HomeMy WebLinkAboutTC Min 1984 (April thru August)
MINUTES
TOWN COUNCIL
CALL TO ORDER
Mayor Smith called the regular meeting of the Town Council of the
Town of Tiburon to order at 7:55 P. M., Wednesday, August 15,
1984, in the Hilarita Community Room, Tiburon, California.
A. ROLL. CALL
PRESENT: COUNCILMEMBERS: Spratling, Stein, Bergmann, Coxhead
Smith
ABSENT: COUNCILMEMBERS: None
EX-OFFICIO: Town Manager Kleinert, Planning
Director Hanna, Town Attorney Conn,
Town Engineer Bala, Supt. of Public
Works Brunini, Chief of Police Bailey,
Director of Finance Nadritch,
Assistant Town Clerk Hennessy
B. APPROVAL OF MINtrrES
#663, July 18, 1984
Councilman Spratling amended Interim Signing motion on Page 7 to
read: "To leave the interim sign matters with the Design Review
Board and brought to the Council on an exception basis by
Councilmembers".
MOTION:
Moved:
Vote:
To approve Minutes #663 as amended.
Spratling, Seconded by Bergmann
AYES: Unanimous
#664, August 1, 1984
Councilman Spratling amended motion on page 2, Item 7 to read:
"...approval of the trails in the development or landscape at the
terminus..."
MOTION:
Moved:
Vote:
To approve Minutes #664 as amended.
Spratling, Seconded by Bergmann
AYES: Spatling, Bergmann, Coxhead
ABSTAIN: Coxhead, Stein
c.
APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES
There were none.
D. COMMISSION AND COMMITTEE ORAL REPORTS
There were none.
E. PUBLIC QUESTIONS AND COMMENTS
Gene Marans, Lyford Cove/Old Tiburon Property Owners Association,
asked Council regarding clarification of the proposed copper
roofs on the Point Tiburon project.
Hank Baker, Point Tiburon Project Manager, stated the architect
was in full sympathy with concerns regarding a shiny copper roof;
that this is not what was being planned; the Project would use
the material originally approved or provide samples of any
alternatives before any decision was made.
TOWN COUNCIL MINUTES #665
August 15, 1984
Page 1
In response to Nat Marans, the Planning Director stated the
height of the condos would not exceed 30'.
The Town Manager introduced Tamara Wickland who was working as an
Administrative Intern for the Town during the summer, and who had
prepared the Staff Report on the Municipal Catalogue.
F. CONSENT CALENDAR
Councilman Bergmann requested Item 11, COMMUNITY BLOCK GRANT
PROGRAM, be moved to the Consent Calendar and stated Fred Volger
from the County offices was present to answer any questions about
the program. She recommended approval of the three year
agreement as proposed by the County. Town Manager Kleinert
removed item 2, Encroachment Permit Request, 80 Main Street.
MOTION: To approve the Consent Calendar consisting of:
1. POLICE REPORT (July 1984)
3. COMMITTEE FOR WATER QUALITY CONCENSUS (Letter to Mayor Smith,
dated 7/20/74, Two Resolutions)
11. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (Renew
Participation in Cooperative Agreement with Marin County)
Moved: Spratling, Seconded by Bergmann
Vote: AYES: Unanimous
G. PUBLIC HEARINGS & BUSINESS ITEMS
4. MASTER AND PRECISE PLAN AMENDMENT (20 Main Street, Ordinance,
2nd Reading & Resolution)
Council waived Staff Report.
Mayor opened the public hearing.
Former Mayor Bass requested some information. The Planning
Director briefly reviewed the Staff Report stating the applicant
was requesting permission to use the upstairs area for dining.
MOTION:
Moved:
Vote:
To read by title only.
Spratling, Seconded by Bergmann
AYES: Unanimous
The Mayor read ORDINANCE NO. 293 N.S., AN ORDINANCE OF' THE TOWN
COUNCIL OF THE TOWN OF TIBURON APPROVING MODIFICATIONS TO THE
MASTER PLAN FOR HARBOR LIGHT AT 20 MAIN STREET.
Mayor Smith stated condition 2 was redundant with condition 10
and requested it be modified.
MOTION: To approve second reading and adopt the aforementioned
ordinance.
Moved: Spratling, Seconded by Stein
Voted: AYES: Spratling, Stein, Bergmann, Coxhead, Smith
Mayor Smith requested the same redundancy be corrected in the
proposed Resolution.
MOTION: To adopt Resolution of the Town Council of the Town of
Tiburon Approving Modification to the Precise Plan for
20 Main Street.
Moved: Bergmann, Seconded by Spratling
Vote: AYES: Unanimous
TOWN COUNCIL MINUTES #665
August 15, 1984
Page 2
5. POINT TIBURON AND TIBURON BOULEVARD PLAZA MODIFICATIONS
(Reconsideration of Construction Modifications Utilizing
Aggregate Concrete and Brick for Point Tiburon Project)
The Planning Director reviewed the Staff report. The original
approval of the SP Plaza area was for a herringbone pattern of
brick. Subsequently, the Downtown Tiburon Boulevard Improvements
project was discussed and approved with the use of brick to make
it consistent with the SP Plaza. The Innisfree Companies had
requested a modification to their approved plans for the Plaza to
provide a combination of aggregate concrete and brick. Council
had approved this modification on July 18, 1984. The MJM
Engineering Contractors, contractors for the Downtown Tiburon
Boulevard Improvements Project, had requested clarification of
their project. MJM had been asked if they could sell the bricks
they had ordered for their project in the event there was a
design change to make this project more compatible with the Point
Tiburon plaza, and they in turn did sell the bricks without being
so directed. Councilman Spratling formally requested the entire
matter be reheard by the Council. The Planning Director reviewed
three options Council could consider.
Town Manager Kleinert stated MJM needed a decision so their
project could proceed without further delay. The Town Manager
suggested Council adopt a procedure to screen proposed changes or
modifications of the approved Point Tiburon Project by Staff and
the Council's Lands and Development Committee. Council agreed.
Town Manager Kleinert also stated he would like to hire a part
time building inspector to concentrate inspection efforts on the
Point Tiburon project. Council agreed to consider this request.
Mayor requested Hank Baker, Project Manager, to review his
previous application for modificaton.
Hank Baker reviewed the modification application through the
Design Review Board, Planning Commission and Council; stated the
landscape architect fully supported the use of aggregate
concrete; that the quality of the Project would not be
diminished. Mr. Baker stated the developer did not wish to
create a feeling of negativity about the Project and he was
willing to withdraw the modification.
Council discussed feasibility of reviewing the Town Plaza and the
Point Tiburon Plaza separately or concurrently and it was decided
to review the projects concurrently.
Councilman Bergmann stated she felt the two projects had to be
consistent; that given new information since the previous Council
action to modify the plans, she had changed her mind.
Councilman Spratling stated he had given most of his reasons for
reconsideration in his letter to the Town Manager with copies to
the current Town Council, previous Councilmembers who had passed
the Precise Plan, and The Ark which had published the letter.
Councilman Spratling stated there hadn't been a change in
community sentiment, the Town Engineer hadn't found an
engineering conflict, the environmental impact and the geologic
impacts were the same. Councilman Spratling stated he felt
strongly that the Council should not change the previous plans
based on the developer's indication there would be a cost savings
by eliminating some of the brick. Councilman Spratling suggested
other cost saving measures which would not affect the exterior
design of the project. He used plans to illustrate the
consistency between the two projects as originally approved; the
inconsistency as currently proposed, and reminded everyone that
it was the SP architect and landscape architect who had pushed
the original idea of using brick as the highest quality material
that could be used.
TOWN COUNCIL MINUTES #665
August 15, 1984
Page 3
In response to Councilman Bergmann, Councilman Spratling stated
there were differing opinions regarding whether the brick or
aggregate would hold up better under settling conditions, but the
Town Engineer stated there would be little difference.
Discussion ensued regarding settling in this area, repair of
cracks and/or brick.
The Mayor opened the public hearing.
Former Mayor Kirk Hanson stated that members of the Board of
Adjustments and Review, Planning Commission and Town Council had
spent thousands of hours on the original project and strongly
supported the retention of the brick design for both projects.
He noted that former Mayors Joan Bergsund, Dennis Rockey and Phil
Bass were also present, and that Hal Edelstein also strongly
supported the original project. He also stated there had been a
Town referendum which supported their decisions.
Louise Mirata, LCOTPOA, stated they were deeply concerned and
didn't want changes in the previously approved plan. She
congratulated Councilman Spratling for writing the letter and
bringing the matter before the Council.
Diana Bennett, President of LCOTPOA, confirmed the association
wanted to stay with the original plan.
George Landau supported the retention of brick and suggested the
contractor get the composition number, kiln and batch number or
perhaps stockpile a sufficient quanity of brick from the original
order for use when repairs were needed.
A resident questioned how the Council could change plans voted
upon and approved in a referendum, and urged the retention of the
original plans.
William Atchley, Mar West, urged Council to reconsider and return
to the use of brick.
Former Mayor Phil Bass emphasized the architect and landscape
architect had stated during the original hearings that the brick
was the highest quality project they could possible design; that
the Council required much more detail than normally required at
the Precise Plan stage. He stated he was shocked to see the
Council approve a change of this magnitude to this project. He
asked the Council to keep in mind how hard it was for the
community to be kept informed of pending Council action because
The Ark was delivered on Wednesday's and the fact few people were
present at a hearing did not mean their lack of interest or
approval. He strongly urged the Council to reconsider their
decision.
Mayor Smith stated he would support the use of brick for both
projects; the Council had established a mechanism to give them a
chance to review proposed changes with Staff before Council
hearings; that he had been swayed by the landscape architect and
architect of the project who had assured the Council there would
be no reduction in quality with the use of aggregate concrete.
Hank Baker stated he would vote for brick also. He reviewed the
history of his company's purchase of the Project from Southern
Pacific; the public improvements Tiburon would receive; that they
in no way intended for this modification to cheapen the
project. The anticipated savings would have amounted to
approximately $75,000. He had also been influenced by the
designer, but in light of the public response, Innisfree wants to
put an end to the controversy and continue to be a part of the
community. They had spent $50,000 fixing up the Donahue Building
and would donate it to the Town. They were looking for the
Town's support and assistance in making the project as successful
as possible. Innisfree was asking the community what type of
TOWN COUNCIL MINUTES #665
August 15, 1984
Page 4
stores they would prefer to be located within the project to
better serve the community.
The Mayor closed the public hearing.
The Town Engineer reassured Councilman Coxhead that his office
would inspect both projects' construction within five feet of the
buildings, and the Town Building Inspector would inspect the
buildings themselves.
Councilman Stein thanked Councilman Spratling for bringing the
matter back to the Council-for additional information.
MOTION: That Council reverse its decision of July l8, 1984 and
reinstate the original Master and Precise pIan
conditions.
Moved: Spratling, Seconded by Bergmann
Vote: AYES: Unanimous
Recess from 9:45 p.m. to 10:00 p.m.
6. PARADISE DRIVE TRAFFIC MODIFICATIONS (Consider Closure and
One-Way Traffic Options to Provide for Pipeline Installation,
Realignment and Shoreline Park Construction)
The Town Manager stated that the contractor had indicated there
would be traffic impacts if they closed Paradise Drive for the
sewerage drain pipe installation, shoreline park and realignment
of Paradise Drive. Council asked for alternatives to the closure
of Paradise Drive for an extended period.
Hank Baker introduced Jerry Dehrer, Project Engineer for Swenson
Co. Mr. Dehrer explained the need to install the drainage system
before the rainy season to insure water from the hillsides onto
their 34 acre site would properly drain into Racoon Straits; that
if the project isn't winterized they cannot continue with the
jOb. The ideal situation, but not practical, would be to close
Paradise Drive for six weeks. Alternative is to use flagmen and
keep one side of the road open most of the time; final paving
will require complete closure. Due to other restrictions, this
work could not begin until October. Mr. Dehrer stated the
shortest work schedule would require a 2-2 l/2 week closure, one-
way traffic for a few weeks and then a 1 week closure.
The Town Manager stated the contractor was attempting to
coordinate the no parking along Paradise Drive with Harbor
Carriers who intended to shut down ferry service for pier
reconstruction for one week. The Town Engineer stated temporary
parking must be created in accordance with the Subdivision
Agreement. Hank Baker stated he was working with Mr. Zelinsky to
provide temporary parking, and they were trying to get the
project's parking lot available by November. In response to the
Town Engineer, Mr. Dehrer stated the Beach Road extension was
almost to grade and would be gravel. This road could be used
temporarily only when Paradise Drive was closed.
The Mayor opened .the public hearing.
Diana Bennett expressed concern regarding emergency vehicles.
Mr. Dehrer stated the Fire District preferred one-way traffic
going towards the Caprice. The shorter time space for road
closure, the shorter the emergency situation. In response to
Mrs. Bennett, Mr. Dehrer stated there could possibly be a narrow
corridor along the rip-rap for pedestrian traffic.
Gene Marans stated the original plan provided for continuous
access and at no time was there discussion regarding closures.
She stated Mar West could not handle increased traffic and
objected strongly to closure of Paradise Drive.
TOWN COUNCIL MINUTES #665
August 15, 1984
Page 5
In response to a resident, Mr. Baker stated they couldn't delay
this construction till the Spring because the Shoreline Park was
scheduled to be completed before they close any units.
In response to Bennett Wren, Mr. Dehrer stated they couldn't
complete the parking lot before closing Paradise Drive because
this area would be a staging area for lumber.
In response to a resident, Mr. Dehrer stated he didn't think
Beach Road would be safe for pedestrian traffic. The Town
Engineer suggested leaving a six foot width for pedestrians.
In response to Mrs. Bennett, the Police Chief stated there had
not been an increase in accidents near Centro and Mar West.
The Mayor closed the public hearing.
The Mayor favored getting the job done as quickly as possible and
urged the Council to go with the scenario as advanced by Mr.
Dehrer providing there was pedestrian access along the shore and
Beach Road extension.
Councilman Spratling agreed and complimented Mr. Dehrer for his
explanation and willingness to receive community input.
Councilman Spratling stated the parking problem could be
considered by the Lands & Development Committee.
Mr. Dehrer stated he would return to Council with a refined
answer as to how much shorter construction time would be if the
Council allowed additional construction hours for this phase of
the Project.
7. DOWNTOWN PARKING (Consider Establishing Parking Committee for
Downtown Tiburon)
Town Manager reviewed his Staff report which suggested a
committee with representatives from various community groups.
Mayor Smith suggested a Councilmember serve on the Committee.
Stewart Hopkins Objected to merchants rather than residents
serving on the committee.
Jane Ring, l3 year resident and secretary to Chamber of Commerce
volunteered to serve on the Committee. Councilman Bergmann
suggested a female resident whose viewpoint of trying to shop
downtown during the day be on the committee, and also stated she
favored preferred treatment or identification stickers for
residents.
Council agreed to limit the committee to lO persons, resident
representation equal to merchants; rep from homeowner
associations; rep from Belvedere, rep from Staff and Councilman
Bergmann would represent the Council. The Town Manager was
directed to proceed with formation of the Committee.
8. UNDERGROUNDING OF UTILITIES AT SAN RAFAEL AVENUE & TIBURON
BOULEVARD (Joint Undergrounding Program with City of
Belvedere and County of Marin)
The Town Manager suggested the item be continued. Councilman
Coxhead suggested the poles be marked or numbered on the diagram.
9. ORDER TO SHOW CAUSE (Tree Complaint, 666 Hilary Drive)
Town Manager asked that item be continued at request of the owner
to September 19, 1984.
TOWN COUNCIL MINUTES #665
August 15, 1984
Page 6
10. ANNEXATION PROGRAM (Authorize Annexation Application to LAFCo
for Certain West Tiburon Properties - Resolution)
The Town Manager stated in conjunction with the Tiburon Hill
Estates application for annexation, it would be more economical
and practical to include other areas that had expressed interest
in annexation. The Town Manager noted that as there had been
considerable opposition from the Bel Aire community in the past,
this area was not included in the annexation application.
Mr. Robert Rogers, 60 Pamela Court, speaking as an individual
homeowner and not as President of the Bel Aire Improvement
Association, suggested the Town talk to residents and start an
education process to try to convince residents to consider
annexation; that if the Town did not approach the residents, he
felt some residents would take this as an affront and appear
before LAFCo; he appealed to Council not to proceed until they
educate the entire community and annex the areas logically.
Councilmen Bergmann and Coxhead both offered to meet with
residents of the area. The Town Manager stated he was pleased to
see an expression of interest from the Bel Aire area, and the
LAFCo application could be amended at their public hearing if Bel
Aire wished to be included. The Mayor stated the interest must
come from the community and it was not the Town's position to
impose annexation.
MOTION: To adopt RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON MAKING APPLICATION TO THE MARIN LOCAL AGENCY
FORMATION COMMISSION FOR THE WEST TIBURON ANNEXATION
PURSUANT TO THE MUNICIPAL ORGANIZATION ACT.
Moved: Spratling, Seconded by Bergmann
Vote: AYES: Unanimous
B. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS
l2. MUNICIPAL GIFT CATALOGUE (Staff Recommendations)
Item continued to the next meeeting.
RESIGNATION
Mayor Smith read a letter from Peyton Stein in which she resigned
from the Town Council due to personal conflicts effective
September l5. The Council accepted the resignation with regret
and stated their intention to fill the vacancy by appointment
rather than hold an election. Such appointment would be made by
October 15.
Councilwoman Stein expressed her deep regret at the necessity of
retiring and her willingness to continue to serve the community
in other capacities.
I. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Smith adjourne meeting at 11:59 p.m., sine
die.
R.
TOWN COUNCIL MINUTES #665
August l5, 1984
Page 7
MINUTES
TOWN COUNCIL
CALL TO ORDER
Vice-Mayor Bergmann called the regular meeting of the Town
Council of the Town of Tiburon to order at 7:45 P. M., Wednesday,
August l, 1984, in the Hilarita Community Room, Tiburon,
California.
A. ROLL CALL
PRESENT: COUNCILMEMBERS: ~Spratling, Coxhead, Bergmann
ABSENT: COUNCILMEMBERS: Stein, Smith
EX-OFFICIO: Town Manager Kleinert, Planning
Director Hanna, Town Attorney Conn,
Town Engineer Bala, Supt. of Public
Works Brunini, Assistant Town Clerk
Hennessy
B. APPROVAL OF MINUTES
#663, July l8, 1984
Councilman Spratling requested the Minutes be continued.
c. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES
There were none.
D. COMMISSION AND COMMITTEE ORAL REPORTS
There were none.
E. PUBLIC QUESTIONS AND COMMENTS
Mr. Cliff Weyrick, Chief Estimator, MJM Engineering Contractors,
Inc., requested direction from Council regarding the brick paving
of the plaza area for the Downtown Tiburon Boulevard Improvements
project.
After discussion by Council, the Town Engineer and Town Manager,
it was determined that Jesper Strangaard, Deputy Town Engineer,
had asked Mr. Weyrick on Thursday, July 19, 1984 if he could
cancel a portion of the order for brick for the project since the
Town Council had approved a change in the Point Tiburon Plaza
design on July l8, 1984. Mr. Strangaard did not order this
cancellation, but was merely seeking information. Mr. Weyrick
did indeed cancel the portion of the order for brick which would
be required for the plaza area since it was his understanding
that the plaza area would now use aggregate concrete in order to
be consistent with the Point Tiburon plaza area.
Councilman Spratling requested that Council agendize both plaza
areas for discussion at a public hearing on August l5 and stated
he would formally submit a letter of request.
Councilman Coxhead suggested Council make a decision immediately.
Vice-Mayor Bergmann agreed that a public hearing of the issue was
necessary and directed Staff to agendize both items for the next
Council meeting.
F. CONSENT CALENDAR
Town Manager Kleinert commended Rodger Long, Building Official,
for his years of dedicated service to the Town and announced that
he had retired to travel around the Country. Vice-Mayor Bergmann
requested Staff to express their appreciation to Rodger for his
efforts on behalf of the Tiburon community.
TOWN COUNCIL MINUTES #664
August 1, 1984
Page 1
MOTION: To approve the Consent Calendar consisting of the
following items:
1. POLICE REPORT (June 1984)
2. AUTHORIZATION TO DESTRUCT TOWN RECORDS
(FY 1970 thru 1979, Resolution)
3. ORDER TO SHOW CAUSE (Set Public Hearing
Date Regarding Tree Complaint - 666 Hilary Drive)
4. RECOGNITION AND APPRECIATION OF TOWN SERVICES
(Rodger Long, Building Official, 1978-84,
Resolution)
5. AWARD OF CONTRACT FOR ARCHITECTUAL SERVICES
(D. K. Loomis, AlA - Stone Tower Repairs)
6. AYALA DA~ 1984 (Authorize Display of Ayala Day
Banner)
Moved: Spratling, Seconded by Bergmann
Vote: AYES: Unanimous
ABSENT: Stein, Smith
G. PUBLIC HEARINGS & BUSINESS ITEMS
7. GILMARTIN DRIVE ASSESSMENT DISTRICT NO. 84-1
Ed Ness, Bond Counsel, reviewed resolutions to be considered by
the Town Council.
MOTION: To approve RESOLUTION OF THE TOWN COUNCIL DETERMINING
ASSESSMENTS REMAINING UNPAID
Moved: Spratling, Seconded by Coxhead
Vote: AYES: Unanimous
ABSENT: Stein, Smith
MOTION: To approve RESOLUTION OF THE TOWN COUNCIL DIRECTING
ENGINEER OF WORK TO MAKE RED-INK CHANGES IN EXHIBIT B OF
THE AMENDED ENGINEER'S REPORT
Moved: Spratling, Seconded by Coxhead
Vote: AYES: Uanimous
ABSENT: Stein, Smith
MOTION: To approve RESOLUTION OF THE TOWN COUNCIL APPROVING
AGREEMENT WITH RICHARDSON BAY SANITARY DISTRICT
Moved: Spratling, Seconded by Coxhead
Vote: AYES: Unanimous
ABSENT: Stein, Smith
The Town Manager stated the Town Attorney requested two
additional resolutions be passed by Council, one would authorize
the execution of a deed by the Vice-Mayor and the other would
amend Resolution 2228.
MOTION: To approve RESOLUTION OF THE TOWN COUNCIL AUTHORIZING
THE VICE-MAYOR TO EXECUTE DEED TO COMPLETE PROPERTY
EXCHANGE PURSUANT TO ORDINANCE 242 N.S. APPROVING DEL
MADERA MASTER PLAN
Moved: Spratling, Seconded by Coxhead
Vote: AYES: Unanimous
ABSENT: Stein, Smith
Town Attorney Conn reviewed proposed resolution which would amend
Resolution No. 2228. The new resolution would accept a lien on
lots 18 through 22 in lieu of furnishing other security and
determining it would not be in the public interest to require
installation of the required public improvements on said lots
sooner than two years after the recordation of the Final Map.
In response to Councilman Spratling, Ms. McCart, representing the
owner, stated with reference to a change in wording in the
Improvement Agreement it was not their intent to delete Town
Council approval of the landscaping of trails and the terminus at
Roundhill Road, and they would provide a letter to that effect.
TOWN COUNCIL MINUTES #664
August 1, 1984
Page 2
MOTION: To approve RESOLUTION OF THE TOWN COUNCIL AUTHORIZING
ACCEPTANCE OF LIEN IN LIEU OF OTHER SECURITY AND FINDING
THAT PUBLIC INTEREST REQUIRES INSTALLATION OF
IMPROVEMENTS NOT SOONER THAN TWO YEARS AFTER RECORDATION
OF DEL MADERA FINAL MAP
Moved: Spratling, Seconded by Coxhead
Vote: AYES: Unanimous
ABSENT: Stein, Smith
8. MASTER AND PRECISE PLAN AMENDMENT (20 Main Street _
Ordinance, 1st Reading
The Planning Director reviewed the Staff report. The applicant
was requesting permissJon to provide food service on the second
floor of Harbor Light. The PlanniDg Director noted that the Fire
District had provided a letter which should be included as one of
the provisions of other agencies.
Vice-Mayor Bergmann asked if the Planning Commission had
discussed prior conditions of approval as they related to noise
problems. The Planning Director stated he had included the past
history in the Commission packet, but there was not a specific
discussion at the meeting.
The Vice-Mayor opened the public hearing.
In response to Vice-Mayor Bergmann, Unes GOllestani, applicant,
stated the door was sometimes opened for ventilation when the
weather was hot; that he had moved the music to the rear of the
restaurant to cut down on noise.
In response to Councilman Coxhead, the applicant stated he could
put an additional fan upstairs to discourage opening the door for
ventilation.
Councilman Spratling expressed concern regarding some downtown
businesses' disregard for conditions of approval placed on
previous applications and requested Staff to monitor the noise
situation and return to Council if the conditions of approval are
not met.
The Vice-Mayor closed the public hearing.
Following discussion by Council, the proposed ordinance was
amended under condition 7., second sentence, to read: "All
requirements of the Uniform Building Code and the Building
Official, including adequate ventilation, shall be satisfied
prior to the commencement of the use of the area".
To read by title only.
Spratling, Seconded by Coxhead
AYES: Unanimous
ABSENT: Stein, Smith
The Vice-Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON APPROVING MODIFICATIONS TO THE MASTER PLAN FOR HARBOR
LIGHT AT 20 MAIN STREET.
MOTION: To pass first reading of the aforementioned Ordinance as
amended.
Moved: Spratling, Seconded by Coxhead
Vote: AYES: Spratling, Coxhead, Bergmann
NOES: None
ABSENT: Stein, Smith
MOTION:
Moved:
Vote:
9. UNDERGROUNDING OF UTILITIES AT SAN RAFAEL AVENUE & TIBURON
BOULEVARD (Joint Undergrounding Program with City of
Belvedere and County of Marin)
The Town Manager requested that this item be continued to the
next meeting.
TOWN COUNCIL MINUTES #664
August 1, 1984
Page 3
10. ANNEXATION PROGRAM (Status of Proposed Annexations in the
Vicinity of West Tiburon)
At the request of the Town Manager, the Town Council directed
Staff to proceed with prezoning and environmental review of the
remaining areas listed in the Staff report in an effort to
consolidate the annexation application to LAFCo. The matter was
continued to the next meeting for further consideration.
ll. DOWNTOWN PARKING (Consider Establishing Parking Committee
for Downtown Tiburon)
Council continued this item to the next meeting.
B. COMMUNICATIONS, STAFF AND TOWN MANAGER I,TEMS
POINT TIBURON PROJECT CONSTRUCTION SCHEDULE
The Town Manager requested direction from Council regarding a
request by the contractor of Point Tiburon to allow construction
work for the drainage system to be performed on Saturdays and
from 5 p.m. to 6 p.m. weekdays.
The Town Engineer concurred that the underground water and sewer
plans were not complete when Innisfree purchased the property
from Southern Pacific, and installation of the drainage system
was critical before the rainy season.
The Town Manager reviewed the potential problems which would
occur during the rainy season if the drainage system was not
completed.
The Council agreed to extend the hours from 5 p.m. to 6 p.m.
weekdays, and from 9 a.m. to 6 p.m. on Saturdays, limited to the
subcontractor Ghilotti Bros., Inc. for the sole purpose of .
installing the drainage system, on a trial basis, for a perlod no
longer than 5 to 6 weeks.
The Town Manager stated that Paradise Drive would apparently have
to be closed for installation of the pipeline, and the contractor
was therefore requesting the road be closed for 2 to 3 weeks
which would also allow realignment of Paradise Drive and
installation of the shoreline park at the same time.
Council expressed concern with such a lengthy closure, and noted
approximately 100 cars currently park in this area. Staff was
requested to agendize the item for public hearing and further
discussion of possible alternatives to closing Paradise Drive.
I. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Vice-Mayor Bergmann adjourned the meeting at 9:05 P.M.,
sine die.
~~
VALERIE BERGMANN, VIC MAYOR
Town of Tiburon
TOWN COUNCIL MINUTES #664
August 1, 1984
Page 4
MINUTES
TOWN COUNCIL
CALL TO ORDER
Mayor Smith called the regular meeting of the Town Council of the
Town of Tiburon to order at 7:40 P. M., Wednesday, July 18, 1984,
in the Hilarita Community Room, Tiburon, California.
A. ROLL CALL
PRESENT: COUNCILMEMBERS: Spratling, Stein, Bergmann, Coxhead
Smith
ABSENT: COUNCILMEMBERS: None
EX-OFFICIO: Acting Town Manager Nadritch, Planning
Director Hanna, Deputy Town Engineer
Strangaard, Supt. of Public Works
Brunini, Chief of Police Bailey,
Assistant Town Clerk Hennessy
B. APPROVAL OF MINUTES
Minutes #662, July 5, 1984
Councilman Spratling made the following corrections:
Page 3, paragraph three, first line, insert after include "a
recommendation to prohibit the discharge of grey water into .the
Bay" .
Page 3, paragraph eight, should read, ...be issued unless "the
retaining wall requirements satisfy and are approved by the Town
Engineer;" and add at the end of the sentence: "as perceived by
the Town Engineer"..
Page 3, ninth paragraph, should read: "Councilman Spratling
stated the Council should abide by the decision of the Town
Engineer and stated that neither Mr. Bala's firm nor the Council
could transfer liability to the project engineers simply by
expressing the jUdgement that the project engineer soils and
engineering requirements were inadequate and asserting that if
the project engineers proceed it would be therefore at their own
risk without any liability on behalf of the Town. Spralting
suggested the Bala and Strangaard letter be withdrawn."
Page 5, paragraph eight, insert after ...the applicant or "by
requirement of" the Town Engineer.
Page 6, paragraph four, add: "...to insure hook-up to Sanitary
District No. 5 sewer system within six months of Sanitary
system's availability".
MOTION:
Moved:
Vote:
To approve Minutes #662 as amended.
Spratling, Seconded by Bergmann
AYES: Unanimous
ABSTAIN: Coxhead
c.
APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES
There were none.
D. COMMISSION AND COMMITTEE ORAL REPORTS
There were none.
TOWN COUNCIL MINUTES #663
July 18, 1984
Page 1
E. PUBLIC QUESTIONS AND COMMENTS
There were none.
F. CONSENT CALENDAR
Mayor Smith called attention to the resolutions of appreciation
which expressed the Town's gratitude for the wonderful
Anniversary/Centennial celebrations.
Former Mayor Bran Fanning, Chairman of the Anniversary/Centennial
Committee noted there were pver lOG. people involved in making the
celebrations a success.
Former Mayor Kirk Hanson thanked the Council for the support
given the Committee and Town Staff for their amazing job of
coordination during the various events, especially Alan
Nadritch. Mr. Hanson read a Resolution passed by the Committee
in appreciation to Alan Nadritch for his outstanding
contributions and presented Mr. Nadritch with a framed copy of
the resolution.
Lou Brunini commended The Innisfree Companies, Inc. and Carl N.
Swenson, Inc. for their cooperation in making the site for the
tent available.
MOTION: To approve the Consent Calendar consisting of the
following items:
1. 1984 TIBURON ANNIVERSARY/CENTENNIAL CELEBRATION
a. Resolution of Appreciation to Tiburon
Anniversary Committee .
b. Resolution of Appreciation to Belvedere/Tiburon
Landmarks Society, B. Meyers and Maria Woodward
c. Resolution of Appeciation to the
Belvedere/Tiburon Chamber of Commerce
2. NOTICE OF COMPLETION (2 Place Moulin - Resolution)
3. CLAIM AGAINST THE TOWN (Belvedere Land Comapny -
Recommend Denial
Moved: Spratling, Seconded by Bergmann
Vote: AYES: Unanimous
G. PUBLIC HEARINGS & BUSINESS ITEMS
4. RICHARDSON BAY SPECIAL AREA PLAN
The Planning Director reviewed the Staff report, and letters from
Warren Callister, Tiburon Planning Commissioner, and Judith Bang,
Marina Plaza Harbor Special Federal Anchorage.
In response to Councilman Coxhead, the Planning Director stated
the Plan only included Richardson Bay waters.
The Mayor opened the public hearing.
Martha McCart, Cdunty Consultant, reviewed the membership of the
Advisory Committee, the number of public hearings and five
background reports which were summarized in the Plan. The
Committee urged the adoption of the Plan in its entirety; they
were working to develop a cohesive enforcement plan; the Plan was
not intended to override any local zoning or land use policies.
Elva Edger, League of Women Voters, read a letter to the Council
urging adoption of the Richardson Bay Special Area Plan.
Warren Callister, as a private citizen, expressed his concern
about the aesthetics, historical uses of the Bay and preservation
not covered in the findings or policies of the Plan and urged
that these policies be developed. He also expressed concerns
TOWN COUNCIL MINUTES #663
July 18, 1984
Page 2
regarding continuous public access as referenced in the Plan and
felt the Plan was too specific.
Ms. McCart stated the historical and archaeological concerns were
covered in great detail in the first background report. Ms.
McCart stated perhaps the wording of the first item in public
access polices is a little ambiguous and could be clarified. She
suggested "unified public access system" and deletion of the word
"continuous".
/
/
Discussion ensued regarding the Alan Thompson Walkway around the
Tiburon downtown waterfront from the ferry pier to the Corinthian
Yacht Club. It was pointed out that the walkway was already
included in the Tibuorn Downtown Plan and that's why it was
included in the Richardson Bay Special Area Plan.
The Mayor closed the public hearing.
Councilman Spratling suggested that comments such as Mr.
Callister's be included as an addendum to the Plan. Ms. McCart
agreed and stated comments and minutes of meetings could be
included in an addendum to the Plan. Mayor Smith suggested that
an appendix should include only official actions of the
jurisdictions involved.
Councilman Spratling supported Mr. Callister's comments regarding
the traditional and historic uses of the Bay, however, he
disagreed with his other comments. Councilman Spratling
supported having specificity in the Plan to give direction to
those who would enforce the Plan. Councilman Spratling stated he
had previously expressed concern that so much of the Plan was in
recommended form and not mandatory. He did not support the ,
deletion of the word "continuous" because it was a "should be"
recommendation.
Councilman Spratling requested the Minutes record that "The only
reason Councilman Spratling was voting for the Plan with respect
to no prohibition on grey water discharge was because of what our
representatives to the planning body, namely, Valerie Bergmann
and Martha McCart have explained to the Council in terms of the
political realities of this situation, that is, if that were
inserted in the Plan, the Plan would fail; that perhaps not any
jurisdictions would vote for it and we would lose the cross-
section of support we apparently have". Councilman Spratling
agreed with the League of Women Voters, the Sierra Club and other
environmental groups and felt grey water would have to be
enforced in the future.
Councilman Coxhead questioned the timing schedule for adoption of
the Plan, and Ms. McCart responded that BCDC would like to adopt
the Plan in September and was hoping local jurisdictions would
have completed the adoption process by then.
Councilman Coxhead stated he hadn't had enough time to review the
Plan and asked the Council to continue adoption to August 1,
1984.
The other Councilmembers expressed their desire to proceed with
the adoption of the Plan.
Mayor Smith stated he agreed with the addendum to the Plan, and
also supported deletion of the word "continuous". Councilman
Spratling stated deletion of the word "continuous" would cause a
conflict with BCDC policy.
Ms. McCart suggested adoption of the Plan as presented, but with
a request to clarify the intent at the implementation stage. Ms.
McCart suggested there could be a cover letter to the Plan
listing clarifications.
TOWN COUNCIL MINUTES #663
July 18, 1984
Page 3
MOTION: To pass Resolution No. 2239, A RESOLUTION OF THE TOWN
COUNCIL OF THE TOWN OF TIBURON ADOPTING THE RICHARDSON
BAY SPECIAL AREA PLAN AS PART OF THE GENERAL PLAN OF THE
TOWN OF TIBURON with the following amendments:
l. There be a proviso that Policy No. 1 be clarified in
the implementation process.
2. That in the Appendix to the Plan there be a
statement that the Town Council of the Town of
Tiburon believes that there should be some findings
with respect to historic uses and preservation and
the importanc~ thereof.
3. That there be a second statement in the Appendix to
the Plan that the Tiburon Town Council but for the
recognition of the political realities required for
passage of a unified Plan for all jurisdictions
would have recommended that there be a prohibition
of grey water discharge into Richardson Bay.
Moved: Spratling, Seconded Bergmann
Vote: AYES: Spratling, Stein, Bergmann, Smith
ABSTAIN: Coxhead
Councilman Stein left temporarily at 8:52 p.m.
RECESS
5. POINT TIBURON MODIFICATIONS (Plaza Design and Building
Skylights - Recommendations from Planning Commission)
The Planning Director reviewed the Staff report which outlin~d
the proposed modifications, i.e., skylights' style and location;
deletion of solarium windows; details of the trash enclosures;
elimination of some of the "ribs" extending from the building and
request to use aggregate and brick paving instead of all brick
paving.
The Design Review Board approved the modifications to the
skylights and solariums provided no lights be located in the
skylights; approved the window modifications on the condition the
grid detail remain on the windows; the majority of the Board felt
the original plaza design was appropriate.
The Planning Commission accepted the Design Review Board's
recommendation regarding the windows, deletion of the solariums
and "ribs" and retention of the pyramidal skylights. The
Planning Commission was split on the approval of the Plaza
mOdifications; two were in favor of retaining the all brick Plaza
and two would favor a modification if a unifying theme could be
maintained.
The Mayor opened the public hearing regarding the brick plaza.
Mr. Hank Baker, Project Director of Point Tiburon, stated they
were fine tuning a large and complicated project and requested
the proposed modifications. He introduced Tony Guzzardo,
architect.
Tony Guzzardo reviewed the background of the Project and strongly
emphasized that he would not be in favor of the modifications if
it diminished the quality of the Project.
Councilman Stein returned at 9:12 p.m.
Mr. Guzzardo showed the Council sample tiles of the exposed
aggregate concrete and brick pattern and used maps to illustrate
the proposed modifications. Mr. Guzzardo stated there would be a
cost savings, but the modifications would retain the quality of
the project.
TOWN COUNCIL MINUTES #663
July 18, 1984
Page 4
Renton Rolph, Planning Commissioner, preferred the all brick
plaza design.
\
\
Warren Callister, Planning Commissioner, supported the change to
the aggregate concrete.
Bill Lukens, l60 Los Lomas, stated he was against modifications
in general aimed at reducing costs, but not if they produced a
high quality design. Mr. Lukens stated he didn't object to the
use of aggregate concrete, however, he felt a continuity should
be preserved with the downtown Tiburon Blvd. improvements and if
that was not possible at this date,.the brick should remain.
The Mayor closed the public hearing regarding the brick plaza.
Chief of Police Bailey stated the City of Napa had numerous
claims against the City because of their use of brick in the
downtown area.
Lou Brunini, Superintendent of Public Works, stated the brick
would be costly to maintain.
Councilman Spratling stated he didn't think a cost savings is any
reason to consider a change in the plan if it has an adverse
effect on the quality of the project. He suggested a compromise
use of retaining the all brick pattern into the project and then
using a mixture of exposed aggregate and brick within the
project. Councilman Spratling emphasized there had been
considerable discussion regarding the importance of maintaining
continuity with the Downtown Tiburon Boulevard Improvements
project and the plaza areas.
Tony Guzzardo explained the radial patterns of plaza areas and
scale of areas; that he didn't want to redesign the areas again
and go through the public hearing process again.
Councilman Bergmann stated as long as the scale, colors and
material were compatible she would accept the modifications.
Mayor Smith agreed.
Councilman Coxhead stated he felt Innisfree was making a mistake
by eliminating the all brick pattern.
Councilman Spratling stated he felt this was a big change; that
numerous hours were spent on the original design; the plaza was
to be an extension of the public area and designed to invite
people from the other side of the street to enjoy the lagoon;
that the previous Council would never have designed Tiburon
Bouelvard as all brick except to maintain uniformity. Councilman
Spratling stated the Council should not assume that they had to
accommodate people because of cost considerations; that his
compromise proposal would accomplish a 60-70% reduction of costs.
Further discussion ensued regarding Councilman Spratling's
compromise proposal.
The Planning Director supported the retention of all brick.
MOTION: To accept the new design with the proposed changes.
Moved: Bergmann, Seconded Stein
Councilman Spratling stated he wanted to emphasize he did not
think it was a benign change; that the changes were made with a
lot less agony than the decisions were made; that if the members
of the Planning Commission and prior Council who voted on this
orignial design were present, the Council would have a hailstorm
on their hands of opposition; had he had any sense that approval
might happen, he would have tried to have former members present.
TOWN COUNCIL MINUTES #663
July 18, 1984
P ag e 5
Mayor Smith stated he felt there were other profound changes in
the plaza since the original design.
Councilman Spratling stated he had voted for previous changes
because they were reductions in scale and not reductions in
texture and design.
Mayor Smith stated he did not feel the integrity of the design
had been broken. Mayor Smith stated this change was not
compromising the integrity or design of the project; that in the
future the developer would have to prove any change would not
change th~ quality of the project;~hat he would be sensitive to
changes proposed by the developer.
Councilman Spratling stated the Council should not take at face
value speculation regarding the bottom line of these condos and
whether they would be marketable especially since we haven't
worked out with the developer the amount of contribution of the
Redevelopment Agency; that there was no hard evidence before the
Council to make any decision based upon cost.
Mayor Smith stated the applicant has stated it is a cost savings
and the architect reaffirms it is an acceptible design.
Vote: AYES:
NOES:
Stein, Bergmann, Smith
Spratling, Coxhead
Tony Guzzardo pointed out that the promenade around the buildings
was an expensive addition that the developer agreed to and the
cost of that promenade was about equal to the amount of money
saved by this proposed redesign of the plaza area.
The Planning Director reviewed the other proposed changes, i.e.,
Bayside buildings 16 through 19 windows and deletion of some of
the solariums and a change in the skylights. Mr. Hanna used maps
to illustrate the proposed changes.
Mr. Baker stated he had been working with the project's architect
in making numerous changes, i.e., sewer lines, water lines,
plumbing fixtures. He stated the proposed changes would reduce
the window area facing north by approximately 3,500 sq. ft. thus
reducing reflected light.
Bob Geering, Director of Design for Fischer Freidman Associates,
reviewed the proposed changes and stated they had agreed to leave
the grid work on the windows; that the height of the skylights
was of major concern and that's why they used the low dome
instead of the pyramid; the "ribs" were removed to gain better
views.
The Mayor opened the public hearing on the other modifications.
Mr. Lukens expressed concern that the elimination of the
solariums might reduce the quality of the project; that this
feature was contained in their promotional brochure.
Mr. Callister sta'ted the Planning Commission's concern that with
the elimination of the solariums the roof lines wouldn't be
interesting. He suggested keeping the original skylight design.
Discussion ensued regarding height limits.
The Mayor closed the public hearing.
Council agreed that the total height of the project should not
change.
MOTION: To accept proposed changes by the applicant with the
conditions imposed by Design Review Board and Planning
TOWN COUNCIL MINUTES #663
July 18, 1984
Page 6
Commission, namely, the vertical windows which have
been moved down have a grid effect; light fixtures
not be placed in the area of the new skylights which
would allow light to shine out of them and that the
developer work with Staff in reaching an appropriate
solution with respect to the skylight treatment that
will cause it to generally remain benign, but if
noticed, have a pleasing architectural appearance, and
that the total height not go above that specified in the
Tenatative Map.
Moved: Spratling, Se~onded Bergmann
Vote: ~YES: Unan imou's
6 . INTERIM SIGNING FOR POINT TIBURON SALES OFFICE
(Recommendations from Design Review Board)
The Planning Director stated that the ordinance which adopted
this project states that all items must return to the Town
Council for approval.
MOTION:
basis
Moved:
To leave the interim sign matters with the Design Review
Board and brought to the Council on an exception
by Councilmembers.
Spratling, Seconded Bergmann
The Planning Director stated the sign ordinance is being used as
a basis but since this request is for temporary signing there are
variations. Councilman Coxhead stated he was in favor of
granting a larger temporary sign rather than be strictly bound by
the ordinance. Mr. Baker stated the Design Review Board felt the
sign for the Donahue Building was too large and they had reduced
the size of that sign.
Vote: AYES:
Unanimous
7. GILMARTIN DRIVE ASSESSMENT DISTRICT NO. 84-1
Ed Ness, Counsel for the Assessment District, reviewed the
actions to be taken by Council. He stated he had filed Consent
and Waiver to Shorten Collection Period from 30 days to one week
with the Assistant Town Clerk. The Council reviewed the
following resolutions and acted upon them accordingly.
MOTION: To approved Resolution No. 2240, A RESOLUTION OF THE
TOWN COUNCIL OF THE TOWN OF TIBURON AUTHORIZING ISSUANCE
OF BONDS.
Moved: Spratling, Seconded by Bergmann
Vote: AYES: Uanimous
Mr. Ness stated he had filed the offer from Wulff, Hansen & Co.
with the Assistant Town Clerk
MOTION: To approve Resolution No. 2241, A RESOLUTION OF THE TOWN
COUNCIL OF THE TOWN OF TIBURON ORDERING SALE OF BONDS.
MOVED: Spratling, Seconded by Bergmann
Vote: AYES: Unanimous
Mr. Ness requested Council to approve the award of contract
subject to condition that the award be approved by the Town
Attorney and Bond Counsel.
MOTION: To approve Resolution No. 2242, A RESOLUTION OF THE TOWN
COUNCIL OF THE TOWN OF TIBURON AWARDING CONTRACT SUBJECT
TO THE AWARD BEING APPROVED BY BOTH THE TOWN ATTORNEY
AND BOND COUNSEL.
Moved: Bergmann, Seconded by Stein
Vote: AYES: Unanimous
Mr. Ness noted that the Notice of Award of Contract would be
filed at the proper time.
TOWN COUNCIL MINUTES #663
July IS, 1984
Page 7
MOTION: To aprove Resolution No. 2243, A RESOLUTION OF THE TOWN
COUNCIL OF THE TOWN OF TIBURON APPROVING AGREEMENT WITH
MARIN MUNICIPAL WATER DISTRICT
Moved: Spratling, Seconded by Stein
Vote: AYES: Unanimous
Dean Rhodes stated the map had to be changed in accordance with
instructions from the Town Attorney who wanted the park lands
accepted by the Town in fee for public park purposes.
MOTION: To approve Resolution No. 2244, A RESOLUTION OF THE TOWN
OF TIBURON AMENDING RESOLUTION NO. 2228 APPROVING THE
FINAL MAP FOR THE DEL MADERA SUBDIVISION
Moved: Stein, Seconded by Spratling
Vote: AYES: Unanimous
MOTION: To approve Resolution No. 2245, A RESOLUTION OF THE TOWN
COUNCIL OF THE TOWN OF TIBURON AUTHORIZING THE MAYOR TO
EXECUTE DEEDS
Moved: Spratling, Seconded by Bergmann
Vote: AYES: Unanimous
8. MARIN COUNTYWIDE GAS TAX MEASURE (Proposed Ballot Measure for
Novembe r )
Item continued to the next meeting.
B. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS
CIBRIAN PROJECT
The Planning Director reported that Dean Rhodes, Project
Engineer, had prepared new calculations for the enlarged building
envelopes and found them acceptable and they would not have a
negative impact on the project.
Staff was directed to try to set up an interview session with two
candidates for the Design Review Board.
I. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Smith adjourned the meeting at 11:35 P.M., sine
die.
TOWN COUNCIL MINUTES #663
July 18, 1984
Page 8
MINUTES
TOWN COUNCIL
CALL TO ORDER
Mayor Smith called the regular meeting of the Town Council of the
Town of Tiburon to order at 7:40 P. M., Thursday, July 5, 1984,
in the Hilarita Community Room, Tiburon, California.
A. ROLL ..CALL
PRESENT: COUNCILMEMBERS: Spratling, Bergmann, Smith
ABSENT: COUNCILMEMBERS: Coxhead, Stein
EX-OFFICIO: Town Manager Kleinert, Planning
Director Hanna, Town Attorney Conn,
Town Engineer Bala, Supt. of Public
Works Brunini, Acting Chief of Police
Lima, Assistant Town Clerk Hennessy
B. APPROVAL OF MINUTES
Minutes #66l, June 20, 1984
Councilman Spratling requested rewording of second motion on page
4, Item 9, Town Budget, to read: Adopt the 1984-85 Town budget
with the understanding the Town Manager will consult with the
Finance and Administration Committee which will then make a
recommendation to the full Council regarding adjustments, if any,
to the base salary ranges of the Planning Department personn~l
and Department Heads. .
MOTION:
Moved:
Vote:
To approve Minutes #661 as amended.
Spratling, Seconded by Bergmann
AYES: Unanimous
ABSENT: Coxhead, Stein
c.
APPOINTMENTS TO COMMISS IONS, BOARDS, COMMITTEES
There were none.
D. COMMISSION AND COMMITTEE ORAL REPORTS
There were none.
E. PUBLIC QUESTIONS AND COMMENTS
Councilman Spratling requested Town Staff to prepare a response
to letter from Mr. Biachni regarding construction on Greenwood
Beach Road after determining whether allegations were correct.
F. CONSENT CALENDAR
Item Nos. 13 and 16 were added to the Consent Calendar. It was
understood that Valerie Bergmann would be voting delegate and
Stone Coxhead would be alternate delegate to the League of
California Cities Annual Conference.
MOTION: To approve the Consent Calendar consisting of the
following items:
1. FINANCE REPORT (May 1984)
2. TREE TRIMMING ON TOWN PROPERTY (Authorization to Top
Eucalyptus Trees in Front of Town Hall, Along
Tiburon Blvd.
TOWN COUNCIL MINUTES #662
July 5, 1984
Page 1
13. CAPITAL EQUIPMENT ACQUISITION (Authorization to
Lease/Purchase Public Works Street Sweeper)
16. LETTER FROM LEAGUE OF CALIFORNIA CITIES TO TOWN
COUNCIL, DATED 6/13/84 (Designation of Voting
Delegate for League's Annual Conference in
September)
MOVED: Spratling, Seconded by Bergmann
Vote: AYES: Unanimous
ABSENT: Coxhead, Stein
G. PUBLIC $ARINGS & BUSINESS ITEMS
3. ANIMAL CONTROL ORDINANCE AMENDMENT (Provide Leash Law
Provisions Along Multi-Use Path, Ordinance, 2nd Reading
The Town Manager reviewed the Staff report and summarized a
letter from Mr. Rupert Jernigan, who suggested an unrestricted
area for dog run/play and dog training classes. The Town Manager
suggested that the Parks & Open Space Commission consider such an
area and mentioned there was Town owned prooperty to the right of
Blackie's Pasture which might be used for this purpose.
Councilman Spratling suggested amending the ordinance to include
...and any "street, sidewalk or parking lot in" areas containing
retail establishments,...
The Mayor opened the public hearing. There being no comments,
the Mayor closed the public hearing.
MOTION:
Moved:
Vote:
To read by title only.
Spratling, Seconded by Bergmann
AYES: Unanimous
ABSENT: Coxhead, stein
The Mayor read, ORDINANCE NO. 292 N.S., AN ORDINANCE OF THE TOWN
COUNCIL OF THE TOWN OF TIBURON AMENDING TITLE VI, CHAPTER 20 OF
THE MUNICIPAL TOWN CODE BY ENACTING SECTION 20-3: CONTROL OF DOGS
- LEASH REQUIREMENT.
MOTION: To approve adoption of the aforementioned Ordinance
No. 292 N.S.
Moved: Spratling, Seconded by Bergmann
Vote: AYES: Bergmann, Spratling, Smith
NOES: None
ABSENT: Coxhead, Stein
4 . RICHARDSON BAY SPECIAL AREA PLAN
a. Receive Planning Commission Recommendations
b. Amend Open Space Element
Planning Director Hanna reviewed the Staff report and stated he
had been advised by the Town Attorney that an ordinance was not
necesssary to amend the Open Space Element of the General Plan,
that it could be done by resolution. Mr. Hanna stated that the
Planning Commiss~on had requested additional information and
would review the item at their next meeting. Their final
recommendations would return to the Town Council on July 18, at
which time the Council could consider the resolution amending the
Open Space Element of the General Plan.
The Planning Director stated that the Planning Commission had
approved the Negative Declaration of Environmental Impact for the
amendment to the Open Space Element.
The Mayor opened the public hearing.
Beth Honig, Director of Richardson Bay Wildlife Sanctuary, on
behalf of the National and Marin Audubon Society, read a letter
to the Council urging adoption of the Plan.
TOWN COUNCIL MINUTES #662
July 5, 1984
Page 2
Ralph Melick, 640 Tiburon Boulevard, commended Council for clean-
up of the Richardson Bay shoreline by Marin Conservation Corps.
The Mayor closed the public hearing.
MOTION: To adopt the Negative Declaration of Environmental
Impact for the amendment to the Open Space Element.
Moved: Spratling, Seconded by Bergmann
Vote: AYES: Unanimous
ABSENT: Coxhead, Stein
Councilman Spratling asked~why the.Plan did not include a
recommendation to prohibit the discharge of grey water into the
Bay. Councilman Bergmann stated it was a compromise situation
since it would have required all boats to have two storage
tanks. Ms. McCart stated the Water Quality Control Board had
initially recommended grey water be included, however had
withdrawn this recommendation.
5. MARBELLA FINAL MAP (Planning Commission Recommendations _
Resolution
The Planning Director reviewed the Staff Report which recommended
approval of the Final Map recognizing the conditions of approval
of the Conditional Use Permit must be fulfilled.
Two letters had been received from Charlotte M. Jurs, 90 Lyford
Drive, and Russell P. Schneider, 90 Lyford Drive, expressing
concern regarding soils stability.
The Town Engineer noted a letter dated, May 24, 1984, had been
sent by the Deputy Town Engineer Strangaard to Stuber-Stroeh-
Associates, Inc., consulting engineers for the project, which
"recommended a permit be granted for the grading work on this
project including the construction of those retaining walls
necessary for the completion of the grading, and including the
drainage improvements, but not including any building structures
or their foundations, unless reviewed and approved by others".
The letter also stated "the responsibility for the adequacy and
safety of the improvements shall rest with the design engineers
and not with the Town of Tiburon or its staff".
In response to questions from Council, the Town Attorney stated
in his opinion no permits should be issued unless the retaining
wall requirements satisfy and are approved by the Town Engineer;
that the Town had an obligation to mitigate adverse impacts as
perce"ived by the Town Engineer.
Councilman Spratling stated the Council should abide by the
decision of the Town Engineer and stated that neither Mr. Bala's
firm nor the Council could transfer liability to the project
engineers simply by expressing the judgement that the project
engineer soils and engineering requirements were inadequat and
asserting that if the project engineers proceed it would be
therefore at their own risk without any liability on behalf of
the Town. Spratling sugested the Bala and Strangaard letter be
withdrawn.
Town Engineer Bala stated for the record that the letter dated
May 24, 1984 from Bala & Strangaard to Stuber-Stroeh Associates,
Inc. was withdrawn.
The Mayor opened the public hearing.
Dean Rhodes, professional engineer, but not associated with this
project, relatd another situation whereby the State had told the
County that if they changed design drawings, the County would be
liable. Councilman Spratling explained the Council was
increasing requirements, not changing the design.
TOWN COUNCIL MINUTES #662
July 5, 1984
Page 3
Council discussed strengthening the resolution and the following
paragraphs were added:
1. Prior to the issuance of a building permit, the Town Engineer
will review and approve the structual and soils engineering
requirements for the development to insure they are
structually adequate.
2. That the CC&R's required to be submitted and approved per
conditon No. 6 of the Tentative Map shall include a
stipulation that the maintenance of the fence and vegetation
height shall be no higher than.~ limit to be set by staff
prior to the recordation of the Final Map.
The words "by the Town Council" were added at the end of the NOW,
THEREFORE, clause.
The Mayor opened the public hearing.
MOTION: To adopt Resolution No. 2233, A RESOLUTION OF THE TOWN
COUNCIL APPROVING THE FINAL MAP FOR THE MARBELLA
CONDOMINIUM SUBDIVISION as amended.
Moved: Spratling, Seconded by Bergmann
Vote: AYES: Unanimous
ABSENT: Coxhead, Stein
6. CIBRIAN REQUEST TO AMEND BUILDING ENVELOPES (Planning
Commission Recommendations)
The Planning Director reviewed the Staff Report and stated the
Planning Commission had approved expanding the building envelopes
to include accessory buildings, none of which would encroach on
the potentially unstable soil areas identified in the EIR.
Councilmen Bergmann and Spratling expressed concern regarding the
possible invasion of privacy afforded by the large increase in
size of building envelope of Lot No.3.
The Mayor opened the public hearing.
Mr. Mangus, 4984 Ranch Road, stated he thought the Council should
consider comments of approximately 29 neighbors who had signed a
letter regarding the drainage of the project. Mr. Mangus'
concern was that the amount of concrete and roads for this
project would create further runoff into the existing drainage
areas which have not been changed.
There was considerable discussion regarding Condition No. 12 of
the Precise Plan approved in 1981; that the Town Enghineer had
approved drainage for the areas within the Town limits; the
County had approved drainage for areas in their jurisdiction
stating that the culverts were adequate; the Town was not
responsible for areas outside their jurisdiction; the increase in
storm activity which created flooding conditions since the
Precise Plan was approved.
Mr. Mangus stated he believed the drainage plan needed further
study.
Dean Rhodes, project engineer, stated that had received approvals
of the drainage plan for the project and there was nothing that
could be done within the project area; that there were conditions
that could be improbed downstream, but it was not a requirement
of the project. Mr. Rhodes suggested the residents could form an
assessment district to put in public or private facilities which
would improve their drainage, or if the substandard conditions
were in public areas they could seek help from the County to
correct the problem.
TOWN COUNCIL MINUTES #662
July 5, 1984
Page 4
Abbass Barzagar, developer, stated the original building
envelopes were created before the Town had a two tiered building
envelope system and the request to amend them was for flexibility
of development of accessory buildings which did not necessarily
increase the size of the single family house.
The Mayor closed the public hearing.
Discussion ensued regarding Lot Numbers 3 and 8. It was
determined Lot 8 was three acres and the amended building
envelope was satisfactory.
MOTION: To approve the recommndation of the Planning Commission
to modify the size of the building envelopes according
to first and second tiers on the exhibit before the
Council subject to the condition that the Planninbg
Directyor will make an appropriate reduction in size of
the northeast corner of building envelope No.3.
The Town Engineer suggestd that the Project Engineer should check
to make sure a larger house would not change the drainage plan.
Mr. Mangus stated he was trying to get someone to re-evaluate the
drainage plan and cause the developer and the Town to take the
consequences of the water runoff.
AMENDED MOTION: Provided the Town Engineer and the Project
Engineer recompute the drainage runoff from the Project
assuming maximum building size within the amended
building envelopes to see if it would change drainage
calculations and a determination by the Town Engineer
of adequacy regarding the drainage improvements that
have been installed.
In response to Mr. Mangus, Councilman Spratling stated if the
determination of adequacy was deficient, the application would
return to Council and the Council would decrease and modify the
size of the building envelopes.
Councilman Spratling stated he would prefer to leave it to the
discretion of the applicant or by requirement of the Town
Engineer, that the Council had to be assured that the increase in
the size of the building envelopes would not undercut the
safeguards imposed by the Town Engineer in 1981 regarding this
development.
Councilman Spratling stated the applicant either restricts the
size of the hard surface of the finished building envelope or the
Town Engineer and the applicant agree that even without such
restrictions the calculations performed in 1981 will still assure
adequate drainage for that development then the application can
proceed.
The Town Engineer stated he would check the report from Mr.
Rhodes and then write a letter to the Town Attorney stating the
results.
Moved:
Vote:
Spratling, Seconded by Bergmann
AYES: Unanimous
ABSENT: Coxhead, Stein
The Mayor announced that Council would adjourn at 11:30 p.m. and
continue any items not yet heard to the next meeting.
7. NEILL SMITH TENTATIVE MAP (Planning Commission
Recommendations - Resolution)
The Planning Director reviewed the Staff Report. Mr. Hanna
stated the proposed Resolution included the Planning Commission's
conditions. The applicant was proposing a septic tank system to
TOWN COUNCIL MINUTES #662
July 5, 1984
Page 5
be approved by the County until such time as the sewerage system
becomes available. The applicant was willing to post a bond
guaranteeing hook-up be made.
Councilman Spratling noted th proposed resolution did not include
the hook-up to Sanitary District 5 or posting of the bond.
The Mayor opened the public hearing.
Neill Smith, applicant, showed an aerial photograph of the
proposed development; reviewed hydrology, mitigation and
landscaping plans; siting of building envelopes.
The proposed resolution was amended to include: The applicant
shall post a performance bond in a form satisfactory to the Town
Attorney and in an amount and for a period of time satisfactory
to the Town Engineer to insure hook-up to Sanitary District No. 5
sewer system within six months of Sanitary system's availability.
The Mayor closed the public hearing.
Condition No.1, "of th final map" was added at the end of the
sentence.
MOTION: To appove Resolution No. 2234, A RESOLUTION OF THE TOWN
COUNCIL OF THE TOWN OF TIBURON APPROVING THE NEILL
SMITH, ACACIA COURT TENTATIVE MAP as amended.
Moved: Spratling, Seconded by Bergmann
Vote: AYES: Unanimous
ABSENT: Coxhead, Stein
8. REVIEW PERINI DRAFT EIR (Planning Commission Comments)
The Planning Director reviewed the Staff report. The Planning
Commission received input from the public on the Draft EIR. Two
of the Commissioners were concerned about the project itself and
were reluctant to forward the Draft EIR to the Council. Two
Commissioners approved the Draft EIR; three Commissioners were
absent. The subject before the Council was the adequacy of the
Draft EIR, not the project itself. Council was advised to hear
public testimony which would then be incorporated into the Final
EIR.
The Mayor opened the public hearing.
David Lovejoy, 102 Reed Ranch Road, presented a letter to the
Council addressing specific concerns which he felt showed the
inadequacy of the Draft EIR.
The Mayor pointed out that the Draft EIR and Final EIR were to
serve as documents to guide the Council.
Mr. Lovejoy specified Figure l6 did not depict the view of
Belvedere and San Francisco.
Jim Martin, Enviornmental Collaborative, Inc., who prepared the
Draft EIR agreed 'to retake photos from several areas.
Mr. Robert Ross, President of Reedland Woods Homeowners
Association, referred to his previously submitted letter which
expressed their concerns. He specifically questioned traffic
flow over Blackfield Drive on page 54; he suggested stop signs at
East Terrace and Reed Ranch Road; that the consultant should
provide alternate building techniques to minimize visual impact
and was also concerned about drainage problems created by the
development.
Mrs. Bruel, 57 Mercury Avenue, whose home had been flooded last
year, suggested drainage improvements should be done before
grading starts and the contractor post a bond for maintenance of
TOWN COUNCIL MINUTES #662
July 5, 1984
Page 6
the drainage he will install. She alkso noted Figure 3, views,
did not sho an impact on the view from her area.
Bill Hill, l4 Venus Court, referred to last paragraph on page 93,
stating the easement is through his property, and suggested the
line be continued down Trestle Glen Blvd. rather than through
Belveron Gardens; that he thought the proposal was inadeqwuate;
that the land behind their property should be straightened out;
that if fill were added, it would create more drainage problems.
Lynn Lozier, manager Ring Mountain Preserve, submitted written
comments, and read the letter for the record.
In response to Mr. Black, 54 Reed Ranch Road, Councilman
Spratling explained the Council was required by State law to
review EIRs for a project; that the Council has one year to
approve or deny the project or it automatically becomes approved;
that projects change dramatically based upon comments made by the
public during the EIR process.
Resident, Burrell court, requested view descriptions from his
area and Vis Capistrano looking back at the project.
Councilman Bergmann noted that there was no reference in the
Draft EIR to Tiburon's ridge definition and ridge policy. The
Planning Director stated he would give the consultant the wording
defining "ridge" as proposed in the Zoning Ordinance hich was in
the process of being adopted by the Town.
Bruce Ross, architect, stated the story poles were placed only
for scale reference points for the consultant.
Councilman Spratling stated that the purpose of the hearing was
to make every concern known as to whether the EIR addresses the
environmental concerns, but not to design the project; that the
Council was aware the visual impact was extremely important and
it would be scrutinized at the Precise Plan and Master Plan
stages of the project. He believed the Council would require
photo montages during that process.
Mrs. Margaret Kelly referred to "unavoidable visual impacts" on
page l5 and 16. Jim Martin explained it was used to give a
perspective.
The Town Engineer commended the drainage report which stated the
project would adversely effect Belveron drainage and the project
couldn't be approved until that is mitigated.
Ms. McCart stated she had submitted a written list of concerns on
behalf of Perini Corporation. She stated the project would be
redesigned so that it would not have a significant adverse impact
on the community.
MOTION:
Moved:
Vote:
To direct the consultant to prepare a Final EIR.
Spratling, Seconded by Bergmann
AYES: Unanimous
ABSENT:' Coxhead, Stein
9. REVIEW MOlTOZA LANE FINAL FOCUSED EIR (Planning Commission
Comments
The Planning Director reviewed the Staff report.
The Mayor opened the public hearing.
Cornelia Dal Bon, l6 Mar West, requested the EIR not be certified
until a title search is completed on the "Esperanza Trail", and
that her property not be used for drainage purposes.
Mayor Smith advised that questions of title are irrelevant to
TOWN COUNCIL MINUTES #662
July 5, 1984
Page 7
certification of the EIR.
Jim Martin, Environmental Collaboratives, Inc., stated they
recommended using existing drainage which is obvious from the
formatio of the ridge line that drainage would flow through Mrs.
Dal Bon's property.
Rufe Soule, developer, stated he would be glad to discuss any
problems with Mrs. Dal Bon, and requested Council's decision.
Council requested that Mrs. Dal Bon's letter become an addendum
to the Final EIR.
To approve the Final EIR.
Spratling, Seconded by Bergmann
AYES: Unanimous
ABSENT: Cox head , Stein
ITEMS 10, 11, 12, 14, 15, 17 and 18 were continued to July 18,
1984.
MOTION:
Moved:
Vote:
H. ADJOURNMENT
Being no further business of the Town Council
Tiburon, Mayor Smith adjourned the
die.
H, MAYOR
iburon
ATTEST:
TOWN COUNCIL MINUTES #662
July 5, 1984
Page 8
MINUTES
TOWN COUNCIL
CALL TO ORDER
Mayor Smith called the reguLar meeting of the Town Council of the
Town of Tiburon to order at 7:40 P. M., Wednesday, June 20, 1984,
in the Hilarita Community Room, 'I'iburon, California.
A. ROLL CALL
PRESENT: COUNCILMEMBERS: Spratling, Stein, Coxhead, Smith
ABSENT: COUNCILMEMBERS: Bergmann
EX-OFFICIO: Town Manager Kleinert, Planning
Director Hanna, Deputy Town Engineer
Strandgaard, Supt. of Public Works
Brunini, Chief of Police Bailey,
Director of Finance Nadritch,
Minutes Clerk Stultz
B. APPROVAL OF MINUTES
#658 of May 30, 1984
MOTION:
Moved:
Vote:
To approve Minutes #658 as presented
Coxhead, Seconded Stein
AYES: Stein, Coxhead, Smith
ABSTAIN: Spratling
ABSENT: Bergmann
#659 of June 6, 1984
J/
MOTION:
Moved:
Vote:
To approve Minutes #659 as presented
Spratling, Seconded by Coxhead
AYES: Unanimous
ABSENT: Bergmann
#660 of June ll, 1984
MOTION:
Moved:
Vote:
To approve Minutes #660 as presented
Spratling, Seconded by Coxhead
AYES: Unanimous
ABSENT: Bergmann
c.
APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES
There were none.
D. COMMISSION AND COMMITTEE ORAL REPORTS
There were none.
E. PUBLIC QUESTIONS AND COMMENTS
Resident Betty Yoder inquired as to the status of the multi-use
path repairs. Town Manager Kleinert responded that he has signed
a contract with a soils consultant who will provide an
investigation as to whether the path was installed to
specifications by the SASM contractor. This report should be
ready in approximately one month. The report will address the
corrective work needed and who should be responsible for
providing the work.
Councilman Coxhead, speaking on behalf of Don Batten, reported
that Mr. Batten's 20 minute video of the Centennial parade will
be shown on the Marin access station on July 3 at 9:30 and July 5
at 7:30.
TOWN COUNCIL MINUTES #661
JUNE 20, 1984
PAGE 1
Mr. Al Curtis, 14 Apollo Road, urged the Council to authorize
funds in the 1984-85 budget to make curb and gutter repairs in
front of his home and on those portions of the block which have
not been repaired.
F. CONSENT CALENDAR
Planning Director Hanna briefly reviewed what action Counci~
would be taking on Item No.3, 4 McCart Court, if they approved
the staff report on the Consent Ca~endar. He noted approva~
would authorize the Town Attorney to proceed with abatement
procedures if the Chans do ~ot remove the food preparation area
in the second unit within 30 days.
MOTION: To approve the consent calendar consisting of:
1. POLICE REPORT (May 1984)
2. TRAFFIC SAFETY RECO~illNDATIONS (June 1984)
3. 4 McCART COURT (Status Report)
4. SIGNING OF MULTI-USE PATH (Stencil "Keep Right"
Recommendation of Parks & Open Space Commission.
5. CLAIM AGAINST TOWN (SASM - Recommend Denial)
7. ZONING ORDINANCE REVISIONS (Approve Revised and
Updated Town Zoning Ordinance - Continued to
7/6/84)
Moved:
Vote:
Spratling, Seconded by Cox head
AYES: Unanimous
ABSENT: Bergmann
G. PUBLIC HEARINGS & BUSINESS ITEMS
6. ANIMAL CONTROL ORDINANCE AMENDMENT (Provide Leash Law
Provisions Along Multi-Use Path - Ordinance 1st Reading)
Finance Director Nadritch reported Council requested Staff to
prepare an ordinance that would require dogs to be on leash~s on
Town owned parks and along the multi-use path. Staff has
contacted the Humane Society and they will enforce the ordinance
consistent with their current staffing. The matter has been
before the Parks and Open Space Commission and they recommend
approval by the Council. Mr. Nadritch also recommended that
appropriate signing be authorized if the ordinance is adopted.
Councilman Spratling stated the phrase "a leash of sufficient
length" is misleading and requested it be amended to "a leash
sufficiently short", Council concurred with this amendment.
Mayor Smith opened the public hearing.
Mr. Rupert Jernigan, resident and president of the Marin County
Dog Training Club, reviewed the history of the Town's prior leash
law ordinance. He noted there is a problem with dogs running
free on the multi-use path and concurs that they should be on a
leash on the path. He recommended that wording be placed in the
ordinance requiring dogs to be on a leash at all times when on a
congested path way, park, pier or where people congregate. He
stated he disagrees with dogs not being able to run on Blackie's
Pasture or McKegney Green. He noted there is no place to run
your dog in the area. He also noted that an area in the South of
the Knoll was once designated as a dog run area and recommended
the Council designate and area where owners can run their dogs.
Betty Yoder, Parks and Open Space Commissioner, spoke in favor of
the proposed ordinance and agreed with Mr. Jernigan that there
should be an area designated where dogs can run.
Mrs. Adrianne Samuels spoke in favor of the leash ordinance and
also recommended that the public be educated that they are
endangering their animals by letting them run loose.
TOWN COUNCIL MINUTES #661
JUNE 20, 1984
PAGE 2
Mrs. Jernigan stated her strong support of dogs being leashed on
the bike path She stated signs will be important and should be
prominent if the ordinance is adopted.
Being no further comments, Mayor Smith closed the public hearing.
Councilman Stein stated she supports the ordinance but feels it
could be reworded to include the shoreline park and she
recommended exploring a location where dogs can run free.
Councilman Coxhead expressed his concern with dogs running on the
beach areas because the danger they present to the wildlife. He
recommended that South of tne Knoll be designated as an area
where dogs can run free, if not all the time, at least during
certain hours.
Councilman Spratling agreed a dog run area should be designated,
but it should be not be part of this ordinance. He proposed that
the Parks and Open Space Commission recommend an area and that
the Council adopt a policy statement to that effect. He
recommended proceeding with 1st reading of the Ordinance with the
understanding that an appropriate phrase will be inserted "after
the multi-use path and park areas" in the Ordinance that would
require dogs being on leash in certain areas of the Town, but not
limiting it just to park areas, i.e. commercial areas and areas
of public congregation.
MOTION:
Moved:
Vote:
To read by title only
Spratling, Seconded by Stein
AYES: Unanimous
ABSENT: Bergmann
Mayor Smith read "AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON AMENDING TITLE VI, CHAPTER 20 OF THE MUNICIPAL TOWN CODE
BY ENACTING SECTION 20-3: CONTROL OF DOGS - LEASH REQUIREMENT".
\
\
MOTION: To adopt first reading of the aforementioned Ordinance
with the understanding that Staff will come up with
language appropriate with Council's suggestions
Moved:
Vote:
Spratling, Seconded by Stein
AYES: Spratling, Stein, Smith
ABSTAIN: Coxhead
ABSENT: Bergmann
8. 1983-84 REVENUE SHARING PROGRAM (Fund Transfer)
Finance Director Nadritch reported this is the second public
hearing in regard to the transfer of $30,000 from the Town's
Revenue Sharing Fund to the General Fund for the purpose of
offsetting litigation costs.
Mayor Smith opened the public hearing. Being no comments, Mayor
Smith closed the public hearing.
MOTION:
Authorize the transfer of $30,000 in funds from Revenue
Sharing, to the General Fund
Spratling, Seconded by Cox head
AYES: Unanimous
ABSENT: Bergmann
9. TIBURON TOWN BUDGET (Adopt 1984-85 Municipal Budget)
Moved:
Vote:
Town Manager Kleinert provided Council with a recap of the
changes in the budget made during prior budget hearings. Manager
Kleinert reviewed the figures in the budget, noting adoption of
the budget would allocate $l,603,808 towards the operating
budget, $2,031,550 towards the capital improvement program,
$223,000 towards the open space acquisition program, and $92,200
towards the debt servicing program. The total budget for 1984-85
is $3,950,558 which does not include salary adjustments. Town
TOWN COUNCIL MINUTES #661
JUNE 20, 1984
PAGE 3
Manager Kleinert then reviewed the Town's investments, noting the
Town has a total investment program of $2.4 million. Of this,
$800,000 is restricted for Assessment Districts, $820,000 in the
Town's restricted fund, and $780,000 in the Town's General
Fund. The Town's conservative investments this past year have
had an average yield of 10.25%. The 1984-85 budget represents a
6.8% increase over this year's budget and provides essentially
for a balanced budget. Kleinert noted the increase is based upon
litigation costs, liability insurance, police officer step
increases, 7% PERS payment to police, purchase of 3 police
vehicles instead of 2, -contractual services and canine
supplies. Kleinert noted that a l% salary increase for all
employees would cost the Town $8,000.
Councilman Spratling noted that if it were not for the state
legislature reinstituing the motor vehicle in lieu fees
($150,000) the Town would be that much in the hole.
Mayor Smith recommended the Council take a look at the Financial
Advisory Committee's recommendation of selling surplus Town Open
Space and annexing the Cove shopping center.
Town Manager Kleinert then reviewed the Capital purchase needs of
the Town, which include a street sweeper, police teletype, copy
machine, records management system, communications system, $3,000
towards a portable burglar alarm and an air conditioner for the
police 911 system.
In regard to the street sweeper, Manager Kleinert recommended
funding the purchase ($70,000) on a three (3) year lease purchase
plan at 4-3/4%. The annual payments would therefore be
approximately $26,600 for a total cost of $79,800.
He also recommended authorizing $8,000 for police department
communications equipment that will be necessary to implement the
Countywide communication program (SEACAP) and replacing the
teletype equipment; $450 for an air conditioner for the 91l
computer, this expense is reimbursable from the State; $3,000 for
the joint purchase of a portable burglar alarm. Manager Kleinert
recommended deferring consideration of the purchase of a Town
Hall records management system, telephone system and in-house
computer system.
Councilman Coxhead recommended deferring authorization to
purchase the street sweeper and the portable burglar alarm until
after the outcome of the November election in regard to Jarvis
IV.
MOTION: To accept the Town Manager's recommendations and
authorize the following capital equipment purchases:
Police Department communications sytem
Police Department air conditioner
Joint purchase of portable burglar alarm
Street sweeper
Lease of a new copy machine
Moved: Spratling, Seconded by Stein
Vote: AYES: Unanimous
ABSENT: Bergmann
MOTION: To adopt the 1984-85 Town budget with the understanding
the Town Manager will consult with the Finance and Administration
Committee which will then make a recommendation to the ful1
Council regarding adjustments, if any, to the base salary ranges
of the Planning Department personnel and Department Heads.
Moved: Spratling, Seconded by Stein
Vote: AYES: Unanimous
ABSENT: Bergmann
TOWN COUNCIL MINUTES #661
JUNE 20, 1984
PAGE 4
H. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS
Town Manager Kleinert reported that Council received a claim this
evening from Hallenbeck and Associates applying for a leave to
file claim and file late c~aim. The Town Attorney has
recommended that Council deny this claim.
MOTION:
Moved:
Vote:
To deny the aforementioned claim
Spratling, Seconded by Stein
AYES: Spratling, Stein, Smith
~BSTAIN: Coxhead
ABSENT: Bergmann
Town Manager Kleinert reported he has executed the contract of
Agreement with Harlan, Miller and Tait for soils investigations
in regard to the marsh restoration program. Manager Kleinert
requested authorization to sign a contract with Wetlands
Associates, Inc. for consultation on as as needed basis.
MOTION:
Moved:
Vote:
Authorize the Town Manager to sign an agreement
with Wetlands Associates, Inc.
Smith, Seconded by Spratling
AYES: Unanimous
ABSENT: Bergmann
Councilman Coxhead stated he would like to see the Town receive
the marsh funds from Innisfree before entering into a contract
for consultation.
Council directed the Parks and Open Space Committee to find ~
chairman for Ayala Day 1984 which will be held on the third
Sunday in September.
Town Manager Kleinert reported the Town Engineer has received
$42,000 in TDA funds for the Stage IV multi-use path widening.
This project went to bid over a year ago and the low bidder,
Ghilotti Bros., has agreed to do the work at the original bid
price.
MOTION:
Moved:
Vote:
Award the contract for the Multi-Use Path Stage IV
improvements to Ghilotti Bros.
Spratling, Seconded by Smith
AYES: Unanimous
ABSENT: Bergmann
Council discussed and decided to adjourn this meeting to
Thursday, June 28, 1984 for an executive session at 7:30 and
business session at 8:00 PM for the purpose of considering the
Gilmartin Drive Assessment District.
I. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Smith adjourned the meeting at 10:15 PM, to
Thursday, June 28, 1984 at 7:30 PM in the event the Del Madera
Assessment District was prepared to continue their proceedings,
and if not, the meeting would adjour to Thursday, July 5, 1984.
TOWN COUNCIL MINUTES #661
JUNE 20, 1984
PAGE 5
MINUTES
TOWN COUNCIL
CALL TO ORDER
Mayor Smith called the adjourned meeting of the Town Council of
the Town of Tiburon to order at 7:45 P. M., Monday, June 11,
1984, in the Town Hall Conference Room, Tiburon, California.
A. ROLLCALL
PRESENT: COUNCILMEMBERS: Bergmann, Spratling, Coxhead, Stein,
Smith
ABSENT: COUNCILMEMBERS: None
EX-OFFICIO: Town Manager Kleinert, Town Engineer
Bala, Supt. of Public Works Brunini,
Chief of Police Bailey, Finance
Director Nadritch,
B. PUBLIC QUESTIONS AND COMMENTS
Stone Coxhead, as a private citizen, inquired as to the Chamber
of Commerce's placement of Ark Row signs on Tiburon Boulevard.
Supt. of Public Works Brunini replied that signs were illegally
and dangerously placed in front of essential traffic signs.
Mayor Smith directed Staff meet with the Chamber for full and
open discussions regarding accommodations to be made during
extensive Tiburon Boulevard reconstruction. Councilman Spratling
suggested that while he supports these discussions, no thought by
the Town be given to relaxed traffic enforcement along Main
Street.
Councilman Coxhead inquired of the Marsh restoration program and
the status of funds from the Innisfree Company's letter of
credit. Manager Kleinert commented that preliminary work in the
form of aerial mapping and soils analysis is now underway. The
Town must also obtain permits from the Army Corps of Engineers,
State Wetlands Commission, and permission from the Tiburon
Peninsula Club to use its lands for work efforts.
Councilman Spratling asked if proposed changes in the Point
Tiburon project as outlined in the Town Manager's memo to the
Town Council, would go before the appropriate Town bodies for
review. Manager Kleinert responded affirmatively as the proposed
changes appear significant, and the developer's representatives
have been so advised.
Town Manager Kleinert discussed the proposal to move the Council
Chambers to Room 15 at Reed School. Council voted not to
relocate, but continue to use the Hilarita Community Room as the
Council Chambers.
C. PUBLIC BEARINGS & BUSINESS ITEMS
1. 1984-85 PRELIMINARY TOWN BUDGET - CAPITAL IMPROVEMENT
PROGRAM
Town Manager Kleinert reviewed the proposed 1984-85 Capital
Improvement Program which consisted primarily of street
maintenance projects, Tiburon Boulevard Improvements, community
development projects and assessment district activities. He
noted the $22,000 appropriation for preliminary surveying and
engineering of drainage improvements for Belveron streets.
Charles Walters of the Tiburon Heritage Commission addressed the
TOWN COUNCIL MINUTES #660
June 11, 1984
Page 1
Council on the proposed repairs on the stone Tower. Council
discussed various funding options concerning the stone Tower, and
directed Staff to maintain the proposed budget funding. The
Heritage Commission should report back with an implementation
plan based upon the allotted funds.
Town Manager Kleinert mentioned recent passage of Proposition 18,
which would allow the Town to apply for grant funding for park
projects such as Blackie's Pasture. He also mentioned grant
funding of $47,000 from the Metropolitian Transportation
Commission for Stage V improvements of the Multi-Use Path, and
$52,000 for signalization o~ the Tiburon Bouelvard ano Lyford
Drive intersection from Urban Thoroughfare funds.
Councilman Spratling questioned paving of a parking lot behind
Town Hall in view of plans to build a new Town Hall. After
discussion Council deleted this item (II. 8.b.) from the budget.
After discussion concerning proposed rip-rap along South of the
Knoll shoreline, Council voted to delete this Item (II. 4).
2. REVIEW OF 1984-85 PRELIMINARY REDEVELOPMENT BUDGET
After brief discussion, Council directed Staff to prepare a list
of recommendations for the Town's participation in funding
proposed public improvements in the Point Tiburon project.
I. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Smith adjourned the meeting at 10:10 PM, Monday,
June 11, 1984, sine die.
TOWN COUNCIL MINUTES #660
June 11, 1984
Page 2
MINUTES
TOWN COUNCIL
CALL TO ORDER
Mayor Smith called the regular meeting of the Town Council of the
Town of Tiburon to order at 7:40 P. M., Wednesday, June 6, 1984,
in the Hilarita Community Room, Tiburon, California.
A. ROLL~_CALL
PRESENT: COUNCILMEMBERS: Spratling, Stein, Bergmann, Coxhead
Smith
ABSENT: COUNCILMEMBERS: None
EX-OFFICIO: Town Manager Kleinert, Planning
Director Hanna, Town Attorney Conn,
Town Engineer Bala, Supt. of Public
Works Brunini, Assistant Town Clerk
Hennessy
B. APPROVAL OF MINUTES
#656, May 16, 1984
Mayor Smith requested that the former BAR be consistently
referred to as the Design Review Board.
MOTION:
Moved:
Vote:
To approve Minutes #656 as amended.
Spratling, Seconded by Bergmann
AYES: Unanimous
#657, May 21, 1984
MOTION:
Moved:
Vote:
To approve Minutes #657 as submitted.
Bergmann, Seconded Coxhead
AYES: Unanimous
ABSTAIN: Spratling
c.
APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES
Mayor Smith formed the following Committees and appointed
Chairmen:
Open Space Survey Committee, to determine if the Town has surplus
open space property that has the potential of being sold to
generate money to support park maintenance. Councilman Coxhead
to Chair.
Town Hall Criteria Committee, to determine the needs which should
be met. Councilwoman Stein to Chair with other members of the
community.
New Town Hall Financing & Location, to be considered by the
Finance, Legal and Administration Committee, Mayor Smith and
Councilman Spratling.
Mayor Smith asked Staff to determine dates for workshops with the
Parks & Open Space Commission, Planning Commission and Design
Review Board.
D. COMMISSION AND COMMITTEE ORAL REPORTS
Tiburon Anniversary Committee (Status Report by Chairman Fanning)
Chairman Fanning commended former Mayor Bruce Ross and his
committee for the outstanding success of the picnic and parade.
TOWN COUNCIL MINUTES #659
June 6, 1984
Page 1
Chairman Fanning also commended the work of the Tiburon Police
Department during the parade and picnic on May 19. Mr. Fanning
stated the Jazz Festival would be held June 16, the Film Festival
on June 17, 18 and 19 and Pops Concert on June 23.
Mr. Fanning also stated that the Rotary Club had made a survey
last year of site locations for a Town Hall and/or community
center which they would be happy to provide the new committee.
He stated the Rotary Club had also set aside approximately
$20,000 to begin a building fund for such a hall/center.
E. PUBLIC ~QUESTIONS AND COMMENTS
Mr. W. C. Bondarenko addressed the Council regarding freedom of
speech.
F. CONSENT CALENDAR
Items 16, 17 and 18 were added to the Consent Calendar.
MOTION: To approve the Consent Calendar consisting of:
1. FINANCE REPORT (April 1984)
2. CLAIM AGAINST TOWN (BLPOA - Recommend Denial)
3. OFFICIAL TOWN ANNIVERSARY/CENTENNIAL SONG (Donahue Line -
Resolution No. 2225)
4. TIBURON FIRE DISTRICT VOLUNTEERS (Recognition of Community
Service - Resolution No. 2226)
5. RECLASSIFICATION OF POSITION (General Services Secretary to
Department Secretary)
6. EMPLOYER/EMPLOYEE RELATIONS (Adoption of Procedures -
Resolution No. 2227)
16. 1983-84 REVENUE SHARING PROGRAM (Fund Transfer)
17. NEILL SMITH TENTATIVE MAP (Resolution - To be continued to
June 20, 1984)
18. PARKS & OPEN SPACE COMMISSION (Report and Recommendations)
Moved: Spratling, Seconded by Bergmann
Vote: AYES: Unanimous
Mayor Smith presented a framed resolution to Tiburon Fire
District Volunteers: Luigi Baker, Gary Morgan, Jeff Buscher and
Steve Lynch and commended them for their services.
G. PUBLIC HEARINGS & BUSINESS ITEMS
7 . INTERARTS OF MARIN'S SCULPTURE FOR SOUTH OF THE KNOLL
(Consider Recommendations by Fine Arts, Parks & Open Space,
Planning Commission and Design Review Board)
Ted Carter, Chairman Fine Arts Commission, reviewed the proposal
which had previously been considered by Council, and stated the
Fine Arts Commission, Design Review Board and Parks & Open Space
Commission had unanimously approved accepting the donation of the
four pieces of sculpture from InterArts of Marin.
The Mayor opened'the public hearing.
Genny Chapman, Ralph Malinech, Joyce Tayer, Joan Murphy, Mary
Falk, Charles and Marjorie Koehler were in favor of the sculpture
and location.
Gene Marans and Louise Mirata voiced concern regarding the
location and graffitti problems.
Julianne Frizzell, artist, responded to questions from the
audience.
The Mayor closed the public hearing.
TOWN COUNCIL MINUTES #659
June 6, 1984
Page 2
Councilmen Spratling and Bergmann expressed their concerns that
the artwork was not appropriate for the area and preferred to
keep the area in a more natural state. Both Councilmembers
expressed appreciation to InterArts for their offer to donate the
artwork.
MOTION: To accept the proposed sculpture for the designated
location at South of the Knoll on the condition that the
sculpture become the property of the Town of Tiburon.
Moved: Coxhead, Seconded by Smith
Vote: AYES: Stein, Coxhead, Smith
NOES: Spratling, Bergmann
8. HILLCREST PREZONING FOR ANNEXATION
Council waived the Staff report.
The Mayor opened the public hearing. There being no comment, the
Mayor closed the public hearing.
MOTION:
Moved:
Vote:
To read by title only.
Spratling, Seconded by Bergmann
AYES: Unanimous
The Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON PREZONING TO AN R-l (SINGLE FAMILY RESIDENTIAL) ZONING
DISTRICT CERTAIN PROPERTY LOCATED ON HILLCREST DRIVE, TIBURON.
MOTION: To approve second reading and adoption of the
aforementioned Ordinance No. 290 N.S.
9. GILMARTIN DRIVE/DEL MADERA FINAL MAP (Resolution)
The Planning Director reviewed the Staff report.
The Mayor opened the public hearing.
Martha McCart, representing the owner, requested a decision
regarding the proposed payment of $275,000 for in-lieu fees for
housing. There was general discussion regarding the
possibilities of using the optimal methods of payment so that the
money could be leveraged and ultimately provide additional money
for the Town's housing needs.
Councilman Spratling suggested an additional condition for the
resolution, i.e., "Applicant shall post an irrevocable letter of
credit in the amount of $275,000 to guarantee payment of low
income housing fees while applicant and Town pursue alternate
methods".
Ms. McCart suggested a consultant be retained for specific
recommendations of how the money would be handled. Ms. McCart
also stated she had other clients who were interested in an
alternate method of paying these fees which would be to
everyone's advantage.
In response to Councilman Coxhead, Ms. McCart stated the Town
would accrue interest from the date of recordation on the letters
of credit.
Council discussion ensued regarding a set interest rate, a
floating interest rate and/or prime rate.
Councilman Coxhead expressed concern that the Town was not
protected against problems that might occur with the Bank of the
Orient, and stated he had never received the financial report he
had requested.
The Mayor closed the public hearing.
TOWN COUNCIL MINUTES #659
June 6, 1984
Page 3
Moved:
Vote:
To adopt the resolution proposed by Staff with the
proposed addition to condition No. 1 which reads "The
Agreement shall provide for final approval by the Town
Council of the landscaping and public improvements at
the present terminus of Roundhill Road and all trail
connections on open space property". Condition No.2
would remain the same. Deleting existing Condition No.
3 and the following condition inserted: "Applicant
shall post an irrevocable letter of credit in the amount
of $275,000 bearing interest at the average rate of
return for the Town's other investments during the term
of the letter of credit to, guarantee payment of in-lieu
fees while the applicant and the Town explore low and
moderate income housing alternatives.
Spratling, Seconded by Bergmann
AYES: Spratling, Stein, Bergmann, Smith
NOES: Coxhead
MOTION:
Item 10 was postponed for a few minutes and the Council
considered Item 11.
11. RICHARDSON BAY SPECIAL AREA STUDY (Initial Presentation and
Implementation Schedule)
The Planning Director stated the study had been completed and
adopted by the Special Area Study Committee and was being
presented to the local jurisdictions for approval. The Study is
to be referred to the Planning Commission and returned to the
Town Council in July. The Plan would require modification of the
Open Space Element of the Town's General Plan.
The Mayor opened the public hearing.
Supervisor Al Aramburu stated the Study was before the four local
jurisdictions (Tiburon, Belvedere, Mill Valley and Sausalito),
Marin County and BCDC. Supervisor Aramburu stated the Study
defines specific uses and proscribes uses not allowed in
Richardson Bay. There had been l3 public hearings over a two
year period.
Councilman Spratling stated he strongly supported the concept,
and recommended some areas could be stronger, such as changing
the wording from "should" to "shall". In response to Councilman
Coxhead, Supervisor Aramburu stated the Water Quality Control
District had changed their mind and determined that "grey water"
was not detrimental to fish.
The Council congratulated Supervisor Aramburu on his re-election,
and he thanked them for their support.
10. GILMARTIN DRIVE ASSESSMENT DISTRICT NO. 84-1
Town Manager Kleinert reviewed the background of this
application. He informed Council that the low bidder, Fanfa-
Mulloy, Inc., was $191,547.40 over the Engineer's estimate. Bank
of the Orient has agreed to assume the total additional cost.
The Town Manager stated he had received a Consent To Increased
Assessment and Waiver of Notice and Hearing from Bank of the
Orient, as well as an amended Engineer's Report.
The Mayor opened the public hearing.
Ed Ness, counsel for the assessment district, reviewed the
resolutions to be considered by Council.
There being no public comment, the Mayor closed the public
hearing.
TOWN COUNCIL MINUTES #659
June 6, 1984
Page 4
MOTION:
Moved:
Vote:
MOTION:
Moved:
Vote:
MOTION:
Moved:
Vote:
To adopt Resolution No. 2229, A RESOLUTION OF THE TOWN
COUNCIL OF THE TOWN OF TIBURON OVERRULING PROTESTS
Spratling, Seconded by Bergmann
AYES: Unanimous
To adopt Resolution No. 2230, A RESOLUTION OF THE TOWN
COUNCIL OF THE TOWN OF TIBURON AMENDING RESOLUTION OF
INTENTION NO. 2214
Bergmann, Seconded by Stein
AYES: Unanimous
To adopt Resolution No. 2231, A RESOLUTION O;F THE TOWN
COUNCIL OF THE TOWN OF TIBURON APPROVING REPORT AND
ASSESSMENT AND ORDERING IMPROVEMENT
Spratling, Seconded by Bergmann
AYES: Spratling, Stein, Bergmann, Smith
NOES: None
ABSTAIN: Coxhead
Council took Item No. 14 next in deference to people in
attendance.
14. SAN RAFAEL AVENUE SIGNALIZATION (Report of Planning
Commission and Parks & Open Space Commission)
The Planning Director reviewed CAL/TRANS map depicting their
proposal for signalization and realignment of the Multi-use Path
at the intersection of San Rafael Avenue and Tiburon Boulevard.
The affect of the proposed stripping would deny access to
specific parcels and McAnnan Court which would force these
residents to proceed beyond their destination in order to get
into their driveways.
The Planning Commission, Design Review Board and Parks & Open
Space Commission preferred keeping the current alignment of the
Multi-use Path. These Commissions and Board also suggested that
landscaping and beautification be considered.
The Town Engineer suggested that CAL/TRANS be requested to
reconsider their proposal and provide alternate methods. Mr.
Bala agreed that the signalization and pedestrian crossing be
kept in one area. The Town Engineer pointed out that the current
alignment of the Multi-use Path is not part of the State highway.
Charles Laughlin, Francis Haber, Mary Poole, residents of the
affected area expressed their concerns to the Council.
Discussion ensued regarding: making the right hand turn a slow
sharp turn, permitting U-turns, 3-way stop signs, and slowing
traffic around the curve near the residents' homes.
Councilman Spratling stated funding comes from the Tiburon
Boulevard Improvement Fund which was established to insure the
level of traffic services and provide controlled traffic from
downtown Tiburon to the freeway.
The Town Engineer requested the residents to put their concerns
in writing so he could present a list to CAL/TRANS for their
consideration.
MOTION: To request the Town Engineer to put our requests in
writing to CAL/TRANS to study two alternaitves: one
leaving the bike path in its current alignment and
another alternative to move the path into a common area
of interface between pedestrian and vehicular traffic.
Both alternatives be presented to the Town and each
alternative incorporate a stop signal, not a stop sign,
and that consideration be given in each alternative to a
safe entry and exit to the existing driveways on Tiburon
Boulevard.
TOWN COUNCIL MINUTES #659
June 6, 1984
Page 5
Moved:
Vote:
Spratling, Seconded Bergmann
AYES: Unanimous
12. MERGER ORDINANCE (Modifications to Provide Compliance with
Stae Law - Ordinance, 2nd Reading)
Council waived the Staff report.
The Mayor opened the public hearing. There being no comment, the
Mayor closed the public hearing.
MOTION:
Moved:
Vote:
To read by title only.
Spratling, Seconded by Bergmann
AYES: Unanimous
The Mayor read AN ORDINANCE OF THE TOWN OF TIBURON AMENDING
SECTION 14-72 OF THE TIBURON TOWN CODE PERTAINING TO MERGER OF
CONTIGUOUS PARCELS.
MOTION:
Moved:
Vote:
To adopt the aforementioned Ordinance No. 291 N.S.
Spratling, Seconded by Bergmann
AYES: Spratling, Stein, Bergmann, Coxhead, Smith
NOES: None
13. ZONING ORDINANCE REVISIONS (Approve Revised and Updated Town
Zoning Ordinance - Ordinance, 1st Reading)
The Planning Director stated that the Council would consider
first reading again since the public notice had been reworded in
order to avoid publishing the entire Zoning Ordinance.
Planning Director Hanna introduced a letter received this date
from Mr. Don Paul requesting that "bed and breakfast" businesses
be allowed in the R-2 district. Mr. Hanna stated the Planning
Commission and Council had previously reviewed this consideration
and determined the R-2 to be too overcrowded for this type of
business.
The Mayor opened the public hearing.
Mr. Paul stated he was unaware that his request had been
previously considered by the Council while reviewing the Zoning
Ordinance, and asked how his request should be handled.
Councilman Spratling stated it would be grossly unfair to
consider his request without the homeowner associations being
notified, and he suggested Mr. Paul make a specific request to
the Town Manager to place the item on the agenda and request an
amendment to the Zoning Ordinance after the item has been heard
by the Planning Commission.
MOTION:
Moved:
Vote:
To read by title only.
Spratling, Seconded by Bergmann
AYES: Unanimous
The Mayor read AN ORDINANCE OF THE TOWN COUCIL OF THE TOWN OF
TIBURON AMENDING ORDINANCE NO.9 N.S., THE ZONING ORDINANCE.
MOTION:
Moved:
Vote:
To approve first reading of the aforementioned
ordinance.
Spratling, Seconded by Bergmann
AYES: Spratling, Stein, Bergmann, Coxhead, Smith
NOES: None
TOWN COUNCIL MINUTES #659
June 6, 1984
Page 6
15. ANGEL ISLAND STATE PARK GENERAL PLAN AMENDMENT (Consider
Report and Recommendations by D. Rockey)
Councilman Coxhead stated he felt the impacts as a result of
increased traffic and parking must be addressed and the Council
should consider amendments to the General Plan as necessary. He
commended the Town Manager for the letter he wrote to Senator
Milton Marks, and he aSked that the Council be notified of any
public hearings being held regarding Angel Island.
The Town Manager indicated that Senator Marks had withdrawn his
proposed legislation, SB 22~7.
H. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS
DESIGN REVIEW BOARD APPOINTMENT
The Town Manager stated Mr. William Moorhouse, applicant for a
position on the Design Review Board, had notified him there was a
six month conflict of certain meeting dates between the Board
meetings and his tenure on the Tiburon Peninsula Club, but he
would like to serve the Town.
Mayor Smith, with the Council concurrence, appointed Mr.
Moorhouse to serve on the Design Review Board effective July 1.
MARIN COUNTY TRANSIT DISTRICT
The Town Manager referred to a letter from the Marin County
Transit District requesting the reactivation of the MCCMC Transit
Task Force, and reviewed items to be studied within the next
year.
Councilman Bergmann suggested the Council await the 101 Corridor
Study report which would address the issues raised in Mr. Skaff's
letter. Council agreed that they supported the concept of
improving transit in Marin County, but they would like to await
the results of the 101 Corridor Study.
I. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Smith adjourned the meeting at 10:45 P.M., to
Monday, June 11, 1984 to continue review of 1984-85 preliminary
Town Budget.
TOWN COUNCIL MINUTES #659
June 6, 1984
Page 7
MINUTES
TOWN COUNCIL
CALL TO ORDER
Mayor Smith called the adjourned meeting of the Town Council of
the Town of Tiburon to order at 7:40 P. M., Wednesday, May 30,
1984, in the Hilarita Community Room, Tiburon, California.
A. ROLL CALL
PRESENT: COUNCILMEMBERS: Stein, Coxhead, Smith
ABSENT: COUNCILMEMBERS: Bergmann, Spratling
EX-OFFICIO: Town Manager Kleinert, Planning
Director Hanna, Supt. of Public Works
Brunini, Chief of Police Bailey,
Finance Director Nadritch,
B. PUBLIC QUESTIONS AND COMMENTS
Mr. W. C. Bonarenko, addressed the Council on the matter of
freedom of speech in America and the false imprisonment of Sandra
Siegel. Mayor Smith informed Mr. Bonarenko that the Council
confines itself to local issues concerning Tiburon only.
c. PUBLIC BEARINGS & BUSINESS ITEMS
1. REVIEW OF PRELIMINARY 1984-85 TOWN MUNICIPAL BUDGET
Town Manager Kleinert gave a brief overview of the 1984-85 Budget
synopsis. Finance Director Nadritch began the Departmental
Budget review by discussing the Town Council Department. Council
suggested commentary in this Department include mention of the
Tiburon Heritage Commission appropriations being incorporated
into the Town Council's Department.
Finance Director Nadritch reviewed the Town Attorney Department
noting that extraordinary litigation costs are difficult to
estimate each year. Councilman Coxhead inquired of the Town's
membership in the Joint Powers Authority and questioned the
status of the buffer funds.
Finance Director Nadritch then reviewed the Town Manager's
Department noting the appropriation in some of the larger
materials and operations line times, such as, contractual
services, contingency, and liability insurance.
Planning Director Hanna reviewed the Planning and Building
Department, noting that the Assistant Planner position within the
line item contractual services is essential. Town Manager
Kleinert noted that Council should make a policy decision
concerning the level of service the Town provides for Design
Review Board ma€ters. This would determine the level of Staffing
required and whether it would be more desirable to have a
regular, full-time position or contractual. Council recommended
the position remain on a contractual basis, and the matter
considered at a future workshop of the Council and the Design
Review Board. He also noted that major building projects will
wind down in the near future, and planning activity would then
decrease.
Chief of Police Bailey then reviewed the Police Department
budgetary requests. Town Manager Kleinert explained differences
in the Manager's recommendations concerning the many line items.
TOWN COUNCIL MINUTES #658
May 30, 1984
Page 1
Finance Director Nadritch then reviewed the Public Works
Department and Parks and Open Space Deprtment, noting that the
discussion of major capital purchases will be deferred to a later
date.
D. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS
Council authorized funding for aerial photography of the downtown
freshwater marsh as part of the Capital Improvement Program to
restore it.
The Town Manager indicated~that Innisfree had requested the
Town's consideration of a modification to the Plaza area which
consisted of utilizing a combination of exposed aggregate and
brick, rather than having brick in the entire area. The Town
Council was reluctant to approve any proposed changes which were
of a design nature, and more importantly, which would possibly
cause delays in the Downtown Tiburon Bouelvard Improvements
project.
I. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Smith adjourned the meeting at 10:30 P.M., sine
die.
TOWN COUNCIL MINUTES #658
May 30, 1984
Page 2
MINUTES
TOWN COUNCIL
CALL TO ORDER
Mayor Smith called the adjourned meeting of the Town Council of
the Town of Tiburon to-order at 7:45 P. M., Monday, May 21, 1984,
in the Hilarita Community Room, Tiburon, California.
A. ROLL CALL
PRESENT: COUNCILMEMBERS: Stein, Bergmann, Coxhead, Smith
ABSENT: COUNCILMEMBERS: Spratling
EX-OFFICIO: Town Manager Kleinert, Planning
Director Hanna, Supt. of Public Works
Brunini, Chief of Police Bailey,
Finance Director Nadritch
B. PUBLIC QUESTIONS AND COMMENTS
There were none.
C. PUBLIC HEARINGS & BUSINESS ITEMS
1. PRESENTATION AND OVERVIEW OF 1984-85 PRELIMINARY TOWN BUDGET
Town Manager Kleinert reviewed the proposed 1984-85 budget
program, its basic goals, Objectives and policy concerns. He
discussed the estimated revenues, operating expenditures and
Capital Imorovement appropriations for next fiscal year.
Councilman Bergmann inquired whether the Town received fees from
the various organized athletic programs on McKegney Green, and if
these revenues were then applied to the Town's maintenance of
McKegney Green. She was advised the Joint Recreation Committee
receives "user's fees", however, they are transferred to the
Town's General Fund for maintenance.
Councilman Coxhead inquired why parking fine revenue was less
than last year's receipts, and Chief Bailey responded that
business activity in the downtown area is down generally, and
illegal parking is consequently reduced.
Town Manager Kleinert summarized the budget recommendations and
certain policy decisions the Town Council must consider prior to
adoption of the budget.
Finance Director Nadritch reviewed the 1984-85 summary concerning
general fund revenues, restricted revenues, estimated fund
balances and the, employee schedule of positions.
Council expressed strong concern regarding The Innisfree
Companies' letters of credit related to the Point Tiburon
project. Council directed the Town Manager to discuss the matter
with the Town Attorney and call the letters of credit whenever
the Town can legally do so.
\
TOWN COUNCIL MINUTES #657
May 21, 1984
Page 1
D. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS
There were none.
E. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Smith adjourned the meeting at 10:00 P.M., to 7:30
P.M., Wednesday, May 30, 1984 for continued public hearing of the
1984-85 Town Budget.
TOWN COUNCIL MINUTES #657
May 21, 1984
Page 2
MINUTES
TOWN COUNCIL
CALL TO ORDER
Mayor Smith called the regular meeting of the Town Council of the
Town of Tiburon to order at 7:40 P. M., Wednesday, May 16, 1984,
in the Hilarita Community Room, Tiburon, California.
A. ROLL -CALL
PRESENT: COUNCILMEMBERS: Spratling, Stein, Bergmann, Coxhead,
Smith
ABSENT: COUNCILMEMBERS: None
EX-OFFICIO: Town Manager Kleinert, Planning
Director Hanna, Deputy Town Attorney
Ragghianti, Town Engineer Bala, Supt.
of Public Works Brunini, Chief of
Police Bailey, Assistant Town Clerk
Hennessy
B. APPROVAL OF MINUTES
#655, May 2, 1984
MOTION:
Moved:
Vote:
To approve as submitted.
Bergmann, Seconded Coxhead
AYES: Unanimous
ABSTAIN: Spratling
C.
APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES
There were none.
D. PUBLIC QUESTIONS AND COMMENTS
TIBURON ANNIVERSARY/CENTENNIAL CELEBRATION OFFICIAL SONG
(Marie Woodward and Group)
Marin Woodward, Program Chairman of the Pops Concert for the
Belvedere/Tiburon Landmark's Society, introduced a song named the
Donahue Line to be a candidate as the official Centennial Song
and it was sung by the Mayflower Chorus.
1'-10TION:
Moved:
Vote:
To adopt the Donahue Line as the official song and
return it to Council incorporated in a Resolution.
Spratling, Seconded by Bergmann
AYES: Unanimous
E. COMMISS ION AND COMMITTEE ORAL REPORTS
FINE ARTS COMMISSION (Consideration of InterArts of Marin's
Proposed Sculpture for South of the Knoll Area)
Planning Director Hanna reviewed the Staff Report. The Parks and
Open Space Commission had given a favorable approval subject to
some conditions. Ted Carter, Chairman of the Fine Arts
Commission, Susan Madias, Director of InterArts and Julianne
Frizzell, artist, were present. Councilman Bergmann expressed
concern that the selection was not appropriate for the open space
park area. Councilman Stein expressed concern that it wasn't
visible to a sufficient number of people in the selected
location. Councilman Spratling agreed that the propoal was
inappropriate and felt the texture and material was incongruous
to that particular park. All were appreciative of the generosity
of InterArts. Mayor Smith stated he liked the idea of a manmade
TOWN COUNCIL MINUTES #656
May 16, 1984
Page 1
sculpture in that area and favored the recommendations of the
Fine Arts Commission and Parks & Open Space Commission.
Councilman Coxhead agreed with Mayor Smith and Councilman Stein,
but had other concerns. He suggested the item be agendized as a
public hearing and all homeowner associations as well as
residents who would view the sculpture from their homes be
notified of the public hearing. Council referred the item to the
Board of Design Review for their recommendation and agendized the
item for Council's June 6, 1984 meeting.
COUNCIL COMMITTEE REPORT ON MEETING WITH SASM BOARD OF DIRECTORS
(Councilm~n Spratling)
Councilman Spratling reported that the Committee and SASM had
agreed to hire a third party soils engineer to: (a) determine
present conditions of the multi-use path, whether it was suitable
or not, (b) to determine by soils samples whose responsibility
the current condition was, and (c) proposed formula as to the
responsiblity of Tibur0n and SASM with respect to repairs.
F. CONSENT CALENDAR
MOTION: To approve the Consent Calendar consisting of:
1. POLICE REPORT (April 1984)
2. 1983 OVERLAY AND SUBDRAINAGE PROJECTS (Acceptance by Town _
Resolution)
3. CLAIM AGAINST TOWN (Hallenbeck & Associates - Recommend
Denial)
G. PUBLIC HEARINGS & BUSINESS ITEMS
4. HILLCREST PREZONING FOR ANNEXATION AND NEGATIVE DECLARATION
(Ordinance, 1st Reading)
Planning Director reviewed the Staff Report. The Planning
Commission and Staff recommended prezoning and determining
negative declaration of the environmental impact.
The Mayor opened the public hearing.
Deputy Town Attorney Ragghianti stated adoption of the prezoning
ordinance did not indicate the area is being annexed.
Chris Hatcher, 12 Hillcrest, opposed the annexation and stated
there was a 50-50 split amongst the residents.
Town Manager Kleinert stated Town policy was not to pursue
annexation but to be responsive when an interest was indicated.
The Town had received a petition and had been told it was the
majority of homeowners who preferred annexation. The Town
Manager stated that unless there was a concensus, the Town should
not pursue annexation.
Mrs. Coughlin opposed the annexation. Mrs. Jean Smith, l6
Hillcrest, supported annexation. Mr. Wilkinson, 4365 Paradise
Drive, opposed annexation. Ms. Kirstin Smith, l6 Hillcrest,
supported annexation. Mr. Roger, 14 Hillcrest, supported
annexation. Mr. Mark Pressman, 19 Hillcrest, essentially
supported annexation but under the circumstances of the split in
the neighborhood, he suggested there be no annexation at this
time.
Mayor Smith suggested those residents in favor of annexation try
to carve out a geographical and contiguous area to be annexed.
Councilman Spratling stated the Town has a responsibility to
respond when presented with a petition showing 50% of the
residents in favor of annexation and notice the hearings. He
supported Mayor Smith's suggestion that those in favor create a
new boundary area.
TOWN COUNCIL MINUTES #656
May 16, 1984
Page 2
MOTION:
Moved:
Vote:
To adopt the negative declaration with respect to
ordinance proposed by Staff and pass first reading.
Spratling, Seconded by Stein
AYES: Unanimous
MOTION:
Moved:
Vote:
To read by title only.
Spratling, Seconded by Stein
AYES: Unanimous
The Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE 'I'OWN OF
TIBURON PREZONING TO AN R-l (SINGLE FAMILY RESIDENTIAL) ZONING
DISTRICT CERTAIN PROPERTY IiOCATED ON HILLCREST DRIVE, TIBURON
MOTION:
Moved:
Vote:
To pass first reading of the aforementioned ordinance.
Spratling, Seconded by Bergmann
AYES: Spratling, Stein, Bergmann, Coxhead, Smith
NOES: None
ITEM 5 WAS CONTINUED UNTIL APPLICANT'S ATTORNEY ARRIVED
6. APPEAL OF PLANNING COMMISSION DENIAL OF SECOND UNIT (Chan
Residence, 4 McCart Court)
The Planning Director reviewed the Staff Report which indicated
the Planning Commission denied the application for a Conditional
Use Permit to allow legalization of an existing second unit on
the basis that the residents were not the recorded owner of
record; parking congestion on McCart Court and objections of
privacy invasion and noise of the other residents on McCart
Court. Staff recommended Council uphold the Planning Commission
denial for a Conditional Use Permit for a second unit.
Mr. James Murray, represented the residents of 4 McCart Court,
Norman and Sylvia Chan. He presented the Council with a copy of
a Trust Agreement, dated August 22, 1978, which indicated Robert
Chan was trustee and Norman Chan beneficiary in trust for their
two daughters. Mr. Murray contended Norman Chan should be
considered the owner in residence in essence since he made the
first payment and paid the taxes on the property. Mr. Murray
also contended parking problems were created by other neighbors
on the cul-de-sac and not the Chans nor their tenants. He also
disagreed there was a noise problem.
In response to Mayor Smith, Planning Director Hanna stated the
abatement action had been in abeyance until this application was
resolved.
William Bullard, representing Mr. and Mrs. Douglas Mitchell, who
reside at One McCart Court, protested the application on the
basis the applicants were not the owner of record, that there was
a history of parking problems and there is a noise and privacy
invasion problem. Mr. Bullard stated there have been innumerable
tenants, poor maintenance of the property and a resultant
diminution of property values. Mr. Bullard urged the Council to
sustain the decision and findings of the Planning Commission and
deny the application.
Councilman Spratling entered into the record a declaration dated
November 18, 1982 in Wilson Ti, et al vs. Robert Chan which was
submitted by Mr. Bullard as evidence that Mr. Robert Chan was
owner of the property, as well as the Trust Agreement dated
August 22, 1978.
Mr. Jeff Biasso, resident of 4 McCart Court, stated as a tenant
he had tried to cooperate with the Mitchells and that there were
no parking, noise or privacy problems.
The Mayor closed the public hearing.
TOWN COUNCIL MINUTES #656
May 16, 1984
Page 3
Councilman Coxhead stated the ordinance specifically states
"owner of record" as it appears in the County offices.
Councilman Spratling agreed it was the intention of the Council
to have a way of verifying who the owner was and the County
records were chosen to avoid any dispute. He also stated he
could not make finding E.(5) of the Zoning Ordinance; that the
Council must judge the impact on other facilities.
MOTION:
To uphold the action of the Planning Commission in
denying the application for a Conditional Use Permit for
4 McCart Court - Resolution 2219
$tein, Seconded by Bergmann
AYES: Unanimous
Moved:
Vote:
Council directed the Planning Director to report to Council on
June 20 whether the Chants have removed elements of structure of
second unit and if not authorize Town Attorney to issue abatement
proceedings.
5. APPEAL DESIGN REVIEW BOARD DENIAL OF VARIANCE
(Moriguchi, 3616 Paradise Drive)
The Planning Director reviewed the lengthy Staff Report.
Appellants listed six Items in their appeal. The Staff Report
responded to Items 3 through 6. Items 1 and 2 were the subject
of a new survey commissioned on April 13, 1984, after the Board
of Design meeting, which the appellants felt demonstrated that a
variance would be required for the retaining walls.
The Mayor requested each side limit their presentation and
response to one-half hour.
The Mayor opened the public hearing.
Mr. Hecker, representing the appellants, quoted from the Council
minutes of August 17, 1983, which placed a condition, i.e.,
"subject to the Board making findings on the retaining wall in
question regarding whether its height requires a variance, and if
so, subject to the Board making the required findings to approve
such a variance"~Mr. Hecker requested the Council to consider
their new survey which he felt showed the need for a variance and
return this application to the Board of Design Review to make
such variance findings. He also pointed out that the owner of
the property, Mr. Robinson, would have to sign the application
for a variance since the proposed retaining walls would be
located on his property.
Mr. Dolman compared the various maps to demonstrate the
discrepancies in the surveys and requested that Council up-hold
the appeal.
Mr. Robinson stated the survey had been prepared in order to
prove a variance was required.
Mr. Stephen Fraser, attorney and Mr. Richard Hanlen, architect
representing the Moriguchis also reviewed the various site maps
to demonstrate their survey was accurate, and a variance was not
required. Mr. Moriguchi stated they were not excavating the
area, but trying to buttress the slope; that Robinsons property
was already sliding onto his property. Mr. Fraser stated that
there were discrepancies in the several surveys they had
commissioned, but they were using the elevation as shown in the
survey recorded at Marin County in 1970.
The Mayor closed the public hearing.
TOWN COUNCIL MINUTES #656
May 16, 1984
Page 4
Town Engineer Bala stated the property could be staked out to
indicate the retaining walls; BCDC would not consider their
application until they have approval from the Town; that he could
not determine if the retaining walls would be adequate for the
driveway until BCDC determines how far into the water they wou~d
allow them to start construction; that he would need final
drawings.
Councilman Coxhead stated the Design Review Board had placed 13
conditions related to this application, one of which was that it
meets all of the requirements of the Town Engineer. As a former
member of the Board, he stated the Town has been concerned about
the safety to the property owners in the area and also concerned
about aesthetics which prompted them to recommend 3' retaining
walls. He stated he was not surprised in the discrepancies of
the surveys due to the heavy rains and landslides on the
peninsula in recent years. Councilman Coxhead stated that
according to the Zoning Ordinance the basis for determining a
variance goes back to the natural grade on January 1, 1972 and he
didn't think anyone could tell the Council what the grade was on
that date; he felt the decision of the Board was based on
reasonableness in reviewing the surveys, including the soils
survey and he felt the Council should uphold the Board's decision
and go along with the Planning Director's recommendation for the
additional bonding, keeping in mind the Town Engineer has the
ability and right to make other requirements of the applicant.
Councilman Spratling asked the Deputy Town Attorney to advise the
Council's what its duties or responsibilities were regarding
either verifying the accuracy of the two conflicting surveys or
reconciling the differences between them, given the Council'p
direction to the Board to determine whether or not a variance was
required, and if a variance was required to make the
determination of the variance.
Deputy Town Attorney Ragghianti stated the Design Review Board
reviewed one survey and on the basis of that survey decided a
variance was not needed. He advised Council they had to look at
the evidence presented to them and determine whether or not the
Council could determine whether one survey is accurate or
inaccurate. He agreed with the Town Engineer that a Court or
qualified expert would need to decide the issue of accuracy of
the surveys. If the Council assumes the survey presented by the
Moriguchis was commissioned by a licensed surveyor, then the
Council must decide if evidence presented tonight shows that
survey inaccurate.
Councilman Spratling stated there's no question there's dispute
between the parties as to the accuracy of the surveys, but the
Council's standards should be whether or not anything presehted
this evening has convinced the Council that the one survey is
clearly erroneous. Councilman Spratling stated the Town Engineer
couldn't make that representation to the Council, but exercising
his responsibilities under condition NO.1, he would make sure
the shoring up of that slope could be accomplished by 3 foot
retaining walls.
Councilman Spratling stated he was sympathetic toward the
appellants' frustration, but perhaps the second survey should
have been presented to the Design Review Board.
TOWN COUNCIL MINUTES #656
May 16, 1984
Page 5
MOTION:
To support the decision of the Design Review
Board and deny the appeal.
Spratling, Seconded by Bergmann
To include the Planning Director's condition
that prior to the issuance of a Building Permit,
the applicant shall submit to the Town a cash
deposit in the amount to be determined by the
Town Engineer to guarantee adequate measures
will be taken to ensure stability of the
property in the event construction is halted or
extraordi~ary circ~mstances exists which demand
immediate action to protect the health, safety
and welfare of the property and adjacent
properties.
Coxhead
Accepted by Spratling and Bergmann.
AYES: Unanimous
Moved:
AMENDED MOTION:
Moved:
Amended Motion:
Vote:
7. SANITARY DISTRICT IS's HILLSIDE LANDSCAPING (Consider Current
Status and Future Landscaping Plans)
Councilman Coxhead stated he attended the District's Board
meeting and was informed that the irrigation system had been
installed and the landscaping contractor is in the process of
installing landscaping. The District is awaiting a State audit
of the project and Councilman Coxhead stated he didn't feel the
need to press the landscaping issue at this time.
James Murray, member of the District's Board of Directors,
expressed concern that the Town was requesting the District to
spend public funds for aesthetic purposes; the Board request~d
the Town to wait till after the audit to discuss landscaping
further; the slide created a crisis situation and the planters
were put in without a vote of the Board and they didn't know
whether they would be approved in the audit; that the Southern
Pacific developers were really the ones that wanted the
landscaping and not Tiburon residents, and there was a lack of
communication and cooperation from the Town.
Councilman Spratling responded that there had been two teams of
Councilmembers visit the District in an effort to work out a
landscaping solution; that the owners of the Southern Pacific
property had never voiced an opinion regarding the District site,
but complaints had been received from residents.
Council agreed to wait a reasonable amount of time for the State
audit before pursuing the matter further.
8. MERGER ORDINANCE (Ordinance, 2nd Reading, Modifications to
Provide Compliance with State Law)
Item continued to June 6, 1984 meeting.
9. ZONING ORDINANCE REVISIONS (Approve Revised and Updated Town
Zoning Ordinance - Ordinance, 2nd Reading)
Item continued to June 6, 1984 meeting.
10. GILMARTIN DRIVE/DEL MADERA FINAL MAP (Resolution)
Planning Director Hanna stated the Planning Commission considered
improvement drawings for the Final Map which have to be
consistent with the conditions of the Town Council. He stated
another condition of the Final Map was to include building
envelopes. Staff recommended approval.
Town Engineer Bala reminded Council that the five lots not
included in the assessment district and the landscaping will have
to be bonded to the satisfaction of the Town Engineer.
TOWN COUNCIL MINUTES #656
May 16, 1984
Pagp 6
Ms. McCart, representing the owners, stated the in-lieu fees
would be subject to appropriate agreement.
Planning Director stated it would be appropriate to get all final
details at the next meeting.
Item continued to June 6, 1984.
11. GILMARTIN DRIVE ASSESSMENT DISTRICT NO. 84-1
The Mayor opened the public hearing.
Dean Rhodes, Engineer of Work, described improvements of the
assessment district.
Ed Ness, Counsel, introduced Irving Schwartz, Assessment
Engineer, who described the method of spliting costs of the
assessment district.
Town Manager Kleinert stated the Town had received four (4)
letters of protest from Mr. & Mrs. Sederquist, Mr. and Mrs.
RObinson, Mr. John Graffo and J. W. Schuchart each indicating
they protested the proposed assessment district and they are the
owner of a legal lot building site.
The Town also received a letter of protest from Rolf Maier. Mr.
Ed Ness stated it was his understanding that Mr. Maier would
withdraw his protest.
Councilman Spratling questioned why the four (4) protests were
dated February 1983.
In response to Councilman Spratling, Deputy Town Attorney
Ragghianti stated he didn't believe the protests affect Council's
actions this evening. Ed Ness agreed.
Ed Ness reported there was a problem with the bids which wer.e
received May 2. Maggiora & Ghi1otti, Inc. were low bidder but
had filed a request within the required ten days asking to
withdraw bid due to clerical error. It was the recommendation of
the Town Attorney and Mr. Ness that the claim of mistake should
be honored and they be permitted to withdraw their bid. Town
Manager Kleinert stated the Staff supported this recommendation.
Mr. Ness read the Resolution of the Town Council of the Town of
Tiburon Relieving Maggiora & Ghilotti, Inc. of Their Bid on the
Grounds of Mistake into the record. Mr. Ness introduced
additional resolutions.
MOTION:
Moved:
Vote:
MOTION:
Moved:
Vote:
MOTION:
Moved:
Vote:
MOTION:
Moved:
Vote:
To continue the public hearing to June 6, 1984 at
7:30 P.M. (Resolution No. 2220)
Spratling, Seconded by Bergmann
AYES: Unanimous
To relieve Maggiora & Ghilotti, Inc. of their bid on the
grounds of mistake ( Resolution No. 2221)
Spratling, Seconded by Bergmann
AYES: Unanimous
To reject all bids received on May 2, 1983 and calling
for receipt of new bids (Resolution No. 2222)
Spratling, Seconded by Bergmann
AYES: Unanimous
To appoint Managing Underwriter (Wulff, Hansen & Co. _
Resolution No. 2223)
Stein, Seconded by Bergmann
AYES: Unanimous
Item continued to June 6, 1984
TOWN COUNCIL MINUTES #656
May 16, 1984
Page 7
12. EMPLOYEE/EMPLOYER RELATIONS (Adoption of Procedures -
Resol tion)
Item continued to June 6, 1984.
H. COMMUNICATIONS, STAFF AND TOWN MANAGER REPORTS
13. ANGEL ISLAND STATE PARK PROPOSED GENERAL PLAN AMENDMENT
(Report and Recommendations by D. Rockey)
Item continued to June 6, 1984.
I. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Smith adjourned the meeting at 12:20 A.M.,
Thursday, May l7, 1984, in memory of Thomas Drohan, Tiburon City
Councilman 1966-70, to Monday, May 21, 1984 to receive and review
the '1984-85 Preliminary Town Budget.
TOWN COUNCIL MINUTES #656
May 16, 1984
Page 8
MINUTES
TOWN COUNCIL
CALL TO ORDER
Mayor Smith called the regular meeting of the Town Council of the
Town of Tiburon to order at 7:55 P. M., Wednesday, May 2, 1984,
in the Hilarita Community Room, Tiburon, California.
A. ROLL..CALL
PRESENT: COUNCILMEMBERS: Bergmann, Coxhead, Stein, Smith
ABSENT: COUNCILMEMBERS: Spratling
EX-OFFICIO: Town Manager Kleinert, Planning
Director Hanna, Town Attorney Conn,
Town Engineer Bala, Supt. of Public
Works Brunini, Chief of Police Bailey,
Director of Finance Nadritch,
Assistant Town Clerk Hennessy
B. APPROVAL OF MINtrrES
#653, April l7, 1984
MOTION:
Moved:
Vote:
To appove Minutes #653 as submitted.
Coxhead, Seconded by Stein
AYES: Unanimous
ABSENT: Spratling
ABSTAIN: Bergmann
#654, April 18, 1984
Councilman Coxhead amended suggested fee on Page 7 to read:
$300.
MOTION:
Moved:
Vote:
To approve Minutes #654 as amended.
Stein, Seconded by Coxhead
AYES: Unanimous
ABSENT: Spratling
ABSTAIN: Bergmann
C. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES
TOWN COUNCIL COMMITTEE APPOINTMENTS (Mayor Smith)
Mayor Smith made the following Standing Committee appointments:
FINANCE, LEGAL AND ADMINISTRATION - Larry Smith, Chairman
Gary Spratling
PUBLIC SERVICES
- Valerie Bergmann, Chairman
Petey Stein
LANDS & DEVELOPMENT
- Gary Spratling, Chairman
Stone Coxhead
Mayor Smith made the following Committee appointments:
LEAGUE OF CALIFORNIA CITIES
(Redwood Empire Division)
Valerie Bergmann, Delegate
Stone Coxhead, Alternate
PRIORITY SETTING
(Community Block Grants)
Valerie Bergmann, Chairman
Petey Stein, Alternate
TOWN COUNCIL MINUTES #655
May 2, 1984
Page 1
ABAG
Valerie Bergmann, Delegate
Petey Stein, Alternate
MOSQUITO ABATEMENT BOARD
FERRYBOAT COMMITTEE
Don Batten, Representative
Dennis Rockey, Chairman
George Gnoss
Larry Smith
RICHARDSON BAY SPECIAL AREA PLAN
Valerie Bergmann, Chairman
Stone Coxhead, Alternate
101 CORRIDOR STUDY
Valerie Bergmann, Chairman
Petey Stein, Alternate
COMMISSION AND BOARD APPOINTMENTS (Town Council)
MOTION: To appoint Warren Callister to the Planning Commission;
to appoint Charlotte Ferretti and Ed Middendorf to the
Parks & Open Space Commission and to appoint Diane
Beuttas to the Fine Arts Commission.
Moved: Bergmann, Seconded by Stein
Vote: AYES: Unanimous
ABSENT: Spratling
D. COMMISSION AND COMMITTEE ORAL REPORTS
PARKS & OPEN SPACE COMMISSION (Status Report on Multi-use Path &
Jogging Path - Commissioner Yoder)
Commissioner Betty Yoder stated the Commission's concerns
regarding the repair of the jogging path; their hope that its
repair would not be delayed by negotiations with SASM; they would
like a consultant who specializes in jogging paths be hired, and
they recommended additional signs on the bike path. Commissioner
Yoder had consulted with the Marin Humane Society and recommended
the Town enact a leash control ordinance for the multi-use path
and park areas.
Mayor Smith suggested a joint meeting between the Council and the
Parks & Open Space Commission to be scheduled after May 12.
Staff was directed to prepare a report on leash laws in Marin
County Cities.
RICHARDSON BAY SPECIAL AREA STUDY
Councilman Bergmann reported the Study had been adopted by the
Committee and forwarded to Marin Cities/Towns for adoption before
the various Planning Commissions and Councils. General Plan
amendments would be necessary. The study would come before the
Council within approximately 2 months. A synopsis of the adopted
study would be given to the Council very soon.
E. PUBLIC QUESTIONS AND COMMENTS
Christopher Layton and Bill Lukens addressed the Council
regarding their concerns relative to the final grades evolving at
the Point Tiburon project. The Town Engineer confirmed there
were discrepancies of up to 2' between the tentative map and the
final construction drawings; the tentative map allowed for a 3'
differential. There was considerable discussion regarding the
finished floor elevation, elevation pad, finished roof height,
height of buildings as related to water line; possible view
obstructions, etc.
Councilman Bergmann stated the Council had a responsibility to
make sure site line drawings were adhered to. Mayor Smith
TOWN COUNCIL MINUTES #655
May 2, 1984
Page 2
directed the Town Engineer to talk to the Project Engineer to
assure all plans are being adhered to and to request that the 2'
differential be considered to be lowered as much as possible even
though it may be technically within the 3' variation.
F. CONSENT CALENDAR
Item 2 was continued. Item 4 was withdrawn.
MOTION: To approve the Consent Calendar consisting of:
1. FINANCE REPORT (March 1984)
4. NORWITT-BRADY SUBDIVISION (Request for One Year Extension
to File Final Map
Moved: Bergmann, Seconded by Stein
Vote: AYES: Unanimous
ABSENT: Spratling
G. PUBLIC HEARINGS & BUSINESS ITEMS
5. TIBURON HILL ESTATES PREZONING (Ordinance, 2nd Reading)
Planning Director Hanna reviewed a brief Staff report.
The Mayor opened the public hearing. There being no comments the
Mayor closed the public hearing.
To read by title only.
Bergmann, Seconded by Coxhead
AYES: Unanimous
ABSENT: Spratling
The Mayor read Ordinance No. 289 N.S., AN ORDINANCE OF THE TOWN
OF TIBURON AMENDING ORDINANCE NO. 9 N.S. BY ADOPTING PREZONING OF
CERTAIN PROPERTY TO THE RMP ZONE EFFECTIVE UPON ANNEXATION TO THE
TOWN OF TIBURON.
MOTION:
Moved:
Vote:
MOTION:
Moved:
Vote:
To adopt the aforementioned ordinance.
Bergmann, Seconded by Coxhead
AYES: Stein, Bergmann, Coxhead, Smith
NOES: None
ABSENT: Spratling
6. APPEAL PLANNING COMMISSION DENIAL OF SECOND UNIT (Chan
Residence, 4 McCart Court)
Item continued to May l6, 1984 meeting.
7. DEL MADERA FINAL MAP (Preliminary Review and Comment by
Council)
Planning Director Hanna reviewed the Staff report.
Martha McCart, representing the developer, stated the Improvement
Plans would be amended to include landscaping plans. Council
reviewed Final Map. After discussion, Council directed a parking
bay be included on Lot 17. Council approved the name Via
paraiso, East and West.
Bill Kuhns, adjacent property owner, questioned exchange of open
space, and clarification was made by Staff.
Councilman Coxhead questioned use of monterey pine trees at
intersection "9", Gilmartin and Via paraiso. Ms. McCart stated
they would be removed. Council addressed the use of monterey
pines on hillside Lots 5, 6 and 7. Ms. McCart stated only open
space was beyond the lots and no views would be obstructed. In
response to Councilman Coxhead, Dean Rhodes stated the retaining
walls would be exposed and embossed aggregate, light brown in
TOWN COUNCIL MINUTES #655
May 2, 1984
Page 3
color. Councilman Coxhead suggested vines on stepped retaining
walls and invited the landscape architect to attend the next
meeting. Dean Rhodes stated they proposed to replace the
expensive irrigation system with a proposal that a truck would
hand water the landscaping for a two year period.
Council requested Staff to prepare a brief summary of the CC&R's
and how they addressed previous Council concerns.
Ms. McCart stated she had met with the Town Engineer regarding
restrictions on sale of five lots not included in Assessment
District. The Town Engineer proposed a deed of trust that would
be released only after all~improvements have been completed on
these five lots to the satisfaction of the Town Engineer.
Council agreed.
Ms. McCart asked Council's consideration of using a special low
interest mortgage fund for the $275,000 housing in-lieu fee
rather than submitting cash. Councilman Bergmann suggested
contacting the Housing Authority for direction regarding setting
up such a fund. Councilman Coxhead requested a financial
statement from the Bank of the Orient, owner of the property,
prior to the next Council meeting. Council deferred decision.
Item continued to public hearing on May 16, 1984.
8. MERGER ORDINANCE (Ordinance, 1st Reading - Modifications to
Provide Compliance with state Law)
Planning Director Hanna gave a brief Staff report.
The Mayor opened the public hearing. There being no comments,
the Mayor closed the public hearing.
To read by title only.
Bergmann, Seconded by Stein
AYES: Unanimous
ABSENT: Spratling
The Mayor read AN ORDINANCE OF THE TOWN OF TIBURON AMENDING
SECTION 14-72 OF THE TIBURON TOWN CODE PERTAINING TO MERGER OF
CONTIGUOUS PARCELS.
MOTION:
Moved:
Vote:
MOTION: To approve first reading of the aforementioned
ordinance.
Moved: Bergmann, Seconded by Stein
Vote: AYES: Stein, Bergmann, Coxhead, Smith
NOES: None
ABSENT: Spratling
9. ZONING ORDINANCE REVISIONS (Approve Revised and Updated Town
Zoning Ordinance - Ordinance, 1st Reading)
The Planning Director gave a brief Staff report. He stated there
would be included a definition for Solar Appurtances and a
definition of Moorage. Staff asked Council's direction regarding
time limit on Appeals, and Council agreed it should remain 10
days.
The Mayor opened the public hearing. There being no comments,
the Mayor closed the public hearing.
To read by title only.
Bergmann, Seconded by Coxhead
AYES: Unanimous
NOES: None
ABSENT: Spratling
The Mayor read AN ORDINANCE OF THE TOWN OF TIBURON AMENDING
ORDINANCE NO.9 N.S., THE ZONING ORDINANCE.
MOTION:
Moved:
Vote:
TOWN COUNCIL MINUTES #655
May 2, 1984
Page 4
MOTION:
Moved:
Vote:
To approve first reading of the aforementioned
ordinance.
Coxhead, Seconded by Bergmann
AYES: Stein, Bergmann, Coxhead, Smith
NOES: None
ABSENT: Spratling
The Town Manager suggested an Appeal notification be part of Town
policy. He suggested interested parties be notified of the
appeal action as soon as it is filed. Council agreed and
directed that this be considered as Town policy, but not in the
Zoning Ordinance.
H. COMMUNICATIONS, STAFF .AND TOWN MANAGER ITEMS
The Town Manager asked Council to submit agenda items for the May
12 Staff retreat to his office.
Councilman Coxhead stated he had discussions with members of
Sanitary District #5 regarding their landscaping plans and they
would attend the May 16 Council meeting.
Councilman Coxhead suggested the Town request an encroachment
permit from the Tiburon peninsula Club for any marsh restoration
work.
Councilman Coxhead stated he had talked with the Marin Municipal
Water Distrit regarding landscaping the LaCresta water tower and
they, along with the developer, would submit landscaping plans to
the Design Review Board.
Councilman Coxhead stated he would determine if there was any
interest from the Circle Drive Condominiums to annex to the
Town. Mayor Smith stated previous Town policy has been for the
Town not to initiate annexation proceedings, but assist when
requested.
REEDLAND WOODS SCHOOL
Planning Director Hanna stated the County had granted Reedland
Woods a two year conditional use permit to expire at the end of
the two year period. The Master Plan for the entire property
will be submitted to the Town.
MEMO FROM FINANCE DIRECTOR RE ANNIVERSARY COMMITTEE
Finance Director Nadritch, Staff liaison to Anniversary
Committee, presented a memo stating the estimated expenses and
revenues for the Town's celebration. On behalf of the Committee,
he requested Council's consideration of making a cash
contribution to the Committee, in addition to expenses incurred
by Staff and the Police Department. Council questioned whether
the Anniversary Committee had established a Fund Raising
Committee and Publicity Committee, and what activities were being
considered to raise funds. Several suggestions were proposed by
the Council. Mr~ Nadritch stated various revenues were projected
to fund the anniversary events, however, the Committee currently
had a cash flow problem. Council requested that Mr. Nadritch not
sign any further contracts on behalf of the Committee, and
provide the Council with additional information regarding fund
raising efforts.
MOTION:
Moved:
Vote:
To advance $2,000 to the Committee to pay for the past
fireworks.
Stein, Seconded by Bergmann
AYES: Unanimous
ABSENT: Spratling
TOWN COUNCIL MINUTES #655
May 2, 1984
Page 5
Councilman Stein recommended the Committee set up a fund raising
arm which pursues the idea of one fund raiser in the tent for the
benefit of the Town, and additionally pursues housing some kind
of activity in the tent at other times, and increase cost of
dinner from $17 to $20. Council agreed. Councilman Stein also
recommended pursuing a Tiburon caterer.
I. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Smith adjourned the meeting at 10:45 P.M., sine
die.
TOWN COUNCIL MINUTES #655
May 2, 1984
Page 6
MINUTES
TOWN COUNCIL
CALL TO ORDER
Mayor Smith called the regular meeting of the Town Counci~ of the
Town of Tiburon to order at 7:40 P. M., Wednesday, April 18,
1984, in the Hilarita Community Room, Tiburon, California.
A. ROLL ~ CALL
PRESENT: COUNCILMEMBERS: Spratling, Stein, Coxhead, Smith
ABSENT: COUNCILMEMBERS: Bergmann
EX-OFFICIO: Town Manager Kleinert, Planning
Director Hanna, Town Attorney Conn,
Town Engineer Bala, Supt. of Public
Works Brunini, Chief of Police Bailey,
Director of Finance Nadritch,
Assistant Town Clerk Hennessy
B. APPROVAL OF MINUTES
There were none.
c. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES
Councilwoman Stein recommended that the Council support and
confirm the Joint Recreation Committee's nomination of Priscilla
Tripp for appointment to the Belvedere/~iburon Joint Recreafion
Committee.
Mayor Smith and the Council unanimously supported this
appointment, effective immediately.
D. COMMISSION AND COMMITTEE ORAL REPORTS
COMMISSION ON AGING
Mr. Robert Marcus, Commission on Aging, requested Council to
proclaim the month of Mayas Senior Citizen's Month. Town
Manager Kleinert stated the Town's policy was to issue
proclamations only for local community activities, however,
Council could acknowledge and proclaim by minute action the Month
of Mayas Senior Citzen Month.
MOTION:
Moved:
Vote:
To proclaim Mayas Senior Citizen's Month.
Spratling, Seconded by Coxhead
AYES: Unanimous
ABSENT: Bergmann
SENIOR CITIZEN OF THE YEAR
Town Manager Kleinert stated the City of Belvedere had nominated
Dr. Sam Mann as Marin County's Senior Citizen of the Year and
recommended that Council support this nomination.
MOTION: To support the nomination of Dr. Sam Mann of Belvedere
as Marin County's Senior Citizen of the Year.
Moved: Coxhead, Seconded by Stein
Vote: AYES: Unanimous
ABSENT: Bergmann
TOWN COUNCIL MINUTES #654
April 18, 1984
Page 1
FINE ARTS COMMISSION
Ted Carter, Chairman of the Fine Arts Commission, stated the
Commission had been working with InterArts of Marin, who place
works of art in public places. They proposed four free flowing
abstract designs be placed in the South of the Knoll park area.
Mr. Carter showed the Council a model of the proposed art work.
Council directed Mr. Carter to present the idea to the Parks &
Open Space Commission and the Board of Adjustments and Review for
their comments and return the proposal to the Council at the May
16 meeting.
E. PUBLIC QUESTIONS AND COMMENTS
There were none.
F. CONSENT CALENDAR
Items 6(b), 8 and 17 were moved to the Consent Calendar (after
considerable discussion of Item l7).
Item 3 was removed from the Consent Calendar for discussion and
Item 4 was removed, and rescheduled for May 2, 1984.
MOTION: To approve the Consent Calendar consisting of:
1. TRAFFIC SAFETY COMMITTEE (April 1984)
2. POLICE REPORT (March 1984)
6b. HILLCREST PREZONING FOR ANNEXATION AND NEGATIVE
DELCLARATION (Continued to May 16, 1984)
8. MERGER ORDINANCE (Continued to May 2, 1984)
17. APPEAL OF BOARD OF ADJUSTMENTS AND REVIEW DECISION
(3616 PARADISE DRIVE - Appellant James Robinson _
Continued to May l6, 1984)
Moved: Spratling, Seconded by Coxhead
Vote: AYES: Unanimous
ABSENT: Bergmann
G. PUBLIC HEARINGS & BUSINESS ITEMS
5. TIBURON BOULEVARD DOWNTOWN IMPROVEMENTS (Request by
Contractor for Temporary One-Way Traffic to Expedite
Construction)
The Town Manager reviewed the Staff report and the
recommendations of the Traffic Safety Committee, which included
the following conditions:
a. One way clockwise for Main Street during construction.
b. Contact Belvedere about installation of a temporary stop sign
at Beach Road and Main Street coming from Belvedere.
c. Evaluate with Cal/Trans the timing of the signal lights at
Beach Road and Tiburon Boulevard.
d. Close nearest driveway exit on Beach Road, Boardwalk Shopping
Center - Tow~ Engineer contact Belvedere Land Company.
The Town Manager reported that he, the Town Engineer and
Superintendent of Public Works had met with representatives from
Corinthian Island, the Belvedere City Council and the contractor
on Monday to discuss the one-way traffic proposal. Belevedere
residents supported the stop sign at Beach Road and one-way
circulation, but were opposed to the clockwise pattern, and
recommended counter-clockwise traffic circulation, primarily for
traffic safety reasons.
Town Staff discussed the advantages and disadvantages of the
proposal, and supported the clockwise pattern of traffic.
The Mayor opened the public hearing.
TOWN COUNCIL MINUTES #654
April 18, 1984
Page 2
Anna Stock, Tom Belton, Keith Morrison, Mike Hopton, Robert
Treiber, and Dan Gould (representing Chamber of Commerce), all
downtown business persons, supported the one-way traffic to
hasten construction and preferred the natural clockwise
pattern. Council was asked to consider placing a penalty on the
contractor if work hadn't finished by July 1. Staff explained it
was in the contractor's interest to complete the project as
quickly as possible, and a penalty clause was in the contract if
work wasn't completed after 210 days. To require two-way traffic
after July 1 would require the use of flagmen, and further delay
construction.
MOTION: Council accepts the recommendations of the Traffic
Safety Committee, including specifically stating the
direction of traffic to be clockwise; the Town
Council will continue to monitor and receive public
comments regarding impact of direction of flow and if at
any point it is decided that it was not a wise decision,
Council has not prejudiced themselves by action taken
tonight and will take action to relieve traffic impasse.
Moved: Spratling, Seconded by Coxhead
Town Engineer Bala stated he would issue a status report to the
Council prior to July 1.
The Mayor closed the public hearing and called for a vote.
Vote: AYES:
ABSENT:
Unanimous
Bergmann
6a. TIBURON HILL ESTATES PREZONING FOR ANNEXATION AND NEGATIVE
DECLARATION (Ordinance, 1st Reading)
The Director of Community Development reviewed the Staff report.
Councilman Coxhead questioned the location of two areas
designated as open space, and asked if the Town would be libel
for litigation currently in process regarding this development.
Town Attorney Conn stated the Town wouldn't be libel for action
which occurred under the County's jurisdiction, and Mr. Hanna
stated he would provide Councilman Coxhead with the open space
area information at the next meeting.
MOTION: To adopt the Negative Declaration of Environmental
Impact.
Moved: Spratling, Seconded Stein
Vote: AYES: Unanimous
ABSENT: Bergmann
MOTION:
Moved:
Vote:
To read by title only.
Spratling, Seconded Smith
AYES: Unanimous
ABSENT: Bergmann
The Mayor read AN ORDINANCE OF THE TOWN OF TIBURON AMENDING
ORDINANCE NO. 9 N.S. BY ADOPTING PREZONING OF CERTAIN PROPERTY TO
THE RMP ZONE EFFECTIVE UPON ANNEXATION TO THE TOWN OF TIBURON.
MOTION:
Moved:
Vote:
To pass first reading of the aforementioned ordinance.
Spratling, Seconded by Stein
AYES: Spratling, Stein, Coxhead, Smith
ABSENT: Bergmann
7. APPEAL OF BOARD OF ADJUSTMENTS AND REVIEW DECISION (414
Greenwood Beach Road - Appellant P. Richardson)
The Director of Community Development reviewed the Staff
report. The Board of Adjustments and Review approved the design,
TOWN COUNCIL MINUTES *654
April 18, 1984
Page 3
and the appellant was requesting Council to overturn the Board
decision and require that the home be relocated three feet closer
to Greenwood Beach Road.
George Sayre, applicant, stated he would be willing to relocate
the house if it would not cause further delays; that he had spent
over a year trying to work out compromises with the Richardsons.
Town Attorney Conn advised that the hearing had been properly
noticed and the item need not return to the BAR; jurisdiction had
been passed to Council_ and the Council could approve the
relocation and a variance of 14 feet.
The Mayor opened the public hearing.
Mr. Richardson stated the other neighbors had no objections to
the proposed relocation of the house.
The Mayor closed the public hearing.
MOTION: The Council up-held the decision of the BAR with the
exception that the house be moved three feet closer to
Greenwood Beach Road. Furthermore, the Council made
the required findings for the fourteen foot variance.
Moved: Spratling, Seconded by Stein
Vote: AYES: Unanimous
ABSENT: Bergmann
9. DRAFT EIR MOITOZA SUBDIVISION (Public and Council Provide
Comments for Consultants)
The Director of Community Development reviewed the Staff Report.
The Mayor opened the public hearing.
Councilman Spratling responded to Dean Rhodes, engineer of work
for the applicant, that all concerns expressed at the Planning
Commission would be incorporated in the Final EIR.
The Mayor closed the public hearing.
Councilman Coxhead stated he had reviewed the sites where the
photo montages were taken and stated the presentation in the
draft EIR was reasonable.
Suzanne Shimmer, 1770 Vistazo West, expressed concern that her
view would be disrupted. Council explained that an EIR presented
the worst possible scenario to give the Council a chance to
response and mitigate those factors. Councilman Spratling
explained that it would be necessary for her to attend all
hearings concerning this matter to assure her view rights.
Paul Rasmussen, 1765 vistazo West, stated he had expressed his
concerns to the Planning Commission.
Ruff Soule, owne~ of the property, stated they would like to use
story poles; they objected to an arbitrary 20' height limit.
Councilman Spratling stated the configuration of the development
might be entirely different than what was being proposed; the
purpose of the EIR was to provide information; the opportunity to
discuss specific concerns would be addressed during the Master
Plan hearing process.
Richard Harris, Environmental Collaboratives, stated they would
use story poles on the site to evaluate the views and this
information would be incorporated in the Final EIR.
Councilman Coxhead directed the EIR consultant to evaluate other
mitigating factors including mass, bulk and siting.
TOWN COUNCIL MINUTES #654
April 18, 1984
Page 4
MOTION: To direct Environmental Collaboratives to prepare a
Final EIR.
Moved: Spratling, Seconded by Coxhead
Vote: AYES: Unanimous
ABSENT: Bergmann
CERTIFICATES OF ELECTION
Mayor Smith presented new Councilmembers Stein and Coxhead framed
Certificates of Election from the Tiburon Town Clerk and Marin
County Election Department.
10. SANITARY DISTRICT is's HILLSIDE LANDSCAPING (Consider Current
Status and Future Landscaping Plans)
Town Manager Kleinert stated he had invited the District Staff to
attend this meeting, but they were unable to attend.
Representatives could possibly come to the next meeting.
Mr. Knauber, General Manager of the Sanitary District, had told
the Town Manager they were completing the improvement plans as
outlined in their grant funding and would not be receiving
additional money for landscaping.
Councilman Coxhead stated he didn't believe the BAR had ever
given final approval to their landscaping plans.
The Town Manager was directed to invite the District to attend
the May 2 meeting.
11. RBLP JOGGING PATH AND SHORELINE RIP-RAP REPAIRS (Consider
Town Engineer's Report and Recommendations Regarding SASM's
Repair Work To Date)
Town Manager Kleinert stated Robert Bradford, General Manager of
SASM, had called him on Monday and reiterated that the Agency had
done all they were going to do; they felt they had complied with
the specifications of the Agreement; Mr. Bradford contended that
the path was in poor condition when the project was started. The
Town Manager had indicated the issue was past Staff level
discussion; that Town Staff did not feel SASM had complied with
the original conditions of the Agreement. The Town Manager
supported a committee meeting of Town Council and SASM Board
representatives to attempt to resolve the dispute or pursuing
further legal action.
The Mayor appointed Councilmembers Stein and Spratling to meet
with representatives of SASM.
MOTION: To support recommendations of the Town Manager, (1) that
the Town defer any action regarding final execution of
the grant easement until such time as the Town is
satisfied that all conditions of the 1981 agreement have
been satisfactorily met by SASM, (2) appoint a special
committee of the Town Council (Councilmembers Spratling
and Stein), Town Engineer, Superintendent of Public
Works a~d Town Manager to meet with members of the SASM
Board of Directors and their General Manager concerning
this matter, and report their findings to the Council as
Soon as possible.
Moved: Spratling, Seconded by Coxhead
Vote: AYES: Unanimous
ABSENT: Bergmann
Town Engineer Bala stated Mr. Bradford had called him in response
to receiving the Staff Report and indicated he would see Mr. Bala
in court.
TOWN COUNCIL MINUTES #654
April 18, 1984
Page 5
The Town Manager stated Betty YOder, Parks & Open Space
Committee, had requested the matter be agendized on the May 2
meeting. Councilman Spratling suggested she be invited to attend
the SASM meeting. Councilman Coxhead offered to be an alternate
member of the Committee to meet with SASM.
12. ZONING ORDINANCE REVISIONS (Approve Revised and Updated Town
Zoning Ordinance, Ordinance 1st Reading)
Mayor Smith stated the Town had been reviewing this matter for
two years, and asked the new members if they would like
additional time to study the draft.
Councilman Coxhead stated he had some questions and would prefer
postponement to the next meeting. He suggested revision of the
"ridge" definition to include viewing areas from public gathering
places, i.e., McKegney Green, Tiburon Peninsula Club, Belvedere
Tennis Club.
Director of Community Development suggested "primary public
viewing areas" and stated being too specific can cause problems.
Councilman Spratling agreed with Councilman Coxhead's addition
and suggested wording to include: "principle view corridor from
residences, major thoroughfares or public gathering places".
Council agreed to rename the Board of Adjustments and Review to
the Design Review Board, and the designation of the Director of
Community Development be changed to Planning Director.
It was generally agreed to redefine land capacity schedule to
make it more equitable; to make the slope categories smalle~.
13. MARSH RESTORATION PROGRAM (Consider Workshop Meeting with
TPC)
The Town Manager stated he and Councilmembers Stein and Coxhepd
had met recently with Barbara Mathew of the TPC. A workshop
meeting with the Board of Governors of the TPC and the Tiburon
Town Council was proposed for 7:00 P.M., Tuesday, May 1 to
determine if the TPC property was to be included in the marsh
restoration program. Council agreed that no other issues would
be discussed at this meeting. Town Engineer Bala stated the Town
has contractual obligations to start the marsh restoration
program this summer and the Town must know whether the boundaries
will include the TPC property.
14. 1984-85 PRELIMINARY TOWN BUDGET (Establish Budget Hearing
Dates)
The Town Council accepted Staff's recommendation and set Monday,
May 21; Wednesday, May 30 and Monday, June II as Budget hearing
dates at 7:30 P.M. in the Hilarita Community Room.
15. TOWN COUNCIL APPOINTMENTS TO COMMISSIONS, BOARDS AND
COMMITTEES (~et Date for Applicant Interviews)
Council decided to conduct individual interviews with
Councilmembers Spratling and Smith talking with persons
interested in the Planning Commission and Design Review Board.
Councilmembers Stein and Coxhead would interview applicants
interested in serving on the Parks & Open Space, Heritage and
Fine Arts Commissions. Interviews set for Saturday, April 28,
beginning at 9:30 A.M. with 20-30 minute intervals.
Councilmember Stein suggested an orientation packet be prepared
for new members to the Boards, Commissions and Committees.
TOWN COUNCIL MINUTES #654
April 18, 1984
Page 6
COUNCIL/STAFF RETREAT
Council agreed to set Saturday, May 12, as date for the annual
Council/Staff retreat at Phoenix Lake.
16. BICYCLE PATH REDESIGN AT SAN RAFAEL AVENUE (Planning
Commission and Parks & Open Space Recommendations)
The Planning Director showed Council the rough sketch plan
proposed by CAL/TRANS to redesign the bike path in conjunction
with their signalization project at San Rafael Avenue. The
Planning Commission and Parks & Open Space Commission recommended
leaving the bike path in its current alignment. Town Engineer
Bala requested detailed three dimensional drawings, with
alternate proposals, to include landscaping. Councilmember Stein
suggested a walk light be used because of the school children
using the path when Reed School closes.
Mayor Smith directed the Town Manager to contact CAL/TRANS and
request more definitive information.
H. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS
18. Letter from State Department of Recreation to Town Manager,
dated 4/10/84 (Angel Island)
Mayor Smith stated he would ask former Mayor Rockey to attend
this meeting on May 2 from 7 to 9 P.M. since it conflicts with
the Town Council meeting.
3. PLANNING & BUILDING FEE SCHEDULE REVISIONS (Resolution 2218)
Councilman Coxhead asked various questions regarding the schedule
including possibility of increasing tree complaint to $300, and
reviewing the square footage calculation for the Tiburon
Boulevard Improvement Fund. Staff stated the schedule would be
reviewed at budget hearings.
MOTION: To approve the revised fee schedule as proposed by
Staff.
Moved: Spratling, Seconded by Stein
Vote: AYES: Unanimous
ABSENT: Bergmann
OTHER ITEMS
A. THE ATTIC BUSINESS LICENSE FEE
Town Manager Kleinert stated he and Dennis Rockey had met with
Chris Morrison and Jim Murray as directed by Council regarding
the issue of Mr. Morrison's delinquent business license fees as
related to the coin operated amusement devices located in his
store. Mr. Rockey and the Town Manager recommended a compromise
solution of counting the number of machines for amusement
purposes as three (3) and basing The Attic's business license fee
on this count. This recommendation was based upon the fact that
many of The Attib's machines are primarily for sale, older
machines and not characteristic of recent model vintage video
games. If this compromise proposal is acceptable to the Town
Council and Mr. Morrison, then the Small Claim's Court action
would be withdrawn by the Town.
MOTION: To authorize the Town Manager to execute this
compromise.
Moved: Stein, Seconded by Spratling
Vote: AYES: Spratling, Stein, Smith
ABSTAIN: Coxhead
ABSENT: Bergmann
TOWN COUNCIL MINUTES #654
April 18, 1984
Page 7
B. AUTHORIZATION TO FILL PLANNING ASSISTANT POSITION
The Town Manager requested authorization to fill this positon
through June 1985. Council so authorized.
C. MARIN COUNTYWIDE PLAN REPRESENTATIVE
Counci~man Coxhead volunteered to represent the Town at the Apri~
19 meeting of the Marin Countywide Plan Committee.
D. P.G.&E. TRANSFORMERS
Town Engineer Bala stated that P.G.& E. has agreed to correct the
existing vault on Main Street with submergable transformers.
E. COUNCIL AND COMMITTEE APPOINTMENTS
Mayor Smith asked Councilmembers to indicate their preferences
for serving on various committees in order for him to make these
appointments at the May 2 Council meeting.
I. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Smith adjourned the meeting at ll:35 P.M., sine
die.
ATTEST:
TOWN COUNCIL MINUTES #654
April 18, 1984
Page 8
MINUTES
ADJOURNED
TOWN COUNCIL
CALL TO ORDER
Mayor Spratling called the adjourned meeting of the Town Counci~
of the Town of Tiburon to order at 7:45 P. M., Tuesday, April 17,
1984, in the Hilarita Community Room, Tiburon, California.
A. ROLL. CALL
PRESENT: COUNCILMEMBERS: Edelstein, Rockey, Smith, Spratling
ABSENT: COUNCILMEMBERS: Bergmann
EX-OFFICIO: Town Manager Kleinert, Director of
Community Development Hanna, Supt. of
Public Works Brunini, Chief of Police
Bailey, Director of Finance Nadritch,
Assistant Town Clerk Hennessy
B. APPROVAL OF MINUTES
#65l, April 4, 1984
MOTION:
Moved:
Vote:
To approve as submitted.
Rockey, Seconded by Smith
AYES: Unanimous
ABSENT: Bergmann
#652, April 9, 1984
MOTION:
Moved:
Vote:
To approve as submitted.
Rockey, Seconded by Edelstein
AYES: Unanimous
ABSENT: Bergmann
C. BUSINESS ITEMS
l. CERTIFICATION OF APPOINTMENT TO TOWN COUNCIL
MOTION: To adopt Resolution 2217 officially appointing Stone
Coxhead and Peyton Stein to serve as elected members
of the Town Council, effective April l7, 1984 for four
(4) year terms.
Moved: Rockey, Seconded by Edelstein
Vote: AYES: Unanimous
ABSENT: Bergmann
Mayor Spratling expressed his personal gratitude to Councilmen
Rockey and Edelstein for their extraordinary service to the Town
of Tiburon.
Councilman Rockey stated he had served with pride and pleasure;
that his emotions had ranged from agony to ecstasy and from
despair to delight. He expressed his thanks to his wife, Carol
Ann, his fellow Councilmembers, former Councilmembers, Town Staff
and the community for their support.
Councilman Edelstein stated he had learned a great deal of
patience over the past II years of service to the Town; that a
slow pace is probably the best for the Town; the importance of
mutual courtesy and respect among Council members, and also
thanked the Town Staff.
Mayor Spratling reviewed the highlights of the past year, which
included establishment of the Redevelopment Agency; the Town's
first Development Agreement with Ring Mountain; approved
TOWN COUNCIL MINUTES #653
April 17, 1984
Page 1
assessment districts and undergrounding of utilities; trial
closure of Greenwood Beach Road; received Strawberry Annexation
Study; awarded bid for Tiburon Boulevard Downtown Improvements;
reviewed new Zoning Ordinance; passed the first balanced budget
in three years after receiving and implementing recommendations
from the Financial Advisory Committee; approved new schedule of
planning, building, business license fees and an increased
Transient Occupancy Tax; passed the Second Unit Ordinance;
distributed Emergency/Disaster Plan to all Tiburon residents;
bought and trained a police dog, Laddie; negotiated and approved
the Point Tiburon Devalopment Agreement, which resulted in over
$5 million of public improvements for the Town.
Mayor Spratling commended the Council for their unity of purpose
and commonality of goals; specified various achievements of each
Councilmember; thanked them and Staff for their support and
expressed his appreciation to his Mother for running his
household while he attended over 100 meetings as the Mayor of
Tiburon.
Former Mayor Kirk Hanson stated that the retirement of Hal
Edelstein and Dennis Rockey was a tremendous loss to the
community; thanked them for their tremendous contribution to the
Town. He also congratulated Petey Stein and Stone Coxhead on
their election.
Former Mayor Bran Fanning and Helen Benedict offered their
gratitude to Councilmen Edelstein and Rockey.
Vice-Mayor Smith expressed his appreciation to Councilmen
Edelstein and Rockey.
Mayor Spratling presented commemorative plaques to Dennis and Hal
and framed resolutions from the Marin County Mayors and
Councilmen. Mayor Spratling also presented them with the
traditional blue and white jackets. A jacket was likewise
presented to Jeff Knight as a token of the Town's esteem and
appreciation for his services as Town Treasurer.
Police Chief John Bailey expressed his appreciation to Councilman
Edelstein, and presented Councilman Rockey with a framed
Certificate of Merit from the Marin County Police Officers'
Association, their highest award, for his contribution to the
Marin County Major Crimes Task Force.
2. SEATING OF NEW TOWN COUNCIL
Town Manager Kleinert expressed the appreciation of Town Staff to
Councilmen Rockey and Edelstein for their many contributions and
the tremendous amount of time they devoted to the Town.
Town Clerk Kleinert administered the Official Oath of Office to
Peyton Stein and Stone Coxhead.
3. ELECTION OF MAYOR
Town Clerk Kleinert called for nominations for Mayor.
To appoint Larry Smith Mayor
Spratling, Seconded by Coxhead
AYES: Unanimous
ABSENT: Bergmann
Mayor Smith thanked the Council and expressed his appreciation to
Mayor Spratling for the tremendous amount of work he performed
for the Town especially in adopting the Redevelopment Agency.
MOTION:
Moved:
Vote:
TOWN COUNCIL MINUTES #653
April 17, 1984
Page 2
4. ELECTION OF VICE-MAYOR
Mayor Smith called for nominations for Vice-Mayor.
MOTION:
Moved:
Vote:
To appoint Valerie Bergmann Vice-Mayor.
Spratling, Seconded by Coxhead
AYES: Unanimous
ABSENT: Bergmann
D. ADJOURNMENT
Being no further business ~f the Town Council of the Town of
Tiburon, Mayor Smith adjourned the meeting at 8:45 P.M., sine
die.
TOWN COUNCIL MINUTES i653
April 17, 1984
Page 3