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HomeMy WebLinkAboutTC Min 1989 (October thru December) TOWN COUNCIL MINUTES CLOSED SESSION Mayor Logan called the Closed Session of the Town Council of the Town of Tiburon to order at 6:05 P.M. to discuss litigation. CALL TO ORDER Mayor Logan called the adjourned meeting of the Town Council of the Town of Tiburon to order at 6:40 P.M., Monday, December 18, 1989 in Room 5, Del Mar School, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Coxhead, Mayberry, Duke, Shaw, Logan ABSENT: COUNCILMEMBERS: None EX OFFICIO: Town Manager Kleinert, Town Attorney Truxaw, Town Clerk Hennessy B. PUBLIC QUESTIONS AND COMMENTS Councilmember Shaw asked Staff to review the Tiburon Boulevard Improvement Fund; its priorities and timeframe for use of The Innisfree Companies' contribution. C. PUBLIC HEARING 1. BALLOT MEASURE FOR MUNICIPAL ELECTION ON APRIL 10, 1990 The Mayor opened the public hearing. Tom Sherwood, RUSD Board, reminded the Council there was a restriction on a portion of the Town's property which was sold by the School District to the Town which provides that so long as the district maintains the Reed School at its current location, the School District can continue to use the area, where the child care center and thrift shop are located, as a playground; noted that the School District entered into an agreement to allow the child care center facility to be built in that area for a three year period. TOWN COUNCIL MINUTES #864 12-18-89 1 Anne Gigounas, RUSD, emphasized that the School District wants to cooperate with the Town; wanted to make sure the ballot wording didn't mandate that all the property is to be sold. Mayor Logan stated that when the Council discussed the options available to raise funds for a new Town Hall, it took into consideration the fact the School District would be requesting a bond measure on the April ballot, and two requests for funds would be damaging for both parties and he hoped the School District recognized the Council's decision to try to sell the property instead of placing a bond measure on the ballot. The Town Manager stated the Town recognizes several obligations, i.e., keeping the child care center near Reed School, and the relocation of the Thrift Shop and Community Garden. The Mayor closed the public hearing. There was discussion amongst the Council regarding restricting the use of the property to senior citizen housing; selling the two acre parcel bought with Open Space funds in order to maximize the use of the lower portion and attract a developer of congregate care facilities; negotiations with the Housing Authority to provide some low jmoderate income housing in exchange for removing the reversionary clause in the deed, and the need for a General Plan Zoning study to begin prior to the election. Motion: Moved: Vote: Motion: Moved: Vote: "Shall the Town of Tiburon be permitted to sell all or a portion of the current Town Hall site and the adjacent two acre parcel of land purchased with open space bond funds for the purpose of applying the proceeds of the sale to build and equip a new Town Hall on Town property at the corner of Mar West and Tiburon Boulevard with the condition that the sold property be used primarily to construct senior citizen housing and that any excess funds be deposited in the Town's Open Space Fund?" Logan, Seconded by Mayberry AYES: Coxhead, Mayberry, Logan NOES: Duke, Shaw To adopt Resolution Ordering and Calling a Municipal Election in the Town of Tiburon on April 10, 1990 for the Purpose of Placing a Measure on the Ballot. Logan, Seconded by Mayberry AYES: Coxhead, Mayberry, Logan NOES: Duke, Shaw TOWN COUNCIL MINUTES #864 12-18-89 2 D. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Logan adjourned the meeting at 7:50 P.M. to January 3, 1990. PETER B. LOGAN, MAYOR , / /~ ~ j,. ...."l,,( j ,:--. / .. .. ,) // ,/ 'l-"""t .- ..'.,...-:1..... -~_" .--.~.._.. ATTEST: 9~A~ ,it! ~_n.AA~ THERESE M. HENNESSY, T CLERK TOWN COUNCIL MINUTES #864 12-18-89 3 TOWN COUNCIL MINUTES CALL TO ORDER Mayor Logan called the workshop meeting of the Town Council of the Town of Tiburon to order at 7:40 P.M., Tuesday, December 12, 1989 in Room 5, Del Mar School, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Coxhead, Mayberry, Logan ABSENT: COUNCILMEMBERS: Duke, Shaw EX OFFICIO: Acting Town Manager Stranzl, Town Attorney Truxaw, Police Chief Herley, Lieutenant Lewis, Superintendent of Public Works Brunini, Planning Director Lohman, Town Clerk Hennessy B. PUBLIC QUESTIONS AND COMMENTS There were none. C. CONSENT CALENDAR Motion: To approve the Consent Calendar consisting of the following item: 1. MILL VALLEY REFUSE SERVICE RATE ADJUSTMENT (Approve 10th Amendment to Agreement) Moved: Vote: Coxhead, Seconded by Mayberry AYES: Unanimous ABSENT: Duke, Shaw D. UNFINISHED BUSINESS 2. NEW TOWN HALL New Town Hall Committee Chairman Wilson summarized the Committee's past efforts and the most recent proposal to use the Mar West/Tiburon Boulevard site for the new Town Hall as a result of an offer from the Zelinsky Family to donate additional property to the Town adjacent to the original gift. TOWN COUNCIL MINUTES #863 12/12/89 1 Hal Edelstein, former Mayor and member of the Committee, read a letter he had sent to The Ark which outlined the point system used to grade the current Town Hall site's suitability in comparison to the Mar West site. Chairman Wilson distributed photo montages of the two sites and stated no one on the New Town Hall Committee is interested in designing the new Town Hall; explained the architectural design competition which might be used; explained the current Town Hall site boundaries; reviewed the appraisal of the property which included a matrix of possible uses ranging from single family residential to low/moderate income housing which would be the highest to lowest value placed on the selling price of the property. Chairman Wilson stated two acres of the property was purchased with Open Space Bond funds; the community gardens are located on a portion of this property; the cost to relocate the gardens would be minor compared to the value of the land; stated the Town's Housing Committee recommends against building low/moderate income housing on this site, however, the New Town Hall Committee's recommendation is to use the entire parcel for senior housing; suggested a compromise between market rate and low/moderate income housing. Chairman Wilson stated there is a deed restriction on the two acre parcel purchased with the Open Space Bond funds put on by the County Housing Authority which has just been brought to their attention which needs to be addressed; asked Council to consider accepting the Zelinsky Family's offer of additional property; designate the Mar West/Tiburon Blvd. site as the preferred site for the new Town Hall and place a ballot measure on the April ballot asking voters to approve sale of the current Town Hall site and use the proceeds to build a new Town Hall at Mar West and any remaining funds would be returned to the Open Space Fund. Discussion ensued regarding logistics of keeping Town Hall operational during the construction phase; the possible development of a congregate care facility by a non- -profit group on the current Town Hall site; the deed restriction on the two acre site; the Housing Authority's desire to build additional low/moderate income housing; relocation of the Child Care Center and Thrift Shop. The Mayor opened the public hearing. Stewart Hopkins stated he has come to the conclusion you can't fight City Hall and reconciled to the use of the Mar West site for the new Town Hall, however, suggested the Police Department remain at the current site along with the Corporation Yard and that a Library be built with the Administration and Planning Departments at the new site. Mary Defenderfer, Reedlands Property Owners President, questioned how the Reed School children would access the school if the current site was developed, and suggested the Council use some of the low jmoderate income funds received from developers to develop a senior facility. Chairman Wilson stated the 25' easement would probably be relocated along the property boundary lines for access to Reed School. TOWN COUNCIL MINUTES #863 12/12/89 2 Sylvia Vigno, resident, representing the Community Gardens, asked the Council for a more definite commitment regarding relocation of the gardens. Larry Smith, former Mayor and member of the New Town Hall Committee, stated the Town owns the Belveron Mini Park, including an irrigation system, which could be developed into a Community Garden. In response to Fred Cupples, resident Greenwood Beach Road, Chairman Wilson stated a bond issue for $3.5 million would cost $100/parcel/year for 20-25 years. Carolyn Hockley asked if the Committee did a point system comparison between Mar West and Blackie's Pasture before completely excluding it; stated she was concerned with the land stability at Mar West; commended their idea of affordable senior housing; preferred Blackie's Pasture if the Town is going to build a recreation center and a child care center. Chairman Wilson stated the Committee felt Blackie's Pasture was politically unfeasible, and Gene Miller has been consulted regarding the stability of the Mar West site; stated there was 6' of fill and 35' of Bay mud and it was considered a dense surface and it would not lead to liquefication; explained surcharging. Larry Smith explained there were ten years of hearings to adopt the Precise Plan for Blackie's Pasture which would need to be amended. Ray Guthrie stated his interest was in perpetuating the Community Garden, and Tom Lacey stated he would prefer the garden be excluded from development. Kirk Hanson, former Mayor and member of the New Town Hall Committee, advocated the sale of the current Town Hall site. Alan Martini, Round Hill Road, expressed concern that a precedent would be set by selling property purchased with Open Space Bond funds to finance a new Town Hall. Each of the Councilmembers expressed their gratitude to the Zelinsky Family for their generous donation of additional land. Peter Berg, member of the New Town Hall Committee, stated he was a member of the Parks & Recreation Commission who started the Community Garden and it was a temporary installation and never meant to be permanent. Council discussed possible wording to place a measure on the April ballot asking if the Town shall sell the current Town Hall site including the two acre adjacent parcel purchased with Open Space Bond funds and use the proceeds to finance a new Town Hall at Mar West and Tiburon Boulevard. Vice-Mayor Mayberry stated she would like the wording to include that the land would be sold for the development of affordable and/or senior housing included in the ballot wording. TOWN COUNCIL MINUTES #863 12/12/89 3 Motion: Moved: Vote: Designate the Mar West site as the preferred site for a new Town Hall; order an Initial Environmental Study of the Mar West site; accept the contribution of 70' parcel adjacent to Town owned property at the corner of Mar West and Tiburon Boulevard from the Zelinsky Family; place a ballot measure on the April ballot which would ask the public to approve the sale of the current Town Hall site and two acre parcel adjacent to Town Hall in order to finance construction of the new Town Hall with the intent of the Council that the current Town Hall land be used for some type of senior housing; the property to be sold would exclude the Corporation Yard. Logan, Seconded by Coxhead AYES: Unanimous NOES: None ABSENT: Shaw, Duke The Mayor asked the New Town Hall Committee to work with Staff in developing the language for the ballot measure and draft a Resolution to be considered at an adjourned meeting on Monday, December 18, 1989 at 6:30 P.M. E. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Logan adjourned the meeting at 10 P.M. to Closed Session at 6:00 P.M. to discuss litigation and an adjourned meeting at 6:30 P.M. on Monday, December 18, 1989 to consider ballot wording. ATTEST: l .. ,'" /j ,. ;,/.') u. .......".. -... // i .'~ ':r.. r'" ,,~, ,~/.;~.....\_.. ""........ PETER B. LOqAN, MAYOR JJJ}t.J~I./Yr1. ~ THERESE M. HENNESSY, TO CLERK TOWN COUNCIL MINUTES #863 12/12/89 4 TOWN COUNCIL MINUTES \, CLOSED SESSION The closed session was continued to the end of the regular Council meeting due to the lack of a quorum. CALL TO ORDER Vice Mayor Mayberry called the regular meeting of the Town Council of the Town of Tiburon to order at 7:35 PM, Wednesday, December 6, 1989, in Room 5, Del Mar School, Tiburon, California. A. ROLL CALL Present:Councilmembers: Coxhead, Mayberry, Shaw Absent: Councilmembers: Duke, Logan Ex-Officio: Finance Director Stranzl, Town Engineer Bala, Supt. of Public Works Brunini, Attorney Truxaw, Planning Director Lohman, Minute Clerk Stultz B. APPOINTMENTS TO COMMISSION, BOARDS, COMMITTEES There were none. C. PUBLIC OUESTIONS AND COMMENTS Hazel Caldwell, 124 Leland Way, requested an update on the grading by the Highlands developer parallel to the east ditch. She noted she was under the impression the matter was to be formally agendized for this meeting. Town Engineer Bala reviewed the grading that has taken place to date noting all grading has been done according to the final grading plan. In regard to the east ditch, improvements are being made in accordance with the requirements of the Flood Control District, which also required a 15' wide maintenance road be constructed. In regard to the fill placed on the Town's open space, he a \ was directed to work with the developer to mitigate the impacts. He recommended that the fill be graded to a 3-1/2 to 1 slope in order to accommodate possible future development of the Town property. Ms. Caldwell stated her desire not to have a "bench" from the grading and that a 4 to 1 slope is more desireable to her. TOWN COUNCIL MINUTES #862 12/6/89 1 Council referred the matter to the Lands and Development Committee and to agendize the matter for the January 3, 1990 agenda. They also directed the developer to stake the area to indicate the impacts of various grading slopes. Town Engineer Bala also stated that the developer would like to have the notice of completion issued so the time clock will start on the one-year maintenance requirement. Mr. Thompson is willing to post a bond to ensure that whatever is required of him in regard to the January 3, 1990 meeting will be done. D. CONSENT CALENDAR Superintendent of Public Works Brunini requested that Item 3 (Traffic Safety Committee Report) be removed for discussion. Motion: To approve the consent calendar consisting of: I. APPROVAL OF MINUTES #860, November 15, 1989 2. MONTHLY INVESTMENT SUMMARY REPORT (October 1989) 4. ORDERING & CALLING A MUNICIPAL ELECTION IN THE TOWN OF TIBURON ON APRIL 10, 1990 FOR THE PURPOSE OF ELECTING THREE COUNCILMEMBERS 5. REQUEST COUN1Y CLERK'S OFFICE FOR ELECTION ASSISTANCE 6. 6. NOTICE OF COMPLETION (Tiburon Blvd. Downtown Improvements and Centro West Street Drainage) 7. AUTHORIZE APPROPRIATION OF FUNDS ($1,700 from Capital Outlay Fund for Security Fence to Protect Generator) 8. BELVEDERE/TIBURON JOINT RECREATION COMMITTEE (Accept Audit Report for 1988-89) Moved: Coxhead, Seconded by Mayberry Vote: AYES: Coxhead, Shaw, Mayberry ABSENT: Duke, Logan Vice Mayor Mayberry noted Item 3 will be considered at the end of the regular agenda. E. PUBLIC HEARINGS 9. APPEAL BOARD OF ADJUSTMENTS & REVIEW DECISION (A.P. #38-011- 27, Applicant: Gary Ittig, 4 Cibrian Drive; Appellants: John and Candace Hanley, Approval of New Residence) John Sharp, attorney for the appellants, requested that this matter be continued to the December 12, 1989 adjourned meeting. He noted his clients were called out of the Country and will be back December 11, 1989. Mr. Sharp stated he would like to have his clients be able to attend and speak on their appeal. TOWN COUNCIL MINUTES #862 12/6/89 2 Mr. Ittig, applicant, reviewed the history of Board meetings, contacts with the Hanley's, and design revisions. He noted to be neighborly he would agree to continue the matter to December 12, 1989. Motion: To hear this matter tonight Moved: Coxhead, Seconded by Shaw Vote: AYES: Coxhead, Shaw NOES: Mayberry ABSENT: Duke, Logan Planning Director Lohman presented an oral staff report noting the Hanley's have appealed the Board's approval of a new residence at 4 Cibrian based on view blockage and that they feel the home is to massive and bulky and not in conformance with the Hillside Design Guidelines. Staff cannot not make any finding to support the appeal and recommend the Council deny the appeal and support the Design Review Board's decision. Mr. Sharp stated the proposed residence does impact the Hanley's view and did not feel the Design Review Board did all it could do to mitigate the view blockage. Mr. Sharp requested Council remand the matter back to the Design Review Board to allow the Hanley's architect and engineer work with Mr. Ittig's architect and engineer to explore reducing the view impact to the Hanley's home. Planning Director Lohman then presented a video of the site and the view of the story poles from the Hanley's home. Mr. Ittig spoke on the matter noting that through the design review process he has lowered the home approximately 6 feet, lowered the roof slope and changed the location and access of the garage. He noted his engineers feel the home cannot be lowered any further without making changes to the whole home. He noted the home is approximately 4,500 sq. ft. and the garage an additional 600-700 sq.ft., and the roof line is approximately 7.5 feet above the road grade. Jim Gillam reviewed the design changes and noted that Herzog & Associates and Rhodes and Gardner, soils engineers have looked at the possibility of lowering the home and they do not feel the home could be lowered much further without creating erosion problems and creating too steep of a grade to the garage which is presently 16%. Mr. Sharp again noted that there is partial view blockage from the Hanley's home and requested that Council preserve the Hanley's view. Vice Mayor Mayberry closed the public hearing. Councilmember Coxhead stated that after hearing both arguments he is in favor of upholding the decision of the Design Review Board and denying the appeal. He feels the applicant has met the Hillside Design Guidelines, the building has been cut TOWN COUNCIL MINUTES #862 12/6/89 3 into the hillside and has minimized interference to the neighboring owners. He felt that if the appellants presented their case in a more specific manner the Council could have responded accordingly. He then questioned the view blockage that the chimney will cause asking if it could be moved to mitigate blockage. Mr. Gillam noted if they chimney was moved anywhere in the living room, the same blockage would occur. Councilmember Shaw agreed with Councilmember Coxhead and is in favor of denying the appeal. Vice Mayor Mayberry stated she felt the Scarpa home is far more intrusive than this proposed home. She feels the Design Review Board has done its best in attempting to modify the design so that the impact on the Hanley's would be lessened, and the design comes into conformance with the Hillside Design Guidelines. Motion: Uphold the Design Review Board decision and deny the appeal Moved: Coxhead, Seconded by Shaw Vote: AYES: Coxhead, Shaw, Mayberry ABSENT: Duke, Logan 10. TEMPORARY USE PERMIT - PARKING LOT AT BOARDWALK SHOPPING CENTER (A.P. #60-082-57, Applicant Lorene Allen; Owner: Belvedere Land Company - Renewal of Previous Approval) Planning Director Lohman presented an oral staff report noting this is a renewal of the use permit for the Boardwalk parking lot. Staff recommends Council approval of the use permit for a one year term. Councilmember Shaw suggested the Town look into assessing a tax on the parking lot. MOTION: to approve the Resolution re-issuing a seasonal use permit for a pay parking lot at the Boardwalk Shopping Center Moved: Coxhead, seconded by Shaw Vote: AYES: Coxhead, Shaw, Mayberry ABSENT: Duke, Logan 11. VIA CAPISTRANO STREET REALIGNMENT & WIDENING PROJECT (Consider Formation of Assessment District & Approve Funding for Street Overlay) Finance Director Stranzl reviewed the staff report and recommended Council adopt the exhibit resolutions initiating the Formation of an Assessment District for the improvements. Vice Mayor Mayberry opened the public hearing. TOWN COUNCIL MINUTES #862 12/6/89 4 Dana Yarger noted the cost to the neighbors for this project is approximately a quarter million dollars and suggested that Perini Land Company be requested to contribute to the project, in addition to the intersection improvements at Blackfield and Via Capistrano which will be done in conjunction with this project and paid for by Perini. Mrs. Nancy Cappelloni, 17 Via Capistrano spoke in favor of the formation of the assessment district and also suggested Perini Land Company contribute to the project. Vice Mayor Mayberry closed the public hearing. Motion: To adopt the following Resolutions: I. Resolution accepting petition 2. Resolution approving boundary map 3. Resolution approving agreement for legal services 4. Resolution appointing Mark Pressman & Associates as Managing Underwriter 5. Resolution of Intention 6. Resolution accepting report and set hearing of protest Moved: Coxhead, seconded by Shaw Vote: AYES: Coxhead, Shaw, Mayberry ABSENT: Duke, Logan Mr. Yarger then spoke in regard to the two slides that have recently occurred on the Perini property and requested the Town contact the developer to have them complete their clean-up and winterization. He has contacted them to no avail. Council agendized this matter for the January 3, 1990 Council agenda. Motion: Authorize the funding of the Via Capistrano overlay project Moved: Coxhead, Seconded by Shaw AYES: Coxhead, Shaw, Mayberry ABSENT: Duke, Logan F. UNFINISHED BUSINESS 12. FLOOD INSURANCE PROGRAM (Amendment to Town's Flood Ordinance, Ordinance, 2nd Reading) Planning Director Lohman noted this matter is second reading amending Ordinance 334 N.S. adding Section 4.3 (A) (4). TOWN COUNCIL MINUTES #862 12/6/89 5 Motion: to read by title only Moved: Coxhead, seconded by Shaw Vote: AYES: Coxhead, Shaw, Mayberry ABSENT: Duke, Logan Vice Mayor Mayberry read "AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING ORDINANCE NO. 334 N.S. REGARDING FLOOD DAMAGE PREVENTION". Motion: pass second reading of the aforementioned ordinance Moved: Coxhead, seconded by Shaw Vote: AYES: Coxhead, seconded by Shaw ABSENT: Duke, Logan G. NEW BUSINESS 13. BRADLEY HOUSE PROPERTY IMPROVEMENTS (Replace Existing Retaining Wall) Finance Director Straozl presented the staff report noting that prior to construction of the three additional units the retaining wall around the rear portion of the property must be replaced. He stated the major portion of this cost will be borne by the Town with a undetermined contribution by the Housing Authority. Staff is recommending that the Town fund this project, $40,000-50,000, from its Low/Moderate Income Housing Fund. Motion: To adopt staff recommendations except that the retaining wall shall be subject to design review Moved: Shaw, Seconded by Coxhead Vote: AYES: Coxhead, Shaw, Mayberry ABSENT: Duke, Logan 14. MILL VALLEY REFUSE SERVICE RATE ADJUSTMENT (Consider Request for Rate Increase) Finance Director Straozl reviewed the proposed rate increases of 3% and 6% for 1990 and 1991 respectively. These rate increases are recommended by the accounting firm of Touche Ross in connection with a rate analysis study for the cities of Belvedere, Tiburon, Mill Valley and Corte Madera. The main reason for the rate increase is due to the increased cost of landfill and tipping fees. Staff recommends approval of the rate increase and direct the Mayor to sign the tenth amendment to the agreement. Stranzl did note that the fees in the amendment will have to be modified slightly. Councilmembers Coxhead and Mayberry indicated that the proposed increases are fair. Council member Shaw questioned the proposed rates to other areas, and felt he could not support the requested rate increases. TOWN COUNCIL MINUTES #862 12/6/89 6 Motion: To approve a maximum rate increase of 3% for 1990 and 6% for 1991 and that the amendment to the agreement will be redrawn and considered at the December 12, 1989 meeting and placed on the consent calendar Moved: Coxhead, Seconded by Mayberry Vote: AYES: Coxhead, Mayberry NOES: Shaw ABSENT: Duke, Logan 15. EMPLOYEE SALARY & FRINGE BENEFIT ADJUSTMENTS (Planning Director, Finance Director, Supt. of Public Works & Building Inspector) Councilmember Coxhead noted that the Personnel & Administration subcommittee has reviewed the proposed increases with the Town Manager and recommend approval by the full council. Councilmember Shaw questioned the increase in health benefit allowances and recommended staff look into less expensive health insurance. MOTION: Approve the salary adjustments Moved: Coxhead, Seconded by Shaw Vote: AYES: Coxhead, Shaw, Mayberry ABSENT: Duke, Logan 16. GLOBAL CITIES PROJECT (Earth Day 1990) Council continued this item to the January 3, 1990 regular Council meeting. H. COUNCIL, COMMISSION OR COMMITTEE REPORTS Council took note of the resolution adopted by the Heritage and Arts Commission recommending formation of a Committee to develop a museum implementation plan for the Donahue Building. Vice-Mayor Mayberry reported that the Richardson Bay Shoreline Clean-up is scheduled for this Sunday, December 10, 1989 at 1:30 PM. She encouraged citizens to participate. 3. TRAFFIC SAFETY COMMITTEE REPORT (November) Supt. of Public Works Brunini stated he does not agree with the Committee's recommendation to paint the bus zone on Tiburon Boulevard near Main Street red to discourage vehicles from parking there. He noted there are two signs saying "No Parking". Council took no action on the Traffic Safety Committee report for November. TOWN COUNCIL MINUTES #862 12/6/89 7 K. ADJOURNMENT Vice-Mayor Mayberry adjourned the regular meeting to Closed Session at 10:55 PM. Council adjourned the Closed Session at 11:00 PM, to December 12, 1989. 11 l' , 1\ -, , '~J' '.I...;? I ,.' 1 G2/J ' , ' : '- J,' 1.,../ " F CES MAYBE ATTEST: () f~1rl ~ ------THERESE M. HENNES , TOWN CLERK TOWN COUNCIL MINUTES #862 12/6/89 8 TOWN COUNCIL MINUTES CALL TO ORDER Mayor Logan called the workshop meeting of the Town Council of the Town of Tiburon to order at 7:40 P.M., Tuesday, November 28, 1989 in Room 5, Del Mar School, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Coxhead, Mayberry, Logan, Duke (8:50 P.M.) ABSENT: COUNCILMEMBERS: Shaw EX OFFICIO: Town Manager Kleinert B. PUBLIC QUESTIONS AND COMMENTS There were none. C. DISCUSSION ITEMS 1. NEW TOWN HALL New Town Hall Committee Chairman Wilson summarized the past history of the Committee's efforts and recommendations. As the Zelinsky Family was proposing gift deeding an additional 12,500 sq.ft. of property adjacent to the Town's Mar West site, the New Town Hall Committee was again recommending the Mar West/Tiburon Boulevard site as the location for the New Town Hall. The Committee submitted revised drawings and a model to demonstrate the Mar West site potential. The Town Council members and the New Town Hall Committee discussed the Mar West site, possible financing options, the need for a ballot measure and future uses and disposition of the Town's existing Town Hall property. It was suggested that a public hearing be scheduled in December regarding the Committee's new recommendations and the possible need of a future ballot measure. Vice-Mayor Mayberry indicated general support for the Mar West site based upon the new information and recommended the Town consider a fall back position or option if the voters reject the ballot measure. TOWN COUNCIL MINUTES #861 11/28/89 1 Councilmember Coxhead supported the Committee's recommendation subject to the appropriate environmental assessment of the proposed project. Mayor Logan supported the Committee's recommendations and commended them on their efforts to-date. He recommended the Council reach a decision very soon concerning this issue and hopefully the matter could be tied into next April's Municipal Election. Councilmember Duke recommended proceeding with an appropriate bond measure for utilization of the exiting Town Hall site, and if that fails, then consider selling all or a portion of the existing site to pursue and implement construction of the new Town Hall at the Mar West site. It was the consensus of the Council that it would be difficult to achieve a 2/3 affirmative vote for passage of the necessary bond measure to utilize the existing site for the new Town Hall. Council directed the Town Manager to discuss the environmental assessment requirements for the proposed Mar West site with the Town's Planning Director and to contact the RUSD concerning the Town's proposed plans. D. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Logan adjourned the meeting at 10 P.M. sine die. ,/ / /' ~' .// ,.- /~. '~":<Ii/:> - ~_ :..(~> ._~~ ! ;.__.J ..., ,,>>( \,..t/ ;,..__" PETER B. LOG&N, MAYOR ATTEST: ~1~~1i ~ THERESE M. HENNESSY, WN CLERK TOWN COUNCIL MINUTES #861 11/28/89 2 TOWN COUNCIL MINUTES CLOSED SESSION Mayor Logan called the closed session of the Town Council of the Town of Tiburon to order at 7:05 P.M. to discuss litigation. CALL TO ORDER Mayor Logan called the regular meeting of the Town Council of the Town of Tiburon to order at 7:40 P.M., Wednesday, November 15, 1989 in Room 5, Del Mar School, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Coxhead, Duke, Mayberry, Shaw, Logan ABSENT: COUNCILMEMBERS: None EX OFFICIO: Town Manager Kleinert, Town Engineer Bala, Supt. of Public Works Brunini, Police Chief Herley , Planning Director Lohman, Town Clerk Hennessy B. APPOINTMENTS TO COMMISSIONS" BOARDS" COMMITTEES Motion: To appoint Mariy Slight to Marin Agency on Aging Moved: Coxhead, Seconded by Mayberry Vote: AYES: Unanimous Motion: To appoint Harry Matthews to New Town Hall Committee Moved: Coxhead, Seconded by Shaw Vote: AYES: Unanimous TOWN COUNCIL MINUTES #860 11/15/89 1 C. COUNCIL, COMMISSION OR COMMITTEE REPORTS NEW TOWN HALL COMMITTEE - Chairman Wilson requested the Council set a workshop hearing to review site selection, bond financing, and possible April ballot measure. Council set Tuesday, November 28, 1989 at 7:30 P.M., Del Mar School for a workshop with the New Town Hall Committee. D. PUBLIC OUESTIONS AND COMMENTS Hazel Caldwell, 124 Leland Way, stated the grading behind her property on Town owned open space was intrusive and claustrophobic; landscaping would increase the impact; questioned if there was some way to push the earth back and create a gentle slope. The Town Manager stated the Town Engineer has reviewed the plans and the grading was performed according to the requirements of the Flood Control District. Council directed the Town Engineer to talk to the property owner and developer and reduce the severity of the slope. E. CONSENT CALENDAR 1. APPROVAL OF MINUTES #859, November 1, 1989 was removed to the end of the agenda. Motion: To approve the Consent Calendar consisting of the following items: 2. DENY APPEAL OF DRB DECISION (16 Via Paraiso East - Resolution) 3. RECOGNITION OF SERVICES TO THE TOWN OF TIBURON (Gary Ragghianti - Town Attorney - Resolution) Moved: Mayberry, Seconded by Coxhead Vote: AYES: Unanimous NEW MUNICIPAL ATTORNEY Mayor Logan introduced John Truxaw the Town's new Municipal Attorney who will have office hours at Town Hall on Monday and Wednesday and half-day on Friday. F. PUBLIC HEARINGS 4. SKATEBOARD AREA TEMPORARY USE PERMIT (Consider Granting Temporary Use Permit for Skateboard Area Between McKegney Green Knoll and Richardson Bay - Resolution) The Town Manager reviewed the Staff report; stated concerns have been raised by local residents of Pine Terrace who fear existing traffic, parking and litter problems will be increased if this proposal is approved. TOWN COUNCIL MINUTES #860 11/15/89 2 The Mayor opened the public hearing. Sol Martin, 10 Pine Terrace, President of Pine Terrace Homeowners Association, expressed their concerns with regard to trespassing through their property to access McKegney Green and the Multi-Use Path; damage to fence which has been repaired 40-50 times and littering; asked Council to preserve their right to privacy and peaceful living. Stewart Hopkins encouraged approval of this site; stated the Parks & Open Space Commission did not have a quorum and therefore did not vote on this site. Ken Lucas, 95 Pine Terrace, stated parents double park in red zone to drop off children creating a traffic hazard. Jerry Stefandl, 60 Pine Terrace, parents parked in red zone activate the magnetic censors for the signals at Avenida MiraOores creating problems; questioned Town's liability; questioned skateboard activity's effect on bird sanctuary; questioned why Tiburon needs a skateboard area when other cities have rejected it; concerned about control of people from outside the area; concerned about attendant problems associated with the increase of usage. A member of RUSD read letter from Robert Kessler, Principle of Del Mar School, supporting the proposal. Pat Holden, Parks & Open Space Commissioner, speaking individually, felt this area was inappropriate for a skateboard area; questioned supervision. Don Batten, President Belveron Homeowners Association, felt concerns were valid; felt RUSD paved parking lot property would be appropriate. Ken Lucas stated all twelve Pine Terrace homeowners are opposed to this site. Lynn Spitler supported a skateboard area. Edna Mitchell, One McCart Court, opposed site; supported passive recreation for this area. Nat Brookings and Tony Garcia-Romero stated children would be responsible; didn't think they would go through peoples' yards. In response to Bob Minton, proponent, the Police Chief didn't think parking would be a problem; agreed that children given responsibility for their actions will respond accordingly. Jerry Stefandl asked where outsiders will park; how does the Council propose to control responsibility of people from outside the Town. TOWN COUNCIL MINUTES #860 11/15/89 3 The Mayor closed the public hearing. Councilmember Coxhead addressed his concerns; didn't feel anything should be implemented until the Rules and Regulations are clearly specified and or approved by this body and the Parks & Open Space Commission; recommended youngsters serve on the Oversight Committee which should include at least twenty names and telephone numbers on the list who would be responsible for implementing the Rules and Regulations as it is set-up; suggested the Town do all it can to lessen the impact of a skateboard park in this location; appropriate to have a landscape plan; wanted the Town Manager to be empowered to close down the park if there are injuries or violations of Rules and Regulations. Council member Duke stated the Town should provide assistance to Pine Terrace residents if people are trespassing on their property; preferred to keep the park open for use by everybody; concerned about size; stated this proposal is larger than what was originally proposed; thought it a reasonable compromise. Vice-Mayor Mayberry stated she wanted the Parks & Open Space Commission to review the proposal. Councilmember Shaw concerned about injury situation; thought the Council should establish a timeframe. Mayor Logan stated he felt this was a suitable site; still concerned about liability issue; asked Staff to check with the Risk Managers; thought the proposal too massive for this site; stated this is a pedestrian walkway and wanted the area fenced; wanted to see a drawing; suggested the Committee contact Mr. Lucas about improving the fence to prevent trespassing on their property. Motion: To approve a site west of the Knoll as a proper site for a skateboard area; close the public hearing; return to January 3 Town Council meeting with a Temporary Use Permit Resolution listing conditions; and comments of Parks & Open Space Commission. Moved: Coxhead, Seconded by Duke Vote: AYES: Unanimous 5. HIGHLANDS DEVELOPMENT LOT LINE ADJUSTMENT (Master Plan, Precise Plan Amendments & Resubdivision of Lots 23, 24 & 25 - No New Lots Created - Ordinance, 1st Reading and Resolution) The Planning Director reviewed the Staff report which outlined the proposal to adjust lot lines and building envelopes on three lots in order to resolve a difficult access problem on Lot 25; the Planning Commission imposed a condition of approval which establishes certain height limits on the Lot 24 building envelope. TOWN COUNCIL MINUTES #860 11/15/89 4 Steve Ghirardo, General Partner in Capital Property Associates, owners of these three lots, explained their proposal which would ensure Bay views for the three lots; stated they could not accept the wording in the draft Resolution regarding limiting height of 24' on the entire Lot 24. Following discussion, this item was returned to the Planning Commission. 6. APPEAL DESIGN REVIEW BOARD DECISION (A.P.#39-271-19, Applicant: Scott Dagenhart, 6 MiraOores Lane; Appellants: Homeowners & Architectural Review Committee of the MiraOores Projects I & II) The Planning Director reviewed the Staff report; the appeal was based on the grounds the colors were not consistent with the CC&Rs of the subdivision; the BAR approved the colors submitted; Staff recommends denial of appeal. The Mayor opened the public hearing. Dr. Scianamblo, Acting Secretary of Architectural Review Committee of the MiraOores projects I and II, stated he provided the applicant with the CC&Rs of their subdivision which outlined types of materials and colors acceptable to the Review Committee and this applicant did not cooperate; the applicant misled them regarding the DRB hearing date; requested Council to uphold their appeal; waive appeal fees and return applicant to Design Review Board. Dr. Scianamblo gave Council a copy of the Committee's guidelines. Scott Dagenhart, applicant, was not present. There was a brief discussion regarding the role of the Architectural Review Committee and it was established the Design Review Board has legal authority over the recommendations of the Committee. Motion: To refer the matter back to the Design Review Board for reconsideration and return fees to the appellant. Moved: Duke, Seconded by Mayberry Vote: AYES: Unanimous 7. PERS ORDINANCE (Authorize an Amendment, Ordinance, 2nd Reading) The Town Manager reviewed the Staff report; this amendment would calculate retirement benefits on the last highest year salary rather than an average of three years salary. The Mayor opened the public hearing. There being no comments, the Mayor closed the public hearing. TOWN COUNCIL MINUTES #860 11/15/89 5 Motion: To read by title only. Moved: Mayberry, Seconded by Duke Vote: AYES: Unanimous The Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBUORN AUTHORIZING AN AMENDMENT TO THE CONTRACT BE1WEEN BOARD OF ADMINISTRATION OF PUBLIC EMPLOYEES RETIREMENT SYSTEM AND THE TOWN COUNCIL OF THE TOWN OF TIBURON. Motion: To adopt the aforementioned ordinance. Moved: Mayberry, Seconded by Duke Vote: AYES: Coxhead, Duke, Ma)-berry, Shaw, Logan COUNCILMEMBER DUKE LEAVES MEETING. G. UNFINISHED BUSINESS 8. ALARM ORDINANCE (Ordinance, 2nd Reading) The Police Chief reviewed the Staff report and explained the decibel readings which were amended. The Mayor opened the public hearing. There being no comments, the Mayor closed the public hearing. Motion: To read by title only. Moved: Mayberry, Seconded by Shaw Vote: AYES: Unanimous ABSENT: Duke The Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADDING CHAPTER 28 TO THE TIBURON MUNICIPAL CODE REQUIRING BUSINESS LICENSES FOR OPERATORS OF ALARM BUSINESS AND PERTAINING TO THE PROHIBITION OF FALSE BURGLAR ALARMS. Motion: Moved: Vote: To adopt the aforementioned ordinance. Mayberry, Seconded by Coxhead AYES: Coxhead, Mayberry, Shaw, Logan NOES: None ABSENT: Duke 9. HILLHA VEN UNDERGROUNDING OF UTILITIES (Report by Town Engineer and Consider Setting Public Hearing - Resolution) The Town Manager reviewed the Staff report; stated the Town Engineer made a determination that 60% of the land area were in favor of forming an undergrounding assessment district, however, he has not had an opportunity to visit the homeowners who have requested a reevaluation of their cost/benefit assessment. TOWN COUNCIL MINUTES #860 11/15/89 6 Two additional homeowners have requested withdrawal from the petition, and there now exists 45 property owners, or 61% of the land area, in favor of the assessment district. The Town Manager stated that another cost ratio formula was proposed by Fred Hannahs and considered by the proponents, however, they preferred the Town Engineer's approach of five categories for the cost/benefit ratio. Another suggestion of removing an additional pole is not feasible. The Town Manager explained the legal procedure for the formation of an assessment district. Sandra Stuckey, Vistazo West, stated she could only verify 42 signatures; wanted her name withdrawn. Lynn Spitler, proponent, stated two properties owned by the County have indicated support and she had two additional signatures to add to the petition for a total of 46. Mayor Logan suggested the Committee meet with Mrs. Stuckey. Joy Easom asked Council to continue the item. Ken Merklin, Lagoon View, suggested Vistazo West be eliminated. Hank Easom, 1828 Lagoon View, stated residents can't make a decision of whether or not to participate until they receive estimates from Community Electric; felt the neighborhood should work it out amongst themselves. Debra Watermann, 1803 Lagoon View, asked Council to set limits for the submission of letters regarding boundaries and assessments. The Town Attorney to check with the County regarding their participation in the assessment district. Motion: To continue discussion to first meeting in January; set December 15 as the cutoff date for signatures to be added or deleted from the petition; direct the Town Engineer to make a determination regarding 60% of the land area; set November 17, 1989 as the last date to request a reassessment of cost/benefit category. Mayberry, Seconded by Coxhead AYES: Unanimous ABSENT: Duke Moved: Vote: 10. POINTTIBURON PERFORMANCE BOND (Status Report & Recommendations Regarding Release of Maintenance Bond) This item was continued at request of participants. 11. FLOOD INSURANCE PROGRAM (Amendment to Town's Flood Ordinance, Ordinance, 1st Reading) Council waived reading of the Staff report. TOWN COUNCIL MINUTES #860 11/15/89 7 MOTION: To read by title only. Moved: Mayberry, Seconded by Coxhead Vote: AYES: Unanimous ABSENT: Duke The Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING ORDINANCE NO. 334 N.S. REGARDING FLOOD DAMAGE PREVENTION. Motion: To approve first reading of the aforementioned ordinance. Moved: Mayberry, Seconded by Coxhead Vote: AYES: Coxhead, Mayberry, Shaw, Logan ABSENT: Duke 12. GENERAL PLAN AMENDMENTS (Consider Planning Commission Recommendation Regarding Policy to Limit Number of Annual Amendments - Resolution) Leo Bodian objected to limiting General Plan amendments. The Mayor noted that State law provides limits of four amendments per year, and stated the General Plan should only be changed if conditions change. Motion: To adopt Resolution Establishing a General plan Amendment Application Review Schedule. Moved: Mayberry, Seconded by Coxhead Vote: AYES:Coxhead, Mayberry, Logan NOES: Shaw ABSENT: Duke H. NEW BUSINESS 13. TRANSIENT OCCUPANCY TAX (Increase Levy from 9% to 10% as Approved by Voters on June 6, 1989 - Resolution) Jackie Garrett, Chairman of the Business Development Committee of the Belvedere/Tiburon Chamber of Commerce, stated they have met with the Manager of the Tiburon Lodge; have received private funds from Main Street Properties. In response to Mayor Logan, the Town Manager stated he had met with the Chamber of Commerce to make sure the tiburon Lodge would accept this proposal and the didn't feel the Town should qualify the donation to the Chamber; the money would be used to promote the business community Motion: To adopt Resolution Increasing the Transient Occupancy Tax Rate to Ten (10%) Percent. Mayberry, Seconded by Coxhead AYES: Unanimous ABSENT: Duke Moved: Vote: TOWN COUNCIL MINUTES #860 11/15/89 8 14. PARADISE DRIVE TRAFFIC - CORTE MADERA (Consider Adoption of Joint Agency Mitigation Procedures to Address Corte Madera's Concerns) The Town Council accepted Stafl"s recommendation to direct Staff to prepare a memo to the Town Council of Corte Madera memorializing a policy to utilize the referral process as outlined by the Mayor of Corte Madera. I. COMMUNICATIONS Earthquake Assistance There was a brief discussion regarding providing financial or personnel assistance to those cities who have suffered earthquake damage; the Town Manager was asked to poll other cities in Marin. J. STAFF AND TOWN MANAGER REPORTS 1. APPROVAL OF MINUTES #859, November 1, 1989 Councilmember Coxhead requested clarification of Motion on page 4 to read: "To deny the appeal without prejudice. Applicant may resubmit an application to the Design Review Board for the very next meeting with accurate plans and materials; application fees are waived." Motion: To approve Minutes #859 as amended. Moved: Coxhead, Seconded by Mayberry Vote: AYES: Unanimous ABSENT: Duke L. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Logan adjourned the meeting at 11:50 P.M. to Tuesday, November 28, 1989 at 7:30 P.M. for a workshop with the New Town Hall Committee. I . ',c:L:.\ / ; . ~~('~ \,., PETER B. LOG~, MAYOR ATTEST: ~~.'l~LERK TOWN COUNCIL MINUTES #860 11/15/89 9 TOWN COUNCIL MINUTES CLOSED SESSION Mayor Logan called the closed session of the Town Council of the Town of Tiburon to order at 7:05 P.M. to discuss litigation. CALL TO ORDER Mayor Logan called the regular meeting of the Town Council of the Town of Tiburon to order at 7:40 P.M., Wednesday, November 1, 1989 in Room 5, Del Mar School, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Coxhead, Duke, Mayberry, Logan ABSENT: COUNCILMEMBERS: Shaw EX OFFICIO: Town Manager Kleinert, Police Chief Herley, Superintendent of Public Works Brunini, Planning Director Lohman, Finance Director Stranzl, Town Clerk Hennessy B. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMI'ITEES Motion: To reappoint Don Batten to Marin/Sonoma Mosquito Abatement Board for a four year term. Coxhead, Seconded by Mayberry AYES: Unanimous ABSENT: Shaw Moved: Vote: C. AAA PEDESTRIAN SAFElY AWARD Mr. Brad Miller, California Automobile Association, stated he took great pleasure in presenting the Town with an award in the AAA Pedestrian Protection Program; over 2500 cities were evaluated and Tiburon has been singled out for recognition; the Pedestrian Safety Citation is an outstanding accomplishment for promotion of safety. Mr. Miller presented the plaque to Mayor Logan who accepted on behalf of the Town. TOWN COUNCIL MINUTES #859 11/1/89 1 D. INTRODUCTION OF NEW TOWN EMPLOYEE Chief Herley introduced Joseph Meesey, Police Community Services Officer. E. COUNCI4 COMMISSION OR COMMlrrl'KE REPORTS TIburon Feny Service (Status of December PUC Hearing Regarding Red & White Fleet Sale to Blue & Gold - Mayor Logan) The Town Manager stated the PUC hearing is scheduled for December 12, 13 and 14; Town is filing a Petition of Intervention; the Town's goal is to maintain the level of service provided by Red & White Fleet. Mr. Roger Murphy, Vice President/General Manager of Blue & Gold Fleet assured the Council it was their intention to continue at the very least the same standard of service as Tiburon now receives. In response to Mayor Logan, Mr. Murphy stated Pier 39 is the owner of Blue & Gold. Bradley House Additional Units (Housing Subcommittee Report - Councilmember Duke) Accepted as informational item. F. PUBLIC QUESTIONS AND COMMENTS Mr. Batten thanked the Council for his reappointment to the Mosquito Abatement Board. IDGHLANDS Hazel Caldwell, Bel Aire resident, expressed her concerns regarding dirt being added to the Town owned property behind her property. There was extensive discussion regarding the approved plans; neighbors not being aware that the approved grading plans allowed for a hirer grade than the existing grade and the Mayor asked the Planning Director and Town Engineer to meet with Mrs. Caldwell. EMERGENCY SERVICES Leo Bodian, Round Hill Road, presented Council with a copy of letter dated November 28, 1988 regarding the Safety Element of the General Plan in which he predicted catastrophic consequences if overpasses collapsed during an earthquake and the need for the public to be prepared to handle 72 hours without emergency assistance; noted the shortwave radio is a means of communication and should be put to use. The Mayor asked the Town Manager to ensure this idea is addressed in the Town's Draft Emergency Response Plan. TOWN COUNCIL MINUTES #859 11/1/89 2 G. CONSENT CALENDAR Motion: To approve the Consent Calendar consisting of the following items: 1. APPROVAL OF MINUTES #857, October 3, 1989; #858, October 18, 1989 2. CONFIRM APPOINTMENT OF TOWN TREASURER (H. Mathews - Res.) 3. DENY APPEAL OF BAR DECISION (1860 Centro West. Res.) 4. WELL WATER POLICY - (Res.) 5. MONTHLY INVESTMENT SUMMARY REPORT (September) 6. DESIGNATED DRIVER PROGRAM (Support Program - Res.) 7. BELVEDERE/TIBURON CHAMBER OF COMMERCE CITIZEN OF THE YEAR AWARD -ROBERT L. KLEINERT (Res.) Moved: Vote: Duke, Seconded by Mayberry AYES: Unanimous ABSENT: Shaw H. PUBLIC HEARINGS 8. APPEAL DESIGN REVIEW BOARD DECISION (A.P. #39-290-22, Applicant: Bart Seidler, 16 Via Paraiso East, Denial of New Residence) The Planning Director reviewed the Staff report; stated the Board had a hard time reading the plans; Staff offered six suggestions to clarify plans; there was some inaccuracy in the plans; application was deemed complete on March 3, 1989 and applicant agreed to a 90-day extension until December 3, 1989; recommended Council deny the appeal without prejudice. Peter Brekhus, attorney for applicant Bart Seidler, noted the Board had a split vote; stated the applicant disagreed with Staff's statement that the plans are not adequate; asked Council to make a decision on this matter. Jim Malott, architect, presented Council with photographs, a storyboard and set of plans consisting of seven sheets of drawings which were 1/8 to l' scale; questioned whether the Board was considering design review or asking for working drawings; to effectively approach the western elevation of this proposal he would have to submit 16 drawings at 1/4" scale and thought it was an excessive request which would cost thousands of dollars; they had lowered the proposal 9' from the original plans; the maximum height of the structure was 21' from grade; the building is broken up into a number of different elements; garage is 23' high; they exceed no height limits; met with every neighbor and trying to address all their concerns; showed color board and two tone color of stucco which will make the structure appear smaller in scale and have a more horizontal look to it; trellis was carefully thought out and showed pictures of trees cut off after landscaping has been installed to prevent view blockage; showed pictures of trellises that have been installed; distributed drawings of what TOWN COUNCIL MINUTES #859 11/1/89 3 the house would look like from the downhill side; stated if the house is terraced out on a 1 1/2 to 2 slope the mass of the building becomes larger. Mr. Malott addressed the Staff report and questioned whether the Board is addressing design or shifting emphasis into number of plants and light fIXtures rather than focusing on the building design; felt a more detailed landscaping plan was unfair; noted the same Board members were not consistently present at four consecutive meetings; suggested the Board have a check list and when an item is agreed upon it be checked off and the Board shouldn't go back for additional items in the review process; stated the project meets the letter and spirit of the design review guidelines and requested the Council approve the project. There was a brief discussion regarding the landscaping plans and their scale. Mr. Brekhus suggested the Council approve the landscaping with the condition that when the landscaping goes in and the Council is unsatisfied, they can request additional landscaping; the applicant will share the burden and risk that if the Council feels there should be additional trees or bushes it will be installed. There was a brief discussion regarding the dimensions of the structure; visibility from Strawberry; visibility from Tiburon Boulevard. Bart Seidler stated he has been to eight hearings; there were no objections from his neighbors; no variances required; project met the design guidelines; the process was a financial burden; stated he got conflicting messages from design review; asked Council not to return the application to the Board; spent approximately $20,000 on the plans to-date. The Mayor opened the public hearing. There being no comments, the Mayor closed the public hearing. Discussion ensued regarding the size of the house on a prominent location; the need for accurate plans; the massiveness of the western wall; color board and material samples were not provided to the Board; the appropriateness of the Design Review Board providing approval or denial rather than the Council because it is within their scope and area of expertise. Mr. Seidler stated he would be willing to waive the AB884 deadline, however, the Planning Director noted only one 90-day extension is allowed. Motion: To deny the appeal without prejudice. Applicant may resubmit an application to the Design Review Board for the very next meeting with accurate plans and materials; application fees are waived. Coxhead, Seconded by Mayberry AYES: Unanimous ABSENT: Shaw Moved: Vote: TOWN COUNCIL MINUTES #859 11/1/89 4 9. ORDER TO SHOW CAUSE (16 Place Moulin - Abatement of Hazardous Structure) The Planning Director reviewed the Staff report; a fire had caused extensive damage and the Building Inspector felt it was a hazardous structure and should be demolished. James Campbell, attorney representing owner Charles Erves, stated they have contacted the insurance company to get claim paid; it is their understanding that two appraisers have visited the site regarding rebuilding the structure; asked Council to grant a 30-day extension; if the structure is completely torn down it would be a loss and didn't think the insurance monies would be sufficient to rebuild the structure. The Mayor opened the public hearing. The Planning Director stated there is a 30-day waiting period before the Town Attorney can proceed; emphasized the safety issue and suggested the property be fenced. Police Chief Herley stated the structure is very dangerous. Kit Coyle, property owner of 18 Place Moulin, stated it was his understanding the Building Inspector wouldn't allow the structure to be rebuilt because it was out of code; asked what could be done to expedite the process. The Mayor closed the public hearing. Motion: Moved: Vote: To adopt Resolution Abating a Public Nuisance at 16 Place Moulin (Erves) and require a security fence be erected to protect the public to the satisfaction of the Police Chief. Mayberry, Seconded by Duke AYES: Unanimous ABSENT: Shaw 10. PARKS & RECREATION ELEMENT OF TIlE GENERAL PLAN - Res. The Planning Director reviewed the Staff report. George Salerno represented the Parks & Open Space Commission and recommended Council's adoption. Motion: Moved: Vote: To adopt Resolution Adopting an Updated Parks and Recreation Element of the General Plan Duke, Seconded by Mayberry AYES: Unanimous ABSENT: Shaw TOWN COUNCIL MINUTES #859 11/1/89 5 11. PERS ORDINANCE (Authorizing an Amendment, Ordinance, 1st Reading) The Finance Director reviewed the Staff report. The amendment would change the retirement calculation from the average of the final three years of compensation to the final year of compensation. Motion: Moved: Vote: To read by title only. Mayberry, Seconded by Duke AYES: Unanimous ABSENT: Shaw The Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBUORN AUTHORIZING AN AMENDMENT TO THE CONTRACT BE1WEEN BOARD OF ADMINISTRATION OF PERS AND THE TOWN COUNCIL OF THE TOWN OF TIBURON. Motion: Moved: Vote: To approve first reading of the aforementioned ordinance. Duke, Seconded by Mayberry AYES: Coxhead, Duke, Mayberry, Logan NOES: None ABSENT: Shaw Ie UNFINISHED BUSINESS 12. IDLLHAVEN UNDERGROUNDING OF UTILITIES (Status Report to Consider Setting of Public Hearing) The Town Manager reviewed the Staff report; reviewed the informational hearing of September 25 held with homeowners; 65% of the residents within the proposed boundary of the assessment district are still interested in the formation of-the assessment district; several have requested reassessment of their benefit/cost allocation, and the Town Engineer would begin these reassessments November 6. The Town Manager noted the proposed Resolution requires the Town Engineer to make an evaluation that "all of the owners of more than sixty percent (60%) in area of the area of the land subject to assessment for the proposed improvements have signed the petition". Suggested Council continue this item. Ed Little, 420 Ridge Road, resident since 1954, questioned who divided his property into two lots; his property was assessed as one parcel. The Mayor directed him to work with the Town Manager and Town Engineer. Fred Hannahs, supported Town Manager's request to continue the discussion; he had an appointment with Community Electric the next week. TOWN COUNCIL MINUTES #859 11/1/89 6 Mimi Berticevich, 1785 Vistazo West, stated two petitions have been submitted opposing the formation of an assessment district; stated she was against being charged $14,000 and an additional $4-6,000 for individual hook-up; part of Hillhaven has been left out of the boundaries; they would pay $20,000 and have to drive through an area of telephone poles. Jerry Riessen, 616 Ridge Road, stated there is a substantial majority that want to improve the value of their neighborhood. Lynn Spitler, 1895 Mountain View Drive, Chairman of the Undergrounding Committee, stated they have spent a lot of time and effort on this proposal; trying to meet considerations of everyone involved; there continues to be very strong support for the undergrounding of utilities; thanked the Town Staff for helping with the informational meeting. Richard Hitchens, Vistazo West, stated four parties were left out because poles can be left where they are receiving electricity. Casey Hannahs urged continuance of the discussion. Virginia Petersen read a petition and asked Council to exclude homes 410 through 460 Ridge Road; stated poles are behind their houses; asked to be gerrymandered out of the proposed district; presented petition to Mayor. The Mayor closed the public hearing. There was a brief discussion, and it was agreed the Town Engineer would visit those homes which requested a reassessment and evaluate the benefits from inside their dwelling units. Motion: Continue the discussion to the next Council meeting or to such time as Staff has made reassessment evaluations. Coxhead, Seconded by Mayberry AYES: Unanimous ABSENT: Shaw Moved: Vote: 13. POINT TIBURON PERFORMANCE BOND (Status Report & Recommendations Regarding Release of Maintenance Bond) This item was continued to the next meeting at the request of The Innisfree Companies and Point Tiburon Condominium Associations. TOWN COUNCIL MINUTES #859 11/1/89 7 14. SKATEBOARD AREA PROPOSAL (Consider New Location Between McKegney Green Knoll and Richardson Bay) The Town Manager reviewed the Staff report; proponents were suggesting an area between McKegney Green and Richardson Bay for a skateboard area. Dave Allen, proponent, stated the site seems to meet everyone's approval; they contacted owners around McCart Court and received 100% approval; did not contact members of Pine Terrace because they cannot see the area; talked to Richardson Bay Sanitary District regarding sewer pipe under the proposed skateboard area and they have no objection; asked Council to approve the location and concept and set a public hearing. In response to Mayor Logan, Mr. Allen stated they contacted residents along Tiburon Blvd. that looked directly at the Knoll, and he read off a list of specific names that had been contacted which he was to supply to Councilmember Coxhead. In response to the Superintendent of Public Works, Mr. Allen stated they would build the roadway as wide as he wanted it. The Superintendent of Public Works stated there was a high pressure water line and a 110 power line in the area they proposed to place the asphalt and wanted them to be advised that there have been several breaks in the line in the past. Mr. Allen stated they would take responsibility for repair of the asphalt if the lines broke again; noted this would be a public facility. Leona Kaplan, 524 Virginia Drive, stated they can hear the soccer game players; questioned safety measures; expressed concern with skateboarders on the Multi- Use Path. Winifred Gill, 532 Virginia Drive, concerned there be supervision of the area and also concerned about skateboarders on the Multi-Use Path; asked about regulations. She also expressed the opposition of her neighbors, Sue and Mike Audrey, to this location. Bob Minton, proponent, stated they have tried for two years to find an area; the only people that may be disturbed are residents of Strawberry Spit or fishermen; didn't see a noise problem; there would be rules and regulations. Motion: To set a public hearing for November 15, 1989 to consider adopting a Resolution granting a Temporary Use Permit for a skateboard area between McKegney Green and Richardson Bay. Moved: Duke, Seconded by Coxhead \, TOWN COUNCIL MINUTES #859 11/1/89 8 Councilmember Coxhead asked for more detailed plans. Vice-Mayor Mayberry asked for some reassurance the proponents' committee would supervise or oversee the skateboard park area at all times it is being used; would like an understanding of what the Town's responsibilities would be. Vote: AYES: Unanimous ABSENT: Shaw Mr. Allen asked if a special fund could be set up through the Town for tax purposes and the Council agreed that was possible if a Use Permit was approved. 15. GENERAL PLAN AMENDMENTS (Consider Policy to Limit Number of Amendments Per Year, Recommendation of the Planning Commission) This item was continued to the next meeting. .L NEW BUSINESS 16. ALARM ORDINANCE (Ordinance, 1st Reading) The Police Chief reviewed the Staff report; stated a "non-response policy" for homes with an exorbitant amount of false alarms has been successful in other cities in getting the system functioning properly and educating the homeowners. Jeffrey Stein,S Via Capistrano, stated his family had been robbed; a newer system was installed; supportive of the ordinance; felt fines should be imposed for people who abuse the system or have problems with the system; if there is a determination about reinstating the response, felt it should be done by a panel and not the police Department; the Police Department was to enforce the laws of the Town and not be a judicial branch of the government; stated they have been working with the alarm manufacturer and installers trying to remedy the problem with his system; didn't feel they had been negligent; stated they were not receiving response from the Police Department. Jeff Turnquist, local alarm company, stated the non-response provision is the most effective in reducing false alarms and getting systems functioning properly. David Rider, Redwood Security, supported the ordinance; suggested an amendment on page 2, Section 28-5, eliminating the word "interior" and suggested using 105 decibels. The Mayor asked him to work with the Police Chief regarding this suggestion. David Stollmeyer, 23 Paseo Mirasol, Alert Alarm System, supported the ordinance as proposed; opposed to fines. Councilmember Duke stated he felt it was unconscionable for the Police Department not to respond to a false alarm. TOWN COUNCIL MINUTES #859 11/1/89 9 The Police Chief stated residents are warned when the number of violations are reaching the non-response point. Motion: Mo~ed: Vote: To read by title only. Mayberry, Seconded by Coxhead AYES: Unanimous ABSENT: Shaw The Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADDING CHAPTER 28 TO THE TIBURON MUNICIPAL CODE REQUIRING BUSINESS LICENSES FOR OPERATORS OF ALARM BUSINESS AND PERTAINING TO THE PROHIBITION OF FALSE BURGLAR ALARMS. Motion: Moved; Vote: To pass first reading of the aforementioned ordinance. Coxhead, Seconded by Mayberry AYES: Coxhead, Mayberry, Logan NOES: Duke ABSENT: Shaw The Mayor directed the Police Department to reinstate response to Mr. Stein's home. 17. FWOD INSURANCE PROGRAM (Amendment to Town's Flood Ordinance, Ord., 1st Reading) This item continued to next meeting. 18. TOWN ATTORNEY POSmON (Appointment of New Municipal Attorney to Serve Both Tiburon & Sausalito - Res.) Motion: Moved: Vote: To adopt Resolution Appointing John Truxaw as Tiburon Municipal Attorney. Mayberry, Seconded by Coxhead AYES: Unanimous ABSENT: Shaw 19. EARTHOUAKE ASSISTANCE (Consider Town Funding and/or Staff Assistance to Earthquake Relief Efforts) Due to the lateness of the hour, this item was not discussed. K. COMMUNICATIONS AMERICAN CANCER SOCIETY - Great American Smokeout (November 16) TOWN COUNCIL MINUTES #859 11/1/89 10 L. STAFF AND TOWN MANAGER REPORTS GENERAL PLAN SLOPE POLICY - (Planning Director's Report) Mr. and Mrs. Leo Bodian addressed the Council regarding the Town's slope policy. After a brief discussion, it was determined that the new General Plan did not change the existing slope policy for small lots, and it was suggested that the Bodians might want to address this issue during the Zoning Ordinance amendment hearings before the Planning Commission. M. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Logan adjourned the meeting at 11:50 P.M. sine die. ATTEST: ~Mv~.L~ THERESE M. ENNESSY, T CLERK TOWN COUNCIL MINUTES #859 11/1/89 11 TOWN COUNCIL MINUTES CLOSED SESSION Mayor Logan called the closed session of the Town Council of the Town of Tiburon to order at 7:05 P.M. to discuss litigation and personnel matters. CALL TO ORDER Mayor Logan called the regular meeting of the Town Council of the Town of Tiburon to order at 7:40 P.M., Wednesday, October 18, 1989 in Room 5, Del Mar School, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Coxhead, Duke, Shaw, Mayberry, Logan ABSENT: COUNCILMEMBERS: None EX OFFICIO: Town Manager Kleinert, Town Engineer Bala, Police ChiefHerley, Supt. of Public Works Brunini, Planning Director Lohman, Town Clerk Hennessy B. COUNCIL" COMMISSION OR COMMI'ITEE REPORTS a. Countywide Planninl: AJ:ency Proposal Vice-Mayor Mayberry asked the Council to consider whether or not to endorse the Marin Conservation League's proposal for a strong Countywide planning agency and consideration of transportation alternatives, and how this proposal will effect the Marin Transportation Authority. Priscilla Bull, representing MCL, stated MCL applauds the efforts of the 101 Corridor Action Committee and Sales Tax Committee; would like to create a mechanism of managing growth in the county; suggested an agency similar to the Development Review Board created in Southern Marin in the early 70s; an agency that would look at all service capacities, i.e., water, sewer, schools, environmental quality of life standards rather than just traffic standards; agency would review projects of "major significance", and would not interfere with local jurisdictions planning process. TOWN COUNCIL MINUTES #858 10/18/89 1 Mark Riesenfeld elaborated on the proposal; stated the 101 Corridor Action Committee and Sales Tax Committee had operated under a set of presumptions of what the countywide policy should be based upon the collective general plans of the county; what is being called for is a position on the part of the Councils as to whether or not and under what circumstances would they consider a countywide joint planning effort; the Board of Supervisors voted to give serious consideration to a countywide planning agency as well as giving support to looking at alterative land use. The Council discussed the proposal and it was the general consensus, with Councilmember Duke opposed, that the proposal for a countywide planning agency be given further consideration; that the efforts of the 101 Corridor Action Committee and Transportation Expenditure Committee not be wasted and that priorities be set and presented to the voters for a sales tax ballot measure. b. Tiburon Ferry Service A representative from the Inlandboatman's Union of the Pacific was unable to attend due to the earthquake and the matter continued to the next meeting. C. APPOINTMENTS TO COMMISSIONS" BOARDS" COMMITTEES This item continued to end of agenda. D. PUBLIC QUESTIONS AND COMMENTS Dick Oliver, 39 Reed Ranch Road, suggested City/Town Planning Directors make recommendation to the County and not create an additional governmental agency. Miriam Bodian, 88 Round Hill Road, wanted to point out the difference in the slope policy which advocates 30% on re-subdivisions and 40% on open space property; considered this policy to be discriminatory against owners of single lots or single lot splits; stated this disparity, for which they could see no validity, merits the Council's attention and the implementation of an amendment to the General Plan to correct this disparity. Mayor Logan acknowledged Mrs. Bodian's concern and directed the Planning Director to meet with her and explain the rationale of the slope policy; stated it was the intentional decision of the Council to make that distinction. After further discussion, the Mayor asked the Planning Director to research the minutes of the General Plan hearings and make a report to the Council at the next meeting. TOWN COUNCIL MINUTES #858 10/18/89 2 E. CONSENT CALENDAR Items 10 and 12 were moved onto the Consent Calendar. MOTION: To approve the Consent Calendar consisting of the following items: 1. APPROVAL OF MINUTES - #854, September 13, 1989, #856, September 28, 1989 2. ORDER TO SHOW CAUSE (Set Public Hearing for November 1, 1989 - 16 Place Moulin - Hazardous Structure) 3. TRAFFIC SAFETY COMMITTEE REPORT (October) 4. WINTERIZATION OF SUBDIVISION CONSTRUCTION (Authorize Town Engineer to Proceed with Winterization Improvements as Necessary) 10. FLOOD INSURANCE PROGRAM REVISIONS - Status Report 12. EMPLOYEE SALARY AND BENEFIT ADJUSTMENTS (Police Captain and Police Secretary Positions) Moved: Mayberry, Seconded by Duke Vote: AYES: Unanimous F. PUBLIC HEARINGS 5. APPEAL BOARD OF ADJUSTMENTS & REVIEW DECISION (A.P. #59-061- 10) Applicant: David Williams, 1860 Centro West, Denial of Application for Three Single Family Homes) The Planning Director reviewed the Staff report; the applicant's proposal consisted of three single family units in a R-2 zone; BAR denied the application on the basis that the proposal was not consistent with the Zoning Ordinance and the Board could not make the findings necessary for a variance. Staff reviewed the language applicable to the R-2 zone and stated the Town Attorney, former Planning Director and Staff agree upon the interpretation of the ordinance that one single family or one duplex can be placed on a single lot in this zone regardless of the lot size. Staff recommends Council uphold the BAR and deny the appeal. In response to Councilmember Duke, the Planning Director stated the applicant has not applied for a lot split. George Silvestri, attorney for the applicant David Williams, addressed the Council; showed them a model of the proposal which depicted three detached units. In response to Mayor Logan, Mr. Silvestri stated their grounds of appeal are based on all the information previously submitted to the BAR and also the information contained in Mr. Williams' 18 page letter. Mr. Silvestri noted he had not received a Staff report in the mail (Mr. Williams picked up a copy for him); stated the former Assistant Planner had assured his client he could build three separate units but was unable to testify to that due to the earthquake; gave Council his TOWN COUNCIL MINUTES #858 10/18/89 3 interpretation of the R-2 zone which would allow three units; that the south end of the proposal required a variance. Dale Pedersen, representing Jeff Pedersen, architects, reviewed the proposal; didn't feel they were given a complete hearing by the BAR; stated they glossed over the design and stated they couldn't make the findings for the variance; stated the property will be owned by three owners and each will own their houses individually; felt they had met the hillside guidelines with minor exceptions at the end of the property due to the grade in that area. In response to Mayor Logan, Mr. Pedersen stated they would have to reduce the floor area in order to reduce the height and tuck the units into the hill. In response to Councilmember Duke, Mr. Pedersen stated neighbors have received similar variances for their property therefore Mr. Williams felt he should also be given a variance. The Planning Director stated the existing duplex is 1,611 s.ft.; the proposal is 10,230 s.ft. Mr. Williams addressed the Council reviewing many points in his eighteen page letter. The Mayor opened the public hearing. Mrs. Frida Neuerburg, owner, 1846-44 Centro West, urged the Council to deny the appeal; stated windows and decks are aligned to face each other causing loss of privacy; primary views are blocked and sunlight is blocked due to the height of the proposal. Becky Clelland, President LCOTPOA, referred to her letter of June 14, 1989 to the BAR opposing the application; stated they were not concerned with the design but the application of the zoning for the area. Nat Marans, Spanish Trail, stated the Floor Area Ratio for this application approaches 80%; the R-2 zone should be respected; asked Council to deny the appeal. Susan Ashton, resident and daughter of owner of 1846-44 Centro West, asked Council to review the pictures and letter she submitted and deny the appeal. The Planning Director stated he and the Associate Planner had spent hours with the applicant urging him to withdraw his application. The Mayor closed the public hearing. TOWN COUNCIL MINUTES #858 10/18/89 4 Councilmember Coxhead stated the Town has always been responsive and careful with development in Old Tiburon; stated the applicant had 1600 sq.ft. and was proposing over 10,000 sq.ft. on 1/3 acre; an over ambitious plan; to gain acceptance the proposal would have to be scaled down; didn't know how he could have been led to believe he could have three separate units and sell them individually; the more practical approach would be to subdivide the property; would have to deny this proposal; couldn't make findings for a variance which is required by State law; felt the applicant could return with a proposal that would not require a variance and give him reasonable use of his property; overall mass and bulk is excessive and does not meet requirements of design guidelines; agreed with the BAR. Councilmember Duke supported denying the application because it was not consistent with the zoning and due to the orientation of the buildings; didn't believe the Town could allow three units; didn't feel the structure should be placed so close to Mrs. Neuerburg's property. Councilmember Shaw agreed with the other Councilmembers; suggested parking structure improvements. Vice-Mayor Mayberry stated she thought the application was too massive for the size of the lot; thought the R-2 zone language was clear. Mayor Logan agreed; didn't think the application was consistent with the Zoning Ordinance; thought the language was clear to allow a one family or two family dwelling; beyond that issue is the question of variance and design; couldn't make findings for a variance; the applicant himself stated he couldn't make the findings for a variance; there hadn't been any testimony this evening to state that findings could be made; regarding the design he felt it was too massive and too much bulk. MOTION: To deny the appeal and direct Staff to prepare an appropriate Resolution listing the Council's reasons for denial. Moved: Duke, Seconded by Mayberry Vote: AYES: Unanimous G. UNFINISHED BUSINESS The Mayor moved Item 7, Highlands Subdivision, up on the agenda to accommodate members of the audience. Discussion ensued regarding Town Council policy not to move items. MOTION: To move Item 7 out of order on the agenda. Moved: Logan, Seconded by Mayberry Vote: AYES: Coxhead, Duke, Mayberry, Logan NOES: Shaw The Mayor requested Staff research Council policy and discuss it at the next regular meeting. TOWN COUNCIL MINUTES #858 10/18/89 5 L HIGHLANDS SUBDMSION (Deviation in Approved Grading Plan) Councilmembers Coxhead and Shaw stepped down from the Council for discussion of this item. The Planning Director reviewed the Staff report and stated the developer had agreed to restore Lots 38 through 42 to their original approved grade. Melinda Triplett, 31 Southridge, questioned work being performed on Lots 39-42; objected to the elevation. Discussion ensued and it was determined that the approved plans show a higher elevation than the original site; area to be shaped according to the approved drawings; the final grading will be certified by the Project Engineer and approved by the Town Engineer. In response to Mary Defenderfer, President Reedlands Property Owners Association, Mr. Thompson stated the regrading would be between 2' and 4'. Mrs. Defenderfer stated it was her belief the neighbors had every right to ask for houses less than 30' on those lots whose elevations were increased. The Mayor stated the comment regarding limiting height is a good one. Stone Coxhead, 34 Reed Ranch Road, stated be believed the developer had represented to the Tripletts and others that their views would not be blocked and had an obligation to disclose that information to any future lot purchasers. Mr. Thompson stated to his knowledge neither he nor anyone representing him had spoken to the Tripletts regarding views. The Town Engineer reiterated that the grading would be restored to the approved grading plans. 6. CIBRIAN DRIVE/LA CRESTA ASSESSMENT DISTRICT REFUNDING The Town Manager indicated the proposed refinancing and refunding of the Cibrian Drive and LaCresta Assessment Districts has been prepared by Bond Counsel and he has provided a set of instructions for Council action. The Finance Director stated the new issuance of bonds will replace an 11% debt with a new debt in the 7% range and will amount to additional savings. Bond Counsel, Ed Ness, of Sturgis, Ness, Brunsell & Sperry, indicated this is a summary proceedings due to the fact the debt is not increased, the debt service is not increased and the term of the bonds is not increased. Due to the earthquake, the Offer by Mark Pressman Associates was not finalized and Mr. Ness suggested the Resolution be adopted upon the condition that the offer Mr. Pressman brings in is satisfactory to the Bond Counsel, the Town Manager and the Finance Director. TOWN COUNCIL MINUTES #858 10/18/89 6 Motion: To approve Resolution Adopting Agreement for Engineering Services Moved: Coxhead, Seconded by Mayberry Vote: AYES: Unanimous Motion: To approve Resolution Adopting Agreement for Legal Services as amended. Moved: Coxhead, Seconded by Mayberry Vote: Ayes: Unanimous Motion: To approve Resolution of Intention to Conduct Reassessment Proceedings Moved: Mayberry, Seconded by Coxhead Vote: AYES: Unanimous Motion: To approve Resolution Adopting Reassessment Report Moved: Mayberry, Seconded by Coxhead Vote: AYES: Unanimous Motion: To approve Resolution Authorizing Issuance of Refunding Bonds Moved: Duke, Seconded by Mayberry Vote: AYES: Unanimous Motion: To approve Resolution Ordering Sale of Refunding Bonds as amended to include submission and approval of the offer by Bond Counsel, the Town Manager and Finance Director Mayberry, Seconded by Shaw AYES: Unanimous Moved: Vote: H. NEW BUSINESS 8. WELL WATER POLICY - Resolution This item continued to next meeting. 9. GENERAL PLAN AMENDMENTS (Consider Policy to Limit Number of Amendments Per Year, Recommendation of the Planning Commission) This item continued to next meeting. TOWN COUNCIL MINUTES #858 10/18/89 7 11. PERS RETIREMENT PLAN - Resolution Council member Shaw requested additional information. The Town Manager stated this proposal had been agreed upon by the Town during MAPE negotiations earlier in the year and this was simply the implementation stage. Staff agreed to supply Councilmember Shaw with additional information prior to the next Council meeting and adoption of the Ordinance. Motion: To adopt Resolution of Intention of the Town Council of the Town of Tiburon to Approve an Amendment to Contract Between the Board of Administration of the Public Employees' Retirement System and the Town Council of the Town of Tiburon Mayberry, Seconded by Duke AYES: Unanimous Moved: Vote: .I. COMMUNICATIONS Ltr. to Town Manager from Inlandboatman's Union of the Pacific, dt'd. 10/9/89 Informational item. K. STAFF AND TOWN MANAGER REPORTS Zoning Ordinance Schedule (Preparation, Schedule, Staff, Consultants, Time Frame) Accepted as Informational Item DRB & BAR Member Attendance (Status Report by Planning Director) Council discussed applicants and appointed Mark Ginalski to the Design Review Board. Memo to Town Manager from Town Clerk re Deer Population on Tiburon Peninsula, dt'd. 10/11/89 Vice-Mayor Mayberry commended the Town Clerk on her report. TOWN COUNCIL MINUTES #858 10/18/89 8 EARTHOUAKE REPORT The Town Manager reported that Tiburon fared very well; there was no structural damage and no injuries; three curbs in the downtown area were broken; some bricks at Point Tiburon were broken; supermarkets suffered damages when items fell off shelves. CORTE MADERA'S VEHICLE BAN Town Staff met with Corte Madera Staff and have agreed that EIR methodology can be used to direct traffic between the two Towns. The Corte Madera Council has accepted this policy. CHRISTMAS PARTY The Town Manager suggested the Council cancel their second meeting in December and hold the Town's Christmas Party at Christopher's restaurant that evening from 6 to 9 P.M. Council agreed. GENERAL PLAN The Planning Director presented the Town Council with copies of the Final General Plan. L. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Logan adjourned the meeting at 11:30 P.M. sine die. / / / / .', (~~, t ':'7' ~>;..\.~...._ PETER B. LOqAN, MAYOR ATTEST: \ 1tdl.1J-~~ THERESE M. HENNESSY, TO CLERK TOWN COUNCIL MINUTES #858 10/18/89 9