHOW CAUSE
(Slide Repair 173 Avenida Miraflores) would be continued. The
homeowner had begun repair work and it should be completed
shortly. Item continued to the November 19 agenda.
Bob Wayne stated he wanted legal protection from subsequent
erosion that might occur as a result of the work being
performed. The Town Manager suggested he place his statements in
writing for the review of the Town Attorney.
E. CONSENT CALENDAR
MOTION: To, approve the Consent Calendar consisting of the
following items:
1. APPROVAL OF MINUTES #745, October 1, 1986
#746, October l5, 1986
2. EMPLOYEE MERIT ADJUSTMENTS (MAPE Employees)
3. CLAIMS AGAINST THE TOWN (Glen Family - Recommend Denial)
TOWN COUNCIL MEETING #748
November 5, 1986
Page 2
4. ORDER TO SHOW CAUSE (Set Public Hearing - Failure to Comply
with Town Council Order Regarding Tree Complaint - 1960 &
1970 Straits View Drive)
5. TEATHER JUNIOR HISTORIAN FUND (Recognition of Louise
and Dave Teather - "Caretakers of Marin Award" - Resolution)
Moved: Wilson, Seconded by Mayberry
Vote: AYES: Unanimous
F. PUBLIC HEARINGS & BUSINESS ITEMS
6. TIBURON PENINSULA HERITAGE & ARTS COMMISSION (Establish
Commission, Goals, policies & Procedures - Resolution)
The Town Manager stated the draft resolution was a consolidation
of the Fine Arts and Heritage Commissions and he had some
suggestions regarding the terms of office.
The Town Manager suggested Number 3 be changed to read
"...properties on the Tiburon Peninsula" and a Number 5 be added
to read: "To consider and pursue primarily those programs,
activities and events which are self-supporting in nature".
Councilmember Wilson suggested paragraph "B" be amended to read
"...and one or two may be a resident of the unincorporated area".
Janet Braff, Chairman, agreed with the suggested changes.
MOTION: To adopt Resolution as amended.
Moved: Mayberry, Seconded by Coxhead
Councilmember Wilson suggested the addition of paragraph (d): "To
recommend street names having historic significance for newly
constructed streets in Tiburon".
Council agreed with the suggested changes.
Vote: AYES:
Unanimous
7. DOUSING CONSULTANT SERVICES (Proposal for New Contract and
Additional Budget Appropriation)
The Finance Director reviewed the Staff report which proposed
extending the Housing Consultant's contract for 12 months for
approximately $15,600, and this amount can be charged to the Town
and Redevelopment Agency's below market rate housing funds.
Councilmember Shaw asked that the Town Attorney's fees for this
matter be charged to these funds.
The Town Manager suggested and Council agreed that this matter be
continued to the Committee meeting Monday afternoon.
TOWN COUNCIL MEETING #748
November 5, 1986
Page 3
8. GILMARTIN DRIVE ASSESSMENT DISTRICT (Authorize Agreement for
Legal Services)
The Finance Director reviewed the Staff report. There remained
two property owners who were delinquent. Staff recommends
engaging legal counsel to pursue foreclosure proceedings. Mr.
Nadritch stated the amount of delinquency in the Staff report was
incorrect and should be $22,000 per property owner.
Councilmember Wilson questioned whether the Town Attorney had
responded to the attorney representing property owners Court and
Thurman.
Mr. Tarant stated he had not received a response from the Town
Attorney; he understood his time was taken up with other matters;
asked Council to make an exception and not proceed against Mr.
Court; he had not encouraged the formation of the assessment
district; he was unable to find a buyer for his property due to
the moratorium and wasn't able to enter into a 5-year payment
plan with the County.
In response to the Mayor, the Finance Director stated the Town
coveted with the bond holders that they would begin foreclosure
proceedings if the property owners are delinquent.
Councilmember Wilson asked Staff to look into the cost per hour
for the legal counsel; concerned the Town wouldn't be able to
recover money from the delinquent properties.
The Mayor asked Council for the authority for the Council's Legal
Subcommittee to sign this agreement and direct Town Staff to
initiate foreclosure proceedings if the Town Attorney advises
them over the next few days to take that action.
Council agreed to authorize the execution of the agreement
subject to the advice of the Town Attorney and to so advise Mr.
Tarant. If necessary, Council will use the time at the Planning
Commission workshop to hold a brief meeting to discuss this
matter.
9. ILLEGAL SECOND UNITS (Consider Possible Amendments to Town
Zoning Ordinance)
The Planning Director reviewed the Staff report, and reviewed the
enforcement procedures included in Ordinance No. 282 N.S. which
included infraction remedy and abatement proceedings; he noted
that under Measure C the only remedy available is abatement
because the Town cannot issue a conditional use permit. The item
was before the Council for discussion purposes only.
Discussion ensued regarding the terminology of the existing
ordinance; the notification process in order to inspect a unit;
the ease with which cooking facilities are removed prior to
inspections; the provision for lodgers; structures independent of
TOWN COUNCIL MEETING #748
November 5, 1986
Page 4
each other on the same property are still considered single units
if cooking facilities are only in one unit; the need to make an
example and bring someone to court.
Diana Bennett, President of LCOTPOA, stated the previous
Associate Planner had determined illegal units existed in four
out of six houses their association had complained about and
nothing had been done in over a year to abate these units. In
reference to a recent letter to the Town regarding illegal units,
Mrs. Bennett requested No. 5 be deleted.
Ted Lemon, contractor, stated he didn't think additional cooking
facilities actually determine second units.
Nat Marans stated he didn't think people should be allowed to
build potential second units; i.e. separate entrances; thought
Staff should have the ability to knock on the door and ask to
inspect the premises without prior written notice; thought
stoves, 220 wiring and private entrances were indicative of
second units.
Edna Mitchell stated her neighbors have installed a second unit
for the third time; she was presently in court and the case was
under advisement.
The Mayor suggested a citizens committee be formed to review the
second unit ordinance.
Robert Ross emphasized people were concerned with illegal second
units.
Councilmember Wilson suggested the fees included in paragraph (s)
of the existing second unit ordinance be increased and the fines
for maintaining illegal units be used for enforcement and
abatement purposes. He suggested the Planning Staff make a
schedule of abatement and use the real estate listings as a
source of information.
Councilmember Shaw suggested the fine be increased to $5,000 per
day. The Planning Director stated the Court sets $500 as the
maximum fee for an infraction; the Council could amend the
ordinance to make the violation a misdemeanor.
The Mayor directed Staff to draw up a plan for enforcing the
second unit ordinance on a more formal basis and return to the
Town Council within a month with a plan for action, and
established a Citizens Committee, chaired by Ann Ross, to look at
other means of enforcement and look at other city ordinances
lO. MARIN COUNTY MEDIATION SERVICES (Utilize for Tree Complaints)
The Planning Director reviewed the Staff report. The Town
Manager stated Staff is proposing a program where mediation is
involved and if it doesn't satisfy the parties, the complaint
will return to the Town's Design Review Board.
TOWN COUNCIL MEETING #748
November 5, 1986
Page 5
Stewart Hopkins asked that the Council take their time and
properly notice any proposed changes in the tree ordinance.
The Town Manager stated only the concept of using mediation
services was being discussed.
Nat Marans supported the use of mediation services and suggested
there should also be binding arbitration.
In response to Diana Bennett, the Planning Director stated
mediation would not take the place of the homeowners association.
Council agreed with the concept of using mediation services. The
Town Manager to invite Staff of Mediation Services to attend the
next meeting to brief the Council on more details.
ll. CONSTRUCTION HOURS POLICY (Single Family Residence
Construction Hours Policy)
The Planning Director reviewed the Staff report. He recommended
the adoption of an ordinance to amend the building code to limit
construction hours on issuance of a building permit.
Discussion ensued regarding working hours; utility companies
starting at 7 A.M.; hours for weekends; whether the problem was
acute enough to warrant making changes; large projects with
conditons of approval have construction hours listed.
Ted Lemon suggested the problem was noise; Town shouldn't prevent
a homeowner from painting a room at 10 P.M.; it's not the actual
work but the noise that creates the problem.
Mr. Nana stated limiting construction hours has an impact on the
cost of the building; a large portion of the construction workers
come from Sonoma County and arrive as early as 6 A.M.
Ted Lemon suggested if hours are set, there is a need for an
emergency clause.
The Town Engineer stated subdivision work hours are specified; if
hours are too stringent, it will create problems; currently each
project is treated separately.
Diana Bennett stated on behalf of the LCOTPOA, she requested
hours be set from 8 A.M. to 5 P.M.
Councilmember Mayberry read a letter from Heidi Kucera, Acela
Court, which proposed limiting construction hours from 8 A.M. to
6 P.M. and also stating that parked cars continue to be a traffic
hazard on their street.
Councilmembers agreed that noise was the primary problem; there
was no overwhelming need for an ordinance; consideration must be
given to neighbors.
TOWN COUNCIL MEETING #748
November 5, 1986
Page 6
Staff to evaluate comments made this evening and propose a
solution which will include an emergency clause that any
deviation from the stated hours needed the approval of the Town
Manager, as well as possibly different hours on the weekends.
12. ORDER TO SHOW CAUSE (Slide Repair 173 Avenida Miraflores)
This item was continued to November 19, 1986.
13. DOWNTOWN BUS SHELTER (Approval of Final Design and Location)
The Town Manager reviewed the Staff report. The Design Review
Board and Staff members have approved the design and location
"B". The Town Manager suggested consideration be given to
Location "A" which was the choice of The Innisfree Companies.
Both locations were on Innisfree property and they objected to
Location "A".
After further discussion, it was agreed the Council will receive
a sketch of the two proposed locations and the Town Manager to
continue to work with all interested parties to get the matter
resolved.
14. CAL/TRANS COOPERATIVE AGREEMENT (Left Turn Signal at Avenida
Miraflores - Authorize Execution of Agreement)
The Town Manager reviewed the proposed Agreement. The Town
Engineer explained that CAL/TRANS was installing new signals; he
objected to the proposed cost because the Town paid for the
initial signals. The proposed cost to install the left hand turn
signal was $96,000.
The Council agreed that this item was given a high priority
because it was felt it would not be too expensive since signals
were already installed; the Council expected the left hand turn
signal to cost $10,000 to $15,000.
Council did not approve the Cooperative Agreement and directed
the Town Manager to write to CAL/TRANS objecting to the proposed
cost.
15. EMERGENCY PREPAREDNESS PROGRAM (Consideration of Joint Plan
for Tiburon Peninsula Agencies)
The Town Manager reviewed the Staff report.
MOTION:
Moved:
Vote:
To adopt the recommendations that there should be a
joint peninsula wide emergency plan; and that proposal
for a consultant will be considered.
Wilson, Seconded by Mayberry
AYES: Unanimous
TOWN COUNCIL MEETING #748
November 5, 1986
Page 7
16. OFFICIAL COUNCIL CHAMBERS (Move Designated Council Chambers
to Tiburon Lodge - Urgency Ordinance)
MOTION:
Moved:
Vote:
To read by title only.
Wilson, Seconded by Mayberry
AYES: Unanimous
The Mayor read AN URGENCY ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON RELATING TO AMENDING SECTION 20-1 OF ARTICLE 1 OF
THE TIBURON TOWN roDE.
MOTION:
To adopt aforementioned urgency Ordinance No. 320 N.S.
Moved:
Vote:
Wilson, Seconded by Coxhead
AYES: Mayberry, Wilson, Coxhead, Shaw, Duke
NOES: NONE
G. COMMUNICATIONS, STAFF AND TOWN MANAGER REpORTS
a. Minutes of Old Tiburon Undergrounding Committee 9-23-86,
10-7-86, 10-23-86
This was accepted as information.
b. Ltr. to Town Council from Goodwill Industries, dt'd. 10-21-86
Requesting Waiver of Temporary Use Permit Fees
Council agreed to waive fees for this non-profit organization.
Council expressed concerns regarding the location of a pick-up
box; stated it would have to be very unobtrusive, and noted
Goodwill had a huge van in the Alpha Beta parking lot five
minutes from Tiburon.
c. Summary of Tiburon Representatives and CAL/TRANS Meeting
(October 9, 1986)
The Town Manager asked for direction from Council regarding
signals at Rock Hill and Stewart Drive. The Mayor reaffirmed
Council's position and asked Staff to do whatever is necessary to
make sure signals are installed at those two intersections.
Discussion ensued regarding the Reed Ranch Road intersection.
The Town Engineer thought a pedestrian crossing was feasible,
leaving entrance to Blackie's Pasture at Greenwood Beach Road; he
estimated to build a four way intersection would cost
approxiately $750,000 and would include acquisition of private
property. The Town Engineer to determine cost of a survey for
Reed Ranch Road intersection and return item to Council.
Town Engineer to proceed to resubmit an application for a paved
parking area near the Lyford Drive intersection.
Town Engineer to send another letter to CAL/TRANS regarding the
slippage along the bank between Palmer and McCart Courts.
TOWN COUNCIL MEETING #748
November 5, 1986
Page 8
BELVEDERE TENNIS CLUB
The Town Manager requested authorization for a survey to be
performed along the rear property line of the Club and the Town's
multi-use path to determine ownership of trees that are blocking
the views of Hawthorne Terrace Property Owners. Council
authorized the survey.
H. ADJOURNMENT
There being no further business before the Town Council of the
Town of Tiburon, Mayor Duke adjourned the meeting at 11:40 P.M.
to Executive Session following the Planning Commission Workshop
on Wednesday, November 12, 1986;~~~,-_
LAWRENCE J. DUKE, MAYOR
Town of Tiburon
ATTEST:
~~~NAGER/CLERK
TOWN COUNCIL MEETING 4748
November 5, 1986
Page 49
MINUTES
TOWN COUNCIL
EXECUTIVE SESSION
CALL TO ORDER
The Mayor called the Executive Session to order at 7:30 P.M.,
Wednesday, October 29, 1986.
A. ROLL CALL
PRESENT:
COUNCILMEMBERS:
Mayberry, Wilson, Coxhead,
Shaw, Duke
ABSENT:
COUNCILMEMBERS:
None
EX O:t"'FICIO:
Town Manager Kleinert, Town
Attorney Ragghianti
BUSINESS ITEMS
Mayor Duke reviewed the status of the moratorium litigation with
the Town Council.
B. ADJOURNMENT
There being no further business before the Town Council of the
Town of Tiburon, Mayor Duke adjourned the Executive Session at
8:00 P.M. to the Town Meeting at the Reed School.
~
LAWRENCE J. DUKE, MAYOR
Town of Tiburon
TOWN COUNCIL MINUTES #747
October 29, 1986
Page 1
MINUTES
TOWN COUNCIL
EXECUTIVE SESSION
The Mayor called the Executive Session to order at 6:30 P.M.,
Wednesday, October l5, 1986, for the purpose of discussing
litigation. The Executive Session was adjourned at 7:30 P.M.
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, October 15,
1986, in the Tiburon Lodge, Tiburon, California.
A. ROLL CALL
PRESENT:
COUNCILMEMBERS:
Mayberry, Wilson, Coxhead,
Shaw, Duke
ABSENT:
COUNCILMEMBERS:
None
EX OFFICIO:
Town Manager Kleinert, Town
Attorney Ragghianti, Town
Engineer Bala, Supt. of Public
Works Brunini, Chief of Police
Bailey, Planning Director
Scoles, Finance Director
Nadritch, Assistant Town Clerk
Hennessy
B. APPOINTMENTS m CDMMISSIONS, BOARDS, COMMITTEES
Joint Belvedere/Tiburon Recreation Committee
MOTION:
Moved:
Vote:
To appoint Jerry Reisen
Coxhead, Seconded by Duke
AYES: Unanimous
c. COMMISSION AND CDMMITTEE ORAL REpORTS
POINT TIBURON LOW/MODERATE INCOME HOUSING (Status Report by
Council Subcommittee)
The Mayor stated there was nothing specific to announce; the
Subcommittee was still working with all parties.
TIBURON BOULEVARD TRAFFIC SAFETY IMPROVEMENTS (Council's
Subcommittee Meeting with CAL/TRANS)
The Town Manager will summarize the meeting and present a written
report.
TOWN COUNCIL MINUTES #746
October l5, 1986
Page 1
101 CORRIDOR AC'rION CDMMITTEE
Councilmember Wilson stated Supervisor Roumigiere gave a report
at the October 8 meeting regarding Congressional funding for the
acquisition of the railroad right-of-way; House passed the bill;
Senate did not and it has been returned to a Conference
Committee. Next meeting will be November 12, Novato City Hall.
D. PUBLIC QUESTIONS AND CDMMENTS
Michael Cassidy, building home at Cibrian Drive, requested a
report be issued to show the dollar cost of the moratorium,
including litigation fees; loss of revenue regarding permits, and
tax dollars. He stated he was representing people who are
looking for an initiative on the ballot to exempt single family
homes from the moratorium; he is in the process of uniting three
groups to place a measure on the June ballot to exempt single
family homes; asked the Council to place a similar measure on the
March ballot sponsored by the Town Council; felt the Council's
measure would produce more revenue; stated that each of the
Councilmembers have stated in the past they weren't against the
development of single family homes; didn't think he was wrong, if
he was he asked to be corrected; asked that these comments be
fulfilled; offered to meet with the Council individually or as a
group; would like to assist the Council to get this measure on
the ballot; November 21 is the deadline to get wording to the
County and request an election.
Vice-Mayor Coxhead asked if he meant by single family homes,
homes on already subdivided parcels, not large undeveloped
parcels; subdivided parcels where there are legal lots. Mr.
Cassidy responded yes that was what he meant.
The Mayor stated the Town is in the process of putting together a
package of information that he has requested and it will be
public knowledge.
E. CONSENT CALENDAR
MOTION: To approve the Consent Calendar consisting of the
following items:
l. APPROVAL OF MINUTES #744, September 17, 1986
2. NOTICE OF COMPLETION AND ACCEPTANCE OF PROJECT (Tiburon
Boulevard and Stewart Drive Intersection Improvements -
Resolution)
3. HOBBS PROPERTY ACQUISITION (Authorize Expenditure of $3,300
From Appropriated Funds)
4. ORDER TO SHOW CAUSE (Set Public Hearing - Slide Repair - l73
Avenida Miraflores)
Moved: Wilson, Seconded by Mayberry
Vote: AYES: Unanimous
TOWN COUNCIL MINUTES i746
October 15, 1986
Page 2
F. PUBLIC HEARINGS & BUSINESS ITEMS
5. BAY VISTA ANNEXATION (Consider Annexation Interest By
Residents in the Bay Vista Area)
The Town Manager reviewed the Staff report and recommended the
Council support annexation efforts; Staff to assist the Committee
and if LAFCo accepts the proposal, the Town pay filing fees and
related costs for mapping services. Staff recommends that the
Town should not retain a consultant at this time.
Mayor Duke stated the Council was not looking for a debate
whether the residents wanted to or didn't want to annex to
Tiburon; the Town has no control; that's an internal decision in
the neighborhood; wanted to make it clear that Eagle Rock is not
included in any proposal.
Edith Willit, 12 Sky Road, asked about boundaries. The Town
Manager explained that the boundaries will be determined by the
residents of Bay Vista; he gave her a copy of the map as
presently drawn.
Trip Ames, 16 Bay Vista Drive, stated he and Katherine Ferguson
and others are spearheading the annexation effort for their
particular neighborhood, i.e., Rancho Drive, Bay Vista, up to Sky
Road and Bay Vista Court; since the last meeting they had taken
steps as suggested to canvass the neighborhood to determine
sentiment and find out how many residents were for or against
annexation; the question they were asking was whether the Town
would support the effort with money or Staff time or both; they
would like to see an outside consultant hired for this effort; if
that's not feasible, they will proceed with their best efforts
with support from the Town Staff and LAFCo.
Katherine Ferguson, 19 Bay Vista, took a telephone survey and
drew the boundaries where their greatest support was; out of 50
homes, 29 were in favor of annexation, 7 were against which
included Deffebach property, 14 undecided or no response. She
stated some people want annexation for the school district,
others for social and community lifestyles, increase in property
values; Cypress Hollow is not the sole reason, however, they want
to see the Cypress Hollow development in the control of Tiburon;
want to be part of Tiburon so they have a place to go to discuss
their concerns; would like Tiburon to hire a consultant to assist
them.
Larry Wassem, representing Cypress Hollow development, stated it
was perfectly clear the reason for the annexation was their
development proposal; the area of Bay Vista and Cypress Hollow,
the entire area out to Eagle Rock, which he understood the
Council didn't want to touch, was in the Strawberry Community
Plan which is a plan in and of itself in the County; it was
passed in 1977 after many meetings and years of discussion;
TOWN COUNCIL MINUTES #746
October 15, 1986
Page 3
amended in 1983 updating the plan; no area within the Strawberry
area is without planning or without responsive public officials;
the County of Marin is a very adequately staffed and very good
political body; Marin County does not lack in planning services,
in Environmental Impact services and all other services a person
would associate with a development; will go through the standard
planning processing. Mr. Wassem stated he found it interesting
to note that less than two months ago, Mayor Duke and City
Manager Kleinert lectured rather diligently to the Board of the
Richardson Bay Sanitary District that rules of the game were well
established and should be followed; this was in reference to
their subdivision and the fact they felt that perhaps our
subdivision was trying to do some kind of in and around things; I
suggest very clearly that it's perfectly clear from the drawing
what's going on here tonight; I've heard a couple of possible
reasons for the annexation other than Cypress Hollow; I say very
clearly, very unequivically, those are all red herrings; school
district changes do not come about thru LAFCo or city annexation;
there is a special County body that is the sole arbitrer of
school boundaries; almost no one has mentioned the typical reason
for annexation which is urban services; I suggest there's a
probably very good reason no one is mentioning that; fire
protection is provided by special service district; sewer
provisions are provided by a special service district; water is
provided by Marin County, not the Town of Tiburon; the only
service which is provided that would change in the event of
annexation is the Police service; right now the Sheriff's
Department of the County of Marin has stated to him and are
following it up in writing that they are violently opposed to
this annexation; they are providing excellent services and he
thought the residents of the area would agree. He stated his
point was that the annexation is quite contrary to Tiburon's past
policies; you are asking the tax paying citizens of Tiburon to
pay for a study for the reason that you think you will be able to
eliminate development on a piece of property that has been
properly zoned for many years; that is properly going thru the
channels of development processing; that will properly have EIRs
done; will properly do everything Tiburon would do; find it
contrary to absolutely everything this Council has ever
represented.
In response to Councilmember Mayberry, Mr. Wassem stated they
have to go through the LAFCo process
The Mayor stated he felt Mr. Wassem had made a number of
allegations which he thought were unfounded and untrue; didn't
want to get into a debate with him; did take issue with the fact
he impuned to this Council certain intentions which mayor may
not be in this Council's mind, but are certainly in your mind
only at the present time; wanted the record to clearly reflect
that Mr. Wassem's statements do not represent the views of this
Council.
TOWN COUNCIL MINUTES #746
October 15, 1986
Page 4
Mr. Ames stated he and some of the other residents were not
opposed to development; do feel this development is in their
backyard, in Tiburon's backyard, and if this is going to be the
the primary issue of the annexation, it is in Tiburon's interest
and their interest to have a public forum that is local and
interested and although Mr. Wassem is quoted in the paper as
saying the County is as diligent and aggressive in protecting the
interests of the local residents as anyone; with all due respect
to the County, he questioned that and it is why they bring this
issue up at this time; they were not anti-development, the
moratorium that is in Tiburon at the present time, they didn't
think would have an impact on this project, because they felt it
would take at least 18 months for it to come to a head anyway;
they wanted to be part of Tiburon because the planning process on
a local level is the proper way to proceed for their interests.
Katherine Ferguson stated they heard about the Cypress Hollow
development when Karen Nygren knocked on their doors; the
Strawberry Design Review Board had not notified them.
The Mayor stated the issues of why one does or doesn't want to
annex is to be heard at LAFCo; the Town's function is to provide
information and give residents an indication of whether the Town
would look favorably upon an annexation request.
Dr. Arthur Jampolsky, representing the family who own 7 acres at
the head of Sky Road, asked if his property was included.
The Mayor stated the boundaries shown on the map drawn by Mrs.
Ferguson indicates where there is the most interest in
annexation; where the boundaries are finally drawn cannot be
answered at this time; it depends on how much additional interest
or disinterest is indicated in the neighborhood; we are talking
about concepts and not specifics; boundaries are settled by the
neighborhood.
Dr. Jampolsky asked how one keeps up with changes; the seven
acres of Sky Road does not wish to annex; find it difficult to
suppose you would consider that since there's no one else up
there; do I have an expression that it would not or could not be
included.
The Town Manager explained the process; the Town is being asked
to work with the residents who want annexation; the Town doesn't
draw the boundaries; this is not something LAFCo wants; it's not
what the Town wants; it's not what the County wants; it's what
the people in the area want; if they want your property included
and it is included in the boundaries in the petition that is
circulated, then it is in there. There's a process; the petition
goes before LAFCo, and you can appeal to them; LAFCo may stop the
reorganization at that point; if they think it is a logical
reorganization, then the application comes to the Town for public
hearing; that's the protest hearing, and if there is sufficient
TOWN COUNCIL MINUTES #746
October 15, 1986
Page 5
vote at that time it can stop the proceedings; there's ample time
to be included in the proceedings; contact people who are trying
to put this together; Tiburon is not including his property.
Dr. Jampolsky stated he appreciated the clarification of the
process which is very indirect and not at all an answer to his
question; his question was very specific; since none of the
people above Sky Road, the seven acres, live there and the owners
of the property are expressing in as forceful a tone as possible
that they do not wish the annexation, is it conceivable that it
could be included.
The Town Attorney responded yes.
Dr. Jampolsky asked who would determine the boundary of that map
since the citizens say they don't want that; how could you then
against the citizens will wish that; he didn't understand the
process.
The Town Attorney explained that there is a petition which is
circulated and signed and if the requisite number of people sign
it then it doesn't make any difference whether you agree with it
or disagree with it; that petition is circulated; once the
petition is filed it contains certain statutory requirements, one
of which is, what is the area that is proposed to be annexed;
when you see the petition, when you are asked to sign the
petition, you will know exactly what the proposed boundaries of
the territory are; if the requisite number of signatures are
obtained, then the petition goes to LAFCo, the Local Agency
Formation Commission; LAFCo conducts hearings and all people who
wish to comment and speak in opposition to it may do so; it's
important for all the members of the public to know that if LAFCo
determines that the annexation is going to go forward, the Town
has absolutely no authority whatsoever; they must annex the
property; that is pursuant to a specific section of the
California Government Code; even after LAFCo has made that
determination, it still may be defeated by an election; there's
still an opportunity to come before the local agency and protest;
if the requisite number of people speak in opposition, the
numbers of assessed dollar valuation, it can still be defeated.
It is possible that someone other than you will determine the
boundaries; it is also true you will have ample opportunity to
address your concerns and express your opinions at the County
level, LAFCo and if we are told we must do it, back here.
Dr. Jampolsky stated his interpretation of the statement is that
if a sufficient number of people voice their opinion that they
would like to annex and that percentage could then open up the
possibility that one could extend the boundaries to the other
side of Sky Road, then they could be included without their will;
then I think the process needs a little straightening up; think
it's only fair to notify those citizens who might be included so
TOWN COUNCIL MINUTES #746
October 15, 1986
Page 6
they can be represented; no way I could understand from the maps
that I have seen that I've been given adequate information that I
might be included, nor have the citizens on the other side of Sky
Road been given ample opportunity.
Dr. Jampolsky asked the Mayor what allegations of Mr. Wassem's
did he oppose.
The Mayor stated the two problems he saw was that Mr. Wassem
suggested that his reasoning before the sewer board a month ago
was somehow different than his reasoning before this body now;
that allegation is untrue; the position has been consistent from
this Town that the process should be followed and annexation
should be heard by LAFCOi it's a very clear policy; same policy
and same statement that was made before the sewer board, same
statement we are making now. Secondly, Mr. Wassem tried to put
in somebody's mind what the intentions of this Council were
concerning the Deffebach propertYi this Council has made no
statements about its intentions concerning the Deffebach property
other than we felt the process should be followed; that has been
clearly outlined in letters to the County Planning Department and
in a letter to Mr. Wassem. For him to come to this body and say
we are making inconsistent statements and that we are somehow
treating the Deffebach property unfairly is a misrepresentation
of the facts.
Dr. Jampolsky stated he didn't want to have a debate either, but
thought the populace ought to know; he was present at the
Richardson Board meeting and heard the Mayor say that you felt it
was the intent of the people applying to the Richardson Bay to
circumvent the process; that was an allegation of an intent;
thought that was very unfair; thought it not unfair that other
people ascribe some intent.
The Mayor stated that allegation, if it was made, was not said in
any relationship to his property. Dr. Jampolsky disagreed.
Gay Cunningham, 18 Bay Vista, stated she wrote to Tiburon in
favor of annexation because she doesn't get a response from the
County; wanted individual citizens heard; didn't want large
developers dominating proceedings; those who want to be annexed
won't include those who will vote against them.
Larry Wassem stated the reason that residents have not received
any information from the County is because absolutely nothing is
going on with the application; the EIR process has not started;
the planning process has not started; the County has had nothing
to advise them of; the County is well aware of the letters to
Tiburon, as is Neil Sorenson the Acting Director of LAFCo;
thought it was a terrible misconception that the people at the
County or at LAFCo were not paying attention to the residents.
TOWN COUNCIL MINUTES #746
October 15, 1986
Page 7
Douglas de la Fontaine, 2 Eagle Rock, spoke to the Richardson Bay
Sanitary District's Board decisions of several years ago in
regard to the Deffebach property.
Mr. Ames stated the issue is whether the Town will support the
citizens of Bay vista in their effort to study the issue of
annexation and go through the process; asked for a show of hands
of those in attendance who supported the efforts to do the study
and go to the next step in the annexation process. Mr. Ames
stated those who opposed their efforts at the last meeting and
this evening did not live in Bay Vista and thought that
observation was significant.
Virginia Brunini, Bel Aire resident, appreciated any group
wanting to come into the Town should come into the Town; 1000
people annexed without costing the Town any more than annexation
fees and Staff time; the LAFCo process is not that complex or
difficult; didn't think the present LAFCo staff is that inept
they can't follow procedure.
The Town Manager stated the residents are not precluded from
hiring a consultant; offered to meet with residents to answer
questions.
Each of the Councilmembers stated they supported Staff's
recommendations and would support an annexation effort of the Bay
Vista residents.
6. ORDER TO SHOW CAUSE (Abatement of Attractive Nuisance -
Tunnel Collapse - Paseo Mirasol Area)
The Town Manager noted there was a reporter, hired by Ron Reuter,
attorney representing the Rothenbergs, recording the
proceedings.
The Town Manager reviewed the Staff report. The tunnel was on
private property, however, Town was concerned and wanted to
assist in any way to make sure the repair efforts were made
before the rainy season. The Town Manager stated he and the Town
Engineer had been following the situation closely but had not
discussed the situation with the Town Attorney who had comments
regarding the Town's actual responsibility in regard to the
repairs.
The Town Attorney stated in his opinion the Council should not
adopt a resolution because he didn't think the condition was a
public nuisance; thought it was the responsibility of the private
property owner; the Town Manager did not have the opportunity to
consult with him prior to bringing this matter to the Council;
legally the Town did not have an obligation to do anything and
legally the Town ought not do anything.
TOWN COUNCIL MINUTES #746
October l5, 1986
Page 8
Councilmember Wilson stated he was concerned that the fence did
not completely enclose the property.
The Town Engineer stated the insurance company had indicated to
him they were ready to proceed with the work.
Yvonne Thurmond, property owner, stated they were doing
everything they could to expedite the matter; the insurance
company has accepted the responsibility for the hole.
Councilmember Wilson stated there was liability on the property
due to the unenclosed fence. Mrs. Thurmond stated they were not
allowed by the adjacent property owner to hook up to their fence;
she was optimistic the hole will be taken care of during the next
two weeks; the insurance company says they need permission from
the Rothenbergs to go onto their property and at this time, they
do not have that permission.
Council stated they would like a status report at a future
meeting.
7. GILMARTIN DRIVE ASSESSMENT DISTRICT (Unpaid Assessments -
Authorization to Proceed with Foreclosure Proceedings -
Resolution)
The Finance Director reviewed the Staff report; property owners
have become delinquent in their assessment district payments.
The Bank of the Orient had brought their property current and
Thurman and Gerdine have availed themselves of a 5-year
installment plan with the County.
Susan Feller of Ray W. Sherman Jr. Corporation was present to
answer questions.
The Mayor opened the public hearing.
Rich Tarant, attorney for Arthur Court and Walter Thurman, asked
the Council to exempt his clients lots from the moratorium on the
same basis they had exempted the Sederquist property as part of
the lawsuit; if not, he asked that his clients not be required to
suffer economic lose due to the moratorium and asked that the
Council reassess the property to reflect the impact of the
moratorium. The Town Attorney stated he had not handled the
Sederquist settlement, but was aware of the details, as was two
of the present Coucilmembers.
Council agreed that Mr. Tarant should receive a written response
from the Town Attorney.
In response to Councilman Wilson, Ms. Feller explained the
details of the legal agreement being proposed.
TOWN COUNCIL MINUTES #746
October l5, 1986
Page 9
In response to Councilman Wilson, the Finance Director explained
why the Town took so long to realize there was a delinquency; it
was difficult to measure the tax collection and the debt
servicing proceeds.
The Finance Director noted that all property owners were sent a
registered letter noticing this meeting.
In response to Mayor Duke, Ms. Feller stated there wasn't a clear
answer as to whether partial payment would preclude foreclosure
proceedings; different county tax collectors and counsels had
different opinions; would say it was perhaps discretionary; on a
5-year payment plan, if the payments are not paid on schedule,
the Town could then institute foreclosure proceedings.
Vice-Mayor Coxhead suggested the Town get bond counsel advice
regarding conflict between the County tax collection and the
Town's covenant with the bond holders.
In response to the Town Manager who asked if the Town could delay
action any longer, Susan Feller stated technically the Town has
passed its time limit already.
MOTION: To adopt Resolution Ordering Judicial Foreclosure of
Delinquent Assessments Pursuasnt to The Improvement Bond
Act of 1915, and Ordering that The Tax Collector Be
Credited with Those Assessments
Moved: Shaw, Seconded by Mayberry
AMENDED MOTION:
Moved: Wilson
Section 2 be eliminated from this resolution
and deferred until Council has benefit of
advice from bond counsel and to allow Town
Attorney to respond to Mr. Tarant's questions.
Both Councilmembers Shaw and Mayberry agreed to amended motion.
Vote: AYES:
Unanimous
The Town Manager to ask bond counsel whether the Town can proceed
with foreclosure if the property owners sign up for a 5-year
payment plan.
8. ENCROACHMENT PERMIT (Fence at 1490 Vistazo West Located on
Town Right-of-Way)
The Planning Director reviewed the Staff report. This item had
been continued so Staff might determine whether the fence had
received Design Review approval; information has been provided
that the fence was shown on the approved plans and members of the
Board have indicated the fence was part of the review process and
approved. Staff recommends approval of a revocable encroachment
permit.
TOWN COUNCIL MINUTES #746
October 15, 1986
Page 10
Andrew Zablocki, 1490 Vistazo West, showed Council pictures and
presented Council with a letter of explanation. He had built a
greenhouse and removed it at the direction of the Board; he
didn't know he needed an encroachment permit; fence is 6'6" from
the curb; does not obstruct views.
In response to Councilmember Mayberry, Mr. Zablocki stated he
applied for the encroachment permit in September after being
informed by the Building Official that he needed one; he had five
hearings before the Board and received final approval on March
20, 1986; he drew plans for the Board.
Councilmember Wilson stated he normally doesn't recommend any
encroachment into the Town's right-of-way; thinks its an
imposition and people shouldn't expect it; Town may have plans in
the future and the Town deserves the use of its own right-of-way;
in this case, there's a paved street with curbs and gutters and
it is not likely any future work will be done; reluctantly agree
to the encroachment permit as long as its revocable.
Councilmember Mayberry stated she opposed it for a couple of
reasons; first, it was done without benefit of a permit; this
applicant performed work without building permits; he has not
paid penalties for not going through the permit process; feel the
flouting of city regulations should not be permitted; to her
knowledge, the Building Inspector told Mr. Zablocki he needed an
encroachment permit, and Mr. Zablocki finished the fence anyway.
Mr. Zablocki stated the fence was already finished when the
Building Official notified him of the need for a permit and he
contacted the Superintendent of Public Works the same day to
apply for an encroachment permit.
Vice-Mayor Coxhead stated he was concerned because he had made a
mistake and was looking at the fence at l494 Vistazo; thought Mr.
Zablocki made an innocent mistake; would approve request as
recommended by Staff.
Discussion ensued regarding penalties and it was determined that
the fees were doubled when permits were applied for after the
fact, but the Town Attorney advised against punitive damage
penalties.
MOTION:
Moved:
Vote:
To grant a revocable encroachment permit to 1490 Vistazo
West for the fence
Duke, Seconded by Wilson
AYES: Wilson, Coxhead, Shaw, Duke
NOES: Mayberry
TOWN COUNCIL MINUTES #746
October l5, 1986
Page 11
9. BELVEDERE/TIBURON JOINT RECREATION <DMMITTEE BUDGET
(Discussion of 1986-87 Budget)
The Finance Director reviewed the Staff report.
Nancy Cappelloni, Director, and Pricilla Tripp, Boardmember, were
present.
There were no public comments.
Nancy Cappelloni stated everything was going real well; pointed
out there was an increase in administrative expenses; overhead
expenses have risen $9,000; increased administrative position due
to increase in programs and need; more hours for more Staff;
also, minimal benefit program for employees and a payroll service
has been added. Mrs. Cappelloni stated there had been previous
discussion about not administering the McKegney Green user fees,
however, they will administer the program. Another new budget
item is a contribution of $2,500 to RUSD for use of their
facilities. She stated the Angel Island Day Camp and Afternoon
Academy were profit making programs; the others were community
services.
Discussion ensued regarding charging organized groups fees for
use of McKegney Green; the Town's maintenance costs, irrigation
costs; enforcement problems.
Council thanked Mrs. Cappelloni and Mrs. Tripp for attending the
meeting and discussing the budget.
10. NEWSPAPER RACK REGULATIONS (Uniformity of Design and Color)
Vice-Mayor Coxhead stated he has had several conversations with
the Distribution Manager of the Independent Journal and USA
Today; the bright orange colored racks have been removed from
Tiburon and Belvedere; they will also remove racks that are not
profitable. He stated so much progress has been made that he was
not asking the Council to take any action this evening; asked
Staff to look into possibility of permits for newspaper racks and
report to the Council in the future. Vice-Mayor Coxhead thanked
the IJ for their responsiveness.
G. COMMUNICATIONS, STAFF AND TOWN MANAGER REPORTS
a. Ltr. from BCDC to the Hobbs' Property Attorney, dt'd. 9-9-86
(Illegal Fill and Rip-Rap Options)
Council directed Staff to notify BCDC that Options 2 and 3 as
outlined in their letter were not acceptable to the Town.
b. Angel Island Improvements Public Hearing Minutes, dt'd.
9-16-86
Council accepted as informational item.
TOWN COUNCIL MINUTES #746
October 15, 1986
Page l2
B. EXECUTIVE SESSION
The Mayor adjourned the meeting at 10:30 P.M. to Executive
Session to discuss litigation.
I. ADJOURNMENT
There being no further business before the Town Council of the
Town of Tiburon, Mayor Duke adjourned the Executive Session at
ll:20 P.M. to Executive Session at 7:00 P.M. prior to the Town
Meeting at Reed School on October 29, 1986 at 8:00 P.M.
j-
/'/
. ~j /-
~. e:: _"-"I:' <..::::;;:7"---;-... .. '-.
"L~WRENCE J. DUKE, MAYOR
Town of Tiburon
ATTEST:
R.~~NAGER/CLERK
TOWN COUNCIL MINUTES #746
October 15, 1986
Page l3
MINUTES
TOWN COUNCIL
CALL TO ORDER
Mayor Duke called the regular meeting of the Town Council of the
Town of Tiburon to order at 7:30 P.M., Wednesday, October l,
1986, in the Tiburon Lodge, Tiburon, California.
A. ROLL CALL
PRESENT:
COUNCILMEMBERS:
Mayberry, Wilson, Coxhead,
Shaw, Duke
ABSENT:
COUNCILMEMBERS:
None
EX OFF ICIO :
Acting Town Manager
Nadritch, Town Attorney
Ragghianti, Town Engineer Bala,
Supt. of Public Works Brunini,
Planning Assistant Britt,
Assistant Town Clerk Hennessy
B. APPOINTMENTS TO CDMMISSIONS, BOARDS, COMMITTEES
GENERAL PLAN OOALS COMMITTEE
The Mayor appointed five members to the General Plan Goals
Committee who will evaluate existing goals and policies of the
General Plan. The members are: Rod Bessolo, Chairman; Rod
McLeod, Bill Goldberg, John Harris and Diana Bennett.
c. COMMISSION AND COMMITTEE ORAL REPORTS
1985-86 TREASURER'S ANNUAL REPORT (Status of Investment Program -
Town Treasurer F. G. Knight)
Mr. Knight explained that one of the more significant changes in
the Town investment position was to return to investing in the
Local Agency Investment Fund in Sacramento which serves as a
money market fund; the Town has $4.3 million invested at a rate
of 8%. Mr. Knight also stated the Town has changed auditors and
a report is forthcoming.
...,
Mr. Knight presented the Council with a letter of resignation as
Town Treasurer and thanked the Town for the opportunity of
service for the past ten and a half years. Mr. Knight stated the
resignation would be effective at the convenience of the Council.
Mayor Duke thanked him sincerely for the great amount of time and
effort and directed Staff to prepare an appropriate thank you for
a future meeting.
TOWN COUNCIL MINUTES #745
October l, 1986
Page 1
D. PUBLIC QUESTIONS AND COMMENTS
Diana Bennett, LCOTPOA, asked for a response to their inquiry
regarding illegal second units in their neighborhood. Mayor Duke
stated a revised second unit ordinance will be considered by the
Town shortly.
Virginia Brunini asked if the annexation item might be moved
forward. The Mayor stated they would get to that item as soon as
possible.
John Rankin questioned 2A of Measure C which excluded conditional
use permits and asked why Point Tiburon was not excluded. The
Town Attorney stated he would research the question and respond
directly to Mr. Rankin.
James Murray, attorney, stated there was concern at the Board of
Directors Chamber of Commerce meeting regarding the issuance of
conditional use permits at Point Tiburon and questioned whether
anyone was calculating the number of parking spaces being
allocated; they expected more use permits had been approved by
the Subcommittee than spaces exist. Councilmember Wilson stated
there will be a summary of parking spaces available at the next
Subcommittee meeting: the project is 50% leased at the present
time.
Mr. Murray stated he had talked to Mr. Knauber of Sanitary
District No. 5 who stated connection fees need to be paid to the
District for the commerical area.
E. CONSENT CALENDAR
Item 1. ENCROACHMENT PERMIT (Fence at 1490 Vistazo West) was
removed from the Consent Calendar and agendized for October 15
with the consent of the applicant.
MOTION: To appove the Consent Calendar consisting of the
following items:
2. CLAIM AGAINST THE TOWN (Quinan, Recommend Denial)
3. MODIFICATION OF FIVE YEAR FAU PROGRAM (Resolution)
4. ORDER TO SHOW CAUSE (Set Public Hearing To Abate
Attractive Nuisance - Tunnel Collapse - Paseo Mirasol)
Moved:
Vote:
Wilson, Seconded by Coxhead
AYES: Unanimous
F. PUBLIC HEARINGS & BUSINESS ITEMS
5. POINT TIBURON LOW/HlDERATE INCOME HOUSING (Consider Options
for Housing Assistance)
The Finance Director reviewed the Staff report.
TOWN COUNCIL MINUTES #745
October 1, 1986
Page 2
Dick Bornholdt, Housing Consultant, stated the options have been
discussed by the Subcommittee of the Council; they have reviewed
the relevant documents and agreements that have been executed
relating to this project; the Town has three options to create
affordable housing beyond what is already required by those
agreements (1) no further action, and allow the developer to sell
the units at the maximum moderate income rate (2) the Town can
provide down payment assistance to particular eligible households
and (3) buy some or all of the units and rent them to Town
employees and the elderly. Mr. Bornholdt stated the Town
Attorney has provided his legal opinion on Article 34 of the
State constitution which describes what has to happen for public
ownership of housing.
The Town Attorney stated he has concluded that preference may be
given to the elderly and Town employees if the Town decides to
acquire any of the units under discussion; Article 34 presents a
problem but there are several ways to take the Town outside the
umbrella created by Article 34 such as an agreement with a non-
public entity.
Mr. Bornholdt explained the median income range as published by
the federal government and the upper limit income in order to be
eligible for one of these units.
Mayor Duke stated he had met with Mr. Irmer, President of The
Innisfree Companies, and told him that the Town would be
interested in submitting an offer to purchase some of the
units. Mr. Irmer stated he would be willing to take the offer
under consideration and discuss it with his lenders. Mr. Irmer
does believe the units can be sold close to the maximum selling
price and would like to have the opportunity to sell those units
through a lottery system; if they were unable to sell the units
to people who meet the criteria as outlined by the Town, the Town
would have another opportunity to buy these units.
In response to Councilmember Shaw, the Town Attorney stated he
had spent in excess of 20 hours and the Housing Consultant stated
he had spent approximately 40-50 hours researching and discussing
affordability.
The Mayor opend the public hearing.
Mary Rogers, Commissioner on Aging, urged the Council to purchase
the units to provide low rent housing.
Nat Marans supported the acquisition of 20 units for low income
housing at Point Tiburon, but objected to the price as being
excessive.
Virginia Brunini, real estate broker, suggested Council have
competent real estate advice when negotiating with Point Tiburon.
TOWN COUNCIL MINUTES #745
October 1, 1986
Page 3
Terry Hennessy, Assistant Town Clerk, on behalf of the Town
employees, urged the Council to purchase some or all of the
units; her personal preference was to purchase a unit, however,
she expressed feelings that the future Town employees would
benefit by the Town keeping control. Ms. Hennessy stated she
loved the community; that the Town needed diversification and
urged the Council to provide housing for the poor.
The Mayor recommended and Council agreed to authorize the
Council's Subcommittee to enter negotiations to make an offer to
Innisfree for a minimum of ten and a maximum of 20 units at a
price to be determined. Mayor Duke stated if the Town makes an
offer to buy ten of the units, then the other ten units can be
offered for sale as low/moderate income housing.
In response to Councilmember Wilson, Mr. Bornholdt stated the
number of interested persons varies depending upon whether the
units are for rent or for sale. Councilmember Wilson also
cautioned too much emphasis being placed on the number of dollars
per square foot because the smaller the building, the greater the
square foot cost.
Mr. Bornholdt described the formula used to establish the maximum
selling price of the units; the amount the Town would lend buyers
toward the down payment in order for Town employees to qualify
for the mortgage. The developer is assuming a 20% down payment;
the Housing Authority has found 10% is the maximum for moderate
incomes to come up with, 5% is preferable. The formula in the
Town's resolution allows for 15% down payment.
Discussion ensued regarding keeping the units as low/moderate
income housing and the necessity of including perpetuity clauses
in the selling agreements.
MOTION: To amend Resolution No. 2395 to include preference for
the elderly.
Moved: Duke, Seconded by Shaw
Councilmember Wilson asked that the preference include Tiburon
elderly. The Town Attorney stated this inclusion was possible
but not advisable and explained possible problems as a result of
the Unhru Act. Mr. Ragghianti suggested the Town employees may
be given first preference.
Vote: AYES:
NOES:
Mayberry,Coxhead, Shaw, Duke
Wilson
In response to Mr. Knorpp of Innisfree, the Mayor stated the
Subcommittee would try to meet with the developer Wednesday,
October 8.
The next item was taken out of order to accommodate members of
the audience.
TOWN COUNCIL MINUTES #745
October 1, 1986
Page 4
7. PARKS & OPEN SPACE COMMISSION RECOMMENDATIONS
a. Installation of Trough at South of the Knoll Water Fountain
Staff recommended against this installation. Mr. Jack Gaines
objected to this recommendation.
MOTION:
Moved:
Vote:
To accept Staff's recommendation not to install the
dog trough.
Mayberry, Seconded by Wilson
AYES: Mayberry, Wilson, Coxhead, Duke
NOES: Shaw
b. Stencil No Bicycle Riding at Entrance to Shoreline Park
Council directed Staff to stencil the Park area as designated.
c. Repair The Children's Slide at South of the Knoll Park
Council directed the Town Engineer to design something for the
slide repair according to ABAG's concerns.
6. APPEAL DESIGN REVIEW BOARD DECISION (Tree Complaint 10 St.
Bernard, Steiger Property)
Councilmember Wilson asked that testimony be limited to new
evidence; the Council would rather not have the case retried.
Mayor Duke commended the Planning Assistant for the detailed
Staff report.
The Planning Assistant reviewed the Staff report and presented
photographs to the Council; an illustrated plan was displayed
which depicted the trees the Design Review Board has requested be
removed and a plan proposed by the appelant's landscape
architect. Ms. Britt reviewed criteria to be considered, i.e.,
unreasonable obstruction of a vista; how many vistas are
obstructed; degree of enjoyment lost by the complaintants and
that the correction of the obstruction will not decrease the
enjoyment of the tree owner. The Design Review Board's motion
had requested Mrs. Steiger to hire a landscape architect to
prepare a plan; the tree ordinance refers to an amount being
deposited with the Town for professional assistance; Mrs. Steiger
has already spent $5,000.
Mrs. Steiger, tree owner, stated her landscape architect had
proposed a plan which she felt was more than necessary but she
was willing to accept it as a solution. She agreed with the
Staff report and objected to the allocation of costs proposed by
the Board.
Winfield Smith, Glen Ellen, landscape architect, stated he had
slides available to show the Council which had not been shown to
the Design Review Board.
TOWN COUNCIL MINUTES #745
October 1, 1986
Page 5
Zach Cowan, attorney for Mrs. Steiger, stated they agreed with
the Staff report, but disagreed with the allocation of costs;
Staff recommends a fifty-fifty share of costs; he recommends the
complaintants are the ones most affected and should bear the
costs; asked Council for 30 days to get estimates; plan of
landscape architect is acceptable but not the allocation of
costs.
Michael Lyons, Chairman of the Design Review Board, objected to
some comments in the Staff report; didn't think any tree owner
has a right to plant trees to create slope stability at the
expense of neighbors views; retaining walls and drainage channels
can be installed. Mr. Lyons stated Staff's comments regarding
the landscape architect were correct, however he elaborated on
the Board's request for a landscape plan; the Board felt the
first two presentations were a long way from addressing the view
blockage problems the complaintants raised; the Board asked Mrs.
Steiger to come back with a plan that addressed the issue. Mr.
Lyon took exception to Mr. Cowan's statement regarding the
allocation of costs because there were several complaintants; he
stated he would have made the same findings and allocated the
costs to Mrs. Steiger if there had been only one complaintant.
Marylyn Siewert, former member of the Design Review Board who had
voted on this decision, stated this decision was consistent with
other tree complaint issues; she felt the Staff report had errors
in fact; thought it was inappropriate for Staff to make comment
regarding only four members being present for the final vote;
that the Board had a quorum.
The Mayor questioned why the Board asked that eight trees be
removed from the down slope when the landscape architect proposed
three due to possible slope instability as a result of removing
too many trees.
Mrs. Siewert stated the decision was based on view blockage,
particularly from Mrs. Cavalieri and Mrs. Road's houses; the only
way to restore the view is to remove the trees.
Mr. Lyons stated there is no privacy issue if the trees are
removed; the view blockage is definitely an issue. Mrs.
Steiger's enjoyment of the trees is subjective; trees cannot be
looked upon as a solution for slope stability; alternate forms of
landscaping can be installed.
Discussion ensured regarding the difference between slope
stability and erosion; the need for revegetation before trees are
removed.
Stewart Hopkins complimented the Design Review Board; reviewed
the clause in the tree ordinance regarding deposit for outside
consultants; neighboring trees will be addressed after this issue
is solved; the complaintants want a restoration of views they
previously enjoyed; asked Council to affirm the Board's decision.
TOWN COUNCIL MINUTES #745
October 1, 1986
Page 6
Mr. Mel Ronick, Ridge Road, stated they chose to live on the
hills because of the view; he had been trying to get the trees
removed for 13 years; they had tried to be neighborly and
diplomatic; objected to trees being trimmed because pines grow 6
to 8' a year; the Council was elected on a "no growth" issue;
they want the trees down; they don't want to come back to the
Council every year; presented Council with a list of people whose
views have been obstructed over the years.
James Laurie, Lagoon View, stated if necessary they could hire
their own landscape architect to present their point of view;
stated it was the financial responsibility of the owner to pay
for this project; they wanted 58 trees taken down; he wasn't
happy with the Board's recommendation to remove 41; now the
latest proposal was for only 16 trees; he would like all the
trees removed. In response to the Mayor, he stated the file
photograph did not reflect his view accurately.
Ralph Cavalieri, Ridge Road resident for 18 years, stated
personal contact was unsuccessful 12 years earlier and a
registered letter was sent; presented photos showing 1958 view;
photos taken in 1971 show view beginning to disappear; if instead
of trees, the Steigers had built a 50-60 foot wall, it would
never be allowed.
Ron Schaefer, l839 Centro West, l3 year resident, stated he was
concerned about possible slides; his property is directly below
the Steigers; he wanted to be sure erosion plans were in place
before trees were cut down. In response to Vice-Mayor Coxhead,
he stated he didn't know who owned the property between his and
Mrs. Steiger.
Michelle Road presented Council with a picture of her view when
she moved into her home.
Joy Easom didn't think slides had relevance to the view blockage
issue; objected to Staff's observation that her view was only
slightly affected; didn't think picture shown in the report was
representative; the photos were not taken with a telephoto
camera.
The Mayor stated everyone agreed there was a view blockage; the
issue was should the Council uphold the Design Review Board and
remove all the trees or should the Council recommend removing
fewer trees now and re-evaluate the issue later.
Mr. and Mrs. Porter stated they owned the adjacent line of trees
and were very concerned about an erosion problem; the Board did
not allow erosion problem discussion; they were 30 year residents
and last year was the first sign of erosion problems; they were
getting bids to correct drainage problem; they were concerned
about trees being removed before they have a chance to correct
the erosion problem; recommended a gradual reduction of trees
that won't create an erosion problem.
TOWN COUNCIL MINUTES #745
October l, 1986
Page 7
Margaret Azevedo, 1877 Centro West, 35 year resident, supported
Mrs. Steiger's appeal; asked Council not to make a decision until
they looked at slides prepared by Mr. Smith; the Board took a
plan prepared by professionals, which it asked for, which
identified every tree and related it to each view and then
requested 15 additional trees be removed. She emphasized that
the landscape architect had recommended some of the trees to be
topped and trimmed and then evaluated. Mrs. Azevedo stated the
Town ordinance provides for maintenance and enforcement and trees
shouldn't be removed because they will continue to grow. She
objected to the allocation of costs because she was confident
Mrs. Steiger had not totally disregarded their previous requests;
she stated there was nothing in the ordinance to require Mrs.
Steiger to plant anything; the ordinance did not entitle
complaintants to uninterrupted views; the ordinance entitles them
to a vista; the Council couldn't do anything that would
materially decrease the tree owner's enjoyment of her property;
the tree owner's objections to invasion of privacy, shelter and
erosion are valid; she suggested the landscape architect's plan
strikes a good balance between conflicting interests. Asked
Council to look at the facts and the circumstances and not the
feelings regarding the allocation of costs; thought lOO%
allocation of costs to Mrs. Steiger was preposterous.
Hank Easom showed the Council pictures taken in 1950-55 when
there were no trees on the hill.
The Mayor closed the public hearing.
The Mayor called a recess from lO to lO:l5 P.M.
In response to the Mayor, the Town Engineer stated he had not
visited the site and could not comment on soil stability; he
explained the difference between slides and erosion, i.e., slides
are deep and erosion is velocity of water over top dirt which is
usually controlled by ground cover.
The Town Attorney advised Council that when dealing with appeals
the subject of evidence and findings is extremely crucial; if
there was evidence placed before the Board regarding erosion and
not counterweighted, it has to be taken into consideration;
findings must be supported by substantial evidence.
The Assistant Planner Britt stated Winfield Smith had recommended
no removal of certain trees due to erosion.
Mr. Smith stated there was testimony given by property owners
regarding soil instability on that slope; on that testimony, he
based his findings that further removal of more trees might be
detrimental; stated he was not qualified to state whether there
is a geotechnical problem on the hill.
In response to Councilmember Wilson, Mr. Smith stated he
recommended removal of three trees on the down slope because they
were considered to have health problems.
TOWN COUNCIL MINUTES #745
October 1, 1986
Page 8
In response to Councilmember Wilson, the Town Attorney stated he
perused Mr. Cowan's September 29th letter this evening and did
not read anything in the letter that supports the contention that
the ordinance is unconstitutional; the ordinance outlines a
procedure to be followed for the allocation of costs; the Council
can reverse, modify or uphold the decision of the Board based on
substantial evidence.
Councilmember Wilson asked why the slides were not available at
the Board hearing; thought the allocation of costs was something
the Board did consider; slope stability was an issue that
obviously had not been settled; didn't think the Board's decision
to remove trees puts liablity on the Town or the neighbors; it's
the property owners problem to take care of soils stability;
proposed the Council uphold the Board's decision.
Vice-Mayor Coxhead stated he visited Mrs. Steiger's property;
didn't feel privacy would be affected by the removal of trees;
some of the trees obstruct her view of the Belvedere lagoon; the
file had numerous letters from neighbors over the years and no
letters of response from Mrs. Steiger; felt she had disregarded
her neighbors views and should pay 100% of the cost. Vice-Mayor
Coxhead felt there was 85% agreement between the parties
regarding which trees need to be removed; suggested Mrs. Steiger
show some good will and remove the trees proposed by the Board
with the exception of those along the rear slope and in that area
remove three trees as proposed by the landscape architect; he
also suggested the complaintants advance a deposit of $3,000 for
a consultant regarding additional tree removal; suggested item
return to Council on November 5 for possible allocation of costs;
suggested part of Mr. Smith's $5,000 fee be paid by complainants.
Councilmember Mayberry stated she agreed with the Design Review
Board's decision and that the tree owner be allocated 100% of the
cost due to her previous disregard of the neighbors' requests.
Mayor Duke stated he basically agreed with the Board's decision;
had concern regarding the trees along the driveway based on the
information available; suggested three trees as outlined by the
landscape architect be removed at this time instead of eight;
trim and thin the remaining trees; show the Council some evidence
that removal of the remaining trees will cause a soils problem;
thought $3,000 deposit from the complaintants was warranted;
leaning toward compromise position and continuance.
Councilmember Mayberry objected to a continuance; thought the
complaintants had suffered long enough.
In response to Councilmember Shaw, the Town Attorney stated
removal of the trees did not present the Town with a legal
problem, however, the downhill property owners might have a
position against the uphill property owners; cited ordinance
regarding contributing to erosion.
TOWN COUNCIL MINUTES #745
October l, 1986
Page 9
Zach Cowan suggested the landscape architect's plan be accepted
as proposed and allocation of costs be reevaluated on the basis
of which views were benefitted and how long that viewholder has
lived in that house.
MOTION: The tree owner be directed to cut down those trees as
recommended by the Design Review Board except those
trees along downslope area of the driveway; in the
downslope area of the driveway, three trees as
designated by the landscape architect should be removed,
and the remaining trees trimmed and thinned. This work
to be accomplished by November 15, 1986 and 100% of the
cost shall be borne by the tree owner. Complaintants to
deposit $3,000 by October 15, 1986 with Town Staff for
the purpose of chosing a consultant to establish
geotechnical information that will justify leaving the
remaining trees in place or to establish that their
removal will not create soil instability.
Moved: Duke, Seconded by Coxhead
Councilman Wilson stated he would vote against the motion because
he didn't think it went far enough; thought the consultant's cost
provision of the ordinance could be remanded to the Board for
their further consideration; thought the Council was leaving the
issue open for the tree owner to hire a consultant who will tell
the Council that the trees will be needed for that slope; the
burden shouldn't be on the Town to take care of a slope problem
if one exists.
AMENDED MOTION:
The vista to be reevaluated by the Board as to
whether additional trimming needs to be done or
additional trees need to be removed; cost of
geotechnical consultant to determine slope
stability and future removal of additional
trees and trimming of future trees remanded
back to the Board for determination of
allocation of costs; Staff to choose the
geotechnical consultant
Chairman Lyon objected that vistas would not be restored if only
three trees were removed from the downslope area.
Councilmember Wilson stated that if this motion failed, he would
make a motion to uphold the Board's decision and remand
consultant's cost to the Board.
VOTE: AYES:
NOES:
Coxhead, Shaw, Duke
Mayberry, Wilson
Chairman Lyon requested and Mayor Duke agreed that the Town
Engineer will review the geotechnical report.
TOWN COUNCIL MINUTES #745
October 1, 1986
Page 10
8. BAY VISTA ANNEXATION (Town's Consideration of Annexation
Interest By Residents)
The Finance Director reviewed the Staff report which recommended
consideration of hiring Nelson Consulting Services to assist in
the Bay Vista Annexation efforts.
Warren Nelson, Nelson Consulting Services, briefly reviewed his
proposal which responded to Bay Vista residents' interest in
annexation.
Councilmember Wilson stated this was the first he had heard of
the idea of annexation of the Bay Vista area; had noted in the
Town Manager's summary of consultant's costs meetings with Warren
Nelson; previous annexation of Bel Aire was without cost up
front; Town policy has been not to actively pursue annexation;
Bel Aire residents came to the Town and used their own resources
and Town Staff to get facts; think it is going overboard to ask a
consultant how to expedite annexation; felt annexation for the
benefit of being included in the moratorium was a poor reason to
annex to the Town.
The Finance Director stated he had a brief meeting with John
Gobershock, Strawberry Area Community Councilmember, who asked
him to present his observations to the Council. Mr. Gobershock
gave him a copy of the Strawberry Area Community Council
Feasibility Study performed in April 1983 and Angus McDonald
Report; he didn't think a consultant was necessary: the Town
could use the study and report for information.
Virginia Brunini stated she had worked on the Strawberry Area
annexation study and the Bel Aire annexation. The Bel Aire
annexation was brought to the Town without Town expense; she
strngly protested the hiring of anyone; the LAFCo Staff still
existed; if she was on the outside, she would question why the
Town doesn't have a planning department structure; would she want
to be part of a Town with lawsuits pending; the Council was
entertaining thoughts of spending $8,800 on a consulting contract
when 14 out of 65 homes contacted the Town; if the people want
annexation, they will ask questions and initiate it.
Douglas de la Fontaine, Eagle Rock, stated the Town has no Town
Hall; no library; no recreation facilities; thought the Town
Council should tell Staff no more annexations which takes time,
energy and money; direct Staff to organize themselves; the Town
has nothing to offer.
Ed Sotelo, lO North Knoll Road, President Richardson Bay Sanitary
District, stated the Mayor appeared before their Board and told
them to go through the procedures at LAFCo; now the Council is
saying there is no LAFCo; stated Council was footing the bill and
actively asking for annexation; Tiburon is doing what they use to
say they didn't do; this action is premature.
TOWN COUNCIL MINUTES #745
October 1, 1986
Page 11
Trip Ames, Bay vista resident, supported annexation; stated
letters were written on a casual basis; most of the people were
not solicited directly to do so; they would like to know some
answers regarding taxes; their annexation was different than Bel
Aire because they had a different mailing address; different
school district; the pending Cypress Hollow project; asked who
was best qualfied to answer questions.
Bill Crosby, member of the Tiburon Hill Estates Board of
Directors, but speaking as a private individual, asked Council to
find out how many people want the annexation; suggested residents
of Bay Vista do their own homework and bring a petition with
sufficient number of names to the Town; didn't think the Town was
in a position to spend any money until it finds out how serious
these annexation efforts are.
Trudy de la Fontaine, Eagle Rock, stated Mr. Nelson's original
proposal included annexing Eagle Rock and she strongly protested
including this area in any annexation attempt.
Larry Wassem, representing owners of 21 Barn Road, the largest
owners in the area stated they do not want annexation; asked why
Tiburon was approaching annexation in a piecemeal manner.
Mr. Ames stated for the record that Mr. Wassem represents
Deffebach and the Cypress Hollow project.
Richard Everton, Bay Vista resident, stated he and other
neighbors were opposed to annexation; asked what Tiburon had to
offer; thought Tiburon should put their own house in order.
Mrs. de la Fontaine stated she wanted to be contacted if Tiburon
ever considered annexing the Eagle Rock area.
Katherine Ferguson stated they didn't know how to proceed with
annexation efforts and were asking the Town to hire Mr. Nelson to
help them.
Mr. Nelson stated the Bay Vista annexation, if initiated, is
hardly piecemeal; it would be one involving logical boundaries
based on service abilities.
Councilmember Mayberry stated she would like to be receptive to
requests from Bay Vista residents but would feel more comfortable
if the Council had stronger representation from the area
indicating ,an interest in the possibility of annexation; the
Council was not considering Eagle Rock; no one doubted that the
reason this discussion came about was due to the Cypress Hollow
project; the Town has taken a position that the Cypress Hollow
project is within the Town's Sphere of Influence; didn't know if
it was the responsibility of the Town to pay for information;
would feel more comfortable if 50% of the area expressed
interest.
TOWN COUNCIL MINUTES #745
October 1, 1986
Page 12
Vice-Mayor Coxhead stated he was on the Council during the Bel
Aire annexation; thought LAFCo should be providing services; his
recollection of the Angus McDonald report led him to believe
there is no financial benefit to the Town to annex this area; if
the County will pay for Mr. Nelson's contract, the Vice-Mayor
stated he would be in favor of it.
MOTION: Town take no action to hire a consultant on Bay Vista
annexation; this proposal be turned over to Mr. Ames for
his use in the neighborhood.
Moved: Wilson
Motion failed for lack of a second.
MOTION: To continue this item to the next meeting and discuss
the possibility of getting some of this money
reimbursed.
Moved: Duke, Seconded by Coxhead
Councilmember Shaw requested that postcard notices be sent to
everyone in the area. Vice-Mayor Coxhead objected to spending
money to notify people who are not within the Town limits.
Vote: AYES:
NOES:
Coxhead, Mayberry, Duke
Shaw, Wilson
9. CIBRIAN WATER TANK (Authorization to Fund Geotechnical Survey
by MMWD)
The Finance Director reviewed the Staff report.
Councilman Wilson requested Staff to make sure that the work the
Town pays for is suitability of site and not design work.
MOTION: To authorize Staff to advance the $5,000 deposit to
MMWD to commence the soils investigation as outlined by
the Town Engineer for the Cibrian water tank.
Moved: Wilson, Seconded by Mayberry
Vote: AYES: Unanimous
lO. PROPOSITION 61; GANN PAY LIMITATION INITIATIVE (Recommend
Town Opposition - Resolution)
MOTION:
Moved:
Vote:
To adopt Resolution Opposing Proposition 61
W~lson, Seconded by Coxhead
AYES: Unanimous
G. COMMUNICATIONS, STAFF AND TOWN MANAGER REPORTS
a. Memo from Town Manager to Town Council dt'd. 9-25-86
Regarding Tiburon Town Meeting
Council set Wednesday, October 29, 1986 for a Town Meeting.
TOWN COUNCIL MINUTES #745
October 1, 1986
Page 13
b. Karin Alliance Informational Sheet (News Rack Regulations)
Council agendized this item for October 15, 1986.
The Mayor announced that the Governor has declared the week of
October 6 as ridesharing week.
B. ADJOURNMENT
There being no further business before the Town Council of the
Town of Tiburon, Mayor Duke adjourned the meeting at 12:25 A.M.,
October 2, 1986 sine die.
j
~~~-~
LAWRENCE J. DUKE, MAYOR
Town of Tiburon
ATTEST:
R~~NAGER/CLERK
TOWN COUNCIL MINUTES #745
October 1, 1986
Page l4
MINUTES
TOWN COUNCIL
EXECUTIVE SESSION
The Mayor called the Executive Session to order at 6:10 P.M.,
Wednesday, September 17, 1986, for the purpose of discussing
litigation. The Executive Session was adjourned at 7:25 P.M.
CALL TO ORDER
Mayor Duke called the regular meeting of the Town Council of the
Town of Tiburon to order at 7:45 P.M., Wednesday, September 17,
1986, in the Tiburon Lodge, Tiburon, California.
A. ROLL CALL
PRESENT:
COUNCILMEMBERS:
Wilson, Coxhead, Shaw, Duke
ABSENT:
COUNCILMEMBERS:
Mayberry
EX OFFICIO:
Town Manager Kleinert, Town
Attorney Ragghianti, Town
Engineer Bala, Supt. of Public
Works Brunini, Chief of Police
Bailey, Finance Director
Nadritch, Assistant Town Clerk
Hennessy
B. APPOINTMENTS TO CDMMISSIONS, BOARDS, OOMMITTEES
The Mayor announced that the Belvedere/Tiburon Joint Recreation
Committee had two vacancies, and Priscilla Tripp has indicated
her willingness to serve another term.
MOTION: To appoint priscilla Tripp to another two year term
on the Belvedere/Tiburon Joint Recreation Committee
Moved: Duke, Seconded by Wilson
Vote: AYES: Unanimous
ABSENT: Mayberry
There was one vacancy on the Tiburon Parks & Open Space
Commission and Jocelyn McDonnell indicated her willingness to
serve anoth~r four year term.
MOTION: To appoint Jocelyn McDonnell to a four year term on
the Parks & Open Space Commission.
Moved: Duke, Seconded by Coxhead
Vote: AYES: Unanimous
ABSENT: Mayberry
TOWN COUNCIL MINUTES 1744
September l7, 1986
Page 1
c. COMMISSION AND OOMMITTEE ORAL REPORTS
Continued to end of the agenda.
D. PUBLIC QUESTIONS AND CDMMENTS
PLANNING DIRECTOR
The Town Manager introduced the Town's new Planning Director Greg
Scoles. Mr. Scoles was chosen from a field of 86 candidates.
Mayor Duke, on behalf of the Town Council, stated the Town was
pleased he had accepted the position and looked forward to
working with him.
NEWSPAPER BACKS AT BUS STOPS
Vice-Mayor Coxhead asked Staff to research the rights of
newspaper vendors to place their racks on CAL/TRANS property;
asked if the Town might request the racks be uniform in design
and color.
E. CONSENT CALENDAR
The Town Engineer stated the Reed Ranch Road overlay project bids
were opened at his office this date and the low bidder was W. R.
Forde. Mr. Bala stated previous experience with the contractor
has been poor and not up to his standards, however he would
recommend the Council award contract this time and notify the
contractor this was their last chance.
MOTION: To approve the Consent Calendar consisting of the
following items:
1. APPROVAL OF MINUTES #741, August 20, 1986
#742, August 22, 1986
#743, September 3, 1986
2. 1986-87 APPROPRIATION/LIMITATION CALCULATIONS - Resolution
3. CLAIMS AGAINST THE TOWN (Recommend Denial)
a. Carol A. Duerner
b. William Papsco and Papsco, Inc.
c. Barbara Aksland
4. AWARD OF CONTRACT (Reed Ranch Road Overlay)
Moved: Wilson, Seconded by Coxhead
Vote: AYES: Unanimous
ABSENT: Mayberry
F. PUBLIC BEARINGS & BUSINESS ITEMS
5. POINT TIBURON LOW/MODERATE INCOME HOUSING (Consider Options
for Housing Assistance)
The Town Manager reviewed the Staff report.
TOWN COUNCIL MINUTES #744
September 17, 1986
P ag e 2
Dick Bornholdt, Housing Consultant, stated he was studying
alternatives with respect to using all or portions of the Town's
housing fund and tax increment funds; various management
alternatives should the Town acquire the units; alternatives of
renting some of the units to public employees and the management
of those units.
Mr. Bornholdt stated the Town Attorney was studying the legal
aspects of the Town or the Redevelopment Agency acquiring the
units.
Nat Marans, Spanish Trail, read a letter he wrote to the Ark
newspaper supporting the purchase of the units but objecting to
the proposed price.
Helen Benedict supported the affordability of the units.
The Mayor stated the Council has taken the position that they
want to help the elderly and Town employees; if that objective
can be accomplished, it will be. The Town would continue to
explore various scenarios.
General discussion continued regarding the alternate methods of
managing the units if the Town acquires some or all of them.
Item continued to the next meeting.
6. ANIMAL CONTROL COST SHARING (Request for Budget
Appropriation)
The Finance Director reviewed the Staff report. The County of
Marin has requested all the cities to contribute to the cost of
hiring the Humane Society's services. Tiburon's pro rata share
is $3,248 for 1986-87
The Town Manager stated the City Manager's Association was
seeking alternate methods of raising funds for following years.
The Mayor opened the public hearing. There being no comments,
the Mayor closed the public hearing.
MOTION: To support Staff's recommendation and contribute $3,248
toward this year's Humane Society's services.
Moved: Wilson, Seconded By Coxhead
Vote: AYES: Unanimous
ABSENT: Mayberry
7. GENERAL PLAN NEIGHBORHOOD WORKSHOPS (Review Test Neighborhood
Program & Provide Direction to Consultants for Future
Workshops)
The Town Manager reviewed the Staff report. The facilitator,
Jeff Oberdorfer, prepared two alternative workshop proposals.
TOWN COUNCIL MINUTES #744
September 17, 1986
Page 3
Ted Kreines, General Plan Consultant, stated the Neighborhood #1
Test project was well attended and provided a wealth of
information for the General Plan process. Mr. Kreines preferred
the most extensive series of workshops as possible. He suggested
the Old Tiburon/Downtown area be chosen for the next workshop
area.
Discussion ensued regarding dividing the neighborhoods into
workshops; the costs as outlined by the facilitator; the Scope of
services; the different methods where the costs might be reduced,
i.e., less mapping. Mr. Kreines reviewed some of the techniques
used during the workshop process.
The Mayor opened the public hearing.
Virginia Brunini, Karen Way, objected to the conclusions reached
by the facilitator. Mrs. Brunini felt those in attendance were a
small sampling of persons in the community; there were l85 houses
in Bel Aire and approximately 10 or 12 members attended the
workshop; stated that the tendency to take these individuals'
feelings and lock them in as a concensus of the workshop is an
overstatement of facts. Mrs. Brunini used page l4 and the
comments regarding the bicycle path as an example.
Terry Johnson, Karen Way, suggested two workshops.
Karen Nygren, Paseo Mirasol, thought the workshops were
beneficial to the Town; thought two more neighborhoods would
suffice. As a member of the Planning Commission, she would like
to see the downtown secion worked on immediately, and suggested
the Downtown Plan be studied by the Planning Commission
simultaneously.
Discussion ensued regarding costs and ways to reduce the
expenditures. Councilmember Wilson felt that a lot of the
information could be gathered at less cost in a different way;
Mayor Duke agreed, and recommended the Council change the
mechanism of input. Mayor Duke suggested a Town-wide meeting as
an educational forum, i.e., FAR, second units.
Council agreed to request the facilitator to prepare a third
proposal based on similar series of workshops without detailed
mapping, with more emphasis on gathering of data; less emphasis
on breaking down into small groups; proposal to include three
workshops for Old Tiburon/Downtown area.
Becky McClelland supported the need for workshops.
8. TIBURON BLVD./LYFORD DRIVE INTERSECTION AREA PARKING
(Consider Town Engineer's Recommendations and Planning
Commission's Comments)
The Town Manager reviewed the Staff report which recommended
Council explore the feasibility of a creating a formal commuter
TOWN COUNCIL MINUTES #744
September 17, 1986
Page 4
parking lot at the end of Lyford Drive and Tiburon Blvd. The
Town Engineer stated CAL/TRANS' previous objection had been a
lack of need; currently there was sufficient need. Council
agreed to discuss the idea at the October 9 CAL/TRANS meeting.
Karen Nygren expressed concern regarding the design and stated it
should beautify the area.
9. 1986-87 MASTER SALARY PROGRAM - Resolution
a. Ratification of MAPE MOU
b. Ratification of Tiburon Police Association MOU
c. Management Personnel Salary Adjustments
d. Town Manager's Salary Adjustment - Resolution
The Finance Director reviewed the Staff report. The Town Manager
stated the salary resolution incorporated the salary
recommendations for the Finance Director and Police Chief, and
the agreements reached with MAPE and TEA personnel.
The Mayor stated the recommendation for the Police Chief and
Finance Director had been previously reviewed and approved by the
Finance and Administration Committee.
The Town Manager stated that the Confidential, Mid-Management
employees would receive raises on their anniversary date of
employement and these amounts were not reflected in the
resolution.
MOTION:
Moved:
Vote:
To adopt Resolution Establishing 1986-87 Master
Salary Program
Wilson, Seconded by Coxhead
AYES: Unanimous
ABSENT: Mayberry
The Mayor stated he and Councilmember Mayberry, acting as the
Finance and Administration Committee, had discussed the Town
Manager's salary and evaluation review and decided it was
appropriate to grant a salary increase in the same range as the
other employees of 5%; retroactive to January l, 1986, and it
would not be appropriate to make a performance evaluation at this
time, but would make such evaluation later in the year.
MOTION: To grant an increase of 5% in total compensation
retroactive to January l, 1986 and perform a formal
performance evaluation later this year which would
affect next year's salary increase.
Moved: Duke, Seconded by Coxhead
Vote: AYES: Unanimous
ABSENT: Mayberry
TOWN COUNCIL MINUTES #744
September 17, 1986
Page 5
G. COMMUNICATIONS, STAFF AND TOWN MANAGER REPORTS
a. Joint Recreation Committee's 1986-87 Annual Budget
The Town Manager stated the Committee members are appointed by
the Council and the Council should receive periodical reports;
budget should be received 60 days before adoption by the
Committee.
Vice-Mayor Coxhead thought every department should be accountable
for expenditures and income and requested the item be continued
and agendized when a representative from the Committee can be
present. He noted that salaries for 1986-87 were up 56% from
$28,000 to $44,000; contributions to overhead were up $9,000.
Vice-Mayor Coxhead asked the Finance Director to provide the
1985-86 budget to other Councilmembers for comparison.
This item to be agendized October 15, 1986 for discussion.
b. Ltr. from RUSD to Town Regarding Crossing Guard at Avenida
Miraflores & Tiburon BlVd., dt'd. 9-10-86
The Town Manager stated the Town had hoped the traffic signals
would alleviate problems at the intersection of Avenida
Miraflores and Tiburon Boulevard, however, there's a lot of
turmoil and commotion at this intersection, particularly in the
afternoon. CAL/TRANS plans to make modifications, however, these
changes are not budgeted until next year. The Town had asked the
PTA group to help fund a crossing guard, and the District has
teachers and other Staff members helping as crossing guards. The
District is requesting the Town to fund a crossing guard for this
intersection. The Town Manager stated a recent survey of
California Cities indicates that a majority of cities play an
active role in funding these programs.
The Police Chief explained that cars continue to make a right
hand turn on the red signal even when children are in the
crosswalk. Discussion ensued and Council agreed to offer to pay
for a crossing guard in the afternoon.
c. Tunnel Collapse (Sink Hole) - Oral Status Report Regarding
Repairs
Staff to contact owner of property and Town Attorney to contact
property owner's attorney to determine status of repairs.
d. Ltr. from League of California Cities Regarding League
Conference, October 19-22, and Request for City Hall
Photographs
The Town Manager announced the League was requesting photographs
of Town Hall to be displayed at their Conference. Council
declined.
TOWN COUNCIL MINUTES #744
September 17, 1986
Page 6
e. Town Council Workshops with Planning Commission and Parks'
Open Space Commission (Provide Possible Meeting Dates)
Council set Thursday, October 9, 6:30 P.M. to meet with the Parks
& Open Space Commission.
Council proposed November 12 at 6:30 P.M. to meet with the
Planning Commission.
B. EXECUTIVE SESSION
The Mayor adjourned the meeting to Executive Session at lO:40
P.M. to discuss litigation.
I. ADJOURNMENT
There being no further business before the Town Council of the
Town of Tiburon, Mayor Duke adjourned the Executive Session at
11:15 P.M. sine die.
; /
\( l../......'~_~'h_-'. " -".,..- ,-~/'4fL~
/
LAWRENCE J. DUKE, MAYOR
Town of Tiburon
ATTEST:
TOWN COUNCIL MINUTES #744
September 17, 1986
Page 7
MINtn'ES
TOWN CDUNCIL
CALL TO ORDER
Vice-Mayor Coxhead called the regular meeting of the Town Council
of the Town of Tiburon to order at 8:00 P.M., Wednesday,
September 3, 1986, in the Hilarita Community Room, Tiburon,
California.
A. ROLL CALL
PRESENT:
COUNCILMEMBERS:
Wilson, Shaw, Coxhead
Duke (arrived at 8:30 P.M.)
ABSENT:
COUNCILMEMBERS:
Mayberry
EX-OFFICIO:
Town Manager Kleinert, Town
Attorney Ragghianti, Town
Engineer Bala, Supt. of Public
Works Brunini, Finance Director
Nadritch, Assistant Town Clerk
Hennessy
TENTATIVE AGENDAS
The Town Manager reported that Staff had not placed a Tentative
Agenda in the Ark newspaper because there was only one item,
Liability Insurance, which had been previously noticed and
continued from a previous meeting. Discussion ensued and
Councilmember Shaw emphasized his strong feelings regarding the
need for a tentative agenda and stated his intention of
abstaining from voting on items which had not been previously
noticed. Vice-Mayor Coxhead requested Staff to place an ad in
the Ark regardless of how many items were listed on the Tentative
Agenda. The Town Manager stated that there will sometimes be
additions and deletions to and from the Tentative Agenda; that
Staff was unable to determine two weeks in advance what items
would be on the final agenda.
B. APPOINTMENTS TO CDMMISSIONS, BOARDS, COMMITTEES
This item was deferred to the end of the Agenda.
c. COMMISSION AND COMMITTEE ORAL REPORTS
Councilmember Shaw reported he had met with the Belvedere City
Hall Committee and they were asking for additional help to raise
some funds. Councilmember Wilson volunteered to work on the
Committee.
TOWN COUNCIL MINUTES #743
September 3, 1986
Page 1
Town Manager Kleinert stated the Chamber of Commerce was planning
to have a Chamber Hospitality Day one day per month.
Councilmember Shaw stated the concept would be that the homeowner
associations would invite their members to come downtown Tiburon
to shop on this special day; discounts would be offered by
retailers, etc.
D. PUBLIC QUESTIONS AND CDMMENTS
There were none.
E. CONSENT CALENDAR
MOTION: To approve the Consent Calendar consisting of
the following items:
l. APPROVAL OF MINUTES #740, August 6, 1986
2. CLAIM AGAINST THE TOWN (Kuhns - Recommend Denial)
3. 1986-87 OPEN SPACE BOND TAX RATE (Resolution)
4. ENCROACHMENT PERMIT (Authorize CAL/TRANS To Improve
Drainage Between Bicycle Path and Tiburon Blvd.)
5. AYALA DAY SPORTS CHALLENGE TO CITY OF BELVEDERE
Moved: Wilson, Seconded by Coxhead
Vote: AYES: Wilson, Coxhead
ABSENT: Mayberry Duke
ABSTAIN: Shaw
F. PUBLIC HEARINGS & BUSINESS ITEMS
6. POINT TIBURON LOW/K>DERATE INCDME HOUSING (Consider Options
for Housing Assistance)
Town Manager reviewed the Staff report.
Dick Bornholdt, Housing Consultant, stated the Housing Committee
had met with the developer's representatives, Town Attorney,
Councilman Shaw and Mayor Duke. The Committee's discussion
revolved around the affordability level of the 20 units; some
alternatives were discussed which included the Town buying some
of the units and then renting them to employees or subsidizing
the purchase of the units by using the low/moderate in lieu
housing funds and the 20% Redevelopment Agency funds. Mr.
Bornholdt stated policy decisions needed to be made which
regarded the degree of financial participation that the Town
would like to make available and whether to utilize the services
of the Housing Authority.
Discussion ensured regarding the legal issues which needed to be
addressed regarding the sale or rent of these units; the possible
need to amend previously approved documents.
TOWN COUNCIL MINUTES #743
September 3, 1986
Page 2
The Town Attorney stated Ordinane No. 287 N.S., which approved
the Development Agreement, had specific language on pages 14 and
15 addressing the sale of these units, and this language would
have to be amended if the Town bought and subsequently rented
these units.
Mr. Bornholdt stated there was language that one can construe the
documents to say the developer must provide those units for
affordable income; the formula established is a maximum, not to
be exceeded amount; the Town has the leverage to tell the
developer to lower the price for it to be affordable. He added
that a representative from the Housing Authority has expressed
concern that they would have difficulty finding buyers who could
qualify at the proposed prices of $68,000 and $92,000. Mr.
Bornholdt suggested the Committee have another discussion with
the developer pursuant to that particular requirement and get as
concrete a price of affordability as possible.
In response to Councilmembers, the housing consultant stated the
Town could subcontract out the management of the units if the
Town buys the units.
Mayor Duke arrives (8:30 P.M.)
In response to Councilmember Wilson, the Town Attorney stated the
Attorney General's office refused to issue an opinion on the
eligibility requirements of the previously adopted Resolution
which gave priority to Town employees and those employees who
service the Town.
In response to Bryan Chapman, Mr. Bornholdt stated an in-depth
market analysis has not been done, however, he had access to the
salary ranges of Town employees; had also talked to Dr. Levinson
of the RUSD. Mr. Chapman stated he supported the purchase of 10
units and encouraged leaving some money in the in-lieu housing
fund to encourage second units which would encourage continuity
of the community by allowing younger and older people to continue
to live in Tiburon.
Nat Marans supported the purchase of all 20 units for subsidized
housing; thought price was too high; didn't think the Town should
pay the homeowner asscoation dues; suggested the Tiburon
Ecumenical Association be chosen as managers.
The Town Attorney stated this was an exciting opportunity for the
Town to acquire these units and keep them as low/moderate units
in perpetuity.
Vice-Mayor Coxhead stated he had received a call from former
Mayor Dennis Rockey who supported the use of Town in-lieu housing
fees and Redevelopment Agency low/moderate income funds to
purchase these units, and urged the Council to begin
consideration of the future of the Hilarita Apartment complex.
TOWN COUNCIL MINUTES #743
September 3, 1986
Page 3
Council set a Committee meeting for Wednesday, September 10, 4:00
P.M., Town Hall Conference Room for further discussion.
7. LIABILITY INSURANCE (Recommend Contracting with ABAG -
Resolution)
The Finance Director reviewed the Staff report; the Town would
contract their liability insurance throught ABAG's program.
The Mayor opened the public hearing. There being no comments,
the Mayor closed the public hearing.
In response to the Mayor, the Finance Director stated the Parks &
Open Space Commission would review ABAG's suggestion of moving
play equipment at South of the Knoll Park.
MOTION: To adopt Resolution Authorizing the Execution and
Delivery of ABAG Plan I Documents
Motion: Wilson, Seconded by Coxhead
Vote: AYES: Wilson, Coxhead, Duke
ABSENT: Mayberry
ABSTAIN: Shaw
8. LAFOO MANAGEMENT/OPERATION EVALUATION REPORT (Consideration
of LAFCo Reorganization Proposal)
The Town Manager reviewed the Staff report. The Town Manager
expressed his concern that objectivity and impartiality will not
exist if LAFCo's Staff function is integrated into the County
Administrator's office.
In response to Councilmember Wilson, the Town Manager estimated
that approximately 50% of the annual budget would be saved if the
Staff function was assumed by the Administrator's office.
The Town Manager stated he thought Tiburon will continue to have
requests for annexation and LAFCo will play an important role,
especially when the Strawberry Shopping Center becomes an issue
in the future.
It was agreed the Mayor will write a letter to LAFCo supporting
an independent Staff with additional budget reductions.
UNITED WAY DAY
The Mayor noted there had been a request to name September l8 as
United Way Day.
MOTION:
Moved:
Vote:
To adopt Resolution Designating September l8 as United
Way Day
Wilson, Seconded by Coxhead
AYES: Wilson, Coxhead, Duke
ABSENT: Mayberry
ABSTAIN: Shaw
TOWN COUNCIL MINUTES #743
September 3, 1986
Page 4
B. APPOINTMENTS m COMMISSIONS, BOARDS, OOMMITTEBS
MOTION: To appoint Marylyn Siewert to the Planning Commission
to fill the unexpired term of Ed Middendorf, term to
expire on November 1, 1988
Moved: Duke, Seconded by Coxhead
Vote: AYES: Wilson, Coxhead, Duke
ABSENT: Mayberry
ABSTAIN: Shaw
MOT ION:
Moved:
Vote:
To appoint Terry Johnson to the Design Review Board
Duke, Seconded by Coxhead
AYES: Wilson, Coxhead, Duke
ABSENT: Mayberry
ABSTAIN: Shaw
Council directed Staff to notify the other candidates of these
appointments and invite them to participate in the General Plan
Goals Committee.
G. OOMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS
Staff was directed to draft a letter to be sent from the Mayor to
the Finance and Insurance Subcommittee thanking them for their
efforts on behalf of the Town.
FRANK BBOOKS
In recognition of 20 years of service, and his retirement from
the Town, the Mayor directed Staff to prepare a Resolution.
MOTION:
Moved:
Vote:
A Resolution of Appreciation to Frank Brooks
Wilson, Seconded Coxhead
AYES: Wilson, Coxhead, Shaw, Duke
ABSENT: Mayberry
CAL/TRANS
The Superintendent of Public Works and Town Manager gave a brief
status report on CAL/TRANS work along Tiburon Boulevard. Mayor,
Councilman Shaw, Town Engineer and Town Manager will meet with
CAL/TRANS the week of October 6. The Town Manager noted the
Police Chief is concerned there are two pedestrian cross walks in
close proximity at Trestle Glen and Greenwood Beach Road.
BELVEDERE TENNIS CLUB
Meeting has been set for Tuesday, September 9, 4:30 P.M. at Nancy
Allegra's house to view tree obstruction at the Belvedere Tennis
Club. Councilmembers Wilson and Coxhead to attend. The
Superintendent of Public Works will install story poles on the
Club's property to indicate heights of 6', 9' and l2' above fence
level.
TOWN COUNCIL MINUTES #743
September 3, 1986
Page 5
CCMC
Councilmember Wilson to attend the CCMC Workshop on September 22
to discuss a list of principles for the County of Marin to live
by.
STATE DEPARTMENT OF PARKS & RECREATION
Council and Planning Commission representatives to attend State
Department of Parks & Recreation Meeting on Tuesday, September
16, 7:00 P.M., Bel Aire School.
H. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Duke adjourned the meeting at 10:00 P.M., sine
die.
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LAWRENCE J. DUKE, MAYOR
Town of Tiburon
ATT:{Pb
R. L. KLEINERT, TOWN MANAGER/CLERK
TOWN COUNCIL MINUTES #743
September 3, 1986
Page 6
MINUTES
TOWN COUNCIL
EXECUTIVE SESSION
CALL TO ORDER
Mayor Duke called the Executive Session to order at 9:05 A.M.,
Friday, August 22, 1986, in the Town Manager's office, Town Hall,
Tiburon, CA.
A. ROLL CALL
PRESENT:
COUNCILMEMBERS:
Mayberry, Coxhead, Shaw, Duke
ABSENT:
COUNCILMEMBERS:
Wilson
EX-OFFICIO:
Town Manager Kleinert
B. BUSINESS ITEMS
Council reviewed and discussed moratorium litigation.
c. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Duke adjourned the Executive Session at 10:50
A.M., sine die.
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LAWRENCE J. DUKE, MAYOR
Town of Tiburon
TOWN COUNCIL MINUTES #742
August 22, 1986
Page 1
MINUTES
TOWN COUNCIL
EXECUTIVE SESSION
The Mayor called the Executive Session to order at 6:30 p.m.,
Wednesday, August 20, 1986, for the purpose of discussion
litigation. Councilmember Wilson was absent. The Executive
Session was adjourned at 7:30 p.m.
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, August 20,
1986, in the Town Council Chambers, Hilarita Community Room,
Tiburon, California.
A. ROLL CALL
PRESENT:
COUNCILMEMBERS:
Mayberry, Coxhead, Shaw, Duke
ABSENT:
COUNCILMEMBERS:
Wilson
EX-OFFICIO:
Town Manager Kleinert, Town
Attorney Ragghianti, Town
Engineer Bala, Supt. of Public
Works Brunini, Chief of Police
Bailey, Finance Director
Nadritch, Assistant Planner
Britt, Clerk Baucom
B. APPOINTMENTS TO OOMMISSIONS, BOARDS, COMMITTEES
There were none.
c. COMMISSION AND CDMMITTEE ORAL REPORTS
l. POINT TIBURON BELOW MARKET RATE HOUSING
Mayor Duke suggested that, if the Town had no buyers for the
below market units, Innisfree could sell the units at market rate
and the difference could come back to the Town; added that
Innisfree could pay on a deferred basis.
Mr. Ziegler, attorney for Innisfree, stated that Mayor Duke's
proposal would be difficult to carry and that the lender would
look at the proposal negatively; stated that the Town presently
has a percentage of the profits from the market rate units under
a profit sharing with Innisfree. Dick Bornholdt, Housing
Consultant, distributed a memo to the Council which outlined the
Town's alternatives.
TOWN COUNCIL MINUTES NO. 74l
August 20, 1986
Page 1
Mayor Duke opened the public hearing.
Jon Knorpp, Point Tiburon, stated that if there aren't enough
qualified buyers the Town may have to raise the median income
level.
Helen Benedict, private citizen, stated that no matter how low
the income level is it is still beyone the Town employees' reach.
Mayor Duke stated that one alternative could be to have no asset
requirement.
Mayor Duke closed the public hearing.
Councilwoman Mayberry stated that the Town could buy the
low/moderate income units and rent them or raise the percentage
of median income.
Responding to Mr. Ziegler's question of who will decide whether
the units will be sold to or rented by Town employees and when
the decision will be made, Mayor Duke stated that the Council
will meet with the sub-committee to work out an agreement which
will be finalized at the Council meeting of September 3, 1986.
Dick Bornholdt stated that the Council will be within time limits
if the meeting could be during the first week in September. It
was the consensus of the Council that the meeting would be held
on Tuesday, August 26, 1986 at 5:00 p.m. at Town Hall.
D. PUBLIC QUESTIONS AND COMMENTS
Edna Mitchell, 1 McCart Court, appealed to the Council to take
abatement action on an illegal unit in her neighborhood which has
been an ongoing problem for years; stated that the Building
Official had found an illegal unit and that she has filed her own
lawsuit because the Town Attorney would not take any action.
Berthe Meghnage, 2 McCart Court, stated that she and Mrs.
Mitchell have called the police several times without
satisfaction; stated that the police have told her that the
dispute is civil.
Town Manager Kleinert explained that the Town is somewhat
handicapped in the abatement of illegal units due to the fact
that Staff must give the owner notice before inspecting the
property, therefore inadvertently giving the owner time to remove
stoves, etc.
Mayor Duke directed Staff to take steps to remedy the problem.
Responding to Councilwoman Mayberry's question regarding Mrs.
Mitchell's lawsuit, Town Attorney Ragghianti stated that the Town
cannot join the action of a private citizen but can start
abatement proceedings against the party in question.
TOWN COUNCIL MINUTES NO. 741
August 20, 1986
Page 2
Bob Ross, 16 Reed Ranch Road, stated that it is shocking that the
Town is unable and unwilling to enforce the Second Unit
Ordinance.
Town Manager Kleinert stated that the procedure is not as
simplistic as it seems because the Town must see concrete
evidence such as cooking facilities.
Mayor Duke asked that the Second Unit Ordinance be agendized for
discussion, enforcement and amendments; asked that Staff look
into the McCart Court case in the meantime.
Councilwoman Mayberry stated that she would like to see the
Second Unit Ordinance strongly enforced.
Town Attorney Ragghianti stated that the Town can either file a
criminal or civil complaint and added that he has never been
asked by the Town to file a lawsuit.
Town Manager Kleinert stated that the oridnance should be
modified in such a way that the Town can take action without
having to see physical evidence of an illegal unit.
Councilman Shaw asked that Chief of Police Bailey look into he
complaint and investigate the number of cars that are normally
parked at the residence in question. In response, Chief of
Police Bailey stated that there is nothing that the police
department can do unless the cars are illegally parked.
It was the consensus of the Council that the Second Unit
Ordinance would be agendized for review and that Staff would take
steps to remedy the situation on McCart Court.
E. CONSENT CALENDAR
1. EMPLOYEES HEALTH INSURANCE PROGRAM (Authorization to Contract
with PERS - Resolution)
Councilmembers did not have questions regarding the resolution.
MOTION: To adopt a resolution authorizing the Town of Tiburon to
contract an employees' health insurance program with
PERS
Moved: Mayberry, Seconded by Coxhead
Vote: AYES: Unanimous
ABSENT: Wilson
2. ENCROACHMENT PERMIT REQUEST (2315 Paradise Drive)
It was the consensus of the Town Council, per suggestion of
Councilwoman Mayberry, to continue this item until later in the
agenda.
TOWN COUNCIL MINUTES NO. 741
August 20, 1986
Page 3
Steve Wanat, resident on Mar West, stated that the parking
problem on Mar West is getting extreme with employees of Sam's
parking allover the area on weekends. He asked that the Town
look into parking stickers for residents.
Town Manager Kleinert stated that the Downtown Parking Committee
was discussing parking stickers and suggested that Mr. Wanat
enlist the help of his property owners association in the form of
a letter of support.
F. PUBLIC BEARINGS & BUSINESS ITEMS
3. GENERAL PLAN UP-DATE (Cost Estimates for Implementation of
Work Program)
Town Manager Kleinert reported that the consultants held their
first neighborhood workshop meeting on August 14, 1986 and had
two more scheduled; outlined consultant's responsibilities and
those of outside agents and discussed cost estimates.
Consultant Krienes reminded the Council that, while the figures
may seem high, the costs presented is the absolute maximum, and
it is very unlikely that the Town will actually pay that much;
stated that Tasks l-S were all done ahead of schedule and under
budget; credited Assistant Planner Roberts with much of the
expeditious data that has been presented recently.
Responding to Councilwoman Mayberry's question, Consultant
Kreines stated that Kreines & Kreines will not charge the Town
more if they are unable to finish at the projected time; added
that it is up to Kreines & Kreines to stay within the set
guidelines and timetable; stated that cost for base map will be
approximately $6,000.
Town Engineer Bala asked if the County could provide mapping to
the Town at a lesser cost. In response, Consultant Kreines
stated that the County mapping department requested that the Town
enlist the help of an outside vendor because of the present
workload at the County offices.
Mayor Duke stated that he and Consultant Kreines met with the
County Planning Department for collection of data; stated that
they arrived at a mutual agreement for obtaining records.
Mayor Duke opened the public hearing.
Steve Wanat asked how much of the proposed $307,000 was for the
hiring of outside consultants and how many consultants were to be
hired.
Mayor Duke responded that $102,000 was allotted for Town Staff
planners and clerical support and $200,000 for outside
consultants including Kreines & Kreines; stated that the Town is
unsure of how many outside consultants will be hired.
TOWN COUNCIL MINUTES NO. 741
August 20, 1986
Page 4
Larry Wassem, private citizen, asked Consultant Kreines what
impact Cypress Hollow will have on the General Plan update; what
factors determine Cypress Hollow will be included; what other
areas of Marin are included in the neighborhood workshops; how
does the General Plan updated complare in expense to other towns
in Marin; did the Town Council submit any work to other
consultants?
Mayor Duke, in response, stated that the Council made the
decision months ago to include everyone in Tiburon's sphere of
influence in discussion on the General Plan update; stated that
Kreines and Kreines was preferred consulting firm due to
residency in Tiburon, concern for Town, familiarity of issues.
Councilwoman Mayberry stated that the Council was proceeding due
to the pressure to redo the General Plan because of the
moratorium; asked Consultant Kreines if the Town could do the
General Plan now and the Zoning Ordinance and EIR later. Kreines
responded that it was possible to divide the above named
documents but asked the Council to act on his proposal for the
General Plan at this meeting.
Town Engineer Bala stated that, due to the number of residences
that are being planned, enforcement of the Town's EIR will be
difficult; stated that a developer can't choose either the Town's
or his own EIR. Consultant Kreines responded that the developer
can choose between the Town's and his own EIR, but the EIR must
be accepted by the jurisdiction; added that Tiburon's EIR will be
an explicit plan for Tiburon but that the master EIR can be
changed for specific projects.
Mayor Duke closed the public hearing.
Vice-Mayor Coxhead stated that the Kreines & Kreines proposal is
appropriate but suggested that the Town Attorney review it with
regard to costs; added that the Kreines proposal should state
that the General Plan will be in compliance with State law;
stated that Kreines document is innovative and right for
Tiburon; Kreines will provide a quality product in a timely
manner; would like to approve work program.
Councilman Shaw stated that Kreines & Kreines has delivered all
work on time and below cost; suggested that Rotary, Chamber of
Commerce, Main Street Properties, citizens become involved in
participatory planning; asked how the Town will pay; suggested
that the cquncil enact the Kreines proposal at this meeting and
have the Town Attorney contact attorneys of the current
litigation against the Town and see if they would like to donate
to the General Plan update.
Town Manager Kleinert stated that the Town will use general
operating funds but can also use some restricted funds.
Town Attorney Ragghianti expressed doubt that prosecution on
pending lawsuits would be willing to donate legal fees to the
Town.
TOWN COUNCIL MINUTES NO. 741
August 20, 1986
Page 5
Ebrahim Nana, Nana Enterprises, stated that the rights of
property owners are not being considered; the Town is separating
property owners from the process; received notice of neighborhood
meeting three days after the meeting.
Consultant Kreines stated that he had expected developers to
attend the meeting; added that notices for neighborhood meetings
were mailed in bulk and that anyone is welcome, not only Tiburon
residents and property owners.
Councilman Shaw asked if the Council's action would show bad
faith if the Kreines proposal wasn't approved at this meeting.
In response, Town Attorney Ragghianti stated that the action of
the Council would not be viewed as good or bad faith but did not
see why the Council should resist approving the proposal.
MOTION: Enter into agreement with Kreines & Kreines based on
allocation of cost subject to agreement of Town Attorney
and subject to the Consultant's cost for Participatory
Planning, EIR and Zoning Ordinance.
Moved: Mayberry, Seconded by Coxhead
Vote: AYES: Unanimous
ABSENT: Wilson
4. MINOR SUBDIVISION (Sommer Property - Hillcrest Road and
Paradise Drive)
Town Manager Kleinert summarized the staff report; stated that
the applicant is applying for a two-lot minor subdivision (lot
split); stated that the Planning Commission recommended approval.
Helmut Sommer, applicant, asked if, with the approval of his
Tentative Map, he can grade on his property - during the term of
Measure C - so that the area is ready the filing of a Final Map.
In response, Town Attorney Ragghianti stated that he would like
to consult with the Town Engineer regarding the impact on
adjacent properties; stated that he could not answer Mr. Sommer's
question but that the Council could adopt the prepared resolution
with the inclusion of Condition #9 on the staff report; in
response to Mr. Sommer, stated that the two-year validity of the
Tentative Map will not begin until the moratorium is over.
Mayor Duke opened the public hearing.
Town Engineer Bala, in response to Mayor Duke, stated that using
concrete for the swale (as recommended in Condition #2 on the
staff report) is more effective and should be deemed necessary.
Mr. Sommer stated that his site improvements would benefit public
safety.
There being no public comments, Mayor Duke closed the public
hearing.
TOWN COUNCIL MINUTES NO. 741
August 20, 1986
Page 6
Councilwoman Mayberry stated that she could approve the
application as long as the Town Attorney insures the validity of
the application under Measure C.
Mayor Duke reminded Mr. Sommer that the second lot may not be
able to be divided because of geological requirements.
Town Attorney Ragghianti stated that Mr. Sommer signed an
acknowledgement which clearly stated that Mr. and Mrs. Sommer may
be unable to divide the second lot under Measure C.
MOTION:
Moved:
Vote:
Adopt a resolution approving the lot split as submitted.
Mayberry, Seconded by Coxhead
AYES: Unanimous
ABSENT: Wilson
5. MASTER PLAN (McNaught Property - 45 Unit Residential
Proposal above the TPC - Consider Planning Commission
Recommendation to Deny Application Without Prejudice)
Town Manager Kleinert informed the Council that the application
should be denied "without prejudice" based on the limitations of
Measure C.
Mayor Duke opened the public hearing.
There being no comments, Mayor Duke closed the public hearing.
In response to Mayor Duke, Town Attorney Ragghianti stated that
it is recommended, but not necessary, to include the statement in
the resolution which states that the application is not being
denied on the merits of the application.
MOTION: Adopt a resolution denying, without prejudice, the
application for Master Plan approval submitted by
Tiburon Terraces.
Moved: Coxhead, Seconded by Mayberry.
Vote: AYES: Unanimous
ABSENT: Wilson
6. MASTER PLAN (Tiburon Highlands - 67 Unit Residential Proposal
Located at the Extension of Upper and Lower Cecilia Way and
Warrens Way - Consider Planning Commission Recommendation to
Deny Application Without Prejudice)
Mayor Duke opened the public hearing. There being no comments,
Mayor Duke closed the public hearing.
Moved:
Vote:
Adopt a resolution denying, without prejudice, the
application for Master Plan approval submitted by the
Tiburon Highlands
Coxhead, Seconded by Mayberry
AYES: Unanimous
ABSENT: Wilson
MOTION:
TOWN COUNCIL MINUTES NO. 741
August 20, 1986
Page 7
7. PRECISE PLAN (Perini Phase II - Residential Proposal Located
off Trestle Glen Blvd. and Shepher Way - Consider Planning
Commission Recommendation to Deny Application Without
Prejudice
Mayor Duke opened the public hearing.
Don Batten, private citizen, stated that the Planning Commission
has given the voters what they've asked for in their
recommendation of denial of the application; expressed hope that
the Council follows the Commission's recommendation.
Kenneth Cohen, Representative of Perini Development Company,
stated that Perini has requested a continuence and is willing to
extend one (1) year time limit by 90 days if the Council will
agree to continue the application to a future meeting.
Town Attorney Ragghianti stated that, under the Permit Streamline
Act, the Town's time limit does not expire until Nov. 2, 1986;
added that it is up to the Council to decide whether or not they
want to grant the 90-day extension; stated that the Council is
under no obligation to act at this meeting.
Rod McLeod, Belveron resident, urged the Council to deny the
request as recommended by the Planning Commission.
Mayor Duke stated that he had no objection to extending the
application for two weeks, until the next regular Council
meeting.
In response to Vice-Mayor Coxhead, Town Attorney Ragghianti
stated that the Town was given the 90-day option the Friday prior
to the Council meeting; added that Perini wants the Council to
wait until after their hearing in Corte Madera, where they have
applications pending, to see what their position is.
Vice-Mayor Coxhead stated that the Perini request should have
been submitted earlier; stated that public notice has been given,
and people have come for the hearing; added that the item should
be acted upon and denied.
Councilman Shaw expressed support for Vice-Mayor Coxhead's
observations and stated that the item should be denied at this
hearing. Councilwoman Mayberry was in agreement with Coxhead and
Shaw.
Mr. Cohen submitted a letter to the Council which he asked to be
made part of the record and urged the Council to read prior to
action.
Mayor Duke closed the public hearing.
In response to Mayor Duke, Town Attorney Ragghianti stated that
the arguments presented by Perini have no relevance; stated that
it is in the best interest of the Town to adopt a resolution
TOWN COUNCIL MINUTES NO. 741
August 20, 1986
Page 8
denying the application based on the limitations of Measure C,
not on the merit of the application.
MOTION:
Moved:
Vote:
Adopt a resolution denying, without prejudice, the
application for Precise Plan approval submitted by the
Perini Development Company.
Mayberry, Seconded by Coxhead
AYES: Unanimous
ABSENT: Wilson
8. ORDER TO SHOW CAUSE (7 Heathcliff - Tree Complaint)
Assistant Planner Britt reviewed the staff report.
Bruce Sanborn, 7 Heathcliff, stated that the trees in question
are part of the original landscape when the house was built to
provide privacy from the street; added that the trees on the
grade were planted to stop erosion and that the elimination would
lower the value of his home; stated that he has complied with an
earlier ruling of the Board of Adjustments and Review regarding
the trees; added that he has been hospitalized for quite some
time and does not mean to be negligent.
Richard Crichlon, representing the complainants, encouraged the
Council to start abatement proceedings.
In response to Mayor Duke, Assistant Planner Britt stated that
the BAR ordered removal of the trees in question.
Michael Lyon, Chairman of the Board of Adjustments and Review,
stated that the Board ordered the trees in front to be removed
and those on the property line to be trimmed.
In response to Vice-Mayor Coxhead, Michael Lyon stated that, as
he recalls, Mr. Sanborn had representation at the Board
hearings. Mr. Sanborn stated that he had no representation.
Mayor Duke closed the public hearing.
Vice-Mayor Coxhead stated that Mr. Sanborn had no representation
at the Board hearings; stated that Mr. and Mrs. Hill's attorney
says that Mr. Sanborn has ignored cutting his trees at the
property line; asked Michael Lyon for a recommendation.
Michael Lyon stated that the trees in front definitely constitute
view blockage; added that the Council may want to specify a date
date for tr~e cutting with which Mr. Sanborn should comply.
Assistant Planner Britt stated that Staff tried to remedy the
situation one (1) month ago, giving Mr. Sanborn all of the
information for compliance.
Michael Lyon stated that the Board of Adjustments and Review has
made a decision; added that there is no reason for the item to
come back to the Board.
TOWN COUNCIL MINUTES NO. 741
August 20, 1986
Page 9
Mayor Duke stated that Mr. Sanborn must file a formal appeal with
the Town if he does not want to comply with Board action.
In response to Town Manager Kleinert, Mr. Sanborn stated that he
will be happy to work with Mr. and Mrs. Hill.
Town Manager Kleinert asked that Assistant Planner Britt work
with the neighbors to ensure that Board action is followed.
Mr. Crichlon stated that Mr. and Mrs. Hill will most-likely not
agree with the efforts of Mr. Sanborn or Staff; asked Council to
specify a date for appeal.
Mr. Sanborn stated that he will be hospitalized in the near
future for a long period of time. Mayor Duke encouraged Mr.
Sanborn to appoint a representative who might tend to the tree
complaint in his absence.
Councilwoman Mayberry stated that the decision of the BAR should
be upheld.
Vice-Mayor Coxhead felt that there had been miscommunication;
stated that Mr. Sanborn should be allowed a time period in which
to comply with Board action or appeal to the Council.
MOTION: Appoint Assistant Planner Britt to work with Mr. and
Mrs. Hill and Mrs. Sanborn and try to remedy the
situation by September 4, 1986. If not solution can be
found, Mr. Sanborn or his representative must appeal the
Board of Adjustments and Review's action to the Town
Council.
Moved: Duke, Seconded by Shaw
Vote: AYES: Unanimous
ABSENT: Wilson
9. APPEAL DESIGN REVIEW BOARD ACTION (1960-70 Straits View
Drive)
Assistant Planner Britt reviewed the staff report; stated that
the Koenigs and Alikhanis have made effort to restore views on
upper Straits View; stated that, although not all the trees were
cut as instructed, views have been restored.
Mayor Duke stated that the issue had gone back to the BAR after
tha first appeal to the Council to work out a planting schedule.
Tom Koenig" tree owner, stated that he did not attend the
meeting; stated that he was not notified of the hearing.
Mrs. Capos, complainant, stated that she does not have her full
view; stated that Town Engineer did not have concern regarading
soil stability if trees were removed; added that tree owners have
decided what the views should be.
TOWN COUNCIL MINUTES NO. 741
August 20, 1986
Page 10
In response to Mayor Duke, Assistant Planner Britt stated that
the tree owners have complied with approximately 75% of the BAR's
action.
Michael Lyon, Chairman of the Board of Adjustments and Review,
stated that the Board spent hours studying detail in this matter;
stated that the BAR recommendation was very specific and minimal
to restore views.
Tom Koenig stated that the Tree Ordinance suggests compromise;
said that he had delt with professionals who made statements
regarding the soil stability but that they were all disregarded;
stated that Mr. and Mrs. Pruett have sold their home and that the
Williams' and Filmers are satisfied; stated that he has absorbed
100% of the cost thusfar; believes that he has met 90% of the
Board requirements and asked that the complainants compromise
10%.
Angela Koenig, representing Mr. and Mrs. Alikhani, stated that
she feels that they have met the demands of the complainants and
that she will not do any more cutting on their property; stated
that she will appeal in court if necessary.
Mayor Duke closed the public hearing.
Councilwoman Mayberry stated that Michael Lyon has informed the
Council as to what the BAR decision was and that the decision was
precise and used great consideration; stated that she was at the
site today and saw that cutting had been done but that the BAR's
decision had not been met.
Mr. Koenig stated that the BAR wanted trees cut and views
restored and that the views are open now except where extensive
cutting would kill the trees. In response to Councilwoman
Mayberry, Mr. Koenig stated that he will maintain the trees at
View level.
Mayor Duke stated that the decision of the BAR should be upheld
100% and that the specified trees on the Alikhani property should
be removed.
Councilman Shaw stated that the tree owners and complainants
should work toward an agreement on trees 10-17; added that since
the BAR feels that it has done all it can the Council should
uphold the decision of the Board.
Vice-Mayor ,Coxhead stated that the Monterey pines are most
offensive - that they must be cut; stated that trees 10-17 should
be left until the Monterey pines on the Alikhani's property are
cut.
Mayor Duke stated that he agreed with the comments of Vice-Mayor
Coxhead of removing the Monterey pines and suggested that the
item be brought back to the Council after the removal to let the
Council determine further action.
TOWN COUNCIL MINUTES NO. 741
August 20, 1986
Page 11
Michael Lyon stated that some of the trees ordered to be removed
were suggested because such extensive pruning would do
irreperable damage to he trees.
MOTION: Deny the appeal and uphold the decision of the Board of
Adjustments and Review which includes the removal of the
two (2) Monterey pines on the Alikhani property.
Moved: Duke, Seconded by Mayberry
Vote: AYES: Unanimous
ABSENT: Wilson
Mayor Duke stated that the Town will assume no responsibility for
the soil stability on the tree owners' properties; added that the
Council will begin legal proceedings in 60 days if the decision
is not upheld.
2. ENCROACHMENT PERMIT REQUEST (23l5 Paradise Drive)
Supt. of Public Works Brunini reviewd the staff report; stated
that there had been a two-foot discrepency by the surveyor in
relation to the house next door.
Vice-Mayor Coxhead agreed that the house next door to that in
question encroaches more that this application; suggested that
the Council approve the request and waive the filing fee.
Martha McCart, private citizen, stated that the area of Tiburon
in question has had conflicting surveys done and that there is a
25-foot discrepency in the Lyford Stone Tower area; stated that
there is no way to determine what is exact.
MOTION:
Moved:
Vote:
Approve the request for an encroachment permit and waive
the $50.00 filing fee.
Duke, Seconded by Coxhead
AYES: Shaw, Coxhead, Duke
NOES: Mayberry
ABSENT: Wilson
10. TIBURON TRAFFIC SAFETY EVALUATION ENFORCEMENT AND ENGINEERING
ANALYSIS (Recent Study Provided by the Institute of
Transportation Studies, U.S. Berkeley)
Town Manager Kleinert reviewed the staff report for the Council.
Supt. of Public Works Brunini stated that the Traffic Safety
Committee should come before the Council with a report and
recommenda~ion.
In response to Councilman Shaw, Chief of Police Bailey stated
that most of the matters before the Traffic Safety Committee are
not related to Caltrans; added that Caltrans has not and does not
inform the police department as to what area they will be working
on and when.
It was the consensus of the Council that the Traffic Safety
Committee would submit a report and recommendation.
TOWN COUNCIL MINUTES NO. 741
August 20, 1986
Page 12
Councilman Shaw suggested that staff contact Caltrans to let them
know that Tiburon Blvd. is not governed by the California Highway
Patrol by the the Tiburon Police Department.
Town Engineer Bala stated that Caltrans has been most
uncooperative in the past and sees no effort of cooperation in
the future.
Mayor Duke asked that Staff call a meeting with Caltrans
representatives.
Town Manager Kleinert stated that the Town Engineer should
advertise the the Reed Ranch Road overlay project and obtain
bids.
Mayor Duke called a closed session of the Town Council to be held
on Friday, August 22, 1986 at 9:00 a.m., Town Manager's office.
I. ADJOURNMENT
There being no further business before the Town Council of the
Town of Tiburon, Mayor Duke adjourned the meeting at ll:30 p.m.
to the closed session of August 22, 1986.
,. I '
. . . . ,.- .~..._< .', ./'
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LAWRENCE J. DUKE, MAYOR
ATTEST:
TOWN COUNCIL MINUTES NO. 741
August 20, 1986
Page 13
MINUTES
TOWN COUNCIL
EXECUTIVE SESSION
The Mayor called the Executive Session to order at 6:05 P.M.,
Wednesday, August 6, 1986, for the purpose of discussing
litigation. Councilmember Wilson was absent. The Executive
Session was adjourned at 7:30 P.M.
CALL TO ORDER
Mayor Duke called the regular meeting of the Town Council of the
Town of Tiburon to order at 7:50 P.M., Wednesday, August 6, 1986,
in the Multi Media Room, Bel Aire School, Tiburon, California.
A. ROLL CALL
PRESENT:
COUNCILlVlEMBERS:
Mayberry, Coxhead, Shaw, Duke
ABSENT:
COUNCILMEMBERS:
Wilson
EX-OFFICIO:
Town Manager Kleinert, Town
Attorney Ragghianti, Town
Engineer Bala, Supt. of Public
Works Brunini, Chief of Police
Bailey, Finance Director
Nadritch, Assistant Town Clerk
Hennessy
B. APPOINTMENTS TO CDMMISSIONS, BOARDS, OOMMITTEES
There were none.
c. COMMISSION AND CDMMITTEE ORAL REPORTS
There were none.
D. PUBLIC QUESTIONS AND CDMMENTS
There were none.
E. CONSENT CALENDAR
MOTION: To approved the Consent Calendar consisting of the
following items:
1. APPROVAL OF MINUTES #739, July l6, 1986
2. ORDER TO SHOW CAUSE (Tree Complaint, 7 Heathcliff - Set
Public Hearing for August 20, 1986)
3. RESOLUTION OF RECOGNITION (Rev. Johnson - St. Hilary's)
TOWN COUNCIL MINUTES #740
August 6, 1986
Page 1
4. RESOLUTION COMMEMORATING THE U. S. COAST GUARD'S 196th
BIRTHDAY
5. ROCK HILL DRIVE/TIBURON BOULEVARD INTERSECTION
(Authorization to Install Conduit)
6. 1985-86 AUDIT (Authorization to Select Auditor)
Moved:
Vote:
Coxhead, Seconded by Mayberry
AYES: Unanimous
ABSENT: Wilson
F. PUBLIC HEARINGS & BUSINESS ITEMS
The Mayor announced that Item 11, GENERAL PLAN UP-DATE would be
continued to the next meeting.
7. LOW/K>DERATE INOOME mUSING (Eligibility Priority -
Resolution)
The Town Manager reviewed the Staff report. Council's action was
to chose the number of units which would be restricted for the
initial offering to public employees and adopt the draft
Resolution. The Town Attorney reviewed the revised draft
Resolution; changes had been suggested by Mr. Ziegler, The
Innisfree Companies attorney.
The Mayor opened the public hearing. There being no comments,
the Mayor closed the public hearing.
Council discussed inclusion of public entities who served the
Tiburon community, but were not located in the community, and it
was decided to exclude them from the priority schedule. Council
also agreed that ten of the twenty units should be restricted for
the initial offering.
Mr. Ziegler expressed concern that inclusion of the "working in
Tiburon" phrase would perhaps be discriminatory; asked that the
Town receive an opinion from the Attorney General; suggested
Council adopt the Resolution with proviso it can be amended or
brought back to the Council if the Town receives a contrary
opinion from the Attorney General's office. In response to the
Town Attorney, Mr. Ziegler stated the developer would not hold
the Town responsible for any delays as a result of seeking the
Attorney General's opinion.
MOTION: To adopt amended Resolution Establishing Certain
E~igibility Requirements for Purchase of Inclusionary
Housing Under Construction by The Innisfree Companies
Moved: Mayberry, Seconded by Duke
Vote: AYES: Unanimous
ABSENT: Wilson
TOWN COUNCIL MINUTES #740
August 6, 1986
Page 2
Mr. Ziegler stated there were some points in the Agreement
between the Housing Authority and the Town that still needed to
be negotiated; suggested a Committee meet to discuss the
issues. The Mayor stated he and Councilmember Shaw would serve
on the Committee to discuss the Agreement with representatives
from the Housing Authority, Innisfree and the Town's consultant
Mr. Bornholdt.
8 . DOWNTOWN TIBURON IMPROVEMENTS RELATING TO ANGEL ISLAND ACCESS
(Informational and Status Report of State Proposed
Improvements)
The Town Manager summarized the Staff report; the State had
indicated to him that any proposal would be subject to the public
hearing process of the Town including an EIR. There were three
basic areas being discussed, i.e., dock facilities behind the
Dock Restaurant; public restrooms in this area and parking
facilities for Angel Island visitors. The Town received a
petition signed by downtown merchants requesting the Town to
install public restrooms.
Ross Henry, Chief of the Planning Division of the State Parks &
Recreation Department, stated they had the management
responsibility for Angel Island; access to the Island has
historically been from Tiburon; in the past there had been no
deficiency of parking until Point Tiburon was built; they began
to look at ways to assure there would be public parking
available; the State had been looking for some time both in terms
of improving what exists in the Town and also finding alternate
service areas for Angel Island; the State was planning to hold a
public hearing on September 16 to discuss the proposal to improve
downtown facilities and parking; it would be an opportunity for
the public to present comments and concerns to the Department.
Mr. Henry indicated the State had an agreement in written form
from the Golden Gate Ferry Service to provide access from
Larkspur Landing once the East Garrison facilities are completed;
funds were available for renovation and expansion but the bids
were too high; the State was looking for a suitable site in the
East Bay to provide access to the Island. The State was not
looking at Tiburon as the sole access point nor looking to expand
visitor use; they wanted to maintain the historical level of use
and expected that use would diminish when the Larkspur ferry
service goes into effect; the Department has been working with
Main Street Properties; they have no proprietary interest in the
Town. Mr. Henry stated the Department has been remiss in many
ways and the impact of Angel Island visitors has been shouldered
by the Town and businesses; they were trying to correct the
situation with restrooms and dock facilities which they would
maintain; the Department would allow Main Street Properties to
develop the facilities because they already had permits and the
State would reimburse them for the costs as part of their lease
arrangement. Mr. Henry stated the $500,000 previously budgeted
for these improved facilities, would be reinstated in the
Department's budget possibly this year.
TOWN COUNCIL MINUTES #740
August 6, 1986
Page 3
Mr. Henry introduced Mr. Don Brean the newly appointed Department
of Parks & Recreation's Marin County Superintendent.
In response to the Mayor, Mr. Henry stated the facilities
proposed would have handicapped access; if parking is not
available for State park visitors, then restrooms would not be
needed.
In response to Councilmember Shaw, Mr. Henry stated they were not
planning to subsidize parking; it was their understanding the
rates at the Mar West parking lot are somewhat less; they hoped
they would be competitive rates; there was the possibility that
one could go into the lot and the charge would cover the parking
and transportation to Angel Island.
Keith Morrison, Main Street Properties, stated it was important
to remember that very few of the restaurants are avilable to the
handicapped; that handicapped restrooms are necessary; it was not
contemplated to have additional parking spaces; approximately 400
spaces in the old SP lot and along Paradise Drive were deleted.
Milt McDonough, owner of Angel Island Ferry service, stated he
wouldn't like to see a dock extending to the area where he has to
land his boat; wanted to be sure any dock that is built is
constructed in such a way as not to interfere with his property;
high tides and winds must be taken into consideration; he felt a
new dock would cause considerable congestion and he emphasized
his need to keep his boat on schedule.
In response to Councilmember Mayberry, Mr. McDonough stated his
larger boat has wheelchair access.
Stewart Hopkins commended the Town Manager and former Councils
for the consistent stand opposing using Tiburon as a launch pad
for Angel Island; felt the proposal was a commercial enterprise
that has a financial interest to bring more tourists to Tiburoni
the parking lot on Mar West has only a temporary use permit; it
was the unanimous vote of the former Council that it not be made
permanent parking; supported access from San Francisco and East
Bay; suggested Main Street Properties install facilities at their
own expense and pass the costs onto the tenants; the Sanitary
Districts are required by law to assess those who use the
facilities; it is incumbent upon the people who create the
problem to put in their own facilities. Mr. Hopkins suggested
local residents work with the County and State officials and the
Federal officials if necessary to make their opinions known.
Vernon Cox, Center for Independent Learning, asked that the
handicapped community be invited to participate in design of any
handicapped facilities; he wanted to be treated as a taxpayer;
didn't want to be carried down a ramp.
Resident stated she has always needed help getting on and off Mr.
TOWN COUNCIL MINUTES #740
August 6, 1986
Page 4
McDonough's boat; handicapped access off Angel Island is
difficult.
Jocelyn McDonnell, Parks & Open Space Commission Chairman, asked
Mr. Henry if his office is working with Golden Gate Transit to
provide handicapped transit to the ferry. Mr. Henry stated there
have been discussions regarding using Blackie's Pasture as a
parking lot and having mass transit to bring people into Tiburon;
the State hasn't discounted that idea but would like at least 200
parking spaces within the downtown Tiburon area.
Nat Marans, Spanish Trail, emphasized that the March 6, 1985 Town
Council minutes reflect that the Mar West parking lot was granted
a temporary use permit only for one year or until Point Tiburon's
parking lot is open; visitors to Angel Island park their cars,
leave their garbage and don't spend their money in the downtown
area; no reason for people to come to Tiburon when they can go to
Larkspur; the LCOTPOA is adamantly opposed to increased
facilities for Angel Island.
Larry Smith, former Mayor, stated the challenge is to thread way
into the issue and balance opportunity to satisfy everyone; the
Town needed parking to support the commuter service; the area
between Home Savings and the dedicated land has always been a
potential parking area to serve the commuters during the week and
visiting public on weekends. The previous Council debated the
issued and stated if there was to be parking in that area it
should be very well landscaped; important the Town support
historical levels of parking
A resident of Fairfax encouraged the Council to take advantage of
the disabled community when designing ramps and ferry access.
Kirk Hanson, former Mayor, referred to previous meetings with the
Parks & Recreation Department where agreement was reached to
maintain historic levels and pursue access to Angel Island from
Larkspur; stressed it was critical for the Council to work with
Main Street Properties and the State Parks & Recreation
Department; didn't think 200 parking spaces were needed to
maintain historic levels of transportation from Tiburon to Angel
Island.
Mr. Henry stated 200 parking spaces was an estimate; thought 200
represented historic levels of what was available prior to the
Point Tiburon development.
In response to Mr. Hanson, the Town Attorney stated Government
Code 53090 exempts the State of California from the planning and
zoning process of local jurisdictions. The Town Attorney stated
a determination would have to be made whether the State had
sufficient interest in real property to make the dock and
facilities State owned property, or whether the facilities leased
from Main Street Properties would still require local building
and planning review. In regard to the parking lot, the Town
TOWN COUNCIL MINUTES #740
August 6, 1986
Page 5
Attorney stated the Town had a resolution authorizing use of the
Mar West parking premises on a temporary basis; the problem the
State has is entering into an agreement with Main Street
Properties that purports to permit that parking to be used for
exclusive use for Angel Island visitors.
Keith Morrison stated there has never been any intention to turn
over any properties of the Zelinsky family to any State agency.
In response to Mr. Hanson, Mr. Morrison stated Main Street
Properties has a repair permit from BCDC and the Army Corps of
Engineers.
Becky Clelland, LCOTPOA, read a letter dated August 5 objecting
to any increase in Angel Island visitors.
Nat Marans suggested the Town have an advisory ballot regarding
the issue.
Vice-Mayor Coxhead reviewed the issues and suggested the Planning
Commission hold public hearings; expressed concern that the dock
was not just a replacement of the old pier but a new steel
floating dock with a different use; wasn't sure if the proposal
was in compliance with the Downtown Plan; thought it appropriate
to have public hearings addressing issues of design; expressed
surprise that Main Street Properties had been able to obtain
permits from BCDC and the Army Corps of Engineers without any
permission from the Town; asked Staff to check with the Planning
files regarding any previous applications; felt a commitment to
employees on Angel Island; felt it was vital to resolve the issue
of proprietory or sovereign rights; the Downtown Plan stresses
maintaining the Town's small scale charm with no significant
visitor link or use to Angel Island; suggested hearings before
the Design Review Board and Planning Commission for the design of
a floating steel dock and hearings before the Planning Commission
and Town Council regarding permanent parking north of Home
Savings; asked the Parks & Recreation Department to send a letter
to the Town endorsing ferry service from Larkspur Landing to East
Garrison prior to their September 16 public hearing.
In response to Councilmember Mayberry, Mr. Henry stated the State
would pay sewer and utility fees for the restroom and dock
facilities.
In response to the Town Attorney, Mr. Henry stated he did not
have an opinion from their Counsel regarding sovereignty issue.
It was the concensus of the Council to maintian number of
visitors to Angel Island at the historic level and to provide
handicapped access.
Mr. Henry stated it was the State's intent to work with the Town
to provide what meets the public needs and also be sensitive to
the needs of the community; they would not enter into an
agreement with Main Street Properties without approval of the
TOWN COUNCIL MINUTES #740
August 6, 1986
Page 6
Town Council; wanted to make sure what the State was trying to
accomplish was what the Town Council will support; Department
feels very strongly they have to have access to Angel Island from
Tiburon; not looking to expand the use; felt confident when the
Larkspur ferry service comes on line, there will be a reduction
in traffic from Tiburon.
The Town Manager suggested the State hold their public hearing in
September, outline the proposal, hear comments, return to the
Town for the Town's hearing process and then sign an agreement
with Main Street Properties.
9. HOBBS PROPERTY (Request for Town Contribution to IIShoreline
Fundll)
The Town Manager reviewed the Staff report. The Shoreline Trust
Fund Steering Committee has requested the Town to use Open Space
Funds to match the $25,000 bequest of the Dubilier Estate. The
Town Manager stated he recommended funds remain in the Town
account until escrow is opened so that the Town would maintain
interest monies.
John Hoffmire stated the Committee's goal is to raise $250,000
and they needed the Town's support. Mr. Hoffmire stated
Supervisor Aramburu has arranged for a major fund raiser to work
with the Committee, and is also working with the Coastal
Conservancy Commission, State Lands Commission and the Buck
Foundation; stated the Marin Open Space District would prepare
the applications and asked that they be submitted by the Town.
Lillian Kettenbach urged the Town to pledge $25,000 to the Fund.
The Town Manager stated the Dubilier Estate would accept the
Committee's funds as being sufficient to meet the requirements of
the bequest; if the Town elected to use the estate money for
other purposes, the Town would need to make the additional
$25,000 commitment.
The Town Manager stated the Open Space Fund is used for
maintenance, slide repair and litigation costs and there remains
approximately $200,000 in cash and $100,000 in commitments in the
fund.
Nat Marans and Stewart Hopkins supported the contribution.
Jocelyn McDonald, Chairman of the Parks & Open Space Commission,
reminded Council that the $25,000 from the Dubilier Estate had
previously been promised to the Park & Open Space Commission for
a list of projects.
MOTION: To pledge up to $25,000 from the Open Space Fund for the
TOWN COUNCIL MINUTES #740
August 6, 1986
Page 7
acquisition of the Hobbs Property which would be
matching funds to satisfy the requirements of the
Dubi1ier bequest.
Moved: Mayberry, Seconded by Shaw
Mayor Duke stated he thought $25,000 was too much considering the
times the Town was in at the moment.
Vote: AYES:
NOES:
ABSENT:
Mayberry, Coxhead, Shaw
Duke
Wilson
10 REQUEST FOR -NO PARKING- ALONG MARINER WAY - Resolution
Council waived Staff report.
MOTION:
Moved:
Vote:
To adopt Resolution Creating A No Parking Zone On
Mariner Way
Mayberry, Seconded by Duke
AYES: Unanimous
ABSENT: Wilson
ll. GENERAL PLAN UP-DATE (Cost Estimates for Implementation of
Work Program)
This item was continued to the next meeting.
12. TIBURON PARKING COMMISSION (Accept Commission's March 1986
Report & Establish Permanent Commission)
The Town Manager reviewed the Staff report. Council accepted and
approved of the recommendations outlined in the Commission's
March 1986 Report and suggestions made in the Staff report to
form a new Committee.
13. TIBURON'S LIABILITY INSURANCE PROGRAM (Consider the Town's
Liability Insurance Options)
The Finance Director stated the newly formed Insurance & Finance
Subcommittee was reviewing the ABAG and Marin JPA proposals for
liability insurance; currently Staff favors ABAG's program.
The Town Manager stated there would be an orientation meeting on
August 21 at 8 P.M. in the Corte Madera Council Chambers
regarding the Marin JPA program and Council was invited.
G.' COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS
'IDWN ENGINEER
The Town Manager asked Council to approve the Hold Harmless
Agreement prepared by the Town Attorney for the Town Engineer and
Deputy Town Engineer.
TOWN COUNCIL MINUTES #740
August 6, 1986
Page 8
MOTION: Authorize the Town Manager to enter into a hold harmless
agreement with the Town Engineer and Deputy Town
Engineer
Moved: Duke, Seconded by Mayberry
Vote: AYES: Unanimous
ABSENT: Wilson
CITY OF BELVEDERE
City of Belvedere had requested a representative be appointed to
their Committee to evaluate use of Belvedere City Hall for
recreational use. Council appointed Councilmember Shaw.
TRAFFIC STUDY
The Town Manager stated he has received an invoice from Greg
Harvey who prepared the traffic study and wanted to make sure
everybody was satisfied with the study before he authorized
payment. Ted Kreines to evaluate traffic study prior to payment.
Ltr. from Board of Supervisors and Marin County Department of
Public Works re Transportation Support for the Town of
Tiburon to Councilman Shaw - 7-14-86
Council accepted as informational item.
Ltr. from Marin Conservation Corp to Town Manager dt'd 7-21-
86 (Removal of Boat)
Council agreed to defer action; asked Ark to advertise that the
boat could be removed for salvage.
Ltr. from League of California Cities to Town Council dt'd 7-
15-86 (Designate Voting Delegate for League Conference)
Councilmembers Mayberry and Shaw were appointed as Delegates.
B. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Duke adjourned the meeting at 11:35 P.M., sine
die.
, ." / .
~~~~;"~~i < ;;;R
Town of Tiburon
ATTEST:
TOWN COUNCIL MINUTES #740
August 6, 1986
Page 9
MINUTES
TOWN COUNCIL
EXECUTIVE SESSION
The Mayor called the Executive Session to order at 6:35 P.M.,
WedneSday, July 16, 1986, for the purpose of discussing
litigation. The Executive Session was adjourned at 7:35 P.M.
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, July 16, 1986,
in the Hilarita Community Room, Tiburon, California.
A. ROLL CALL
PRESENT:
COUNCILMEMBERS:
Mayberry, Coxhead, Shaw, Duke
ABSENT:
COUNCILMEMBERS:
Wilson
EX-OFFICIO:
Town Manager Kleinert, Town
Attorney Ragghianti, Town
Engineer Bala, Supt. of Public
Works Brunini, Chief of Police
Bailey, Finance Director
Nadritch, Assistant Town Clerk
Hennessy
B.
APPOINTMENTS TO roMMISSIONS, BOARDS, OOMMITTEES
MOTION:
Moved:
Vote:
To appoint Karen Nygren to the Planning Commission
Duke, Seconded by Coxhead
AYES: Mayberry, Coxhead, Shaw, Duke
ABSENT: Wilson
C. OOMMISSION AND OOMMITTEE ORAL REPORTS
Vice-Mayor Coxhead stated he and Councilmember Shaw had met with
representatives of Main Street Properties to discuss the State
Parks & Recreation Department's proposal to install a public
pier, restrooms and parking facilities for Angel Island
tourists. Staff was asked to schedule a public hearing to
discuss these matters.
D. PUBLIC QUESTIONS AND COMMENTS
REQUEST FOR FLOOR AREA RATIO ORDINANCE
Nat Marans, LCOTPOA, asked Council to consider a Floor Area Ratio
ordinance; referred to an applicant before the Design Review
Board who was proposing to replace a duplex with a single family
TOWN COUNCIL MINUTES #739
July 16, 1986
Page 1
5,000 sq. ft. house and then adding a second unit on a parcel of
8,000 sq.ft.; that some consideration needed to be given now to
the floor area ratio and the neighborhood could not wait until
the General Plan review was completed. The Town Attorney stated
the Town will be required to zone property in conformance with
the new General Plan.
Mr. Demartini stated that there has been precedent set where a
single family residence required 10,000 sq. ft. per unit.
The Town Manager suggested and Mayor agreed that the Town
Attorney prepare a draft ordinance for the Planning Commission's
review.
~N/SONOMA MOSQUITO ABATEMENT DISTRICT
Don Batten, representative, reported Bon Appetit had agreed to a
maintenance program to eliminate the mosquito problem in their
area.
ONE ACELA DRIVE
Heidi Kucera stated she had five issues to bring to the attention
of the Town Council in regard to construction at One Acela Drive
and presented a petition signed by five neighbors which objected
to early construction starting times. Also at issue was a
temporary chain link fence with broken barbed wire across the top
which surrounded the property and had not been taken down even
though foundation work was finished. Mrs. Kucera stated the
original plans were approved by the Design Review Board without
the approval of the neighbors; that the driveway is only I' away
from her fence and totally unacceptable and that headlights would
shine into their bedroom window; wanted to know how plans got
approved without neighbors signatures; asked what authority the
Assistant Planner had to approve plans; that the garage was 2'
higher than the approved plans; she stated they felt they had
been wronged and asked the Council to resolve the matter.
Councilmember Mayberry proposed that Council establish a policy
that there be no construction allowed before 8 A.M. with no
variations allowed without permission from the Town and there
would be a penalty if this condition was violated.
The Town Manager stated the Town has always been able to
establish working hours for subdivisions and suggested the
building permit procedure be amended to state working hours on
individual homes.
The Mayor suggested the Planning Commission hold public hearings;
expressed concern regarding the indivual homeowner who wants to
do some work on his home at night.
TOWN COUNCIL MINUTES #739
July 16, 1986
Page 2
The Town Attorney stated the Building Inspector could only issue
a stop work order if the matter becomes a public rather than
private nuisance; the Town does not have a noise ordinance which
measures by decibles.
Chuck Witton stated the neighbors were assured they would receive
a survey; expressed concern and doubt that the house was within
the storypole arrangement as supposedly approved by the Design
Review Board; questioned whether the landscaping plan conforms
with what was proposed; questioned why the neighbors weren't
offered the opportunity to sign off on the landscape plans.
The Mayor asked Town Staff to make sure the house was being built
according to approved plans; to find out if signatures were
required; to approach the contractor again about limiting
starting times, and he and the Town Manager would contact Mrs.
Kucera after Staff has addressed the issues.
Vice-Mayor Coxhead asked that Mrs. Kucera's letter be sent to the
Town Council and Design Review Board.
E. OONSENT CALENDAR
Item 2., TRAFFIC SAFETY COMMITTEE REPORT was removed from the
Consent Calendar for further discussion.
MOTION: To approve the Consent Calendar consisting of the
following items:
1. APPROVAL OF MINUTES - #734, June 4, 1986
#738, July 2, 1986
Moved: Mayberry, Seconded by Coxhead
Vote: AYES: Unanimous
ABSENT: Wilson
F. PUBLIC BEARINGS & BUSINESS ITEMS
3. DEL MADERA DEVELOPMENT (Consider Calling Letter of Credit for
Slide Repair s)
The Town Manager reviewed the Staff report; the Town Engineer has
indicated the Letter of Credit should be increased to $263,000;
the Town Attorney has received a draft proposed amendment to the
Subdivision Improvement Agreement, however, it is not acceptable
at this time, but agreement is expected within a week. The Town
Manager recommended Council approve the Bank's request for an
extension subject to the fulfillment of the five conditions
contained in the July 2 Staff report and the increase in the
amount as proposed by the Town Engineer.
Ms. McCart, representing the Bank of the Orient, stated they
expected to reach an agreement with the Town Attorney to revise
the Subdivision Improvement Agreement; the Bank has hired Donald
TOWN COUNCIL MINUTES #739
July 16, 1986
Page 3
Herzog to provide information to the Town Engineer in regard to
the slope condition.
In response to Councilmember Shaw, Ms. McCart stated the Bank
would be willing to make sure the Letter of Credit did not lapse.
MOTION:
Moved:
Vote:
To allow a two year extension for the slide repair to
August 2, 1988 subject to the five conditions in the
Staff Report of July 2, 1986 and subject to the amount
of the Letter of Credit being increased to $263,000; the
existing Letter of Credit shall be replaced if the
Subdivision Improvement Agreement amendment is not
approved before August 2, 1986.
Duke, Seconded by Mayberry
Unanimous
4. LOW/MODERATE INCOME HOUSING (Priority Eligibility Schedule
for Point Tiburon's 20 Units)
The Town Manager reviewed the Staff report. The Town had
previously appointed a Housing Committee and hired a Housing
Consultant to work with the developer in establishing eligibility
criteria and an allocation system for purchase of the 20 below
market rate units at Point Tiburon. The developer has expressed
concerns that some of the eligibility criteria previously
discussed such as preference for senior citizens, handicapped and
Tiburon residents, would in fact be grounds for discrimination.
The Town Attorney has met with the developer who has agreed to
include a provision to permit permanent employees of the Town be
given eligibility preference to purchase the units.
Dick Bornholdt, consultant, stated he had indicated to the
developer that preference might also be given to permanent
employees of the School District, Fire District and Sanitation
Districts and the developer's representative had agreed.
Discussion ensued regarding median middle income standards,
resale restrictions, the potential benefit to attract Town
employees, the Town's inability to grant preference to residents
or senior citizens; these units would help but not satisfy the
Town's housing requirements; the community's benefit if Town
employees were residents. It was established the one bedroom
unit was 550 sq. ft. and would sell for approximately $72,000; the
two bedroom unit was 750 sq. ft. and would sell for approximately
$90,000.
Vice-Mayor Coxhead preferred to limit eligibility preference to
public safety employees.
The Mayor and Councilmember Mayberry suggested 10 units be
restricted for initial offering to the Town employees;
Councilmember Shaw suggested 80% of the units.
TOWN COUNCIL MINUTES #739
July 16, 1986
Page 4
Assistant Town Clerk Hennessy stated that with a 15% down
payment, a Town employee would need to earn $31,000 to qualify
for the mortage and even the police officers did not qualify.
Mr. Phillips suggested the Town build housing for the Town
employees.
Helen Benedict stated the reason Town employees don't qualify for
the mortgages needs to be discussed.
The Mayor directed the Town Attorney to prepare a Resolution and
return the item to the next Council meeting.
5. COMMUNITY FACILITIES DISTRICT (Adopting Special District Tax
Levy for 1986-87 - Ordinance, 2nd Reading)
The Finance 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.
Coxhead, Seconded by Mayberry
AYES: Unanimous
ABSENT: Wilson
The Mayor read, AN ORDINANCE OF THE TOWN OF TIBURON LEVYING A
SPECIAL TAX FOR THE PROPERTY TAX YEAR 1986-87, COMMUNITY
FACILITEIS DISTRICT NO. 1985-1.
MOTION: To pass second reading and adopt the aforementioned
Ordinance No. 319 N.S.
Moved: Coxhead, Seconded by Mayberry
Vote: AYES: Mayberry, Coxhead, Shaw, Duke
NOES: None
ABSENT: Wilson
6. TRAFFIC SIGNAL INSTALLATIONS (Consider Signalization of
Tiburon Boulevard/Stewart Drive and Tiburon Boulevard/Rock
Hill Drive Intersections)
The Town Manager reviewed the Staff report. The Town Engineer
stated there were warrants established for Stewart Drive; he
thought Rock Hill Drive would also meet the warrants; money was
available for both signalization projects; the previous Council
desired to wait and study the impact of three additional signal
installations before proceeding with signals at either Rock Hill
Drive and/or Stewart Drive; signals would work on a lane
occupancy control system.
The Mayor opened the public hearing.
TOWN COUNCIL MINUTES #739
July 16, 1986
Page 5
Nancy Allegra asked that warrants be done when school is in
session. Susan Wayman and Jocelyn McDonnell agreed. It was also
pointed out how heavy the traffic is on Rock Hill during the
weekend when both churches are being used.
The Town Engineer stated that weekends were not considered when
the State is conducting engineering studies.
Jean LaVerde stated her son had been injured at the Rock Hill
intersection.
A resident of Stewart Drive, stated there was no way of knowing
how many people drive over to Avenida Miraflores he and his
neighbors had requested a stop sign at Redding and stripping was
used instead; they want a stop sign at Redding Court.
Matt Sutter, Hawthorne Drive, Tom Dorato, Hilary Drive, Dave
Gross, Reed Heights Tiburon Knolls POA President, Vicky
Windblatt, Joe Keller, Burt Vasculli, Bill Yarrow, Diana Bennett
spoke in favor of installing traffic signals at one or both
intersections.
The Mayor closed the public hearing.
Vice-Mayor Coxhead suggested the recent traffic study performed
in conjunction with the General Plan review might be used to
justify the warrants at Rock Hill Drive; this study was done May
29 and June 4 when school was in session.
MOTION: To install traffic signals at Rock Hill Drive and
Stewart Drive; ask State to determine if warrants are
met for Rock Hill Drive
Moved: Shaw, Seconded by Mayberry
Vote: AYES: Unanimous
ABSENT: Wilson
7. TIBURON/BELVEDERE PARKING & TRANSPORTATION ADVISORY
COMMISSION (Review Commissions' Report and Recommendations
and Provide Future Direction to Commission)
The Town Manager reviewed the Staff report; asked Council to give
Commission direction on how they can be of future service to the
Town.
Al Kuhn, Chairman, and Cynthia Gilbert, member of the Commission,
were presen~ to respond to questions from Council. Mr. Kuhn
reviewed the Commission's report and their three major
recommendations and stated Tiburon is a community without assets
in the parking area; the Commission recommends a member of the
Staff be appointed as a liaison; bus shelters need to be
improved; there are no inbound covered shelters. Ms. Gilbert
speaking for the Chamber of Commerce encouraged that the
"grandfather" clause remain; she encouraged more support from the
Town to get better quality of service from the Transit Districts.
TOWN COUNCIL MINUTES #739
July 16, 1986
Page 6
Council discussed several aspects of the report. Mayor Duke
thanked the Commission and asked them to continue to explore the
feasibility and practicality of a resident sticker program and to
explore the possibility of initiating some kind of fee from the
downtown businesses particularly those grandfathered in to
provide revenue for parking alternatives, i.e., shuttle bus
service, and the possibility of an additional parking area at the
end of Lyford Drive and Tiburon Boulevard.
In response to Mr. Kuhn, the Town Manager stated he thought
traffic funds could be used for bus shelters and the Town could
also pursue funds from the Golden Gate Transit District.
Mr. Kuhn also suggested that the merchants validation of parking
be advertised.
The Mayor expressed the Council's wishes that the Parking and
Transportation Advisory Commission continue.
8. LAFCO MANAGEMENT/OPERATION EVALUATION REPORT (Consideration
of LAFCo Reorganization Proposal)
This item was continued.
9. TIBURON'S LIABILITY INSURANCE PROGRAM (Consider the Town's
Liability Insurance Options)
This item was continued.
4 . TRAFFIC SAFETY COMMITTEE
Vice-Mayor Coxhead asked why the Traffic Safety Committee
recomended no stop sign at the intersection of Leland & Cecilia
as requested by a resident. The Police Chief responded that a
stop sign at that intersection would not have prevented the
recent accident. Council referred the request to the Bel Aire
Property Owners Association for their recommendation regarding
the sign.
G. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS
The Mayor stated that John Harrington, Doug O'Connor and Peter
Siewert have offered to serve on an Ad Hoc Committee to review
the Town's liability insurance, investment program and auditors.
John Hoffmire has requested the Town to make an additonal
donation to the Save Shoreline Trust Fund for the acquisition of
the Hobb's Property.
TOWN COUNCIL MINUTES #739
July 16, 1986
Page 7
The Town Manager asked Council's approval to give a hold harmless
letter to the Town Engineer and Deputy Town Engineer for the
insurance company indicating when he works on public projects he
would fall under the Town's liability insurance. The Mayor
stated he would discuss the issue with the Town Attorney. The
Town Engineer stated his insurance had been increased from
$19,000 to $45,000.
B. ADJOURNMENT
Being no further business of the Town Council
Tiburon, Mayor Duke adjourned
die.
of the Town of
the meeting a~+..1~1:35 P.M,., sine
I~
'..- ------. .
LAWRENCE J. DUKE, MAYOR
Town of Tiburon
AT;iJLJ// .
R. L. KLEINERT, TOWN MANAGER/CLERK
TOWN COUNCIL MINUTES #739
July 16, 1986
Page 8
MINUTES
TOWN COUNCIL
EXECUTIVE SESSION
Mayor Duke called the Executive Session to order at 6:30 P.M.,
WedneSday, July 2, 1986 for the purpose of discussion pending
litigation. All members of the Town Council and Town Manager
were present. Executive Session was adjourned at 7:30 P.M.
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, July 2, 1986,
in the Hilarita Community Room, Tiburon, California.
A. ROLL CALL
PRESENT:
COUNCILMEMBERS:
Mayberry, Wilson, Coxhead, Shaw
Duke
ABSENT:
COUNCILMEMBERS:
None
EX-DFFICIO:
Town Manager Kleinert, Planning
Director Hanna, Town Engineer
Bala, Supt. of Public Works
Brunini, Chief of Police
Bailey, Finance Director
Nadritch, Assistant Town Clerk
Hennessy
B. APPOINTMENTS TO roMMISSIONS, BOARDS, OOMMITTEES
There were none.
c. COMMISSION AND roMMITTEE ORAL REPORTS
GIFT CATALOGUE
The Town Manager stated the Ring family of Hilary Drive had
donated $50 to the Town to be used for up-keep of the Police dog
Laddy in memory of their dog "Barney Beagle".
LARRY SMITH (New Town Hall Facilities Status Report)
The Mayor expressed appreciation to former Mayor Smith for his
attendance and his work in keeping the project moving. Larry
Smith reviewed the work of the Town Hall Facilities/Needs
Committee; there were no conclusions reached regarding site
selection; the estimated cost of a complex was $1 to 1.2 million,
excluding the cost of the land; land available at the corner of
Mar West and Tiburon Boulevard and the current Town Hall site;
estimated size to be between 10,000 and 12,000 sq. ft.
TOWN COUNCIL MINUTES #738
July 2, 1986
Page I
Mayor Duke suggested a Town Site Advisory questionnaire be sent
to all residents to determine their preference for a Town Hall
location.
D. RECOGNITION OF TOWN SERVICE
ROBERT HANNA (PLANNING DIRECTOR 1978-86 - Resolution)
Councilmember Jim Wilson who had worked with Mr. Hanna for eight
years read a Resolution Commending Robert J. Hanna, Director of
Community Development, for His Distinguished Service to the Town
of Tiburon.
MOTION: To adopt Resolution Commending Robert J. Hanna for His
Distinguished Service to the Town of Tiburon
Moved: Wilson, Seconded by Coxhead
Councilmember Wilson expressed his personal gratitude to Bob
Hanna who he considered a top Planning Director and a huge
benefit to the community.
Vote: AYES:
Unanimous
Mayor Duke presented Mr. Hanna with a plaque which expressed the
Town's appreciation to him for his dedicated service to the
Town.
Mr. Hanna expressed his appreciation to the Town Staff for their
hard work and dedication to the Town and hoped they continued
this tradition; noted the willingness of the Town's citizens to
spend hour after hour in meetings which resulted in the way the
Town looks today; the Town was a credit to the citizens and the
Councilmembers, Commissioners and Boardmembers who dedicate their
time; he stated he was proud to have been a part of the
community.
E. PUBLIC QUESTIONS AND COMMENTS
SKIP BERG (Hamilton Master Plan)
Mr. Berg outlined the goals of the development his company
proposes for Hamilton Air Force Base and the concept of creating
rental housing to be occupied by persons working on site or north
of the complex in order to alleviate traffic on the 110 Corridor.
The Town Council expressed support of this concept.
F. GENERAL PLAN UP-DATE
1. GENERAL PLAN WORK PROGRAM (Acceptance of Final Work Program
and Implementation Plan
Mr. Ted Kreines submitted Task V to the Council which identifies
each and every task to be undertaken during the revision of the
General Plan.
TOWN COUNCIL MINUTES #738
July 2, 1986
Page 2
In response to Vice-Mayor Coxhead, Mr. Kreines stated he had met
with the County Planning Department representatives and reviewed
the first three Tasks with them; the County expressed concern
that they were not consulted earlier in the development of the
process and would have liked a hand in developing it; he would
review Tasks IV and V with them. Mr. Kreines stated it was up to
the County to take the initiative and tell the Town what they
want to do; the County will provide an inventory of properties in
the unincorporated area.
Discussion ensued regarding Task V and various assignments.
MOTION:
Moved:
Vote:
To submit the Parks & Recreation Element to the Parks &
Open Space Commission
Coxhead, Seconded Duke
AYES: Unanimous
MOTION: Mayor to appoint Vice-Mayor Coxhead and Councilmember
Shaw as a special Downtown Committee to review the
Downtown Plan
Moved: Coxhead, Seconded Duke
Vote: AYES: Unanimous
MOTION: Refer the Scenic Highways Element to the Planning
Commission to determine (1) should the Town retain this
Element as part of the General Plan and (2) what should
be done with Tiburon Boulevard in terms of
beautification
Moved: Duke, Seconded by Coxhead
Vote: AYES: Unanimous
With regard to collection of data and base maps, the Town Manager
stated he would work with Mr. Kreines and the County to implement
this program.
In response to the Town Manager, Mr. Kreines stated the most
expenslve area would be the Draft EIR. Mr. Kreines stated he was
suggesting a fiscal impact analysis and a legal section. He
stated there were legal questions regarding vested rights,
affordable housing, Measure "C", etc.
Vice-Mayor Coxhead thanked Mr. Kreines for completing his Work
Program reports four weeks early and asked that he prepare
specific cost estimates for carrying out the program.
G. CONSENT CALENDAR
Minutes #734, June 4, 1986 were removed from the Consent Calendar
and continued to the next meeting.
MOTION: To approve the Consent Calendar consisting of the
following items:
TOWN COUNCIL MINUTES #738
July 2, 1986
Page 3
2. APPROVAL OF MINUTES - i735, June IO, 1986
i736, June 18, 1986, as amended
i737, June 24, 1986
3. CLAIM AGAINST THE TOWN (Recommend Denial - Rotenberg)
4. CLAIM AGAINST THE TOWN (Recommend Denial - Berg)
5. NOTICE OF COMPLETION AND ACCEPTANCE OF PROJECT (Pedestrian
Path and Footbridge - Resolution)
6. GILMARTIN DRIVE ASSESSMENT DISTRICT (Increase in Engineering
Fees - Resolution)
7. P.G.&E. RULE 20A FUNDS (Request Board of Supervisors to Share
Funds with Cities - Resolution)
Moved: Wilson, Seconded by Coxhead
Vote: AYES: Unanimous
B. PUBLIC BEARINGS & BUSINESS ITEMS
8. 1986-87 TOWN BUDGET (Adopt Final Budget - Resolution)
This item was moved to end of the agenda.
9. MINOR SUBDIVISION (Sommer Property, Hillcrest Road & Paradise
Drive - Request for Continuingjrocessing of Subdivision)
The Planning Director reviewed the Staff report.
Gus Strotz, architect, reviewed the history of the application
which was started in 1981 and asked Council to allow a three lot
subdivison.
The Mayor stated he had been advised by the Town Attorney that
Section 3(b) of Measure C would allow a single lot split during
the moratorium and the applicant would be required to sign a
letter of intent stating he understands that only one lot split
would be allowed during the length of the moratorium; that would
not preclude the applicant from coming back at a later date after
the moratorium, if zoning requirements, were met to apply for an
additional lot split.
Councilmember Mayberry stated the Council had no authority under
Measure C to approve anything more than a single lot split.
Councilmember Wilson asked if two lot splits would be in
violation of the State Subdivision Map Act.
The Mayor r~quested the Town Attorney's opinion regarding a
possible circumvention of the State Subdivision Map Act by
allowing two lot splits.
MOTION: To deny request to continue processing application
for three lot subdivision; applicant will be permitted
to submit and process a single lot split application
pending the Town Attorney's approval of that action.
Moved: Duke, Seconded by Mayberry
Vote: AYES: Unanimous
TOWN COUNCIL MINUTES #738
July 2, 1986
Page 4
10. LOW/MODERATE INCOME DOUSING (Priority Schedule for Point
Tiburon's 20 Units)
The Mayor stated the Council would not take action on this item
this evening. The Town was still working out an agreement
between the Housing Authority, the Town and The Innisfree
Companies.
In response to Helen Benedict, the Mayor stated the below market
rate housing should be completed by September.
11. DEL MADERA DEVELOPMENT (Consider Calling Letter of Credit for
Slide Repair s)
The Finance Director reviewed the Staff report which recommended
Council approve the two year extension of the Letter of Credit
for slide repairs based on several conditions outlined in the
Staff report.
Ms. McCart, representing Bank of the Orient, stated her client
was willing to work with Staff regarding an indemnification
agreement.
The Mayor asked that the Bank make suggested changes in the
Subdivision Agreement in order to extend the Letter of Credit.
Vice-Mayor Coxhead stated he was uncomfortable with the Town
using Letters of Credit to secure agreements and agreed with the
Town Engineer that a soils report should be requested.
Moved:
Vote:
To support in principle Bank of Orient's request to
extend time requirement for repair of slides and to
return this item to Council on July 16 with a formal
document which would include the five conditions
outlined in the Staff report and add a condition that
the $245,000 Letter of Credit be increased to reflect
possible cost increases.
Duke, Seconded by Coxhead
AYES: Unanimous
MOTION:
12. TIBURON BOULEVARD IMPROVEMENT FUND (Cost Estimates for
Improvements at Various Intersections along Tiburon
Boulevard)
The Finance Director reviewed the Staff report.
The Town Engineer reviewed the negotiations with CAL/TRANS over
the years regarding a stop light at Greenwood Beach Road where
the Town has installed $30,000 worth of conduit in preparation
for a stop light. Warrants have been met for installation of
signals at Stewart Drive and Rock Hill Road for signalization.
Discussion ensued regarding the $867,000 Letter of Credit from
The Innisfree Companies being held by Utah State Savings and the
TOWN COUNCIL MINUTES #738
July 2, 1986
Page 5
Finance Director was directed to secure a letter from Magnet Bank
stating this Letter of Credit has been reassigned.
There was additional discussion regarding safety along Tiburon
Boulevard and the projected number of lights along Tiburon
Boulevard from Beach Road to 101.
MOTION: To hold a public hearing regarding the installation
of traffic signals at Rock Hill Road and Stewart Drive
at Tiburon Boulevard
Moved: Shaw, Seconded Mayberry
Councilmember Wilson thought more staff analyses was needed and a
study of the affect of signals at Lyford Drive and San Rafael
Avenues should be undertaken before the Council considers
installation of additional signals.
Vote: AYES: Mayberry, Coxhead, Shaw, Duke
ABSTAIN: Wilson
13. COMMUNITY FACILITIES DISTRICT (Levying a Special Tax for the
Property Year 1986-87 - Ordinance, 1st Reading)
The Finance Director reviewed the Staff report.
The Mayor opened the public hearing.
Nat Marans asked if this tax would affect the community if Point
Tiburon was not completed. The Town Manager explained The
Innisfree Companies was responsible for the tax until the condos
were sold.
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 LEVYING A SPECIAL TAX FOR THE PROPERTY TAX YEAR 1986-87
MOTION:
Moved:
To pass first reading of the aforementioned ordinance
Wilson, Seconded by Cox head
Vice-Mayor Coxhead requested the current condominium owners of
Point Tiburon be advised of the hearings in addition to The
Innisfree Companies.
Vote: AYES:
NOES:
ABSENT:
Mayberry, Wilson, Coxhead, Shaw, Duke
None
None
TOWN COUNCIL MINUTES #738
July 2, 1986
Page 6
8. 1986-87 TOWN BUDGET (Adopt Final BUdget - Resolution)
The Town Manager noted the Chief of Police had addressed a memo
to the Council in support of his request for two additional Sworn
officers, one additional clerk/dispatcher and the retention of
four cadets. The Town Manager recommended the addition of two
Sworn police officers and the retention of four cadets for
parking enforcement. He did not recommend hiring an additional
clerk/dispatcher.
Discussion ensued regarding whether to hire both police officers
now or one now and another in six months. The Chief of Police
explained the recruitment and training process.
MOTION:
Moved:
Vote:
To hire two additional sworn officers immediately and
retain four cadets and two clerk/dispatchers and one
secretary/dispatcher
Duke, Seconded by Mayberry
AYES: Unanimous
Vice-Mayor Coxhead stated he thought the Belveron street repairs
should be handled by an Assessment District.
MOTION:
Moved:
Vote:
To delete Avenida Miraflores and Rowley Circle capital
improvements and add Belveron Street repairs
Duke, Seconded by Mayberry
AYES: Mayberry, Wilson, Shaw, Duke
NOES: Coxhead
The Superintendent of Public Works noted that additional
consideration will have to be given to possible curb and gutter
work on Main Street.
MOTION: To adopt Resolution Adopting the Municipal Budget for
Fiscal Year 1986-87
Moved: Duke, Seconded by Mayberry
Vote: AYES: Unanimous
14. TOWN BALL CLOSURE AT NOON TIME (Consider Staff Recommendation
to Close Town Hall From 12 Noon to 1:00 P.M., Monday through
Friday)
The Town Manager reviewed the Staff report.
MOTION: To close Town Hall offices between 12 Noon and 1 P.M.
beginning July 15 on a six month trial basis.
Moved: Duke, Seconded by Shaw
Vote: AYES: Unanimous
TOWN COUNCIL MINUTES #738
July 2, 1986
Page 7
15. PROPERTY OWNER ASSOCIATIONS (Consider Notification
Procedures)
Discussion ensued regarding notification of property owner
associations; publishing the agenda in the local newspapers;
posting agendas; mailing agendas.
Council agreed to discontinue printing the agenda in the
Independent Journal; pay to print Tentative Town Council Agenda
in the Ark two weeks prior to meeting; record agenda on Town Hall
tape machine; send agenda to property owner associations when an
item pertains to their area; send agendas to anyone who supplies
a stamped, self-addressed envelope.
16. TIBURON'S LIABILITY INSURANCE PROGRAM (Consider the Town's
Liability Insurance Options)
This item was continued to the next meeting.
H. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS
a. Belvedere/Tiburon Joint Recreation Committee's 1986-87 Budget
b. Ltr. from CAL/TRANS to Town Manager Regarding Tiburon
Boulevard Overlay Project
I. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Duke adjourned the meeting at 11:35 P.M., sine
die. "''''..;.."..:f...//,,7 t
.-' .//' //
C~__~~,p~">_~~L~_
LAWRENCE J. DUKE, MAYOR
Town of Tiburon
ATTEST:
R.~ LERK
TOWN COUNCIL MINUTES #738
July 2, 1986
Page 8