HomeMy WebLinkAboutTC Min 1988 (August thru December)
TOWN COUNCIL
MINUTES
CLOSED SESSION
Mayor Duke called the Closed Session of the Town Council of
the Town of Tiburon to order at 6:05 P.M. to discuss
litigation.
CALL TO ORDER
Mayor Duke called the regular meeting of the Town Council of
the Town of Tiburon to order at 7:40 P.M., Wednesday,
December 21, 1988 in Room 5, Del Mar School, Tiburon,
California.
A. ROLL CALL
PRESENT:
COUNCILMEMBERS:
Coxhead, Logan, Shaw,
Mayberry, Duke
ABSENT:
COUNCILMEMBERS:
None
EX OFFICIO:
Town Manager Kleinert,
Police Chief Herley, Town
Engineer Bala, Supt. of
Public Works. Brunini,
Planning Director Lohman,
Assistant Town Clerk
Hennessy
B. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITrEES
MOTION: To appoint Diana Bennett to Board of Adjustments &
Review
Moved: Duke, Seconded by Shaw
Vote: AYES: Unanimous
MOTION: To appoint Harvey Morrison to Parks & Open Space
Commission
Moved: Logan, Seconded by Coxhead
Vote: AYES: Unanimous
C. PUBLIC QUESTIONS AND COMMENTS
Councilmember Logan asked the Town Manager for a status
report on enforcement procedures for the multi-use path
ordinance, and a status report on the Town's goals set last
May.
TOWN COUNCIL MINUTES #819
12-21-88
Page 1
D. RECOGNITION OF TOWN OFFICIALS, STAFF & PROFESSIONAL
STAFF
The Town Manager commended the Town employees, officials,
volunteers and consultants who had performed in an
outstanding manner and demonstrated true dedication to their
jobs during a very busy year.
The Council directed the Mayor to write a letter of
commendation to the Town Engineer, Town Attorney, members of
the Planning commission, Board of Adjustments & Review,
Planning & Building Department and the Finance &
Administration Department.
E. CONSENT CALENDAR
Item 1, Approval of Minutes, was removed from the Consent
Calendar.
MOTION: To approve the Consent Calendar consisting of the
following items:
2. CAPITAL EQUIPMENT ACQUISITION (Authorization to
Purchase FAX Machine for Town Hall)
3. ESTABLISH PARKING LIMITS AT DONAHUE BUILDING
(Resolution)
4. TRAFFIC SAFETY COMMITTEE REPORT (December)
5. INVESTMENT SUMMARY REPORT (December)
Moved: Mayberry, Seconded by Logan
Vote: AYES: Unanimous
MOTION: To approve Minutes #816, November 16, 1988,
#817, November 16, 1988 as amended, and #818,
December 7, 1988
Moved: Mayberry, Seconded by Coxhead
Vote: AYES: Unanimous
ABSTAIN: Shaw on #818
Logan on #816 and #817
STAFF ANNOUNCED ITEM 8 WOULD BE CONTINUED
F. PUBLIC HEARINGS
6. APPEAL BOARD OF ADJUSTMENTS & REVIEW DECISION (New
Residence, Applicant Roger Gordon, 152 Hacienda Dr;
Appellants: Chinais, Siewerts, Keelings & Lawsons)
The Mayor read a letter from Marylyn siewert requesting the
matter be continued due to the holidays, and because the
appellants thought the matter was continued to January.
TOWN COUNCIL MINUTES #819
12-21-88
Page 2
Charles Weesner, architect, stated Mr. Gordon delivered the
deed restriction to Mr. Lawson, who was satisfied with the
improved turnaround radius. Mr. Gordon objected to a
continuance.
MOTION: To continue this item to January 4.
Moved: Duke, Seconded by Mayberry
Councilmember Coxhead objected to the continuance.
Vote:
AYES:
NOES:
Logan, Mayberry, Shaw, Duke
Coxhead
7. PRECISE PLAN AMENDMENT (Agins Property; Owner Real
ESTECH, Inc. - End of Gilmartin Drive - Resolution)
This item continued to the next meeting at request of
applicant.
G. UNFINISHED BUSINESS
8. BUILDING CODE FEE SCHEDULE AMENDMENT (Resolution)
This item continued at Staff's request.
9. RED & WHITE FERRY SERVICE (Consider Committee Findings
and Recommendations to Possibly Assist Ferry Service)
The Town Manager reviewed the Staff report.
councilmember Logan stated he had met with Doug Jocelyn of
Belvedere and a Tiburon accountant, who preferred to remain
anonymous, and they discussed the possibility of subsidizing
the Red & White Fleet's Tiburon-San Francisco commuter
service and then applying for federal mass transit funds.
Red & White would have to prepare the report to be reviewed
by the federal government for the federal subsidy.
Councilmember Logan asked the Council for their indication
whether they would be willing to join with the City of
Belvedere and put up a sum of approximately $10,000 to enter
into an agreement with Red & White.
The Town Manager recommended the Council support the
proposal and allocate monies not to exceed $10,000; noted if
a subsidy from the federal government could be obtained, it
would be very helpful to the Town; to riders in the
community and would assist in keeping cars off the road.
Councilmember Logan noted there were no guarantees this
federal program would continue, or whether the Town would
qualify for it, however, if successful, the Town would have
control over a large sum of money to subsidize the ferry
service and keep the current level of service, including the
use of the Catamarin.
TOWN COUNCIL MINUTES #819
12-21-88
Page 3
Discussion ensued regarding allocation of costs, and it was
determined that the pro-rata share of costs should be based
on ferry ridership and not population of Belvedere or
Tiburon.
Councilmember Shaw suggested the Council consider other
ferry services. It was the consensus of the Council that
there wasn't sufficient time to analyze other ferry services
and none had expressed any interest in the commute service.
MOTION: That the Town allocate up to $10,000 to enable the
Town to enter into an agreement with Red & White
Fleet for the calendar year 1988 so that Red &
White can apply for funds through the federal
program Urban Mass Transit Act (UMTA), and whatever
the ultimate figures the committee negotiates with
Red & White, it be allocated between the Town of
Tiburon and City of Belvedere based on ferry
ridership; that the Town Council appoint
Councilmember Logan as their representative, along
with a member of the City of Belvedere's City
Council, to negotiate an agreement with a
representative from Red & White Fleet and to bring
this agreement back to the Council as soon as
possible during the year 1989.
Moved: Logan, Seconded by Mayberry
Vote: AYES: Coxhead, Logan, Mayberry, Duke
NOES: Shaw
H. NEW BUSINESS
10. ACCEPT DONATION OF BUILDING (Approve Relocation of
Residential Building from Belvedere to Current Town Hall
Property)
The Town Manager reviewed the Staff report. A resident of
Tiburon was remodeling a home in Belvedere and offered to
donate it to the Town; Town Staff and the Council's Lands &
Development Committee reviewed the site location and
preparation and recommended acceptance of the building and
have it moved to the area adjacent to Town Hall between the
Thrift Shop and Child Care Center; the School District would
have to grant permission for this location as the School
District has the playground easement over that portion of
the Town's property. Since this Staff report was written,
the City of Belvedere has expressed an interest in the
building.
Mayor Duke explained the owner of the building is an
associate of his who lives in Tiburon and owns the house in
Belvedere; his contractor had suggested he donate the
building rather than demolish it in order to build his new
home since 95% of the existing house would be destroyed for
TOWN COUNCIL MINUTES #819
12-21-88
Page 4
the proposed remodeling. Mayor Duke stated he suggested
that the house be donated to the Town which could use it for
office space now, and eventually for low income housing.
Since the City of Belvedere is now interested in the house,
Mayor Duke left the decision up to his associate.
MOTION: If events transpire so that the house is offered to
the Town of Tiburon, the Town accepts it.
Moved: Duke, Seconded by Mayberry
Vote: AYES: Unanimous
The Town Manager stated this area had been approved by the
school district for a skateboard park and he proposed an
alternate site to Bob Minton who represented the skateboard
proponents. Mr. Minton agreed with the alternate site
behind Town Hall adjacent to the community garden and agreed
to submit a conceptual plan to the Council the second
meeting in January.
11. MILL VALLEY REFUSE SERVICE RATE ANALYSIS & STUDY
(Approve Tiburon's Participation in Conjunction with
Other So. Marin Cities)
The Town Manager reviewed the Staff report which proposed
the Town enter into an agreement with Mill Valley,
Belvedere, and Corte Madera to hire Touche Ross to complete
a rate analysis, develop a methodology and review the four
franchise agreements between the cities and Mill Valley
Refuse Service; Tiburon's pro-rata share would be $3,450.
The Superintendent of Public Works requested that the study
include an analysis of the rate increases associated with
debris boxes. The Town Manager agreed.
MOTION: To approve the recommendation of the Staff Report
to participate in the rate analysis on the pro-rata
share of $3,450.
Moved: Shaw, Seconded by Mayberry
Vote: AYES: Unanimous
I. COUNCIL, COMMISSION OR COMMITTEE REPORTS
TRANSPORTATION EXPENDITURE COMMITTEE (Sales Tax
Recommendations - Local Set Aside Restrictions -
Councilmember Mayberry)
Item continued till information is received.
J. COMMUNICATIONS
There were none.
TOWN COUNCIL MINUTES #819
12-21-88
Page 5
K. STAFF AND TOWN MANAGER REPORTS
PEACE OFFICER STANDARDS & TRAINING - POST (Chief of Police's
Summary of Recent POST Study)
Council accepted information.
REED RANCH ROAD/TIBURON BOULEVARD TRAFFIC SIGNALIZATION
STATUS
No action taken.
GEOLOGICAL HAZARD ABATEMENT DISTRICT
The Town Manager read and presented a petition to the
Council which requested the Council appoint a temporary
committee of citizens to investigate the need for, the costs
of, and the steps necessary for the creation of a Geological
Hazard Abatement District.
Andy Allen responded to questions from the Council regarding
the proposal and suggested that he, Joan Dracott of Vistazo
West and Tom Moffitt of Lagoon View Drive be appointed to
this committee.
The Mayor ruled no decision could be made since this item
was not agendized, and asked Staff to consult with the Town
Attorney regarding the legal status of such a committee and
what liability the Town and the committee might incur.
L. ADJOURNMENT
There being no further business before the Town Council of
the Town of Tiburon, Mayor Duke adjourned the meeting at
10 P.M. sine die.
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ATTEST:
R. &~ERT' TOWN MANAGER/CLERK
TOWN COUNCIL MINUTES #819
12-21-88
Page 6
TOWN COUNCIL
MINUTES
CLOSED SESSION
Mayor Duke called the Closed Session of the Town Council of
the Town of Tiburon to order at 6:00 P.M. at Guaymas
Restaurant to discuss litigation.
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 16, 1988 in Room 5, Del Mar School, Tiburon,
California.
A. ROLL CALL
PRESENT:
COUNCILMEMBERS:
Coxhead, Shaw, Mayberry, Duke
ABSENT:
COUNCILMEMBERS:
Logan
EX OFFICIO:
Town Manager Kleinert,
Deputy Town Engineer
Strandgaard, Supt. of Public
Works Brunini, Planning
Director Lohman, Assistant
Town Clerk Hennessy
B. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES
There were none.
C. PUBLIC QUESTIONS AND COMMENTS
Don Batten announced he had been appointed Vice-President of
the Marin/Sonoma Mosquito Abatement District.
In response to Louise Teather, the Mayor stated the Council
had not yet appointed a Chairman for the Town's 25th
Anniversary Celebration in June 1989.
D. CONSENT CALENDAR
Item 2 was removed.
MOTION: To approve the Consent Calendar consisting of the
following items:
1. APPROVAL OF MINUTES #814, October 25, 1988
3. DONAHUE BUILDING (Application by Heritage & Arts
Commission to Secure Grant for Rehabilitation of the
Donahue Building - Resolution)
TOWN COUNCIL MINUTES #817
11-16-88
Page 1
4. ACCEPTANCE OF DEDICATION (Intersection of Round Hill
Road & Lyford Drive - Resolution)
Moved:
Vote:
Coxhead, Seconded by Mayberry
AYES: Unanimous
ABSENT: Logan
2. NOTICE OF COMPLETION (Mercury Avenue - Resolution)
In response to Councilmember Mayberry, the Superintendent of
Public Works explained the boundaries of the project, and
the next phase of improvements for Belveron. The Town
Manager stated he is researching the possibility of forming
an assessment district for street repairs for this area.
Moved:
Vote:
To adopt Resolution Accepting Completion of Mercury
Avenue Project
Mayberry, Seconded by Coxhead
AYES: Unanimous
ABSENT: Logan
MOTION:
E. PUBLIC HEARINGS
5. TOWN HALL/COMMUNITY CENTER SITE SELECTION (Continued
Discussion of site Selection, Design Competition and
Financing of a New Town Hall/Community Center)
Jim Wilson, Chairman, Town Hall/Community Center Site
Selection Committee, used maps to explain the three sites
considered; stated soils surveys conducted when the Moana
Building was built and the Marsh land transferred from the
Tiburon Peninsula Club to the Town indicated bedrock was
40-60' below the surface; presumably the same situation
exists at Blackie's Pasture; the current Town Hall site
would have bedrock close to the surface; all sites could
accommodate a three story building; once pile driving
begins, the additional footage does not greatly increase
cost; Committee didn't consider Judge Field because it is
privately owned.
The Town Manager stated there are no restrictions on the
area of Blackie's Pasture which is being proposed by Stewart
Hopkins for a new Town Hall.
Stewart Hopkins stated the Draft General Plan proposes
annexing land within the Town's Sphere of Influence;
Blackie's Pasture would be centrally located; easy access
for Police and Fire Departments; an accident blocking
Tiburon Blvd. paralyzes the Police Department; traffic
congestion at Mar West is already a problem; showed pictures
taken at night to indicate few homes would be impacted at
Blackie's Pasture but many homes would be impacted at Mar
West.
TOWN COUNCIL MINUTES #817
11-16-88
Page 2
Mr. Reynolds suggested the Council find out how Judge Field
which was dedicated to the Southern Marin Recreation
District became privately owned by the Tiburon Peninsula
Club.
Don Batten, canvassed Belveron Homeowners Association
members, and they were opposed to the Town Hall being
located in Blackie's Pasture; didn't think it was centrally
located.
Former Mayor Smith recounted his past experience and
difficulty on the Parks & Recreation Commission and Town
Council in determining usage for Blackie's Pasture and
developing a Precise Plan which presently calls for passive
recreation and 1 150 car parking lot.
Nat Marans read a letter previously submitted to the Town
Council on October 25, 1988 which supported building the
Town Hall on the current site.
Becky Clelland, LCOTPOA, President, urged the Council to
educate the public and place the issue on a ballot.
Marty Mikel, Harbor Oak Drive Condominiums, stated her main
concern is traffic congestion; there is currently a problem
egressing Mar West; would be difficult for the Police to get
out of that intersection; area is an amphitheater for noise.
Jim Malott objected to use of Blackie's Pasture and
indicated there would be a coalition of local homeowner
associations who would file a lawsuit if the Council chooses
Blackie's Pasture.
There was general discussion regarding an Environmental
Impact Report which will study the two alternative sites as
part of its evaluation.
The Mayor stated he thought it was the consensus of the
Council that the Committee be given direction that the
Council approves in concept the location of the Town Hall
site at Mar West and to draw up a plan to be submitted for
EIR review.
MOTION: To approve in concept the Mar West site for a new
Town Hall and direct Staff to move forward on all
plans to be prepared; work with the New Town Hall
Committee and return to Council with a program.
Moved: Coxhead, Seconded by Duke
There was discussion regarding consideration of alternative
sites in the EIR and it was decided at least two other sites
should be considered.
TOWN COUNCIL MINUTES #817
11-16-88
Page 3
Vote: AYES:
NOES:
ABSENT:
Coxhead, Mayberry, Duke
Shaw
Logan
6 . APPEAL BOARD OF ADJUSTMENTS & REVIEW DECISION (New
Residence - 8 Indian Rock Court)
The Mayor reviewed the history of the application and appeal
and stated Councilmembers Mayberry and Shaw worked with the
Belveron Homeowners Association and the applicant and
appellant in an effort to move the building envelopes in
order to satisfy all parties concerned.
Councilmember Mayberry stated they had met several times but
were unable to reach an agreement.
Steeger Johnson, representing Mr. Wallace, 10 Indian Rock
Court, appellant, thanked the Belveron Association for their
efforts to work out a compromise to the problem; it wasn't
possible to move the house far enough so that it wouldn't
impact on the view easement.
Mr. Egan, TRI Development Company, builders of 8 Indian Rock
Court, thanked the members of the Council for their time and
effort; asked Council to decided whether the design criteria
established at the time of the subdivision was valid.
The Mayor opened the public hearing.
Don Batten, President Belveron Homeowners Association,
thanked everyone for their efforts and expressed regret that
they were unable to resolve the problem.
Steeger Johnson suggested Mr. Wallace's architect be given
an opportunity to design a house on TRI Development
Company's lot at Mr. Wallace's expense if Perini accepted
it.
Mr. Egan stated it was important to remember that Perini is
not the applicant; TRI Development Company has spent five
months trying to reach a solution; stated Mr. Wallace's view
is directed toward Ring Mountain and Trestle Glen Valley;
Mr. Wallace's architect's letter doesn't state he can
restore 50% of the view. Mr. Egan proposed that the deck is
an outdoor living area but not an integral part of the
house; the design criteria was not to preserve the Bay view;
the house doesn't have that view orientation; unfair to
assume TRI Development Company should assume added costs and
time delay on this project; it was their reasonable right to
assume the design criteria set up for the subdivision are
valid.
TOWN COUNCIL MINUTES #817
11-16-88
Page 4
Tom Kreibel, Perini Project Manager, stated they have
submitted a letter to the Council addressing their position;
the CC&Rs is the overriding document; any reasonable person
who looked at these documents and stood on the property had
to know that they would be impacted by a house next door;
windows of Mr. Wallace's house are tall and narrow; don't
feel the problem is a misrepresentation.
MOTION: To deny appeal and uphold decision of the BAR
Moved: Coxhead, Seconded by Shaw
Councilmember Mayberry stated she would prefer Mr. Wallace's
architect be given the opportunity to develop a design that
would answer problems and still get an adequate house on
that lot or even go into the easement by 15 to 20'; would
vote against the motion.
Vote:
AYES:
NOES:
ABSENT:
Coxhead, Shaw, Duke
Mayberry
Logan
7. MASTER PLAN AMENDMENT (Agins Property - End of Gilmartin
Drive, Ordinance 2nd Reading, Resolutions)
The Assistant Planner reviewed the Staff report.
Ken Cohen, representing the Agins, reviewed the Resolution
and two amendments, and clarified building height as
outlined in paragraph 12.
The Mayor opened the public hearing. There being no
comments, the Mayor closed the public hearing.
Councilmember Mayberry stated she thought the Council had
made a mistake by proceeding at all; the application is the
same as the original Master Plan application which was
reduced from four to three lots based on the EIR done at the
time; the Town is leaving a provision in that would allow
for further subdivision of the lots; objected to having four
lots accessed by a private driveway; couldn't support it
now.
In response to Mayor Duke, Councilmember Mayberry stated her
vote against the Ordinance was not consistent with her
previous position.
MOTION:
Moved:
Vote:
Move by title only.
Shaw, Seconded by Coxhead
AYES: Unanimous
ABSENT: Logan
TOWN COUNCIL MINUTES #817
11-16-88
Page 5
The Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON APPROVING APPLICATION FOR AMENDMENT TO THE AGINS
MASTER PLAN.
MOTION:
Moved:
Vote:
MOTION:
Moved:
Vote:
To adopt the aforementioned Ordinance.
Shaw, Seconded by Coxhead
AYES: Coxhead, Shaw, Duke
NOES: Mayberry
ABSENT: Logan
To adopt revised Resolution Approving the Agins
Vesting Tentative Map and Precise Plan, Amendment
to Agins Master Plan and Amendment to Agins Precise
Plan
Shaw, Seconded by Coxhead
AYES: Coxhead, Shaw, Duke
NOES: Mayberry
ABSENT: Logan
8. INCLUSIONARY HOUSING ORDINANCE (Establish Regulations to
Provide Low/Moderate Income Housing - Ordinance, 2nd
Reading)
The Town Manager reviewed the Staff report.
The Mayor opened the public hearing. There being no
comments, the Mayor closed the public hearing.
MOTION:
Moved:
Vote:
Read by title only.
Mayberry, Seconded by Coxhead
AYES: Coxhead, Mayberry, Duke
NOES: Shaw
ABSENT: Logan
The Mayor read AN ORDINANCE OF THE TOWN OF TIBURON AMENDING
ORDINANCE NO.9 N.S., THE ZONING ORDINANCE, TO REQUIRE
PROVISION FOR LOW AND MODERATE INCOME HOUSING IN NEW
RESIDENTIAL DEVELOPMENTS OF TEN UNITS OR MORE.
MOTION:
Moved:
Vote .:
To adopt the aforementioned Ordinance.
Mayberry, Seconded by Coxhead
AYES: Coxhead, Mayberry, Duke
NOES: Shaw
ABSENT: Logan
9. SECONDHAND SMOKE ORDINANCE (Consider County Grand Jury
Draft Ordinance Prohibiting Smoking in Publicly Owned
Buildings and Other Public Areas - Ordinance, 1st
Reading)
The Town Manager reviewed the Staff report.
TOWN COUNCIL MINUTES #817
11-16-88
Page 6
In response to the Mayor, Randy Greenberg, member of the
Marin County Grand Jury who proposed the Ordinance, stated
the Cities of Mill Valley, Corte Madera, San Anselmo and San
Rafael, as well as the County, have smoking Ordinances but
not the one proposed; the draft Ordinance was lifted from
other existing Ordinances.
In response to the Mayor, Ms. Greenberg stated the condition
on page 4, Item (b.l.), "In any dispute arising under this
smoking policy, the rights of the nonsmoker shall be given
preference" was a necessary part of the Ordinance in her
opinion, but not necessary legally.
The Mayor opened the public hearing.
Shirley Tartak and Barbara Meislen, residents of Tiburon,
supported the Ordinance.
Georgiana Stout, President Chamber of Commerce, stated there
had not been sufficient time to distribute the draft
Ordinance to the business community; the businesses are
willing to listen to the needs and wants of their clients;
didn't think there was a need for this Ordinance in Tiburon;
recommended further study be given to the specific unique
qualities of the Tiburon community and what is being done
currently for problems of secondhand smoke.
Linda Warren, American Cancer Society, referred to
statistics and stated 3,000 to 5,000 cases of cancer are a
result of secondhand smoke; urged Council to adopt the
Ordinance.
Marcia Fisch, Greenbrae resident, enjoys visiting Tiburon,
urged Council's adoption of the Ordinance.
Sharon Baker, Ross, presented Council with a list of
hundreds of cities that have adopted a non-smoking
Ordinance.
Council agreed to postpone first reading of the Ordinance
until the December 7 meeting; the Chamber of Commerce would
assist the Town in providing labels and the Town would send
a copy,of the draft Ordinance and a meeting notice to the
business community asking for their input and
recommendations regarding the proposed Ordinance.
Mayor Duke stated in general he was supportive of the
Ordinance; thought it might be expanded to make it no
smoking in restaurants and asked for a response from the
business community; also asked for more information that
secondhand smoke contributes to cancer; also suggested that
the Ordinance be limited to enclosed areas; didn't think the
Town should regulate outdoor areas.
TOWN COUNCIL MINUTES #817
11-16-88
Page 7
Item continued to the next meeting.
Duke, Seconded by Mayberry
AYES: Unanimous
ABSENT: Logan
10. SOMMER SUBDIVISION (Consider Application for Three Lot
Subdivision - Resolution)
MOTION:
Moved:
Vote:
The Assistant Planner reviewed the Staff report and stated
it was the Town Attorney's opinion that the Town cannot
process this application under the provisions of the Office
of Planning & Research's General Plan extension.
Helmut Sommer, applicant, agreed with the Staff
recommendation and the provision that he can reapply.
The Mayor opened the public hearing. There being no
comments, the Mayor closed the public hearing.
MOTION:
Moved:
Vote:
To Adopt Resolution Denying Without Prejudice a
Tentative Map Submitted by Helmut and Heidi Sommer
Proposing the Creation of Three Parcels on
Hillcrest Road
Mayberry, Seconded by Coxhead
AYES: Unanimous
ABSENT: Logan
F. UNFINISHED BUSINESS
There was none.
G. NEW BUSINESS
11. RICHARDSON BAY LINEAL PARK (Recommendations for
Beautification from San Rafael Avenue to Rock Hill Drive
- Parks & Open Space Commission)
Mogens Bach, Chairman of Parks & Open Space Commission,
reviewed the Commission's recommendations to beautify the
Richardson Bay Lineal Park along Tiburon Blvd. between San
Rafael Avenue and Rock Hill Drive. The proposed basic
budget for this project is $63,500; other things might be
added to the project such as creating more curvature to the
area and lights; a professional consultant would be hired;
sources of income could be the Dubilier Bequest, the Hobbs
Acquisition Committee, grant funds and private donations.
Randy Greenberg stated the deadline for the California
Wildlife, Coastal and Park Land Conservation Act grant funds
was December 1st.
TOWN COUNCIL MINUTES #817
11-16-88
Page 8
Councilmember Coxhead asked Staff to make sure the Sanitary
District or CAL/TRANS didn't have plans to tear up the area;
research availability of water and make sure the irrigation
system cannot be vandalized.
MOTION: To adopt Resolution Approving the Application for
Grant Funds for the Per Capita Grant Program under
the California Wildlife, Coastal and Park Land
Conservation Act of 1988 for Development and
Upgrade of parklands in the Richardson Bay Lineal
Park
Moved: Shaw, Seconded by Mayberry
Vote: AYES: Unanimous
ABSENT: Logan
12. BLACKIE' S PASTURE BUS STOP RELOCATION (CAL/TRANS Request
to Relocate Existing Bus Stop Closer to Trestle Glen)
Due to the late hour, this item was continued to the next
meeting.
H. COUNCIL, COMMISSION OR COMMITTEE REPORTS
13. HOUSING COMMITTEE - (Request Continuance of Housing
Consultant to Complete Analysis & Comments of DEIR and
Draft General Plan)
MOTION: To approve extending the Housing Consultant's
Agreement for four (4) additional hours.
Moved: Mayberry, Seconded by Duke
Vote: AYES: Coxhead, Mayberry, Duke
NOES: Shaw
ABSENT: Logan
14. COMMISSION & BAR MEETING PROCEDURES (Discuss Policy
Regarding Quorum Requirements Relating to Majority Vote
Approvals)
Due to the late hour, this item was continued to the next
meeting.
I. COMMUNICATIONS
Ltr. from R. Roumiguiere to Mayor Duke dt'd. 10-31-88
(Request for Mayor's Proclamation for "Scouting for Food -
Good Turn Week")
J . STAFF AND TOWN MANAGER REPORTS
Tiburon-San Francisco Ferry Service (Consider Opposing Red &
White Proposed Change in Ferry Service Schedule)
TOWN COUNCIL MINUTES #817
11-16-88
Page 9
MOTION: To send letter opposing proposed changes of ferry
service to the PUC after it has been reviewed by
Councilmember Logan.
Moved: Mayberry, Seconded by Duke
Vote: AYES: Unanimous
ABSENT: Logan
K. ADJOURNMENT
There being no further business before the Town Council of
the Town of Tiburon, Mayor Duke adjourned the meeting at
11:25 P.M. sine die.
--,/
ATTEST:
R. GER/ CLERK
TOWN COUNCIL MINUTES #817
11-16-88
Page 10
TOWN COUNCIL & PLANNING COMMISSION
MINUTES
CALL TO ORDER
The Joint meeting of the Town Council and Planning
Commission of the Town of Tiburon was called to order at
3:12 P.M., Wednesday, November 16, 1988 in Room 5, Del Mar
School, Tiburon, California.
ROLL CALL
PRESENT: TOWN COUNCILMEMBERS:
Coxhead, Shaw, Mayberry,
Duke
ABSENT: TOWN COUNCILMEMBERS:
Logan
EX OFFICIO:
Town Manager Kleinert,
Town Attorney Ragghianti,
Deputy Town Attorney
Blakely, Attorney
Goldfien, Planning
Assistant Anderson
PRESENT: PLANNING COMMISSIONERS: Bassett, Brunini,
Callister, Nygren,
Siewert, Thayer, Friedman
ABSENT: PLANNING COMMISSIONERS: None
BUSINESS ITEM
The Town Attorney reviewed the recent changes in the State's
Fair Political Practices Commission's Conflict of Interest
rules and regulations. The Town Attorney primarily focused
on the new regulations; their application and impacts upon
the Town's decision making process; defined the intent of
the 300' and 2500' radius requirements and provided examples
and illustrations of each.
The Councilmembers and Planning Commissioners then concluded
the session with questions and answers.
CLOSED SESSION
Mayor Duke called the Joint Closed Session of the Town
Council and Planning Commission of the Town of Tiburon to
order at 4:05 P.M. to discuss litigation.
TOWN COUNCIL/PLANNING COMMISSION - MINUTES #816
11-16-88
ADJOURNMENT
The Joint Town Council & Planning Commission meeting was
adjourned at 5:25 P.M. The Town Council adjourned to Closed
Session at 6:00 P.M. The Planning Commission adjourned to
their next meeting scheduled for November 22, 1988.
~/ i~
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. .",:-~~. .~_ i .
'-j~LAWREN~ ~". DUKE, MAYOR
Town oYTiburon
ATTEST:
R. L. KLEI ERT, TOWN MANAGER/CLERK
TOWN COUNCIL/PLANNING COMMISSION - MINUTES #816
11-16-88
TOWN COUNCIL
MINUTES
CLOSED SESSION
Mayor Duke called the Closed Session of the Town Council of
the Town of Tiburon to order at 6:35 P.M. to discuss
litigation.
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 7, 1988 in Room 5, Del Mar School, Tiburon,
California.
A. ROLL CALL
PRESENT:
COUNCILMEMBERS:
Coxhead, Logan, Mayberry,
Duke
ABSENT:
COUNCILMEMBERS:
Shaw
EX OFFICIO:
Town Manager Kleinert,
police Chief Herley,
Town Engineer Bala,
Supt. of Public Works
Brunini, Planning Director
Lohman, Assistant Town Clerk
Hennessy
B. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITrEES
MOTION: To reappoint Karen Nygren and Marylyn Siewert
to four year terms on the Planning Commission.
Moved: Duke, Seconded by Coxhead
Vote: AYES: Unanimous
ABSENT: Shaw
C. PUBLIC QUESTIONS AND COMMENTS
There were none.
D. CONSENT CALENDAR
Item 4. LA CRESTA UNIT II - RESUBDIVISION - FINAL MAP, LOTS
22-26 (Resolution) was removed.
TOWN COUNCIL MINUTES #818
12-7-88
Page 1
MOTION: To approve the Consent Calendar consisting of the
following items:
1. APPROVAL OF MINUTES #815, November 2, 1988
2. GILMARTIN DRIVE ASSESSMENT DISTRICT (Modifying
Assessment 33)
3. POSITION RECLASSIFICATION & EMPLOYEE SALARY ADJUSTMENTS
(Building Official & Assistant Planner)
Moved:
Vote:
Coxhead, Seconded by Mayberry
AYES: Unanimous
ABSENT: Shaw
ABSTAIN: Logan (Minutes only)
E. PUBLIC HEARINGS
5. SECONDHAND SMOKE ORDINANCE (Prohibiting Smoking in
Publicly Owned Buildings and Other Public Areas -
Ordinance, 1st Reading)
The Town Manager reviewed the Staff report and letters
received to-date; one letter suggested the Town support a
countywide ordinance after its adoption.
Herman Arrow, American Heart Association, submitted a letter
from nine of the thirteen cardiologists who practice in
Marin in support of the ordinance; submitted a report from
the New England Journal of Medicine discussing health
effects of involuntary smoking; letter from the Heart
Association with respect to secondhand smoke; stated that he
has checked Tiburon restaurants and some have set aside a no
smoking section, some haven't; believed an ordinance was
necessary.
Dale Litsky, Executive Director American Cancer Society,
stated 75% of Californians are non-smokers; quoted
statistics of other regulations; noted Santa Rosa has just
adopted a smoking ordinance.
Chris Harter, Christopher's Restaurant, agreed there should
be areas for non-smokers, but in five years his restaurant
didn't have a problem; he hadn't designated a non-smoking
area because all his customers wanted to sit near the
windows. Read a letter from Klaus Meinberger, Sweden
Bakery, objecting to the ordinance because 60% of his
customers smoked and this ordinance would reduce his smoking
capacity to six seats.
Shirley Tartak, Tiburon resident, stated if the restaurants
built a clientele of local non-smoking people they would
prosper.
TOWN COUNCIL MINUTES #818
12-7-88
Page 2
David Puglisi, owner of Tom & Dave's, stated his room was 12
X 22; had never had a problem; this ordinance would only
allow six seats for smokers; thought it was a good idea if
the area could be broken up into two sides to accommodate
everyone; in his place, he would have to go for non-smoking
and it would cause a hardship; would be out of business
relatively soon; thought the decision should be left up to
the owners of the restaurants.
John Rooney, Rooney's Cafe, agreed with the other owners;
seated 40 people, 80% of his business is local and 40% of
his customers smoke; asked Council to consider San
Francisco's ordinance which allows the management to
allocate the space to meet the demands of the smokers and
non-smokers; needs customers to earn a living.
J. B. McGuire, employee of Arby's, and Tiburon resident,
supported the ordinance and stated in their chain, they set
up small restaurants as non-smoking and their sales have
increased 25%.
M. Joan Newton, Tiburon resident, eats out a great deal and
thought non-smoking restaurants would increase business.
Jon Rankin, Tiburon attorney, stated the proposed ordinance
was an unreasonable intrusion; mature people respect each
other's rights and didn't see a reason to ban smoking in his
office; didn't think the Town needed a meat axe approach
with a rigid schedule set down; thought it was an
unreasonable burden for the Council to pass this ordinance.
Brian Wilson, Sam's Anchor Cafe, stated they didn't have a
problem with the no-smoking ordinance; did have problem with
the ratio; thought it should be 50%-50%; he already had a
25% no-smoking area in the main dining room; believed his
business would go down if the no-smoking area was larger.
Randy Greenberg, resident, member of the Marin County Grand
Jury, noted the concerns of the business community are
important and should be considered; noted they are
economical concerns; asked Council to consider health
issues~ asked the Council to also consider adding another
section which was not part of the draft ordinance, but
contained on page 8 of the Grand Jury Report which deals
with senior citizen residences.
Councilmember Coxhead suggested the following changes:
Section 28-3, paragraph A, delete "attorneys' offices and
other offices"; paragraph B, recommend the number 20 be
changed to 25; and 25% be changed to 50%; Section 28-4,
paragraph B(a) delete "conference and"; paragraph d. delete
75% and insert 60%; Section 28-5, paragraph C. add "lobbies
and dining rooms"; Section 28-6, second paragraph which
refers to posting of sign, delete "at" and insert "near".
TOWN COUNCIL MINUTES #818
12-7-88
Page 3
Councilmember Coxhead stated the Town wants to be supportive
of the business community and didn't think the regulations
should be dramatically different than from other Towns.
Councilmember Mayberry stated she was not unsympathetic to
the business community in Tiburon, but didn't want to ignore
the health hazards of involuntary smoking; believed if the
Council passed the draft ordinance as written the
restaurants would recapture people who don't go into their
restaurants because they can't stand the smoke; thought it
was going a little far regulating private offices; lobbies
in offices should be non-smoking; would not support
Councilmember Coxhead's recommended changes.
Mayor Duke stated he had a number of changes he would make;
suggested a subcommittee work with the business community.
Councilmember Logan agreed; stated he didn't want to do
anything that would have an adverse impact on small
restaurants; in favor of a no-smoking ordinance, but wanted
it to be a measured response to the problem.
MOTION: To appoint Mayor Duke and Councilmember Logan to
work with the business community and ,return this
item to the Council the second meeting in January.
Moved: Coxhead, Seconded by Duke
Vote: AYES: Coxhead, Logan, Duke
NOES: Mayberry
ABSENT: Shaw
6. PRECISE PLAN AMENDMENT (Agins Property; Owner Real
ESTECH, Inc. - End of Gilmartin Drive - Resolution)
This item continued to the next meeting at the request of
the applicant.
7. PRECISE PLAN AMENDMENT (10 Cibrian Drive - Hexan
Subdivision, Applicant Dovbish - Resolution)
The Planning Director reviewed the Staff report which
recommended the Council approve the Precise Plan amendment
as approved by the Planning Commission.
The Mayor opened the public hearing. There being no
comments, the Mayor closed the public hearing.
Mayor Duke expressed concern that moving the building
envelope uphill would effect neighbors views; Councilmember
Mayberry noted the storypoles which were up didn't indicate
any views would be effected.
Mr. Dovbish, applicant, stated there is a 14' height limit
above Cibrian Drive; the additional height would still be
under 14'; there are two sets of storypoles erected to show
the Planning Commission the two different heights.
TOWN COUNCIL MINUTES #818
12-7-88
Page 4
Moved:
Vote:
To adopt Resolution Approving an Amendment to the
Hexan Precise Plan Specifically Pertaining to Lot 6
(10 Cibrian Drive)
Mayberry, Seconded by Coxhead
AYES: Unanimous
ABSENT: Shaw
MOTION:
8 . APPEAL BOARD OF ADJUSTMENTS & REVIEW DECISION (New
Residence, Applicant Roger Gordon, 152 Hacienda Dr.;
Appellants: Chinais, Siewerts, Keelings & Lawsons)
Council waived reading of the Staff report.
The Mayor opened the public hearing.
Mrs. Keeling, 144 Hacienda Drive, emphasized the safety
issue of the driveway; felt if Mr. Gordon moved the den's
location, he could turn his car around and not back up the
driveway.
Mr. Chinais stated the privacy issue has been resolved; the
safety factor is still of concern; service vehicles have to
back out the driveway.
Joe Giacomini, attorney for Roger Gordon, discussed the
history of the application, stated the Council upheld the
first appeal on two points, i.e., the turnaround was
inadequate and the location of the den be reconsidered;
application referred to BAR for consideration of these
desires; BAR viewed a montage of pictures prepared by the
architect; the Town Engineer stated the turnaround is safe.
Mr. Giacomini stated the restrains placed on his client were
unreasonable; he has requested no variances for setbacks or
height; the proposed turnaround has more room than any home
on the driveway; ultimate question is how far can neighbors
and the Town Council go dictating land use and development;
the problem of service vehicles backing up the driveway will
not be exacerbated by one more house; there will be no
change from what is right now; it is not an expansion of any
health or safety situation that is relevant; unfair to place
burden on Mr. Gordon to provide a turnaround for everyone on
the street; his client has a legal right to access his lot
off this driveway.
Charles Weesner, architect, discussed the proposed plans
with Council; stated he had moved the retaining wall from
the easement and extended the parking area eight to ten feet
to the west; took windows out of the front of the den facing
the driveway.
The Mayor closed the public hearing.
There was discussion regarding the existing condition of
service vehicles backing up the driveway. The Town Engineer
stated that in a new development, if there are more than two
TOWN COUNCIL MINUTES #818
12-7-88
Page 5
houses, the Fire Department requires a turnaround, however,
this is a pre-existing development, and the Fire Department
would use the hydrant off Hacienda; wouldn't risk bringing a
truck down the driveway.
Council expressed concern regarding the safety issue.
Councilmember Logan stated he didn't interpret the Town
Engineer letter as being an approval of the turnaround, and
the Town Engineer stated this description of his
recommendation is adequate.
The Planning Director stated it is part of the motion of
approval that the Fire Marshall's approval is necessary
before a building permit is issued.
MOTION: To continue this item until the Fire Department has
issued their approval.
Moved: Coxhead, Seconded by Mayberry
Vote: AYES: Unanimous
ABSENT: Shaw
9. APPEAL PLANNING COMMISSION DECISION (Denial of Use
Permit for Second Unit - 2060 Centro East, Thomas Young,
Applicant)
The Planning Director stated the applicant appeared at the
BAR for design approval and variances; the BAR wanted the
issue of the illegal second unit resolved first; the
Planning Commission denied the Use Permit for the second
unit based on the recommendation of the Staff; applicant
addressed the Staff's concerns at the Planning Commission
meeting, however, the application was denied.
Hank Bruce, architect for Thomas and Mary Young, reiterated
that insufficient data had been presented to the Planning
Commission thru the Staff Report and the Planning Commission
decision may have been flawed because of that fact; there
has been an existing second unit since 1960; the present
owners bought the house in April 1988, and want to live in
it; the Police Department has indicated an additional
parking deck would enhance safety and provide additional
parking alleviating a difficult parking situation; the
second unit would provide compliance with and need for
affordable housing; this property is a legal non-conforming
second unit; second units can be granted the necessary
variances to the Zoning District in which they are located;
quoted from the Second Unit Ordinance regarding variances
and granting special privileges; stated approval from
various neighbors; read letters from Mary Rogers and Sally
Shroeder which appeared in the Ark in favor of low/moderate
income housing.
TOWN COUNCIL MINUTES #818
12-7-88
Page 6
Mr. Young stated he has resolved concerns regarding
visibility and privacy with Rick Jones and will provide
landscaping to protect his privacy and not intrude on Mr.
Strotz' view.
Mr. Bruce responded to questions regarding the renovation of
the house, and Council expressed their strong concerns that
no third unit be constructed. Mr. Bruce stated access to
the third level would be internal if the door and stairs
were removed.
Fannie Hansen, 2050 Centro East, spoke to the need for
smaller and affordable housing, and encouraged approval of
the appeal.
Gary Hansen, 2050 Centro East, stated this proposal doesn't
have a negative impact an anyone; it was legitimizing an
existing building and bringing it up to current code
standards; as well as contributing additional parking and
safety.
Diana Bennett, neighbor directly across the street, reviewed
the zoning in the area; questioned conformance with the
10,000 sq. ft. restriction; tandem parking space already has
room for four cars; in the past six months there have been
three accidents exiting Strotz, Hansens and the existing
house; wanted to make sure there would be no garages built.
Councilmember Logan clarified Section E, 8. 18.1, regarding
the 10,000 sq. ft. requirement which does not apply to an
attached unit.
Michael Bennett stated that within 200' of the front of
their house, there were four car decks and this would make a
fifth; concerned that since the applicants were real estate
agents, there would be additional traffic; the house hasn't
been owner occupied for seven or eight years; asked what the
outcome would be if the second unit was denied.
Mr. Young stated there wouldn't be more than one additional
car every two weeks; he didn't bring clients to his house.
Mrs. Young stated she did not bring clients to the house;
that they have rethought the bottom level and would not be
putting an office down there.
Mayor Duke stated there is a benefit to making this unit
legal; strongly opposed to a third unit; would like a
condition that the unit rented to a low/moderate income
family.
TOWN COUNCIL MINUTES #818
12-7-88
Page 7
Councilmember Coxhead felt this particular street has more
congestion than any other place in Tiburon; second units
more appropriate in other areas of Tiburon; impossible to
find a place to park; felt it was unreasonable for people
across the street to look down on another parking deck; it's
the Town's property and didn't feel there should be building
on Town property; could approve the second unit, but not the
parking deck.
Councilmember Logan noted the second unit ordinance doesn't
require low/moderate income housing; the limited square
footage would rent for less than a larger unit.
MOTION: To uphold the appeal and deny the Planning
Commission action, and to adopt the Resolution
Granting the Conditional Use Permit for the second
unit with the conditions listed and adding
Condition 16 that the BAR make sure there will be
no third unit allowed.
Moved: Mayberry, Seconded by Logan
Vote: AYES: Mayberry, Logan
NOES: Coxhead, Duke
Councilmember Coxhead stated he couldn't approve the deck.
The Youngs stated two regular cars and two small cars could
fit in the existing parking area. Discussion ensued
regarding granting an exemption to the parking requirements
for a second unit. There was further discussion regarding
the fact the Youngs did not yet live in the house and it was
agreed to condition approval based on their occupancy.
MOTION: To uphold the appeal and deny the Planning
Commission action, and to adopt the Resolution
Approving Application for a Conditional Use Permit
to Allow Establishment of a Second Unit at 2060
Centro East with the following additions:
E. That under Section 18.1 E. 11. of Ordinance No. 282 N.S.
each of the four findings have been established based
upon substantial evidence in the record.
15. Applicant shall receive Board of Adjustments & Review
approval for any redesign of the dwelling and in the
course of reviewing application, Board of Adjustments &
Review shall take such steps as necessary to assure the
applicant cannot create a third unit at any point in the
future.
16. This approval shall not become effective until a
Certificate of Occupancy is issued and the applicants
have moved into the dwelling.
Moved: Logan, Seconded by Coxhead
TOWN COUNCIL MINUTES #818
12-7-88
Page 8
Councilmember Coxhead stated that in supporting this
resolution he didn't want to be implying that he would
support a large residence at this particular location; he
recognized it is a substandard lot and in order to make any
change to this particular structure findings for a variance
would have to be made.
Councilmember Logan agreed and stated he wanted to make it
clear this motion should not assume to be an approval of
what the Youngs are proposing; that decision is up to the
BAR and not before this Council.
Mayor Duke stated that the motion circumvented the intent of
the second unit ordinance; they do not have the right to buy
a building and have two rental units and get a legal second
unit; the intent of the second unit ordinance was to stop
the proliferation of second units and third units in areas
where they were overburdened, especially in old Tiburon.
Vote: AYES:
NOES:
ABSENT:
Coxhead, Logan, Mayberry
Duke
Shaw
F. UNFINISHED BUSINESS
10. BLACKIE' S PASTURE BUS STOP RELOCATION (CAL/TRANS Request
to Relocate Existing Bus Stop Closer to Trestle Glen)
The Town Engineer stated moving the bus stop is in agreement
with the closing of Greenwood Beach Road pedestrian
crosswalk; the Town has provided the path from Trestle Glen
to the park.
Moved:
Vote:
To approve relocation of the existing bus stop
closer to Trestle Glen.
Coxhead, Seconded by Mayberry
AYES: Unanimous
ABSENT: Shaw
MOTION:
G. NEW BUSINESS
11. GENERAL PLAN CONSULTANT'S AGREEMENT WITH THE TOWN FOR
PROFESSIONAL SERVICES (Council's Consideration of
Proposed Agreement Modifications with Kreines & Kreines)
Moved:
Vote:
Ratification of the Agreement between the Town of
Town of Tiburon and Kreines & Kreines to terminate
professional services.
Logan, Seconded by Duke
AYES: Coxhead, Logan, Duke
NOES: Mayberry
ABSENT: Shaw
MOTION:
TOWN COUNCIL MINUTES #818
12-7-88
Page 9
12. INVESTMENT POLICY & MONTHLY INVESTMENT SUMMARY (Adopt
Annual Investment Policy - Resolution)
The Town Manager stated State Legislation requires the Town
to have an investment policy and the exhibit to the
Resolution states the criteria used for investments; Staff
will also be providing the Council on a monthly basis an
investment summary showing where the reserve funds are
invested.
Councilmember Coxhead asked that the word "option" be
deleted in the first sentence, second paragraph and it
should read "...shall limit investments to the most secure
instruments available".
MOTION:
Moved:
Vote:
To adopt the amended Resolution
Coxhead, Seconded by Duke
AYES: Unanimous
ABSENT: Shaw
13. TRANSIENT OCCUPANCY TAX (Consider Increase in Present
Rate)
The Town Manager reviewed the Staff report and stated State
law requires any tax must go to the voters. Council
accepted this as an informational item and will continue
discussions with the Chamber of Commerce and Tiburon Lodge.
H. COUNCIL, COMMISSION OR COMMITTEE ORAL REPORTS
COMMISSION & BAR MEETING PROCEDURES (Discuss Policy
Regarding Quorum Requirements Relating to Majority Vote
Approvals (Councilmember Mayberry)
Councilmember Mayberry noted her concern that a number of
appeals have come to Council with a three member majority.
MOTION: To modify the BAR regulations so that any action
they approve requires a majority vote of the Board
itself; not just a majority of those attending.
Moved: Mayberry
Motion died for lack of a second.
Discussion ensued regarding the necessity to carryon
business and looking at membership of the Board to check
attendance rates; the Town Manager noted that absenteeism of
more than three meetings in a row should be brought to his
attention.
TOWN COUNCIL MINUTES #818
12-7-88
Page 10
STATUS OF RED & WHITE FLEET'S FERRY SERVICE REVISIONS
(Councilmember Logan)
Councilmember Logan stated the PUC is going to recommend
denial of any change in schedule which would prohibit the
Red & White fleet from moving the Catamarin from the Bay.
Another matter concerns the possibility of the Town
obtaining funds from Urban Mass Transportation Committee to
subsidize the Tiburon-San Francisco commute run; members of
the Belvedere community are interested in joining Tiburon in
an effort to secure these funds.
Council appointed Mayor Duke and Councilmember Logan as a
Subcommittee to work with representatives of Belvedere and
interested parties to prepare the necessary procedures to
enable the Town to negotiate a contract with Red & White
which would provide for some subsidy of the Tiburon-San
Francisco commute.
I. COMMUNICATIONS
HILLHAVEN HOMEOWNERS ASSOCIATION BOARD OF DIRECTORS MEETING
MINUTES - 10-29-88
Accepted as informational item.
LCOTPOA BOARD OF DIRECTORS MEETING MINUTES - 11-3-88
Accepted as informational item.
J . STAFF AND TOWN MANAGER REPORTS
PEACE OFFICER STANDARDS & TRAINING - POST (Chief of Police's
Summary of Recent POST Study)
Item continued to the next meeting.
4 . LA CRESTA UNIT II - RESUBDIVISION - FINAL MAP, LOTS
22-26 (Resolution)
Councilmember Mayberry asked to see the Final Map. Staff
explained it has not been the policy to send copies of the
Map to the Council; it is an administrative procedure for
the Town Engineer to certify that the Final Map is in
compliance with the Tentative Map, and he has certified that
the LaCresta Unit II Final Map is in compliance.
MOTION: To adopt Resolution Approving the LaCresta Unit II
Final Map
Moved: Coxhead, Seconded by Mayberry
Vote: AYES: Unanimous
ABSENT: Shaw
TOWN COUNCIL MINUTES #818
12-7-88
Page 11
K. 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. sine die.
. / :4
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LAWREN~J. DUKE, MAYOR
Town of Tiburon
ATTEST:
R.I2~GER/CLERK
TOWN COUNCIL MINUTES #818
12-7-88
Page 12
TOWN COUNCIL
MINUTES
CLOSED SESSION
Mayor Duke called the Closed Session of the Town Council of
the Town of Tiburon to order at 6:35 P.M. to discuss
litigation.
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 2, 1988 in Room 5, Del Mar School, Tiburon,
California.
A. ROLL CALL
PRESENT:
COUNCILMEMBERS:
Coxhead, Shaw, Mayberry, Duke
ABSENT:
COUNCILMEMBERS:
Logan
EX OFFICIO:
Town Manager Kleinert,
Police Chief Herley,
Town Engineer Bala,
Supt. of Public Works
Brunini, Planning Director
Lohman, Finance Director
Stranzl, Assistant Town Clerk
Hennessy
B. SWEARING-IN OF NEW POLICE OFFICER
The Town Clerk administered the Oath of Office to the Town's
new Police Officer Eric Shiozaki.
C. EMPLOYEE RECOGNITION
The Police Chief introduced Laura Judd and announced her
promotion and appointment as the first woman Sergeant in the
Tiburon Police Department.
D. INTRODUCTION OF NEW TOWN EMPLOYEES
The Town Manager introduced Richard Stranzl, the Town's new
Finance Director.
The Police Chief introduced Eileen DeAngelo, Susan Fredricks
and Christine Thorne, the Town's new Community Service
Officers.
TOWN COUNCIL MINUTES #815
11-2-88
Page 1
E. APPOINTMENTS TO COMMISSIONS, BOARDS & COMMITTEES
MOTION: To appoint Jerry Riessen & priscilla Tripp to the
Belvedere/Tiburon Joint Recreation Committee
Moved: Duke, Seconded by Mayberry
Vote: AYES: Unanimous
ABSENT: Logan
F. PUBLIC QUESTIONS AND COMMENTS
Councilmember Coxhead expressed concern regarding the
blasting being done on the Highlands Property; didn't think
this environmental impact had been addressed in the EIR.
The Mayor stated people should write to the Town Attorney if
they felt their property was affected. The Town Engineer
stated the contractor has stayed within the proscribed
maximum allowed, however, he requested they diminish the
charge used.
G. CONSENT CALENDAR
Item 2 was removed.
MOTION: To approve the Consent Calendar consisting of the
following items:
1. APPROVAL OF MINUTES #813, October 19, 1988
Moved: Shaw, Seconded by Coxhead
Vote: AYES: Unanimous
ABSENT: Logan
2. MONTEROSA AT TIBURON CONDOMINIUM PARCEL MAP (28 Units
North of Tiburon Blvd. between Lyford Drive & Red Hill
Circle - Resolution)
The Planning Director reviewed the Staff report, and
explained that the Parcel Map is not the Final Map.
MOTION: To adopt Resolution Approving the Parcel Map for
the Monterosa At Tiburon Condominium Subdivision
Moved: Shaw, Seconded by Coxhead
Vote: AYES: Unanimous
ABSENT: Logan
The Mayor announced, Item 5. APPEAL BOARD OF ADJUSTMENTS &
REVIEW DECISION (New Residence - 8 Indian Rock Court) would
be continued at the request of both parties.
TOWN COUNCIL MINUTES #815
11-2-88
Page 2
H. PUBLIC HEARINGS
3. INCLUSIONARY HOUSING ORDINANCE (Establish Regulations to
Provide Low/Moderate Income Housing - Ord., 1st Reading)
The Town Manager introduced Dick Bornholdt, Housing
Consultant, who responded to questions from the Council.
The Mayor opened the public hearing. There being no
comments, the Mayor closed the public hearing.
Councilmember Shaw suggested several changes; Mayor Duke
suggested Section 13, the word "shall" be changed to "may".
MOTION: To adopt the ordinance as presented.
Moved: Mayberry
Motion failed for lack of a second.
MOTION: To adopt the ordinance with the suggested amendment
to Section 13.
Moved: Duke, Seconded by Coxhead
Vote: AYES: Coxhead, Duke
NOES: Shaw, Mayberry
MOTION: To adopt the ordinance as presented.
Moved: Mayberry, Seconded by Coxhead
In response to Councilmember Coxhead, the Town Manager
suggested rewording Section 13 to state: "To encourage the
provision of low and moderate income units, the Town may
waive certain development fees applicable to the
inclusionary units of a proposed development".
Both Councilmembers agreed to the suggested amendment.
MOTION:
Moved:
Vote:
To read by title only.
Coxhead, Seconded by Mayberry
AYES: Unanimous
ABSENT: Logan
The Mayor read AN ORDINANCE OF THE TOWN OF TIBURON AMENDING
ORDINANCE NO.9 N.S., THE ZONING ORDINANCE, TO REQUIRE
PROVISION FOR LOW AND MODERATE INCOME HOUSING IN NEW
RESIDENTIAL DEVELOPMENTS OF TEN UNITS OR MORE.
AMENDED MOTION: To adopt the aforementioned Ordinance as
amended.
Moved: Mayberry, Seconded by Coxhead
Vote: AYES: Coxhead, Mayberry, Duke
NOES: Shaw
ABSENT: Logan
TOWN COUNCIL MINUTES #815
11-2-88
Page 3
4. MASTER, PRECISE PLAN AND TENTATIVE MAP AMENDMENTS (Agins
Property - End of Gilmartin Drive, Ordinance 1st Reading
& Resolutions)
The Planning Director reviewed the Staff report and on the
advice of the Town Attorney recommended the Council consider
the Ordinance and postpone consideration of the Resolutions
till the next meeting.
The Mayor opened the public hearing.
Ken Cohen, attorney, representing the Agins reviewed the
history of the application and stated the applications are
being submitted pursuant to the litigation settlement.
In response to Councilmember Mayberry, Mr. Cohen stated the
connection of open space was eliminated due to possible
litigation problems; one of the lots was sold under
conditions portrayed to the buyer that were part of the
settlement agreement; owner prefers option of having access
for the first lot from the driveway, plans have been
modified to conform with suggestions of the Fire Marshall;
there is no safety problem.
MOTION:
Moved:
Vote:
To read by title only.
Shaw, Seconded by Coxhead
AYES: Unanimous
ABSENT: Logan
The Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON APPROVING APPLICATION FOR AMENDMENT TO THE AGINS
MASTER PLAN.
MOTION: To pass first reading of the aforementioned
Ordinance.
Moved: Shaw, Seconded by Coxhead
Vote: AYES: Coxhead, Shaw, Mayberry, Duke
ABSENT: Logan
Councilmember Mayberry stated she still had reservations
about this Ordinance.
6. APPEAL BOARD OF ADJUSTMENTS & REVIEW DECISION (New
Residence - 3 Berke Court)
The Planning Director reviewed the Staff report.
Bill Hatch, 1 Berke Court, represented the appellants,
stated their appeal as set forth in the documents relates to
the guidelines set forth by the Town and asked the Council
to make sure the guidelines are applied fairly; asked
Council to review the matter and to reconsider with respect
to the appropriateness of the matters raised in their
appeal.
TOWN COUNCIL MINUTES #815
11-2-88
Page 4
David Morgan, attorney representing the Clarks, owners of 3
Berke Court, reviewed the history of the application and
consultations with neighbors regarding the proposed design.
John Moe, architect, stated the guidelines are open to
subjective interpretation; he reviewed the five issues
raised in the appeal and responded to each.
Discussion ensued regarding the landscaping and it was
determined that the neighbors concerns regarding the
proposed landscaping were not addressed to the Board of
Adjustments & Review.
The Mayor opened the public hearing.
Lewis Fernandez, 1 Acela Court, reiterated grounds for the
appeal.
Councilmember Coxhead stated Mr. Moe had made a very
complete response to the appellants concerns about meeting
the guidelines; they are guidelines and not mandatory
policy; felt the applicant has substantially met the
objectives and goals of the guidelines; agree with the BAR,
however, would remand the landscaping back to the BAR in
order for the appellants to make their concerns known.
Chairman Moorhouse, BAR, stated the landscaping was a
separate issue.
Councilmember Mayberry expressed concern only three members
of the BAR approved this project; concerned about
massiveness; doesn't have the appearance of nestling into
the hillside.
Councilmember Shaw complimented both parties for their
excellent presentations; thought the design came within the
guidelines; wanted to see the landscaping reviewed.
The Mayor stated the presentation from both sides was the
best appeal this Council has heard; thought the Clarks and
their representatives had done an admirable job in trying to
build their home while considering their neighbors.
MOTION: To deny the appeal and uphold the decision of the
BAR.
Moved: Coxhead
Motion failed for lack of a second.
MOTION: To deny the appeal regarding the design of the
house and driveway, but remand the matter of
landscaping as it relates to Mr. Hatch and Mr.
Fernandez' concerns back to the BAR for their next
meeting.
Moved: Duke, Seconded by Coxhead
TOWN COUNCIL MINUTES #815
11-2-88
Page 5
Councilmember Mayberry expressed concerns regarding the
design of the house.
Vote: AYES:
NOES:
ABSENT:
Coxhead, Shaw, Duke
Mayberry
Logan
7. ABATEMENT OF PUBLIC NUISANCE (Non-Conforming Structure
83 East View - Christensen)
The Planning Director reviewed the Staff report.
Chris Christensen gave Council a copy of letter from Mr.
Lange, surveyor.
The Mayor noted that the Council made a decision to return
the application to the BAR for as built approval and the
Council needs to know the status of the survey.
There was further discussion regarding whether to pass the
Resolution ordering abatement and giving Mr. Christensen
additional time to complete the surveyor remove those items
not in conformance with his approved plans.
Moved:
Vote:
To adopt the Resolution Ordering Abatement of
Public Nuisance at 83 East View
Coxhead, Seconded by Mayberry
AYES: Unanimous
ABSENT: Logan
MOTION:
I. UNFINISHED BUSINESS
J. NEW BUSINESS
8. MAR WEST PARKING PROGRAM (Recommendations from Parking &
Transportation Commission to Extend Program -
Resolution)
The Planning Director reviewed the Staff report which
recommended extension of the parking sticker program.
Becky Clelland, Parking & Transportation Commission,
reviewed changes from the previous Resolution to clarify
wording and make administration easier, and urged the
Council's adoption.
The Planning Director corrected the draft Resolution to add
Section 12 Violations.
MOTION: To adopt Resolution as amended Approving Sticker
Program for Mar West
Moved: Mayberry, Seconded by Coxhead
Vote: AYES: Unanimous
ABSENT: Logan
TOWN COUNCIL MINUTES #815
11-2-88
Page 6
K. COUNCIL, COMMISSION OR COMMITTEE REPORTS
Transportation Expenditure Committee
Councilmember Mayberry asked Council's reaction to the
proposal that 20% of the 1% increased sales tax revenue
would be used by the local entity or used on a regional
basis; the suggestion from the Committee is that 10% be
administered locally. This proposal will be on the 1990
ballot. Council agreed that 20% of the increased sales tax
revenue should be left to the local entity's control.
L. COMMUNICATIONS
M. STAFF AND TOWN MANAGER REPORTS
The Mayor agreed to meet with the Chamber of Commerce and
the Council's Business Liaison Vice-Mayor Shaw to discuss
specific items of concern.
N . APPOINTMENTS TO COMMISSIONS, BOARDS & COMMITTEES
Moved:
Vote:
To appoint Virginia Peterson to the Parking &
Transportation Commission.
Duke, Seconded by Coxhead
AYES: Unanimous
ABSENT: Logan
MOTION:
O. ADJOURNMENT
There being no further business before the Town Council of
the Town of Tiburon, Mayor Duke adjourned the meeting at
10:25 P.M. sine die.
\~/' ~
.' :><c;,'-.,~ . ---L'L:L--
'"0______ " _ .' . ~-_
LAWRENpE' J,.,./DUKE, MAYOR
Town c:f.~buron
ATTEST:
~~
R. L. KLE~T' TO - MANAGER/CLERK
TOWN COUNCIL MINUTES #815
11-2-88
Page 7
TOWN COUNCIL
MINUTES
CLOSED SESSION
Mayor Duke called the Closed Session of the Town Council of
the Town of Tiburon to order at 7:00 P.M. to discuss
litigation.
CALL TO ORDER
Mayor Duke called the adjourned meeting of the Town Council
of the Town of Tiburon to order at 7:30 P.M., Tuesday,
October 25, 1988 in the Tiburon Lodge, Tiburon, California.
A. ROLL CALL
PRESENT:
COUNCILMEMBERS:
Coxhead, Logan, Mayberry,
Duke
ABSENT:
COUNCILMEMBERS:
Shaw
EX OFFICIO:
Police Chief Herley,
Supt. of Public Works
Brunini, Assistant Town Clerk
Hennessy
B. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES
The Mayor asked the Assistant Town Clerk to contact the two
Planning Commissioners whose terms will expire in November
and ask them to send a letter to the Council if they are
interested in continuing to serve.
C. PUBLIC QUESTIONS AND COMMENTS
Paul Fulton, Paradise Drive, thanked the Council for their
support and work on the Donahue Building Agreement with the
Point Tiburon Condominium Associations.
D. BUSINESS ITEM
1 . NEW TOWN HALL COMMITTEE REPORT AND RECOMMENDATIONS
(Presentation by Chairman Wilson and Subcommittee
Members Regarding Site Location, Programming & Design
and Financing)
Chairman Jim Wilson introduced the Committee Members who
were:
Programming & Design Subcommittee
Edelstein and Jim Malott
Peter Berg, Hal
TOWN COUNCIL MINUTES #814
10-25-88
Page 1
Site Selection Kirk Hanson and Larry Smith
Finance Jay Kaplan and Mark Pressman
Community Relations Al Kuhn and Louise Teather
Library Committee Liaison Chuck Auerbach
Tiburon peninsula Foundation Liaison John Hoffmire
Ex-Officio Bob Kleinert
Staff Support Terry Hennessy
Chairman Wilson summarized the series of recommendations
which included: Committee recommends the site at Mar West
and Tiburon Blvd.; suggests 20,500 sq.ft. for the Town Hall;
1,800 sq. ft. for a Community Center and 5,000 sq. ft. for a
library (land reservation for County use) and associated
parking; suggests the current Town Hall site be sold for
fair market value and the funds be used to finance the new
Town Hall and Community Center on the selected site and to
rename the Committee as the New Town Hall/Community Center
Committee. Chairman Wilson suggested the Council task the
Committee to (a) refine the design program and determine a
design and construction schedule to be ready for an
architectural design competition or an architect selection;
(b) provide more specific details in implementing a plan for
financing the project and (c) study and prepare
recommendations for draft general plan modifications,
General Plan EIR supplements and zoning ordinance revisions.
Hal Edelstein, Program & Design Committee, reviewed the
procedure they used to determine the square footage
currently used, projected for a move-in status in five years
and expansion in the event of annexation in the future.
Kirk Hanson, Site Selection Committee, stated they walked
the three sites available and came up with a list of pros
and cons for each site; the full Committee then reviewed and
added their input; Mar West & Tiburon Blvd. was a unanimous
choice.
Al Kuhn, Community Relations Committee, stated there have
been discussions since 1970 regarding the need for a
community room facility; Committee wanted to create an
atmosphere to hold more community activities; felt if a
Community Center were not incorporated into the concept, the
likelihood of financing a new Town Hall would be unlikely.
Mr. Kuhn stated the architects felt a Community Center of
1,400 sq. ft. with an additional 600 sq.ft., as part of the
Council Chambers, would be adequate; suggested a patio area
might be included and the Community Room might be adjacent to
the library facility.
Chairman Wilson reviewed the Finance Committee's estimate of
possible revenue from the sale of the current Town Hall
property at fair market value with a range of housing units
being permitted on the site. He noted the Town's Housing
Committee does not recommend this site be used for
TOWN COUNCIL MINUTES #814
10-25-88
Page 2
low/moderate income housing. Some other suggested uses of
the site would be a post office or senior citizen housing.
It was also noted that some of this area is dedicated open
space and that the Town's Corporation yard would remain at
this location.
Chuck Auerbach, Library Committee, stated they hope to
enlarge their facilities and would prefer the downtown area.
He outlined possible funding sources from grants and the
County.
Chairman Wilson reviewed three site plans and the proposed
footprints of a 10,000 sq. ft. two story building for Town
Hall, 5,000 sq. ft. building for the library and 700 sq. ft.
Community Center.
The Mayor opened the public meeting.
Stewart Hopkins agreed there was a need for a new Town Hall;
noted the problems of the current site and Staff turnover.
Mr. Hopkins had photos of the three sites. He noted at the
Mar West site the flood plain was dedicated by The Innisfree
Companies as part of the Point Tiburon project; the Draft
General Plan states this area is Bay mud and shouldn't be
built on; that pilings were needed for both Point Tiburon
and Bon Appetit; in case of an emergency, thought the Police
station and Town Hall should be functional and not be
liquified; his objection to this site was that it was too
small; showed drawings which depicted a possible mini park
for this area with landscaping of the marsh area; if this is
the most logical place for the new Town Hall, he will
withdraw his objections; didn't want the Town to chose
something inferior.
Mr. Hopkins then reviewed his drawings of the present Town
Hall site and reviewed its history; noted this space is
limited and not the best traffic access; showed map of the
Town limits and unincorporated area and didn't think the
current site was centrally located, particularly if
Strawberry is annexed. If this site was chosen, the Town
will have to look at other means of financing.
Mr. Hopkins asked why the Mar West site was preferable to
Blackie's Pasture; stated he walked over the site with Don
Tayer and Don Batten; showed pictures of water gardens which
could be planted with the use of the reclaimed water
available at this site; the salt water canal would be
preserved and landscaped; thought there could be mitigation
of noise and visual impacts for a relatively few people who
would be impacted; stated at the Mar West site there was
tier of condominiums that would be impacted; stated he would
like to see a questionnaire sent to the residents and ask
TOWN COUNCIL MINUTES #814
10-25-88
Page 3
them to chose between the Mar West and Blackie's Pasture
sites before the Council makes a decision.
Don Batten, President of Belveron Homeowners Association,
stated he has canvassed a lot of people in his area and in
the Reedlands and their main objection is that Blackie's
Pasture is not centrally located; does not have the
acceptability of the Mar West site; thought removal of the
berm at Trestle Glen would be an expensive project; asked
Council not to destroy the park possibilities at Blackie's
Pasture; didn't think it had safe access; asked Council to
place the new Town Hall at Mar West.
Karen Nygren, Planning Commissioner, stated she did not have
a preference but asked some questions regarding size of the
Mar West site; suggested the Town consider leasing the
current Town Hall site rather than selling it; stated the
Planning Commission has used the Mar West parking lot for
overflow parking for Main Street Properties applications;
thought a referendum or post card questionnaire after the
Town has educated the public would be desirable for the
entire community.
Paul Fulton, speaking an an individual member of the
community, stated in his opinion that the Committee's
recommendations were like trying to shoehorn a Town Hall
into a small downtown area; Blackie's Pasture could
accommodate a new Town Hall; the Mar West.," sight lacks
foresight; the Town required dedication of the park from
Point Tiburon and he didn't think it should be pushed aside;
comments in the Draft General Plan seem to favor the
Blackie's Pasture site; seems it could be placed in an area
at Blackie's that would prevent excessive noise; Tiburon
Blvd. from downtown to Blackie's Pasture is the more
congested area; the Town would eliminate some congestion if
they placed the New Town Hall at Blackie's; as an engineer
he felt a two story building would require pilings driven to
a great strength which would make the building more
expensive.
Rich Cupples, Greenwood Beach Road Homeowners Association,
stated it was his understanding that a vote was taken of the
population of Tiburon that Blackie's Pasture be dedicated as
a park; asked if the residents of Tiburon were going to be
given an opportunity to vote whether they are willing to
abandon Blackie's Pasture as a park for a new Town Hall;
maybe the population should be given the opportunity to make
that decision; Blackie's Pasture is probably the choicest
piece of open space left to the Town of Tiburon and think
the Town should have the opportunity to make that decision
themselves and not have someone else make it for them.
Frank Rox, resident, stated he expected a decision of this
magnitude to come up with more commanding reasons for
TOWN COUNCIL MINUTES #814
10-25-88
Page 4
selecting the Town hall site at Mar West; agreed with others
that the Mar West site was improper but surely the Committee
could come up with better reasons for putting it there;
thought a referendum or questionnaire was a good idea.
The Mayor thanked the Committee. Councilmember Mayberry
commended the Committee for their hard work and asked for
more input from the public. Councilmember Coxhead asked for
a soils report of the three proposed sites; thought removal
of the railroad berm at Blackie's Pasture would be
expensive; asked that the Town Manager, Town Attorney and
Planning Director attend the next meeting when this item is
discussed; would be in favor of a mail-out; thanked the
Committee.
Councilmember Logan stated he would like more public
comment; not really in favor of the mail-out idea; believed
the Council was elected by the public to make these
decisions.
The Assistant Town Clerk stated she had notified every
homeowner association, the City of Belvedere, Tiburon
Peninsula Club, Chamber of Commerce, both Fire Districts,
Reed Union School District, the Ark and Independent Journal.
Councilmember Logan stated this issue has been discussed for
years and would like the Council to make a decision and turn
some dirt to celebrate the 25th anniversary of the Town next
June.
Mayor Duke thought the best site would be either Mar West or
Blackie's Pasture and he would like to see a public survey;
thought both sites had problems; the Town could get an
answer as to which is the least objectionable.
Councilmember Logan stated a meaningful plebiscite requires
information; if someone could explain how the Town can get
the necessary information out to the residents, he would
support a questionnaire whole-heartedly; absent that
information, the Council will get a knee-jerk reaction;
suggested getting the Presidents of the homeowner
associations most affected to come to the Council meetings.
Kirk Hanson stated the Committee's fear was that people
would not be informed; there would be a NIMBY (not in my
backyard) affect; it would be critical to see where people
lived who responded to the questionnaire; most important to
get people to attend the Town Council meetings and make
their comments public. Hal Edelstein stated the Committee
did discuss the idea of a ballot very early and more or less
came to the same conclusion as Councilmember Logan; a draft
questionnaire was considered. The Ark did perform a
sidewalk survey but people were not aware of all the facts,
i.e., financing.
TOWN COUNCIL MINUTES #814
10-25-88
Page 5
Stewart Hopkins stated the Donahue Building questionnaire
had pros and cons listed on the ballot.
Mayor Duke stated circulation and vehicular access at
Blackie's as well as noise and night lights were concerns
and asked Stewart Hopkins to return to the Council with some
solutions.
Jim Wilson suggested the Council consult with the Town
Attorney regarding using the flood plain for anything.
E. ADJOURNMENT
There being no further business before the Town Council of
the Town of Tiburon, Mayor Duke adjourned the meeting at
9:30 P.M. sine die to the new Council Chambers at 105
Avenida Miraflores, Tiburon, CA. on November 2, 1988.
j
MAYOR
ATTEST:
TOWN COUNCIL MINUTES #814
10-25-88
Page 6
TOWN COUNCIL
MINUTES
CLOSED SESSION
Mayor Duke called the Closed Session of the Town Council of
the Town of Tiburon to order at 6:30 P.M. to discuss
litigation.
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 19, 1988 in the Tiburon Lodge, Tiburon, California.
A. ROLL CALL
PRESENT:
COUNCILMEMBERS:
Coxhead, Logan, Shaw,
Mayberry, Duke
ABSENT:
COUNCILMEMBERS:
None
EX OFFICIO:
Town Attorney Ragghianti,
Lisa Goldfien, Police Chief
Herley, Town Engineer Bala,
Supt. of Public Works
Brunini, Planning Director
Lohman, Assistant Town Clerk
Hennessy
B. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES
There were none.
C. PUBLIC QUESTIONS AND COMMENTS
Al Kuhn stated there had been letters addressed to the
Council through the Editor of the Ark newspaper regarding
the need to master plan the area around Shonfeld property,
Jay property, Tiburon Peninsula Club and the proposed new
Town Hall site; asked Council what could be done; not asking
for an official document but a working document to evaluate
proposals. The Mayor stated that the Planning Department is
working on the idea.
D. CONSENT CALENDAR
MOTION: To approve the Consent Calendar consisting of the
following items:
1. APPROVAL OF MINUTES #809, September 7, 1988
#810, September 12, 1988
#812, October 5, 1988
TOWN COUNCIL MINUTES #813
10-19-88
Page 1
2. TRAFFIC SAFETY COMMITTEE REPORT (October)
4. TIBURON HIGHLANDS FINAL MAP - (Resolution)
Moved:
Vote:
Logan, Seconded by Coxhead
AYES: Unanimous
3. RING MOUNTAIN FINAL MAP - (Resolution)
Councilmember Mayberry asked to see the revised Tentative
Map. The Planning Director stated he had submitted the
correct resolution which approved the Tentative Map;
drawings were submitted in September 1983 which shows the
revisions; the Final Map has been drafted in accordance with
the approved Tentative Map and Staff recommends approval.
Ronald Stein, attorney representing Tiburon Hills Homeowners
Association, asked whether the Planning Commission needs to
approve revisions to the Tentative Map and whether there
should be an amendment to the Development Agreement. Lisa
Goldfien, Town Attorney's office, stated the amendments were
included as exhibits to the Development Agreement. Mr.
Stein asked about drainage, and the Town Engineer responded
that there was a map depicting drainage. The Town Attorney
noted that the action before the Council was to determine
whether the Final Map was in substantial conformance to the
Tentative Map.
MOTION: To adopt the Resolution Approving the Final Maps
for the Ring Mountain Subdivision.
Moved: Logan, Seconded by Duke
In response to Councilmember Coxhead, the Town Attorney
stated his office had made an extensive study and review of
the files and sent a letter to the Town Engineer and the
Council with respect to their findings; the only person
California law authorizes to make a determination whether
the Final Map is in compliance is the Town Engineer.
The Town Engineer stated he has signed the Final Map.
The Town Attorney stated the maps are in substantial
conformance and the Town has complied with the provisions of
the California Code. Lisa Goldfien stated the Lawding
revisions were submitted for Council's consideration prior
to the Tentative Map public hearing; were submitted as
exhibits to the Development Agreement; Council was aware
which project was the basis of the Development Agreement;
these revisions were properly approved and the Final Map is
consistent.
Councilmember Mayberry stated she would still feel more
comfortable if a revised Tentative Map had been prepared.
TOWN COUNCIL MINUTES #813
10-19-88
Page 2
Vote: AYES:
NOES:
Coxhead, Logan, Shaw, Duke
Mayberry
E. PUBLIC HEARINGS
5 . APPEAL BOARD OF ADJUSTMENTS & REVIEW DECISION (New
Residence - 8 Indian Rock Court)
Steeger Johnson, attorney representing the appellant Mr.
Wallace, stated his client is concerned with his views; the
proposed residence will block sun and place one and a half
hours of additional shade on the residence at 10 Indian Rock
Court; presented Council with copies of the sales brochure
given to Mr. Wallace when he purchased this house; the sales
brochure made several presentations he would have a view of
Sausalito and the Bay; presented photographs with overlays
which showed how his view would be obscured by the proposed
house; presented a letter from Mr. Wallace's architect which
states a house can be built on the adjoining property which
will not obstruct 100% of the view's Mr. Wallace paid for;
suggested the garage be moved to the other side of the
house; questioned the size of the proposed house; suggested
the developer should be willing to accept a smaller house to
mitigate the impact on views from his client's house; Mr.
Wallace is asking that no more than 50% of his water view be
obstructed; Perini owns this property and has entered into a
contract to sell the property to TRI Realty; felt it was
unfair of Perini to make representations to Mr. Wallace and
then enter into an agreement with TRI.
Dave Egan, TRI Realty, stated there was no relationship
other than buyer and seller between TRI and Perini; this
house and these plans have gone through several
modifications; they have relied on the Town's approval and
the CC&Rs in designing these plans; worked with Staff and
they had given their approval on both submittals to the BAR;
did mitigate BAR concerns; if they moved the garage, the
decks would then be next to Mr. Wallace's decks and felt
that was a negative; looked at reducing size substantially
and moving the house down the hill; it would increase the
steepness of the driveway and increase steps from the
driveway to the house; it would cause the house to be
virtually unmarketable; the plans comply with the intent of
the subdivision as approved; asked Council to approve the
plans. Mr. Egan presented plans of the building envelopes.
Bob Pearce, 60 Reed Ranch Road, stated he just left a
meeting with an attorney and an architect regarding a
similar situation; Perini sold him a view and sold the same
view to their next door neighbor; someone needs to take a
hard look at the corporation coming in with approximately 60
homes over the next few years.
TOWN COUNCIL MINUTES #813
10-19-88
Page 3
Mr. Johnson stated the problem could have been alleviated if
the houses had been built in reverse order.
In response to Councilmember Logan, Mr. Johnson stated his
client was told only 20% of his view would be taken up by
the next door house.
Mr. Egan stated they had moved the house back over 8' and
shifted to the opposite side of the building envelope; the
additional excavation is significant; felt they had done as
much as they can and are relying on approvals already given.
Discussion ensued regarding the feasibility and desirability
of moving the building envelope, and the view corridor
provided by Perini Corporation in response to Belveron
Homeowners Association's concerns.
Mr. Verrue, Perini Corporation, stated their relationship
with TRI was as buyer and seller; the house on 10 Indian
Rock was constructed not as a view house of the Bay; one
that would have open and expansive views; they had done
everything within the intent of the Final Map.
Councilmember Coxhead stated he noted on visiting the house
that there were no picture windows in the living room;
thought what Mr. Verrue stated was correct; the orientation
of the view from within the house is towards the hill;
basically agree with the BAR; no way a house can be built at
8 Indian Rock without substantially affecting the bay view
from 10 Indian Rock; felt the BAR made the best possible
decision under the circumstances; supported the BAR
decision.
MOTION: To uphold the decision of the BAR and deny the
appeal.
Moved: Coxhead, Seconded by Duke
Councilmember Mayberry opposed the motion and preferred the
BAR to take into account the architect's assertions that a
house could be built at 10 Indian Rock with only half of Mr.
Wallace's view taken away.
Mr. Wallace stated the Council is the only forum he had
instead of a court of law; it was represented to him by
Perini Corp. that there was no bay window on that side of
the house because it was the winter side of the house; was
told he would have a view to the low tide line of
Strawberry; TRI representative told him only 50% of his view
would be removed; original storypoles showed 110% of his
view was gone.
TOWN COUNCIL MINUTES #813
10-19-88
Page 4
Councilmember Logan stated he didn't believe TRI can move
this house further down the hill; from a design standpoint
he thought the proposal appropriate; if Perini Corp. is
selling non-view lots as view lots, they might find
themselves in Superior Court.
In response to Vice-Mayor Shaw, the Town Attorney stated the
Planning Staff would have to be consulted regarding moving
the building envelope, but the CC&Rs were between the
property owners and Perini Corporation.
Mayor Duke stated he supported the BAR.
Vice-Mayor Shaw asked that the motion be withdrawn.
Councilmember Coxhead withdrew his motion and suggested
Vice-Mayor Shaw and Councilmember Mayberry work with the
Belveron Homeowners Association in an effort to move the
building envelope and the view corridor.
MOTION:
Moved:
Vote:
To continue the application to the next meeting.
Coxhead, Seconded by Shaw
AYES: Unanimous
6. HILLCREST SUBDIVISION TENTATIVE MAP - (Resolution)
The Planning Director noted that this application might not
be in conformance with the Draft General E~an. Item
continued to November 16, 1988.
7 . OFFICE OF PLANNING & RESEARCH (Request OPR for an
Additional One Year General Plan Extension - Resolution)
The Planning Director reviewed the revised Resolution.
The Mayor opened the public hearing. There being no
comments, the Mayor closed the public hearing.
Moved:
Vote:
To adopt Resolution Requesting an Additional
Extension of Time to Complete the Updating and
Revision to the Tiburon General Plan Pursuant to
California Government Code 65361(e).
Logan, Seconded by Mayberry
AYES: Unanimous
MOTION:
8. TEMPORARY USE PERMIT (Boardwalk Parking Lot -
Resolution)
The Planning Director reviewed the Staff report.
The Mayor opened the public hearing.
TOWN COUNCIL MINUTES #813
10-19-88
Page 5
Stewart Hopkins asked Council their plans for the temporary
parking lot at Mar West. The Mayor stated that the Town is
trying to work out something with the owner assuming the new
Town Hall is built adjacent to that location.
The Mayor closed the public hearing.
MOTION:
Moved:
Vote:
To adopt Resolution Approving a Temporary Use
Permit Establishing a Seasonal Pay Parking System
at the Boardwalk Parking Lot Located at 1550
Tiburon Blvd.
Coxhead, Seconded by Mayberry
AYES: Unanimous
9. INCLUSIONARY HOUSING ORDINANCE (Establish Regulations to
Provide Low/Moderate Income Housing - Ord., 1st Reading)
The Assistant Town Clerk, reviewed the Staff report. The
Town Attorneys stated it provides express authority for
extracting in-lieu fees from developers.
In response to Councilmember Logan, Ms. Hennessy stated that
the formula outlined in the ordinance provides for the
in-lieu fee to be the difference between the cost of
construction and the moderate income families ability to
obtain a mortgage at 30% of their gross income.
Councilmember Logan suggested Section 10(b) second sentence
be revised to state: "Per unit in-lieu participation fees,
shall be calculated on the basis of the difference between
the maximum affordable purchase price of a dwelling unit for
which moderate income families earning 100% of median income
can qualify and the cost of construction of a 1500 square
foot unit in the Town."
MOTION:
Moved:
Vote:
To continue this item to November 2 in order for
the Housing Consultant to review the revision.
Logan, Seconded by Coxhead
AYES: Unanimous
10. COUNCIL CHAMBERS RELOCATION (Change Location of Meetings
to Del Mar School - Ord., 2nd Reading)
The Su~erintendent of Public Works described the size and
layout of the new Council Chambers.
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 Shaw
AYES: Unanimous
TOWN COUNCIL MINUTES #813
10-19-88
Page 6
The Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON AMENDING SECTION 20-1 OF ARTICLE I OF THE TIBURON
TOWN CODE.
MOTION:
Moved:
Vote:
To adopt the aforementioned Ordinance No. 337 N.S.
Coxhead, Seconded by Mayberry
AYES: Coxhead, Logan, Mayberry, Shaw, Duke
F. NEW BUSINESS
11. EIR CONSULTANTS' LIST (Council Approval of Revised List)
The Planning Director reviewed the Staff report.
MOTION: To approve the list of EIR consultants submitted by
Staff.
Moved: Logan, Seconded by Mayberry
Discussion ensued regarding adding names to the list.
AMENDED MOTION: To approve the list of EIR consultants
submitted by Staff and that additional names can be
added at the discretion of the Planning Director
based on information presented to him by the EIR
firm.
Moved: Logan, Seconded by Mayberry
Vote: AYES: Unanimous
G. OLD BUSINESS
12. DONAHUE BUILDING (Status Report by Councilmember Logan
Regarding Agreement with Point Tiburon Condominium
Associations)
Councilmember Logan reviewed the draft agreement which
included a new paragraph 6 regarding default of performance;
paragraph 7 stipulates a six month agreement, with 60 days
beyond the six month term to give the Town and the Point
Tiburon Condominium Associations time to negotiate a new
agreement; if an agreement is not worked out at the end of
the 60 days, the Town will suspend night time use until an
agreement is reached; paragraph 1 provides for approval by
the co~dominium associations for any other uses and
paragraph 2(b) governs room use.
MOTION:
Moved:
Vote:
To approve agreement for use of the Donahue
Building as amended, and return it to the Point
Tiburon Condominium Associations for their
signatures.
Logan, Seconded by Mayberry
AYES: Unanimous
TOWN COUNCIL MINUTES #813
10-19-88
Page 7
H. COUNCIL, COMMISSION OR COMMITTEE REPORTS
There were none.
I. COMMUNICATIONS
Ltr. to Mayor Duke from Joan Bergsund Regarding Downtown
Area Master Plan, dt'd. 10-6-88
Accepted as informational item.
Ltr. to Town Council from Michael Cassidy Regarding
Reconsideration of Town's Sprinkler Ordinance, dt'd.
10-13-88
Council reaffirmed their previous policy to support the Fire
District's ordinance which requires all new single family
residences to have a fire sprinkler system. Council also
agreed that Mr. Cassidy would have to request an exemption
from the Fire District.
J . STAFF AND TOWN MANAGER REPORTS
Status of Development Grading and Construction in
Tiburon (Oral Report by Town Engineer)
The Town Engineer gave a progress report on the following
projects: Somner, Venne, LaCresta, Acacia, Tiburon Shores,
Ring Mountain, Del Madera #2, Highlands, Perini Phase II and
Belveron Drainage.
K. ADJOURNMENT
There being no further business before the Town Council of
the Town of Tiburon, Mayor Duke adjourned the meeting at
10:15 P.M. to Tuesday, October 25, 1988 at 7:00 P.M.
Executive Session and 7:30 P.M. adjourned meeting
,~'-----:><'c_;:'<<.A.'"",,,__~
-'" ,.'
LAWRENCE Y,/~' DUKE, MAYOR
Town ~iburon
ATTEST:
R. ~~AGER/CLERK
TOWN COUNCIL MINUTES #813
10-19-88
Page 8
TOWN COUNCIL
MINUTES
CLOSED SESSION
Mayor Duke called the Closed Session of the Town Council of
the Town of Tiburon to order at 6:35 P.M. to discuss
litigation.
CALL TO ORDER
Vice-Mayor Shaw called the regular meeting of the Town
Council of the Town of Tiburon to order at 7:50 P.M.,
Wednesday, October 5, 1988 in the Tiburon Lodge, Tiburon,
California.
A. ROLL CALL
PRESENT:
COUNCILMEMBERS:
Coxhead, Logan, Shaw,
Mayberry, Duke (7:55 P.M.)
ABSENT:
COUNCILMEMBERS:
None
EX OFFICIO:
Town Manager Kleinert,
Police Chief Herley,
Town Engineer Bala,
Supt. of Public Works
Brunini, Planning Director
Lohman, Assistant Town Clerk
Hennessy
B. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES
There were none.
C. PUBLIC QUESTIONS AND COMMENTS
MEASURE A
Al Curtis, Apollo Road, opposed Measure A, a sales tax, the
proceeds of which will be used to fund a County jail;
introduced Bob Griswold, Co-Chairman of Marin Advocates for
Justice. Mr. Griswold spoke in opposition to Measure A.
Mayor Duke arrived (7:55 P.M.).
BELVERON HOMEOWNER ASSOCIATION
Don Batten, President of Belveron Homeowners Association,
thanked the Town Council and specifically the Town Engineer
Stan Bala and Superintendent of Public Works Lou Brunini for
the curb and gutter work performed on Mercury Avenue.
TOWN COUNCIL MINUTES #812
10-5-88
Page 1
AAA PEDESTRIAN SAFETY AWARD PRESENTATION - Chris West
Mr. Chris West presented the Town of Tiburon with a
pedestrian safety award for 1987.
D. CONSENT CALENDAR
Item No 1, Approval of Minutes #809, & #810; Item No.3,
Accept Quit Claim Deed - Hobbs Property, and Item No.4,
Perini Phase II Final Map were removed from the Consent
Calendar.
MOTION: To approve the Consent Calendar consisting of the
following items:
1. APPROVAL OF MINUTES #811, September 21, 1988
2. ACCEPT QUIT CLAIM DEED - (Reed Ranch Road - Resolution)
5. TIBURON SHORES II FINAL MAP - Resolution
Moved: Coxhead, Seconded by Mayberry
Vote: AYES: Unanimous
Item No 1, Approval of Minutes #809, & #810 were continued
to the next meeting.
E. PUBLIC HEARINGS
6. TEMPORARY USE PERMIT (Kol Shofar - Request to Hold
Classes - Resolution)
The Planning Director reviewed the Staff report.
Kenneth Brown, President of Kol Shofar, stated the request
to use their facilities is outlined in a letter dated
6-16-88, from the Marin Jewish Community Center and the
Older Adult/Adult programs, days and hours of operations are
enumerated.
The Mayor opened the public hearing. There being no
comments, the Mayor closed the public hearing.
MOTION: To adopt a Resolution Approving a Use Permit
Amendment to Allow Temporary Adult Meetings at 215
Blackfield Drive (Congregation Kol Shofar)
Moved: Mayberry, Seconded Coxhead
Vote: AYES: Unanimous
4. PERINI PHASE II FINAL MAP - Resolution
Councilmember Mayberry expressed concern that there had been
changes in the map; the Town Engineer stated he was not
aware of any changes; stated there are two extra roads on
the project, one has already been abandoned and the other
will be used for maintenance of the silting basin, but will
remain unpaved.
TOWN COUNCIL MINUTES #812
10-5-88
Page 2
Councilmember Coxhead noted an incorrect street name on
Sheet 2.
Ken Cohen, Collette & Ericson, attorneys for Perini Land &
Development Co., stated the approval of the Final Map is a
ministerial act of the Town Council; the the Map Act
requires the map to be approved by the Town Council if it
substantially complies with the Tentative Map within two
meetings after it is filed with the Town; this Map was filed
a week before the Council's previous meeting, and should be
approved at this meeting unless it doesn't meet compliance;
if not approved by Council, it is automatically approved by
law.
The Town Engineer noted that no street names appear on the
Tentative Map and this map is in compliance.
MOTION: Change Resolution to indicate this is not a Final
Map but a flat map and there are discrepancies.
Moved: Shaw
Motion fails for lack of a second.
MOTION: To adopt Resolution Approving the Final Map for the
Perini Phase II Precise Subdivision.
Moved: Logan, Seconded by Duke
Vote: AYES: Logan, Coxhead, Duke
NOES: Shaw, Mayberry
7. USE PERMIT (Laundromat, 1680 Tiburon Blvd. - Collins -
Resolution)
The Planning Director reviewed the Staff report.
The Mayor opened the public hearing. There being no
comments, the Mayor closed the public hearing.
MOTION: To adopt Resolution of the Town Council Approving
a Use Permit for a Self-Service Laundromat at 1690
Tiburon Blvd. (Mantegani)
Moved: Mayberry, Seconded by Shaw
There was some discussion regarding modifying condition #4
so that signs at 1680 and 1690 Tiburon Blvd. would be
reviewed in conjunction with this application; the Planning
Department to research their records and make sure there has
been approval for all the signage of these two buildings.
Vote: AYES:
Unanimous
TOWN COUNCIL MINUTES #812
10-5-88
Page 3
8. USE PERMIT (Main Street Properties, Office Space, 130
Main Street - Resolution)
The Planning Director reviewed the application. Dennis
Perkins, Main Street Properties, present to answer
questions.
The Mayor opened the public hearing. There being no
comments, the Mayor closed the public hearing.
MOTION: To adopt Resolution Approving a Use Permit to
Change the Use of 130 Main Street from
Residential/Office to Office (Main Street
Properties)
9. APPEAL BOARD OF ADJUSTMENTS & REVIEW DECISION (New
Residence 152 Hacienda Drive)
The Planning Director reviewed the Staff report, and stated
there was a correction on the map regarding the location of
the easement.
Extensive discussion ensued regarding whether the easement
was on a private drive or a private roadway; who had
permission to use it; the Town's policy not to allow more
than three homes on a private drive, and the possibility
that this road would be extended in the future at the
expense of the property owners.
Robert Larsen, 142 Hacienda, stated the neighbors were
appealing the plans for 152 Hacienda Drive on the basis of
permanent and improper construction of the driveway
easement; gave Council exhibits; stated there is a driveway
easement that starts on parcel 25 and continues for about
five lots ending on parcel 31 which is the appellants; this
easement is 25 years old and allows for access over it for
the owners of these five parcels; up to now it has not been
fully used; the applicant proposes to erect a 4' high stone
wall across the easement; read from a five page letter from
an attorney which stated that if the wall is built and
remains in place for five years, our rights to the easement
are extinguished; two other attorneys have reviewed this
opinion, and concur; stated if the Council approved this
application the other residents will probably have to start
a law suit.
Marylyn Siewert, 146 Hacienda Drive, stated Hacienda was a
private road with an easement to get to property beyond;
concerned about the location of the den; the applicants are
confining their circulation area; other concern is the
visual aspect of the den; storypoles indicate the den will
include the entire visual area of the driveway; felt there
was a lot of space that can be reorganized so that the
neighbors won't feel boxed in at the end of the driveway;
each entryway is private; this proposal wraps around the
private front yard of the Chinn house; visually offends us
TOWN COUNCIL MINUTES #812
10-5-88
Paqe 4
and changes the atmosphere of the driveway; the den should
be eliminated or enclosed in the main house.
Charles Reasoner, architect, showed Council plans dated
September 30, 1988 and stated they would be willing to move
the retaining wall off the easement; it would create a
tighter turnaround, but still adequate ; if the driveway
continues to Hacienda, the turnaround won't be needed. Mr.
Reasoner showed Council montage of photographs showing
sequence of approach into the driveway.
Councilmember Logan expressed concern from an aesthetic
appearance that the west side of the house presented a
massive wall. Mr. Reasoner stated that side of the house is
about 25-30' from the adjacent house and they didn't want
any activity.
The Mayor opened the public hearing.
Krista Keeling, 144 Hacienda, stated this proposal makes a
strong impact on their house; the plans had been accepted
because they stated they had moved the den 3'; the plans now
reflect only 2'. In response to the Mayor, she stated the
photographs presented by the architect was a fair
representation of the area.
Mr. Chinn, 150 Hacienda, felt very strongly about the den;
originally it was a tower; didn't make much difference to
them because both severely impact their front yard and
intrudes on their privacy and sense of space; the house is
enormous; if the den is moved inside the house, it will have
a view of San Francisco Bay; there is now a sense of
conformity of the four houses on the drive.
Peter Siewert, 146 Hacienda, thought the easement should be
extended; asked Council to refer the matter back to the BAR
and ask them to come up with a better design. Councilmember
Logan asked how practical would it be to extend the easement
on such a steep slope, and Mr. Siewert stated an engineer/
architect on the BAR thought it was possible; it would
obviously be expensive.
Councilmember Coxhead stated he felt the house should be
designed in such a manner so that there will be a proper
turnaround; it's not just fire and garbage trucks that have
to back out of the driveway, but also automobiles; think
it's an unsafe situation and the logical area for the
turnaround is where the den is proposed; don't think the
design is appropriate; think it is invading the privacy of
the neighbors; at the present time the Town doesn't allow
private driveways to serve more than three residences; it is
incumbent upon the Town to approve designs that are
appropriate for the public's health, welfare and safety;
think it should be remanded back to the BAR to review new
plans.
TOWN COUNCIL MINUTES #812
10-5-88
Page 5
Councilmember Logan stated he agreed with Councilmember
Coxhead's comments; understood what the architect was trying
to do but felt that from an architectural, aesthetic and
privacy standpoint, didn't think it's the best design;
remand it back to the BAR and have the architect resolve
this problem.
Councilmember Mayberry stated she was concerned about the
safety of the drive; would like to see the road go through
before this house is built; thought it was generous of the
architect to move the wall off the easement, but it didn't
solve the problem of the turnaround which means moving the
den somewhere else.
Vice-Mayor Shaw had no further comments.
MOTION: Uphold the appeal and remand this item to the Board
of Adjustments & Review to permit applicant to come
up with an improved design taking into
consideration the Town Council's comments tonight.
Moved: Logan, Seconded by Coxhead
Councilmember Mayberry suggested that the applicant be given
the opportunity to make the design satisfactory to his
neighbors. Logan approved the amendment.
AMENDED MOTION:
Uphold the appeal and remand this item to
the Board of Adjustments & Review to
permit applicant to come up with an
improved design taking into consideration
the Town Council's comments tonight; that
the applicant be given the opportunity to
make the design satisfactory to his
neighbors.
Vote: AYES:
Unanimous
10. APPEAL BOARD OF ADJUSTMENTS & REVIEW DECISION (New
Residence, 1778 Vistazo West)
The Planning Director reviewed the Staff report.
Peter Pedersen, landscape architect representing the
applicant, stated the privacy issue stemming from window
locations and siting of the two houses has been resolved;
they had reached agreement with the neighbor Mr. Heath and
that a substantial landscape buffer will address site lines
into the two houses; an upper window will be reduced to 2'
in width, and windows previously removed from the plan that
were not in question by Mr. Heath will be reinstated.
In response to Councilmember Logan, Mr. Pedersen stated they
would like to submit landscape plans to Staff with Mr.
Heath's signed approval, and to amend plans to show windows
adjusted; they will use mature plants 16 to 18' tall.
TOWN COUNCIL MINUTES #812
10-5-88
Page 6
Mr. Heath, 1770 Vistazo, stated his concern has always been
the privacy issue and Mr. Pedersen has convinced him that
his landscaping plan will protect our privacy.
In response to Councilmember Logan, Mr. Pedersen stated they
are looking into ways to guarantee the mature plants will be
surviving in a year and if not we will replace them with
more mature stock.
Councilmember Logan stated he wanted to insure that the new
homeowners would replace any plants that don't survive in a
year.
The Mayor opened the public hearing. There being no
comments, the Mayor closed the public hearing.
Extensive discussion ensued regarding procedures to be
followed regarding the BAR denial, and the new landscaping
agreement reach with the neighbor who had objected to the
application.
Jim Kritchever, applicant, asked the Council to approve the
plans; stated all the neighbors had signed off on the design
of the house which was never an issue; it was solely a
privacy issue and we have effectively eliminated that
concern.
Jud Moorhouse, Chairman of the BAR, stated the Board didn't
focus on the design because they couldn't resolve the
privacy issue.
MOTION: To approve application subject to the applicant
carrying through with the agreement he has reached
with the adjoining neighbor, Mr. Heath, and he
bring the approved plans to the Planning Department
with Mr. Heath's signature approving those plans
and upon receipt of the plans by the Planning
Department they be deemed approved by the Council.
Moved: Logan, Seconded by Mayberry
Councilmember Coxhead opposed the motion; stated the
application has not been approved by the BAR; thought it
should be returned to the BAR.
Councilmember Logan stated it was his understanding everyone
in the neighborhood had signed off on the design and the
only issue before the BAR was the privacy concern; based on
these circumstances, didn't think it was necessary to return
the item to the BAR.
The Planning Director stated it has been brought to his
attention by Mr. Moorhouse that a variance is needed.
Councilmembers Logan and Mayberry withdrew the motion.
TOWN COUNCIL MINUTES #812
10-5-88
Paqe 7
MOTION: continue the appeal and the application be
remanded back to the Board of Adjustments and
Review for their consideration of the proposed
changes and any other matters related to the
application.
Moved: Logan, Seconded by Mayberry
Vote: AYES: Unanimous
11. MULTI USE PATH REGULATIONS (Establish Rules &
Regulations for Multi-Use Path, Ordinance, 2nd Reading)
The Town Manager reviewed the Staff report; fines have been
included in the ordinance.
The Mayor opened the public hearing.
Randy Greenberg, Norman Way, suggested that bikes be
prohibited from using the unpaved portion of the multi-use
path.
Section 2, Title 6 (a), was amended to read: "The following
uses shall be permitted on the paved portion of that certain
multi-use path...".
MOTION:
Moved:
Vote:
To read by title only.
Logan, Seconded by Mayberry
AYES: Unanimous
The Mayor read AN ORDINANCE OF THE TOWN OF TIBURON AMENDING
TITLE 6, CHAPTER 13 OF THE TIBURON MUNICIPAL CODE TO
REGULATE THE USE OF THE MULTI-USE PATH.
MOTION:
Moved:
Vote:
To adopt the aforementioned ordinance as amended.
Coxhead, Seconded by Mayberry
AYES: Coxhead, Logan, Mayberry, Shaw, Duke
NOES: None
F. UNFINISHED BUSINESS
12. JAMPOLSKY ANNEXATION TO RICHARDSON BAY SANITARY DISTRICT
(Consideration by LAFCo Pending Agreement with the Town
of Tiburon)
The Mayor stated that Dr. Jampolsky is asking for a waiver
of the LAFCo dual annexation policy and in return he will
submit an application that will conform to the Town of
Tiburon's Land Use Element of the Draft General Plan for
four units; this agreement will be put in writing.
MOTION: To not require the dual annexation policy if the
Jampolsky application is in conformance with the
proposed General Plan Land Use Element
Moved: Shaw, Seconded by Duke
Vote: AYES: Unanimous
TOWN COUNCIL MINUTES #812
10-5-88
Page 8
G. NEW BUSINESS
13. COUNCIL CHAMBERS RELOCATION (Change Location of Meetings
to Del Mar School - Ord., 1st Reading)
The Mayor opened the public hearing. There being no
comments, the Mayor closed the public hearing.
MOTION:
Moved:
Vote:
To read by title only.
Logan, Seconded by Mayberry
AYES: Unanimous
The Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON AMENDING SECTION 20-1 OF ARTICLE I OF THE TIBURON
TOWN CODE.
MOTION: To pass first reading of the aforementioned
Ordinance.
Moved: Coxhead, Seconded by Mayberry
Vote: AYES: Coxhead, Logan, Mayberry, Shaw, Duke
NOES: None
14. SMOKING POLLUTION CONTROL (Consider Need for Regulation
of Second Hand Smoke)
The Town Manager reviewed the Staff report; the Marin County
Grand Jury report has made a proposal that cities who have
ordinances regulation smoking should review them and cities
without ordinances should consider adopting an ordinance
patterned after their model ordinance which regulates
smoking in public places.
Council directed Staff to send the model ordinance to the
Chamber of Commerce, direct Town Attorney's office to review
it; set a public hearing the first or second meeting in
November to consider the model ordinance; notify all
homeowner associations.
H. COUNCIL, COMMISSION OR COMMITTEE REPORTS
I. COMMUNICATIONS
a. Ltr~ from Tiburon peninsula Club, dt'd. 9-24-88
Requesting an EIR & Master Plan for Jay/ Schoenfeld/
New Town Hall Site.
The Planning Director stated both the Harroman and Jay
applications have been deemed complete and he is
determining their EIR requirements. They are two
separate EIRs at this point. The Mayor suggested the
TPC should submit their improvement plans now; directed
Staff to consult the Town Attorney about combining the
EIRs.
TOWN COUNCIL MINUTES #812
10-5-88
Page 9
b. Ltr. from Andrew Allen, dt'd. 9-23-88 Requesting
Consideration of a Geological Hazard Abatement District
for the Jay/Schoenfeld Properties.
Council felt the EIRs will address concerns of this
letter and the previous correspondence; directed Staff
to talk to the two letter writers.
Terry Cullen, Esq., representing Leonard Jay
development, stated if the Town initiates a geological
study then the Town will have to pay for it; they are
awaiting the determination of the scope of their EIR.
c. ABAG Housing Needs Determinations dt'd. 9-15-88
Accepted as information.
3. ACCEPT QUIT CLAIM DEED - (Portion of Former Northwestern
Pacific Railroad Right-of-Way - Hobbs Property)
Councilmember Mayberry asked for a clarification. The Town
Manager explained this Resolution was in conformance with
previous Town Council approvals.
MOTION: To adopt Resolution Accepting Quitclaim Deed for
Portion of the Former Northwestern Pacific Railroad
Right-of-Way
Moved: Mayberry, Seconded by Duke
Vote: AYES: Unanimous
J . STAFF AND TOWN MANAGER REPORTS
NEW TOWN HALL SPECIAL MEETING
Council set October 25, 1988, 7:30 P.M., for consideration
of the New Town Hall Committee report and recommendations.
DONAHUE BUILDING
The Town Manager reported the Point Tiburon Bayside
Condominium Associated wanted "Town use" clarified and the
Agreement now reflects "elected and appointed officials of
the Town". The Recreation Committee wants a letter form the
Town Manager that states if things don't work out, the
Recreation Department can return to Town Hall or another
location will be found for them.
TOWN COUNCIL MINUTES #812
10-5-88
Page 10
K. ADJOURNMENT
There being no further business before the Town Council of
the Town of Tiburon, Mayor Duke adjourned the meeting at
11:10 P.M. sine die.
,_~~-~~~ /:-rdJ-
LAWRENC~~~;/~UKE, MAYOR
Town of:~uron
ATTEST:
TOWN COUNCIL MINUTES #812
10-5-88
Page 11
TOWN COUNCIL
MINUTES
CLOSED SESSION
Mayor Duke called the Closed Session of the Town Council of
the Town of Tiburon to order at 6:30 P.M. to discuss current
litigation, potential litigation, whether to initiate
litigation and personnel matters.
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,
September 21, 1988 in the Tiburon Lodge, Tiburon,
California.
A. ROLL CALL
PRESENT:
COUNCILMEMBERS:
Coxhead, Logan, Shaw,
Mayberry, Duke
ABSENT:
COUNCILMEMBERS:
None
EX OFFICIO:
Town Manager Kleinert,
Deputy Town Attorney Blakely,
Police Chief Herley,
Town Engineer Bala,
Supt. of Public Works
Brunini, Planning Director
Lohman, Assistant Town Clerk
Hennessy
B. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES
There were none.
C. PUBLIC QUESTIONS AND COMMENTS
CLOSED SESSION AGENDA
The Mayor announced that a Supplemental Closed Session
Agenda had been posted to reflect Item 4, Based on existing
facts and circumstances the Town Council has decided to
initiate or is deciding whether to initiate litigation
according to Government Code Section 54956.9(c). The Town
Council will resume their Closed Session following the
regular Town Council meeting.
MARSH RESTORATION PROGRAM
Stewart Hopkins asked the status of the Marsh Restoration
Program, and the Mayor directed Staff to contact Mr.
Hopkins.
TOWN COUNCIL MINUTES #811
9-21-88
Page 1
D. SPECIAL COMMITTEE REPORTS
GENERAL PLAN/EIR STATUS AND HEARING SCHEDULE - (J. Lohman
and T. Watt)
The Mayor introduced Terry Watt of Shute, Mihaly, &
Weinberger, General Plan attorneys.
The Planning Director stated the DEIR will be distributed on
Friday to the Town Council and Planning Commission, and the
EIR Consultant will make a presentation to the Planning
Commission and public on Wednesday, September 28.
Terry Watt suggested the Planning Commission consider and
review the General Plan in conjunction with the DEIR; stated
it was critical that the DEIR not be certified prior to
action on the General Plan.
Councilmember Mayberry expressed concern that the public
will become confused if reviewing both documents at the same
time. The Planning Director stated Staff would make it
clear which document was being addressed and corrected. It
was the consensus of the Council that this procedure should
be followed.
NEW TOWN HALL COMMITTEE REPORT AND RECOMMENDATIONS -
(Chairman Wilson)
Chairman Wilson distributed reports prepared by the New Town
Hall Committee to the Council, Staff and audience, and
reviewed the reports. The Committee unanimously recommended
the New Town Hall be built at Mar West and Tiburon
Boulevard. The Mayor thanked the Committee for their hard
work and stated he would work with Staff to set up public
hearings to review the site selection, program content and
design competition.
E. CONSENT CALENDAR
MOTION: To approve the Consent Calendar consisting of
the following items:
1. ACCEPTANCE OF BELVERON DRAINAGE EASEMENTS - Resolution
2. "COASTWEEKS" and "ADOPT-A-BEACH COASTAL CLEANUP DAY" -
September 17 through October 10, 1988 and Saturday,
October 1, 1988 - Resolution
3. MARIN STREET LIGHT ACQUISITION JOINT POWERS AUTHORITY
(Approve Second Amendment to the JPA Agreement)
Moved: Mayberry, Seconded by Logan
Vote: AYES: Unanimous
TOWN COUNCIL MINUTES #811
9-21-88
Page 2
F. PUBLIC HEARINGS
4. FINAL MAP PROCESSING (Revise Procedures - Urgency
Ordinance)
The Planning Director reviewed the Staff report which
recommended that the Planning Commission no longer review
Final Maps; that revisions have been made to the Subdivision
Map Act which have shortened the time frame within which
local governments must take action on Final Map applications
creating the potential for automatic approval of Final Maps
without appropriate Town Council review.
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 Logan
AYES: Unanimous
The Mayor read AN ORDINANCE OF THE TOWN COUNCIL AMENDING
SECTION 14 OF THE TIBURON TOWN CODE PERTAINING TO
SUBDIVISIONS OF LAND.
MOTION:
Moved:
Vote:
To adopt the aforementioned Urgency Ordinance.
Coxhead, Seconded by Mayberry
AYES: Coxhead, Logan, Mayberry, Shaw, Duke
5. MULTI USE PATH REGULATIONS (Establish Rules &
Regulations for Multi-use Path, Ord., 1st Reading)
The Town Manager stated there have been several accidents
caused by high speed bicyclists who use the path in a manner
of disregard for others; the most recent accident was the
subject of a letter from Richard Kalish of Belvedere.
In response to Vice-Mayor Shaw, the Police Chief stated this
ordinance would provide the means of enforcement if someone
is riding in a dangerous or reckless manner; would like to
take a proactive approach to educate users of the path;
other cities use signs and fliers.
The Mayor opened the public hearing. There being no
comments, the Mayor closed the public hearing.
Councilmember Logan asked that a heavy fine be included in
the ordinance. Discussion ensued and it was agreed to amend
the ordinance to reflect: Subsection G. Violation shall be
in infraction...and punishable by a fine of up to $100 for
the first violation, and up to $250 for a second infraction.
MOTION:
Moved:
Vote:
To read by title only.
Logan, Seconded by Mayberry
AYES: Unanimous
The Mayor read AN ORDINANCE OF THE TOWN OF TIBURON AMENDING
TITLE 6, CHAPTER 13 OF THE TIBURON MUNICIPAL CODE TO
REGULATE THE USE OF THE MULTI-USE PATH.
TOWN COUNCIL MINUTES #811
9-21-88
Page 3
MOTION: To pass first reading of the aforementioned
ordinance as amended to include fines.
Moved: Mayberry, Seconded by Logan
Vote: AYES: Coxhead, Logan, Mayberry, Shaw, Duke
G. COUNCIL, COMMISSION OR COMMITTEE REPORTS
PERINI ACCIDENT
Councilmember Mayberry asked Staff for a report on the
construction accident that occurred on the Perini property.
The Chief of Police stated his Department responded at 8:45
A.M. on Friday, September 16; OSHA and the Highway
Department were called to assist; the preliminary report is
that one of the graders slid down the hill and one of the
workmen was killed. The accident occurred on private
property and there was no criminal intent or criminal
negligence.
TOWN'S GRADING POLICY
The Mayor reported that the Highland's development owners
met with neighboring residents to seek permission to grade
extended hours and on weekends in order to finish before
October 15 when the Town requires winterization of the job
site to commence; homeowners are still opposed. The Town
Engineer stated he does recommend the Town permit grading
for a catchment dam in the wooded area where an avalanche
occurred in 1982.
The Council reaffirmed its policy that all grading be
limited to Monday through Friday and between the hours of 8
A.M. and 5 P.M. The Council will reevaluate the policy if
work has not finished by October 1 and the Town Engineer
advises that there is a problem.
H. COMMUNICATIONS
Proposed Fee Ordinances for Waste Management Planning,
Marin County Planning Department, dt'd. 9-8-88
North Bay Division League of California Cities Meeting,
Yountville, Thursday, September 22, 1988
I . ST~F AND TOWN MANAGER REPORTS
There were none.
J. CLOSED SESSION
Mayor Duke reconvened the Closed Session of the Town Council
of the Town of Tiburon at 9:20 P.M. to continue discussion
of litigation matters.
TOWN COUNCIL MINUTES #811
9-21-88
Page 4
K. ADJOURNMENT
There being no further business before the Town Council of
the Town of Tiburon, Mayor Duke adjourned the meeting at
10:15 P.M. sine die.
ATTEST:
R. ~~~AGER/CLERK
TOWN COUNCIL MINUTES #811
9-21-88
Page 5
TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Duke called the adjourned meeting of the Town Council
of the Town of Tiburon to order at 7:37 P.M., Monday,
September 12, 1988 in the Tiburon Lodge, Tiburon,
California.
A. ROLL CALL
PRESENT:
COUNCILMEMBERS:
Coxhead, Logan, Shaw,
Duke
ABSENT:
COUNCILMEMBERS:
Mayberry
EX OFFICIO:
Town Manager Kleinert,
Police Chief Herley,
Supt. of Public Works
Brunini, Planning Director
Lohman
B. PUBLIC QUESTIONS AND COMMENTS
There were none.
C. CONSENT CALENDAR
MOTION: To approve the Consent Calendar consisting of the
following items:
1. ACCEPTANCE OF BELVERON DRAINAGE EASEMENTS (To Install
Storm Drain Per Approved Master Plan for Belveron Area)
MOVED: Coxhead, Seconded by Logan
The Town Manager advised Council that Staff will prepare a
Resolution for the next regular meeting defining the
specific easements.
Vote: AYES: Unanimous
ABSENT: Mayberry
TOWN COUNCIL MINUTES #810
9-12-88
Page 1
D. PUBLIC HEARINGS
2. APPEAL BOARD OF ADJUSTMENTS & REVIEW DECISION (Masson -
One Reserva Lane - Variance Request)
Mayor Duke noted this was a continued public hearing from
the September 7, 1988 regular meeting.
Paul Nathan, applicant, objected to the hearing being held
on Rosh Hashanah, Jewish holiday. Mayor Duke questioned why
Dr. Nathan did not object last week at the meeting when the
continued hearing was rescheduled. Councilmembers Coxhead
and Shaw stated they were not aware it was a Jewish holiday
but were of the opinion that the hearing should proceed.
Mayor Duke requested that the previous testimony of Dr.
Nathan at the September 7 meeting be considered as part of
this entire public hearing record.
Dr. Nathan stated that he had previously presented various
facts and a survey by a licensed surveyor to the Town
regarding the property and that this information has been
ignored. He indicated that Mr. Masson cannot satisfy the
necessary findings for a variance as required by the Zoning
Ordinance.
Councilmember Logan questioned Dr. Nathan concerning his
interpretation of the definition of a variance..and asked
whether he considered the Masson home now exceeded the
Town's height limit.
Dr. Nathan stated he has been mislead in the past concerning
the proposed construction and there was a problem due to the
lack of story poles.
Councilmember Logan asked again whether Dr. Nathan had
previously agreed in writing to certain improvements to the
property as proposed by the applicant; he inquired as to why
Dr. Nathan did not acknowledge the written and signed
statement to that fact which is now part of the record.
Dr. Nathan then reviewed the written statement and read a
portion of the statement which he had previously approved
and signed.
Dr. Nathan stated there has been considerable discrepancies
in previous surveys of the Masson property; stated there
were soils reports submitted in 1982, 1985 and 1987,
however, in 1985 and 1987 they were only site visits
confirming the 1982 soils study. Dr. Nathan wanted proof
and documentation that the proposed construction on the
Masson property will not result in future slides or affect
the stability of the land in the surrounding area.
TOWN COUNCIL MINUTES #810
9-12-88
Page 2
Dr. Nathan was very concerned about the size and bulk of the
Masson proposal and would still like to see story poles
which would define the height and mass of the proposed
building.
Matt Masson, applicant, presented two models for the Town
Council's consideration to accompany his presentation. He
provided a survey of the property which was prepared the
previous week by surveyor Grippi. Mr. Masson indicated that
the only issue at this time is the height of the proposed
improvements; all other issues had been previously addressed
and approved by the Town. Mr. Masson stated he had reviewed
the proposed changes in the roof line with Dr. Nathan's
architect who indicated he supported the changes.
Mayor Duke questioned Mr. Masson regarding Dr. Nathan's
concerns pertaining to soils stability and properly
engineered foundations. Mr. Masson confirmed these issues
have all been addressed, satisfied and are documented in the
files.
The Town Manager presented the Town Council with copies of
the Masson construction permit application, and various
correspondence from the soils engineer and civil engineer
regarding the project.
Councilmember Logan referred to a diagram prepared by Alan
Royce of Altamount Land Surveyors, Inc. dated November 12,
1987 which raises the question as to whether the height of
the building did exceed 36' and would therefore require a
variance.
MOTION: To deny the appeal and uphold the decision by the
Board of Adjustments and Review regarding approval
for One Reserva Lane improvements.
Moved: Logan, Seconded by Coxhead
Councilmember Coxhead stated that the models and other
height limit indicators have been more than adequate to
demonstrate that the overall mass and bulk of the
improvements are less than what Dr. Nathan had previously
approved; that a variance should not be required if the
total height, is under the 36' height limit and the BAR
findings should be included as part of the record.
Vice-Mayor Shaw expressed some procedural and story pole
concerns in regard to this matter.
Councilmember Coxhead noted that story poles had been
previously erected on the property and it is standard policy
of the BAR that story poles mayor may not be required for
certain construction; each application is considered on its
own merits.
TOWN COUNCIL MINUTES #810
9-12-88
Page 3
Councilmember Logan stated Dr. Nathan has had an adequate
opportunity over the last meeting and this evening to
present whatever evidence he wanted to present to the
Council. Councilmember Logan stated he had sat on the BAR
during the original application and Dr. Nathan was satisfied
his view corridor would be preserved to an adequate degree;
it's clear from the architectural plans submitted that the
proposed alternative is far superior to the prior design;
requested the models become part of the record to which the
applicant agreed; stated he thought the findings exist and
evidence is in the record that clearly shows that findings
can be made for the variance; wanted to modify his motion.
Moved:
Vote:
Logan,
AYES:
NOES:
ABSENT:
To deny the appeal and support the Board
of Adjustments and Review regarding
approval for One Reserva Lane
improvements; the BAR vote on its issuance
of a variance, and alternatively, on the
ground the BAR and Town Council have the
power and authority under the Zoning
Ordinance to approve any structure up to
36' and if a court were to determine down
the road that evidence did not exist
supporting the findings for the variance
that it would deem this alternative to be
sufficient.
Seconded by Coxhead
Coxhead, Logan, Duke
Shaw
Mayberry
AMENDED MOTION:
E. NEW BUSINESS
3. DONAHUE BUILDING USES (Approve Agreement between Town
and Point Tiburon Condominium Homeowner Associations)
Councilmember Logan discussed the provisions of the proposed
agreement between the Point Tiburon Condominium Associations
and the Town in regard to the Donahue Building. He noted
one correction in Section 2(b) which should read 8 A.M. to
10:30 P.M.
Mayor Duke indicated he would support the proposed agreement
as a first step in the Town's efforts to consider the long
range use(s) of the Donahue Building. A more definitive
understanding of the long range use(s) should be achieved by
the termination of this agreement next year.
MOTION:
Moved:
Vote:
To approve the proposed Agreement between the Town
and the Point Tiburon Condominium Associations
concerning the uses of the Donahue Building.
Logan, Seconded by Coxhead
AYES: Unanimous
ABSENT: Mayberry
TOWN COUNCIL MINUTES #810
9-12-88
Page 4
F. STAFF AND TOWN MANAGER REPORTS
4. Town Council Meeting Procedures (Oral Report and
Recommendations by Town Manager)
The Town Council reviewed the Town Manager's recommendations
and discussed meeting times for Closed and public sessions.
Vice-Mayor Shaw expressed some concern regarding land use
and design review matters. Councilmember Logan suggested a
subcommittee of Vice-Mayor Shaw and himself meet with
representatives of the BAR to consider improved policies and
procedures.
5. Point Tiburon Plaza Commercial Square Footage (Status
Report)
The Town Council accepted the report without discussion.
6. Illegal Second Units (Status Report)
The Town Council accepted the report without discussion.
Vice-Mayor Shaw requested this matter be agendized in the
future. The Mayor referred this matter to Town Staff.
7. Temporary Use Permits for Downtown Parking Lots (Status
Report)
The Town Council directed Staff to review the status of
temporary use permits for the downtown parking lots.
However, in regard to the Boardwalk parking lot, Council
directed they be allowed to continue operation while their
application for a temporary use permit is being processed.
GRADING PERMITS
The Council directed Staff that in the future all grading
work be restricted to those hours as set forth in the
Subdivision agreements and construction hours ordinance, and
that the Town Manager only consider an exception when an
actual emergency situation or condition exists. The Town
Manager advised that unless he is advised by the Town
Engineer or Superintendent of Public Works there is a
specific threat to the public safety, health or welfare,
there will be no exceptions.
ABAG MEETING
Vice-Mayor Shaw advised he would attend the ABAG Executive
Board meeting on Thursday, September 15, and questioned the
Council regarding Tiburon's share of the regional housing
needs.
G. CLOSED SESSION
TOWN COUNCIL MINUTES #810
9-12-88
Page 5
There being no further business before the Town Council of
the Town of Tiburon, Mayor Duke adjourned the meeting at
10:05 to Closed Session.
H. ADJOURNMENT
There being no further business before the Town Council of
the Town of Tiburon, Mayor Duke adjourned the meeting at
11 P.M. sine die.
ATTEST:
R. L4~R/CLERK
TOWN COUNCIL MINUTES #810
9-12-88
Page 6
TOWN COUNCIL
MINUTES
CLOSED SESSION
Mayor Duke called the Closed Session of the Town Council of
the Town of Tiburon to order at 7:00 PM to discuss
litigation.
CALL TO ORDER
Mayor Duke called the regular meeting of the Town Council
of the Town of Tiburon to order at 8:30 PM, Wednesday,
September 7, 1988 in the Tiburon Lodge, Tiburon, California.
A. ROLL CALL
PRESENT:
COUNCILMEMBERS: Coxhead, Logan, Shaw, Duke
ABSENT:
COUNCILMEMBER: Mayberry
EX-OFFICIO:
Town Manager Kleinert,
Police Chief Herley,
Planning Director Lohman,
Town Engineer Bala,
Public Works Supt. Brunini,
Attorney Blakley, Minute
Clerk Stultz
B. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES
There were no appointments at this time.
C. INTRODUCTION OF NEW POLICE DEPARTMENT PERSONNEL
Chief of Police Herley introduced Mr. Barry Bolduc, Tiburon
Police Officer hired September 7, 1988. Chief Herley then
explained that the Police Department recently under went an
interdepartmental reorganization and introduced Captain
Steve Lewis, Sergeant Tom Aiello, Corporals Laura Judd,
Dave Hutton and Peter Tomaszewski.
D. PUBLIC QUESTIONS AND COMMENTS
Mr. Henry Hill, Bel Air Homeowners Association reported on
the Cypress Hollow development proposal before the County.
He expressed his concern over the impacts of the 43 unit
proposal as it relates to density, traffic impacts on the
Cecilia Drive/Blackfield Drive intersection, Cove Shopping
Center intersection and the Tiburon Blvd./Blackfield Drive
intersection. He expressed concern that the County is
totally ignoring the Town's residents request that the 20
unit alternative be considered. He requested that the Town
TOWN COUNCIL MINUTES #809
SEPTEMBER 7, 1988
PAGE 1
pursue this matter in the courts if the County is not
willing to listen to the Town. He stated the residents in
Bel Aire are willing to support the Town in any way to help
push for the 20 unit alternative.
Georgiana Stout and David Teather gave a brief report on
the up coming Ayala Day Picnic on Sunday September 25, 1988
at McKegney Green.
Mr. Bill Stewart, Tiburon Hills Homeowners Association
reported that his attorney, Mr. Stein, sent a letter to the
Town Planning Department on August 16, 1988 regarding
various concerns over the Taldan development and questioned
when a response would be received. Mayor Duke noted that
the letter has been given to the Town Attorney and a draft
response will be prepared in approximately two weeks.
Mayor Duke also noted that the Council has directed the
Town Planning staff to inform Taldan that there is no
additional environmental data required prior to processing
their application and that the application will be deemed
complete.
Mr. Stewart stated that in his oplnlon the Ring Mountain
final map filed in June does not appear to be in agreement
with the tentative map included in the development
agreement. He stated it appears several lots are placed in
open space areas. He then presented a letter to the
Planning Director discussing these areas of concern.
Georgiana Stout invited the Council and audience to the
chili cook-off this Saturday, September 10 from 11 Am - 5
PM at the Boardwalk.
Georgiana then read a letter to the Town Council requesting
that a permanent use permit for the Mar West Street parking
lot be issued to Main Street Properties.
E. CONSENT CALENDAR
The following correction was made to Minutes No. 807 of
August 3, 1988:
Page 6, Item 4, Under Motion change the name Long to Logan
The following corrections were made to Minutes No. 808 of
August 17, 1988:
Page 2, Item 5, 6th paragraph change to read "Councilmember
Coxhead stated he could approve the bay windows if there is
a valid survey, but felt the illegal portion of the house
should be abated".
Page 2, last paragraph change $3,00 to $3,000.
-2-
Page 3, last paragraph change "engineering" to "social
engineering".
Page 4, Item 8, third line change "an sewer" to "a sewer"
Page 5, 4th line change Quite Title Action to "Quiet Title
Action".
MOTION:
Moved:
Vote:
MOTION:
to approve minutes No. 807 and 808 as amended
Logan, Seconded by Coxhead
AYES: Logan, Coxhead, Shaw, Duke
NOES: None
ABSENT: Mayberry
to approve the consent calendar consisting of:
2. 1988-89 MASTER SALARY PROGRAM (Resolution
No. 2541)
3. CHALLENGE TO CITY OF BELVEDERE (Ayala Day
Volley Ball Game, Resolution 2542)
4. OLD ST. HILARY'S 100th ANNIVERSARY
Resolution No. 2543)
5. 1988-89 GENERAL OBLIGATION BOND ISSUE (Set
Tax Rate at $.011 per $100)
6. NORMAN SUBDIVISION (Resolution No. 2544)
Moved: Logan, Seconded by Coxhead
VOTE: AYES: Unanimous
ABSENT: Mayberry
F. PUBLIC HEARINGS
7. ORDER TO SHOW CAUSE (Abatement of Nuisance - 83
Eastview - Christensen)
Town Manager Kleinert reported that this matter was before
the Council on its last agenda and at that time the Council
requested the owner of 83 Eastview to provide a survey of
the property. At that time Mr. Christensen indicated he
would not pursue a survey as it was too costly. Therefore
the matter was agendized for this evenings meeting to
provide a public hearing on the nuisance abatement. Since
the last Council meeting Mr. Christensen has contacted
Staff and indicated that the requested survey is underway.
Manager Kleinert indicated that if the survey is indeed
underway, then the matter should be continued to give Mr.
Christensen and opportunity to provide the survey.
Mr. Christensen indicated the survey is being performed by
Lange and Associates. Mayor Duke questioned if 30 days
would be sufficient to complete the survey. Mr.
Christensen indicated he thought 30 days would be enough
time.
MOTION:
To continue the matter until the first meeting in
-3-
Moved:
VOTE:
October with the proviso if Mr. Christensen
obtains a survey in that time it be returned to
the B.A.R. for further consideration
Logan, Seconded by Duke
AYES: Unanimous
ABSENT: Mayberry
Moved:
VOTE:
That Mr. Christensen be permitted to appear
before the BAR pursuant to the prior motion
without having to pay fees for the second
application
Logan Seconded by Duke
AYES: Unanimous
ABSENT: Mayberry
MOTION:
8. APPEAL BOARD OF ADJUSTMENTS & REVIEW DECISION (Masson
- One Reserva Lane - Variance Request)
Planning Director Lohman noted this is an appeal of a BAR
decision to allow an addition at 1 & 3 Reserva Lane which
requires a variance of 2.4 feet over the 30 foot height
limitation. The applicant had originally proposed an
addition that required a variance of 3' over the height
limitation but then modified his plans requiring only a
2.4' variance. The BAR approval is being appealed by Dr.
Paul Nathan, owner of 1994 Centro West based on his belief
that the plans were not accurate; story poles were not
constructed to evaluate the modified design; concern over
land slippage and that the BAR exceeded its authority by
granting the variance. Councilman Logan questioned Staff
if there is a policy that the Board may grant a building
height up to 36' based on grade difficulties of the
building site without requiring a variance. Director
Lohman stated there is such a policy and does not know why
this addition was subject to the variance procedure.
Mayor Duke opened the public hearing.
Dr. Paul Nathan, appellant, spoke on the matter stating
that he did not feel he received adequate noticing of the
hearing and therefore requested a special hearing be
scheduled so he may present his case with his attorney
present. He then reviewed the findings the Board must make
in order to grant a variance stating he does not feel the
Board could make those findings. He then stated there is a
discrepancy regarding the actual height of the addition.
He then reviewed various soils reports expressing his
concern that his home may slide due to the additional
construction.
Councilman Logan questioned if the issues being presented
by Mr. Nathan this evening were issues that were presented
and resolved at the BAR level. Mr. Nathan stated he
wanted evidence that the issues were in fact resolved.
-4-
Councilman Logan then questioned Mr. Nathan several times
if he had signed off on the original addition proposal by
Mr. Mason. Mr. Nathan would not answer the question.
Mr. Mason spoke on the matter requesting that it be
resolved as soon as possible so that construction may begin
prior to the rainy season. He also noted that the issues
raised by Mr. Nathan have been resolved and the only issue
the Council should be dealing with is the appeal of the
2-1/2 height increase and the design of the addition.
Moved:
Vote:
to continue the hearing to Monday, September 12,
1988, to allow the appellant's attorney to be
present
Shaw, Seconded Coxhead
AYES: Coxhead, Shaw, Duke
ABSTAIN: Logan
ABSENT: Mayberry
MOTION:
9. APPEAL BOARD OF ADJUSTMENTS AND REVIEW DECISION
(12 Indian Rock Court - New Residence)
Planning Director Lohman reviewed the appeal of the BAR
decision for a new residence at 12 Indian Rock Court. The
owners of 14 Indian Rock Court are appealing the Board's
decision based on view blockage and improper noticing of
the hearing. The appellants are requesting that the home
be moved 8' further down the hill to maintain their view.
The applicant indicates moving the home 8' down the hill
would make the home exceed the 24' height limitation of the
development. Lohman noted that in regard to the noticing
issue, the owner of record of 14 Indian Rock Court as shown
on the assessor's rolls is Perini Land Company, therefore
the notice was not sent to the new owners of 14 Indian Rock
Court.
Ms. Cecilia Bridges, attorney for the appellants, spoke on
the matter noting that her clients are requesting that the
applicant make a minor change to the siting of the
residence at 12 Indian Rock Court to maintain the existing
views at 14 Indian Rock Court. The appellants are not
opposing the design or size of the home, but just asking
that it be moved 8' down the hill. She noted the
resiting may add a minor additional cost for the
construction of the driveway. Ms. Bridges noted the
appellants submitted a letter to the Board but did not
attend the hearing.
Mr. Egen, TRI Development Corporation, stated to comply
with the appellant's request would increase the number of
steps down to the home, which in his opinion is already
excessive, and would increase the slope of the driveway
from 7.5% to approximately 10%. He stated the resiting
-5-
Being no further business of the Town Council of the Town
of Tiburon, the meeting was adjourned at 1~:00 PM, to
Monday, September 12, 19,~.8 at7: 30 p~ in,Jh_e Tiburon LOdge.
, .. ~t...."""''-''''<'_~' ~/ ~
"---'''. ~ ,"""" /.,-
Lawrence Duke, Mayor
Town of Tiburon
ATT~~
R. L. Kleinert, Town Manager/Clerk
-7-
TOWN COUNCIL
MINUTES
CLOSED SESSION
Mayor Duke called the Closed Session of the Town Council of
the Town of Tiburon to order at 6:35 discuss moratorium
litigation, potential litigation and personnel matters.
CALL TO ORDER
Mayor Duke called the regular meeting of the Town Council of
the Town of Tiburon to order at 8:05 P.M., Wednesday, August
17, 1988 in the Tiburon Lodge, Tiburon, California.
A. ROLL CALL
PRESENT:
COUNCILMEMBERS: Coxhead, Logan, Mayberry,
Duke
ABSENT:
COUNCILMEMBERS: Shaw
EX OFFICIO:
Town Manager Kleinert,
Town Attorney Ragghianti,
Police Chief Herley,
Town Engineer Bala,
Supt. ofl?ublic Works
Brunini, Planning Director
Lohman, Assistant Town Clerk
Hennessy
B. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES
There were none.
C. PUBLIC QUESTIONS AND COMMENTS
Henry Hill, President Bel Aire Improvement Association,
commended the Council for their stand on the Cypress Hollow
Development and presented the Council with a petition signed
by 200 residents opposed to the development as presented to
the County Planning Commission. Evelyn Woo stated the
Association members would be present at the County Board of
Supervisors meeting and wanted to align themselves with the
Town in an effort to reduce the density of the subdivision;
stated the biggest intrusion on their subdivision is the row
of homes adjacent to Blackfield Drive; concerned about the
grading and site plans.
D. CONSENT CALENDAR
A new resolution replaced Item No.2, and two communications
were moved forward.
TOWN COUNCIL MINUTES #808
8-17-88
Page 1
MOTION: To approve the Consent Calendar consisting of the
following items:
1. WORKERS COMPENSATION & RETIREMENT CLAIMS (John
Bailey - Resolution)
2. MARIN COUNTY URBAN SYSTEM COMMITTEE RECOMMENDATIONS FOR
1993 TO 1998 - Resolution
3. LA CRESTA ASSESSMENT DISTRICT (Declaring Surplus in
Improvement Fund - Resolution)
4. ACACIA COURT SUBDIVISION (Final Map - Resolution)
League of California Cities Annual Conference -
Designate Voting Delegate for October 16-19 Conference
Councilmember Mayberry Voting Delegate and Vice-Mayor
Land Use Workshop for Town Council and Planning
Commission Members - Scheduled September 8, 1988
(Councilmember Coxhead to attend)
Moved: Mayberry, Seconded by Coxhead
Vote: AYES: Unanimous
ABSENT: Shaw
E. PUBLIC HEARINGS
5. ORDER TO SHOW CAUSE (Abatement of Nuisance - 83 Eastview
- Christensen)
The Planning Director reviewed the Staff report and asked
direction from Council.
The Mayor opened the public hearing.
Dick Brewer, 87 East View, speaking for himself and three
other neighbors, in favor of abatement.
Chris Christensen stated he called dozens of surveyors who
don't want the job; one offered to do the work for $2,000
plus and could start in a month.
Councilmember Logan stated he didn't feel he could order an
abatement without knowing where the property lines were; had
never felt portions of the house should be abated; believed
he is encroaching on Town property, and that's what has to
be determined; wanted a survey. After some discussion, it
was determined that a survey was needed on the side property
and facing Ark Row.
Councilmember Coxhead stated he could approve the bay
windows if there is a valid survey, but felt the illegal
portion of the house should be abated.
In response to the Mayor, the Town Attorney stated the Town
could not obtain a survey and lien the property; Council
should order him to affect the survey and then abate the
public nuisance.
Mr. Christensen stated he was not going to pay $3,000 for a
survey.
TOWN COUNCIL MINUTES #808
8-17-88
Page 2
The Town Attorney stated if it is the sense of the Council
to order the structure abated, the Council should consider
directing Staff to prepare a resolution for appropriate
findings for consideration at the next meeting.
MOTION: To direct Staff to prepare an appropriate
resolution ordering the illegal addition to the
building be abated as a public nuisance.
Moved: Logan, Seconded by Stone
Vote: AYES: Unanimous
ABSENT: Shaw
The Mayor directed that Staff give Mr. Christensen a permit
to remove the illegal portion of his house, if he so
desired.
6. INCLUSIONARY HOUSING ORDINANCE (Ordinance, 1st Reading)
The Planning Director reviewed the Staff report, changed
Section 4(a), last line should show "Section 10".
The Mayor opened the public hearing.
Nat Marans raised question of in-lieu housing fees and
encouraged Council to offer density bonuses to the developer
in order for him to build the actual housing rather than
accepting fees.
James Malott supported greater density allowance for the
developer in return for affordable housing.
The Mayor closed the public hearing.
In response to the Mayor, the Town Attorney stated that
State law requires the Town to provide this ordinance.
Councilmember Logan had the following changes:
Section 6 add: 4th line "Authority, the Town..."; 7th line
"Authority or Town designee..."; 9th line "eligible
purchaser or does not elect to purchase the units for
subsequent sale to an eligible purchaser within said..."
Section 8 (b) 6th line "exemption or to accept receipt of a
certified or registered letter sent by the Town shall be.
Section 10(a), 1st line, add "where the Town determines that
a development..."
Section 13, 3rd line, delete "and school fees".
In response to the Mayor, the Town Attorney stated the
housing could not be restricted to Town residents; the
clear, practical facts are these units are not being built
due to economic circumstances of the community; the intent
is to acquire a site and construct housing for these people.
The Mayor stated he was philosophically opposed to this type
of social engineering; all this ordinance does is to allow
us to
TOWN COUNCIL MINUTES #808 8-17-88 Page 3
bring more people from out of Town to live in Tiburon; no
benefits to the Town of Tiburon that he could see; have been
opposed in the past and still am.
Councilmember Logan felt it was a great benefit to Tiburon
for a heterogeneous community not only for economic but for
social reasons. Councilmember Mayberry stated the General
Plan calls for a mix socially and financially.
Dick Bornholdt, Housing Consultant, stated the intent of the
ordinance is to be a vehicle to provide affordable units in
Tiburon; the in-lieu fee is a secondary consideration.
Discussion ensued regarding how the in-lieu fee is
calculated; the difference between the market rate price of
the house and the amount the low/moderate income family can
afford; consideration of building units rather than assist
someone to buy a unit; the requirements of the State of
California and the Town's Housing Element; difference
between construction costs and market price; inclusion of
the cost of land in an in-lieu fee schedule;
MOTION: To continue this item and have the in-lieu fee
schedule modified to reflect construction costs of
low/moderate income housing, including land costs.
Moved: Logan, Seconded by Duke
Vote: AYES: Unanimous
ABSENT: Shaw
7. NEWSPAPER RACK ORDINANCE (Ordinance, 1st Reading)
The Town Manager reviewed the Staff report.
The Mayor opened the public hearing. There being no
comments, the Mayor closed the public hearing.
Councilmember Coxhead stated he had several concerns and
proposed changes and asked for a continuance.
MOTION:
Moved:
Vote:
To continue this item.
Mayberry, Seconded by Duke
AYES: Unanimous
ABSENT: Shaw
F. UNFINISHED BUSINESS
8. ACCEPTING GRANT OF EASEMENT - ESPERANZA LANE (From Diane
Ho, 1655 Mar West)
Diana Bennett stated the neighbors biggest concern is that
the easement is not owned by Diane Ho; the tax assessor's
role shows the owner is C. Dal Bon; there is a sewer
easement in this location; there was concern that if the
property owner gained the easement, it would provide acreage
to allow for a lot split; it has been determined that there
is sufficient acreage now.
TOWN COUNCIL MINUTES #808
8-17-88
Page 4
Nat Marans stated the Town isn't in a position of granting
quite title. The Town Attorney responded that the Town's
action is not to claim an interest in the property; Grantor
Ho filed a Quiet Title Action in Marin County; it was
brought to her attention that there was a prescriptive
easement for the purpose of pedestrian egress and ingress.
Michael Bennett asked if the property owners association has
the right to go onto this easement and maintain it and the
Town Attorney responded affirmatively.
Moved:
Vote:
To adopt the Resolution Accepting Grant of Easement
in Gross from Diane Ho Yuk Wah
Logan, Seconded by Duke
AYES: Coxhead, Logan, Duke
NOES: Mayberry
ABSENT: Shaw
MOTION:
9. POLICE DEPARTMENT LEGAL SERVICES - (Authorize Mayor to
Execute Agreement with Martin J. Mayer)
The Town Manager reviewed the Staff report and agreement
which listed two payments options.
The Chief of Police stated the retainer basis is not
necessarily for law suits but personnel training; he could
very easily utilize his services for more than five hours
per month; it is an area of expertise.
Councilmember Logan stated he spoke to Mr. Mayer and his
only remaining concern is that if the Town winds up in
litigation, the Town will be charged $110 per hour for
travel time; however, his expertise and proactive approach
should keep the Town out of litigation; suggested the Town
sign the Agreement for the remainder of the fiscal year.
The Town Attorney stated police legal services has become a
sub-specialty of the law and supported the proposed
arrangement.
MOTION: To adopt the Agreement between the Town and Martin
J. Mayer for Legal Services using Option A,
retainer basis for the balance of this fiscal year
with the understanding that if it does not work
out, the Town can cancel the agreement on 30 day
notice.
Moved:
Vote:
Mayberry, Seconded by Coxhead
AYES: Unanimous
ABSENT: Shaw
TOWN COUNCIL MINUTES #808
8-17-88
Page 5
G. NEW BUSINESS
10. RING MOUNTAIN SUBDIVISION (Request by Perini Corporation
for Grading Permit)
The Town Manager reviewed the Staff report. The Town
Engineer referred to Resolution 2163 which required that the
grading permit be filed with the Water Quality Control Board
60-days prior to start of construction; it is not within the
power of the Town Engineer to waive this requirement.
In response to Councilmember Logan, John Collette, attorney
Perini Land & Development Company, asked Council to allow
them to file the construction schedule and grading plans and
comprehensive drainage control plan with the Quality Control
Board and allow Perini the opportunity to work with the
Board and have the Board notify the Town Engineer when the
grading work can begin; stated there is no permit to be
issued by the Water Quality Control Board; asked Council to
waive the 60-day waiting period.
Tom Krebel, Perini Land & Development Company, stated they
would like to do 50% of the grading; they propose to do the
Taylor Road portion of the site and commence a portion of
the Blackfield Drive/Reed Ranch Road area.
Discussion ensued regarding the scope of the grading request
and the phasing of the project.
Howard Leistner, 130 Taylor Road, urged Council's approval
of the grading permit for the Taylor Road area which is
necessary for the installation of the proposed water tank.
Mr. Krebel stated Perini Land & Development Company has
signed a sewer extension agreement and have applied to MMWD
for a pipeline extension.
The Town Attorney stated if there is no purpose in
presenting these drawings to the Water Quality Control Board
and there is no permit for them to issue and they state that
to the Town Engineer, then the provision of the Resolution
would be satisfied.
Discussion ensued regarding keeping to the letter of the
Precise Plan Resolution; notification of all surrounding
neighbors; why was there need for the approval of the Water
Quality Control Board; time requirements for grading before
winterization; grading on Blackfield Road in two phases.
The Town Attorney stated the Council could approve grading
in the Taylor Road area and not on Blackfield; it is
reasonable for the Town to take the position that they do
not wish to have a portion of an area graded, stopped and
left till the following Spring; such a motion involving
Taylor Road and construction of a water tank would satisfy
the requirements of the Development Agreement.
TOWN COUNCIL MINUTES #808
8-17-88
Page 6
In response to the Mayor, the Town Attorney stated that if a
rule exists and the purpose is to permit an agency to review
drawings and issue a permit and if that agency has no permit
to issue and if it reviews and notifies the Town it is
satisfied with the plans, then that is form over substance.
MOTION: To grant a grading permit for the Taylor Road work
subject to the approval of the plans by the Water
Quality Control Board
Moved: Mayberry, Seconded by Logan
John Collette asked that the motion include wording to the
effect that the Board might state they have no procedure to
grant approval; asked if the Council would be satisfied when
Perini files the plans and the Water Quality Control Board
states they have no objection in writing.
Councilmember Mayberry agreed. Councilmember Coxhead asked
that the motion specify the Taylor Road work would encompass
full off-site improvements and water tank.
AMENDED MOTION: To grant a grading permit for the Taylor
Road work subject to review and approval of the
Town Manager after consulting one or more elected
officials present in September 1983; subject to
written statement of the Water Quality Control
Board that they have no objections to the plans.
Moved: Mayberry, Seconded by Logan
Mayor Duke stated the Council was unilaterally changing
terms of the Development Agreement without knowing that the
basis of the requirement was for. Councilmember Logan
stated he was concerned about the suggestion the Council is
doing something inappropriate or under the table; there is
no purpose to be served by showing the plans to the Water
Quality Control Board; neighbors are supporting the
installation of the water tank; the Council was acting
responsively to the needs of the public.
The Town Engineer stated grading for the water tank is not
included in this permit; that is a separate project of the
water district.
Mayor Duke stated he insists on strict adherence to the
Development Agreement and the 60-days noticing requirement.
Vote: AYES:
NOES:
ABSENT:
Coxhead, Logan, Mayberry
Duke
Shaw
TOWN COUNCIL MINUTES #808
8-17-88
Page 7
11. MMWD WATER CONSERVATION PROGRAM (Town Policy Relating to
New Development Concerns)
The Town Manager reviewed the Staff report.
Councilmember Mayberry stated she has received comments from
people who are vehemently opposed to the Town approving new
developments when they are going to great lengths to
conserve water; feel it is unfair to people; the Town may
have to give some consideration to limiting how many new
developments we should approve. Councilmember Logan agreed
and suggested the Council write a letter to the District.
Mayor Duke elaborated that the District has enough water
capacity to serve the people with existing hook-ups, plus
all the commitments and an additional 2400 hook-ups; the
District does not have the legal right to no hook up those
commitments; would need support of the Cities and County;
suggested the Council request the MCCMC to help resolve the
problem.
Discussion ensued regarding increase in per capita
consumption; average amount of water consumed; penalties for
extra usage, and drought conditions.
The Mayor directed Staff to write a letter to MMWD urging
them to place a moratorium on all new commitments until they
resolve these difficulties, and ask MCCMC to agendize this
topic for discussion.
H. COUNCIL, COMMISSION OR COMMITTEE REEORTS
Reed Ranch Road Intersection Area Improvements (Oral
Report by Mayor and Town Engineer)
The Mayor stated he had met with the Town Engineer and
discussed alternatives to the proposed changes of the Reed
Ranch Road intersection and agreed the Town should try to
get signals at Reed Ranch Road; provide pedestrian crossing;
restripe the road so that the merging lane takes place
before Reed Ranch Road instead of after; stated that until
the General Plan gets adopted didn't see any other
solutions.
The Town Engineer stated traffic warrants will have to be
met to get signals; suggested the Town meet again with
CAL/TRANS.
There was brief discussion regarding the Tiburon Blvd.
Improvement Funds; the "substantial completion" date of the
Point Tiburon project; and possibly proceeding with rough
drawings for signalization of Reed Ranch Road.
Jim Malott urged Council to consider up-grading the Trestle
Glen intersection.
TOWN COUNCIL MINUTES #808
8-17-88
Page 8
I. COMMUNICATIONS
Ltrs. to and from Supervisor Aramburu Requesting the
Tiburon Multi-Use Path be Named "The Tom Price Path"
dtd. 7-8-88 and 7-22-88
Ltrs. referred to the Parks & Open Space Commission and
Heritage & Arts Commission.
J . STAFF AND TOWN MANAGER REPORTS
Downtown Tiburon Boulevard Improvement Project - Phase
II (Oral Status Report by Town Engineer relating to
Beach Road to Mar West Project)
Item continued.
Town Council Meeting Procedures (Oral Report and
Recommendations by Town Manager)
Item continued.
101 Corridor Committee Meeting
Councilmember Mayberry stated she would be on vacation the
first two weeks in September and asked Councilmember Logan
to represent the Town at the 101 Corridor Committee meeting
September 14.
K. ADJOURNMENT
There being no further business before the Town Council of
the Town of Tiburon, Mayor Duke adjourned the meeting at
11:25 P.M. sine die.
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LAWRENCE J. DUKE, MAYOR
Town of Tiburon
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TOWN COUNCIL MINUTES #808
8-17-88
Page 9
TOWN COUNCIL
MINUTES
CLOSED SESSION
Mayor Duke called the Closed Session of the Town Council of
the Town of Tiburon to order at 7:05 P.M. to discuss
moratorium litigation.
CALL TO ORDER
Mayor Duke called the regular meeting of the Town Council of
the Town of Tiburon to order at 8:15 P.M., Wednesday, August
3, 1988 in the Tiburon Lodge, Tiburon, California.
A. ROLL CALL
PRESENT:
COUNCILMEMBERS:
Coxhead, Logan, Shaw,
Mayberry, Duke
ABSENT:
COUNCILMEMBERS:
None
EX OFFICIO:
Town Manager Kleinert,
Police Chief Herley,
Town Engineer Bala,
Supt. of Public Works
Brunini, Planning Director
Lohman, Assistant Town Clerk
Hennessy
B. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES
There were none.
C. PUBLIC QUESTIONS AND COMMENTS
MARIN COMMUTE COMPETITION
Debra Hollock, Program Coordinator, distributed brochures
announcing the Marin Community Competition and Don't Drive
Alone Day, Thursday, October 6, 1988 and asked for Council
and the community's participation.
D. CONSENT CALENDAR
Items 3, 4, 5 and 6 were removed.
MOTION: To approve the Consent Calendar consisting of the
following items:
1. APPROVAL OF MINUTES #806, July 20, 1988
2. MEMORANDUM OF UNDERSTANDING (Approval of Three Year
Compensation Program with TPA)
TOWN COUNCIL MINUTES #807
8-3-88
Page 1
Moved: Mayberry, Seconded by Coxhead
Vote: AYES: Unanimous
Item 3. WORKERS COMPENSATION & RETIREMENT CLAIMS (John
Bailey - Resolution) continued to next meeting.
Item 6. ACCEPTING GRANT OF EASEMENT IN GROSS (Diane Ho - On
Esperanza Street) continued to next meeting.
5. AYALA DAY COMMITTEE (Request for Funds for 20th Annual
Ayala Day Festivities)
Dave Teather, Steering Committee, reviewed history of Ayala
Day; stated that due to restrictions of the State rangers
and the ferry expense, the Committee agreed to hold the
picnic at the South of the Knoll park; stated the picnic
would be catered and asked Council to allocate $1,600 in
funds to reduce the price of children's tickets.
Item continued to later in the agenda for further
discussion.
E. PUBLIC HEARINGS
7. REED RANCH ROAD INTERSECTION (Feasibility of Proposed
New Design and Signalization Project)
The Mayor stated the Council has asked the Town Engineer to
prepare a feasibility study of whether the Reed Ranch Road
intersection could be technically improved.
The Town Engineer used drawings to depict two alternatives,
both would move the existing entrance to Blackie's Pasture
to Reed Ranch Road; Greenwood Beach Road would be closed at
a cul-de-sac and a pedestrian crossing would be provided at
Reed Ranch Road. The Town Engineer explained that Plan "A"
would preserve the wetlands and in Plan "B" the wetlands
will be eliminated. CAL/TRANS has reviewed and accepted
both plans; the Fire Department has requested the bicycle
path be widened, and there has not been a response from
Sanitary District #5. Cost of the proposed plans to be
approximately $450,000; a three-way signalized intersection
would cost approximately $210,000; warrants would be needed
for signalization.
Don Batten, President, Belveron Homeowners Association,
supported the proposal.
Rich Cupples, 444 Greenwood Beach, President Greenwood Beach
Homeowners Association, objected to the proposal due to
difficult access in and out of the Abbott house and the
large retaining wall in front of the Holcombe property;
stated the Audubon Society was opposed to removing the
wetlands; stated the Planning Commission voted 6-1 against
the proposed plan because of their concerns with safety;
suggested traffic signals be installed and an overpass
built.
TOWN COUNCIL MINUTES #807
8-3-88
Page 2
Nat Marans stated left hand turns out of Blackie's Pasture
are a problem; suggested Greenwood Beach Road be opened for
people leaving Blackie's Pasture.
Mrs. Florence Holcombe, Greenwood Beach Road, opposed the
plans.
Stewart Hopkins supported the plans.
The Mayor commended the Town Engineer on a remarkable job
with an almost insurmountable problem; felt with the
problems and opposition, the Town cannot proceed with these
plans at this time; suggested the Town do what they can to
get signals at Reed Ranch Road; would consider realignment
of the entrance to Blackie's Pasture and opening Greenwood
Beach Road as a one-way road from the park; the other side
of the street would be a bicycle path.
Councilmember Coxhead agreed with the Mayor's suggestion and
added there should be no left turn from Blackie's Pasture
onto Tiburon Boulevard.
Councilmember Mayberry stated closing Greenwood Beach Road
would inconvenience residents; she was in favor of Plan A.
Councilmember Logan was in favor of Plan A; supported
Mayor's suggestion as a solution at this time.
The Town Engineer stated he didn't believe there was a
problem of left turns from Blackie's Pasture and suggested
clearer markings for the stacking lane and merging of
traffic into one lane prior to Reed Ranch Road.
The Mayor asked Staff to return to Council with alternative
solutions to the Reed Ranch Road intersection, closure of
Greenwood Beach Road and the entrance to Blackie's Pasture.
Vice-Mayor Shaw asked that the Tiburon Boulevard Improvement
Fund priority list be agendized, and Councilmember Coxhead
asked for a report of funds available from the developers
other than Innisfree.
8. TEMPORARY USE PERMIT (Christopher's Restaurant
Expansion, Planning Commission Recommends Denial)
The Planning Director reviewed the Staff report.
The Town Manager stated his concern is a matter of inequity
when the Temporary Use Permit fee is $600 and if the
application is denied the Town keeps the application fee;
would like to see some resolution of this concern.
Discussion ensued regarding the original use of this area
for sale of seafood, and the Planning Director ruled that
this is a new outdoor use and there is no direct linkage.
TOWN COUNCIL MINUTES #807
8-3-88
Page 3
Phil Coblenz, representing Christopher's Restaurant, stated
the Planning Department advised him it was zoned PD and
there should be no problem to get a permit since it was
previously approved for this location; he had been told
there was a $50 fee for noticing, $50 fee for review of the
application and $500 fee for the permit; when he didn't
receive the permit, it seems unfair to keep the fee. The
Planning Director stated he had spoken to Jon Rankin some
time ago about this application and there were no assurances
given that the permit would be granted.
Discussion ensued regarding outdoor seating; the property
line included 5' of sidewalk; there is nothing specific in
the General Plan about outdoor or fast food restaurants.
Mr. Coblenz suggested a permit be granted for special
weekends.
Discussion ensued regarding special weekend use and permit
fee schedules for a trial period.
MOTION:
Moved:
Vote:
To grant a Temporary Use Permit to operate a hot
dog stand over Labor Day weekend and three
additional days between now and January 1; seating
not to exceed 16 persons be provided in the
enclosed area; trash receptacles be provided and
permit cancellable at the discretion of the
Council's Downtown Subcommittee. Fee for this
trial basis to be $100.
Duke, Seconded by Logan
AYES: Logan, Coxhead, Shaw, Duke
NOES: Mayberry
9 . INCLUSIONARY HOUSING ORDINANCE (TO BE CONTINUED)
F. UNFINISHED BUSINESS
MARSH RESTORATION PROGRAM (Recommendations of Town
Engineer and Parks & Open Space Commission)
The Town Manager reviewed the Staff report, and expressed
concern about the amount of money being proposed for this
program. Would like to discuss it further with the Town
Engineer.
The Superintendent of Public Works stated this report was
written prior to information received from the Mosquito
Abatement District; shallow waters are a breeding ground for
midges which have infested the Marsh; the Town will have to
stock the Marsh with fish to eliminate this problem after
dredging.
The Mayor continued this item.
TOWN COUNCIL MINUTES #807
8-3-88
Page 4
11. PLANNING DEPARTMENT FEE SCHEDULE (Revise Current Fee
Schedule - Resolution)
The Mayor stated he reviewed the draft Resolution with the
Planning Department and Town Engineer and was convinced the
engineering fees are standard and reasonable.
Councilmember Shaw asked for the justification of charging
$500 for a Use Permit for a second unit; Councilmember Logan
stated he would like to see the fee lowered. The Planning
Director stated this is a fee for services; it is structures
so that taxpayers don't subsidize the applicant; it is based
on an average of time spent processing the application.
Terry Hennessy, Housing Committee, asked that the fee be
lowered to encourage registration of second units in order
to help meet the State mandated requirements of the Housing
Element.
The Planning Director stated Item 4, Amendment of Precise
Plan needed to be changed from 50% of original fee of the
subdivision to a flat fee of $500.
The Mayor suggested $100 for a tree complaint, and if the
Mediation Services cannot reach a reasonable conclusion and
the matter goes to the BAR, then charge an additional $250;
Council discussed and agreed to charge an additional $400
for BAR review.
MOTION: To adopt Resolution Amending Resolution No. 2494
Revising the Fee Schedule for Applications, Permits
and Services under the Jurisdiction of the
Department of Community Development as amended.
Moved: Duke, Seconded by Coxhead
Vote: AYES: Unanimous
12. DONAHUE BUILDING (Status Report)
The Mayor reported that he and Councilmember Mayberry had
met with representatives of the Point Tiburon Bayside
Condominium Association and discussed a number of uses; it
was their distinct impression they will not be able to come
to a reasonable conclusion in the foreseeable future;
suggest the Town put a museum into the building and contact
with the Landmarks Society to see if they are still
interested in the use of the building.
The Town Manager noted the Joint Recreation Committee's
offices move had been deferred to September 1 pending
negotiations.
Vice-Mayor Shaw suggested the Joint Recreation Committee
operate a museum; the Town Manager stated he could explore
that option with them.
Paul Fulton, President of the Bayside Condominium
Association, referred to letter submitted to the Council
signed by all three condominium associations; reviewed the
TOWN COUNCIL MINUTES #807
8-3-88
Page 5
history of the discussion; didn't think the Council had
acted in good faith; issues were not discussed; asked that
discussions including other two condominium associations
continue through the month of August; stated he was willing
to agree to the Recreation Committee's moving into the
building September 1 with conditions; asked whether the
Council intended to fix the building; asked if the Council
intended to add function after function to the use.
Alan Legon, Vice-President Point Tiburon Lagoon Condominium
Association, stated the Town's options are satisfactory;
homeowners concerned about evening use.
After further discussion, it was agreed that Councilmembers
Logan and Mayberry would meet with a representative from
each of the three Point Tiburon Condominium Associations.
G. NEW BUSINESS
GIFT TO THE TOWN
Councilmember Logan presented the Town Manager with a check
made out to the Town of Tiburon in the amount of $313 which
represented the balance of funds in his election campaign
fund.
4 . MARIN COUNTY URBAN SYSTEM COMMITTEE RECOMMENDATIONS FOR
1993 TO 1998 - Resolution
Councilmember Mayberry objected to the inclusion of Exhibit
B(3) McInnis Drive in Marin County, Novato and San Rafael
which might be a benefit to private developers and it is
opposed by the Marin Conservation League.
MOTION: To approve Resolution Approving the Long Term 1993
to 1998 Major Transportation Projects in Marin
County as Recommended by the Marin County Urban
Systems Committee with the exception of McInnis
Drive in Marin County, Novato and San Rafael for
reasons cited by the Marin Conservation League.
Moved: Mayberry Seconded by Logan
Councilmember Coxhead asked for a continuance to further
study the issue.
Councilmembers Mayberry and Logan withdrew their motion and
the item was continued to the next meeting.
5. AYALA DAY COMMITTEE (Request for Funds for 20th Annual
Ayala Day Festivities)
Jocelyn McDonnell, representing the Ayala Day Committee,
stated the purpose of the $1,600 funding would be to
underwrite the cost of children's tickets to minimize the
cost for families and encourage their participation; South
TOWN COUNCIL MINUTES #807
8-3-88
Page 6
of the Knoll park was chosen because it is small in scope
and gives the opportunity for people to intermingle. Price
of the ticket to include chicken, beans, salad, rolls and
drinks.
Discussion ensued regarding the custom to celebrate Ayala
Day on Angel Island; the logistical problems of getting food
to the Island; the limitations placed by the Rangers and the
benefits of people bringing their own food.
MOTION:
Moved:
Vote:
To appropriate $1,600 to the Ayala Day Committee
Duke, Seconded by Coxhead
AYES: Unanimous
H. COUNCIL, COMMISSION OR COMMITTEE REPORTS
GENERAL PLAN COMMITTEE
The Mayor reported the General Plan Committee met with two
attorneys and three planners and there is a problem with the
Draft Environmental Impact Report and there will be
additional meetings to resolve the problems before the DEIR
is released.
I. COMMUNICATIONS
LCOTPOA Minutes accepted as information.
J . STAFF AND TOWN MANAGER REPORTS
K. ADJOURNMENT
There being
the Town of
12:20 A.M.,
no further business before the Town Council of
Tiburon, Mayor Duke adjourned the meeting at
August 4, 1988, sine die.
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LAWRENCE J:' DUKE, MAYOR
Town of Tiburon
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TOWN COUNCIL MINUTES #807
8-3-88
Page 7