HomeMy WebLinkAboutTC Min 1989 (April thru June)
TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Duke called the adjollrned meeting of the Town Council of
the Town of Tiburon to order at 7:34 P.M., Tuesday, June 27, 1989
in Room 5, Del Mar School, Tiburon, California.
A. ROLL CALL
PRESENT:
COUNCILMEMBERS: Coxhead (7:36), Logan (7:55),
Mayberry, Vice-Mayor Shaw,
Mayor Duke
EX OFFICIO: Finance Officer Stranzl,
Special Attorney Shute,
Planning Director Lohman,
Planning Consultant Watt,
Assistant Planner Anderson,
Minute Clerk DeFrancis
B. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES
There were none.
C. PUBLIC QUESTIONS AND COMMENTS
There were none.
D. PUBLIC HEARINGS
1. GENERAL PLAN REVISION
a. Staff Overview of Land Use and Open Space/Conservation
Elements
b. Density Designations on Properties Within the Planning
Area
Special Attorney Shute stated that his firm received a letter
dated June 26th from Counci1member Mayberry asking the following
questions about the proposed Final EIR:
1. Did certain traffic figures in Table 4.3 assume the widening
of Tiburon Boulevard and the Ridge Route?
The answer was "No", they assumed only the improvements shown
in the Circulation Element, (lane widenings, traffic signals,
etc.) .
2. In the list of mitigation measures, certain ones have an
asterisk, particularly those dealing with circulation
improvements. There was confusion regarding the footnote by
the asterisk which stated that the improvement would have to
be in place at the time the project was constructed.
This was not a recommended mitigation measure and the
asterick will be withdrawn.
Town Council Minutes, June 27, 1989, #840
Special Attorney Shute clarified that the Circulation Element
would require that any improvemellt that must be built in
order to sustain levels of service would have to be con-
structed before a project would be occupied.
Special Attorney Shute responded to the following questions that
were brought up at the June 12th Council meeting:
1. Is it legal for the Town to plan for areas outsidp. of its
boundaries? The Government Code allows the city to plan for
any area which it believes influences its planning policies
and considerations.
2. Can bicycles be banned on Paradise Drive?
State law would prevent individual cities from doing this.
Mayor Duke stated that the Council had received a letter dated
June 26th from the Paradise Drive Residents' Group, and one dated
June 27th from Mr. Peter Brekhus, regarding the Harroman
property. These will be dealt with later on in the meeting.
Planning Director Lohman gave a brief overview of the General
Plan revision and EIR process. He summarized the staff report
and referred to Table 1, "Proposed Residential Densities for
Remaining Vacant Land Without Existing Development Approvals."
Special Attorney Shute stated that Government Code Section
66589.5 states that when a proposed housing development project
complies with the General Plan, Zoning, and development policies,
the city can not reduce density unless there are public health
and safety reasons or there is no other way to mitigate the
impact. However, LU-17 provides that the numerical density
assigned is a maximum and where specific site planning reveals
that other standards of the General Plan pertaining to environ-
mental, physical or off-site constraints, etc., require lower
densities, the maximum may not be achieved. It is Counsel's
opinion that LU-17 is a clear statement that the density of a
housing project is determined by applicable general plan policies
which could require densities below the numerical density
assigned.
Mr. Peter Brekhus asked how the Town of Tiburon would carry out
other General Plan provisions which "encourage planning and
development which includes open space" if density bonuses are not
given. Special Attorney Shute stated that the density designa-
tions are not ascribed only to the developable areas but to the
entire property.
Vice-Mayor Shaw asked if development could take place at a higher
density than the prescribed General Plan designation. Special
Attorney Shute stated that such a proposal would be inconsistent
with the General Plan and the developer would have to apply for a
General Plan Amendment.
Mayor Duke stated there was no intention for the Council to act
tonight and instead would hear testimony from the audience.
Mayor Duke opened the Public Hearing.
A Paradise Drive resident asked for clarification on LAFCO's
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annexation policy. Special Attorney Shllte stated once an area in
the sphere of influence is proposed to be annexed there is an
opportunity to file protest; if more than 50% of the registered
voters or more than 50% of the assessed value of the parcels
within the area object in writing, the annexation is off. If
the protests are less than 25% of the registered voters, or less
than 25% of the assessed value of the area to be annexed, the
annexation becomes final. If it is between 25% and 50%, there
would be a vote, to be decided by the majority.
Mayor Duke referred to the density ranges (.3-.6) on several
properties in Table 1 in the staff report. He asked if the EIR
pointed out any significant changes in traffic levels or levels
of service between the two densities. Planning Consultant Watt
stated the answer was "no', nothing that would put the higher end
of the range over a threshold of significance.
Mayor Duke asked how the Planning Commission voted on the Kilgore
property. Assistant Planner Anderson stated that one Commis-
sioner voted for .3, one voted for .6, one voted for .7 and three
voted for .4. He stated that there was no consensus on the
Slater property, Neill Smith, or larger Marth property. There
was a consensus of .3 density for the smaller Martha property.
Mr. Don Miller, Chair of the Environmental Committee of the
Paradise Drive Resident's Group, stated that his background
includes a Masters in environmental engineering and a PhD in
Chemistry. The focus of the committee is on maintaining the
integrity of what is currently a virtually intact, successful,
and diversified ecosystem. He expressed concern with the
instability of the Paradise Drive side of the peninsula and the
types of soils that exist. He stated that the area includes 13
special status species (threatened, endangered, or rare). He
put into the record a copy of the California Endangered Species
Act which states that projects should go ahead with appropriate
mitigations. He stated that the appropriate mitigation to
protect these endangered species would be to chose the lowest
possible density. He summarized the committees recommendations
regarding wildlife habitat, geologic hazards, drainage and
runoff, noise, pollution, sedimentation, and EIR monitoring.
Special Attorney Shute responded that on January 1, 1989, a code
section was added to CEQA requiring that a monitoring program be
implemented to track all mitigation measures identified in the
Final EIR.
Mr. Miller and the residents group stated that the phrase "to the
maximum extent feasible" and "to the extent possible" used in the
General Plan weakens policy. They would like the phrases changed
to be consistent and to reflect the strongest statement.
Special Attorney Shute stated there should be a standard phrase
within the document. This language provides flexibility
when taking constitutional property rights into consideration.
Councilmember Logan asked for more information regarding the en-
dangered species that exist on that side of the peninsula.
Mr. Miller stated that information will be provided.
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Mayor Duke asked if there were any objective data showing the
effects of .2 VS. .8 density. Mr. Miller stated this would be
very difficult to obtain such data. The committee supports the
concept of integrated open space which allows the wjldlife suffi-
cient area to occupy their ecological niche.
Ms. Randy Greenberg, representing the Paradise Drive Residents
Group, addressed the following issues:
1. Support of Paradise Drive as a low density, residential
area, with a density of .2.
2. Conformity with existing density standards- the undeveloped
properties along Paradise Drive are the bulk of the land in
this area and their densities will be the standard. Proposed
development at .6 will double the population, substantially
changing the land use patterns.
3. Concept of densities representing a maximum to be negotiated
downward and not the number of units to appear on the hill-
sides. General Plan policies should be taken into account
when assigning densities.
4. Annexation in relation to setting densities- if densities
are set at the low end, new development will stay in the
County where it will be assigned higher densities.
5. Inverse condemnation- density of .2 would be legally
defensible.
Ms. Greenberg asked the Council to represent the residents best
interests.
Mayor Duke stated that he had been advised by the Fire Department
that the number of people in the room must be limited to 60 or
the meeting will be closed.
The Council recessed from 8:45 PM to 8:55 PM.
Mr. Peter Brekhus, representing the owners of the Harroman
property, addressed the Council. He expressed opposition to the
proposed reduction of density. He asked the Council to review
the EIR for the proposed project prior to deciding on the density
for the property. The EIR identifies no significant adverse im-
pact based on the proposal (70 units). He stated that the den-
sities proposed under the General Plan are inappropriate given
that a specific study of this particular site shows that a
project of higher density can be built without any adverse im-
pact. He encouraged the Council to explore the issue of density
bonuses.
Mr. Karl T~effinger, architect for the Harroman project, stated
that the property is 101 acres, and the project proposes 70
units. The majority of the property, 63 acres (which includes
the ridge itself), would be left open space.
Mr. Brian Chapman, custodian of Old St. Hilary's and the sur-
rounding open space preserve, expressed concern with the impact
of the proposed Harroman project.
Mr. George Landau expressed concern with the potential traffic
impact on Tiburon Boulevard.
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Ms. Judy Waller, representing the Martha Company property, stated
that all three generations of the Reid family were present in the
audience. Ms. Waller displayed an aerial photograph of the
property showing the location of the proposed homes. She stated
that the photograph was intended to show the existing densities
surrounding the Martha property, including Hillhaven (1.5). She
explained that the majority of the property would not be accessed
through existing streets. There would be a separate access com-
ing from Paradise Drive at the existing water tank location. The
plan represents approximately 50% of the total holding of 125
acres in open space. They have spent five years planning the
project and have performed the necessary archeological, biologi-
cal, and geological studies. She illustrated how policy LU-3
would impact the project if "significant other ridges" were in-
cluded. Sanitary sewage for this project will be treated at the
Mar West site, and the water system will be independent. For
these reasons, the project will be unique and deserves the con-
sideration of .6 density.
Ms. Mary vonKaesborg, 14 Teaberry Lane, asked Ms. Waller where
the independent water supply would come from. Ms. Waller
responded that the water supply would be a looping system with a
100,000 gallon water tank located at the top of the property sup-
plied by MMWD.
Ms. Barbara Buish, Paradise Drive resident, expressed concern
with the potential traffic impact on Paradise Drive and the need
for improved services in the area. Councilmember Mayberry asked
about the Fire Department limit on houses accessed by a cul-de-
sac. Planning Director Lohman stated there was no prescribed
limit but from a planning perspective they were concerned with
very long cul-de-sacs. Planning Consultant Watt stated the limit
was generally 600-750 feet.
Ms. Sandra Swanson, 2 Seafirth Lane and representative of the
Paradise Drive Residents Groups, stated the developers have
repeatedly tied the issue of density to sewer costs and the resi-
dents groups believes there is no relationship. The developers
have asked for a density of .6 so that development would be
economically feasible and the setting of a lower density would
constitute a "taking". She maintained that the developers have
submitted no figures to support such a claim.
Councilmember Coxhead asked if the Town could require a project
at .2 density to hook up to sewer. Special Attorney Shute stated
this would be a policy decision and not a legal issue and the
Town could require this based on safety and public health
reasons.
Mr. Tom Newton, planning consultant for the Slater, Smith and
Whole Systems property, gave a brief overview of the Master Plan
to the Council. The plan illustrated how the properties tie
together on the back side of Paradise Drive. All of the
properties were shown at .6 density: the Slater property had
16 units on 26 acres; the Smith property had 39 units on 56
acres; the Whole Systems property had 16 units on 37 acres. This
plan served as a base map for a sewer plan that would bring all
the properties into a sanitary system. The plan would bring the
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entire Paradise side into the Playa Verde plant, converting the
Seafirth plant into a pump station. The Master Plan also served
as a beginning to tie in the open space areas, particularly along
the Tiburon Ridge. He stated that a density of .6 (1 unit per
1.7 acres) was considered low density by most development stan-
dards.
Councilmember Mayberry asked how many homes in the area were on
septic and Mr. Newton responded 100.
Mayor Duke stated the majority of the development on the Western
side of the peninsula (Perini, Ring Mt., La Cresta, Highlands)
has a .4 density. He asked Mr. Newton why he thinks .6 was ap-
propriate for his project. Mr. Newton stated that several of the
other projects traded off the upper portions for the lower clus-
tering.
Mr. Bob Pringle, Planning Commissioner during the Ring Mt./Perini
develoment, stated the Town had different abilities back then
that resulted in lower densities than might be possible today.
Ms. Becky Pringle, representing the Kilgore property, stated the
family has owned the property since 1924. They have always
planned to develop the land in harmony with nature and preserve
the beauty of the natural surroundings. The family did not
protest when the property was downzoned in 1958. They are
presently asking for 24 homes on 40 acres (1.7 acre parcels).
They plan to maintain 30%-40% of the parcel in its natural en-
vironment.
Ms. Melanie Stevens, representing the Smith property, stated her
father had purchased the property in the 1960's to create an
environmental research center. In 1981 he began working with the
Kilgores to determine the feasibility of a new sewer district for
Paradise Drive based on a density of 1 home per 1.5 acres.
They are requesting a density of .6 (1.7 acre lots) and feel it
to be intelligent and equitable.
Mr. John Hoffmire, representing the Kilgore property, summarized
the zoning and density figures for other cities in the County.
He stated the requested .6 density was not out of line and repre-
sented a lower density. He stated the existing traffic along
Paradise Drive was dangerous but as development takes place the
road will be improved. He added that 1.7 acres equaled 74,000
square feet and a 4,000 square foot home would represent 1/18th
of the total property.
Mr. Harry Snyder, 3880 Paradise Drive, stated unjudicious driving
was the main cause of accidents along the road and the proposed
development would enhance safety.
Dr. Eugene Kilgore stated 1.7 acre density was fair for all for
the following five reasons:
1. Offers low density and lots of green space,
2. Fulfills the community aesthetic and community humanistic
goals,
3. Creates a low traffic impact,
4. Creates sewer feasibility,
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5. Fair to the parcel owners.
Mr. Zachary Smith stated all the landowners have expressed a
willingness to work with the Council, Planning Commission, and
the residents to mitigate and minimize any environmental impacts
to the maximum extent feasible.
Mr. Ralph Alexander, planning consultant, stated the .6 density
request was a result of an environmentally sensitive design and
not arbitrarily picked by the landowners.
Mr. Fen Cady, 3370 Paradise Drive, submitted two on-going peti-
tions, one supporting a density of 1 home per 1.7 acres, the
other in opposition to annexation.
Ms. Annette Gibbs, President of the Paradise Property Owners As-
sociation, stated 110 house for the Kilgore, Slater, and other
properties in that group development, could be easily adapted
into the environment. She expressed opposition to annexation.
Ms. Joan Bergsund, Seafirth resident, submitted a letter dated
May 24th from the Seafirth Board of Directors which stated the
following concerns regarding the proposed development along
Paradise Drive:
1. Increased traffic resulting in reduced safety,
2. Increased accident potential,
3. Increased public safety response time,
4. Deterioration of the road as a scenic route,
5. Deterioration of recreational facilities,
6. Deterioration of day-to-day quality of life for those who
use the road,
7. Deterioration of natural environment and wildlife habitat.
She reiterated that the Seafirth community supports the lowest
proposed density, i.e., one home per five acres. She asked the
Council to consider the length of Paradise Drive, the nature of
the road, and the difficuly terrain.
Councilmember Coxhead asked Ms. Bergsund if she felt .6 density
was reasonable and she stated her personal belief that it was
reasonable.
Ms. Geraldine Watson, Seafirth resident, stated open space,
public or private, served as an area for the survival of
wildlife. She asked if a species had to be endangered before we
do anything to ensure its survival. She added that people were a
part of the ecosystem.
Mayor Duke asked Planning Consultant Watt to clarify OSC-15, site
coverage. She quoted the policy: "To the extent feasible, a goal
of 50% of large undeveloped parcels should be considered for
retention in permanent open space. Such open space shall be con-
tiguous and link up with adjacent open space wherever possible.
In the alternative, where more desirable, consideration should be
given to larger individual lots. The above shall not require or
preclude clustering". She stated the wording reflected a lack of
consensus on the part of the Planning Commission.
Mayor Duke closed the Public Hearing.
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E. COMMUNICATIONS
There were none.
F. STAFF AND TOWN MANAGER REPORTS
There were none.
G . 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.
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LAWREN~'DUKE, MAYOR
ATTEST:
TOWN COUNCIL
MINUTES
CLOSED SESSION
Vice-Mayor Shaw 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
Vice-Mayor Shaw called the regular meeting of the Town Council of
the Town of Tiburon to order at 7:33 P.M., Wednesday, June 21,
1989 in Room 5, Del Mar School, Tiburon, California.
A. ROLL CALL
PRESENT:
COUNCILMEMBERS: Coxhead, Logan, Mayberry,
Vice-Mayor Shaw, Mayor
Duke (9:35)
EX OFFICIO: Town Manager Kleinert,
Police Chief Herley, Town
Engineer Bala, Supt. of
Public Works Brunini,
Planning Director Lohman,
Finance Officer Stranzl,
Minute Clerk DeFrancis
B. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES
This item was continued to the end of the meeting.
C. PUBLIC QUESTIONS AND COMMENTS
Mr. Don Batton made the following two announcements:
1) As a representative of the Tiburon Blue Ribbon 25 Year
Anniversary Committee, he invited everyone to the Angel Island
Excursion on Sunday, June 25th, at noon.
2) As Tiburon's representative to the Marin/Sonoma Mosquito
Abatement District he reported that the District unanimously
approved their budget with a 5.2% cut-back.
D. CONSENT CALENDAR
There were no Consent Calendar items.
Town Council Minutes, June 21, 1989 #839
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E. PUBLIC HEARINGS
1. APPEAL BOARD OF ADJUSTMENTS & REVIEW DECISION
(A.P. #38-041-29 Approval of New Residence 4960 Ranch
Road, Applicant: Kalthoff; Appellant: Coe)
Planning Director Lohman reported that at the meeting of April
19, 1989, the Town Council reviewed the appeal of Mr. and Mrs.
Richard Coe relative to the BAR's decision to approve an addition
on an adjacent residence at 4960 Ranch Road (Kolthoff). At the
applicants' and appellants requests, the Council continued the
item to allow time for both parties to work out a compromise
solution to the issues. He added that there had been no new
information submitted to staff. Staff's recommendation was to
deny the appeal and approve the variance and addition as approved
by the BAR, or as modified by mutual agreement of both parties.
Vice-Mayor Shaw opened the Public Hearing.
Mr. Renton Rolph, attorney for the Cae's, stated that they have
yet to receive a new design from the Kolthoff's architect and met
on-site only once with the Kalthoff's legal counsel.
Mr. Martin Weiman, attorney for the Kilthoffs', stated that the
Kolthoff's architect has prepared a revised plan which should
satisfy everyone.
Councilmember Logan asked Mr. Weiman if the revised plan had been
prepared that day and Mr. Weiman replied that they had just
received the plans.
Mr. Bill Kolthoff stated that they were refused entry into the
Coes' house and were told by the Coes' attorney that they could
not talk to the Coes'.
Councilmember Logan asked why the attorneys' representing both
parties had not met to go over the revised plans.
Mr. Kolthoff stated that they had explored many different plan
alternatives and the proposed plan was the third revision. He
clarified that the proposal was for an addition to the existing
residence and the revision were costly.
Vice-Mayor Shaw closed the Public Hearing.
Councilmember Logan stated that the Coes' have not had an oppor-
tunity to evaluate the revised plans and would have a legitimate
objection to the Council taking action tonite.
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Councilmember Coxhead stated that since there were substantial
changes to the plans it would be appropriate for staff and the
appellant to review them.
Councilmember Logan stated that story poles should be erected
to mark out the corners of the addition under the direction of
the Building Inspector.
MOTION: To continue this appeal to the Town Council meeting of
July 5th with the understanding that in the interim the parties
involved meet to examine the revised plans.
Moved: Logan, Seconded Mayberry
Vote: AYES: Unanimous, Mayor Duke absent
2. APPEAL BOARD OF AD3USTMENTS & REVIEW DECISION
(Approval of New Residences, 120 Gilmartin Drive and
160 Gilmartin Drive, Applicant: Banta/Collins;
Appellant: Lloyd Cymrot)
Planning Director Lohman stated that on May 18th, the BAR heard
proposals for two single family houses at 162 and 180 Gilmartin.
The proposal for 162 Gilmartin was approved with the condition
that an amended landscaping plan be brought back to the BAR on
July 6th. The proposal for 180 Gilmartin was continued to the
July 6th BAR hearing. The appeal by Mr. Cymrot was filed on May
30th citing the fact that he was not noticed of the Board hearing
and that the projects will block the views from properties he
owns along Gilmartin Drive. Mr. Cymrot requests a two week con-
tinuance to allow him sufficient time to prepare a presentation.
Planning Director Lohman stated that the BAR notice went to the
previous owner which was the lastest owner of recored on the
equalized assessment roll. This courtesty notice is sent to
property owners within a 300 radius of the proposed project. He
added that Mr. Cymrot had been present at the BAR meeting on
another issue.
Councilmember Logan supported staffs efforts to ensure property
noticing but expressed concern that Mr. Cymrot had not received
the notice and was indeed affected by BAR's action.
Vice-Mayor Shaw opened the Public Hearing.
Mr. Cymrot submitted a letter to the Council from Mr. Tom Sher-
wood of Bianchi, Paxton, Engle, Keegin & Sherwood which expressed
the following concerns: the Banta/Collins project will substan-
tially terminate the view towards San Francisco of Mr. Cymrot's
project (160 Gilmartin); the problem is further exacerbated by
the fact that the Banta/Collins project has a 30 foot height
limit while Mr. Cymrot's project has a 20 foot height limit; Mr.
Cymrot's architects, the Dallen Group, informed him that he must
abandon the initial architectural plans for his project and
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redesign a new home in a new location; Mr. Cymrot has discovered
that the driveway of the Banta/Collins project crosses an ease-
ment from Gilmartin Drive across the Cymrot project to their
proposed garage; the Banta/Collins project make no reference to
the size and direction of the driveway, the quality and materials
to be used, or who will pay for and maintain the proposed
driveway which crosses the Cymrot property.
Councilmember Coxhead stated that the appeal was filed on May
30th and Mr. Cymrot had three weeks to prepare for tonights meet-
ing. Mr. Cymrot responded that he found out about the easement
only yesterday and the issues are very complicated.
Mr. Philip Heinman, representing Banta/Collins, stated that the
easement runs on the South of Mr. Cymrot's property and the
Banta/Collins house does not access their own property through
that easement or Mr. Cymrot's property. He expressed opposition
to the request for a continuance. He stated that the house was
designed using the Board of Architectural Review's guidelines and
was very well suited to the site with respect to all the neigh-
bors. He stated that a representative from the Dallen Group had
responded positively to the design and the siting.
Councilmember Mayberry stated that the BAR has yet to approve the
landscaping plans and a continuance may not delay the project.
Planning Director Lohman stated that the building permit would
not be issued until the landscape plans are approved by the BAR.
He reiterated that that the subject of the appeal was the lack of
notice and view blockage and the easement issue was a civil mat-
ter.
MOTION: To remand this item to the BAR for a hearing on the July
6th agenda as "Old Business" and advise the appellant that he
will have to be prepared with his representatives at that time to
make a presentation as to why he does no feel these plans should
be approved.
Moved: Logan, Seconded Coxhead
Vote: AYES: Unanimous, Mayor Duke absent
3. DBL MADBRA PRECISB PLAN AMBNDMENT (Building Envelopes-
B. Seidler- Resolution)
Planning Director Lohman stated that at the meeting of June 7th,
the Town Council continued review of the Precise Plan Amendment
prescribing building envelopes for three lots in the Del Madera
Subdivision. At that meeting there was some opposition expressed
by neighbors in the area regarding the proposed envelopes. In
lieu of referring the item back to the Planning Commission, the
Council elected to continue the item to June 21st, to give ade-
quate time for the applicant to develop a solution with the
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neighbors for their concern. He added that the main envelope had
been moved 20 feet, maintaining a 30 foot setback for the main
envelope on Parcel "C" (60 feet per the Planning Commission
recommendation, 20 feet on the other side). A secondary envelope
had been created within which a one story structure could be
built.
Planning Director Lohman presented a videotape of the lot from
different vantage points.
Vice-Mayor Shaw opened the Public Hearing.
Mr. Bart Seidler, owner of lots "B" and "C", stated that he and
his architect had met with the neighbors at least three times.
He stated that most of the view blockage was created by the grad-
ing that was done for the retaining walls. He stated that he can
see no compromise other than moving the house down the hillside.
He would rather work on the design, landscaping, and lower the
height of the house. The issues of the cul-de-sac have been
resolved. He requested that the Council approve the building
envelope and that the item be forwarded to BAR so that he can
continue to work with his neighbors.
Councilmember Logan asked Mr. Seidler why the project could not
be moved down the hillside. Mr. Harry Reed, architect, stated
that the proposed location was more conservative and thoughful
for the landscape.
Mr. Peter Brekhus stated that there has been an effort to com-
promise this matter which has four different competing views.
He stated that the applicant also has rights and the homes across
the canyon (whose views will be blocked) are still under con-
struction. He added that the applicant merged his lots, thus
creating more open space and less homes. He urged the Council to
approve the building envelope and forward this application to the
BAR.
Mr. Paul Danielsen and Mr. Craig Sevrens, neighbors on Via
Paraiso West, stated that they have worked with the applicant and
his architect. They expressed concern with the height of the
house and not the location within the envelope or the materials
used. They submitted photographics depicting the view blockage
from their lots. They requested that the height be reduced.
They suggested that the hillside be excavated another four feet
below the existing level so that a one story house (not down the
slope) could be built that would not have such a dramatically
vertical appearance. Mr. Seidler rejected this suggestion.
They added that when they purchased their lots the road was under
construction and now the pad has changed.
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Mr. Al Martini, 223 Round Hill Road, stated that his original
concern was building up in the ridgeline and the open space area.
He stated that he was satisfied with Mr. Seidler's revised plans.
Mr. Justin Hughes, 6 Rolling Hills Road, stated that he would be
satisfied with a reduction of the height and moving it further to
the West would enhance the project.
Vice-Mayor Shaw closed the Public Hearing.
MOTION: To approve the proposed building envelopes for Lots "A",
"B", and "c" as amended with an increase in the size of the
primary envelope of Parcel "C" to include a 50 foot setback.
Moved: Mayberry, Seconded Coxhead
Vote: AYES: Unanimous, Mayor Duke absent
4. FY 1989-90 PRELIMINARY TOWN BUDGET (Continued Public Hearing-
Review of Capital Improvements Projects)
Town Manager Kleinert stated this continued public hearing dis-
cussion will focus on the Capital Improvements Program- proposed
streets and drainage projects, community programs and projects,
as well as the Debt Service and Redevelopment Programs. The
street improvements consist of primarily street overlay projects
and drainage projects, such as McKegney Green drainage repair
carried over from last fiscal year. The community development
projects involve Open Space trails, Marin Renters Assistance
Program, and Marin Mediation Services. Funding for these
projects come from the restricted funds (Gas Tax, Drainage Park
Development, and various grant funds) and not the General Fund.
The annual Capital Improvment Program is primarily based on the
Town Engineer and Superintendent of Public Works project priority
list. He reminded the Council that the budget can be modified at
any time during the fiscal year by the Town Council.
Ms. Ellie Spater, representing Marin Mediation Services, stated
that they are requesting the same contribution as last year and
expressed her appreciation for Tiburon's continued support.
Mayor Duke arrived at the meeting.
Vice-Mayor Shaw asked Town Engineer Bala about a five year plan
for street repair. Town Engineer Bala stated staff submits a
substantial list annually for the Council's consideration and the
project priorities change every year.
Town Manager Kleinert stated his goal in determing how many
projects to undertake each year was to maintain an adequate Gas
Tax reserve balance each year to protect the Town against winter
storm damage.
6
Town Engineer Bala added two projects to the list: the steps
between Main Street and Alcatraz need to be replaced, with a cost
estimate of $3,500; addition of four handicapped ramps, one on
Main Street and three on Beach Road, at a cost of $5,200.
Superintendent of Public Works Brunini stated that the McKegney
Green playfield needs renovation and reseeding at an estimated
cost of $11,000. A "patch job" of filling in the holes with sand
had been previously authorized by the Council. Town Manager
Kleinert stated that a complete overhaul of the field would
require that it be closed and fenced off for approximately six
months (after the soccer season). Councilmember Mayberry
suggested asking the soccer league for more money. Town Manager
Kleinert stated the entire field use and fees program needs
further analysis and evaluation by the Joint Recreation Committee
and Parks and Open Space Commission. He stated the partial
repair should be authorized and undertaken now, at an estimated
cost of $4,500.
Mayor Duke suggested the Parks and Open Space Commission and the
Joint Recreation Committee recommend to the Council:
1. How fees can be generated for repair of the field,
2. How the Joint Recreation Committee can reimburse Tiburon
for some of the maintenance costs.
Vice-Mayor Shaw requested that a sign be installed at the park
entryway posting the rules, regulations, and hours.
Vice-Mayor Shaw asked about the McKegney Green swale repair
project. Superintendent Brunini stated the project includes
installing a subdrain consisting of a 6" perforated pipe, 18"
wide, 3 feet down, which will drain surface and ground water.
Town Manager Kleinert stated the proposed Blackie's Pasture
Improvements first phase will depend on the Town receiving
outside funding.
Councilmember Coxhead stated the Open Space Bond Issue was passed
in the early 1970's and the Town has some funds left in the
account. He stated that there were some ugly Eucalyptus stumps on
public open space off of Reed Ranch road that should be removed.
He stated it should not cost more than $300-400. Town Manager
Kleinert stated he will follow-up on this matter.
F. UNFINISHED BUSINESS
There was none.
7
G. NEW BUSINESS
5. TOWN FUND TRANSFERS (General Fund and Restricted Fund
Transfers- FY 1988-89)
Town Manager Kleinert reported that the Town's unallocated
General Fund reserve was estimated to have a closing balance of
approximately $960,000 for fiscal year ending June 30th. Certain
Restricted Funds of the Town have been depleted and reflect very
low fund balances, or they are projected to be depleted within
the next fiscal year. He recommended certain fund transfers for
Council consideration and approval. The transfer will leave the
General Fund reserves at approximately $530,000 at the end of the
fiscal year.
MOTION: To authorize the staff recommendation for transfer of
funds.
Moved: Mayberry, Seconded Duke
Vote: AYES: Unanimous
H. COUNCIL, COMMISSION OR COMMITTEE REPORTS
There were none.
I. COMMUNICATIONS
6. Memorandum from Leaaue of California Cities to Mavor and
Town Manaaer (1990 Census)
Town Manager Kleinert stated it was important for the Town to
have an accurate count due to State subventions. The League of
California Cities recommends that the Town appoint a local review
committee or liaison to ensure accuracy. He stated that he plans
to place an ad in the local paper and see what kind of response
is obtained.
He.l SaftRafael Aveftue
Town Manager Kleinert stated that Councilmember Logan had worked
with Attorney Harry O'Brien regarding modifications to the letter
of agreement stating that the Town's negligence should be termed
"active negligence." The agreement has now been signed and the
fence relocation is proceeding.
Skateboard Area
Town Manager Kleinert stated that Mr. Dave Allen would like to
8
meet with a sub-committee of the Council at a new site which he
thinks is suitable for a skateboard area located next to the
knoll area of McKegney Green. Mayor Duke and Vice-Mayor Shaw
agreed to meet with Mr. Allen and the Town Manager.
Blackfield Drive- Perini Project Sewer Installation
Town Manager Kleinert stated that the project was estimated to
take about 10 days and they would like to work from 7:30 AM to
7:30 PM to expedite the project. He received phone calls from
neighbors approving the proposed hours.
Open Space Meetina
Councilmembers Logan and Mayberry agreed to meet with Supervisor
Aramburu and representatives from Belvedere as soon as a mutually
acceptable date could be determined.
B. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES
MOTION: To appoint Mike Friedman to the Planning Commission.
Moved: Duke, Seconded Coxhead
Vote: AYES: Unanimous
J . ADJOURNMENT
There being no further business before the Town Council of the
Town of Tiburon, Mayor Duke adjourned the meeting at 10:40 P.M.
to June 27th, 1989, at 7:30 P.M. to continue discussion of the
Tiburon General Plan.
/'
- u~<-
~-~-~~
'"
. DUKE, MAYOR
ATTEST~~
R. L. KLEINERT, TOWN MANAGER/CLERK
9
TOWN COUNCIL
MINUTES
CALL TO ORDER
Vice-Mayor Shaw called the adjourned meeting of the Town Council of
the Town of Tiburon to order at 7:30 P.M., Monday, June J.9, 1989 in
Room 5, Del Mar School, Tiburon, California.
A. ROLL CALL
PRESENT:
COUNCILMEMBERS: Coxhead, Logan (7:35),
Shaw, Mayberry, Mayor Duke
(8:35)
EX OFFICIO: Town Manager Kleinert,
Planning Director Lohman,
Town Engineer Bala, Supt.
of Public Works Bruninj,
Planning Consultant Watt,
Assistant Planner Anderson,
Minute Clerk DeFrancis
B. APPOINTMENTS TO COMMISSION, BOARDS, COMMITTEES
There were none.
C. PUBLIC QUESTIONS AND COMMENTS
There were none.
D. PUBLIC HEARINGS
1. GENERAL PLAN AND ENVIRONMENTAL IMPACT REPORT
A. EIR Presentation and Discussion (Jones &
Stokes, Ron Bass)
B. Traffic Analysis (RHK, Inc., and Richard Hopper)
Mr. Ron Bass stated that the EIR was organized as three major docu-
ments plus an addendum. The Draft EIR was the basic evaluation docu-
ment and the Final EIR consisted of two volumes, including the com-
ments and responses section. He summarized the contents of each
chapter. Councilmember Mayberry asked for clarification of the
addendum. Mr. Bass stated that it provides a more detailed and
up-to-date response to some of the comments based on new information.
Planning Consultant Watt summarized the contents of the addendum.
Mr. Richard Hopper stated that traffic counts were taken in February
on Paradise Drive. The western portion of Paradise Drive (to the im-
mediate East of Trestle Glen) was carrying 1,100 vehicles per day.
There were approximately 400 vehicles per day at the easterly end of
Paradise Drive. The middle portion of Paradise Drive (2 mile sec-
tion) was carrying 700-800 vehicles per day. These COUIlts were taken
under normal operating conditions (not influenced by holidays or the
1
Town Council Minutes, #838, June 19, 1989
summer season). The North arId East portion of the Tihuron peninsula
generates about 1/500 vehic:les PE?I' day, closely correspondjng to the
Ilumber of homes served by Paradise Drive. The addition of approx-
imately 50-110 }lomes would increase the traffic on the westerly end
of Paradise Drive to approximately 1,500-2,200 vehicles a day and
would not have any effect on the physical capacity of the street.
The level of service at the intersection of Paradise Drive and
Trestle Glen was found to be at the very high end of the "All range
(no capacity problems). He stated that streets are classified by
their function and the approximate range of traffic that kind of
street would be expected to carry. The classification has no direct
correlation to the capacity of the street because the physical
capacity of the street is so much higher than the normal functioning
of the street. Paradise Drive is classified as a collector due to
its physical lay-out, serving cul-de-sacs and private drives. He
spoke in favor of installing bike lanes where possible.
Councilmember Mayberry asked if bicycles were included in the traffic
count and Mr. Hopper replied that they were not. Councilmember
Mayberry stated that this data would have been very helpful in
determing General Plan policies. Mr. Hopper stated that his firm was
not requested to count bicycles and their emphasis was primarily on
Tiburon Boulevard.
Councilmember Coxhead asked for the definition of a residential
street. Mr. Hopper stated that a residential street has historically
been defined as one that provides direct access to residences and
carries less than 1,000 vehicles per day. Councilmember Coxhead
asked if bicycles have as much of a legal right to use Paradise Drive
as other modes of transportation. Mr. Hopper stated that the Vehicle
Code provides that bicycles have the same rights and obligations as
automobiles.
Councilmember Logan asked for a clarification on the determination of
"physical capacity" of a road. Mr. Hopper stated that it is the
ability to move a number of vehicles at speed through the conditions
of the street, taking into account the number of lanes, signals, and
other factors. Councilmember Logan asked how doubling the number of
vehicles on Paradise Drive would affect the safety. Mr. Hopper
stated that traffic accidents are a direct correlation to the volume
of traffic, but accident rates are related to other factors (curves,
sight distance, etc.). Councilmember Logan asked how many trips per
day would be generated by one additional home. Mr. Hopper replied
that there would be 10 trips per day generated, which includes
delivery vehicles, school buses, etc. Trip generation rates are
determined by isolating a particular area, counting the number of
vehicles coming in and out of the area, and dividing that by the num-
ber of homes. Councilmember Logan asked what the maximum increase in
traffic would do to the level of service at Paradise Drive and
Trestle Glen. Mr. Hopper replied there would be no effect.
Mr. Hopper stated that seventeen intersections along Tiburon
BouJevard were counted, from 7:00-9:00 AM and 4:00-6:00 PM during the
weekday. The peak fifteen minutes of the peak hour is used to deter-
mine the level of service for the morning and the afternoon. The
2
level of service is def ~ined on t:he basis of average stop delay of
vehicles-u level of service "A" is 0--5 seconds average delay, "B" is
5-15 seconds, etc.
Councilmember Mayberry asked if a subsequent study of Tiburon
Boulevard had been done deleting the Ridge Route and widening the
Boulevard and Mr. Hopper replied that this was included in the
revised ErR. Councilmember Mayberry referred to Table 4.3 and asked
for the definition of "unmitigated delay". Mr. Bass stated that
shows the level of service without any mitigation measures (traffic
signals). The "mitigated level of service" does not include the
Ridge Route or widening of Tiburon Boulevard.
Mayor Duke opened the Public Hearing.
Dr. Kilgore asked Mr. Hopper if he thought safety on Paradise Drive
was as much a function of volume as disciplined driving. Mr. Hopper
stated that projections of expected accident conditions on a road are
primarily a function of the traffic volume data. Dr. Kilgore asked
to what extent the dangerous curves along Paradise Drive are a factor
in accidents as opposed to the volume. Mr. Hopper stated that the
volume of traffic is quite low and most accidents are the single
vehicle ("run off the road") type. Dr. Kilgore asked for recommenda-
tions to minimize accidents. Mr. Hopper stated that sight distance
could be improved, eliminate driveways around curves, and install
bike lanes in both directions where possible.
Mr. Terry McLaughlin, Seafirth resident, referred to General Plan
maps LU 2 & 3, and stated that the section of Paradise Drive from
Trestle Glen South should be classified as a residential collector
since there are no commercial properties. He also asked what, if
any, development could be approved (before appropriate road improve-
ments are made) along that portion of the road if a current traffic
count confirms that the road is being utilized to its maximum
capacity. Mr. Hopper stated that the street is functioning as a col-
lector whether it is designated "residential" or not and is carrying
up to 1,000 vehicles per day. Planning Consultant Watt stated that
perhaps the def.inition of "col.lector" needs to be c.leaned up. She
added that the definition could possibly reduce the number of units
one could build.
Mayor Duke stated that the concept of "residential collector" streets
with a limit of 2,000 vehicles per day was developed for Blackfield
Drive.
Planning Con~ultant Watt stated that the policy section states that
all the intersections along Paradise Drive shall be an average of
level of service "e" and this will not be exceeded with the plans
before the Town.
Ms. Susan Gallagher, Paradise Drive, stated that the traffic courlt
should have taken into account the Paradise Beach Park traffic, sum-
mer tourist traffic, and bicycle and jogger traffic. She expressed
concern with the fact that the left-turn lane at Trestle Glen has
been elongated and backs up considerably.
3
Mr. Zachary Smitll asked how the level of service would be effected
if the traffic were fOUl' times (worse case scenario) the measured
amount. Mr. Hopper stated that it would probably bring the level of
service up to "e" at the Trest.1e Glen/Paradise Drive intersection.
Mr. Smith asked if any studies had been done regarding Paradise
Drive, North of Trestle Glen. Mr. Hopper stated that the predominate
movement of traffic was towards Trestle Glen from both directions
along Paradise Drive.
Ms. Karen Nygren asked how suggestions for traffic impact mitigations
will be implemented without a funding source. Planning COUllsultant
Watt stated that she would be surprised if level of service "c" and
"D" could not be achieved with the minimal mitigation measures called
for in the next five years. She added that the plan calls for a
reduction of density in projects if and when the level af service be-
comes unacceptable. Ms. Nygren stated that the future should be
looked at now.
Planning Director Lohman clarified that an EIR would be requ.ired for
most projects which would provide site specific and cumulative
analysis, in addition to evaluating other projects in the area.
Mitigation measure would have to be prescribed, along with the fund-
ing source, should the EIR reflect a reduction in the levels of serv-
ice. Mayor Duke asked about overriding considerations and Planning
Consultant Watt stated that they can be made for CEQA purposes but
all projects must be consistent with the General Plan.
Councilmember Mayberry asked about Table 3.1 in the Final EIR which
states that "mitigation measures have to be in place prior to project
approval". Planning Director Lohman stated that this must be an
error and staff will review and correct this statement.
Ms. Deborah Derby expressed concern with the usage of Paradise Drive
and not the volume of cars. She stated that she had set up a video
camera at Trestle Glen and found 1,132 vehicles, 345 bicycles, and 10
pedestrians traveling in both directions. She stated that bikes
should be counted as a part of the General Plan traffic monitoring
data. She requested that the Town consider developing and maintain-
ing a traffic monitoring program to include bicycle and pedestrian
traffic in all areas with shared facilities; that the Traffic Manage-
ment Ordinance provide safety reports reflecting all traffic acci-
dents and complaints as to type and cause of such accidents; that the
Ordinance also consider applying the new concept of "environmental
capacity" of the road, factoring in road curves, grades, number of
driveways, etc.; that the "liviability" section (Kreines plan) be
reinstated. .
Vice-Mayor Shaw stated that the ABAG Executive Board met on Wednesday
night and reversed their decision on the Paradise Drive bike trail
designation and reduced it to a lower identity. They hoped that bike
traffic would be routed down the bike path parallel to Tiburon
Boulevard and over Trestle Glen.
Mayor Duke stated that the "livability" section was important and it
originally referred to Rlackfield Road and some of the other streets
on the Western and Northern end of the Tiburon Peninsula.
4
The Council took a recess from 9:50 to 10-00 at which time COllncil-
member Logan left the meeting.
Mr. Zachary Smith stated that it should not be difficult to determine
the impact of development on traffic along Paradise Drive.
Mr. Walter Huspa, 3 Hacienda Drive, expressed concern with the
traffic on both ends of Trestle Glen. He stated that left turn lanes
and stop signs would be appropriate both going into and coming from
Paradise Drive to increase safety. He added that the yellow divider
zones on the Tiburon Boulevard/Trestle Glen intersection are not
effectual and suggested installing concrete dividers. Town Engineer
Bala stated that he would transmit these concerns to the County and
Cal-Trans and request a response.
Mrs. Joan Bergsund, Seafirth, stated that due to proposed develop-
ment, the Paradise Drive/Trestle Glen intersection would have to be
redesigned and improvements made. She added that buses are now ap-
pearing on Paradise Drive and perhaps vehicle size should be limited
along that road. Town Manager Kleinert stated that the Town could
work with the County regarding this issue.
Ms. Randy Greenberg asked if road improvements suggested are mitiga-
tions or part of the General Plan. Planning Consultarlt Watt stated
that they are part of the Circulation Element's "Circulation Project
Description". Ms. Greenberg asked that the improvement for Tiburon
Boulevard/Trestle Glen intersecton suggested (widening) be deleted
from the General Plan since funding will be next to impossible to ob-
tain. She requested that the term "residential" collector be used to
describe Paradise Drive, and that bicycles be counted for traffic
monitoring purposes.
Mrs. Mary vonKaesborg, Teaberry Lane, stated that Paradise Drive
serves both a residential and recreational use, with very little
traffic control.
Town Engineer Bala expressed concern with the proposed road improve-
ments along Tiburon Boulevard due to the curvature of the road and
the fact that the inside of the curve is on top of a culvert. He
stated that level of service "D" may have to be tolerated.
Vice-Mayor Shaw asked Mr. Hopper if there could be a different inter-
pretation to his data. Mr. Hopper stated that the projected traffic
data was straightforward in terms of a realistic projectioIl of land
use information. A detailed analysis (tapa maps, elevations, etc.)
would have to be performed in terms of the Trestle Glen/Tiburon
Boulevard intersection improvements.
Dr. Kilgore stated that the capacity along Paradise Drive is far
below what it can handle. He added that safety is a function of
disciplined driving.
Councilmember Coxhead asked Planning Director Lohman and Planning
Consultant Watt if there should be allY further amendments made to the
General Plan taking into consideration the testimony and comments
5
given. He also asked them to respond to the adequacy of the EIR.
Plarlning Consultant Watt stated that the Trestle GlenjTiburon
Boulevard intersection needs serious review in terms of what level of
service can be reasonably expected. In additIon, they are waiting
for comments from the County, other neighboring cities, and Cal-
Trans. She stated that the origjna.1 "livabili ty" sect.ion was reduced
to two goals, Goal C-C and C-E. Planning Director Lohman stated that
the bicycle issue is a safety issue and not one of environmental con-
cern. He added that the EIR was quite an exhaustive document.
Mr. .John Hoffmire state that about haIf of Paradise Drive is in the
new development area and developers are required to make improve-
ments.
Ms. Deborah Derl>y commented that this would not be an improvement
since the number of cars along that road wOl1ld be doubled.
Mayor Duke closed the PubIic Hearing.
E. COMMUNICATIONS
There were none.
F. STAFF AND TOWN MANAGER REPORTS
There were none.
G . ADJOURNMENT
There being no further business before the Town Council of the Town
of Tiburon, Mayor Duke adjourned the meeting at 11:00 P.M. sine die.
R. L. KLEINERT, TOWN MANAGER/CLERK
6
TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Duke called the adjourned meeting of the Town Council
of the Town of Tiburon to order at 7:45 P.M., Wednesday,
June 14, 1989, in the Tiburon Town Hall, 1155 Tiburon Blvd.,
Tiburon, California.
A. ROLL CALL
PRESENT:
COUNCILMEMBERS:
Coxhead, Shaw, Duke
ABSENT:
COUNCILMEMBERS:
Logan Mayberry
EX OFFICIO:
Town Manager Kleinert,
Police Chief Herley, Supt. of
Public Works Brunini,
Planning Director Lohman,
Finance Director Stranzl
B. PUBLIC QUESTIONS AND COMMENTS
There were none.
C. PUBLIC HEARINGS
1. PROPOSED 1989-90 MUNICIPAL BUDGET
The Town Manager summarized the main points regarding the
proposed operating budget, and made particular reference to
the estimated unallocated General Fund reserve balance --
approximately $960,000 -- the Town anticipates at the close
of FY 1988-89.
The Finance Director summarized both General Fund and
Restricted Fund revenues for 1988-89 and 1989-90. The Town
Manager noted that property tax revenues are distorted for
the 2-year period due to late receipt of the 1987-88
disbursement. Particular emphasis was placed on the
revenues that derive from Building/Planning services
Design Review, Plan checking, Building and related Permits
-- where actual and estimated revenues are extremely robust.
The Finance Director discussed the proposed budgets for
Dept. 110, Town Council, and Dept. 150, Town Administration.
For Administration, the Finance Director focused on the
major changes: ABAG liability insurance premium will
increase by 27% (to $122,000); Terry Hennessy will assume
the title of Town Clerk with increased salary. Reference
was made to the plan to purchase software to index agendas,
resolutions and ordinances.
TOWN COUNCIL MINUTES #837
6-14-89
Page 1
Councilmember Shaw expressed concern that the Town protect
its software investment by obtaining source codes.
The Town Manager discussed the budget for Dept. 130, Town
Attorney. The Town will share a full-time attorney with the
City of Sausalito next year. Additionally, he estimates
reduced legal costs for 1989-90.
The Planning Director introduced the budget for Community
Development. Primary changes include the addition of two
(2) additional full-time employees (Assistant Planner and
Planning Technician).
Chief Herley summarized the Police Department budget.
Councilmember Coxhead had questions regarding the proposed
purchase of riot helmets, a copier machine, and three (3)
new vehicles.
Public Works Superintendent Brunini discussed the budgets
for Public Works and Parks & Open Space. Primary changes
will include the addition of an Assistant Superintendent of
Public Works; purchase of a 1/2 ton truck and plans to
replace the two corporation yard gas tanks (mention was made
of plans to have RUSD, TSD, TFD and Belvedere share the
cost) .
The Town Manager gave a brief overview of the proposed
budget appropriations for the Town Commissions.
Councilmember Coxhead expressed concerns regarding the
revised format of the preliminary budget, with specific
reference to the lack of historical data presented. The
Town Manager and Finance Director will determine which
additional data can be added and incorporated into the
1989-90 Final Budget.
D. ADJOURNMENT
There being no further business before the Town Council of
the Town of Tiburon, Mayor Duke adjourned the meeting at
10 P.M. to Monday, June 26, 1989, 7:30 P.M. for the General
Plan and EIR public hearing at Del Mar School.
ATTEST:
~~
R. L. KLEINER!', TCWN MANAGE~RK
TOWN COUNCIL MINUTES #837
6-14-89
Page 2
TOWN COUNCIL
MINUTES
INTERVIEWS OF DESIGN REVIEW BOARD CANDIDATES
CALL TO ORDER
Vice-Mayor Shaw called the adjourrled meeting of the Town Council of
the Town of Tiburon to order at 7:45 P.M., Monday, .Tune 12, 1989 in
Room 5, Del Mar School, Tiburon, California.
ROLL CALL
PRESENT:
COUNCILMEMBER: Coxhead, Logan (arrived
9:20), Shaw, Mayberry,
Mayor Duke (arrived 7:50)
EX OFFICIO: Town Manager Kleinert,
Assistant Planner Anderson
Planning Consultant Watt
APPOINTMENTS TO COMMISSION, BOARD, COMMITTEES
This item will be discussed at the end of the meeting.
PUBLIC QUESTIONS AND COMMENTS
Mr. Stewart Hopkins wanted to know why the meeting was beirlg
videotaped and who was paying for it. Vice-Mayor Shaw stated that
the Mayor and Town Manager had been interviewed regarding the dead
whale in the bay.
Mr. Fen Cady, 32 year resident of Paradise Drive, questioned the
legality of the Town of Tiburon exerting its sphere of influence over
the unincorporated areas when they have no representation. He sub-
mitted a number of petitions from individuals who wish to remain
unincorporated. He asked if the Town intends to annex the unincor-
porated area of Paradise Drive.
Vice-Mayor Shaw suggest that thif.;; matter be I>laced on the next agenda
and that the Town Attorney be allowed to do some research and respond
at a later time.
Ms. Sandra Swanson, 2 Seafirth Lane and representative of the
Paradise Drive Residence Group, stated that they are a grassroots
effort who's desire is to protect and preserve the unique rural
aspect of this part of Tiburon.
Mayor Duke stated that an entire Public Hearing will be set aside for
the Paradise Drive issues. The schedule will be as follows: the ErR
and traffic consultants w.ill be present next week; the following
Town Council Minutes, #836, June 12, 1989
1
meeting or two will be set aside for the density issues. He
rei terated that the agenda fur tordght wi J 1 dea 1 wi th other General
Plan issues (Housing, Safety, Noise Elements, etc.).
F. PUBLIC HEARINGS
2. GENERAL PLAN AND ENVIRONMENTAL IMPACT REPORT
(Public Discussion)
Councilmember Coxhead stated that he had attended a meeting with
residents of the Paradise Drive area and it was their understanding
that the Paradise Drive issue would be discussed tonight.
Mayor Duke stated that issues of concern should be brought up so that
staff could review them with the consultants.
Councilmember Coxhead asked Planning Consultant Watt to respond to
the annexation issue. She responded that the Planning Commission, in
recommending the General Plan, proposed Policy LU-5 for the Paradise
Drive area (South of Trestle Glen) that reads as follows: "Annexation
of this area ShOllld be based on resident property owner interest,
cost revenue implications of specific annexation requests, and provi-
sion of Town services to the area. Annexation of these areas to the
Town should be required prior to the approval of specific developmen1
projects. Annexation requests may be processed by LAFCO concurrently
with development applications by the Town. Sewer, water, and other
essential infrastructure must be available to serve new development
by the time new development is constructed." In addition, the State
General Plan guidelines require that the Town "plan" for all the
areas in their sphere of influence.
Mayor Duke opened the Public Hearing.
Ms. Mary van Kaesborg, 14 Teaberry, stated that she would like to
discuss the Police and Fire service issues. She stated that the Fire
Department requires that all new houses have 1,000 gallons/minute
capacity. The capacity of the hydrant in front of her house is 280
gallclns/minute and the water department is not willing to include
them in their five year plan. The Paradise Drive water main is old
and small and could not put out a major wildfire if necessary. A
new, larger main would cost $200,000. With regard to Police service,
the County Sheriff Department covers the unincorporated area not
covered by Tibllron Police. Police Chief Herley had told her that
they would need 4.8 more men and one patrol car, at a cost of
$215,000, should new development occur. She stated that the situa-
tion is a serious one at present and new development would make it
worse.
Mayor Duke stated that the special districts tllroughout Marin County
make for a difficult atmosphere in which to accomplish anything.
The Tiburon Peninsula is serviced by two fire districts and three
public safety agencies. The Town can not regulate land use on the
basis of providing publ~i.c safety services.
2
Vice-Mayor Shaw stated that a Council-subcommittee could meet with
the County and Water Department regarding Ms. von Kaesborg's con-
cerns.
Mr. John Hoffmire, 583 Virginia Dri'Te, stated that facilj.ties must be
improved when development takes place and the Paradise Drive water
main will probably be enlarged. He added that there will be addi-
tional income to the Town and the County from property taxes genera-
ted from the development.
Mayor Duke reiterated that the majority of the undeveloped parcels of
land along Paradise Drive are within the County jurisdiction and the
Town of Tiburon has the right and the obligation tCl provide an ade-
quate General Plan within the sphere of influence. On the other
hand, the County is under no obligation to make any property owner
annex into the Town.
Mr. Terry McLaughlin, Seafirth resident, asked about the correlatjon
between the Circulation Element and the issue of density. Planning
Consultant Watt responded that neither supercedes the other and all
of the General Plan elements are considered to be equal. The goal is
to establish transportation and land use policies that match.
The Town of Tiburon considers transportation planning important and
tries to correlate land use and transportation while keeping a Level
of Service "C". She added that traffic Levels of Service do relate
to roadway capacity and range from "A" to "F" ("FII being grid.lock).
The differentiation between the "types" of streets (arterial,
collector, etc.) refers to how many average daily trips can be accom-
modated on a street with the given capacity level.
Mr. Stewart Hopkins asked Mayor Duke to comment on the dual annexa-
tion policy of LAFCO. Mayor Duke stated LAFCO consists of five rep-
resentatives-- two from the Board of Supervisors, two representatives
from the cities, and a public member. LAFCO's job is to make decj-
sions regarding annexation to certain districts and how development
takes place. Marin County's LAFCO set a policy that when someone
wanted to annex to the Sewer District they should also annex to the
Town who's sphere of influence they were in.
Mr. Newel} Frost, 4144 Paradise Drive, stated that the Paradise Drive
Residents Group adopted a resolution for submission to the Council
which contained the four following issues:
1) Due to the high recreational use along Paradise Drive, the
General Plan and Final EIR should include a traffic monitoring
program that is specifically expanded to include foot and
bicycle traffic.
2) Shoulders should be created, a Grade II bicycle path be
implemented, and a bond be posted for the purpose of
restoring land and refencing should proposed development
occur along Paradise Drive.
3) The Paradise DrivejTres.le Glen intersection LOS and safety
be analyzed and a mitigation proposal suggested in the FilIal EIR.
4) That the County and the Town irlform them when dp-velopment plans
are submitted for Trestle Glen and East Paradise Drive and
when Public Hearing are to be held.
3
Mr'. Fen Cady, Paradise Drive resident, asked what a Class II bike
path was. Planning Consul tant vJatt stated that "Class B bike routes
are striped thereby indicating a portion of the roadway available for
b.i.cyclists". She added that the Planning Commission de.1eted from the
General Plan tIle Class II bike route proposed for Paradise Drive.
Ms. Debb.i.e Derby stated that she got involved with the safety issue
along Paradise Drive approximately five years ago due to the number
of cyclists USiIlg the road. Mr. Doug Mahoney, County Counsel, was of
the opinion that any improvements, including paving the shoulder or
installing bike paths, would increase their liability. She stated
that the road is very dangerous due to the fact that there is no
paved shoulder, site distance is limited, and the slow speed of
cyclists and joggers. She stated that the California Highway Patrol
reported 16 accidents in 1988, with 50% involving cyclists. She
added that ABAG plans to include Paradise Drive in the "Spine Trail".
She recommended the following solutions: 1) regular enforcement of
the speed limit; 2) public education on the rules of the road;
3) widen the road and pave the shoulder; 4) keep densities low.
Vice-Mayor Shaw suggested banning bicycles or restricting the hours
that bicycles are allowed to use the road. Planning Consultant Watt
stated that she will consult with Special Attorney Shute regard.i.ng
these suggestions.
Ms. Carol McLaughlin, Seafirth resident, stated that due to the lack
of public transportation, a great number of these cyclists are YOllng
students.
Ms. Janet O'Neil, Seafirth resident, stated that she had spoken to a
group of cyclists who indicated that Paradise Drive was a part of the
Bay Area bike route and they were entitled to use the road.
Ms. Susan Gallager, Paradise Drive, stated that the road is very dan-
geous, due to the blind curves and its multi-use nature.
Mr. Stewart Hopkins stated that the law provides cyclists the same
rights of the road along with the same restrictions. He suggested
increased education.
Ms. Joan Bergsund, Seafirth resident, encouraged tlle Council to take
a "field trip" to the East side of the ridge and see what is being
described to them.
Mr. Igor Canby, Paradise Drive, encouraged people to take more
chances in life and asked that a boat ramp be built at Blackie's
Pasture.
Ms. Nicole Gallagher, Paradise Drive, stated that Ms. Bergsund's
suggestion was a good one and that the area was still quite rural.
Mr. Chris Craiker, architect representing the Reid Corporation and
the Cherry property, stated that they have requested a one unit per
acre density on the 27 acre property. They are trying to develop a
plan and a density that identifies the valuable open space areas,
preserves a major ravine, creates appropriate open space setbacks,
4
avoids ridgetop development and areas of instability. They plan to
maintain Trestle Glen as an Open Space and Scenic Roadway and create
a developmellt that is compatable with the surrounding neighborhood.
Assistant Planner Anderson stated that the Plann:lng Commission recom..-
mendation for this property was a maximum of 14 units, or 1 unit per
2 acres.
Mr. Terry McLaughlin asked about undergrounding of the utility poles
along Trestle Glen on the Belveron side. Town Manager Kleinert
stated that those poles service Belveron and undergrounding could be
accomplished by the formation of an assessment district. The Council
would have to decide on the use of the Rule 20A funds and they are
still trying to complete the Tiburon Boulevard undergrounding.
However, all new subdivision utilities must be underground.
Ms. Judy Waller, CSW Consultants, expressed concern with the fact
that the definition of the "Tiburon Ridge" was not precise and added
that a number of the General Plan policies refer to the ridge.
Ms. Randy Greenberg asked that the Council reinstitute the
"livability" section in the General Plan.
Dr. Gene Kilgore, reiterated that Paradise Drive is a curved, dan-
gerous road and urged everyone to drive safely and with discipline.
Mr. Paul Hanshee; 4320 Paradise Drive, complimented the agency that
trimmed the oaks along the road thereby clearing the view.
Mr. Stewart Hopkirls expressed concern with the use of public open
space land for transportation routes.
Vice-Mayor Shaw asked about the application of General Plan densities
to specific pieces of property. Planning Consultant Watt stated that
the Council will vote on a basic rule of density which could be
decreased due to environmental constraints. She added that the State
has been putting a high priority on housing and it has become more
difficult to decrease density. In regard to increasing density, a
developer would have to request a General Plan amendment.
Councilmember Mayberry stated that the densities set in the General
Plan for the unincorporated area (sphere of influence) are not the
"law" and the County would not be incumbent to adopt it.
Ms. Judy Waller expressed concern with the impact that other juris-
dictions have on Tiburon's planning, specifically BCnC, and ABAGfs
definition of the Bay Trail.
Planning Consultant Watt stated that the Planning Commission was
extremely careful regarding the wording of the policy on the Bay
Trail (Program aSC-I). They were reluctant to support the program as
suggested by ABAG before reviewing its feasibility.
Ms. Susan Gallagher expressed concern with the parking along Paradise
Drive from peoI>le using the County park and asked for more playground
equipment in the park.
5
Mayor Duke closed the Public Hearing.
E. CERTIFICATION OF JUNE 6, 1989 ELECTION
1. TOWN COUNCIL TO CERTIFY ELECTION RESULTS FOR MEASURE G
(Additional Units at Bradley House) and MEASURE H
(Allow Increase in Transient Occupancy Tax from 9% to 10%-
Resolution)
MOTION: To adopt Resolution Certifying election results for Measure
G and Measure H.
Moved: Shaw, Seconded Coxhead
Vote: AYES: Unanimous
TOWN MANAGER REPORT
Town Manager Kleinert stated that he was interviewed by several
television and radio stations regarding the dead whale beached on the
Town's downtown shoreline. He indicated there were three (3) options
for removal of the whale:
1) Tow the whale out to sea and cut it loose. However, some
liability problem could exist if a boat were to run into it.
2) Tow it to a local marina, have a crane place it in a truck and
take it to the Redwood landfill.
3) Cut the animal into three sections on the shoreline, then have a
crane place the three sections in a truck to be taken to the
landfill.
The cost would run anywhere from $2,500 to $15,000. However, since
the Police Department reported that it had been towed off during the
course of this meeting, without authorization by the Town, it is no
longer the responsibility of the Town of Tiburon.
Town Manager Kleinert stated the additional housing units at the
Bradley House should go through Design Review. Town Manager Kleinert
stated that local architect Dean Jones had done ~. good job on the
preliminary renderings and asked if the Council would like to go out
to bid on the construction drawings. It was the consensus of the
Council that Town Manager Kleinert find out Mr. Jones rates and call
other architectural firms for a comparison of fees. Town Manager
Kleinert stated the Town must still work out an agreement with the
Water District since the water capacity is being increased. He added
that the issue of funding for the project will be brought before the
Council.
The Council discussed Board and Commission appointments and decided
to make no ,appointments at this time. The item was continued.
.
G. ADJOURMENT
There be_ing no furiller bl.lsiness before the Town Council of the Town
of Tiburoll, Mayor Dnk:e adjourned the meeting at 10:30 P.M., to ,June
20/ 1989 at 7:30 P ~1. tn con.tirru.f->. disCllssion of the General PlEin.
./
~_.- _.. ,-
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" ()J....<Ju~ (_~ . -.,<;;It,__
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LAWRE~(;E . DUKE, MAYOR
Town '0 _ T i buron
...-"""""".--
ATTEST:
R.L. KLEINERT, TOWN MA AGERjTOWN 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 P.M. to discuss litigation and labor
negotiations.
CALL TO ORDER
Mayor Duke called the regular meeting of the Town Council of the Town
of Tiburon to order at 7:45 P.M., Wednesday, June 7, 1989 in Room 5,
Del Mar School, Tiburon, California.
A. ROLL CALL
PRESENT:
COUNCILMEMBERS
Coxhead, Logan, Shaw, Mayberry,
Mayor Duke
EX OFFICIO:
Town Manager Kleinert, Police
Chief Herley, Town Engineer
Bala, Supt. of Public Works
Brunini, Planning Director
Lohman, Finance Officer Stranzl
Minutes Clerk DeFrancis
B. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES
There were none.
C. PUBLIC QUESTIONS AND COMMENTS
Mr. Mogens Bach, Chairperson of the Parks and Open Space Commission,
stated that the Commission would like to see some progress made on
the landscape improvement project on Tiburon Boulevard (between San
Rafael Avenue and the Belvedere tennis courts). He suggested that an
architect be hired to do the necessary layouts before the project
goes out to bid. The engineers at Cal-Trans requested that the
preliminary plan be sent to them for their approval since the project
will encroach onto their land.
Town Manager Kleinert stated that the necessary funds are allocated
in the new budget program and staff will be working with the Commis-
sion on this project. Funding for the project comes from the
Dubilier Fund, the County, State Parkland Act, and the Town's Open
Space Fund.
Town Manager Kleinert stated that the Public Works Department is
having difficulties maintaining the public water fountains by the
park areas and tennis courts due to vandalism.
Town Council Minutes June 7, 1989, #835
1
D. CONSENT CALENDAR
1. APPROVAL OF MINUTES #832, May 3, 1989
#833, May 17, 1989
2. MILL VALLEY REFUSE SERVICES, INC. (Approve Ninth Amendment
to Agreement Increasing Fees for 1989)
3. MARIN RECYCLING RESOURCES (Approving Increase in Surcharge
Rate- Resolution)
4. ACCEPTANCE OF GRAND DEED FOR EASEMENTS (Sofnas, 75 Round
Hill- Resolution)
5. DENY APPEAL OF BAR DECISION (1901 Straits View- Resolution)
6. NO PARKING RED ZONE (Portion of Taylor Road- Resolution)
7. TRANSPORTATION EXPENTITURE PLAN COMMITTEE (Approve Town's
Pro-Rata Share of Funding) and TRANSPORTATION SYSTEMS
MANAGEMENT (Appoint Representative from Parking & Trans-
portation Commission)
8. 25TH ANNIVERSARY PROCLAMATION (Commemorating the Silver
Anniversary of Incorporation for the Town of Tiburon-
Resolution)
MOTION: To approve the Consent Calendar with the removal of #5 for
further discussion.
Moved: Logan, Seconded Duke
Vote: AYES: Unanimous
E. PUBLIC HEARINGS
9. SKATEBOARD AREA (Consider Temporary Use Permit for Skateboard
Area at Mar West & Tiburon Blvd.)
Town Manager Kleinert stated that at their May 17th meeting the Coun-
cil adopted a Resolution approving a temporary use permit to estab-
lish a skateboard area on Town property behind Town Hall. An alter-
native site, the marsh area between Mar West and Tiburon Boulevard,
had also been suggested. He stated that this site was more level and
installation would be less expensive.
Superintendent of Public Works Brunini stated that the area had been
staked, and it was approximately 150' X 50'. He stated that the area
between Mar West and the proposed park could be landscaped. He added
that the flood plain area would not be disturbed by the proposed
park.
Mayor Duke opened the Public Hearing.
Jeanne Price, one of the original members of the Tiburon Marsh Com-
mittee, spoke in opposition to the proposed skateboard park and
expressed concern with the potential adverse effects it would have on
the marsh habitat. She stated that it would not conform to the
original objectives of the marsh restoration and the area was not
intended to be used for active recreation.
Mr. Don Batton, President of the Belveron Association, stated that
concern should be given for the residents as well as for the environ-
ment.
2
Becky Clelland, President of the LCOTPOA and a resident of Mar West,
expressed opposition to the proposed skateboard park. She expressed
the following concerns: safety- no signal for crossing traffic; noise
generated; a skateboard park should be more centrally located.
Ms. Allison Scott, President of the Point Tiburon Marsh Conservation
Association, summarized a letter submitted to Town Manager Kleinert;
On June 6th the Board unanimously opposed the approval of a
skateboard park on lot 10 (near the corner of Mar West and Tiburon
Blvd.) and urged the Council to approve the Town Hall site. In addi-
tion, they are undertaking a legal review of the permitted use of lot
10 which they will forward to the Council. They have also exper-
ienced vandalism and problems with noise from the skateboarders in
their parking lot.
Ms. Maureen Miekle, a Harbor Drive resident, submitted a letter
signed by six residents expressing their opposition to the proposal
due to the noise that would be generated and the disturbance of the
wildlife.
Mr. Klaus Meinberg, a Marsh Road resident, opposed the proposal for
the following three reasons: it would be 300' from his living room;
noise level; wildlife would be disturbed. In addition, the traffic
on Tiburon Boulevard makes this location very dangerous.
Ms. Ann Steward, representing the three owners of the office build-
ings at Mar West and Tiburon Boulevard, expressed concern with the
liability on their property and suggested it be located away from
major traffic intersections.
Ms. Joan Dracott stated that she agreed with all the opposition ex--
pressed and asked how CEQA guidelines would apply to this project.
Planning Director Lohman stated that it would be categorically exempt
per section 15304 which allows temporary uses of this nature. Ms.
Dracott asked how it could be temporary if it were paved over. Mr.
Lohman responded that the use permit approval was for one year and
the pavement would be removed.
Ms. Polly Johnston, 34 Marsh Road, stated that the skateboarders have
been a menace to her clients and she was concerned with the area
becoming an attractive nuisance.
Councilmember Coxhead asked if the Citizen's Oversight Committee
would be monitoring this on a day-to-day basis and responding to com-
plaints. Town Manager Kleinert stated that this requirement was
incorporated into the Resolution approving the temporary use permit.
He added that there has been no formal list of citizens submitted to
the Town.
Mr. Stewart Hopkins submitted photos of the site and stated they
could not have chosen a worse site. He stated that the proposal
would be in violation of the deed and the Zoning Ordinance. The
three lots were dedicated to recreation, open space and flood control
and he urged the Council not to approve a project that could result
in litigation.
3
Mr. Vince Barella, a Marsh Road resident, expressed the following
concerns: liability to the Town and surrounding residents; harm to
the marsh environment; skateboarders venturing off into the surround-
ing areas; the different facets that were against it.
Mayor Duke closed the Public Hearing.
Councilmember Coxhead asked if conversion of a parking lot into a
skateboard park could be done without an Environmental Impact Report.
Planning Director Lohman responded that it could be done without any
significant adverse impact. Councilmember Coxhead supported moving
the site up further behind the Town Hall site, off of Ned's Way.
Councilmember Logan stated that this is a unique biological area in
that it is a freshwater marsh and he could not support the proposal.
Councilmember Mayberry agreed with Councilmember Logan and stated
that the Town Hall site would be less intrusive and more appropriate.
Vice-Mayor Shaw expressed concern with the liability, noise, and en-
forcement problems at the Town Hall site. He suggested usi.ng cul-
de-sac areas in Town and Police Chief Herley stated that State Law
would prohibit this.
Mayor Duke stated that the problem is multifaceted and there is no
area in Town where the residents would agree to a paved area for
skateboarding. He was in favor of the Town Hall site.
Mr. Dave Allen, owner of Boardwalk Shopping Center, stated that as a
financial supporter he would like to back away from designating any
particular spot and would like to wait for unanimity on this matter.
He would like to see a project with greater longevity.
MOTION: To deny the resolution approving a temporary use permit to
establish a skateboard area on Town property located near Mar West
and Tiburon Boulevard.
Moved: Shaw, Seconded by Coxhead
Vote: AYES: Unanimous
10. FY 1989-90 PRELIMINARY BUDGET (Distribution, Introduction and
Overview)
Town Manager Kleinert summarized the budget message and highlighted
important points in the proposed 1989-90 municipal budget. Copies
are available to any interested citizens. The proposed operating
budget is $2.7 million; the last few years have been difficult finan-
cially due to increase spending in litigation and expenses associated
with the General Plan revision and EIR; revenue had fallen off during
the moritorium and the Town was functioning under an operating
deficit of $265,000; there has been an increase in revenue from
building permits over the past few years; unallocated reserve is es-
timated to increase from $321,000 to $963,00 by July 1st; the budget
itself represents a total appropriation of approximately $5 million
with the departmental operating budget $2,653,000, the Capital Im-
provement Budget $1,070,000 and $1,655,000 for Debt Servicing; recom-
4
mendation of two new positions in the Planning Department and one in
Public Works; the Town will recejve $470,000 in Redevelopment Agency
tax increment general revenues and $132,000 in low and moderate in-
come housing revenues. The 1989-90 budget proposal is a balanced
budget and anticipated revenues will offset the expenditure program.
Town Manager Kleinert stated that the next public budget hearing will
be Wednesday, June 14th at 8:00 at the Town Hall Conference Room.
Councilmember Mayberry commended Finance Officer Stranzl for a very
readable budget.
Councilmember Coxhead asked if the groundwork was being laid for the
Zoning Ordinance revisions. Town Manager Kleinert stated there is
money appropriated in the Planning Department budget for some con-
sulting assistance, but the majority of the work will be done in-
house subject to the Town Attorney's review.
11. DEL MADERA PRECISE PLAN AMENDMENT (Building Envelopes- B.
Seidler- Resolution)
Planning Director Lohman stated that this was a request for a Precise
Plan amendment for the Del Madera lots that were consolidated from
five to three. The envelopes were to have been prescribed for the
lots and the Planning Commission unanimously approved the staff
recommendation at their May 24th meeting. Staff suggested changes
related to only parcels "B" and "e" to enhance the view corridor for
each lot.
Mayor Duke opened the Public Hearing.
Mr. A. Martini, 223 Round Hill Road, stated in a letter to the Coun-
cil that while the consolidation was desirable, the associated vacat-
ing of the unneeded right of way changes the nature of the cul-de-sac
and roadway in parcel "e" into a building site, thereby putting
development back on the ridgline. He stated that the ridge is a very
sharp line and the former cul-de-sac area should be extended 30' to
the west, thereby allowing ample area for higher construction on the
western portion of the lot.
Mr. Craig Sevrens, who is building a home at 10 Via Paraiso West,
submitted a letter from his neighbors. It stated that the building
envelopes as proposed pose a significant problem for them and delete
their San Francisco view. He stated that the proposal puts the
houses in the area that was originally intended to be the road and on
a prominentridgeline. They asked that the Council not approve the
building envelope amendment for lots 8 through 22 until modified is
consistent with the guidelines used to create the subdivision.
Mr. Bart Seidler, owner of Parcels "B" and "C", stated that this ap-
plication was unanimously approved by the Planning Commission. He
stated that the views in dispute are approximately 1/4 to 1/2 mile
away and the building envelopes are designed to impact as few
individuals as possible.
5
Mr. Harry Reed, architect for the applicant, stated that the original
roadway elevation had been dropped down, making it a private road
and minimizing its impact. The building pad was also dropped down 3'
below the cul-de-sac thereby making the height of the building lower
than the originally proposed road.
Ms. Lucero Meyer, owner of Parcel "A" stated that staff recommended
approval of the building envelope for her parcel as submitted in
1981.
Mr. Stuart Corbin, 4 Rolling Hills Road, stated that he would be
facing the proposed development from the Southeast and asked if the
present story poles were in the proposed envelope. Mr. Reed
responded that they were. Mr. Corbin expressed concern with the fact
that the development would be on the ridge.
Mr. Justin Hughes, 6 Rolling Hills Road, stated that he had been told
that the house on these particular lots would be built to the
Northwest side of the ridge and only a few roofs would be seen.
Planning Director Lohman stated that the staff's rationale was to
create envelopes large enough to give the Design Review Board some
flexibility.
Mayor Duke closed the Public Hearing.
Mayor Duke stated that the building height elevation should be con-
sistent with what was originally proposed in 1981.
Councilmember Coxhead expressed concern with the fact that the neigh-
bors views were not heard and fully examined by the Planning Commis-
sion. He added that Mr. Martini has a valid observation in that the
configuration of the proposed envelope did not exist in 1981.
Mr. Seidler stated that he would be willing to work on a compromise
that would be amenable to his neighbors. It was the consensus of the
Council that Mr. Seidler try to work with his neighbors.
MOTION: To continue this item to the next regular Council meeting.
Moved: Logan, Seconded by Duke
Vote: AYES: Unanimous
12. APPEAL BOARD OF ADJUSTMENTS & REVIEW DECISION
(A.P. #38-041-29 New Residence 4960 Ranch Road, Applicant:
Kalthoff; Appellant: Cae)
This item was continued.
G. NEW BUSINESS
15. VIA CAPISTRANO REALIGNMENT (Status Report by Town Manager)
Town Manager Kleinert reviewed the staff report and stated the
property owners have met with Town staff, the Town Engineer and Board
Counsel, and have demonstrated a willingness to fund the preliminary
6
estimate of the project costs (pro-rated among the seven property
owners). There will also be some participation in funding by the
Ring Mountain Developer (Perini Land & Development Company). The
Town Manage!' recommended that the Council approve in concept the
proposed Via Capistrano alignment project, hold the necessary Public
Hearings, and authorize the Town Engineer to proceed with the con-
struction drawings, survey work, and specifications, at a cost of ap-
proximately $15,000. The overall project cost, incorporating the as-
sessment district financing, will be approximately $200,000.
MOTION: To accept the recommendation of staff with the understanding
that the Town will advance $15,000, and if the project does not
proceed the neighbors will reimburse half the cost.
Moved: Mayberry, Seconded by Shaw
Vote: AYES: Unanimous
Mayor Duke suggested that the homeowners submit a letter agreeing to
the above arrangement.
F. UNFINISHED BUSINESS
13. BLACKIE'S PASTURE IMPROVEMENTS (Consider Parks & Open Space
Commission Recommendations)
Councilmember Logan left the meeting at this time.
Finance Director Stranzl reviewed the staff report and stated that
the Parks and Open Space Commission attempted to further segment the
development plan into less costly stages. He added that the Commis-
sion and staff will have to seek further funding to implement the
plan.
Commissioner Randy Greenberg stated that the only thing that had been
eliminated were some active recreation areas (volleyball).
Commissioner Stewart Hopkins suggested considering parking meters in
this area and closing the area at night so it would be less of an
attractive nuisance.
Mr. Wayne Snow, Belveron resident, expressed concern about spill-over
parking from this area, active sports near the highway, and noise
generation.
Vice-Mayor Shaw volunteered to serve on a sub-committee with the
Commission to seek funds for this project.
Mayor Duke suggested restricting the use of the area to Tiburon resi-
dents exclusively or charging a fee for daily use. He asked the
Commission to consider such alternatives and come back with some
recommendations.
MOTION: To approve the project in concept and authorize staff to work
with the Commission to go forward towards this funding level.
Moved: Shaw, Seconded by Coxhead
Vote: AYES: Unanimous
7
G. NEW BUSINESS
14. MUNICIPAL ATTORNEY JOINT POWERS AGREEMENT (Approve JPA with
City of Sausalito for Municipal Attorney Services)
Town Manager Kleinert reviewed the staff report and stated that staff
has proposed the employment of a full time in-house Municipal Attor-
ney to serve both Sausalito and Tiburon on a part-time basis.
Approximately 20 hours of legal services per week would be provided
to each jurisdiction.
Councilmember Coxhead asked Town Manager Kleinert if he knew of any
other cities with similar arrangements. Town Manager Kleinert stated
that he was not aware of any, however there are cities that utilize
the services of the same attorney.
MOTION: To approve the proposed Joint Powers Agreement.
Moved: Mayberry, Seconded by Coxhead
Vote: AYES: Unanimous
CONSENT CALENDAR ITEM
16. DENY APPEAL OF BAR DECISION (1901 Straits View- Resolution)
Town Manager Kleinert stated that the Council received a letter from
the applicants attorney, Neil Sorenson. The letter stated that Sec--
tion 1.C.2. Findings, contains misstatements, and that "the design of
the proposed house does preserve the majority of the East Bay view
for the neighboring property to the West." Contrary to the state-
ments in Section C.3., "a detailed plan of the proposed access
driveway has been submitted to the Town for review and approval which
includes engineered drawings of retaining walls and all other ele-
ments of the proposed driveway." Contrary to the statements in Sec-
tion C.4., "the proposed residence can not be moved further upslope
without encroaching into the required setback and it would be impos-
sible to move the house further upslope." Mr. Sorenson would like
these points incorporated into the Resolution.
Mayor Duke stated that the Resolution needs to be more specific as to
why the proposed single family home violates the hillside guidelines.
Planning Director Lohman stated that he will bring a revised Resolu-
tion back to the Council, along with a response to Mr. Sorenson's
letter.
H. COUNCIL, COMMISSION OR COMMITTEE REPORTS
There were none.
I. COMMUNICATIONS
a. SB 1225 Development Within City's Sphere of Influence
STAFF'S RECOMMENDATON: Support & Notify Sen. Marks
Council was in support of staff recommendation.
8
b. Ltr. from B. Seidler (UTC Corp. to Town Manager, dt'd.
5-26-89) STAFF'S RECOMMENDATION: Deny Request for Refund of
Precise Plan Amendment Fees
Council was in support of staff recommendation.
c. Ltr. from L. Henriksen to Town Council, dt'd. 5-29-89
STAFF'S RECOMMENDATION: Grant Request for Next BAR Agenda Based
on Hardship
Council was in support of staff recommendation.
d. Ltr. from Ralph & Susan Cole to Town Council, dt'd. 5-30-89
Request for Paradise Drive Improvements
STAFF'S REC.: Support Proposed Improvements for Paradise Drive
and Discuss Future Implementation with County of Marin
Council expressed concern with the fact that this item was self-
serving and decided to take no action on this.
J. STAFF AND TOWN MANAGER REPORTS
Councilmember Mayberry asked Town Manager Kleinert about the status
of the Hobbs fence. He replied the Attorney for the property owner
and Councilmember Logan were finalizing the wording of the agreement.
Councilmember Mayberrry asked Town Engineer Bala if he were satisfied
with the reply he received from Herzog and Associates regarding Red
Hill. Mr. Bala replied that he was concerned about it and that they
had found the slide plane to be deeper than they had originally
thought. He added that the contractor will work through the summer
and must be finished by the winter.
Councilmember Mayberry asked about the status of Tiburon Highlands
and Town Engineer Bala stated that the utility companies were com-
pleting their undergrounding work and Ghilotti Brothers will be
starting soon on the streets and curbs.
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.
."..
:....--
:~T:~~~ER/CLERK
9
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 and labor ne-
gotiations.
CALL TO ORDER
Mayor Duke called the adjourned meeting of the Town Council of the
Town of Tiburon to order at 7:45 P.M., Tuesday, June 6, 1989 in Room
5, Del Mar School, Tiburon, California.
A. ROLL CALL
PRESENT:
COUNCILMEMBERS: Coxhead, Logan, Shaw,
Mayberry, Mayor Duke
EX OFFICIO: Town Manager Kleinert,
Special Attorney Shute,
Planning Director Lohman,
Assistant Planner Anderson,
Planning Consultant Watt
Minute Clerk DeFrancis
B. PUBLIC QUESTIONS AND COMMENTS
There were none.
C. PUBLIC HEARINGS
1. GENERAL PLAN & ENVIRONMENTAL IMPACT REPORT
a. Presentation and Overview by Clement Shute, Esq.
b. Video Presentation by Jones & Stokes
Special Attorney Shute stated that the Council has before them the
Draft EIR, the proposed Final EIR on the General Plan update, the
text of the General Plan update as it was adopted by the Planning
Commission, and revised maps as adopted by the Planning Commission.
The EIR was prepared by the firm of Jones & Stokes and the comments
on it were very extensive. A supplement to the responses will be
available at the next Public Hearing. The Council will be called on
to take the following actions: Certify the ErR as a proper document
under CEQA for purposes of reviewing the environmental consequences
of the General Plan; adopt a monitoring program for every significant
impact identified in the EIR where related mitigation measures are
adopted; adopt findings under CEQA describing what was done with each
significant impact and alternatives proposed; adopt the General Plan.
Town Council Minutes June 6, 1989, #834
1
Mr. Shute stated that the Council is the ultimate decision maker for
the Town with respect to the General Plan. He added that the Plan-
ning Commission had unanimously recommended certification of the EIR
and adoption of the General Plan with the exception of the density
issue.
Councilmember Coxhead asked about the timetable for certification and
adoption and Planning Director Lohman responded that this should oc-
cur around July 25th.
The Council viewed a video presentation by Jones & Stokes which ex-
plained the EIR process, organization of the EIR, and the require-
ments of CEQA that relate to the adequacy of the EIR. The firm
evaluated three different scenarios- the proposed General Plan, a
limited growth alternative, and the existing General Plan alterna-
tive. The Town made the EIR available for public review for an ex-
tended period of time and formal comments were received from various
groups. Public Hearings were held to allow the public an opportunity
to comment on the EIR. The EIR document consists of the Draft EIR,
and two volumes of the Final EIR. CEQA requirements for determining
the adequacy of the EIR are as follows: it was prepared with suffi-
cient degree of analysis; the evaluation of the environmental effects
of the proposed plan need not be exhaustive; disagreement among ex-
perts does not make the EIR inadequate; minor technical defects are
acceptable; it should display adequacy, completeness, and a good
faith effort of full disclosure. He stated that the EIR before the
Council meets these five standards.
Planning Consultant Watt stated that the General Plan went through
the following process before the Planning Commission: a series of
presentations, element by element, of the Kreines plan; Public Hear-
ings and the development of a lengthy list of issues; major revjsions
of a number of the elements. The Parks and Recreation Element will
be reviewed by that Commission for a complete revision and will go
back to the Planning Commission. There were minor revisions to the
Safety and Noise Elements. Major changes were made to the Circula--
tion, Housing, and Open Space and Conservation Elements. She stated
that the Council should develop, in the course of the next couple of
Public Hearings, an expanded list of issues for deliberation. The
density issue is contained in both the Land Use and Housing Elements
needs to be delineated for the remaining large, vacant parcels of
land. The ridgeline policy, contained in the Open Space and Conser-
vation Element, calls for no development within 50 vertical feet of
the Tiburon Ridge and remains problematic to certain property owners.
Special Attorney Shute stated that density ranges have been pre-
scribed for certain properties, particularly in the Paradise Drive
area. He strongly recommends that one density be prescribed for par-
cels rather than a range. He reiterated the ridgeline policy and the
contention that in certain areas strict application could be con-
strued as a "taking". There will be some difficulties with the Hous-
ing Element due to the detailed requirements of State Law.
2
Mayor Duke suggested the following agendas: first meeting- ErR dis-
cussion; second meeting- property densities, ridge policies, conser-
vation and open space; third meeting- traffic, circulation; fourth
and fifth meetings- other unresolved matters.
Ms. Becky Pringle, Comstock Drive, asked about noticing for the up-
coming Public Hearings. Planning Director Lohman stated that the Ark
will run an article.
Councilmember Coxhead asked that the Council receive copies of ap-
propriate Planning Commission minutes.
Councilmember Mayberry asked if the Council was going to receive an
analysis of the major changes between the proposed General Plan
(Kreines) and the revised proposal. Planning Consultant Watt stated
that this would be an extremely extensive and time consuming job.
Planning Director Lohman added that there were major revisions to
four of the elements, a difference in the numbering system, policies
and programs and it would be difficult to compare the two.
D . ADJOURNMENT
There being no further business before the Town Council of the Town
of Tiburon, Mayor Duke adjourned the meeting at 9:00 P.M. sine die.
~- ~,---
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LAWRENCE
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R. L. Kleinert, Town Manager/Clerk
3
TOWN COUNCIL
MINUTES
CLOSED SESSION
Mayor Duke called the Closed Session of the Town Council of
the Town of Tiburon to order at 6:40 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 7:50 P.M., Wednesday, May
17, 1989 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,
Town Engineer Bala, Supt. of
Public Works Brunini,
Planning Director Lohman,
Finance Director Stranzl,
Assistant Town Clerk
Hennessy
B. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES
There were none.
C. PUBLIC QUESTIONS AND COMMENTS
Stewart Hopkins asked when the Council will review the plans
for Blackie's Pasture. The Town Manager responded that the
Parks & Open Space Commission's recommendation of $750,000
for Phase I was too high and it was being reconsidered.
D. COUNCIL, COMMISSION OR COMMITTEE REPORTS
BRADLEY HOUSE ADDITIONAL SENIOR HOUSING (Mayor Duke and
Vice-Mayor Shaw)
Dean Jones, architect, showed the Town Council renderings of
three additional units at the Bradley House, which had the
possibility of handicapped access.
Maurice Wollohan, Marin Housing, stated the agency has been
working with MMWD regarding increased water capacity for the
Bradley House and MMWD has agreed to supply it.
TOWN COUNCIL MINUTES #833
5-17-89
Page 1
Council directed Staff to send the Ballot Argument to the
Ark for publication to encourage voters to support the
Measure.
101 CORRIDOR ACTION COMMITTEE &: TRANSPORTATION EXPENDITURE
COMMITTEE REPORTS - (Councilmember Mayberry)
Councilmember Mayberry asked the Council to appoint a
representative to Transportation Systems Management and it
was decided to appoint someone from the Town's Parking &
Transportation Commission. The County will be billing the
Town for its pro-rata share of the Transportation
Expenditure Committee's survey, consultant's costs and
expenses.
E. CONSENT CALENDAR
MOTION: To approve the Consent Calendar consisting of the
following items:
1. APPROVAL OF MINUTES #830, April 5, 1989
#831, April 19, 1989 (as amended)
2. INVESTMENT REPORT (April)
3. TRAFFIC SAFETY REPORT (May)
4. NEW CONSTRUCTION DAMAGE TO TOWN CURBS & STREETS -
Resolution
5. AWARD OF CONTRACT (Street Overlays, Paradise Drive and
Solano - Maggiori-Ghilotti, Inc.)
6. GRANT DEEDS (Grant Deed and Accept Deed - 80 Reed Ranch
Road - Two Resolutions)
7. NOTICE OF COMPLETION & ACCEPTANCE OF PROJECT (Apollo
Street Repairs - Resolution)
Moved: Shaw, Seconded by Logan
Vote: AYES: Unanimous
F. PUBLIC HEARINGS
8 . APPEAL BOARD OF ADJUSTMENTS &: REVIEW DECISION (A. P. #
38-041-29 New Residence 4960 Ranch Road, Applicant:
Kalthoff; Appellant: Cae)
MOTION: To continue this Appeal at the request of the
participants until June 21, 1989
Moved: Logan, Seconded Duke
Vote: AYES: Unanimous
TOWN COUNCIL MINUTES #833
5-17-89
Page 2
9 . APPEAL BOARD OF ADJUSTMENTS & REVIEW DECISION (A. P. #
59-023-05, 1901 Straits View, Denied Approval of Single
Family Residence - Applicant & Appellant: Robert
Becker)
The Planning Director reviewed the Staff report and stated
it was Staff's opinion that the basis of the appeal was not
valid; stated the BAR denied the design because of its bulk
and massiveness; its visibility from numerous locations; a
severe slope would require a long retaining wall; a variance
is required and the BAR could not justify the findings.
Neil Sorenson, attorney for applicant, stated the variance
was only required when the applicant offered an alternative
plan which was submitted to ease the neighbors concerns of
view blockage; Staff did not send out the notice on this
variance and therefore the Board did not want to act on it;
stated the original house was much larger and has been
reduced 15%.
Chris Craiker, architect, presented the Council with
renderings of a new design and stated they needed to know
whether the Council would support variances of any design
which would be required to accommodate the neighbors;
regarding the driveway access, the property owner has an
easement which they felt they could build on.
The Mayor opened the public hearing.
Carol Federman, 604 Ridge Road, supported Staff's
recommendation to deny the appeal; access is a real problem;
safety standards require 12' easement; with the present
design, there was only an 8' wide access; design too
massive; not in keeping with the neighborhood; too far
forward on the site.
George Williams, 1915 Straits View, stated he has given an
easement to Mr. Filmore who owns a house above his property;
the proposed design would require a retaining wall which
would make the driveway narrower and force Mr. Becker onto
our property; if heavy equipment goes onto his easement, it
will create problems for the utilities located underneath
it; stated he would enter into a contract with Mr. Becker to
allow use of the easement, when Mr. Filmore agreed to it;
has not received a contract from Mr. Becker; asked Council
to deny the appeal.
Dr. Lynn Spitler, 1895 Mountain View, stated the proposal
didn't fit into the neighborhood; asked Council to deny the
appeal.
Jackie Brightman, 600 Ridge Road, new resident, stated she
was impressed by the neighbors concerns and supported their
decision to oppose the proposal.
TOWN COUNCIL MINUTES #833
5-17-89
Page 3
Trudy Taich, 1905 Straits View Drive, stated originally the
access to this property was to be from Island View Drive;
access might be from the Martha Co. property when developed;
current proposal of 10' easement is for utilities; property
has been sold five times; asked for denial of appeal.
Michael Lyon, 1835 Mt. View Drive, former member of BAR,
stated he could not comment on new design or legality of the
driveway issue; personally thought it would make more sense
if access was off the Filmore-Williams driveway; objected to
bulk and mass of the proposal; estimated average homes in
the area were 2500 to 4000 sq.ft.; noted this is a prominent
lot and care needed to be exercised to reduce prominence.
Rufus Sole, Vistazo West, stated average size is 4000
sq.ft.; thought the same restraints placed on his recent
subdivision should be applied to this application.
Mr. Federman, 604 Ridge Road, stated no one has had an
opportunity to look at the new design; asked Council to deny
the appeal.
The Mayor closed the public hearing.
In response to Council's questions, Mr. Sorenson stated
there was a legally deeded access across the Taich property;
would use commercial sprinkler system which he thought would
satisfy concerns of the Fire Department.
Chris Craiker stated the proposal was for 21% lot coverage
instead of 15%; size was 5100 sq. ft. excluding the garage.
Councilmember Coxhead stated under no circumstances would he
grant a variance on this property; felt the proposal was too
massive for this particular site; needed to be scaled back
and to preserve the East Bay view from the Federman's
property; if the applicant returns with another proposal,
the design of the retaining walls that would provide access
to the property needs to be shown; didn't think the
applicant has made a good faith effort to respond to
concerns within the time guidelines; recommended the appeal
be denied because its too massive, too high and entirely
incongruous.
Councilmember Logan stated he couldn't approve the original
application; the new application is an improvement but too
late for this appeal; agreed with Councilmember Coxhead's
comments; thought the new design's efforts to push it back
and step it up the property slope is a good idea; concerned
about request for variance for lot coverage; reason the
property is zoned for 15% coverage is to keep the range of
homes a certain size; would not be able to support a
variance that would ask for an increase in lot coverage;
TOWN COUNCIL MINUTES #833
5-17-89
Page 4
would support a variance for a small extension into rear
yard set back.
Councilmember Mayberry agreed with other Councilmembers;
thought the access has to be resolved before there is any
point in considering the design.
MOTION:
Moved:
Vote:
To deny the appeal without prejudice. If the
applicant desires to resubmit plans to the BAR, he
must get in line with other applications.
Logan, Seconded by Mayberry
AYES: Unanimous
The Mayor directed the Planning Director to draft a
Resolution outlining the findings of the Council and place
it on the Consent Calendar for the next meeting.
10. PUBLIC FACILITIES FEES ORDINANCE (Enabling Legislation
for Implementation of AB 1600, 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:
To read by title only.
Coxhead, Seconded by Mayberry
AYES: Unanimous
The Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON ADDING CHAPTER 14B TO THE TIBURON MUNICIPAL CODE
ESTABLISHING A PUBLIC FACILITIES FEE FOR DEVELOPMENTS WITHIN
THE TOWN OF TIBURON.
MOTION:
Moved:
Vote:
To adopt the aforementioned Ordinance.
Coxhead, Seconded by Mayberry
AYES: Coxhead, Logan, Shaw, Mayberry, Duke
G. UNFINISHED BUSINESS
11. TOWN COUNCIL MEETING PROCEDURES (Consider Meeting Format
and Time Limits - Vice-Mayor Shaw)
The Town Council reviewed the Staff report.
The Mayor and Vice-Mayor to meet with the Town Manager with
regard to implementing Vice-Mayor Shaw's suggestions, and
return to the Council with specific ideas.
TOWN COUNCIL MINUTES #833
5-17-89
Page 5
12. SKATEBOARD AREA (Consider Temporary Use Permit for Town
Hall Site & Consider Possible Public Hearing Date for
Mar West Site)
The Town Manager reviewed the Staff report; Council has
given conceptual approval for a skateboard area behind Town
Hall; another site to be considered is the flood plain area
at Mar West and Tiburon Blvd. The two areas of concern were
that the installation behind Town Hall would be temporary
from the standpoint the Town is not sure what will happen to
that piece of property and the Council has cautioned the
proponents in that regard and the other areas of concern
were those of the Hilarita Tenants Association. The
proponents have inspected the Mar West site, and would also
like Council to set a hearing to consider that area; the
Hilarita Tenants Association has submitted suggestions to be
incorporated into the Draft Resolution granting a Temporary
Use Permit.
Council incorporated in the Draft Resolution the hours of
operation to be until 7:00 P.M. or dusk, whichever comes
first; no amplified music, abusive or foul language or
inappropriate behavior; added paragraph authorizing the Town
Manager to revoke the Permit.
The Mayor opened the public hearing.
John Hulsbus, Point Tiburon homeowner, noted there is a lot
of skateboarding going on down Beach Road and between Bon
Apetit and the Bank of America building; also at the Point
Tiburon Plaza.
Rosalis Hackney, Hilarita Tenants Association, asked who
would be responsible for vandalism. The Mayor responded
that the Police Department would investigate it and respond
accordingly.
Bob Minton, proponent of skateboard area, stated he
inspected the Mar West site and thinks it is more
appropriate; asked Council to approve the Temporary Use
Permit for the Town Hall site and also set a public hearing
to consider the Mar West site; stated prior to construction
an Oversight Committee would be formed.
John Hulsbus stated he thought the first stage should be
accomplished before a public hearing is set for an alternate
site.
MOTION: To approve Resolution Approving a Temporary Use
Permit to Establish a Skateboard Area on Town
Property Located Above the Town Hall Upper Parking
Lot as amended.
Moved: Shaw, Seconded by Coxhead
TOWN COUNCIL MINUTES #833
5-17-89
Page 6
were those of the Hilarita Tenants Association. The proponents have
inspected the Mar West site, and would also like Council to set a hearing to
consider that area; the Hilarita Tenants Association has submitted
suggestions to be incorporated into the Draft Resolution granting a
Temporary Use Permit.
Council incorporated in the Draft Resolution the hours of operation to be
until 7:00 P.M. or dusk, whichever comes first; no amplified music, abusive
or foul language or inappropriate behavior; added paragraph authorizing the
Town Manager to revoke the Permit.
The Mayor opened the public hearing.
John Hulsbus, Point Tiburon homeowner, noted there is a lot of
skateboarding going on down Beach Road and between Bon Appetit and the
Bank of America building; also at the Point Tiburon Plaza.
Rosalis Hackney, Hilarita Tenants Association, asked who would be
responsible for vandalism. The Mayor responded that the Police Department
would investigate it and respond accordingly.
Bob Minton, proponent of skateboard area, stated he inspected the Mar West
site and thinks it is more appropriate; asked Council to approve the
Temporary Use Permit for the Town Hall site and also set a public hearing
to consider the Mar West site; stated prior to construction an Oversight
Committee would be formed.
John Hulsbus stated he thought the first stage should be accomplished before
a public hearing is set for an alternate site.
MOTION: To approve Resolution Approving a Temporary Use Permit to
Establish a Skateboard Area on Town Property Located Above
the Town Hall Upper Parking Lot as amended.
Moved: Shaw, Seconded by Coxhead
Council agreed that a set of Rules & Regulations will be signed by an
Oversight Committee before any final authorization is given to create the
skateboard area.
Vote:
AYES: Unanimous
MOTION:
To set a public hearing for June 7, 1989 to consider placing a
skateboard area on the flood plain at Mar West and Tiburon
Blvd.
Coxhead, Seconded by Mayberry
AYES: Unanimous
Moved:
Vote:
TOWN COUNCIL MINUTES #833
5-17-89
Page 6
Council agreed that a set of Rules & Regulations will be
signed by an Oversight Committee before any final
authorization is given to create the skateboard area.
Vote:
AYES:
Unanimous
MOTION:
Moved:
Vote:
To set a
consider
plain at
Coxhead,
AYES:
public hearing for June 7, 1989 to
placing a skateboard area on the flood
Mar West and Tiburon Blvd.
Seconded by Mayberry
Unanimous
RECESS: Town Council took a ten minute recess.
13. GENERAL PLAN & EIR (Approve Public Hearing Schedule)
The Town Council agreed to the following public hearing
schedule:
June 6, June 12, June 27, July 11, July 18 and July 25.
H. NEW BUSINESS
14. MILL VALLEY REFUSE SERVICE, INC. (Review Rate Analysis
and Approve Rate Increase)
The Town Manager reviewed the Staff report; stated the
Touche Ross study proposes a basic one year rate adjustment
of 3.6% effective January 1, 1989; to make it retroactive, a
rate increase of 7.3% effective July 1, 1989 is indicated.
The refund of the 10% dump closure litigation fees has been
incorporated into these figures and the Town has been given
credit for it.
The Mayor opened the public hearing.
Bill Ward, resident asked how long the rate would be
effective; noted a 7.3% increase after January 1, 1990 would
distort the figures.
The Mayor closed the public hearing.
MOTION:
Moved:
Vote:
Approve the proposed 3.6% increase retroactive to
January 1, 1989 as outlined in the Supplemental
Staff Report
Coxhead, Seconded by Mayberry
AYES: Unanimous
TOWN COUNCIL MINUTES #833
5-17-89
Page 7
15. MARIN RECYCLING PROGRAM (Proposed Rate Increase)
The Finance Director reviewed the Staff report; the proposed
surcharge is meant to support the fluctuation in salvage
prices.
Moved:
Vote:
To approve the increase of .25 cents in recycling
charges collected by Mill Valley Refuse Service.
Logan, Seconded by Mayberry
AYES: Unanimous
MOTION:
16. BOARD OF ADJUSTMENTS & REVIEW (Urgency Ordinance
Amending policies and Procedures)
The Planning Director reviewed the Staff report.
In response to Councilmember Coxhead, the Planning Director
stated Section 20, paragraphs 4, 5, 7b and 7d were no longer
necessary, and need not be included in the new ordinance.
The Mayor opened the public hearing. There being no
comments, the Mayor closed the public hearing.
Councilmember Logan stated the original concept was to have
two equal Commissions, and suggested the following changes:
Page 1, Section 2., shall be amended to read as follows:
"Board: The Design Review Board or Board of Adjustments and
Review."
Section 3., ADD "of Adjustments and Review" in the first
sentence of Section 11.1(E),"...
Page 2, amended to read: "Section 20. Design Review Board
and Board of Adjustments and Review".
(A) 2. ADD at the end of the sentence. "The Chair and
Vice Chair of the Board of Adjustments and Review shall be
alternate members of the Design Review Board and may serve
at any meeting of the Design Review Board where a quorum
does not exist."
(A) 3. CHANGE: "...meeting in April. ADD: The Design
Review Board may reelect its Chair and/or Vice Chair to
successive terms.
(B) AMEND: A Board of Adjustments and Review (BAR) is
hereby ...
Change "Committee" to "Board" on next line and anywhere in
Ordinance.
(B) 1.g. Change "Committee" to "BAR".
TOWN COUNCIL MINUTES #833
5-17-89
Page 8
(B) 2. Change "Committee" to "BAR". ADD: The Chair and
Vice Chair of Design Review Board shall be alternate members
of the Board of Adjustments and Review and may serve at any
meeting of the Board of Adjustments and Review where a
quorum does not exist.
Page 3, #3. CHANGE UNDERLINED WORDS: "The Board of
Adjustments and Review (delete "Committee" shall...meeting
in April. ADD: "The Board of Adjustments and Review may
reelect its Chair and/or Vice Chair to successive terms.".
"SECTION 20. ADD SUBSECTION (C)
"(C) The Planning Director, with the concurrence of the
Chairs of the Design Review Board and Board of Adjustments
and Review shall have the discretion to assign items
normally handled by one Board to the other Board for
purposes of balancing the work load of both Boards."
The other members of the Council concurred with
Councilmember Logan's suggestions.
MOTION:
Moved:
Vote:
To read by title only.
Coxhead, Seconded by Duke
AYES: Unanimous
The Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON AMENDING SECTIONS 6-9.1, 11.1, AND 20 OF
ORDINANCE NO.9 N.S., THE TIBURON ZONING ORDINANCE,
CONCERNING PROCESSING OF SITE PLAN AND ARCHITECTURAL REVIEW
APPLICATIONS.
MOTION:
Moved:
Vote:
To adopt the aforementioned Urgency Ordinance as
amended.
Coxhead, Seconded by Logan
AYES: Coxhead, Logan, Shaw, Mayberry, Duke
17. HARBOR CARRIERS' TIBURON FERRY SERVICE (Consider
Proposed Fare Increase)
The Town Manager reviewed the Staff report.
Councilmember Logan noted the company continues to lose
money; the last increase was in 1985; the Town has not
received any objections from residents.
The Town Council agreed not to take any action on the
proposed Harbor Carriers fare increase.
TOWN COUNCIL MINUTES #833
5-17-89
Page 9
I. COMMUNICATIONS
Ltr. from Marin Area Agency on Aging to Town Manager, dt'd.
5-3-89
The Mayor asked The Ark to publicize there is a vacancy on
the Marin Area Agency on Aging Board.
Ltr. from TPC Request for Mar West Trial Closure, dt'd.
4-28-89)
Informational item only at this time.
Ltr. from LCOTPOA re Mar West Trial Closure, dt'd. 5-9-89
Informational item only at this time.
J . STAFF AND TOWN MANAGER REPORTS
Town Council/Department Heads Retreat (Select Date, Time and
Location)
Council deferred this item until July.
K. CLOSED SESSION
There being no further business before the Town Council of
the Town of Tiburon, Mayor Duke adjourned the meeting at
11:15 P.M. to Closed Session.
L. 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.
.~' .... J/
~~~~~
LAWRE~~. DUKE, MAYOR
Town of Tiburon
ATTE$T:
TOWN COUNCIL MINUTES #833
5-17-89
Page 10
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, personnel, labor negotiations and acquisition of
property.
CALL TO ORDER
Mayor Duke called the regular meeting of the Town Council of
the Town of Tiburon to order at 7:45 P.M., Wednesday, May 3,
1989 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 llirector Lohman,
Assistant Town Clerk
Hennessy
B. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITrEES
There were none.
C. PUBLIC QUESTIONS AND COMMENTS
There were none.
E. PUBLIC HEARINGS
6. SKATEBOARD AREA (Consider Proposal by Proponents to
Install Skateboard Area Above Town Hall)
The Town Manager reviewed the Staff report which stated the
proposed asphalt area would be approximately 4500 sq. ft.
with a length of 125' and a width of 35-40'.
Mayor Duke reiterated that the Council has made the decision
to have a skateboard park if other concerns could be
mitigated and asked Mr. Minton if he has been able to
address the concerns of the Hilarita Residents Association.
TOWN COUNCIL MINUTES #832
5-3-89
Page 1
Bob Minton, proponent of skateboard area, stated they have
gone through the hearing process; have support of both the
Tiburon and Belvedere Police Departments, RUSD, Chamber of
Commerce and a large portion of the population; stated he
had a video and representation of what the area would look
like; showed artist's rendering of skateboard area; did not
propose to fence the area; found fences were ineffective in
keeping out undesirable children; it is unsightly to have a
high fence; perhaps not even safe to have a fence; if the
children are zooming along they could crash into a fence and
it could be a hazard; would like approval so that they could
begin to raise funds and get this project off the ground.
In response to Councilmember Logan, Mr. Minton stated as far
as regulations were concerned the area would be used after
school until dusk; would not start before 9 A.M. on weekends
and holidays; thought the children and their parents will
enforce it, along with the Tiburon Police Department;
wouldn't have any safety equipment requirements because of
the low key nature of the area.
The Superintendent of Public Works stated he visited the
skateboard area in Benicia and was impressed by how it was
developed; he suggested the Council consider using the Marsh
flood plain area. The Town Engineer noted the Marsh area
has no change of elevation which is present at the Town Hall
site.
Stewart Hopkins stated the Parks & Open Space Commission
recommended the skateboard area be Blackie's Pasture; stated
he knew the deed restrictions for the flood plain and the
Town will get involved in a lawsuit; the area is to be
reserved for open space and wildlife.
The Mayor opened the public hearing.
Rosalis Hackney, member of the Hilarita Residents
Association, stated they have never received a response to
their April 6 letter outlining their concerns.
Kevin Campion, owner of Marin Turf Boards; volunteered to
work with members of the Council and community to accomplish
something that will serve not only this community but the
needs of the County; he holds contests and demonstrations;
has never had a lawsuit; suggested fencing the area and
putting in a pro shop; has used an area behind Circuit City
in San Rafael and uses portable ramps and obstacles. In
response to Councilmember Logan, Mr. Campion stated the
proposed area would be an open invitation to other
communities; no other legal skateboard areas in the County;
no one wants to accept responsibility for high risk
activity.
TOWN COUNCIL MINUTES #832
5-3-89
Page 2
Dave Allen, owner of Boardwalk Shopping Center, stated they
are not supporting the skateboard area as a regional center;
didn't think an area at the end of a peninsula would be as
accessible; want to make it a safe place; kids shouldn't be
in the commercial areas; didn't think this proposal will
attract anybody with technical ability.
Barbara Romero-Garcia, resident of Hilarita, supported the
proposal behind Town Hall.
Brendon Evito stated areas are provided for other sports
such as basketball.
Rev. Rankin, Mara Vista Court, urged the Council to provide
a safe skateboarding area for the children of the community;
the Council symbolizes the spirit of the community; the
Council defines the community.
Anne Gigounis, Rachael Liebermann and Ellie Stevenson
supported the proposal.
George Gigounis and John Minton read a letter urging the
Council's support.
Rosalis Hackney, Hilarita Tenants Association, asked for a
response to their concerns.
The Mayor closed the public hearing.
Mayor Duke emphasized that the current Town Hall site
property was a major asset of the Town and it was likely the
Town might have to dispose of the property in the near
future, and he meant within the next year or so; any
approval would be given under a Temporary Use Permit; the
skateboard area may not be there for very long; as long as
the proponents understood that provision, he would support
the proposal. The Mayor stated the Hilarita residents have
valid concerns that need to be addressed and there would
have to be a meeting with them to discuss their concerns.
Councilmember Mayberry suggested the Marsh flood plain area
be investigated; still had concerns regarding safety,
fencing and supervision.
Vice-Mayor Shaw commended Mr. Minton for his hard work; some
issues have to be worked out; the soccer community people
are involved; tennis courts are fenced; everybody here can
make it work and make it work correctly; would like to see
it go forward.
Councilmember Logan stated he has been opposed from the
onset for liability considerations; persuaded by efforts of
this group that they should be given the opportunity; if it
turns out to be a liability, the permit can be revoked; they
TOWN COUNCIL MINUTES #832
5-3-89
Page 3
would have to obtain the approval of the Hilarita Residents
Association; should explore the alternative; the Town Hall
site might not be available for an extended period of time.
Councilmember Coxhead stated he felt there should be rules
and regulations; would like to see signatures of 15-20
adults who will sign the agreement with the Town; wanted to
see rules and regulations acceptable to Hilarita Residents
and Town employees; might have some reservations about
skateboarding while Town Hall is open.
The Mayor directed Staff to draw up an appropriate
resolution giving a Temporary Use Permit for construction
and use of a skateboard park behind Town Hall.
7. DESIGN REVIEW PROCEDURES (Approve Policy Regarding
Processing of BAR Applications Prior to Completion of
Subdivision Improvements)
The Planning Director reviewed the Staff report which quoted
the current Zoning Ordinance Section 11.1 and suggested that
applications could be accepted when grading was installed.
The Town Manager stated that in the past when a subdivision
was approved, the off-site improvements were in before the
developer subdivided the lots; the Town hasn't experienced
the situation whereby people want to expedite plans before
the subdivision improvements have been installed; before
processing BAR applications, the Town would want the curbs
and gutters in to allow the Board and Staff to view the
site.
Randy Verrue, Perini Land & Development Co., noted there are
two issues, i.e. the policy that relates to when the town
accepts the application and the extended delay of when the
actual hearing is scheduled; noted during Phase I of The
Preserve five homes were processed prior to completion of
grading and scheduled for hearing; listed lots in Phase II
of The Preserve that had applications processed prior to
completion of the infrastructure work.
The Mayor noted these applications were processed just prior
to the moratorium and it was a good faith effort by the Town
to allow Perini to proceed.
There was extended discussion regarding Town policy; when
access to the site is available; Development Agreement
conditions which refer to Town policy at the time of the
execution of the Development Agreement; four to six month
delay to appear before the BAR; State Streamlining Act which
necessitates an application must be deemed complete or
TOWN COUNCIL MINUTES #832
5-3-89
Page 4
incomplete within 30-days and then a six month time limit
starts for design review.
William Ward, Ring Mt. lot owner, wrote letter to BAR making
suggestions to expedite hearing.
Richard Knoff, Ring Mt. lot owner, wanted to get on BAR
schedule; infrastructure will be in place by the time there
is a hearing.
George Cochran, Ring Mt. lot owner, submitted his plans 8
weeks ago; his check was cashed and is now being notified
there is a delay. The Planning Director stated Staff
accepted eight applications unawares they were part of
unfinished subdivisions; four were processed and will be
calendared for hearing; four others will be returned to the
applicants until the infrastructure is in place.
Larry Fine, Ring Mt. lot owner, asked about lots that are at
the edge and don't need roads installed for Board and Staff
to review siting. The Mayor stated this problem needs to be
addressed.
The Mayor stated the Town is obligated to enforce the same
policy that was in force at the time of the signature of the
Development Agreement.
Jeffrey Novak, Ring Mt. lot owner, stated-o.neighbors would
want to see the building activity performed quicker; the
more prolonged the process, the longer the activity.
Marion Pearson, Highlands realtor, stated they offered
prospective buyers extensive material i.e. Development
Agreement, maps, copies of fee schedules, design review
guidelines and most buyers went to the Town Hall and talked
to members of the planning staff; at no time were the buyers
informed that there would be restrictions on when their
applications would be accepted; thought the Town Attorney
should be consulted regarding lots covered by Development
Agreements.
Paul Esconelli, Ring Mt. lot owner, questioned policy.
Mr. Verrue stated he would investigate Town records to
determine Town policy when the Ring Mountain Development
Agreement was signed.
The Mayor closed the hearing.
Moved:
Vote:
That the Town Council reconfirm the policy that
design review not occur until the infrastructure
improvements have been completed.
Coxhead, Seconded by Mayberry
AYES: Coxhead, Logan, Mayberry, Duke
NOES: Shaw
MOTION:
TOWN COUNCIL MINUTES #832
5-3-89
Page 5
AMENDED MOTION: That the Town Council reconfirm the policy
that design review not occur until the
infrastructure improvements have been determined by
the Town Engineer to be substantially completed so
that the Board of Adjustments & Review members can
access the property in order to judge the design.
Moved: Coxhead, Seconded by Mayberry
Vote: AYES: Unanimous
8 . APPEAL BOARD OF ADJUSTMENTS & REVIEW DECISION
(A.P.# 38-041-29 New Residence 4960 Ranch Road,
Applicant: Kalthoff; Appellant: Mr. & Mrs. Richard
Cae)
CONTINUED TO MAY 17, 1989
F. UNFINISHED BUSINESS
9. NEW TOWN HALL COMMITTEE (Oral Report by Chairman
Wilson)
A. New Alternative Town Hall Site
B. Tiburon Citizen's Poll
Jim Wilson, Chairman, reviewed the Staff report which
included a revised time schedule and estimate for a Town
questionnaire.
Larry Smith, former Mayor, stated the Mayor and members of
the Committee have been discussing the possibility of
purchasing the Point Tiburon Plaza; the issue will
ultimately boil down to price and how it will compare with
the other alternatives. Jay Kaplan, a real estate expert,
is the Town's negotiator. Mr. Smith noted the footprint of
the commercial space is almost 24,000 sq. ft. and the second
floor can be used for storage; tenants and parking lot will
create a revenue stream which will offset the cost of
maintenance of the lagoon.
The Mayor announced that the Town has drafted an initial
offer which was discussed in Closed Session prior to the
meeting. The Council will return to Closed Session
following this meeting and discuss it further.
Mr. Wilson stated the Committee felt the fourth option is
important enough to postpone the Town questionnaire.
Nat Marans stated the second floor is not part of Point
Tiburon; the tax base should be supporting the Town; never
heard of the Town being part of a commercial enterprise;
questioned appraisal of current Town Hall site.
Stewart Hopkins stated he wanted more information and would
put his comments in writing.
TOWN COUNCIL MINUTES #832
5-3-89
Page 6
Mischka Vladimir, representing Point Tiburon merchants,
asked for the courtesy of being involved in discussions; she
has a twenty year lease.
After brief discussion, the Council agreed to postpone the
questionnaire and the Town meeting until there was more
information available regarding the possible purchase of the
Point Tiburon Plaza. Council also discussed having
proponents of all the Town Hall sites speak at the Town
meeting and submit their pros and cons to the consultant who
will prepare the questionnaire; coordinating with the Ark
newspaper for Town-wide coverage of the Town meeting when
the Ark does a Peninsula mailing; taking out an ad in the
Ark to publicize the Town meeting when it is scheduled.
Moved:
Vote:
To defer schedule proposed by the New Town Hall
Committee until such time that the Council will
have adequately developed sufficient information as
to whether Point Tiburon is a viable site.
Logan, Seconded by Duke
AYES: Unanimous
MOTION:
10. TOWN COUNCIL MEETING PROCEDURES (Consider Meeting Format
and Time Limits - Vice-Mayor Shaw)
This item was continued.
11. NEW CONSTRUCTION DAMAGE TO TOWN CURBS & STREETS (Adopt
Policy for Reimbursement to Town of Cost of Repairs)
The Town Engineer reviewed his letter recommending a $5,000
deposit for repair of streets, curbs and gutters damaged by
construction crews. It was noted the Marin Builders
Exchange had addressed comments in a recent letter. The
Town Engineer noted most damage is done right in front of
the house under construction.
The Council agreed in concept and directed Staff to prepare
a resolution for the next Town Council agenda.
12. 1989-90 TOWN BUDGET (Set Public Hearing Dates)
The Town Council reviewed the proposed Budget Hearing dates
and agreed on June 7 and June 21 at Del Mar School during
the regularly scheduled meetings; and June 14 in the Town
Hall Conference Room.
13. PUBLIC FACILITIES FEES ORDINANCE (Enabling Legislation
for Implementation of AB 1600, Ordinance, 1st Reading)
The Planning Director reviewed the Staff report.
The Mayor opened the public hearing. The Mayor closed the
public hearing.
TOWN COUNCIL MINUTES #832
5-3-89
Page 7
MOTION:
Moved:
Vote:
To read by title only.
Coxhead, Seconded by Mayberry
AYES: Unanimous
The Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON ADDING CHAPTER 14B TO THE TIBURON MUNICIPAL CODE
ESTABLISHING A PUBLIC FACILITIES FEE FOR DEVELOPMENTS WITHIN
THE TOWN OF TIBURON.
Moved:
Vote:
To pass first reading of the aforementioned
ordinance.
Coxhead, Seconded by Mayberry
AYES: Coxhead, Logan, Mayberry, Shaw, Duke
MOTION:
I . NEW BUSINESS
14. McKEGNEY GREEN RENOVATION PROPOSAL - (Consider
Recommendations by Belvedere/Tiburon Joint Recreation
Committee and Tiburon Soccer League for McKegney Green
Renovation)
The Town Manager reviewed the Staff report. The
Belvedere/Tiburon Recreation Committee and peninsula Soccer
League recommend complete renovation of the field and
maintenance on a regular basis. Cagwin & Dorward submitted
two bids; one for immediate repair at a cost of $4,464 and a
more extensive repair at a cost of $8,798; the Soccer League
has offered to contribute $1,000; the fie~d needs to be
closed for 120 days.
Josh Eliron, Peninsula Soccer League, would like to see
temporary repairs and a complete renovation next year.
The Town Council agreed that the Superintendent of Public
Works would supervise a temporary repair using sand; and the
full renovation be considered in the 1989-90 Budget
hearings.
15. HILARITA APARTMENT COMPLEX (Appoint Town Council
Subcommittee to Meet with Hilarita Representatives
Concerning Long Range Plans)
The Town Manager reviewed the Staff report and asked that a
Subconunittee be appointed.
Helen Benedict, Margaret Wiegandt and Mary Von Kaesborg,
members of the Tiburon Ecumenical Association, were present.
Councilmembers Logan and Mayberry were appointed to meet
with TEA members.
TOWN COUNCIL MINUTES #832
5-3-89
Page 8
16. CONSTRUCTION HOURS ORDINANCE (Review Construction Hours)
There was a brief discussion regarding the difference in
construction hours and grading allowed under subdivision
agreements. Council decided not to make any changes at this
time.
17. MARIN TRANSPORTATION AUTHORITY (So. Marin Nominations)
The Town Manager reviewed the Staff report. Southern Marin
will have two representatives.
MOTION:
Moved:
Vote:
MOTION:
Moved:
Vote:
To nominate Dick Spotswood to be a representative.
Duke Seconded by Logan
AYES: Unanimous
To nominate Dick Boesel to be a representative.
Duke, Seconded by Coxhead
AYES: Coxhead, Logan, Shaw, Duke
NOES: Mayberry
H. COUNCIL, COMMISSION OR COMMITTEE REPORTS
There were none.
I. COMMUNICATIONS
Ltr. from Chamber of Commerce to the Town Manager dt'd.
April 11, 1989 (Request to Use Shoreline Park for 4th of
July Festivities)
Council approved the use of the Shoreline Park with the
condition that the Chamber will be responsible for clean-up.
LCOTPOA Board of Directors Meeting Minutes, 4-11-89
Letter from S.R. Elks Lodge Proclaiming "Youth Week" dt'd
4-26-89
The Mayor proclaimed "Youth Week".
D. CONSENT CALENDAR
Minutes #830, April 5, 1989 were continued to next meeting.
MOTION:
Moved:
Vote:
To approve Minutes #828, March 23, 1989
Coxhead, Seconded by Mayberry
AYES: Unanimous
VICE-MAYOR SHAW LEFT THE MEETING (11:30 P.M.).
TOWN COUNCIL MINUTES #832
5-3-89
Page 9
2. ONE SAN RAFAEL AVENUE FENCE RELOCATION (Approve Letter
Agreement)
The Town Manager reviewed the revised Letter Agreement.
Councilmember Logan expressed some concerns. The Mayor
asked Councilmember Logan to confer with Harry O'Brien,
attorney for the owner.
MOTION: To approve the Consent Calendar consisting of
the following items:
3. TOWN MANAGER'S SALARY (Resolution)
4. HARBOR CARRIERS FERRY SERVICE (Approve Agreement Between
Belvedere, Tiburon and Harbor Carriers Regarding
Application for Federal Funding Assistance)
5. DISADVANTAGED BUSINESS PROGRAM - Resolution
Moved:
Vote:
Coxhead, Seconded by Mayberry
AYES: Unanimous
ABSENT: Shaw
J . STAFF AND TOWN MANAGER REPORTS
K. ELECTION OF MAYOR
Mayor Duke asked for nominations for the office of Mayor.
MOTION: To nominate Stone Coxhead for the office of Mayor.
Moved: Mayberry
Councilmember Coxhead declined.
Moved:
Vote:
To defer further consideration of election of new
Mayor and Vice-Mayor till such time the Town
Manager is advised there is support on the Council
for change of offices.
Logan, Seconded by Coxhead
AYES: Unanimous
MOTION:
L. ELECTION OF VICE-MAYOR
This item is continued.
TOWN COUNCIL MINUTES #832
5-3-89
Page 10
M. CLOSED SESSION
There being no further business before the Town Council of
the Town of Tiburon, Mayor Duke adjourned the meeting to
Closed Session at 11:35 P.M.
N. ADJOURNMENT
There being no further business before the Town Council of
the Town of Tiburon, Mayor Duke adjourned the meeting at
11:40 P.M. sine die.
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---:fAWRE E . DUKE, MAYOR
Town I iburon
ATTEST:
R'~~AGER/CLERK
TOWN COUNCIL MINUTES #832
5-3-89
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 6:35 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, April
19, 1989 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
TIBURON PENINSULA CLUB TENNIS COURTS
Mayor Duke stated the Tiburon Peninsula Club asked for a
clarification of the motion at the previous meeting regarding
the Council's approval for lighting two tennis courts. It was
the concensus of the Council that their intent was to allow
lighting of two tennis courts and at the end of one year, the
Club could request permission for lighting two additional
courts.
B. ELECTION OF MAYOR
C. ELECTION OF VICE-MAYOR
Mayor Duke 'called for a motion to nominate Mayor. There were
no motions.
Mayor Duke called for a motion to continue the Election of
Mayor and Vice-Mayor.
MOTION:
Moved:
Vote:
To continue this item.
Coxhead, Seconded by Logan
AYES: Coxhead, Logan, Shaw, Duke
NOES: Mayberry
TOWN COUNCIL MINUTES #831
4-19-89
Page 1
D. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES
There were none.
E. PUBLIC QUESTIONS AND COMMENTS
There were none.
F. CONSENT CALENDAR
Minutes #828, March 23, 1989 were continued to the next
meeting.
MOTION: To approve the Consent Calendar consisting of the
following items:
1. APPROVAL OF MINUTES #824, February 28, 1989
#829, March 29, 1989
2. SAN RAFAEL AVENUE/TIBURON BLVD. INTERSECTION LANDSCAPING
PROJECT (Approve Revocable Permit for City of Belvedere)
3. DEL MADERA LOTS 18-22 (ABANDON SLOPE EASEMENT -
Resolution)
Moved: Logan, Seconded by Mayberry
Vote: AYES: Unanimous
ABSENT: Shaw
G. PUBLIC HEARINGS
4. RING MOUNTAIN SUBDIVISION (Precise Plan Amendment -
Request to Begin Grading in April)
The Town Manager reviewed the Staff report which was a request
for Perini Land & Development Company to being infrastructure
improvements prior to May 1.
Don Batten, Belveron Homeowners Association, supported the
request.
Karen Nygren, Paseo Mirasol, asked if there was a way to
coordinate Perini & LaCresta's construction so that there
wouldn't be noise from both sides; didn't object to grading
request.
Jim Pugash, Via Elverano, didn't have sufficient information;
suggested the Council get information in writing.
Stewart Hopkins, Parks & Open Space Commission, requested
Perini donate an access path to Ring Mountain. Randy Verrue,
Perini Land & Development Co., stated The Preserve in Tiburon
Phase II has been conveyed to the homeowners association and
included in the open space is the old railroad tunnel
right-of-way; they no longer own the property.
TOWN COUNCIL MINUTES #831
4-19-89
Page 2
Lou Brunini, Superintendent of Public Works, stated the Town
rejected that property because of the liability exposure.
Howard Leistner, 103 Taylor Road, supported Perini's request;
noted Perini has been very cooperative and spent thousands of
dollars improving Taylor Road which wasn't their
responsibility.
The Town Engineer stated the proposed work is defined in the
contract and is bonded; stated LaCresta is almost complete.
MOTION:
Moved:
Vote:
To grant request to begin grading prior to May 1.
Logan, Seconded by Shaw
AYES: Unanimous
5. RING MT. DEVELOPMENT (Proposed Amendment to Three Sets of
CC&Rs - To Allow for Construction of Swimming Pools, Patio
and Fence Outside the Building Envelopes)
Mayor Duke stated he lived within 300' of the Ring Mountain
Development and stepped down from the Council during their
consideration of this item.
Vice-Mayor Shaw chaired the meeting.
The Planning Director reviewed the Staff report; Staff is of
the opinion that these are large lots and there was no need to
deviate from the original project building envelopes; if there
is a hardship the lot owner can request an amendment to the
Precise Plan to accommodate that particular need on an
individual lot basis.
Randy Verrue, Perini Land & Development Co., stated the
current CC&Rs of the subdivision require swimming pools and
patios be contained within the building envelope; stated the
building envelopes are quite small compared to lot size;
Perini has been approached by the lot purchasers to request
this amendment; the request is to allow them the same
treatment as other owners; the zoning ordinance requires
setbacks; some lots will not accommodate a house as well as a
swimming pool; the CC&Rs require a 2/3 vote of the entire
homeowners association of sixty-eight members to change the
restrictions.
The Planning Director stated everyone in PD Zone has building
envelopes and restrictions.
In response to Councilmember Logan, Mr. Verrue stated the
developer drafted the CC&Rs and they were approved by the
Town.
The Vice-Mayor opened the public hearing.
TOWN COUNCIL MINUTES #831
4-19-89
Page 3
Clyde Folly, 131 Taylor Road, opposed to amendment of the
Precise Plan.
Dr. Duke, resident of 62 Paseo Mirasol, gave an overview of
the Ring Mt. Development which was to preserve as much of the
mountain as possible and orient the houses in such a fashion
to preserve as much of the open space in that neighborhood to
make it clustered housing; this project went through years of
negotiations; Richard Combs, the original developer, took this
property at the Town's request and wrote the CC&Rs to protect
the property. Dr. Duke illustrated how the building envelopes
were oriented farthest away from existing homes; there is also
a requirement that no fencing be allowed in the area to
protect the vista and ambience of Ring Mountain; only the
developed portions of the property are annexed to the Town;
urged the Council not to make changes in these building
envelopes; individual problems will have an opportunity to go
to the Council for an amendment; noted Perini Phase I and II
have restrictions; the request is a mechanism for increasing
marketability of some of their lots.
Howard Leistner, 103 Taylor Road, stated there was tremendous
opposition to the original development; after much negotiation
a compromise was made; part of it was clustered homes so that
the available open space would be more attractive; home were
scaled down and the building envelopes sized on that basis.
Pete Houser, Kentfield Enterprises, owner of some of the lots,
asked for flexibility; even with this amendment, the houses
needed to go through design review process; urged approval of
request.
Karen Nygren, 22 Paseo Mirasol, neighbors are aware of the
guidelines and setbacks; to grant an amendment is opening the
Pandora's Box; strongly requested Council to remain with the
CC&Rs; they were developed with a purpose; the request was not
in the best interest of the community.
Jean Ortaldo, Paseo Mirasol, stated these regulations were in
place when the property was purchased; they can apply for a
variance on individual basis.
Mr. Pugash, 2 Via Elverano, opposed the amendment.
Mr. Sharangosi, purchaser of a lot, congratulated the Town on
a well thought out development, however, it was impossible to
put a swimming pool on his lot; lot is backing into a canyon;
didn't want to cut trees down; asked not to be placed in a
position of getting 2/3 of the homeowners to amend the CC&Rs.
Dick Vanessa presented letters from neighbors opposed to the
change; stated they had spent a lot of time orienting lots
around their house and didn't want to see them changed.
TOWN COUNCIL MINUTES #831
4-19-89
Page 4
Ken Landry, lot owner in Tiburon, asked that the CC&Rs be
amended to allow the request to go to the BAR.
The Vice-Mayor closed the public hearing.
Council discussed implications of the amendment.
MOTION: Deny the request for an amendment to the Precise Plan
Moved: Mayberry, Seconded by Shaw
The Assistant Town Attorney Goldfien suggested the developer
might consider accepting an additional condition on their
development so that the individual property owners would not
be forced to get a 2/3 vote of the homeowners association, but
get a variance from the Town; noted the limitation of building
within a building envelope is not in the Subdivision
Improvement Agreement but in the CC&Rs; what the Town might
want is its own mechanism of limiting building within the
building envelope.
Vote:
AYES: Logan, Mayberry, Shaw
NOES: None
ABSTAIN: Coxhead
ABSENT: Duke
6. LA CRESTA DEVELOPMENT (Development Agreement, Ordinance
2nd Reading)
The Planning Director noted the Ordinance came on now for
second reading.
The Mayor opened the public hearing. There being no
questions, the Mayor closed the public hearing.
Applicant was represented by John Sharp.
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 APPROVING A DEVELOPMENT AGREEMENT FOR THE LA CRESTA
DEVELOPMENT.
MOTION:
Moved:
Vote:
To adopt the aforementioned ordinance.
Logan, Seconded by Coxhead
AYES: Coxhead, Logan, Shaw, Duke
NOES: None
ABSTAIN: Mayberry
MAYOR DUKE LEFT THE MEETING (9: 20 P. M. )
TOWN COUNCIL MINUTES #831
4-19-89
Page 5
7. APPEAL BOARD OF ADJUSTMENTS & REVIEW DECISION - Appellant:
Christensen, 83 East View - Denial of As Built Plans)
The Planning Director reviewed the Staff report and maps
showing the original approvals of the BAR; a video depicted
the current status of the property.
In response to Councilmember Coxhead, the Planning Director
stated no variances were granted; property is zoned R-1 which
requires 8' setbacks on either side; 15' setback in the front;
20% to a maximum of 25' in the rear yard.
Discussion ensued regarding the difficulty in acquiring a
survey for the property due to a lack of monuments, and it is
estimated a survey would cost between $12,000 and $20,000; a
plot plan has been submitted by a licensed engineer.
Discussion continued regarding the need for a variance when
there is an existing non-conforming structure.
Mr. Christensen, 83 East View, reviewed the approval process;
his attempts to get a survey; thought the plot plan was
acceptable; noted previous Staff reports state there is no
privacy intrusion; no view intrusion; apologized to the
neighbors for taking up so much of their time.
The Vice-Mayor opened the public hearing.
Doug Jocelyn, Belvedere, stated he knew of a surveyor who did
work on Corinthian Island; stated he had called the Planning
Department when work began and was told that Mr. Christensen
had received variances; the additional decks and bay windows
are additional encroachments and would require additional
variances.
George Casassa, adjacent property owner, stated he thought
there was a blatant violation with additional bay windows and
decks.
The Vice-Mayor closed the public hearing.
The Planning Director asked the Town Council to make a
determination whether the plot plan was sufficient to
determine if there were encroachments.
Councilmember Logan noted if there is an existing
non-conforming structure, any construction would require a
variance; suggested the matter be returned to the BAR if a
variance is required and returned to Council without further
fees.
The Town Manager stated he would follow-up on survey suggested
by Mr. Jocelyn.
TOWN COUNCIL MINUTES #831
4-19-89
Page 6
MOTION:
Moved:
Vote:
To remand this item to the BAR for a determination
whether a variance is required under the Zoning
Ordinance for those changes in the approved drawings.
In the event, the BAR determines a variance is
required, the BAR should constitute a properly
noticed public hearing to address that issue. If the
BAR decides no variances is required, the matter
automatically comes back to the Town Council without
any appeal fees. Similarly, if the BAR decides a
variance is required and it is denied, the applicant
be permitted to appeal to the Town Council without
additional fees. Asked the Town Manager to provide
information to the BAR based on his investigation of
the surveyor so they can determine whether it is
appropriate or inappropriate for Mr. Christensen to
have a licensed survey.
Logan, Seconded by Mayberry
AYES: Unanimous
NOES: None
ABSENT: Duke
8 . APPEAL BOARD OF ADJUSTMENTS & REVIEW DECISION
(A.P.# 38-041-29 New Residence 4960 Ranch Road, Applicant:
Kolthoff; Appellant: Mr. & Mrs. Richard Coe)
The Planning Director reviewed the Staff report and showed a
video which depicted the story poles as seen from the Coe's
deck and inside their house.
The Mayor opened the public hearing.
Renton Rolph, attorney representing Appellant Mr. and Mrs.
Richard Coe, showed the Council photos taken from the Master
Bedroom, hallway and den that would be effected; stated these
rooms are closer to the Kolthoff's house; reviewed definition
of "view" as written in the tree ordinance; didn't know why
the BAR and Staff continue to be hung-up on living room view;
reviewed the BAR minutes; reviewed letters concerning
neighbors support and stated none of them have a view
blockage; stated the Kolthoff's house is unique; it extends
out over the Bay; to their knowledge there isn't a single two
story home on the waters edge with the exception of one home
at the Corte Madera edge; the question is whether it is
appropriate on the shoreline; thought there were BCDC
implications; there is an already existing non-conforming use
which his clients didn't object to; also concerned about the
heights of the forward parts of the roof; noted the Assistant
Planner's original Staff Report stated the BAR needed to make
a finding that the application is consistent with the existing
and proposed General Plan and there is nothing in the BAR
minutes showing this finding was made; provided Council with a
photo montage. In response to Councilmember Logan, Mr. Rolph
stated the major living areas are the Coes' master bedroom,
TOWN COUNCIL MINUTES #831
4-19-89
Page 7
living room, den, upper hallway and exterior deck; stated they
would lose their East Bay view. Councilmember Logan noted the
hallway is not a living area.
Mr. Rolph stated the house is shaped as an "E" and the
connecting part of the "E" will come out; suggested they use
the center space to create a magnificent single story home
that will maintain views, or as an alternative have the second
story in the extreme rear of the new house.
George Silvestri, representing Applicants Mr. and Mrs.
Kolthoff, stated they were there to address the appeal which
is based on views; would ignore Bcnc and General Plan issues;
stated his client wasn't putting a two story house at the
water's edge; the second story was in the back on the lawn;
stated the existing house is dysfunctional and the owners and
architect will explain why the proposal is the way it is and
approved by the BAR; there have been major concessions made to
accommodate view impact. The Town Council acknowledged
receipt of Mr. Silvestri's letter that date.
Mr. Silvestri showed the Council a storyboard with milar
overlays; showed location of trees which were blown down in
1986; their removal created a view which the Coes are now
objecting to losing; it's not a long historic view.
Mr. Coe noted that's an inaccurate statement.
Mr. Kolthoff showed pictures of two story homes throughout the
area; pointed out homes of residents who voiced approval of
the design; noted the only one complaining is the Coe property
which is uniquely set way back on a lot which creates its own
view problems; showed original sketch; showed revised sketch
which was to reduce impact on the Coe's views; the intent is
to connect the two parts of the house and make it into one
living space; they limited windows; made some windows opaque;
explored a single story house; already at the maximum of the
lot coverage; would need a variance for additional lot
coverage; he would have a large house sprawling across the
entire yard; logical thing seemed to stay away from both the
Smiths and Coes houses; stated even a one story house would
block the view from the Coe's; it would not be without impact
on their view; the problem is essentially a side view; have
lived in the house ten years; have tried to design it as a one
story; unless he cut way back on their desires, the house
wouldn't work; even a one story roof would have an impact on
their view, and perhaps even more of an impact if it is a
larger house.
There was discussion regarding the lot coverage; acreage below
and above water and a grove of trees across the back of the
property which restricts expansion of the house in that area.
TOWN COUNCIL MINUTES #831
4-19-89
Page 8
Greg Lomax, architect, stated he tried to design a one story
house; would require a variance; reviewed proposed additional
lot coverage; tried to accommodate client's needs; the BAR did
not feel it was their obligation to hold that all views as
sacred; the BAR felt they had the opportunity to allow certain
things.
George Silvestri showed Council pictures of other two story
houses in the area.
Renton Rolph stated he had not walked the entire area but he
was talking about two story houses right on the beach; houses
further back from the shoreline aren't a view blockage issue;
noted BAR minutes reflect Mr. Kolthoff as saying he didn't
want a sprawling one story home; no sketches by the architect
of a single story solution; given the importance of view
preservation, it would be very reasonable for the architect to
have advised his client to go for a variance on the footprint
rather than obstructing an uphill view; there is no need to
eliminate the area of the existing house near the Coes.
In response to Councilmember Logan, Mr. Rolph presented a
recreated picture which showed where the trees which fell
during the storm of 1986 would have stood which were to the
right of the existing storypoles.
Councilmember Logan asked Mr. Rolph what in his view were the
Coes legal right to a view which they are trying to protect.
Mr. Rolph stated that since these issues are not litigated the
legal rights are defined by the ordinances of the Town; the
guiding principles of design review state view considerations
are primary; logical solution would be to keep the current
footprint and use the middle area; apply for a variance and
they would get it with unanimity of the neighbors.
Mr. Silvestri presented another set of photos which showed the
Coes keep their windows covered; stated this is not a view
that has been traditionally taken advantage of; this is as
issue that has been created.
Mrs. Coe state there are vertical blinds which you can still
see through from the inside while protecting their furniture
from the sun.
Jennifer Kalthoff, daughter of the applicants, stated she and
her sister have two huge skylights over their bedrooms and the
trees overhang the skylights.
The Mayor closed the public hearing.
Councilmember Mayberry stated she was inclined to agree with
the BAR that there is not a major view blockage; there is
still a great deal of view not obstructed.
TOWN COUNCIL MINUTES #831
4-19-89
Page 9
Councilmember Coxhead stated it's a large parcel and the
existing structure is grandfathered in; the existing
improvements on the site are located in an area to capture the
view and enjoyment of the property and it is a totally
dysfunctional house; stated they are trying to make do with
something they wouldn't have created to begin with;
exceptional circumstances relating to the property; think
there is an impact on the Coes view and think Mr. Rolph has
described it accurately; would be inclined to ask applicant to
consider an alternative that would be basically one story; the
Council is already granting a variance; encroachment already
exists on that property line; asked the Kolthoffs to make a
good faith effort to give some thought to creating an addition
in the one story area; had not had a chance to fully digest
Mr. Silvestri's letter; seemed consideration to expansion of
one story would be appropriate; understand zoning would be
RO-2; not sure if it would be possible to have a lot split;
number of factors make him feel the current proposal is not
the best possible design.
Councilmember Logan stated he thought there is some
significant view blockage; didn't think the Coes had a legal
right to a view; sited recent court decision; thought there
were things the applicant could do that might ameliorate the
view impact; liked the design; thought the architect very
competent.
Councilmember Shaw thought there might be some way to further
accommodate less of a view disruption; would like to suggest
that as a possibility; suggested appointing a subcommittee to
work with both parties to see if this could be worked out.
Councilmember Logan not in favor of a subcommittee; the
Council didn't have the architectural expertise; stated it was
always difficult to ask an architect to redesign; not saying
the Coes are entitled to a 100% of that view; I am saying the
view obstruction according to the proposed design would be
unreasonable.
Greg Lomax, architected, stated in order to place a two story
structure in the back, they would have to remove existing area
or they would still impact their view; even a one story
structure of a sloped roof or pitched roof; a redesign would
be useless~
George Silvestri suggested a continuance to get together with
the Coes.
MOTION:
Moved:
Vote:
To continue the item to May 3, 1989
Logan, Seconded by Mayberry
AYES: Unanimous
ABSENT: Duke
TOWN COUNCIL MINUTES #831
4-19-89
Page 10
13. RED & WHITE FERRY SERVICE (Approve Joint Powers Agreement
with the City of Belvedere for the Purpose of Entering
into Agreement with Red & White Fleet Regarding Federal
Funding)
Councilmember Logan reported that he and representatives from
the City of Belvedere have been endeavoring to insure the Town
of Tiburon and Red & White Fleet could make application to
UMTA for federal funds to flow to Metropolitan Transportation
Commission; in order to accomplish this the Town needs to
enter into a Joint Powers Agreement. Noted Section 5 of the
Draft JPA has been reworded by the Town Attorney.
MOTION: To adopt Resolution Authorizing the Mayor to Execute
the amended Joint Powers Agreement with the City of
Belvedere Regarding Harbor Carriers, Inc.'s Ferry
Service
Moved: Mayberry, Seconded by Logan
Vote: AYES: Unanimous
ABSENT: Duke
MOTION: To adopt Resolution Authorizing the Mayor to Execute
Agreement between the Town of Tiburon, City of
Belvedere and Harbor Carriers, Inc. Subject to Prior
Approval of the Contract by the Council's Legal
Subcommittee and Town Attorney
Moved: Logan, Seconded by Mayberry
Vote: AYES: Unanimous
ABSENT: Duke
9. PUBLIC FACILITIES FEES ORDINANCE (Enabling Legislation for
Implementation of AB 1600, Ordinance, 1st Reading)
This item was continued.
H. UNFINISHED BUSINESS
10. NEW TOWN HALL LOCATION ISSUE (Consider Public Hearing
Date, Location and Meeting Format)
The Town Manager reviewed the Staff report and recommended
June 1 for a Town Meeting at Del Mar School Music Room.
Jim Wilson, Chairman of New Town Hall Committee, stated they
interviewed a consultant to put together a questionnaire;
presented his recommendations and cost estimate.
In response to Vice-Mayor Shaw, the Planning Director stated
the Draft General Plan has not done a significant analysis of
any of the three potential Town Hall sites.
Al Kuhn stated the only purpose of the survey is to get a
reaction from the community as to where they want to place
Town Hall.
TOWN COUNCIL MINUTES #831
4-19-89
Page 11
Councilmember Mayberry stated the original intent of their
motion was with the understanding an EIR would be done on the
Mar West site and the other two sites.
Mr. Wilson stated the Committee got the sense at the last
meeting that the Council wanted to be sure what the public
wanted and the Committee wrapped it up as one project.
Councilmember Coxhead stated he though traffic generated to
and from Town Hall was relevant and this infomration gathered
for a focused EIR.
Stewart Hopkins noted he thought it was a tragedy to make
decisions at this late hour; thought the Council needed an
EIR; needed answers; thought the proposal would be an
ecological disaster for the marsh preserve; would like to see
a site plan for all three sites and a conceptual elevation;
asked where the Child Care Center was going; would like to
hear some justification why we can't get an EIR done on the
three sites and then proceed with the questionnaire.
Nat Marans thought the schedule was premature; thought the EIR
was all important; didn't think an EIR was necessary for the
present site; thought there would be a legal problem using the
marsh open space property.
Councilmember Coxhead stated his concept was to send out a
flyer with a brief description of the three sites; a tear-off
portion could be handed in at the Town Meeting.
Councilmember Mayberry suggested the Council authorize them to
proceed as economically as possible; give the residents enough
information at this stage to peak their interest; get them to
the meeting and have people at the meeting speaking in favor
of and against each site.
Vice-Mayor Shaw suggested both Stewart Hopkins and Nat Marans
information be included in what goes out as far as information
is concerned; asked Jim Wilson to look at other consultants.
The Town Manager stated he would coordinate information.
11. STREET REPAIRS AND DAMAGE FROM NEW CONSTRUCTION (Adopt
Policy Regarding Cost of Repairs)
This item continued.
12. WATERFRONT COMMITTEE'S PROGRESS REPORT (Consider Planning
Commission Recommendations Regarding Concept and Provide
Direction to Committee)
Don Batten, Chairman of the Waterfront Committee, showed the
Council a video he prepared which illustrated the proposal and
interviewed members of the community.
TOWN COUNCIL MINUTES #831
4-19-89
Page 12
Councilmember Coxhead suggested he show the video to the
homeowner associations and the Town's Parks & Open Space
Commission.
I. NEW BUSINESS
14. 1989-90 TOWN BUDGET (Set Public Hearing Dates)
This item was continued.
J. COUNCIL, COMMISSION OR COMMITTEE REPORTS
TOWN COUNCIL MEETINGS (Establish Meeting Format and Time
Limits - Vice-Mayor Shaw)
This item was continued.
K. COMMUNICATIONS
Ltr. from Chamber of Commerce to the Town Manager dt'd. April
11, 1989 (Request to Use Shoreline Park for 4th of July
Festivities)
This item was continued.
L. ADJOURNMENT
There being no further business before the Town Council of the
Town of Tiburon, Vice-Mayor Shaw adjourned the meeting at
12:24 A.M., April 20, 1989 sine die.
/ '
~ .~~
/' ... 0a/)1/~/d.) ~t /---
ANCIS X. SHAW, VICE-MAYOR
Town of Tiburon
ATTEST:
R. L. KLEINERT, T WN MANAGER/CLERK
TOWN COUNCIL MINUTES #831
4-19-89
Page 13
TOWN COUNCIL
MINUTES
CLOSED SESSION
Mayor Duke called the Closed Session of the Town Council of
the Town of Tiburon to order at 6:40 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, April
5, 1989 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,
Town Engineer Bala (10 P.M.),
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
RING MOUNTAIN DEVELOPMENT
Don Batten, President Belveron Homeowners Association,
praised Perini Land & Development Co. for their work in
their neighborhood.
Tim Patton, Perini Land & Development Co., requested
permission to begin infrastructure improvements on the Ring
Mountain Development in April instead of May 1 as outlined
in their Precise Plan. Council agreed to agendize the
request for the next meeting; requested Staff to notify the
surrounding property owners.
THE TERRACES
The Town Manager noted that Sarah Wally, Monterosa Project
Manager, was present, and advised Council that their project
would begin excavation at Lyford Drive on May 1.
TOWN COUNCIL MINUTES #830
4-5-89
Page 1
TIBURON PENINSULA SOCCER LEAGUE
Hugh Scott, Tiburon Peninsula Soccer League, expressed
concern regarding the status of McKegney Green; stated last
year a player broke her leg because of potholes in the
field; as President of the League he was prepared to suggest
that they assist in reseeding the field. The Mayor directed
Staff to agendize this matter.
D. CONSENT CALENDAR
Items 1. Minutes and Item 9. Donahue Building Agreement were
removed.
MOTION: To approve the Consent Calendar consisting of the
following items:
2. TRAFFIC SAFETY COMMITTEE REPORT & RECOMMENDATIONS -
(Resolution)
3. CLAIM AGAINST THE TOWN (John C. & Elaine M. Lewis -
Recommend Denial)
4. INVESTMENT POLICY MONTHLY REPORTS (February & March)
5. NATIONAL VOLUNTEER WEEK (April 9-15 - Resolution)
6. BAY TRAIL PLAN (Support Draft Bay Trail Plan - Res.)
7. AWARD OF BIDS (Tiburon Blvd. Phase II and Apollo Road
Construction)
8. VISTA TIBURON PRECISE PLAN/TENTATIVE MAP - (Resolution
No. 2589 Denying Project)
10. MAJOR CRIMES TASK FORCE (Request for Indication of
Support for FY-1989-90)
Moved: Mayberry, Seconded Logan.
Vote: AYES: Unanimous
D. PUBLIC HEARINGS
11. PRECISE PLAN AMENDMENT (Agins Property; Owner Real
ESTECH, Inc. - End of Gilmartin Drive - Resolution)
The Planning Director reviewed the Staff report. Ken Cohen,
attorney for Agins, was present.
The Mayor opened the public hearing. There being no
commerits, the Mayor closed the public hearing.
MOTION: Approve Resolution Amendment Agins Precise Plan as
to Pertains to Lot 2
Moved: Coxhead, Seconded by Logan
Vote: AYES: Coxhead, Logan, Shaw, Duke
NOES: Mayberry
TOWN COUNCIL MINUTES #830
4-5-89
Page 2
12. LaCRESTA DEVELOPMENT
The Planning Director reviewed the Staff report.
In response to Councilmember Mayberry, Mr. Nana, applicant,
explained that Lots 30 and 31 face Mt. Tamalpais and open
space; stated the lot line between Lots 19 and 20 was
adjusted after being advised by the Town Engineer that a
drainage easement wasn't necessary. Irv Schwartz stated the
landscaping improvements have been bonded and installation
is underway; they had to wait until there was electricity
available to accommodate the irrigation system.
The Mayor opened the public hearing. There being no
comments, the Mayor closed the public hearing.
a. Tiburon Crest Master Plan Amendment, Ordinance, 2nd
Reading
MOTION:
Moved:
Vote:
To read by title only.
Coxhead, Seconded by Logan
AYES: Unanimous
The Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON APPROVING AN AMENDMENT TO ORDINANCE NO. 238 N.S.
THE LA CRESTA MASTER PLAN.
MOTION:
Moved:
Vote:
To adopt the aforementioned Ordinance.
Coxhead, Seconded by Logan
AYES: Coxhead, Logan, Shaw, Duke
NOES: Mayberry
b. Precise Plan/Tentative Map/Minor Subdivision - Two
Resolutions
MOTION: To adopt Resolution Approving Modifications to the
La Cresta Precise Plan and Tentative Map
Moved: Coxhead, Seconded by Shaw
Vote: AYES: Coxhead, Logan, Shaw, Duke
NOES: Mayberry
MOTION: To adopt Resolution Amending Resolution No. 1187
Approving the Precise Plan and Tentative Map for
LaCresta Subdivision Off of Via Los Altos Road with
Respect to Original Condition No. 11
Moved: Coxhead, Seconded by Logan
Vote: AYES: Coxhead, Logan, Shaw, Duke
NOES: Mayberry
TOWN COUNCIL MINUTES #830
4-5-89
Page 3
c. Development Agreement Procedures - Resolution
MOTION: To adopt Resolution Establishing Procedures and
Requirements for the Consideration of the
Application of La Cresta Associates for a
Development Agreement
Moved: Coxhead, Seconded by Logan
Vote: AYES: Coxhead, Logan, Shaw, Duke
NOES: Mayberry
d. Development Agreement, Ordinance 1st Reading
Councilmember Coxhead stated Section 1, paragraph B, line 6,
Exhibit A, needed to be changed to read: "the Development
Agreement attached hereto as Exhibit A".
MOTION:
Moved:
Vote:
To read by title only.
Coxhead, Seconded by Shaw
AYES: Coxhead, Logan, Shaw, Duke
NOES: Mayberry
The Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON APPROVING A DEVELOPMENT AGREEMENT FOR THE LA
CRESTA DEVELOPMENT.
MOTION: To pass first reading of the aforementioned
ordinance, as amended.
Moved: Coxhead, Seconded by Duke
Vote: AYES: Coxhead, Logan, Shaw, Duke
NOES: Mayberry
13. PRECISE PLAN AMENDMENT (API 38-011-41, 16 Cibrian Dr
Applicant: Keith; Request to Move Building Envelope)
The Planning Director reviewed the Staff report and drawings
of the application which was a request to move the secondary
building envelope. The Planning Commission had concerns
regarding view blockage issues and denied the request.
The Mayor opened the public hearing.
Neil Sorenson, attorney for applicant Keith, stated most of
the neighbors supported the application with conditions;
Lots 1 and 2 had not given consent; the architect of Lot 1
has stated they have no water view from their lot; Lot 2 is
right across the street from the Keiths; the approved plans
for the house on Lot 2 show the house oriented essentially
towards Mt. Tam; landscape plans for Lot 2 show a pool for
the front yard which will require a 6' fence, and their
landscape plans show shrubs which would block any view of
the Bay.
TOWN COUNCIL MINUTES #830
4-5-89
Page 4
Chris Craiker, architect, used transparencies to show
existing approval; reviewed Mr. Keith's needs; a revised
plan would block views from Lots 3 and 4; a montage of
photos showed potential view blockages.
Mr. Cohan, owner of Lot 2, stated he had several concerns;
the other neighbors are not effected by this proposal;
stated tremendous time was placed into this project and
building envelopes were placed with a great deal of
consideration; stated he was restricted to a single story
house; thought the Keiths could still build within his site
so that Mr. Cohan's views were preserved; stated he was the
manager of the original project; holds title to Lot 2 and
will build on it; showed the Council a colored xerox which
depicted the view impact from his house.
Michael Keith, applicant, thought the proposal was the only
viable alternative, reviewed the history of the application;
they purchased an existing home; were told before they
purchased the house, they could proceed with proposed plans;
the proposed plan would allow for a 70' separation between
houses instead of 20'; the already approved primary building
envelope would cause view blockage for two lots; an
expansion of any configuration has been reviewed by two
architects and it could be done in the primary building
envelope but would have a massive impact on Lots 3 and 4 and
be very impractical with their design; it would raise the
question of reconfiguring the interior of the house; impact
on Lot 2 would be as minimal as current proposal; Mr. Quang,
owner of Lot 2, has not agreed to this proposal.
Mr. Dovbish, owner of Lot 6; Chuck Hartman, adjacent
property owner at 12 Cibrian; owner of 2 Cibrian and Joan
Cassidy spoke in favor of exchanging the building envelopes.
The Mayor closed the public hearing.
Moved:
Vote:
To adopt Resolution Approving an Amendment to the
Precise Plan for Lot 5 (16 Cibrian Drive) of the
Hexan Subdivision
Coxhead, Seconded by Mayberry
AYES: Unanimous
MOTION:
14. CONDITIONAL USE PERMIT (AP 59-102-20, Tiburon Deli, 110
Main Street, Applicant: Madi, Request for On-Site Sale
and Serving of Beer and Wine)
The Planning Director reviewed the Staff report which
recommended approval of the Use Permit for the current
operation; hours of operation were 10:30 A.M. to 5:30 P.M.
TOWN COUNCIL MINUTES #830
4-5-89
Page 5
Frances and Betsy Slavich, One Tamalpais, wrote a letter
opposing issuing a beer and wine license for outdoor use.
The Mayor opened the public hearing.
Mr. Madi, operator of Tiburon Deli, stated he didn't know he
needed a permit; requested Council's permission to continue
current operation.
The Mayor closed the public hearing.
There was discussion regarding the hours of operation along
Ark Row.
Dennis Perkins, Main Street Properties, stated the Town's
Zoning Ordinance is silent with respect to regulation of
alcoholic sales; didn't believe a change of use has been
required ever before in this type of change; knew of only
one other instance where the Town regulated the hours of
operation and that was Mary Gomes restaurant; if one
business has regulated hours, all businesses should be
regulated; wanted to see some written documentation of how
these things were handled in the past; noted Ark Row hasn't
been residential for 15 years.
The Planning Director stated this application is a change of
use because right now it is a deli serving food on the
premises and carry out food; by introducing alcohol on-site
consumption, they are changing the use to a bar function.
Moved:
Vote:
To Adopt Resolution Approving a Use Permit for the
On-Site Sale and Serving and Off-Site Sale of Beer
and Wine at The Tiburon Deli Located at 110 Main
Street
Logan, Seconded by Coxhead
AYES: Unanimous
MOTION:
15. ORDER TO SHOW CAUSE (Fence Encroachment on Town Property
- One San Rafael Avenue)
The Town Manager reviewed the Staff report; indicated the
new owners made a proposal dated March 31; he responded to
their proposal and a letter was received this date in
response to his concerns regarding liability for use of the
well; if conditions are acceptable, the new owner will
relocate the fence within 15 days after signing the letter
agreement. The Town Manager noted BCDC has also advised the
new owner of their concerns and conditions.
The Town Manager stated he advised the new owner that if he
wants to use the well he has to assume responsibility for
maintenance, liability and hold the Town harmless. The
Supt. of Public Works stated the Town doesn't use the well.
The Mayor opened the public hearing.
TOWN COUNCIL MINUTES #830
4-5-89
Page 6
Harry O'Brien, attorney representing the new owner Mr. Lam,
stated they believe the owner has a legal right to use the
well; agreed with the Town Manager's statement regarding
liability for use of the well; concerned about liability for
general access to the property.
Mary Poole stated the well is covered; the issue is moving
the fence so that the public has access to the Town's
property.
The Mayor closed the public hearing.
MOTION: To approve of the revised letter agreement whereby
Mr. Lam will assume responsibility for any damage
resulting because of the well and the Town would
assume responsibility for anything else on the
Town's property.
Moved: Mayberry, Seconded by Shaw
Councilmember Logan reiterated that the Town is not going to
indemnify Mr. Lam for anything. Mr. O'Brien stated he
understood; Mr. Lam will have the liability and exposure and
will indemnify the Town with regard to the well.
AMENDED MOTION: The letter agreement is reviewed by the
Town Council's Legal Subcommittee and Town Attorney
before it is finalized.
The amendment was suggested by Councilmember Coxhead and
agreed to by Councilmembers Mayberry and Shaw.
Vote: AYES:
NOES:
Coxhead, Logan, Mayberry, Shaw
Duke
16. PRECISE PLAN AMENDMENT (AP 39-271-10, 176 Avenida
Miraflores, Applicant: Pedersen; Request to Expand
Building Envelope to Accommodate Pool & Spa)
The Planning Director reviewed the Staff report.
Mr. Pedersen stated there was no provision in the CC&Rs
regarding building outside the building envelope.
MOTION: To adopt Resolution Approving Precise Plan
Amendment to the Miraflores Project Precise Plan
Regarding Lot 18 at 176 Avenida Miraflores
Moved: Coxhead, Seconded by Logan
Vote: AYES: Unanimous
TOWN COUNCIL MINUTES #830
4-5-89
Page 7
E. UNFINISHED BUSINESS
17. NEW TOWN HALL PROGRAM (Consider Report & Recommendations
and Provide Direction to Committee)
Jim Wilson, Chairman of the New Town Hall Committee,
reviewed the Staff report and a proposed design competition
schedule; stated the Town Attorney contacted the former
Innisfree Companies attorney, and it was Bill Ziegler's
opinion that the reversionary rights to the flood plain
property belong to The Innisfree Companies and not the Point
Tiburon Condominium Associations; have talked to David Irmer
and he understands what the Committee would like to do with
regard to parking on that site and he indicates he would
change the dedication conditions; met with the Point Tiburon
Marsh Condominium Association's Board of Directors along
with Louise Teather and the Board took the issue under
advisement; stated the Point Tiburon homeowners should
obviously be consulted but it is not their decision as to
how this property is used. Mr. Wilson reviewed the
Supplemental EIR schedule; financial chart; information
about the November ballot concerning open space property on
Ned's Way and proposed the Town hire William Liskkam to
conduct the design competition.
Bill Liskkam gave a slide presentation of the Escondido
design competition he conducted.
Considerable discussion ensued regarding the need for
additional information from the community regarding the
desirability of the three different sites before the Council
committed to a design competition for the Mar West site.
MOTION: Withhold any expenditure of funds at this time;
send out a questionnaire to everyone in residence
in Tiburon.
Moved: Duke, Seconded by Mayberry
Discussion ensued regarding staking the current Town Hall
site and it was decided Councilmembers could look at it over
the weekend.
Councilmember Logan stated they were elected to do the job
before them and make a decision; the Council was in a much
better position to decide the issue.
Vice-Mayor Shaw stated he would like more information from
the people who live in this Town; would like to see this
process and the General Plan enmeshed.
TOWN COUNCIL MINUTES #830
4-5-89
Page 8
Councilmember Logan stated he was opposed to a questionnaire
in principle, if it is to be done, he suggested the
questionnaire include arguments pro and con each site; only
in that way would the public have adequate information to
make a decision.
Councilmember Mayberry stated she wanted to see an EIR on
all three sites before making a decision.
Mayor Duke withdrew the motion.
Stewart Hopkins and Nat Marans asked Council to not rush
selection; get adequate information.
Larry smith noted the Council would have to sell the public
on the idea of a new Town Hall, and Hal Edelstein urged the
Council to send out a questionnaire.
The Town Council agreed to have a Town Meeting, the date to
be determined, to get public input from the community.
18. OLD ST. HILARY'S OPEN SPACE PRESERVATION PROGRAM
(Consider Committee's Recommendations for Joint Powers
Agreement and Mello Roos District Financing)
The Town Manager reviewed the Staff report; stated the
County would be the lead agency and involved through the
Open Space District; primarily the JPA is structured so
there would be a Community Facilities Assessment District
which would have to go to a vote of the people, in
additional to other funding and perhaps some development.
Councilmember Logan questioned under the Joint Powers
Agreement who will take title to the land if the parties
negotiate acquisition. The Town Manager stated his is a
valid concern that needs to be worked out.
MOTION: To adopt the Joint Powers Agreement with City of
Belvedere and County of Marin for the purpose of
acquiring open space property with the addition of
Assessor Parcel Numbers for the appropriate
properties.
Moved: Logan, Seconded by Coxhead
Vote: AYES: Coxhead, Logan, Mayberry, Shaw
NOES: Duke
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F . NEW BUSINESS
19. BOARD OF ADJUSTMENTS & REVIEW PROCEDURES (Consider New
or Modified Procedures to Expedite Processing of
Applications)
The Town Manager reviewed the Staff report; the Planning
Consultant Ed Haworth submitted a report and the Board of
Adjustments & Review held a workshop meeting and made some
recorrunendations.
Jud Moorhouse, Chairman BAR, stated the report contains
their concerns; noted Staff turnover; suggested homeowner
associations and developers establish design review
corrunittees; Staff to make sure applications are complete.
After further discussion, Council referred the matter to a
Subcorrunittee of Councilmembers Logan and Coxhead, two
members of the BAR and Staff.
9. DONAHUE BUILDING USE AGREEMENT (Authorize Extension to
Term of Agreement)
Councilmember Logan wanted to be sure the Point Tiburon
Condominium Associations were notified of proposed use of
the Donahue Building during the 25th Anniversary. The Town
Manager stated letters have been sent to them.
MOTION: Approve Staff's recorrunendation with respect to
Donahue Building Agreement with condition they
approach the condominium associations and obtain
written approval for other uses.
Moved: Logan, Seconded by Coxhead
Vote: AYES: Unanimous
1. APPROVAL OF MINUTES:
MOTION:
To approve the following minutes as corrected:
#823, February 21, 1989, Mayor Duke's arrival time to be
noted; typo on page 4; vote on page 6 corrected.
#825, March 1, 1989, as submitted.
#826, March 9, 1989, as submitted.
#827, 'March 15, 1989, as submitted.
Moved: Logan, Seconded by Coxhead
Vote: AYES: Unanimous
#824, February 28, 1989 - Continued to next meeting.
20. PUBLIC FACILITIES FEES ORDINANCE (Enabling Legislation
for Implementation of AB 1600, Ordinance, 1st Reading)
Item continued to next meeting.
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21. MMWD WATER RESTRICTIONS (Town Implementation Plans)
Item continued to next meeting.
22. STREET REPAIRS AND DAMAGE FROM NEW CONSTRUCTION (Adopt
Policy Regarding Cost of Repairs)
Item continued to next meeting.
G. COUNCIL, COMMISSION OR COMMITTEE REPORTS
TOWN COUNCIL MEETINGS (Establish Meeting Format and Time
Limits - Vice-Mayor Shaw)
Item continued to next meeting.
H. COMMUNICATIONS
Ltr. to Supt. of Public Works from Cagwin & Dorward
dt'd. 3-20-89 (McKegney Green Renovation Proposals)
I. ADJOURNMENT
There being no further business before the Town Council of
the Town of Tiburon, Mayor Duke adjourned the meeting at
11:50 P.M. sine die.
,~ /4
,,~---~ .
LAWRENCE J. DUKE, MAYOR
Town of Tiburon
ATTEST:
MANAGER/CLERK
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