HomeMy WebLinkAboutTC Min 1985 (July thru December)
MINUTES
ADJOURNED
TOWN CDUNCIL
CALL TO ORDER
Mayor Bergmann called the adjourned meeting of the Town Council
of the Town of Tiburon to order at 5:15 P.M., Monday, December
23, 1985, in the Hilarita Community Room, Tiburon, California.
A. ROLL CALL
PRESENT:
COUNCILMEMBERS:
Spratling, Wilson, Smith,
Coxhead, Bergmann
ABSENT:
COUNCILMEMBERS:
None
EX-OFFICIO:
Town Manager Kleinert, Supt. of
Public Works Brunini
.B. PUBLIC BBARINGS & BUSINESS ITEMS
1. 1986 MUNICIPAL ELECTION
A. Initiative Moratorium Ordinance Ballot Wording
The Town Manager reviewed the original ballot wording submitted
by the Save Tiburon Committee and the modified proposal as
prepared by the Council Sub-Committee and Staff.
Councilman Spratling questioned Committee representatives in
attendance concerning the proposed modification to the ballot
wording. Karen Nygren expressed the Committee's reasoning for
requesting "or more if necessary". The Town Attorney expressed
some preliminary concerns with the legality of such wording.~
Mr. Nana questioned the proposed ballot wording in regard to the
~/ exemptions specified in the ordinance.
MOTION: Council adopt the following wording:
"Shall an ordinance providing for a two year
moratorium on development and building construction
in Tiburon, with eight listed exceptions and with a
possible one year (or longer) extension, be
enacted?"
Moved: Spratling, Seconded Wilson
Vote: AYES: Unanimous
b. Town Council Growth Control Ordinance Ballot Wording
Councilmen Spratling and Smith reviewed the proposed Growth
Control ordinance ballot wording. Councilman Wilson suggested
"or longer" be inserted after the wording "two years". This
revision was accepted by the Town Council.
TOWN COUNCIL MINUTES #716
December 23, 1985
Page 1
MOTION: Adopt the following ballot wording proposed by Council's
Sub-Committee as amended:
"Shall the Town of Tiburon, instead of enacting a
two year (or longer) moratorium, adopt an ordinance
that controls growth by immediately limiting the
issuance of building permits and setting standards
to insure acceptable levels of traffic?"
Moved: Spratling, Seconded by Smith
Vote: AYES: Unanimous
It was also recommended that the Town Council's Ballot Sub-
Committee and Town Staff finalize the titles for the ballot
wording.
c. 1986 Election (Resolutions)
MOTION: To adopt the following resolutions:
l. Resolution Requesting the Marin County Clerk's Office to
Provide Election Services for the April 8, 1986 Election
2. Resolution Ordering, Calling and Consolidating Measures with
the Municipal Election on April 8, 1986 for the purpose of
electing three Councilmembers
Moved: Spratling, Seconded Wilson
Vote: AYES: Unanimous
c. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Bergmann adjourned the meeting at 6:25 P.M., to
Thursday, January 9, 1986. The regular scheduled meeting falls
on the Holiday, January I, 1986
~~~~
VALERIEW. BERGMA~ MAYOR
Town of Tiburon
ATTEST:
R~~ MANA:':CLERK
TOWN COUNCIL MINUTES #716
December 23, 1985
Page 2
MINUTES
CALL TO ORDER
'!'OWN OOUNCIL
Mayor Bergmann called the regular meeting of the Town Council of
the Town of Tiburon to order at 7:55 P.M., Wednesday, December
l8, 1985, in the Hilarita Community Room, Tiburon, California.
A.. BOLL _CALL
PRESENT: COUNCILMEMBERS:
Spratling, Wilson, Coxhead, Smith
Bergmann
ABSENT: COUNCILMEMBERS:
None
EX OFFICIO: Town Manager Kleinert, Town Attorney
Ragghianti, Planning Director Hanna,
Town Engineer Bala, Chief of Police
Bailey, Superintendent of Public
Works Brunini, Associate Planner
Chafin, Planning Consultant Pivo,
Assistant Town Clerk Hennessy
B. APPROVAL OF MINUTES
#711, November 20, 1985
MOTION:
Moved:
Vote:
To approve Minutes #71l as submitted.
Spratling, Seconded by Wilson
AYES: Unanimous
.--
#712, November 21, 1985
MOT ION:
Moved:
Vote:
To approve Minutes #712 as submitted.
Wilson, Seconded by Coxhead
AYES: Unanimous
#713, November 26, 1985
Page 1, change date from October 31 to October 1.
"
MOTION:
Moved:
Vote:
To approve Minutes #713 as amended.
Smith, Seconded by Coxhead
AYES: Unanimous
ABSTAIN: Wilson
#714, December 4, 1985
Page 4, correct spelling of name Manley
TOWN COUNCIL MINUTES #715
December 18, 1985
P ag e 1
MOTION:
Moved:
Vote:
To approve Minutes #714 as amended.
Wilson, Seconded by Coxhead
AYES: Unanimous
ABSTAIN: Bergmann
c.
APPOINTMENTS ro OOMMISSIONS, BOARDS, COMMITTEES
There were none.
D. COMMISSION AND OOMNITTEE ORAL REPORTS
Mayor Bergmann stated she had met with the Mayors of Mill Valley,
Sausalito and Belvedere and Supervisor Aramburu to discuss
matters of mutual conCern to the communities. These meetings
would be held on a regular basis.
E. PUBLIC QUESTIONS AND OOMMENTS
There were none.
F. CONSENT CALENDAR
MOTION:
To approve the Consent Calendar consisting of
the following items:
1. POLICE REPORT (November 1985)
2. CLAIMS AGAINST THE TOWN (Recommend Denial)
a. Mahoney Contracting, Inc.
b. Fereydoun & Fatemah Zahedi
3. FAU PROGRAM ADOPTION 1986-87 (Five Year Program Recommended
by the Marin County Urban System Committee - Resolution)
4. AWARD OF CONTRACT (McKegney Green and So. of the Knoll P~rk
Maintenance Contract)
5. MASTER AND PRECISE PLAN EXTENSION (7 Wilkins Court)
Moved:
Vote:
Smith, Seconded by Wilson
AYES: Unanimous
G. PUBLIC BBARI.HGS & BUSINESS' ITEMS
6. URGENCY II>RATORIUM ORDINANCE (To Consider Final Extension of
Revised Urgency Moratorium Ordinance as Prepared by the Town
Attorney)
The Planning Director reviewed the revised ordinance which
included the exemptions and/or exclusions previously discussed by
the Town Council.
Gary Pivo, Planning Consultant, reiterated that the proposed
ordinance would provide for interim development during the review
and up-date of the Circulation and Land Use elements of the
General Plan that would not effect the traffic situation.
TOWN COUNCIL MINUTES #715
December 18, 1985
Page 2
Considerable discussion ensued regarding the proposed ordinance
which included: whether single family homes on legal lots which
are in existence on the date of adoption of this ordinace should
be included in the proposed 1.5% annual limitation on
constructon; whether legal lots of long standing have priority
over newly created lots; location of the lot having different
environmental impacts; traffic study to include Redwood Highway
and Alto frontage roads; Section 4,(h) should include
subparagraphs (f) and (j).
The Mayor opened the p~blic hearing.
George Silvestri, attorney ~or Mr. -~nd'Mrs. Agins, suggested
Council place an alternative measure on the ballot.
Representative of One Place Moulin stated the lot was recorded in
1963 and asked that preferential consideration be given to the
older lots.
Representative of Herman Properties asked that application be
processed in order of receipt; asked that EIR reviews be
considered during the moratorium; opposed the proposed ordinance.
In response to Phillip Howard, Councilman Smith stated there were
3,019 units in Tiburon. Mr. Pivo responded that Lyford Drive is
a collector street.
In response to Don Batten, Mr. Pivo stated intersections could
have a lower level of service than the length of Tiburon
Boulevard; CAL/TRANS evaluates the level of service low on the
Boulevard because they would prefer traffic to reach 55 mph as a
State highway.
Martha McCart, representing Perini Land & Development Co., stated
the Lyford Drive and Round Hill Road intersection was used for
the second EIR for Point Tiburon to calculate number of trips per
day for a single family residence; the count was 8.85 and this
figure has been used for other traffic studies. Ms. McCart
stated they had significant questions with the differentiation
between Section 4(f) and paragraph 6 in terms of legal lots;
paragraph 4(m) did not list public utilities; asked what limits
would be placed on 4(0) which would double traffic; asked for
paragraph (q) to be added to state: "The approval and
recordation"of a Tentative Map filed prior to adoption of the
ordinance"; thought Sections 6 and 7 should refer to Design
Review; thought Section 6 should address projects of less than 10
units.
Helmut Sommer stated he owned his property since 1972 and has
been processing an application since 1982 and asked that the
ordinance include an amendment which permits minor subdivisions
to proceed that have no impact on traffic along Tiburon
Boulevard.
TOWN COUNCIL MINUTES #7l5
December 18, 1985
Page 3
After discussion, Council agreed to delete "proposing more than
ten (10) units" from Section 6.
Alan Stansbury, Marin County Board of Realtors, stated they have
been working with the City of San Rafael on a Traffic Systems
Management Plan and suggested the Council look to that means of
controlling traffic as an alternative to a building moratorium in
Tiburon.
Paul Kahn stated his project addressed the issue of growth and
development during the ErR process; has received Design Review
approval Which cost thousan~s of do~l~~s and asked what the
Council would do when these approvals expire; he faced a capital
gains tax and there was a signficant economic impact on himself
and others; thought basic issue was one of fairness; he had spent
three years discussing a three lot subdivision.
In response to Fran Mayberry, Mr. pivo stated traffic generated
by Point Tiburon has been included in their traffic model.
Mr. Nana questioned why the Council was devising such a complex
formula prior to the April election since it would be impossible
to get through Design Review before the election.
Bill Goldberg asked the Council if they were precluding a first
come first served basis during the interim period; the market
itself determines the lots to be sold during the next lO-l5
years.
Councilman Spratling indicated that Design Review applications
can be processed at this time.
Rod Bessolo, 19 Paseo Mirasol, questioned occupancy rate of Point
Tiburon effecting traffic model; urged reduction in allowable
units below the 1.5%.
George Silvestri asked that Design Review be included as well as
a provision for Development Agreements for those who do not wish
to begin construction immediately.
The Mayor closed the public hearing.
The Mayor ~irected Staff to revise the draft ordinance and
continued the discussion to an adjourned meeting on January 9,
1986.
TRAFFIC DATA DISCUSSION
Council set a workshop meeting for January 7, 1986 at 7:30 P.M.
at Hilarita Community Room to receive report from Mr. Pivo and
the Traffic Consultants.
TOWN COUNCIL MINUTES #715
December l8, 1985
Page 4
7. INITIATIVE PETITION ORDINANCE PROPOSAL (Consideration of
Adoption of Initiative Petition Ordinance or Placing Measure
on the Municipal Ballot on April 8, 1986
The Town Manager reviewed the Staff report. Council had the
option of adopting the ordinance as written or placing the
measure on the April 8, 1986 municipal ballot. The Council also
had the option of placing an alternative measure on the ballot.
The Mayor opened the public hearing.
Rod Bessolo, Save Tiburon C:ommi ttee.., acknowledged the. ini tiative
measure was more comprehensive intentionally to avoid
discrimination through exemptions. .
Karen Nygren was opposed to two ballot measures; thought it would
confuse the voters and split the vote.
Neill Smith, 3700 Paradise Drive, was in favor of the Council's
proposed alternative measure.
The Town Attorney stated the ballot measure receiving the highest
affirmative vote would be enacted if both measures passed.
George Silvestri, opposed to initiative measure, suggested an
alternate ballot measure that would provide broad authority to
establish a detailed ordinance; urged the Council not to rush
wording for the December 27 deadline.
Fran Mayberry, Save Tiburon Committee, was opposed to an
alternate ballot measure.
The Mayor closed the public hearing.
MOT ION:
Moved:
Vote:
To place the initiative moratorium measure on the
April 8, 1986 municipal ballot.
Wilson, Seconded by Smith
AYES: Unanimous
ALftRNATE BALLOT MEASURE
Council discussed and agreed to place an alternate measure on the
ballot.
In response to Mrs. Nygren, the Town Attorney advised the
alternate ballot measure need not have a time limitation.
MOTION:
Moved:
Vote:
To prepare an alternate ballot measure ordinance
Bergmann, Seconded by Wilson
AYES: Unanimous
TOWN COUNCIL MINUTES #715
December 18, 1985
Page 5
Council appointed a subcommittee consisting of Councilman
Spratling and Councilman Smith to prepare ballot wording.
An adjourned meeting was set for 5:00 P.M., Decembet 23, 1985 to
approve ballot wording for both ballot measures.
8. 1986 MUNICIPAL ELECTION (Ordering and Calling An Election for
April 8, 1986 - Resolution)
a. Election of Three Councilmembers
b. Possible Initiative Moratorium Measure
c. >Possible Alternative or A_Qvisory Measure
d. Arguments and Rebuttals
This item continued to next meeting.
9. 1986 MUNICIPAL ELECTION SERVICES (Request County Clerk to
Render Services - Resolution)
This item continued to next meeting.
lO. VESTING TENTATIVE MAPS (Urgency Ordinance to Allow Vesting
Tentative Map as Prepared by Town Attorney - URGENCY
ORDINANCE)
The Town Attorney reviewed the provisions of the Urgency
Ordinance which the State requires to be adopted by January 1,
1986.
The Mayor opened the public hearing.
The Town Attorney provided clarification in response to ques~ions
of Mrs. Nygren and Mr. Goldberg.
The Mayor closed the public hearing.
MOTION:
Moved:
Vote:
To read by title only.
Spratling, Wilson
AYES: Unanimous
The Mayor read AN URGENCY ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON ADOPTING PROCEDURES FOR THE PROCESSING AND
APPROVAL OF VESTING TENTATIVE MAPS FOR RESIDENTIAL SUBDIVISIONS.
"1
MOTION:
Moved:
Vote:
To adopt the aforementioned ordinance.
Spratling, Seconded by Wilson
AYES: Spratling, Wilson, Coxhead, Smith, Bergmann
B. COMNUNICATIONS, STAFF AND TOWN MANAGER ITEMS
There were none.
TOWN COUNCIL MINUTES #715
December 18, 1985
Page 6
I. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Bergmann adjourned the meeting at 11:05 P.M. to
7:30 P.M., December 23, 1985.
Uu~~~
VALERIE W. BERGMANN, MAYOR
ATTEST:
R'~ CLE~
TOWN COUNCIL MINUTES #7l5
December l8, 1985
Page 7
MINUTES
CALL TO ORDER
TOWN COUNCIL
Vice-Mayor Coxhead called the regular meeting of the Town Councll
of the Town of Tiburon to order at 7:40 P.M., Wednesday, December
4, 1985, in the Hilarita Community Room, Tiburon, California.
A. BOLL CALL
PRESENT: OOUNCILMEMBERS: Spratling, Wilson, Smith, Coxhead,
ABSENT: COUNCILMEMBERS: - Bergmann
EX OFFICIO: Town Manager Kleinert, Town Attorney
Ragghianti, Planning Director Hanna,
Town Engineer Bala, Chief of Police
Bailey, Superintendent of Public
Works Brunini, Assistant Town Clerk
Hennessy
B. APPBOVAL OF MINUTES
1709, November 6, 1985
MOTION:
Moved:
Vote:
To approve Minutes '709 as submitted.
Smith, Seconded by Spratling
AYES: Spratling, Smith, Coxhead
NOES: None
ABSENT: Bergmann
ABSTAIN: Wilson
'710, November 12, 1985
MOTION:
Moved:
Vote:
To approve Minutes #710 as submitted.
Spratling, Seconded by Smith
AYES: Spratling, Smith, Coxhead
NOES: None
ABSENT: Bergmann
ABSTAIN: Wilson
c.
APPOINTMENTS m CDJllUSSIONS, BOARDS, COMMITTEES
There were none.
D. COMMISSION AND CDMMIT'l'EE ORAL BBPORTS
There were none.
E. PUBLIC QUES1'IONS AND CDMllEftS
Councilman Spratling stated the Council had issued a stop work
order on the Perini Land & Development Project. Council
discussed this matter with the Town Attorney at Executive
Sessions on November 26 and tonight. The Town Attorney has
researched the matter and advised Council that they do not have
the legal justification to stop work for those improvements
covered by the permit which was issued by the Town to Perini.
MOTION:
Moved:
Vote:
To withdraw the stop work order so that Perini can
make the improvements authorized in the permit, but
only those improvements subject to conditions of the
Tentative Map and winterization requirements of the
Town Engineer.
Spratling, Seconded by Smith
AYES: Unanimous
ABSENT: Bergmann
TOWN OOUNTIL MINUTES 1714
December 4, 1985
Page 1
F. CONSENT CALENDAR
MOTION: To approve the Consent Calendar consisting of the
following items:
1. FINANCE REPORT (July thru October 1985)
2. FAIR RESPONSIaILITY ACT OF 1986 (Initiative Measure to Reform
Inequities & Injustices of The "Deep Pocket Doctrine" -
Resolution)
3. DELINQUENT BUSINESS LICENSES (Authorize Staff to Proceed with
Legal Action)
4. CAPITAL IMPROVEMENT EXPENDITURE (Purchase of New Telephone
System - Funds Budgeted FY 1985-86)
Moved: Wilson, Seconded by Spratling
Vote: AYES: Unanimous
ABSENT: Bergmann
G. PUBLIC BEARINGS 'BOSINESS ITEMS
5. CIBRIAN DEVELOPMENT (Reconsider Amendment to Agreement
Regarding Water Tank)
The Planning Director reviewed the Staff report and an aerial
photograph which depicted the proposed water tank site. He
reviewed the history of the application and the condition that
the developer install a water tank before June 30, 1986. The
Planning Director stated he had contacted the Ring Mountain
developer to see if they would allow Cibrian to install a water
tank on their property and they will not allow construction to
occur on their property at this time. Mr. Hanna also contacted
the Nature Conservancy and they have indicated they have a couple
of concerns but the proposal would not be out of the question.
Mr. John Peckham, Senior Engineer of Marin Municipal Water ,
District, stated the District did not require the water tank;
anything approved above the 200' elevation would have low
pressure. In response to Councilman Smith, Mr. Peckham stated
fire protection was not the District's responsibility. He also
stated that the District requires in-fee ownership of the site
where the tank is located, but not necessarily the access route.
Abbass Barzgar, developer, reviewed the history of the
application and the condition of installing a water tank;
expressed his willingness to install the tank when the site was
available; asked for an extension of the time limit for
installation of the tank to allow the Town sufficient time to
find a location and asked for a three year extension so that the
cost could be shared with the Ring Mountain developer; asked that
building permits be issued; asked Town to create a payment
schedule for Cibrian so that each of the four lots being held as
escrow by the Town can be released for sale.
In respone to Vice-Mayor Coxhead, Mr. Peckham stated that the
existing residents would not receive any deterioration in their
water service if one or two homes at the 200' elevation were
built. .
The Vice-Mayor opened the public hearing.
Mr. Charles Ehrlich, owner of Lot 8, emphasized that the Council
released Lot 8 for sale; he would not have bought it if it were
encumbered; the lot has passed Design Review; letter from Water
District indicated there will not be an impact on water pressure
when his home is built; the limiting factor is the San Clemente
tank; that from a factual and moral standpoint he was entitled to
his building permit.
Polly Smith disagreed with Mr. Peckham from the water district;
the residents have recognized a drop in water pressure over the
years; there's an intermittent problem. Mrs. Smith expressed
concern to the Council that Lot 8 was released for sale without
notification of the neighborhood; thought it was highly
TOWN COUNTIL MINUTES 1714
December 4, 1985
Page 2
irregular; stated the issue was the way the city handled Lot 8.
In response to Councilman Spratling, Mrs. Smith acknowledged that
the use of the word variance was perhaps incorrect; she was
concerned that the Council had acted improperly. Councilman
Spratling explained that there was no variance request; the
Council substituted one Lot of security for another Lot trying to
help ensure the f~nancial stability of the project so that the
neighborhood would receive the benefit of a water tank
installation.
Sandy Leistner, 130 Taylor Road, supported the installation of a
water tank and requested no building permits be issued; stated
the public report still indicates a lien on Lots 5, 6, 7 and 8.
Dr. Peter. Smith, 10 Barner~Lane, supported the insta~lation of a
water tank; stated the agreement with the developer had been
eroded by the Town Council and Staff without an opportunity for
the residents to express themselves.
Vice-Mayor Coxhead stated the intention of the Council has been
to ensure the residents get a water tank to provide better water
pressure.
Howard Leistner, 130 Taylor Road, stated he thought it was highly
irregular that the neighbors were not notified when Cibrian asked
for release of Lot 8; thought the problem was that there had been
no formal request from the Town to the Ring Mountain developer or
to the Nature Conservancy requesting they provide a site for the
water tank; asked the Town to prepare a document stating they
would use condemnation proceedings to acquire a site; suggested
the Town grant a one year extension with the provision that if a
site becomes available, the developer has six months to build the
tank.
In respone to Vice-Mayor Coxhead, the Town Manager stated th~
Town would not be willing to condemn property. .
In response to Jay Brooder, the Town Attorney stated the Town
held Deeds of Trust from the developer securing the four Lots and
these were recorded on June 16, 1983 and again in April 1985.
Fred Manley, 4887 Paradise Drive, supported Polly Smith's efforts
and the need for the installation of a water tank.
In respone to Vice-Mayor Coxhead, the Town Attorney stated it is
a common misconception that the government code requires
notification of residents; the State Planning Act has specific
requirements when and to whom notice is to be sent; the Town
Attorney stated it was not legally necessary for Staff to send
notification for a substitute of security.
Mr. Davood, Hexan Project Manager, supported the developer's
attempts to abide by his agreement and asked Town to secure a
site for the water tank.
The Town Engineer expressed concern that water pipes and water
regulators be supplied; asked that developer pay water district
to design the water tank system. Mr. Peckham stated the
developer could design the system according to the water
district's specifications.
Patrick Sheehan, 110 Taylor Road, stated he was concerned the
community wouldn't get the water tank.
John Gallagher, 123 Taylor Road, asked the developer if he had
the money for the water tank. Mr. Barzgar responded that the
equity in the four Lots held by the Town was twice as much money
as the cost of the water tank; he was awaiting the site.
Lowell Hambrick, 4929 Paradise Drive, supported the issuance of a
builting permit to Mr. Ehrlich.
TOWN CUUNTIL MINUTES 1714
December 4, 1985
Page 3
Ann Ehrlich, owner of Lot 8, stated they might lose the entire
project if held up by the moratorium and asked that they be given
their building permit.
The Vice-Mayor closed the public hearing.
Councilman Spratling stated there were four issues involved in
this matter: (1) the installation of a water tank, (2) the
requirements of the developer and the Town's requirements; (3)
Lot 8's building permit and (4) the effect of a moratorium on
everyone.
,,/'
The Town Attorney stated there was no legal justification for
denying Mr. Ehrlich the- building permit; he has obtained every
discretionary entitlement and purchgsed a legal Lot.
MOTION: The Town Attorney to modify the subdivision Improvement
Agreement, and propose this modification to the
developer, which will extend the time period for
construction of the water tank to October 31, 1986 or
six (6) months after notice from the Town that it can
provide a site free of charge as set forth in the
Development Agreement to the developer, and the water
tank requirement also include service lines to the
Taylor Road area; the Town Attorney and developer
negotiate for purposes of presentation to the Town
Council the financial aspects of release, reimbursement
and other aspects requested by the developer.
Moved: Spratling, Seconded by Smith
Bill Bremer asked the Council to take security money from the Lot
8 escrow money; the Council responded that would create an
acceleration of security because the original subdivision
agreement only required the installation of the water tank by
June 30, 1986; it represented an increase in secruity against the
property when the Town cannot offer a site. Mr. Bremer agre~d.
Vote: AYES: Unanimous
ABSENT: Bergmann
MOTION:
Authorize the Town to issue building permits previously
withheld
Spratling, Seconded by Wilson
AYES: Unanimous
ABSENT: Bergmann
10. INITIATIVE PETITION ORDINANCE PROPOSAL (Set Public Hearing
Date for Consideration of Ordinance)
Moved:
Vote:
The Town Manager reviewed the Staff report. The County of Marin
Registrar of Voters has verified the signatures on the
petition. Staff had recommended a public hearing be set for
December 16, however, this date is not acceptable and would
suggest that meeting be continued to Wednesday, December 18.
MOTION: To set December 18 as a public hearing date to consider
the Initiative Petition
Moved: Wilson, Seconded by Smith
Vote: AYES: Unanimous
ABSENT :'1 Bergmann
11. URGENCY MORATORIUM ORDINANCE (Set Public Hearing Date To
Consider Final Extension of Revised Urgency Moratorium
Ordinance as Prepared by the Town Attorney)
Moved:
Vote:
To set December 18 as a public hearing date to consider
final extension of revised urgency moratorium ordinance.
Wilson, Seconded by Smith
AYES: Unanimous
ABSENT: Bergmann
MOTION:
TOWN OOUNTIL MINUTES #714
December 4, 1985
Page 4
6. APPEAL OF DESIGN REVIEW BOARD DECISION (562 Tenaya Drive)
Councilman Wilson excused himself and left the dais due to a
possible conflict of bias.
The Planning Director reviewed the Staff report and approved
plans.
Martha McCart, representing the appellants Mr. and Mrs. Laurence
Heimerl, 564 Tanaya Drive, stated the Design Review Board had
agreed to a particular dimension for the deck; the only issue
subject to appeal was whether it was appropriate for the Board to
approve the deck as built rather than as approved; the Heimerls
had indicated all along that the further the deck extended, the
further it intruded upon their privacy; felt the discrepancy was
in the order of 62 sq.ft.; concern is that the Board has a duty
to insist the deck be built per plans submitted; asked Council to
require the application be built according to approved plans.
Mr. Heimerl stated they had always maintained that measurements
had been taken incorrectly; he maintained that the discrepancy
was more like 1'4"; thought the contention that it was an
innocent mistake on the part of the contractor was a specious
argument and should be ignored.
Mr. Mercer, 562 Tanaya Drive, stated they had compromised on
several occasions to accommodate their neighbors; the Building
Inspector had been to the house twice and found the deck to be in
conformance with the approved drawings; the original deck had
been removed; the original plans stated the deck was 6'6" when in
reality it was 6'9" and the approved drawings stated they could
measure from the existing deck; two 15 gallon trees will be
planted as a screen.
The Vice-Mayor opened the public hearing.
Michael Lyon, Chairman of the Design Review Board, stated after
reviewing the property, he felt the 6" discrepancy made no
difference to the privacy of the neighbors and the privacy
problem will be mitigated by shrubs.
David Gilbert, 558 Tenaya Drive, stated as a lawyer and real
estate broker, there would be economic waste created by changing
the deck; felt the value of the homes in the neighborhood had
increased due to the work the Mercers have done on their home.
The Vice-Mayor closed the public hearing.
Councilman Spratling stated he saw no compelling reason to
overturn the unanimous vote of the Design Review Board; had he
detected one little bit of intent to overbuild, he would vote to
reverse the Board's decision, however, he felt it appears the
error was negligence and there was no substantial impact on the
neighbor.
Vice-Mayor Coxhead stated upon visitig the site, he was convinced
that with proper vegetation the neighbors privacy will be
protected.
MOTION: To up-hOld the decision of the Design Review Board and
deny the appeal.
Moved: Spratling, Seconded by Smith
Vote: AYES: Spratling, Smith, Coxhead
ABSTAIN: Wilson
ABSENT: Bergmann
7. ORDER TO SHOW CAUSE - TREE WMPLAINT (420 Ridge Road)
The Planning Director reviewed the Staff report. The tree owner
had promised to trim the trees, however, stated due to inclement
weather the tree service was unable to do so.
TOWN COUNTIL MINUTES 1714
December 4, 1985
Page 5
Audrey Romer asked that the matter remain on the Council agenda
until the work had been completed.
MOTION: The Town Manager to write a letter to the tree owner and
emphasize that the tree trimming must be done before the
next Council meeting, and if the work has not been done
the Council will direct the Town Attorney to initiate
abatement proceedings.
Moved: Spratling, Seconded by Wilson
Vote: AYES: Unanimous
ABSENT: Bergmann
8 . SASK EASEMENT & RIP-RAP MAINTENANCE STATUS REPORT
The Town ~anager reviewed the Staff r~port. SASM haQ hired a
consultant to advise them regarding the rip-rap repairs and
maintenance program, however, the consultant's report did not
address the Town of Tiburon's concerns. Mr. Kleinert stated that
the Town wants satisfactory repair of the failed area of the
multi-use path, plans for future maintenance of the rip-rap and
payment of SASM's share of repair costs of the jogging path.
After discussion, it was agreed that Staff will meet with
representatives of SASM and if the matter isn't satisfactorily
resolved, then Councilmembers will meet with SASM Board members.
MOTION: To approve Staff recommendations as outlined in the
Staff report.
Moved: Smith, Seconded by Spratling
Vote: AYES: Unanimous
ABSENT: Bergmann
9. ANIMAL OONTROL ORDINANCE AMENDMENT (Waiver of Fees for
Seniors - Ordinance, 2nd Reading)
Council waived Staff report.
The Vice-Mayor opened the public hearing. There being no
comments, he closed the public hearing.
/
/
To read by ti tle only.
Spratling, Seconded by Wilson
AYES: Unanimous
ABSENT: Bergmann
The Vice-Mayor read ORDINANCE NO. 310, AN ORDINANCE OF THE TOWN
COUNCIL OF THE TOWN OF TIBURON AMENDING THE TOWN'S ANIMAL CONTROL
ORDINANCE BY ADOPTING BY REFERENCE AMENDMENTS TO THE MARIN COUNTY
ANIMAL CONTROL CODE.
MOTION:
Moved:
Vote:
MOTION:
Moved:
Vote:
To adopt the aforementioned Ordinance.
Spratling, Seconded by Wilson
AYES: Spratling, Wilson, Smith, Coxhead
ABSENT: Bergmann
12. REDEVELOPMENT AGENCY AHNUAL REPORT (Acceptance of
Redevelopment Agency's Annual Report and Authorize Filing
with the State Controller)
Council waived hearing the Staff report.
MOTION: To accept the Redevelopment Agency's Annual Report and
Authorize Filing with the State Controller.
Moved: Spratling, Seconded by Smith
Vote: AYES: Unanimous
ABSENT: Bergmann
B. COMMUNICATIONS. STAFF AND TOWN MANAGER ITEMS
There were none.
TOWN COUNTIL MINUTES 4714
December 4, 1985
Page 6
I. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Vice-Mayor Coxhead adjourned the meeting at 10:45 P.M.
to December 16, 1985. This meeting will be adjourned to December
18, 1985 at 7:30 P.M. in the Hi1arita Community Room
/4..eu
STONE COXHEAD, VICE-MAYOR
ATTEST:
TOWN OOUNTIL MINUTES i714
December 4, 1985
Page 7
MINUTES
ADJOURNED
i'OWN COUNCIL
CALL TO ORDER
Mayor Bergmann called the adjourned meeting of the Town Council
of the Town of Tiburon to order at 7:35 P.M., Tuesday, November
26, 1985, in the Hilarita Community Room, Tiburon, California.
A. BOLL CALL
PRESENT:
COUNCILMEMBERS:
Spratling, Coxhead, Smith,
Bergmann
Wilson
ABSENT:
COUNCILMEMBERS:
EX-OFFICIO:
Town Manager Kleinert, Town
Attorney Ragghianti, Planning
Director Hanna, Town Engineer
Bala, Assistant Town Clerk
Hennessy
B. PUBLIC QUESTIONS AND COMMEH'l'S,
Rod McLeod, 21 Mercury Avenue, noted there had been a mud slide
created by the Perini project last weekend, and part of the hill
came down and entered the home at 27 Mercury Avenue; he asked for
a clarification of Section 11 of the Master Plan approval which
specified a winterization plan shall be implemented and no site
improvement activity shall take place without the consent of the
Town Engineer after October 1st; speaking for the Belveron
Homeowners Association, he stated it looks like an invasion has
hit the hill; he felt the owners were trying to place themselves
in a position that would entitle them to an exemption to propeed
with their project.
\
\
Irv Schwartz, engineer for Perini project, stated he had met with
representatives of the Town Engineer's office and they would have
the additional work specified by the Town Engineer finished the
following day.
Mr. McLeod petitioned the Council to stop all work on the site.
John Collette, attorney for Perini Land & Development Company,
stated the winterization plan called for in condition 11 was
approved by the Town Engineer and the work has been done; there
is additional work being done now; the drainage system they are
installing is designed to work with paved roads with curbs and
gutters in place; the system picked up siltation and overflowed;
the risk of this problem re-occurring is certainly there; he had
previously indicated to the Council they didn't think the stop
work order was valid; they have asked for the legal basis the
stop work order was issued; they are concerned that a stop .work
order is now not advisable; not good for them, the Town or the
neighbors; there's a risk of reoccurence and feel if they are
forced to stop and not correct the problem they will look to the
Town to be reimbursed for further damages; the drainage system
cannot handle the flow in the current configuration; if they are
forced to stop, 'there will be significant additional costs,
erosion on the site and they will hold the Town responsible for
these costs. Mr. Collette asked Council to reconsider the stop
work order for the reasons stated.
Mr. Collette presented the Council with two letters which dealt
with a formal protest concerning the excessive exaction for
drainage assessments imposed at the time of the Tentative Map
approval and asked the Town to reimburse them $215,000 for cost
of improvements installed. The second letter stated there was no
legal basis for them to refrain from continuing to procees their
Tentative Map to a Final Map conclusion because the Tentative Map
they have can only be judged on the basis of the General Plan
that was in existence and the ordinances in existence at the time
TOWN COUNCIL MINUTES #713
November 26, 1985
P ag e 1
the Tentative Map was filed; they believed they were immuned to
any revisions to the General Plan and ordinances that may be
adopted following the conclusion of the moratorium, therefore,
there's no legal basis to refrain from continuing to file or
process their Final Map.
c. PUBLIC BEARINGS ~ BUSINESS ITEMS
1. URGENCY Jl)RATORIUM ORDINANCE
a. To Extend Current Moratorium Ordinance
The Town Manager stated the Council was allowed two extensions of
the current urgency moratorium ordinance; Staff recommends a 60-
day extension to allow-sufficient time for the Town Attorney to
prepare tAe proposed final:revised ~o~atorium ordinance. Council
agreed to extend the moratorium for 60~days and the Ordinance
reflected the extension date of January 25, 1986.
MOTION:
Moved:
Vote:
To read by title only
Spratling, seconded by Smith
AYES: Unanimous
The Mayor read ORDINANCE NO. 309 N.S., AN INTERIM ORDINANCE
EXTENDING ORDINANCE NO. 307. N.S., PROHIBITING ANY USES THAT MAY
BE IN CONFLICT WITH A CONTEMPLATED GENERAL PLAN AMENDMENT AND
ATTENDANT ZOING PROPOSALS PURSUANT TO CALIFORNIA GOVERNMENT CODE
SECTION 65858.
MOTION:
Moved:
Vote:
To adopt the aforementioned Ordinance No. 309 N.S.
Spratling, Seconded by Smith
AYES: Spratling, Coxhead, Smith, Bergmann
NOES: None
ABSENT: Wilson
b. To Set Public Hearing Date to Consider Ordinance to Prov~de
for Exemptions to the Moratorium
Council continued this matter to the December 4, 1985 meeting.
D. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Bergmann adjourned the meeting at 8:00 P.M., to
Executive Session to discuss pending litigation matters.
UjU..l.A..<~..J I ~ h '- L ~
VALERIE W. 'BiiG'MA~~~~
Town of Tiburon
ATTEST:
R. L.
TOWN COUNCIL MINUTES 4713
November 26, 1985
Page 2
MINUTES
ADJOURNED
'l'OWN COUNCIL
CALL TO ORDER
Mayor Bergmann called the adjourned meeting of the Town Council
of the Town of Tiburon to order at 7:40 P.M., Thursday, November
21, 1985, in the Music Room of Del Mar School, Tiburon,
California.
A. ROLL CALL
PRESENT:
COUNCILMEMBERS:
Spratling, Wilson, Coxhead,
Smith, Bergmann
ABSENT:
COUNCILMEMBERS:
None
EX-OFFICIO:
Town Manager Kleinert, Town
Attorney Ragghianti, Planning
Director Hanna, Town Engineer
Bala, Supt. of Public Works
Brunini, Chief of Police
Bailey, Planning Consultant
Pivo, Assistant Town Clerk
Hennessy
B. PUBLIC QUES'l'IONS AND COMMEN'l'S
Councilman Spratling restated the Council's previous action to
instruct the Town Engineer to issue a stop work order to the
Perini Lands & Development Company for work on their development.
John Collette, attorney for Perini Land & Development Company,
stated he had just heard of this action today; their position was
that they cannot legally be stopped at this point; the work is
being done pursuant to valid permits.
Town Attorney stated he had not read Mr. Collette's letter dated
November 21 and was not in a position to respond tonight.
Council agreed to stay with previous action.
C. PUBLIC BEARINGS' BUSINESS I'l'EMS
1. IN'l'ERIM URGENCY I<<>RA'l'ORIUM ORDINANCE (Continued Public
Hearing Regarding Moratorium and Provide Staff with Direction
Concerning Ordinance Extension and Exemptions)
The Planning Director reviewed the Staff Report. He noted that
the Agins property should be included as having their Final Map.
Mr. Pivo, Planning Consultant, reviewed his Staff Report which
outlined his Interim Growth Pause and Staging Program. He.
recommended that his system be applied in the County lands that
effect Tiburon Boulevard.
The Mayor opened the public hearing.
Rod Bessolo, 19'Paseo Mirasol, questioned the proposed allowance
of 45 units per year. Mr. Pivo responded that number was based
on rate of increase in the community that will not dramatically
alter the rate of change in the community; it responds to
concerns that the Town is growing too fast.
Michael Lieos, Benton Court, supported a moratorium that has some
teeth in it.
Mr. Strotz suggested public service buildings, churches and
schools should be exempted.
TOWN COUNCIL MINUTES #712
November 21, 1985
Page 1
Anna Stock asked if she would be able to convert a duplex to a
condo. The Mayor responded she would have the answer at the end
of the meeting when the Council discussed excemptions.
In response to Mary Terrell, Lower North Terrace, Mr. pivo stated
the projected figures did not include Point Tiburon.
Stan Hobbs, 1470 Vistazo West, asked what position developers
were put in if the Town had an absorption rate of twelve or 45
units a year.
Charles Ehrlich, owner of Lot 8 of Cibrian Subdivision,
questioned who would become the judge and make decisions under
Mr. Pivo's proposal.
Robert Friend called attention to the cold school room the
meeting was being held in and emphasized the School District's
need for realizing the money from the sale of their property.
Ron McIntyre, consultant representing The Innisfree Companies,
reiterated their request that the conditional use permits for
their commercial spaces be exempt from the moratorium.
David HOlkum, representing Federal Savings & Loan Insurance
Company, asked for an exemption for the Highlands Project due to
severe financial hardship.
John Collette, attorney representing Perini Land & Development
Co., asked for an exemption for their project; substantial work
had been done on-site for the benefit of the Town; they had paid,
and the Town accepted, fees for the processing of the Final Map.
Dusan Mills, development consultant to Highlands Project, asked
if Point Tiburon would be included in the proposed 45 units per
year allocation system. Mr. Pivo responded that if when th~y
looked at traffic conditions and the addition of Point Tiburon
would exceed the established traffic standards, permits would not
be issued until acceptable traffic standards were reached.
Mr. Mills stated he felt Tiburon was searching for a finding to
justify the moratorium.
Jean Ortaldo wanted to note for the record that legal notice was
filed on September 4 regarding the moratorium and Perini began
their construction after that date.
Branwell Fanning commended the Council's action in hiring a
consultant; reviewed previous moratoriums and agreed with the
Planning Director's formula for exemptions. Mr. Fanning asked
that Little Reed Park, which has a Final Map but is unrecorded,
be included in the calculations.
Bruno Venne, 3 lot subdivision, asked for an exemption and stated
he has Tentative Map approval and his Final Map was completed on
November 12.
Earl Topple, Taldan Corp., reminded Council that his client was
not a speculator but a homebuilder; subdivision homes are built
over a period of time; they were not opposed to some control;
suggested an exe~ption that would allow the development of homes
spread over a five year period; they could pay the School
District, their creditors and keep the project alive.
Karen Nygren asked that no development be allowed to proceed
until proper guidelines have been established; asked that
Blackie's Pasture park not be developed until a controlled
intersection is installed.
George Silvestri, attorney for Mr. & Mrs. Agins, asked for
clarification of the Planning Director's proposal.
TOWN COUNCIL MINUTES #712
November 21, 1985
Page 2
Michael Cassidy stated it was disturbing to hear developers offer
concessions and not hear any from proponents of the inititiave
moratorium petition; it will cost him $67,000 for a one-year
delay.
Renton Rolph, not speaking as Chairman of the Planning
Commission, stated ,he welcomed the moratorium and the opportunity
for long term planning.
Dave Williams, 1860 Centro West, asked for an exclusion for
upgrading and improving existing duplexes.
Rufus Thayer, 158 B1ackfield Drive, approved of the consultant's
proposal.
Representative from Tiburon Crest asked that there be an
exemption for developments that have met all the conditions for
the Final Map.
Bill Goldberg thought consultant's proposal was complex; agreed
with Staff's proposal; asked for exemption for those who had
Final Maps signed by the Town Engineer, were within an assessment
district where improvements have been completed to the benefit of
the public good.
Zev Ben-Simon, President of Taldan Corp., thought it was a very
sad moment that developers who have spent millions of dollars and
years of work processing their application have to beg for
exemptions; thought the developers and Council should work
together to create a reasonable growth control ordinance.
Neill Smith, Paradise Drive, recommended the consultant's
approach be taken.
Frank Denney, Sonoma Financial representing the Ring Mountain
development, stated they had made a signficant contribution to
open space and asked that the Town exempt the project.
Rod McLeod, Belveron, supported the consultant's proposal.
The Mayor closed the public hearing.
Councilman Spratling stated the purpose of the meeting was for
Council to decide whether or not to extend the urgency oratorium,
whether to modify it or to allow it to expire on November 30.
After discussion, it was the concensus of the Council to use Mr.
pivots recommendations as the framework for a growth control
moratorium ordinance and suggested the following changes:
1. The following land use entitlements may be permitted:
Add b.
The building permits for repairs to or remodeling of
existing commercial structures.
Change e. Additions and modifications of existing dwellings where
the same number of units remain.
Change f. Variances related to l.b and l.e above.
Add e, f, g and h from Urgency Ordinance.
Add Grading relating to activities on existing single
family residential lots (i.e., swimming pools, tennis
courts, accessory buildings.)
Add Permits for the construction and installation of water
tanks.
Add Projects which have vested rights and are currently
under construction.
TOWN COUNCIL MINUTES #712
November 21, 1985
Page 3
Add No more than 4 Second Units per year on a first come,
first served basis.
Change 2 No new applications should be accepted that involves
the subdivision of property.
Change 3 Last two sentences referring to environmentally
sensitive sites should be deleted from this paragraph.
Paragraphs 3 and 4 were reworded.
Paragraph 5 change "Peninsula" to "sphere of influence".
Mayor Bergmann asked Mr. Pivo to contact Mr. Eeels, Marin County
Transport~tion Coordinator:for traffic information.
The Council directed Staff to rewrite the proposal for further
consideration.
I. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Bergmann adjourned the meeting at 10:50 P.M., to
Tuesday, November 26, at 7:30 P.M., Hilarity Community Room to
consider extension of the moratorium ordinance.
CJaft~~ (A~
VALERIE W. BERGMANN, MA~ R
Town of Tiburon
TOWN COUNCIL MINUTES i712
November 21, 1985
Page 4
MINUTES
IfOWN OOUNCIL
CALL TO ORDER
Mayor Bergmann called the regular meeting of the Town Council of
the Town of Tiburon to order at 7:40 P.M., Wednesday, November
20, 1985, in the Hilarita Community Room, Tiburon, California.
A. BOLL CALL
PRESENT:
COUNCILMEMBERS:
Spratling, Wilson, Coxhead,
S..mi th, Bergmann
ABSENT:
COUNCI LMEMBERS :
None
EX-OFFICIO:
Town Manager Kleinert, Planning
Director Hanna, Town Engineer
Bala, Supt. of Public Works
Brunini, Chief of Police
Bailey, Assistant Town Clerk
Hennessy
B. APPOINTMENTS TO OOMMISSIONS. BOARDS, COMMITTEES
There were none.
D. COMMISSION AND OOMMITTEE ORAL REPORTS
E. PUBLIC QUESTIONS AIl1D ,COMMENTS
F. CONSENT CALENDAR
MOTION: To approve the Consent Calendar consisting of the
following items:
1. POLICE REPORT (October 1985)
2. TRAFFIC SAFETY REPORT (November 1985)
3. GILMARTIN DRIVE ASSESSMENT DISTRICT (Order Confirming Amended
Assessment)
4. ANNUAL TOWN APPROPRIATIONS LIMITATION (Establish FY-1985-86
Town Expenditure Limit As Required by State - Resolution)
5. NOTICES OF COMPLETION
a. 1985 Street Overlays - (Resolution)
b. Belveron Drainage - Stage I - (Resolution)
6. ORDER TO SHOW CAUSE - TREE COMPLAINT (420 Ridge Road - Set
Public Hearing for December 4, 1985
Moved: Spratling, Seconded by Wilson
Vote: AYES: Unanimous
The Council agreed with the Police Chief's recommendation to
install no parking signs along the bike path from Beach Road to
Mar West along Tiburon Boulevard.
G. PUBLIC BEARINGS' BUSINESS ITEMS
'I
7. CIBRIAN DEVELOPMENT (Reconsider Amendment to Agreement
Regarding Water Tank)
The Planning Director reviewed the Staff report. The developer
has proposed an alternative to the installation of a water tank
in that he would install water pumps for the eight homes above
the 200' elevation, if this was feasible. In response to
Councilman Spratling, the Town Engineer stated the water pumps
could be modulated to the same pressure as a water tank. The
Town Engineer asked that this matter be referred to the Water
TOWN COUNCIL MINUTES 1711
November 20, 1985
P ag e 1
District since they owned the pipes and they should deal with the
technical problems.
Mr. Abaass Barzgar stated he felt they had complied with the
requirements of the Subdivision Agreement; the water pipes on the
Paradise Drive side were approved by the water district; the 11
homes being propo~ed should not reduce water pressure. Mr.
Barzgar stated that originally four lots were withheld due to a
traffic problem; when an alternate route was found, an agreement
was reached that in exchange for four lots the developer would
install a water tank. Mr. Barzgar enumerated the improvements
that had been made to-date. He stated they were waiting for the
Ring Mountain Development to give them permission to use their
property or for the Town to provide a site for the installation
of the wa~er tank. Mr. Ba~zgar ha~ a letter from the Water
District that stated water pumps on each site would alleviate the
water pressure problem; depending on costs, he offered to provide
water pressure pumps to the homes above the 200' elevation. Mr.
Barzgar requested that Lots 8 and 10 be given their building
permits.
Discussion ensued regarding the Water District's calculations.
The Town Engineer asked that the Fire District be contacted if
the Subdivision Agreement is to be modified.
The Mayor opened the public hearing.
Polly Smith, 10 Barner Lane, stated the residents of the area had
signed a petition to ask the Town to start immediately with the
construction of a big pressure water tank.
Discussion ensued regarding the Subdivision Agreement condition
which required the installation of a water tank by June 30,
1985. Mrs. Smith stated residents agreed to additional lots for
the subdivision in exchange for the installation of the water
tank. She stated residents were dismayed that Lot 8 was given a
variance; no legal notices had been circulated; requested that no
building permits be allowed for Lots 8 and 10.
Discussion ensued regarding a proposed water tank site on the
Ring Mountain property and what alternative solutions might be
implemented if this site was not available.
Sandra Leistner, Taylor Road, read a letter from Janet Fowle of
Taylor Road which stated she had been left without water pressure
several times during the past six months and asked that
construction be halted until a solution is found. Mrs. Leistner
presented the petition to the Mayor requesting the installation
of the water tank and reviewed correspondence from Mr. Erhlich
and the Water District and asked why she was unable to obtain a
copy of the public report from the Department of Real ~state.
Sam Miller, 90 Barner Lane, stated his request for a 2,UOO sq.
ft. addition to his home required the installation of a $5,000
sprinkler system which seemed ludicrous if there was no water
available in case of a fire.
The Planning Director stated that had the Town required a bond to
insure the installation of the water tank then none of the lots
would have been encumbered. He also stated he would speak to the
Department of Real Estate to obtain a copy of the public report
for the Cibrian Subdivision.
Bill Davoren stated the area also had a sewerage problem and it
was essential to get the water tank built.
John Gallagher, Taylor Road, 24 year resident, stated the water
pressure had dropped about 5% during the years.
Mrs. Smith suggested the Nature Conservancy parcel as a possible
alternate site.
TOWN COUNCIL MINUTES 1711
November 20, 1985
Page 2
Susan Haller, representing the Munseys of Barner Lane, didn't
think a water pump would be a good solution.
Charles Erhlich, owner of Lot 8, stated he was faced with a
Capital Gains loss if unable to build his home.
Council agreed that water pumps would be insufficient due to fire
hazards and that a water tank was needed; Council directed, per
the Cibrian Subdivision Agreement, page 5, for Staff to give
developer written notice the Town wants the water tank
constructed by June 30~ 1986.
Councilman Spratling asked the Town Attorney what mitigating
measures the Town could require of the developer to reduce the
impact of. reduced water pressure during construction ,with respect
to the possibility of requiring the developer to place a water
tank on the developer's property for the developer's use and not
allow the use of the water main if construction is allowed.
Council Spratling requested that in the event Mr. Ehrlich is
given a building permit, the Town shall not issue an occupancy
permit until the water tank is installed.
Council directed Staff to contact the Water District and have a
representative present at the next meeting.
MOTION:
To adopt Staff recommendations as outlined in the
Staff report in addition to those suggested by Council
and Town Engineer and while this matter is under
consideration, Staff be instructed that no building
permits in the area that would impact the water pressure
be issued.
Wilson, Seconded by Smith
AYES: Unanimous
Moved:
Vote:
Vice-Mayor Coxhead requested that the design of the water tapk go
through the Design Review process for siting and landscaping.
8. LOW/MODERATE INCOME HOUSING POLICY (Status Report from
Housing Consultant)
The Planning Director reviewed the Staff report. Council
appointed a Housing Committee which consisted of the Consultant
Dick Blood-Bornholdt, Helen Benedict, Dennis Rockey, Joan
Bergsund and himself. After several meetings, the Committee
recommended Council adopt a Housing Ordinance and a priority
system for projects the Town would have an interest in such as
Point Tiburon's required 20 low/moderate income housing units.
Mr. Blood-Bornholdt stated an ordinance would establish Council's
policy and the County ordinance could be used as a model. The
Planning Director stated he felt it was necessary to have a
method of requiring low/moderate income units in ordinance form.
The Mayor opened the public hearing.
Councilman Spratling emphasized Council's concern that Staff
concenstrate their time and efforts on the moratorium issue as
their top priority.
Dennis Rockey asked that the Housing Consultant share most of the
burden to promulgate the ordinance and shepherd it through the
Planning Commission; thought the ordinance should be a reflection
of the Town's Housing Element of the General Plan. Helen
Benedict agreed.
The Mayor closed the public hearing.
Councilman Wilson expressed concern regarding Policy
Considerations and Recommendations Item 3, reference to
"dispersed throughout the project" and "size" which might
TOWN COUNCIL MINUTES 4711
November 20, 1985
Page 3
preclude good architecture. Council agreed use of the word
"integrated" would be more appropriate: Item 6, insert word
"total" to read: "...increase the total number of units".
MOTION:
Move:
Vote:
To adopt the Staff recommendations
Spratling, Seconded by Smith
AYES: Unanimous
9. MAIN STREET PROPERTIES' PARKING AREAS (Consider Granting
Three Temporary Use Permits - Resolution)
The Planning Director reviewed the Staff report.
Keith Morrison, representing Main Street Properties, stated it
was impor~ant to have a one year peImit for insurance purposes
and he would be happy to submit a lighting design to Design
Review Board or Staff.
The Mayor opened the public hearing.
Don Batten, former Chairman of the Downtown Parking Committee,
reiterated their support of permanent parking lots in these three
locations.
Ross Henry, Chief of the Planning Division of the State Parks &
Recreation Department, stated access to Angel Island has been
traditionally through Tiburon: they had looked at other sites to
relieve pressure and the Red & White fleet was currently
providing service: the Golden Gate will provide service from
Larkspur when the East Bay Garrison is completed: also working on
service from the East Bay: part of their responsibility is to
provide access to Angel Island and he was here to ask the Town
Council to assist them and they felt these parking lots remove
visitors from the center of the Town: felt it was critical this
opportunity be provided the public; they solicite the Counci~'s
support.
In response to Councilman Spratling, Mr. Henry stated that
although they are looking at alternate sites, there would still
be a need for service out of Tiburon for their personnel and
equipment as well as the public.
Mayor Bergmann stated the Town has requested their State Senator
and Assemblyman to assist in providing alternate sites due to the
increased traffic and trash problems anticipated with the
expansion of Angel Island.
Mr. Henry stated they were not looking for increased use of
Tiburon's access but to replace parking spaces lost due to
downtown construction.
Steve Sears, President of the Chamber of Commerce, supported the
application; stated there was a parking shortage; denial of
permits for the Mar West lot would have a disasterous effect on
the business community; business community was represented at the
meeting and they wanted parking spaces for their customers.
Jim Douglas, six year resident and downtown businessman,
supported the application for three temporary parking lots.
Geogina Stout ag~eed and stated we must encourage local residents
to patronize the local businesses.
The Mayor closed the public hearing.
Councilman Spratling stated he thought the Council should support
the application but that by granting this temporary use permit
the Council did not imply that these would become permanent
parking lots.
TOWN COUNCIL MINUTES 1711
November 20, 1985
Page 4
MOTION:
To add an additional finding (D) to state: The Town has
advised Main Street Properties that the Council action
conveys no rights whatsoever with respect to use of the
subject properties as permanent parking lots, and to
approve the Resolution Granting a Temporary Use Permit
for Three Parking Lots Owned by Main Street Properties.
Spratling, Seconded by Wilson
AYES: Unanimous
Moved:
Vote:
Vice-Mayor Coxhead thanked Mr. Henry for appearing before the
Council and expressed appreciation for his Department's
cooperation in finding alternate routes to Angel Island.
10. APPEAL OF DESIGN REVIEW BOARD DECISION (131 Esperanza -
Duplex Building)
The Planning Director reviewed the, Staff report and the basis for
denial by the Design Review Board.
The Mayor opened the public hearing.
Mr. Russ Heacox, 1325 Mar West, applicant showed aerial photos
taken on September 11, 1985 for the purpose of showing relative
size of existing houses in the area. Mr. Heacox stated he had a
larger lot than most lots in the area; didn't think the house was
too massive nor out of character with the neighborhood.
Alan Mayer, attorney for Mr. Heacox stated the Council had asked
the Design Review Board to specify its findings; unfortunately
the Chairman said lets just adopt the findings from our previous
meetings; no further specifications were given; as a review board
they had the power to act reasonably and objectively but not
arbitrarily. Mr. Mayer stated that Mr. Heacox had a right to
build a house; his house fulfills all the legal requirements; he
was removing a dilapidated house which would then increase ~he
value of the neighborhood.
Mr. von Lackum, neighbor, stated this application has gone on for
ten months and very little has changed; three Board members have
stated repeatedly that the house was too bulky, massive and not
architecturally acceptable.
Nat Marans, representing, LCOTPOA, stated the house is too
massive on that size lot; the homeowner's association has
repeatedly asked for a floor area ratio ordinance to control lot
coverage; the Town needed some sort of parameters to control home
building and to give guidelines to architects.
Mr. Mayer stated the Town had guidelines, the house does not
exceed what Mr. Heacox was told he could build on that lot.
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The Mayor closed the public hearing.
Councilman Wilson stated he thought the Design Review Board had
done what the Council asked of them and that was to take a vote
with a larger number present; thought they were quite specific
with their findings.
Councilman Smith stated he was disappointed with the outcome of
the decision; took note that the vote was 3-2 and thought the
findings were objective and happened to disagree with the vote;
he was persuaded by the arguments that the house fits the
neighborhood and thought Mr. Heacox had tried to accommodate his
neighbors; he would vote to uphold their right to build this
house on this lot.
Vice-MayorCoxhead reviewed the length and width of the house and
lot and stated he had hoped there would have been more proposed
changes other than the deletion of the loft and thought as an
architectural feature the loft was interesting. Did agree with
TOWN COUNCIL MINUTES 1711
November 20, 1985
Page 5
the Design Review Board findings; thought the house was too
massive and out of character; the footprint did not connote the
mass and bulk; the proposal was for over 5,000 sq. ft. of house;
he would have to vote to deny the appeal.
Councilman Spratling stated he would have to agree with the
Board; when the Council receives a recommendation from an
advisory board there has to be a strong case to overturn it;
didn't think findings were arbitrary; would support the Board.
Mayor Bergmann stated she was sorry the applicant wasn't able to
make more changes that might have made it fit into the
neighborhood better; the perception of congestion is of concern
to the homeowers in that area; she would up-hold the Board's
decision. .
MOTION:
Moved:
Vote:
To up-hold the Design Review Board decision
Wilson, Seconded by Coxhead
AYES: Spratling, Wilson, Coxhead, Bergmann
NOES: Smith
11. MASTER PLAN EXTENSION (39 Main Street, National Emergency
Services)
Council waived the Staff report.
MOTION: To extend Master Plan approval for an additional two
years to November 19, 1987.
Moved: Spratling, Seconded by Smith
Vote: AYES: Unanimous
12. ANIMAL CONTROL ORDINANCE AMENDMENT (Waiver of Fees for
Seniors - Ordinance, 1st Reading)
Council waived Staff report.
MOTION:
Moved:
Vote:
To read by title only.
Wilson, Seconded by Spratling
AYES: Unanimous
The Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON AMENDING THE TOWN'S ANIMAL CONTROL ORDINANCE BY ADOPTING
BY REFERENCE AMENDMENTS TO THE MARIN COUNTY ANIMAL CONTROL CODE.
MOTION:
Moved:
Vote:
To pass first reading of the aforementioned Ordinance.
Wilson, Seconded by Spratling
AYES: Spratling, Wilson, Coxhead, Smith, Bergmann
B. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS
a. Ltr. from Mr. Perlmutter to Town Manager Requesting No
Parking Along Tiburon Boulevard, dtd. 11-4-85
The Town Manager stated he shared Mr. Perlmutter's concern.
regarding large trucks parking along Tiburon Boulevard. Council
directed Staff to pursue "no parking" request with CAL/TRANS and
return to Council with appropriate Resolution for implementation.
b. Ltr. from Mr. & Mrs. Carl Weichel to Town Council Requesting
Removal of Tree Opposite 835 Tiburon Boulevard, dtd. 10-22-85
Town Manager to contact Mr. & Mrs. Weichel regarding Town's
policy.
TOWN COUNCIL MINUTES *711
November 20, 1985
Page 6
c. Tiburon Blvd./Trestle Glen Intersection Signalization (Town
Manager Oral Comments & Recommendation Regarding Pedestrian
Walkway at Blackie's Pasture)
There was brief discussion and the Town Council authorized Town
Engineer to proceed with the pedestrian crossing to satisfy
CAL/TRANS requirements.
I. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Bergmann adjourned the meeting at 11:30 P.M., to
Thursday, November 21, at 7:30 P.M., Music Room of Del Mar School
to discuss moratorium extension and/or exemptions.
~~E~
Town of Tiburon
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TOWN COUNCIL MINUTES 1711
November 20, 1985
Page 7
MINUTES
TOWN OOUNCIL
CALL TO ORDER
Mayor Bergmann called the adjourned meeting of the Town Council
of the Town of Tiburon to order at 7:40 P.M., Tuesday, November
12, 1985, in the Del Mar School Music Room, Tiburon, California.
A. ROLL CALL
PRESENT: COUNCILMEMBERS:
Spratling, Coxhead, Smith, Bergmann
ABSENT: COUNCILMEMBERS:
Wilson
EX OFFICIO:
Town Manager Kleinert, Town Attorney
Ragghianti, Planning Director Hanna,
Town Engineer Bala, Chief of Police
Bailey, Associate Planner Chafin,
Superintendent of Public Works
Brunini, Assistant Town Clerk
Hennessy
B. PUBLIC QUESTIONS AND WMMENTS
Mr. Don Batten accepted his appointment to another term of office
as the Town's representative on the Marin/Sonoma Mosquito
Abatement Board.
C. PUBLIC BEARINGS & BUS INESS ITEMS
1. ACCEPTANCE OF GIFT DEED - ZELINSKY FAMILY (Mar West and
Tiburon Boulevard Parcel - Resolution)
The Town Manager stated the Zelinsky family was dedicating a
parcel of property of approximately 30,000 sq. ft. located at the
corner of Mar West and Tiburon Boulevard to the Town for public
purposes.
Ed Zelinsky stated on behalf of his father Fred Zelinsky, his
mother Juanita Zelinsky, his sister Barbara Abrams and her
husband, Dr. Alan Abrams, and his wife Leila, he was pleased to
present to the Town a gift of the Mar West property.
In accepting the Gift Deed, Mayor Bergmann thanked the Zelinsky
family and promised the Town would take very good care of it.
Moved:
Vote:
To approve Resolution No. 2356, A Resolution of The
Town Council of the Town of Tiburon Accepting Zelinsky
Deed of Gift
Spratling, Seconded by Smith
AYES: Unanimous
MOTION:
2. 101 OORRIDOR TRAFFIC STUDY & IMPROVEMENTS
Mayor Bergmann introduced John Eells, Marin County Transportation
Coordinator, who would be present to respond to questions.
3. INTERIM URGENCY K)RATORIUM ORDINANCE (Consider Ordinance
Extension and Exemptions)
The Town Manager stated the urgency moratorium ordinance adopted
by the Town Council on October 16 would expire on November 30.
The Council's intention was to initiate a review of the Town's
General Plan, primarily the Land Use and Circulation Elements.
The Town would like any appropriate amendments to the General
Plan adopted by next Spring. Tonight's hearing was to listen to
testimony as to whether an extension of the moratorium ordinance
TOWN COUNCIL MINUTES #710
November 12, 1985
Page 1
is appropriate, and if it is, which properties should be included
or exempted from the moratorium. The Town Manager urged all
persons to briefly comment on their feelings regarding a
moratorium and their recommendations. Staff has received a
tremendous amount of letters and phone calls regarding the
. moratorium and requests for exemptions.
The Town Manager introduced the newly retained consultant, Gary
Pivo of Pivo & Associates, who specializes in city planning and
environmental issues.
Mr. pivo commended the Council, citizens, Staff, and businesses
of Tiburon in having the foresight to recognize the need to look
to the future and do an adequate job to plan for the growth in
Tiburon; he appreciated th~ trust placed in him and would work
with his Staff to take a look at the Town's General Plan focusing
on the Land Use and Circulation aspects to determine what needs
to be up-dated, new information and possible new policies for
consideration by the Town Council and Planning Commission. Mr.
Pivo stated he would be holding open house to receive input from
everybody and hoped to hear comments in particular regarding the
first task to determine what kind of development regulations need
to be in place between now and next Spring during the planning
process; what should the Town be doing in the interim to regulate
growth so that the Town will have the time to do a good job with
the General Plan studies and up-date.
The Mayor opened the public hearing.
Michael Cassidy reviewed his understanding of the moratorium
issue; quoted from September 9, 1985 letter written by Fran
Mayberry; requested single family construction be exempted from
the moratorium.
Don Batten, President Belveron Homeowners Association, state9 the
intent of the moratorium petition was to include single family
residences; thought a continued moratorium was necessary to
provide time for Council to study the issues further.
George Silvestri, attorney for Mr. and Mrs. Agins reviewed his
previously submitted letter dated October 24 and asked that the
moratorium ordinance be modified to change "building permits may
be issued by the Town on existing lots of record" to "Final Maps
recorded or approved by the Town". Mr. Silvestri stated that
since this letter had been written, the Agins had recorded their
Final Map.
Robert Ross, 16 Reed Ranch Road, asked if a decision has already
been made to continue the moratorium.
Councilman Spratling responded that the Council was going to
undertake action to look at possible revisions of various
elements of the existing General Plan and hoped to be able to do
it by Spring; the Council was asking for input from the public so
that Staff and the consultant could make recommendations for
Council's decision on November 21 to establish rules whether the
urgency ordinance continues unaltered, changed or with exemptions
in order to deal with the period between now and the Spring.
Brian Chapman, Ecumenical Association for Housing, asked that the
moratorium exempt low/moderate affordable housing units and
second units.
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Virginia Brunini, President Bel Aire Homeowners Association,
stated her community was concerned about traffic impacts and
hoped the study would address this area.
TOWN COUNCIL MINUTES 1710
November 12, 1985
Page 2
Anne Gigounas, parent of three children in the RUSD, asked that
the Council consider both sides of the issue; if the School
District loses the sale of the Vista Tiburon property the
consequences will be dire; asked Council to consider what in the
long run will have the most negative effect on the community; the
construction of 34 homes on the Vista Tiburon site against a
school system tha~ will inevitably deteriorate without necessary
funds; asked that the Council exclude any school district
property from a moratorium in which the sale of the property will
be in jeopardy.
Dick Johnson, parent of three children in the RUSD, ten year
resident of Tiburon, Chairman of the Tiburon Peninsula Foundation
Fund Raising Committee stated they were currently raising
$100,000 to support the school syst~m; the financial position is
extremely precarious; it took nine (9) years to sell the Reedland
Woods property; it is essential the School District receive the
funds from the proposed sale; asked Council to exempt any school
district property from a moratorium.
Neill Smith thought the moratorium proponents made a mistake in
proposing it as a health and safety issue; thougth it was a
traffic issue and he had made some informal studies of traffic on
Tiburon Boulevard which showed little impact; the problem was on
Highway 101; thought issue of pedestrian crossing on Tiburon
Boulevard needed to be addressed separately; stated there's a
limit to amount of change and speed that is acceptable to a
community and Tiburon has exceeded the limit; issues to be
considered were scale, timing, design and commitment to
excellence; stated the Town should look at impacts and those that
have the greatest impacts; suggested phasing large projects into
15 unit phases; a two year moatorium would delay significant
analysis of the problem.
David WeIner, Bel Aire resident, read petition signed by .
residents against the Highlands project; felt the real problem
was the cumulative effect of construction in Tiburon; asked that
the consultant consider a catastrophic occurence in conjunction
with traffic problems; asked that the consultant study traffic
flow now, at build-out and in an emergency. Mr. WeIner also
stated that the amended EIR for the Highlands Project predicted
Level F of traffic service at buildout.
Michael Leosi, new resident of Benton Court, was in favor of the
moratorium and expressed concern about future of Tiburon; asked
why the Perini project continued construction during moratorium.
The Planning Director stated the grading permit for the Perini
project was issued prior to the enactment of the moratorium
ordinance; the applicant's option is to proceed with these
improvements.
Dale Kaplan, Co-Chairman of the Tiburon Peninsual Foundation
Education Committee, stated they worked very hard to raise money
for the District's operating budget; the school system is a'part
of Tiburon and needs the money from the sale of the property;
didn't think 34 homes would have that great an impact; asked
Council to consider the future of Tiburon and the need for a
strong school District; there's a good chance Tiburon would have
to merge with anQther school district and the children might have
to be bussed.
Dusan Mills, representing Tiburon Highlands project, stated the
petition referred to was solicited prior to the Planning
Commission meeting; the references to the traffic in the EIR were
correct; the consultant indicated if the project was built it
wouldn't make any significant difference to traffic; the
consultant did indicate that if all 27 proposed projects in
Tiburon, Strawberry and Mill Valley were built without mitigating
traffic measures there would be a traffic impact; thought it was
TOWN COUNCIL MINUTES i7l0
November 12, 1985
Page 3
unfair for someone to indicate the Tiburon Highlands project
would create a disaster on Tiburon Boulevard; urged Council to
consider the letter he submitted; asked that low income housing
units be exempted; asked if the Council had any assurance that
the community will reach a logical rationale conclusion that will
be acceptable by the Town.
Frank Denny, Financial Development Corp., asked for exmption for
the Ring Mountain Development; they had gone through a lengthly
and expensive process; 90% of their property was donated to open
space, they contributed a water tank, slope stabilization and low
income housing; had an executed Development Agreement.
Miriam Bodian, Round Hill Road, asked Council to consider
individual applications for: exemptions using criteria. such as
whether the location was within walking distance to Town, give
weight and value to open space; also asked Council to spare the
initial expense of individual property owners and not require
soils reports and typographical maps.
Jack Gaines, Comstock Drive, asked for exemption for second
units.
Fran Mayberry thanked those who have been circulating petitions
for a ballot measure; they are just as concerned about the
children of the community, their educational facilities and the
quality of life in Tiburon; concerned about being inundated with
a tremendous number of units and didn't think Town could
accommodate that many units at the same time; asked Mr. Pivo if
he planned to have a traffic study done.
Mr. Pivo stated a study would be performed within the next ten
days and a buildout projection will be done.
Mrs. Mayberry stated the petitioners wanted to see something"done
to protect Tiburon and didn't see it being done; if they had" some
assurance that the Town was going to come up with a very rational
approach to development, she thought they would be much more
sympathetic with the Council's actions. Mrs. Mayberry asked the
status of the survey of undeveloped parcels.
The Planning Director responded that this study would take place
after the moratorium hearings were concluded.
Carol Forell, 18 year resident, School Board member for four
years, stated the School District has managed to achieve
excellence through the work of its employees, its Board and
community support; District needs money from the sale of the
former Reedland Woods School site; asked that the Taldan (Vista
Tiburon) development be exempted.
Bill GOldberg, owner of 8 lots off Gilmartin Drive, presented
Council with a picture of the property when a dangerous ravine
existed; a picture depicting improvements as a result of the
Gilmartin Drive Assessment District improvements; stated the
whole middle ridge had been eroding down Gilmartin Drive; he
enumerated other improvements of the Assessment District; he
completed all necessary improvements for his Final Map which had
been signed by Town Engineer and was being processed when the
moratorium was enacted. He asked for exemption for his property.
Harold Talber, Counsel for Taldan Corporation, stated one cannot
expect a developer to continue to pay the School District
$160,000 per year when the project is at a dead halt; Taldan
property was annexed to the Town and they did not oppose the
annexation; if Taldan had elected to remain in the County, the
density would not have been as low; fees would have been less and
the project would probably be underway; everything heard out of
TOWN COUNCIL MINUTES #710
November 12, 1985
Page 4
concern for the School District is legitimate; this project has
already been extensively studied; EIR concluded no substantial
impacts; asked that the development be exempted.
Rod McLeod, Belveron Gardens, stated he was concerned with the
quality of life in Tiburon; asked school District what they would
do for money in 1990 when they will need money again; all these
projects will have children; two sites being considered are
school district properties; where will new schools be built for
the new residents; didn't think developers wanted to give
residents any consideration.
Mr. Sommer, Hillcrest Road, purchased property in 1972, submitted
Tentative Map in 1984; on the verge of final hearing with the
Planning Commission when the moratoxium was enacted; asked for
exemption of his application; reviewed hardship in developing
property.
Sue Morris, former RUSD Board member and current Trustee for
Tamalpais High School District, stated the Tamalpais School
District did not have funds that will enable them to continue
with high standard of education they wish to provide without
realizing value from the sale of the property to Perini; they
receive approximately $150,000 per year in interest and at the
conclusion of the project, the School District hopes to realize
the full sale of $1.6 million; urged the Council to exempt the
Perini property from the moratorium.
John Collette, Counsel for Perini Land & Development Company,
stated the issue as he understood it was what is the fair and
reasonable thing to do; Perini acquired the property while
relying on the General Plan which was adopted by the community;
this Plan was held out to investors and property owners to tell
them what they could and could not do with their property; Perini
has spent $800,000 during the course of the review process f9r
engineering fees, EIR and design fees; no variance or deviations
from the General Plan were requested; developer agreed to
dedicate half of the property to open space; agreed to pay
$180,000 for drainage improvements over and above Perini's fair
share of contributions; $2.8 million is the purchase price;
$600,000 has been spent on site improvements; there's no way they
can stop the development without incurring loss; carrying costs
are over $500,000 per year; propose that an exemption be granted
for this project.
Rufus Thayer, 158 Blackfield Drive, urged continuation of the
moratorium to establish plan for future facility growth; asked
Council to consider cumulative impact of developments on traffic;
asked why Taldan developers would annex to the Town if they
thought they could do better with the County; urged Council to
continue moratorium to allow time to develop a comprehensive plan
of action and proceed with that plan.
Ken Kurtzman, architect and resident, stated there is an
assumption that exemptions are required due to a continued
moratorium; study should go ahead but in fairness to those who
have acted in good faith they should be allowed to continue with
their projects.
Charles Uhrlich,"owns lot on Paradise Drive, has received Design
Review approval; has applied for a building permit; during the
Design Review process they were asked to do something for the
neighbors views so the plans were redone which delayed their
project; they also want to donate some of their property to the
Nature Conservancy; asked his lot be exempted.
TOWN COUNCIL MINUTES i710
November 12, 1985
Page 5
Phil Richardson stated the General Plan establishes a value on a
piece of property; if the Town downzones property everyone who
owns property will lose; thought everyone should move together to
solve the perceived problems but it would be injurious to move in
direction of removing value from land and injurious to stop a
legitimate building process people are involved in in Tiburon.
David Thompson, 61 Reed Ranch Road, supported continuation of the
moratorium until Council has developed plan that satisfies long
term growth requirements.
Karen Nygren stated the main problem is traffic and the
conditions these projects will create; asked Council to direct
Planning Commission to ~ddress vacant lots; asked how buildout
would affect traffic on 1011 moratori~m is asking for temporary
halt; we need the facts; once the study is done we can go
forward; standards are not adequate to preserve the quality of
life the citizens want; Final Maps were approved under standards
which were incorrect; there's no question some people will be
inconvenienced; we ask that the developers recognize our traffic
problems and be patient.
Mr. Kuhns, owner of three lots, has Master Plan approval; was
before Design Review Board; asked for exemption under financial
hardship; 20% of his land to be donated to open space.
Bob Levine, resident of Belvedere, member of Kol Shofar, stated
quality of life means different things to different people; asked
that Vista Tiburon be exempted.
Jean Ortalda, 14 Paseo Mirasol, stated the General Plan is ten
years old and they expected full build-out to be 8 or 9,000
people; the Town has reached that number now; asked for a water
study for the entire area.
Nat Marans, Spanish Trail, enumerated changes in the zoning bf
property since the General Plan, i.e., Hilarita and second units;
thought density of current developments could be cut in half;
asked Consultant to study traffic impacts.
Rod Bessolo thanked Council for proceeding with the tempora~y
moratorium and necessary studies; asked Council to consider 101
situation; length of time it will take to study the General Plan;
thought it would be difficult to study two elements of the
General Plan by the end of March; these elements will have to be
consistent with the remaining elements and if not there will be
challenges to whatever actions you take; thought the Council
needed time to make it all consistent and to do a good job; when
the petitoners were writing the initiative proposal, their legal
advice was not to allow exemptions.
Kirk Hanson, former Mayor, stated when he served on the Council,
they had their hands full and didn't address up-dating the
General Plan; Tiburon's population has increased to 8,000 due to
recent annexation; Council was reacting to moratorium petition,
however, a moratorium is denying people of their vested rights;
litigation has created a tremendous burden on the General Fund;
asked out of fairness to the people who have vested rights that
they be allowed to continue while the General Plan review is in
progess and asked the petitioners to hold off moratorium
initiative until after the General Plan review has been
completed.
Ted Kreines, 58 Paseo Mirasol, expressed doubts that the two
General Plan elements could be studied within six months; these
elements must tie together with the General Plan which is a much
longer and expensive effort; if the Town tries to amend the
Geneal Plan piecemeal it might present a target and more exposure
than vested rights issue; allot the time and budget necesssary to
do it right.
TOWN COUNCIL MINUTES i710
November 12, 1985
Page 6
Stan Dick, representing Kol Shofar, has worked with the School
District for four years to acquire their site; asked that Vista
Tiburon be exempted.
The Mayor closed the public hearing.
D. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Bergmann adjourned the meeting at 10:55 P.M. sine
die.
(~~"., .)
VALERIE W. BERGMANN, YOR
ATTEST:
TOWN COUNCIL MINUTES #710
November 12, 1985
Page 7
MINUTES
CALL TO ORDER
'lOWN COUNCIL
Mayor Bergmann called the regular meeting of the Town Council of
the Town of Tiburon to order at 7:40 P.M., Wednesday, November 6,
1985, in the Hilarita Community Room, Tiburon, California.
PRESENT:
ABSENT:
A. BOLL CALL
COUNCILMElVlBERS:
Spratling, Coxhead, Smith,
B_e r gmann
Wilson
COUNCILME1~ERS :
EX-Oli'FICIO:
Town Manager Kleinert, Planning
Director Hanna, Town Engineer
Ba1a, Supt. of Public Works
Brunini, Chief of Police
Bailey, Acting Minute Clerk
Stultz
B. APPROVAL OF MINUTES
#707, October 2, 1985
MOTION:
Moved:
Vote:
To approve Minutes #707 as presented
Coxhead, Seconded Spratling
AYES: Spratling, Coxhead, Smith, Bergmann
ABSENT: Wilson
#708, October 16, 1985
MO'l'ION:
Moved:
Vote:
To approve Minutes 4708 as presented
Spratling, Seconded Coxhead
AYES: Spratling, Coxhead, Smith, Bergmann
ABSENT: Wilson
c.
APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES
Mayor Bergmann announced that Robert Marcus is resigning as
Tiburon's representative on the Marin County Area Agency on Aging
Commission. Mayor Bergmann recommended the appointment of Mary
Rogers to fill Mr. Marcus' vacancy.
MOTION:
Moved:
Vote:
To appoint Mary Rogers as Tiburon representative on
the Marin County Area Agency on Aging Commission
Spratling, Seconded Smith
AYES: Spratling, Coxhead, Smith, Bergmann
ABSENT: Wilson
Mayor Bergmann announced that Don Batten's term on the
Marin/Sonoma Mosquito Abatement District Board will expire on
December 31, 1985.
MOTION:
Moved:
Vote:
To reappoint Don Batten as Tiburon's representative
to the Marin/Sonoma Mosquito Abatement District
Coxhead, Seconded Spratling
AYES: Spratling, Coxhead, Smith, Bergmann
ABSENT: Wilson
D. COMMISSION AND COMMIT'l'EE ORAL REPORTS
Mayor Bergmann reported on her recent attendance at the MCCMC
CATV Master Agreement meeting. The Committee, comprised of Marin
councilmembers and city managers, is negotiating with Viacom for
a master franchise agreement which the Committee hopes to be in
place by the end of the year.
TOWN COUNCIL MINUTES #709
NOVEMBER 6, 1985
PAGE 1
Mayor Bergmann also reported on a meeting with Councilman
Coxhead, Town Manager Kleinert, Supervisor Aramburu and Sharon
Hammer regarding the ideal situation for a library in Tiburon
should space become available. Recommendations will be
forthcoming.
Councilman Spratling reported that the Lands and Development
Committee, Planning Director Hanna and Town Attorney Ragghianti
met with representatives of the Perini Land Company on Friday,
November 1, 1985, for the purpose of reviewing proposals they
have regarding the moratorium. Councilman Spratling noted this
project has started construction and building improvements to the
benefit of the neighborhood. He stated Perini Land Company
offered various proposals for consideration at the meeting, but
there were no resolutions, ~understandings or any agre,ements made
at the meeting.
Mr. Al Kuhn, Chairman of the Belevdere/Tiburon Parking and
Transportation Advisory Committee presented the Committee's
recommendations. Mr. Kuhn stressed the Committee's
recommendation that the Town facilitate the development of the
Mar West lot prior to winter. The lot owned by Main Street
Properties needs to be winterized. Mr. Kuhn stated the
commencement of the Belvedere residential parking sticker program
will impact available parking in downtown Tiburon, therefore, the
urgent need for more parking. Discussion by Council and staff
took place regarding lighting of the Mar West parking lot, noting
lighting will have to be carefully reviewed.
Councilman Spratling expressed his support of the Advisory
Committee's recommendations, with the exception that Council
should consider a temporary use permit for the lot for six (6)
months instead of one (1) year. Councilman Spratling stated the
Town is in a state of flux in respect to parking and what is
going to happen to the downtown developments. He stated the,Town
does not know what is going to happen with Point Tiburon with
respect to their permanent parking in one year from now and
recommended granting six month use permits for temporary parking
lots.
Councilmen Coxhead and Smith expressed their support of the
Parking Committees' recommendations and support a one year
temporary use permit.
Council agendized this matter for the November 20, 1985 regular
Council meeting.
Councilman Sprating thanked Mr. Kuhn for his special
contributions in chairing the Town Open Space Committee and the
Parking Advisory Committee.
Mr. Keith Morrison, Main Street Properties, expressed his desire
for a year-to-year renewable use permit noting various
difficulties in insuring a parking lot for only six months.. He
also requested that Main Street Properties be able to count
spaces in its temporary lots to fulfill permanent parking
requirements required of Main Street Properties through expansion
of its uses or properties. He also stated he would not recommend
improving the Mar West lot for winter use if Main Street
Properties was g'ranted a permit for six months only.
Councilman Spratling stated the Town could not allow spaces in
the temporary lots to be used to fulfill Main Street Properties
parking requirements for expansion of its uses. He noted if the
Town counted the spaces in the temporary use permit lot, and the
lot bcomes permanent with fewer parking spaces one of two things
happen: (1) there are not enough par kings spaces for the uses
downtown; or (2) Main Street Properties will grandfather into
permanent parking that number of permanent spaces it already has
approved for that use.
TOWN COUNCIL MINUTES #709
NOVEMBER 6, 1985
PAGE 2
E. PUBLIC QUESTIONS AND OOMMENTS
Ms. Rebecca Greenmat requested the Town consider building a
tempoary shelter at the bus stop across the street from where the
ferry lands.
Town Engineer Bala noted there is a shelter proposed for that bus
stop to be constructed next year. Manager Kleinert stated he
would talk to the Red and White Fleet and the Rotary Club to try
to get a shelter constructed on a interim basis.
F. CONSENT CALENDAR
Council removed Item No. 1 from the Consent Calendar (Acceptance
of Gift Deed from Zelinsky Family, Mar_West & Tiburon Blvd.
Parcel) and continued the matter to November 12, 1985.
MOTION: To approve the Consent Calendar consisting of:
2. APPROPRIATION OF FUNDS & AUTHORIZATION OF PAYMENT (Paving
Paradise Drive and Mar West Intersection)
3. HOBB'S PARCEL - BCDC BAY PLAN AMENDMENT (Resolution No. 2353)
4. CLAIMS AGAINST THE TOWN (Recommend Denial)
1. Sylvia Siedman
2. Harriet Brenson
5. CIBRIAN DRIVE ASSESSMENT DISTRICT (Amend Resolution of
Intention, Resolution No. 2354)
Moved:
Vote:
Coxhead, Seconded Spratling
AYES: Spratling, Coxhead, Smith, Bergmann
ABSENT: Wilson
G. PUBLIC BEARINGS , BUSINESS ITEMS
6. GUAYMAS RES'I'AURANT MASTER & PRECISE PLAN
Council waived the oral staff report.
Mayor Bergmann opened the public hearing. Being no comment,
Mayor Bergmann closed the public hearing.
MOTION:
Moved:
Vote:
to read by title only
Spratling, Seconded Coxhead
AYES: Spratling, Coxhead, Smith, Bergmann
ABSENT: Wilson
Mayor Bergmann read 'AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON AMENDING THE MASTER PLAN FOR A RESTAURANT AND EXPANDED
SEATING AT 5 MAIN STREET"
MOTION:
Moved:
Vote:
MOTION:
Moved:
VOTE:
TO adopt second reading of the aforementioned Ordinance
(No. 308 N.S.)
Spratling, Seconded by Smith
AYES: Spratling, Coxhead, Smith, Bergmann
ABSENT: Wilson
Adopt the resolution amending the Precise Plan at 5 Main
Street
Smith, Seconded by Coxhead
AYES: " Spratling, Coxhead, Smith, Bergmann
ABSENT: Wilson
7. BLACKIE'S PASTURE PARK AREA (Design Development Plan as
Recommended by Parks & Open Space Commission and Planning
Commission)
Planning Director Hanna reviewed the Design Development Plans for
Blackie's Pasture. He noted the Parks and Open Space Commission
and Planning Commission have reviewed the plan. The Planning
Commission recommends that the volleyball court be eliminated and
that the trestle berm be retained at its present configuration.
The Parks and Open Space Commission recommends approval of the
plan as presented. If the Council approves the design
TOWN COUNCIL MINUTES #709
NOVEMBER 6, 1985
PAGE 3
development drawings, construction drawings will be prepared when
funding becomes available.
Mayor Bergmann opened the public hearing.
Ms. Corty Hill, Town's consultant, noted the trestle berm is to
essentially remain the same but the nose is to be shaved off,
which will reduce its height at its highest point by 20'.
Being no further public comments, Mayor Bergmann closed the
public hearing.
Council concurred with the Planning Commission's recommendation
that the volleyball court be eliminated.
MOTION:
Moved:
Vote:
That the Town Council accept the plan as presented and
all suggestions of the Planning Commission except for
the handling of the trestle which will be handled as
shown on the plan
Smith, Seconded by Coxhead
AYES: Spratling, Coxhead, Smith, Bergmann
ABSENT: Wilson
8. CIBRIAN DEVELOPMENT (Reconsider Amendment to Agreemnt
Regarding Water Tank)
This matter was continued to the November 20, 1985 regular
Council meeting and staff was directed to notice all surrounding
property owners.
9. APPEAL OF DESIGN REVIEW BOARD DECISION (Request for Variance
and Encroachment - R. Friedman)
Staff noted that no representative of the applicant was present
in the audience.
Planning Director Hanna stated this matter is an appeal of a
Design Review Board denial for a front yard variance to construct
a second garage at 1840-42 Vistazo West. The proposed garage
would encroach onto Town right-of-way. The Design Review Board
suggested the applicant move the garage back from the right-of-
way. The Board suggested that an open parking deck be
considered, which was rejected by the applicant. The applicant
requested the Board vote on the proposal as submitted. The
application was denied by the Board. Director Hanna noted there
is not enough room to move the garage back to be entirely within
the property line.
Mayor Bergmann opened the public hearing. Being no comments,
Mayor Bergmann closed the public hearing.
Council again noted the applicant was not present and the item
was taken in order on the agenda.
MOTION:
Moved:
Vote:
Uphold the decision of the Design Review Board
Spratling, Seconded Coxhead
AYES: Spratling, Coxhead, Smith, Bergmann
ABSENT: Wilson
10. 1984-85 TOWN,AUDIT (Receive Report and Consider Fee
Adjustment) ,
Finance Director Nadritch presented Council with the Auditor's
report for fiscal year 1984-85. He noted that due to various
factors this year's audit took many more hours to preare than in
previous years, therefore, Deloitte Haskins and Sells is seeking
an adjustement in their original estimated fee.
After a brief discussion by Staff and Don Groth of Deloitte
Haskins and Sells, the matter of an increased fee was remanded
back to staff to resolve.
TOWN COUNCIL MINUTES #709
NOVEMBER 6, 1985
PAGE 4
MOTION:
Moved:
VOTE:
To receive the Auditor's report for 1984-85
Spratling, Seconded by Smith
AYES: Spratling, Coxhead, Smith, Bergmann
ABSENT: Wilson
At this time Mr. Rodney Friedman, arrived at the Council
meeting. He advised Council that the Planning Staff told him his
appeal would be heard between 8:30 - 9:00 PM.
MOTION:
Moved:
VOTE:
to reopen the item
Spratling, Seconded by Smith
AYES: Spratling, Coxhead, Smith, Bergmann
ABSENT: Wilson
Council requested Staff to prepare .a policy in regard. to advising
applicants what time their matter will appear on any Town Agenda.
Mr. Rodney Friedman, appeallant, stated he has talked with his
neighbors and they have no objections to the proposal provided
they can have permission to do the same in the future. He then
presented a model indicating what it would look like if his
neighbors constructed the same garages.
Mr. Friedman then presented a slide show of various garages in
the area. He noted he would be agreeable to have a garage that
is open on the sides. He stated the garage would provide safe
parking for his tenants automobiles.
Mr. Bloch, applicants neighbor, stated he has no objections to
Mr. Friedman's proposal provided he can have absolute assurance
that he can do the exact same thing in the future, otherwise he
would not favor the application.
Council stated that it would be impossible to grant the same
thing to each neighbor at this time. Each application must pe
considered on its own merit.
Superintendent of Public Works Brunini stated the Town has issued
many encroachment permits but none for a solidly enclosed
garage. Town Engineer Bala stated 8' between the pavement and
the garage door is ususally the minimum required by the Town,
which would allow additional parking for guests.
Being no further comments, Mayor Bergmann closed the public
hearing.
Council questioned Mr. Friedman if what he is proposing is the
minimum for use of the property. Mr. Friedman responded the
Design Review Board gave him only one other alternative and that
was a parking deck that would span all the way to the home and
therefore block the windows in the bedroom and bath. He stated
he would be happy to have a covered carport with open sides, set
back 2' additional feet from his proposal, with a garage door.
Councilman Coxhead stated he does not feel he could make the
required findings to grant a variance. He recommended Council
uphold the Design Review Board decision and allow the applicant
go before the Board with his revised proposal. Mr. Friedman
stated that whatever he does it will require a variance.
0'1
Councilman Spratling stated that if Mr. Friedman had presented
the Design Review Board with the same proposal he would be
inclined to agree with much of what Mr. Friedman has said.
Mr. Friedman requested that the Council minutes be forwarded to
the Design Review Board.
Councilman Spratling stated he could not endorse an application
that he has not seen.
Mr. Friedman stated he would be willing to return to the Board
with revised plans. If the Board again denied the proposal he
would like the Council to again consider the matter.
TOWN COUNCIL MINUTES #709
NOVEMBER 6, 1985
PAGE 5
MOTION: To rescind the previous vote on this matter and refer
to the Board to consider a revised prospoal.
Moved: Spratling, Seconded Smith
VOTE: AYES: Spratling, Coxhead, Smith, Bergmann
ABSENT: Wilson
Town Engineer Bala stated that if a garage with a door is
approved, the Board should require it have an automatic opener.
Ms. Karen Nygren expressed concern over the traffic at the
Greenwood Beach Road/Tiburon Blvd. intersection in regard to the
proposed Blackie's Pasture plan.
B. COMMUNICATIONS,: STAFF AND TOWN MANAGER ITEMS
There were none.
I. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Bergmann adjourned the meeting at 9:30 P.M., to
Tuesday, November 12, 1985, in the Del Mar School Muisc Room.
u~~
VALERIE W. BERGMANN, MAYOR
Town of Tiburon
TOWN COUNCIL MINUTES #709
NOVEMBER 6, 1985
PAGE 6
MINUTES
'.OOWN roUNCIL
CALL TO ORDER
Mayor Bergmann called the regular meeting of the Town Council ot
the Town of Tiburon to order at 7:40 P.M., Wednesday, October 16,
1985, in the Hilarita Community Room, Tiburon, California.
A. BOLL CALL
PRESENT: COUNCILMEMBERS:
Spratling, Wilson, Coxhead, Smith
Bergmann
ABSENT: COUNCILMEMBERS:
None
EX OFFICIO:
Town Manager Kleinert, Town Attorney
Ragghianti, Planning Director Hanna,
Town Engineer Bala, Chief of Police
Bailey, Superintendent of Public
Works Brunini, Associate Planner
Chafin, Finance Director Nadritch,
Assistant Town Clerk Hennessy
B. REroGNITION OF OUTSTANDING SERVICE
LOU BRUNINI' S 20 YEARS OF 'lOWN SERVICE - RESOLUTION
Mayor Bergmann presented Lou Brunini with a framed Resolution
which expressed the Town's love and appreciation for his yea~s of
dedicated service. .
Lou Brunini thanked the Mayor and Council and stated he has
appreciated every minute of the 20 years he has worked for the
city and will continue to serve this wonderful city as long as he
can; that having just completed a 4,000 mile vacation trip, he
was happy to return and considered Tiburon paradise.
MOTION:
Moved:
Vote:
To approve Resolution Expressing Appreciation to Louis
Brunini on His 20t Anniversary of Town Service
Spratling, Seconded by Wilson
AYES: Unanimous
Mayor Bergmann moved Item 3 from the Consent Calendar.
roMMEMORATION OF JUANITA ZELINSKY'S 90TH BIRTHDAY - RESOLUTION
Mayor Bergmann stated the Council does hereby extend its
heartfelt congratulations to Juanita Zelinsky on the occasion of
her 90th birthday and wishes her many more years of a happy and
fruitful life.
Dan Zelinsky accepted the Resolution on behalf of his Grandmother
Juanita ZelinSky.
MOTION: To approve Resolution Commending Juanita Zelinsky upon
the Occasion of her 90th Birthday
Moved: Wilson, Seconded by Spratling
Vote: AYES: Unanimous
c. APPOINTMENTS '10 roMKISSIONS. BOARDS. roMMITTEES
There were none.
D. roMMISSION AND roMMITTEE ORAL REPORTS
Councilman Spratling stated he met with Staff as a member of the
Lands & Development Committee; most of the product of the meeting
was contained in the moratorium Staff report.
TOWN COUNCIL MINUTES #708
October 16, 1985
Page 1
E. PUBLIC QUESTIONS AND COMMENTS
There were none.
F. CONSENT CALENDAR
Mayor Bergmann asked the Public Services Commttee to review the
Police Chief's report and the increased workload of the Police
Department.
MOTION:
To approve the Consent Calendar consisting of the
following items: ~
1. POLICE REPORT (September 1985)
2. FINANCE REPORT (June 1985)
Moved:
Vote:
Smith, Seconded by Spratling
AYES: Unanimous
G. PUBLIC HEARINGS & BUSINESS ITEMS
4. MORATORIUM ISSUE (Consideration of Staff Analysis, Comments
and Recommendations)
The Town Manager summarized the Staff report; he reviewed
Council's directions to Staff; the issues involved; Council's
options and Staff's recommendations. The Town Attorney had
prepared a draft urgency 45-day moratorium ordinance for
Council's consideration along with a list of possible
exemptions. The Council may then hold additional public hearings
to consider additional information regarding an extended
moratorium for a specific length of time, for specific goals.:
Staff recommends hiring professional assistance to review the
General Plan and is in the process of interviewing applicants.
Staff feels a pause is necessary to evaluate where we are, the
policies we have in place and what we should do to plan for the
future; feel it can be done in a fair, equitable manner and of
limited duration.
In response to Vice-Mayor Coxhead, the Town Attorney stated the
moratorium ordinance could be extended for a maximum of 22 months
and 15 days; he did not recommend doing so for 3D-day periods.
The Town Attorney reviewed the draft ordinance and the types of
findings the Council has to make in order to pass such an
ordinance.
Discussion ensued regarding definition of "current and immediate
threat to public health, safety or welfare". In response to
Councilman Wilson, the Town Attorney advised he did not think the
Council could make findings necessary to permit a clause which
would allow one building permit a month.
The Mayor opened the public hearing.
Rufus Thayer, 158, Blackfield Drive, stated he was impressed with
the effort being made; needed time to study proposed ordinance;
suggested additional language to include "impacts upon the
Tiburon Wye" and "leading to and from the Town" on page 2, top
paragraph, in order to express traffic congestion concerns.
Don Batten, Belveron Association, agreed consideration of access
along Tiburon Boulevard was important and commended the Council
for their efforts.
Michael Cassidy stated he didn't think the issue was the number
of permits but the location of the developments; stated he was a
prospective homebuyer and asked for exemption of developments
located on opposite side of peninsula with access to Paradise
Drive.
TOWN COUNCIL MINUTES *708
October 16, 1985
Page 2
Chuck Urlich, recently purchased a lot in Cibrian Subdivision;
plans approved by Design Review Board; financing secured and
asked for exemption for those who have Design Review Board
approval.
David Wolner, Bel Aire, complimented everyone's efforts; he had
presented another petition to the Planning Commission signed by
154 Bel Aire residents in opposition to the Highlands Project;
their main opposition is the new development will create gridlock
in their neighborhood. _
Mr. Gaines, Comstock Drive, asked for exemption for second unit
applicants.
Bill Kuhns, owner of 3 acres since 1979, stated his plans are
being considered by Design Review Board; financing secured; asked
Council to consider number of units of individual property
owners; asked Council to consider the financial hardship a
moratorium will impose; thought a breaking point might be four
units or less as compared to larger developments.
John Eng, representing Bank of the Orient, stated as owners of
Del Madera they have paid taxes since 1981; paid the Town of
Tiburon $275,000 in-lieu housing fees; dedicated 1/2 their
acreage to the Town for open space; paid $50,000 for improvements
of Gilmartin Drive and Tiburon Boulevard; formed an Assessment
District for off-site improvements in excess of $3 million;
marketing plan is in full swing; buyers are awaiting the outcome
of this moratorium; asked for exemption of projects that have a
Final Map in place.
Dusan Mills, Highlands Project, didn't think the Council couid
make necessary findings; all the EIRs and traffic studies
indicate that over the next couple of years all the improvements
proposed will adequately handle traffic problems; didn't think
Council could substantiate that a threat exists right now.
Nat Marans, Spanish Trail, 29 year resident, stated tonight's
meeting is a culmination of the problems Tiburon has been having
for 12 years; started with rezoning of property for low cost
housing; there have been years of change, not necessarily for the
good; we needed staged development 12 years ago; think it's
necessary for the Town to look at development that is coming up
in the near future and analyze what's going on; let's take a
breath and allow experts to see what will happen in Tiburon if
everyone builds what they want to build in Tiburon.
Davood Kohanzadeh, Project Manager, Hexan Subdivision, stated his
project would access 101 through Corte Madera and would not
create traffic on Tiburon Boulevard; they had Final Map recorded;
stated they had incurred over $1 million in development costs;
they had agreed to 7 instead of 8 lots; contributed to open
space, in-lieu housing fees and parks & recreation fees; a 45-day
moratorium will destroy their project; they have no option but to
retain legal action.
Jocelyn McDonnell stated developments on other side of the
Peninsula would indeed add to traffic via shopping, ferry use and
schools.
Eric Schmidt stated you cannot inter fer with the zoning or
building permit process without creating hardship but let's not
give up idea of controlling growth; nothing contributes to
decreasing the quality of life faster than doubling the
population; objected to remarks directed at drawbridge syndrome.
Abbass Barzgar, Cibrian developer, stated the project was five
years in the planning process; EIR had no problems with traffic;
spent $40,000 for Paradise Drive and Taylor Road improvements;
have agreed to spend over $200,000 for a water tank to improve
TOWN COUNCIL MINUTES #708
October 16, 1985
Page 3
water pressure for the neighborhood; have already spent over $1
million in development costs; felt their project didn't have
impact on traffic; asked for exemption of single family lots;
asked for exemption for lots in escrow.
Neill Smith, 3700 Paradise Drive, owner of over 100 acres, most
of which he hopes to keep for himself and his children; wants to
develop small parcel; stated one doesn't close the gate with
someone's head in it; 90-day moratorium would be a major
hardship; much longer would be a disaster; Mill Valley and Corte
Madera both have moratoriums proposed to stop projects in the
future.
Roger Hartley thought the proposed ordinance was an indictment
against the Planning Commission, Town Council and Staff; it would
hurt the small developer much more than the larger developer;
didn't think it was an appropriate measure; asked Council not to
reverse approvals already given.
Rod McLeod, Belveron Association, stated developers have no
regard for the residents of Tiburon; traffic is a problem now;
pedestrian crossings are dangerous; requests for Planning
Commission and Council to look at overbuilding in Tiburon have
not been effective till now; urged Council to pass the ordinance.
Martha McCart, Planning Consultant representing Perini, owner of
52 acres, stated they believed the moratorium would be harmful to
them and the Town; they were in the middle of installing a large
drainage improvement which was far in excess of the development's
contribution to the drainage; a 45-day moratorium would be a
severe hardship; they wouldn't be able to stop construction and
resume in December; with the uncertainty of a moratorium and,
uncertainty of whether they could recover the costs, the .
corporation couldn't justify the expenditure of additional funds.
John Collette, attorney representing Perini Land & Development
Company, stated nothing has been presented to indicate a threat
to the public's health, safety or welfare; traffic problems have
been anticipated and once the traffic improvements are in place
many of the concerns will be alleviated; every project has
required an EIR and each has concluded traffic impacts will be
acceptable as specified in the General Plan; urged the Council
not to adopt the ordinance; didn't think Council could make the
necessary findings; recommended Council continue to study the
matter at future public hearings and allow his client to continue
what they are doing.
Bob Huff, owner of Highlands Project, stated he takes exception
to the comment that developers are not responsive to the
residents; his project has been in the planning stage for two
years trying to amend the project to comply with the wishes of
the residents; suggested the Town hire an additional planner to
continue processing applications and at the same time study the
need for a moratorium; he would be willing to help pay for the
additional planner.
Mr. Nana, TiburoD Crest, owner of 18 lots, stated they had
dedicated 67 lots to open space; paid over $200,000 for in-lieu
housing fees, plus other funds; formed a special assessment
district in an amount over $2 million; have spent seven years and
millions of dollars on this project; a moratorium would
financially kill us; have three lots in escrow; the major cause
for the moratorium was Point Tiburon and they have been issued
building permits; the cause of the problem will be the major
beneficiary.
Bill Goldberg, stated a 45-day moratorium would be a hardship on
developers because it would delay. projects till after the rainy
season; he reviewed the process one goes through from the time
TOWN COUNCIL MINUTES 1708
October 16, 1985
Page 4
one looks at a lot, hires an architect, goes through Design
Review, and didn't think more than the past average of 12 houses
a year would be built in the future.
Tom Shea, representing an investment group that owns 50% of Del
Madera and also a resident of Tiburon, stated that to call a halt
to development would be a lack of responsibility and unfair; he
had a lot at risk and invested in the project.
Barbara Mathew, Chairman of the Reed Union School District Board
of Trustees, noted the Superintendent of the School District had
stated hi~ concerns on the tront page of the Ark; the,School
District stands to lose $2.2 million.
Don Batten looked upon the 45-day moratorium as a study period.
Rod Bessolo, Save Tiburon Committee, grateful for effort the
Council is considering; thought most developers would agree
there's a traffic problem; disappointed the Council was not
addressing Highway 101; didn't think any of the EIRs have
addressed Highway 101; think it's essential; encouraged the
Council to go ahead with what they are doing.
Mayor Bergmann stated there has been a 101 Corridor Study for the
past 18 months, Phase II of that study is designed to address
every land use element of every community from San Francisco to
Sonoma; the proposed corrections are in excess of $1 billion.
Karen Nygren, 22 Paseo Mirasol, responded to previous comments.
Mrs. Nygren stated the school board's sales agreement did not
expire until 1989; exhibit B of the sales agreement states
certain sections can be sold off in increments; with Master Elan
approval, she didn't see any reason why the school board couidn't
go ahead and ask for a lot split and sell a portion of the land
for the temple; thought the school district should look more
carefully at what they are doing; referred to Harris study which
states Tiburon is a cause of cumulative traffic at the Tiburon
Wye and also stated CAL/TRANS has no plans to make improvements
for 20 years; the Committee's legal counsel advises them there
can be no discrimination by allowing one developer the right to
build and not another; the Committee had collected signatures
from over 10% of the registered voters.
Fran Mayberry, 1486 Vistazo, stated she would be happy if there
was a growth limit of 12-15 units per year; concerned that
previous Planning Commission and Town Council decisions have been
to allow too much growth; commended the Town Staff and Councilman
Spratling for their efforts to deal with the problem.
The Mayor closed the public hearing.
Councilman Spratling stated he was prepared to support a
moratorium of limited duration with certain exemptions; would
characterize it as a pause rather than a moratorium; did not
support the moratorium philosophy; don't mean to imply that
anything has been or is currently wrong with the planning
process; believe,~e need to enact some sort of a pause to give
Council and Staff time to get ahead of this thing; the 45-day
period, as he perceived it, is the time frame in which the Staft
comes back with a plan for public discussion where we try to draw
the line of what properties, what building and what applications
should continue to be considered.
Councilman Wilson agreed with Councilman Spratling's comments;
proposed Council wait until second meeting in November to take
formal action on a limited moratorium and in the meantime get
consultant on board and have him present a report which would
speak to value of a moratorium and give an independent view of
the situation; current General Plan states Tiburon Boulevard
should remain a two lane highway; should there be a change in
this recommendation; should there be neighborhood connector
TOWN COUNCIL MINUTES #708
October 16, 1985
Page 5
streets to get traffic off Tiburon Boulevard; should there be
parallel roads to keep people off 101.
Councilman Smith stated the issue was whether the Town could
accommodate an increase of approximately 20% more units; ultimate
goal is to establish what the buildout will be; historically the
Town policy has been reactive to development; he suggested the
Town become proactive and tell developers what can be done;
thought the problem could be resolved in six months; would
support a 45-day moratorium with exemptions.
Vice-Mayor Coxhead agreed with Councilmembers; stated the Town
was reacting to the initiative process; didn't think the Council
should wait until November to take action; did feel there was a
threat to the public health, safety and welfare; one of his
neighbors had suffered a heart attack recently and if the
paramedics hadn't reached her quickly she would have died; the
Town Engineer's letter of June 5, 1985 states Tiburon Boulevard
is at capacity; supported a moratorium with exemptions; thought a
two-year moratorium would be grossly unfair to everybody in this
Town.
Mayor Bergmann stated the Council is charged with the
responsibility of steering the Town wisely; did not support a
two-year moratorium; a 45-day moratorium would afford the
opportunity for the Town to sort out its destiny; concerned
people didn't understand the ramifications of what they were
asking for; felt very strongly that Council has consistently
acted in a responsible fashion; the Council has done their utmost
to extract as many benefits as possible for development that has
been proposed and she asked people to remember that when they
look at open space; suggested the Council act in a proactive,way
to demonstrate to the public they understand the problem; didn't
agree with some of the reasons proposed for the moratorium;
thought Staff's proposal was reasonable and supported it if she
had the opportunity to vote on exemptions.
Councilman Smith publicly pleaded with the Committee to Save
Tiburon not to present the initiative signatures to the Town
Clerk.
Council reviewed the list of possible exemptions prepared by the
Town Attorney to be included in the Ordinance and included Items
1, 2, 3, 6, 7, 8, 9; added an exemption for lot splits creating
not more than two parcels of land, and added an exemption for
conditional use permits for new uses or changes of use in the PD
zone.
Council agreed to delete word "variance" from Section 2; add
wording "the Tiburon Wye and Tiburon Bouelvard" and "leading to
and from the Town" in Section 3. In addition, the second
paragraph was amended to include the wording: "and by reason of
the information and data presented by Staff and obtained at
public hearings conducted on October 2, 1985, and October 16,
1985".
In response to Barbara Mathew, the Council directed all those
interested in receiving exemptions to put their request in
writing and address the request to the Town Staff to be
considered by the Planning Consultant and referred to the Town
Council.
Council set two special meetings to consider the moratorium issue
on November 12 and November 21, 1985.
In response to Councilman Wilson, the Town Attorney stated he
thought the moratorium initiative would supersede the State law
requirement to provide second units.
TOWN COUNCIL MINUTES #708
October 16, 1985
Page 6
MOTION:
Moved:
Vote:
To read by title only
Spratling, Seconded by Smith
AYES: Unanimous
The Mayor read ORDINANCE NO. 307 N.S., AN INTERIM URGENCY
ORDINANCE OF THE TOWN OF TIBURON PROHIBITING ANY USES THAT MAY BE
IN CONFLICT WITH A CONTEMPLATED GENERAL PLAN AMENDMENT AND
ATTENDANT ZONING PROPOSALS PURSUANT TO CALIFORNIA GOVERNMENT CODE
S 65858.
MOTION:
Moved:
Vote:
T.o adopt Ordinance:No. 307_"N.S.
Spratling, Seconded by Smith
AYES: Spratling, Wilson~ Coxhead, Smith, Bergmann
Authorize the Town Manager to hire a planning consultant
at a cost not to exceed $40,000-45,000.
Spratling, Seconded by Wilson
AYES: Unanimous
MOTION:
Moved:
Vote:
5. GUAYMAS RESTAURANT MASTER , PRECISE PLAN (5 Ma inS tr ee t,
Ordinance Amendment, 1st Reading)
The Planning Director reviewed the Staff report. The ordinance
was modified to delete the dedicated property provision.
The Mayor opened the public hearing. There being no comment, the
Mayor closed the public hearing.
MOTION: To read by title only
Moved: Coxhead, Seconded by Spratling
Vote: AYES: Unanimous
The Mayor read AN ORDINANCE OF THE TOWN CUUNCIL OF THE TOWN OF
TIBURON AMENDING THE MASTER PLAN FOR A RESTAURANT AND EXPANDED
SEATING AT 5 MAIN STREET
MOTION:
Moved:
Vote:
To pass first reading of the aforementioned ordinance
Smith, Seconded by Coxhead
AYES: Spratling, Wilson, Coxhead, Smith, Bergmann
6. DUBILIER BEQUEST TO TOWN (Consideration of RBLP, the
Shoreline Park & Multi-Use Path Improvements for Matching
Funds)
The Associate Planner reviewed the Staff report. William
Dubilier, M.D. had made a bequest to the Town of $25,000 with
terms providing that the funds be matched; the funds be used for
landscaping and/or improvements along the bicycle path,
waterfront park or sea wall or beach. The Parks & Open Space
Committee suggested a list of priorities for the Council to
consider.
The Mayor opened the public hearing.
Parks & Open Space Chairman McDonnell was present and reviewed
the list of suggestions.
Mayor Bergmann suggested Blackie's Pasture improvements be
included with the possibility of parlaying additional matching
funds from other sources.
Item 4, landscaping between mutli-use path and Tiburon Blvd. from
Rock Hill Drive to San Rafael Avenue's cost estimate was
increased from $10,000 to $30,000.
MOTION: To support the Parks & Open Space Commission's list of
priorities with the increased estimate of Item 4.
Moved: Smith, Seconded by Spratling
Vote: AYES: Spratling, Wilson, Coxhead, Smith
NOES: Bergmann
TOWN COUNCIL MINUTES i708
October 16, 1985
Page 7
~~
B. COMMUNICATIONS. STAFF AND TOWN MANAGER ITEMS
The Town Engineer stated CAL/TRANS had opened the bids for the
signalization project at Trestle Glen and he asked Council for
authorization to accept a bid $3-4,000 higher than the estimate
if necessary. Council approved.
I. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Bergmann adjourned the meeting at 11:50 P.M. sine
die.
L~~.~~
ATTEST:
TOWN COUNCIL MINUTES *708
October 16, 1985
Page 8
..........- ..J-
MINU'J.'ES
TOWN COUNCIL
CALL TO ORDER
Mayor Bergmann called the regular meeting of the Town Council of
the Town of Tiburon to order at 7:35 P.M., Wednesday, October 2,
1985, in the Hilarita Community Room, Tiburon, California.
A. BOLL CALL
PRESENT:
COUNCILMEMBERS:
Spratling, Wilson, Coxhead,
Smith, Bergmann
ABSENT:
COUNCILMEMBERS:
None
EX-OFFICIO:
Town Manager Kleinert, Town
Attorney Ragghianti, Planning
Director Hanna, Town Engineer
Bala, Chief of Police Bailey,
Associate Planner Chafin,
Assistant Town Clerk Hennessy
B. APPROVAL OF MINUTES
#704, September 10, 1985
Page 3, second paragraph, first line, insert the word "said"
after Mr. Kurtzmann and insert words "and conditions" after
issues.
Page 4, second paragraph, fourth line, change word "possible" to
"feasible"; change word "would" to "might"; fifth line afterrword
"subdivision" insert "after the Council approved that access in
the Master Plan".
Page 5, AMPLIFICATION INSERTED REGARDING MR. WALLACE'S COMMENTS.
Page 5, 4th paragraph, first line, delete "upper level of the
map" and insert "the current playfield area"; second sentence
change word "high" to "higher" and insert "than the adjourning
Paseo Mirasol properties"
MOTION:
Moved:
Vote:
To approve Minutes #704 as amended
Smith, Seconded by Wilson
AYES: Unanimous
#705, September 18, 1985
Page 5, 5th paragraph, third sentence, changed from "for the
initial occupancy of Point Tiburon only" to "for Point Tiburon
for the initial occupancy only".
Page 6, sentence before motion, after words "suggested the"
insert words "Design Review Board consider that the".
Page 7, "Harrison" be changed to "Harris".
Page 2, Motion, add "bayside" before "CC&R's".
Page 3, top of the page with regard to Vice-Mayor Coxhead's
comments, insert "for the next Wednesday's Council meeting" after
word "comments" and delete "to be included in the agenda
package".
Page 9, middle of bottom paragraph, 14th line up from the bottom,
delete words "in lower left area".
Page 10, third paragraph, insert words "possibility of" after
word "suggested".
TOWN COUNCIL MINUTES #707
October 2, 1985
Page 1
MOTION:
Moved:
Vote:
To approve Minutes i705 as amended.
Wilson, Seconded by Coxhead
AYES: Unanimous
i706, September 24, 1985
Page 7, second line, change word "didn't" to "did".
Page 5, Motion changed to read: "...of units AT THE PRECISE PLAN
which is..." delete remainder of sentence and insert "which is
lower than the minimum number in the range of density permitted
by the RPD zoning district as applied to this project site".
Page 5, fourth paragraph, reworded to state: "...regarding the
maximum density specified in the Master Plan..."; fif.th line
change word "this" to "the maximum"
MOTION:
Moved:
Vote:
To approve Minutes i706 as amended
Spratling, Seconded by Coxhead
AYES: Unanimous
c.
APPOINTMENTS '10 OOMMISSIONS. BOARDS. CDMMITTEES
There were none.
D. CDMMISSION AND CDMMITTEE ORAL REPORTS
LANDS & DEVELOPMENT CDMMITTEE
Vice-Mayor Coxhead reported the Lands & Development Committee and
Town Attorney had met with representatives of The Innisfree
Companies and discussed and agreed upon a contract for a
professional lagoon property manager and a tenancy agreement
which provides for the operation and management of the property.
MOTION:
To ratify the Town Attorney's decision to approve the
property management and tenancy agreement with Point
Tiburon developer
Smith, Seconded by Wilson
AYES: Unanimous
Moved:
Vote:
AYALA DAY FESTIVITIES - OCTOBER 6 (Report by Chairman McDonnell)
Chairman McDonnell stated there would be face painting, a fun
run, the traditional volley ball game, children's games and
barbeques would be ready for everyone's enjoyment on Sunday,
October 6, between 10 A.M. and 3 P.M. on Angel Island.
E. PUBLIC QUESTIONS AND CDMMENTS
Don Batten stated Ayala Day festivities would be video taped for
Channel 31.
F. CDNSENT CALENDAR
Items 7 and 8 were added to the Consent Calendar.
JEAN ELLINGSEN MEK>RIAL
Mayor Bergmann s~ated that the memorial plaque on one of the
Shoreline Park benches was for Jean Ellingsen, former Planning
Assistant for the Town of Tiburon and a very fine lady; the Town
is richer for her having been here, we are very sorry that she's
gone and this is our way of remembering her and the things she
did for our Town in the past.
CDUNCIL POLICY
Councilman Spratling proposed a change of language in the Council
Policy memo: IV. change word "retained" to "collected"; add
word "comments" after "Letters" and last sentence changed to:
"Councilpersons and Commissioners shall make reasonable efforts
TOWN COUNCIL MINUTES i707
October 2, 1985
Page 2
to review such information, however, the Town cannot assure nor
the person submitting the information should not expect, that
such information received after the aforementioned deadline will
be later considered".
MOTION: To approve the Consent Calendar consisting of the
following items:
1. WORKERS COMPENSATION PROGRAM (Inclusion of Town Volunteers) -
Resolution
2. COUNCIL POLICY - (Deadline for Submittal of Agenda Material)
3. MEMORIAL FOR JEAN ELLINGSEN (Shoreline Park Bench)
7. PERINI ASSESSMENT DISTRICT (Information Item Regarding
Intention to Form an Acquisition Assessment District -
Resolution)
8. COUNTWIDE TRANSIT TAX (Town Consideration of Countywide
Transit Tax Proposal)
Moved: Wilson, Seconded by Coxhead
Vote: AYES: Unanimous
G. PUBLIC BEARINGS' BUSINESS ITEMS
4. GREENWOOD BEACH ROAD CLOSURE - (Final Action Regarding Road
Closure) - Resolution
The Planning Director reviewed the Staff report. Mr. Hanna
stated he had just been advised that a representative from the
Baptist Church wished to address the Council regarding this item,
and would request a one-month delay to have the opportunity to
put the issue before their constituents.
The Mayor opened the public hearing.
Paul Scarborough, Trustee of the Baptist Church, stated the
Church had a congregational type of government which required the
members be informed of matters concerning the Church; they would
call a special meeting to present the matter and a vote would be
taken; in the past the church has been opposed to the proposed
closing; had not objected to the temporary, trial closure but did
make their opposition known in March 1985; they were concerned
about police and fire access and access for their day care
center.
Councilmember Smith noted there had been public hearings to
determine how the neighbors felt about a permanent closure; there
had been further discussion during the Blackie's Pasture Precise
Plan hearings and Trestle Glen signalization project hearings and
the Council voted to close Greenwood Beach Road. Councilman
Smith stated he could go along with a delay but didn't think the
Church's position would change the previous action.
Mr. Jones, representing the Greenwood Beach Road Homeowners
Association, stated there had been years of discussion of this
subject and the Church has had ample opportunity to express .its
views; urged Council to vote this evening.
The Mayor closed the public hearing.
Councilman Spratling agreed that the matter has been discussed
for years and fir.e and police safety matters are specifically
addressed in the resolution.
MOTION: To adopt Resolution To Close Greenwood Beach Road to
Through Traffic
Moved: Spratling, Seconded by Bergmann
Vice-Mayor Coxhead stated in fairness to the Church and at no
detriment to the homeowners, he would like to see a
continuance. Councilman Spratling felt it was burden on the
residents to continue to attend hearings on this matter.
Councilman Smith agreed. Councilman Wilson stated the single
action to pass the resolution was a change in the procedure that
TOWN COUNCIL MINUTES #707
October 2, 1985
Page 3
the Council thought they would have to go through; Council having
thought it would be before them twice in the form of an
ordinance, and he felt the past action of the Church, not
opposing the closure, was done in a spirit of cooperation and the
matter should be delayed at their request. Vice-Mayor Coxhead
stated he was in favor of the closure, however, he felt it would
be favorable to delay the matter an additional month.
The Town Manager requested the word "emergency" be deleted from
last "whereas" clause. Council agreed.
Vote: AYES:
NOES:
Spratling, Coxhead, Smith, Bergmann
Wilson
5. VIA CAPISTRANO TRAFFIC ~MPBOVEMENTS (Town Engineer
Recommendation & Cost Estimate)
The Town Engineer discussed the plans he proposed that the
residents of Via Capistrano consider to cul-de-sac lower Via
Capistrano and widen upper Via Capistrano to accommodate two-way
traffic. He estimated the cost of the improvements to be
approximately $168,250 plus the cost of forming an assessment
district.
The Mayor opened the public hearing. There being no comments,
the Mayor closed the public hearing.
MOTION: To direct Staff to forward information to the interested
property owners
Moved: Spratling, Seconded by Coxhead
Vote: AYES: Unanimous
6. OPEN SPACE COMMITTEE (Staff Analysis of Draft Revision to
Open Space Element of General Plan)
The Planning Director reviewed the Staff report. The draft Open
Space Element is to be forwarded to the Planning Commission and
Parks & Open Space Commission for their comments and
recommendations and then returned to the Town Council.
Councilman Smith noted that during the Financial Advisory
Committee meetings there was substantial discussion of use of
Open Space Funds to underwrite maintenance of parks, perhaps by
using the interest earned from the funds. The Planning Director
stated it was discussed to have a management plan but not
specifically how to fund the plan.
Mayor Bergmann thanked Al Kuhn and the Open Space Committee for
the excellent report.
Chairman Kuhn stated a recent article in the Ark regarding
possible sale of open space property had caused some concern,
however, the Committee's effort is to develop issues, evaluate
aspects and make recommendations.
The Mayor opened the public hearing.
Michael Scianamblo, 8 Miraflores Lane, asked the Staff to clarify
the Town's position on the sale of dedicated property.
The Town Attorney stated he agreed with the recommendations
contained in the Staff report; he did not believe dedicated open
space property should be sold; such sale would have an impact on
the density of the existing subdivision; he did feel it was
permissible to sell property purchased by the Town with Open
Space Bond money if it were the concensus of the Council that low
priority open space ought to be disposed of to acquire higher
priority sites.
Dr. Scianamblo asked for reassurance that the land dedicated for
the Miraflores subdivision would not be sold.
TOWN COUNCIL MINUTES 1707
October 2, 1985
Page 4
Discussion ensued regarding the goals of the Open Space Element.
Larry Kaufman, 179 Avenida Miraflores, Dale Kaplan, 167 Avenida
Miraflores, and Mary1yn Siewert, 146 Hacienda Drive, spoke in
opposition to selling dedicated open space.
Chairman Kuhn stated that in evaluating the open space proposal
there were other things to be considered: there were gaps in the
planning: Miraflores was left as a dead end street: as the Town
develops more areas of open space there will be consideration of
trails: trails might create parking problems: each particular
situation is different.
Councilman Spratling complimented Mr. Kuhn and the Committee,
particula~ly for inventorying every. piece of property, on the
Tiburon peninsula.
MOTION: Council refer the draft Open Space Element to the
Planning Commission for public hearings to consider
adoption as part of the Town's General Plan: Council
refer to the the Parks & Open Space Commission to
consider a Land Management Plan and appropriate levels
of maintenance and management of those properties: refer
the recommendation in the transmittal memorandum by
Chairman Kuhn to consider selling Town acquired open
space to Staff and the Lands & Development Committee to
be brought back to the Council at the appropriate time
with specific recommendatons; Council take a stand as a
matter of policy with respect to residential development
zones the Town will not consider the sale of open space
which has been required for dedication as a part of the
development.
Moved: Spratling, Seconded by Wilson
Chairman Kuhn pointed out that with roads such as Round Hill and
Miraflores that if the planning had been completed with the idea
in mind that Miraflores was going to be the total development in
the area, the Town would probably have asked for cul-de-sacing at
the end of the road and suggested the Council allow for the
opportunity that some of the land be used as a cul-de-sac or some
way to complete the planning cycle: there are eight or nine such
streets in the Town.
AMENDED MOTION:
Moved:
Vote: AYES:
Add to the motion: To refer to the
individuals reviewing the Town's Circulation
Element the possibility of appropriately
treating the terminus of some stubbed out
roads in Tiburon.
Spratling, Seconded by Wilson
Unanimous
9. POINT TIBUBON PRECISE PLAN AMENDMENT (Formation of Special
Committee to Review Initial Commercial Space Use -
Resolution)
The Associate Planner reviewed the Staff report.
The Mayor opened the public hearing. There being no comments,
the Mayor closed'~he public hearing.
Councilman Wilson suggested the two Council members on the
Committee be the Public Services Committee members.
MOTION:
To approve Resolution Establishing Procedures for
Approval of Initial Occupancy of Commercial Space at The
Plaza, Point Tiburon
Spratling, Seconded Smith
AYES: Unanimous
Moved:
Vote:
TOWN COUNCIL MINUTES i707
October 2, 1985
Page 5
10. VISTA TIBURON - MASTER PLAN, CONDITIONAL USE PERMIT AND RE-
ZONING (Former Reedland Woods School - Blackfield Drive at
Via Los Altos - Ordinance, 2nd Reading)
The Associate Planner reviewed the Staff report.
Staff recommended modification to Condition 21, i.e., delete the
words "the Richardson Bay Transportation Study by Harris
Associates" and add "applicant shall contribute an amount to be
specified by the Town at the time of Precise Plan approval
towards the cost of a study of traffic problems on Tiburon
Boulevard between and including the intersections of Cecilia Way
and US 101".
The Associate Planner staten the purpose of the proposed change
is to eliminate the ambiguity relative to geographical areas
specified and to eliminate the possibility of the Harris Study
not providing the necessary level of improvement.
Town Attorney Ragghianti stated he had expressed his office's
opinion that the Council has the legal authority to approve a
density lower than the low range in the RPD 2 zoning district
provided the Council makes specific findings on the record
supported by substantial evidence that reasons of public health
and safety require approval of the developer's application at a
density lower than that applied for; those findings are
necessitated by new legislation recently enacted and part of the
California government code.
Councilman Spratling requested Condition 21 be more explicit and
suggested a new, additional paragraph to read: "In the event
applicant is unable or unwilling to adequately mitigate the
adverse traffic impacts created by the development, then
modification to the project design, including a reduction in the
number of lots, may be required as a means to mitigating suc~ an
impact".
Councilman Spratling suggested a new, additional paragraph for
Section 2, Item 1 to read: "It is the intent of the Town to
rezone the property to RPD 2 only to accommodate the development
that is eventually approved pursuant to this Master Plan. In the
event this Master Plan expires, or the property is not developed
pursuant to this Master Plan, the Town shall undertake
proceedings to rezone the subject real property in such a fashion
as to return it to appropriate lesser density compatible with
surrounding development and open space".
Councilman Spratling stated that since this ordinance is being
considered with an RPD 2 zoning district to accommodate this
Master Plan, the Town Attorney had previously advised him that
the proposed addition is not a substantial change in the
ordinance and the ordinance would not be required to go back to
first reading. The Town Attorney confirmed this statement.
The Mayor opened the public hearing.
Resident, 14 Paseo Mirasol, questioned why the current zoning had
to be changed. Councilman Spratling responded the proposed plan
would not be permitted in the current zoning.
David Stollmeyer, 22 Paseo Mirasol, felt the additional paragraph
suggested for Condition 1 was inconsistent with the Town's
consideration to rezone the property and then revert the zoning
back to a lower density if this plan is not approved. Councilman
Spratling explained that the RPD zone allows up to 55 units which
he felt was inappropriate. Mr. Stollmeyer referred to a May 28,
1985 letter addressed to Marin County Planning Department from
CAL/TRANS which referred to CAL/TRANS traffic study of Tiburon
Boulevard. Mr. Stollmeyer read from the letter which indicated
the level of service along Tiburon Boulevard was Level F and
TOWN COUNCIL MINUTES #707
October 2, 1985
Page 6
Mr. Stollmeyer thought there was littl e choice than not to
approve any further Master Plans until the matter is clarified.
The Town Engineer disagreed with the study.
Discussion ensued regarding levels of service, the number of
traffic studies prepared since 1975 for traffic flow along
Tiburon Boulevard provided there is maximum buildout; adjusted
average volume of traffic and whether that is an accurate method
of determining volume; installation of traffic signals along
Tiburon Boulevard; CAL/TRANS assumption based on previous
discussions with Town representatives that Tiburon Boulevard
should remain a two lane highway.
The Planning Director stated all Environmental Impact Reports are
distr ibuted to CAL/TRANS ami if the. level of service was at "F",
CAL/TRANS would have responded that the projects should not be
approved.
Yvonne Thurman, 30 Blackfield Drive, stated traffic along her
street was a real problem.
The Mayor closed the public hearing.
In response to Vice-Mayor Coxhead, the Planning Director stated
he had chosen the RPD 2 zoning as the one he thought would best
protect the property in terms of open space and the eucalyptus
grove; the RO 2 zone does not require the findings and policies
of how to retain some of these natural areas.
MOTION:
Moved:
Vote:
To read by title only.
Spratling, Seconded by Wilson
AYES: Unanimous
The Mayor read AN ORDINANCE OF THE TOWN OOUNCIL OF THE TOWN OF
TIBURON APPROVING CHANGE OF ZONING FROM RO- 2 TO RPD-2, APPROVING
THE VISTA TIBURON MASTER PLAN, AND APPROVING A CONDITIONAL USE
PERMIT FOR CONGREGATION KOL SHOFAR
MOTION: To pass second reading and approve the aforementioned
Ordinance No. 306 N.S.
Moved: Wilson, Seconded by Smith
Vote: AYES: Spratling, Wilson, Smith, Bergmann
NOES: Coxhead
ABSENT: None
11. TIBURON BOULEVARD IMPROVEMENTS PRIORITY LIST (Review Town
Council & Engineer's Priority Recommendations)
The Planning Director stated the Tiburon Boulevard Improvements
Priority List was agendized for informational purposes only in
conjunction with the discussion of the moratorium petitions; he
had prepared a matrix which illustrated the traffic studies
performed on Tiburon Boulevard since 1975; he described the
"Buildout Base Map" that had been prepared in 1975 to show
existing dwelling units and also assumed maximum density buildout
according to the existing zoning of vacant parcels so that
traffic consultants could project what traffic improvements
should be done on Tiburon Boulevard to maintain traffic Level C;
there is a record in the Town Planning Department used and
reviewed to indicate the impact developments would have on
intersections.
The Town Engineer reviewed what constitutes Level of Service; the
Town's previous decision that at total buildout the Level of
Service for the Town of Tiburon should be at Level C at all
intersections with the exception of Trestle Glen where the Level
of Service D would be acceptable. The Town Engineer stated he
had been instructed to prepare a priority list of improving
intersections to maintain traffic at Level C; the Town then
established the Tiburon Boulevard Improvement Fund in order to
finance these improvements; the list was upgraded in February
1984.
TOWN COUNCIL MINUTES i707
October 2, 1985
Page 7
The Town Engineer reviewed the status of the improvements at the
various intersections from Beach Road to Blackfield Drive.
The Mayor opened the public hearing.
Karen Nygren, 22 Paseo Mirasol, asked the Town Engineer to
address accidents.
Mr. Bala responded that in general traffic signals change the
type of accidents; fewer head-on collisions, however, they may
cause rear end collisions.
Rufus Thayer, 158 Blackfield Drive, discussed the number of
parcels that were ready to be developed which did not include
Ring Moun~ain and the Highlands projects; suggested the Town
would reach buildout sooner than indicated; stated the Vista
Tiburon project did not include affects of traffic on the Tiburon
Wye and thought they should be included; suggested the study
needed updating because traffic is worse than anticiapted.
Craig Hunt, 550 Stewart Drive, asked Council to address
pedestrian crossing of Tiburon Boulevard; concerned about Stewart
Drive and Rock Hill Drive intersections; children playing at
McKegney Green needed a safe crossing.
Mayor Bergmann stated the crossing at Stewart Drive had been the
object of considerable discussion during the past year; the
Council had made the decision to improve the sight distance and
will study the intersection again after the installation of the
traffic signals at Trestle Glen.
Frank Shaw stated the Little Reed Heights Homeowners Association
had not been notified of this meeting; Stewart Drive had
satisfied CAL/TRANS traffic warrants for a traffic signal and the
Council had decided to postpone a decision; didn't think tha~
action was fair. Councilman Smith asked Mr. Shaw where he would
place Stewart Drive in a list of priorities for intersection
improvements. Mr. Shaw stated he didn't want to give a personal
reply but the homeowner association members responded to a
questionnaire that they wanted a traffic signal. Discussion
ensured regarding sufficient public noticing, i.e., postcards,
agendas, publishing the agenda in the Ark.
Mayor Bergmann stated there has been ample discussion of the
priority list; homeowners have to take responsibility of finding
out what is on the agenda.
Vicky Stollmeyer, 23 Paseo Mirasol, didn't think Greenwood Beach
Road was safe even with a crossing guard because people continue
to pass on the right when cars stop for pedestrians in the
crosswalk; she had talked to a patrolman regarding having a
policeman stationed at the crossing, however, the Police
Department has only one car to cover three schools.
Jocelyn McDonnell asked why pedestrian crossing lights can't be
placed at Stewart Drive and Rock Hill Drive.
The Mayor responded that the primary reason was lack of money;
there just isn't enough money to do all the improvements desired
on Tiburon Bouleviard; the work has to be phased; CAL/TRANS is
reluctant to spend money without matching funds; that is why the
Town arrived at a priority list of intersections that present the
most dangerous and hazardous situations; the Town has had to
fight all the way with CAL/TRANS because Tiburon Boulevard is a
State highway; the Town requires the developers to contribute to
a fund for the repairs.
Councilman Spratling noted that funding is currently in place for
all the improvements with the exception of Stewart Drive and Rock
Hill Drive. The discussion tonight was for information, and not
the purpose of reevaluating priorities; the priority list will be
TOWN COUNCIL MINUTES *707
October 2, 1985
Page 8
returned to Council for the purpose of discussing reevaluating
priorities at a later date and the homeowners will be notified.
Councilman Smith stated there was an opportunity for the
community to buy Tiburon Boulevard from CAL/TRANS, however, the
Town would then be responsible for maintenance.
The Mayor closed the public hearing and continued the item to a
date to be set at a later time.
12. MORATORIUM PETITIONS (Public Discussion and Comment
Concerning Moratorium Proposals)
The Town Manager review~d the Staff report. The Town had
received two petitions requ~sting the Council to adopt a two-year
moratorium and had also been advised of a Notice of Intention to
Circulate a Petition for the purpose of a moratorium
initiative. Staff's standpoint is a two-year moratorium will
have a significant impact, not only on the property owners, but
also on the level of service the Town provides. Mr. Kleinert
stated he thought the goals of the petitioners and the Town
Council and Planning Commission weren't that different; it was a
question of how fast the Town should move to acheive those goals
and what's the best approach; if the Town is going to pursue a
moratorium, it is important to have the problem identified, the
need for the moratorium and how the moratorium will address the
problem; thought there might be some confusion as to how the Town
processes applications for developments.
Fran Mayberry presented the Council with 150 additional
signatures on the petition; asked that the minutes record that
discussion of this item started at 10:45 P.M.. Ms. Mayberry
stated she started the petition because she felt the quality of
life in Tiburon in going down hill; the issues that Mr. Bala has
been talking about on Tiburon Boulevard are problems we alre~dy
have; the petition is addressing problems we have in the making
already; we have over 400 units in process and asked what good is
it going to do to do what you are planning to do to cope with
what we have now; she read from the General Plan the objective of
Tiburon: "It is the objective of the City of Tiburon to ensure
the orderly development of those facilities which promote the
safe, economical, attractive and convenient movement of people
and goods within the Tiburon Peninsula to insure the development
of all such facilities in such a manner as to minimize any
detrimental effects upon the environmental quality of the City
and to assist in the the development of a balanced circulation
system to serve the present and future needs of the Tiburon
peninsula and Marin County. The scale of all circulation
facilities should be consistent with the scale of the City of
Tiburon and with the provisions and policies of the City's
General Plan." She stated that if that's the objective the Town
Council is following; the petitioners fail to see it; feel your
actions have lessened the quality of life; stated the Council has
not taken into account the effect the congestion on Tiburon.
Boulevard has not only on us but Belvedere and the traffic we are
going to dump on 101; you made a big problem for yourselves and
unless you take a breather and stop and look and assess the
affect that the developments already underway are going to have,
you simply have not dealt with the citizens properly.
Rod Bessolo, 19 Paseo Mirasol, stated his group is working in
conjunction with Fran Mayberry, but also felt it was necessary to
go to the initiative process to make something stick; tremendous
traffic problem on 101; the Planning Commission when approving
these projects were not aware of the letter from CAL/TRANS. Dr.
Bessolo quoted from Marin County planning staff re projected
traffic on 101; quoted IJ article urging all cities to get
together to stop further development; we have to work on a
solution together; we have to decide what transportation remedies
are practical; how much development can this transportation
system hold; rezone and cut back on developmental expectations;
we need time to come up with the solutions; without the
TOWN COUNCIL MINUTES 1707
October 2, 1985
Page 9
moratorium, the Council will continue to add projects and the
damage will be irreparable.
Karen Nygren, 22 Paseo Mirasol, showed the Council a computer
printout list of items which she stated supports the need for our
Council to stop making decisions on incorrect information and
other decisions that do not support your current General Plan;
the Council must stop now and listen to the experts and evaluate
independently what the experts say; this must be done before
irreparable damage is done to the community.
In response to Councilman Smith, Mrs. Nygren stated she was
willing to share her list with the Council.
Rufus Thayer, 158 Blackfiela, supported Rod Bessolo's remarks;
stated he felt the Council was rushing into a decision that will
cause irreparable damage; it's app~opriate to step back and take
a careful look at future development and look at capacity
planned; he volunteered to contribute time and energy to any
study necessary.
Ms. Ortaldo stated she was in favor of what's already been said.
Edna Robinson, 16 Apollo Road, suggested the Town make haste
slowly and take two years to study all the implications or pros
and cons; thought a moratorium would be the issue for the coming
year.
Don Batten, Belveron Homeowners Association, stated the Council
shouldn't look upon the moratorium as a big monster; it will give
the Council a break.
Rufus Sole stated he was one of the people in the middle; has six
unit subdivision on Moitoza Lane; three years in the making; have
just finished improvemets and needless to say the way the
moratorium is proposed it would put a stop to all their sales;
suggested item 3(c) to delete "and all approvals including design
review and a building permit were received"; currently there
would be 150 units impacted the way the moratorium initiative is
worded; asked for consideration from Council and moratorium
petitioners.
Rod Bessolo stated the Committee sympathized with Mr. Sole's
plight but they had been advised by legal counsel that this
clause be included.
Neill Smith, 3700 Paradise Drive, developer of seven lots,
without a Final Map recorded; the subdivision has been 7 years in
the process; asked everyone to look at what constitutes quality
of life; does it mean 20% more neighbors or how we treat each
other; thought we needed controlled growth but didn't think we
needed a moratorium to achieve it; planning for growth involves
not just traffic but cooperation between neighbors.
Bill Goldberg stated he had a few lots for sale; had been going
to Planning Commission and Town Council meetings for ten years;
didn't recognize a developer's paradise in Tiburon; he had spent
five years designing his development; thought there was a
moratorium in effect right now; it takes five years and people go
broke trying to go through the Town process to get a project
approved; twelve units a year is average to get built; preferred
an assessment for improving Tiburon Boulevard than spend the
money on attorney's fees.
Fra~ Mayberry stated there were over 400 units corning up for
reVlew; the days of 12 units were gone; asked Council to take a
look at what's happening and get a handle on things before they
get out of hand.
Councilman Smith noted that 400 units had not been approved; that
figure included lots which were not selling.
TOWN COUNCIL MINUTES 1707
October 2, 1985
Page 10
Bill Sheldon representing individuals who own 15 lots in Del
Madera Estates stated they have been in the process of being
approved since 1979; the Assessment District has been formed;
public improvements are being built; the impact of a moratorium
creates an absolute stoppage of any interest in selling those
lots; he hears the concerns of the people and asked people to see
both sides; the investors had a first deed of trust that has a
performance requirement and with a moratorium they would lose the
equity they have invested; they had gone through all the
procedures required; spent substantial fees paid to Tiburon to
help solve some of the problems; approximately 25 acres dedicated
to green belt; wanted to help find solutions and asked
petitioners to see the position they were putting people in after
they have done everything required; wanted to try to see if there
was a way. to leave the door open for d.evelopments that have
already received approval.
Mr. Ellis, Hilary Drive resident since 1976, asked for leniency
for residents who have a lot and allow us to build a house; he
wanted to improve his quality of life; there are people who have
made investments and there has to be compromises.
Wendy Sole concerned about the quality of her life; wants to live
in Tiburon and has been working for three years towards that
objective.
Ken Kurtzmann stated it's difficult to get things approved
through the Design Review Board, Planning Commission and Town
Council; thought the Town does exercise a tremendous amount of
control; it moves slowly; moves deliberately; he can get
testimony from developers who have tried to get developments
through this community; the moratorium does affect single family
lots, small developers and many people adversely; stated he had
owned an individual lot for a number of years.
Mrs. Robinson asked about the exclusion clause in the petition.
Dr. Bessolo stated the petition had been finalized; he has
sympathy with people who have money invested; they had tried to
word it so the small guy wouldn't be hurt, however, legal counsel
advised them it would provide a loophole if they were excluded;
suggested the Council put in a voluntary moratorium which would
exclude little guys.
Mr. Ben-Simon, President Taldan Construction Co., stated he had
developed many projects in many Towns and Cities in the Bay area;
Tiburon would be on top of the list of most restrictive on
development; thought Tiburon has a semi-moratorium in the process
and type of care taken before anything is approved; he had spent
fourteen nights at meetings and they were only half way through
the process; as a developer he would not be willing to repeat the
process; didn't think a developer is a thief or should be
perceived as a negative element; a moratorium would deny others
the opportunity you have already received yourselves; try
positive actions to solve problem; developers are required to pay
for improvements the Town seeks; utilities, drainage systems,
roads, sidewalks, more children to support your school system; he
wanted to appeal to common sense; didn't think a developer or
anybody who owns property should be denied the opportunity
because there are certain problems; a moratorium does not solve
anything; nobody 'will attempt to develop in Tiburon.
Karen Nygren stated she was concerned about the community; she
had a list of lots that had been approved and can be built at any
time; the list totalled 328 lots; there are an additional 175
lots being considered right now; suggested the Council could
possibly consider a building permit control; asked Council to
consider some ruling to control growth; to have controlled
gradual buildout; there was no ordinance to control it; asked how
the residents know there won't be 328 plus 175 more; stated they
were not trying to penalize these people; they were trying to get
Council to respond and act with reason.
TOWN COUNCIL MINUTES i707
October 2, 1985
Page 11
/
/
Councilman Spratling responded that obviously the Town has
problems; there's obviously a difference of opinion of how to
effectively handle the problems'; thought the proposed soluton has
some problems and suggested the following plan.
He stated his proposal had three major parts and all of these
parts are with the objective of setting standards of acceptable
development so that all development in the Town must satisfy
those standards before they proceed. He suggested Council give
direction to Staff to prepare a proposal for complete review of
the General Plan and concentrate on the Circulation Element, Land
Use Element and Open Space Element; direct Staff to investigate
and prepare a proposal for hiring an experienced consultant who
has been involved in review of General Plans who can help the
Council go through the process in the most expedited fashion
possible and that the Staff return with a proposal of public
hearings before the Planning Commission and Town Council that
would tell the Council how long it will take for review of these
various elements of the General Plan which will try to set some
criterians of development; request that Town Staff review the
possibility of an urgency moratorium ordinance with an idea
towards advising the Town Council as to what the scope of such an
ordinance should be, what the duration should be, what the
positive and negative factors of it should be and if they
determine it appropriate, Staff corne back to the Town Council
with a proposed urgency ordinance along with a set of findings
that have been reviewed by the Town Attorney as to the necessity
of such an ordinance for whatever time is specified for review of
these various elements and give Staff direction to report back to
the Council by October 16. Councilman Spratling proposed the
entire Town Hall Staff be instructed that this review of the
General Plan and review of the possibility of a moratorium be
given the highest priority, that is other development proposals
and other development work that is on the table of the Town Staff
be set aside while they are working on this. Councilman
Spratling stated his third part of the proposal was entirely
different than the moratorium contemplates; that concurrent with
the review of the General Plan and concurrent with the review of
the appropriateness of the moratorium, that Town Staff also
independently proceed with review of an inventory of all unbuilt
lots in Tiburon with the idea towards rezoning those lots if the
density appears to Town Staff to be in excess of what is
appropriate for the area based upon considerations in the General
Plan, considerations of the units in the surrounding neighborhood
and the amount of open space next to it; Staff notice the Council
as to considering rezoning of various parcels simply by sending
out notices to the impacted parties and by setting for Planning
Commission and Town Council review possible rezoning of
properties.
Councilman Spratling suggested Staff work in conjunction with the
Lands & Development Committee so that throughout the process
Staff would have input of at least two members of the Council to
give some direction to them.
Councilman Smith supported the suggestions; saw an opportunity to
study how Tiburon relates to the County and other Cities in the
County; if Tiburon can corne up with a methodology of controlling
development in our community, it can become the model for the
rest of the County; perhaps Tiburon can influence what is going
on at the 101 corridor.
Councilman Wilson asked Staff to report on: (1) Tiburon
Boulevard Improvement Fund - how much money has been collected,
from whom, what it has been used for, what's left to be used;
(2) CAL/TRANS plan for Tiburon Wye at 101, and (3) So. Marin
Residential Review Board status.
Councilman Wilson asked the petitioners to be careful about
expense for the Town noting that it will cost $6500 to call a
special election; this money could be spent in a better manner.
TOWN COUNCIL MINUTES #707
October 2, 1985
Page 12
Mayor Bergmann stated there are three counties and 19
jurisdictions trying to resolve traffic problems on the 101
corridor and invited all interested parties to attend a public
hearing on Wednesday, October 9, in Novato.
Vice-Mayor Coxhead agreed with his colleagues; suggested we try
to coordinate our efforts with the County and Strawberry.
MOTION: To incorporate by reference suggestions as previously
indicated.
Moved: Spratling, Seconded by Wilson
Vote: AYES: Unanimous
B. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS
There were none.
I. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Bergmann adjourned the meeting at 12:10 A.M.,
Thursday, October 3, 1985 sine die.
~.l~~
Town of Tiburon
ATTEST:
TOWN COUNCIL MINUTES #707
October 2, 1985
Page 13
MINUTES
ADJOURNED
TOWN OOUNCIL
CALL TO ORDER
Mayor Bergmann called the adjourned meeting of the Town Council
of the Town of Tiburon to order at 7:10 P.M., Tuesday, September
24, 1985, in the Hilarita Community Room, Tiburon, California.
A. BOLL CALL
\
PRESENT:
COUNCILMEMBERS:
Spratling, Wilson, Coxhead,
Smith, Bergmann
ABSENT:
COUNCILMEMBERS:
None
EX-oFFICIO:
Town Manager Kleinert, Planning
Director Hanna, Associate
Planner Chafin, Police Chief
Bailey, Assistant Town Clerk
Hennessy
B. PUBLIC QUESTIONS AND OOMMENTS
Polly Smith, 10 Barner Lane, asked the Council to reconsider
their motion of April 3, 1985 regarding the Cibrian development;
a petition will be submitted to the Town. On April 3, 1985, the
Council amended the resolution to allow sale of Lot 8, however,
Mrs. Smith stated the original intent had been to retain lots 5,
6, 7 and 8 which were above the 200' elevation until the water
tank had been installed and the water line hooked-up for the
neighborhood. Allowing construction above the 200' elevation
reduces the water pressure for existing homes. She asked the
Council to reconsider their action and rescind the motion of
April 3 so that lots 5, 6 and 7 and the next highest in elevation
be kept as a guarantee until the water tank is constructed and
the line connecting to the water tank is installed which will
give adequate water pressure. The petition will also request the
water tank be installed by April 1986.
MOTION:
Based upon new information, Council will reconsider
Cibrian development Resolution restricting sale of four
lots and installation of the water tank and the minutes
of the Town Council meeting of April 3 be included in
the agenda packet.
Spratling, Seconded by Wilson
AYES: Unanimous
Moved:
Vote:
C. PUBLIC BEARINGS & BUSINESS ITEMS
1. VISTA TIBUBON - MASTER PLAN, OONDITIONAL USE PERMIT AND RE-
ZONING (Former Reedland Woods School - Blackfield Drive.at
Via Los Altos - Ordinance, 1st Reading)
The Associate Planner reviewed the Staff report and amendments
that had been incorporated in the draft Ordinance.
Mr. Gonzales, representing Taldan Associates, stated the EIR
consultant was of the opinion that nothing would be gained by an
additional acoustical study, and the developer was still unsure
about the ramifications of Condition 21, but not opposed to it.
The Mayor opened the public hearing.
Karen Nygren, 22 Paseo Mirasol, made the following suggestions:
Add to #4, 7 or 6: Location and preservation of oak trees; Add
to #10: protection of vegetation along the eastern edge of the
property during grading; questioned condition #22 whether the
drainage study referred to the Bel Aire west ditch, and if not,
it should be included; opposed RPD 2 zoning and suggested RPD 1
or RO 2 zoning.
TOWN COUNCIL MINUTES #706
September 24, 1985
Page 1
Frank DeBuren, 35 Via Los Altos, stated the lower road acts like
a megaphone towards his house and he supported the need for
further acoustical study. Councilman Spratling responded to Mr.
DeBuren's question that yes the road can be relocated at the
Precise Plan stage.
John Nygren, 22 Paseo Mirasol, requested Section 2, Item 4a be
changed to reflect a 50' set back between proposed building
envelopes and existing grove.
Larry Duke, 62 Paseo Mirasol, asked that Kol Shofar parking be
specifically addressed at the Precise Plan stage.
David Stollmeyer, 23 Paseo Mirasol, pointed out that this evening
because it was a High Holyday that cars are parked allover Via
Los Alto. and Blackfield Drive, requested that in Section 2, 4c,
the word "consideration" be highlighted to emphasize this need;
noted that the existing neighborhoods of Ring Mt., La Cresta and
Tiburon Hills totalled 173 units and only 42 units were less than
1/2 an acre in size and therefore he submitted that the applicant
is not planning similar compatibility; didn't think zoning should
be RPD 2; didn't think houses along the top was a proper
transition to open space.
Rufus Thayer, 158 Blackfield Drive, asked the Council to consider
reducing traffic impacts when considering this proposal.
Frank DeBuren asked if Item 15 relating to construction hours
could be expanded to include single family construction and not
be limited to subdivision improvement construction.
Councilman Spratling responded that only when the applicant is
the contractor as well as the subdivider then the Council could
impose limitations, however, it was possible to include a
condition in the CC&R's.
Councilman Smith stated he would be in favor of limiting
construction hours early in the mornings.
Larry Duke stated he would be opposed to limiting construction
hours for single family homeowners and thought it would be an
intrusion on the property rights of individual homeowners trying
to build their homes. He asked that if the applicant is also the
contractor the limitation on construction hours be applied to any
subsidiary of Taldan Corporation. Mr. Duke also requested the
Council delay changing the zoning until the Precise Plan stage.
In response to Mr. Duke, Councilman Spratling stated the Council
would need the Town Attorney's opinion as to whether a
municipality would be allowed to approve a density lower than the
range provided with RPD 2 zoning. He acknowledged that given
several conditions which allow for reduction in the number of
lots, it is possible that the resulting yield could be below the
1.1 dwelling units per acre limit established for the RPD 2
district.
The Mayor closed the public hearing.
The Council reviewed the draft ordinance and made the following
changes:
Section 1.
E. verb "has" changed to "have" and "trip" changed to "trips"
H. insert "and Town Council have" after Planning Commission
J. delete paragraph and change subsequent numbering
K. delete word "with" from last line
Section 2.
1. add word "plus" after 7
TOWN COUNCIL MINUTES #706
September 24, 1985
Page 2
2. first paragraph, add sentence, "The report shall comment
specifically on the proposed locations of roadways and
bridges as they relate to potentially hazardous conditions
possibly due to unstable soils, both on-site and off-site."
second paragraph to read: "The report shall also
specifically evaluate the hazard posed by the collapsed
railroad tunnel and recommend methods to mitigate hazards to
development on affected lots."
third paragraph, first line, delete "Planning Commission"
4. c. first line to read: "...height, mass, profile and
spatial separation of all dwelling units and building
envelopes in order..."
next paragraph, delete the words "and hazardous"
5. section a, second line, delete "by" and insert "including"
section b to read: "All roadway intersections into and
within the project site shall be designed to the standards
and satisfaction of the Town Engineer and Superintendent of
Public Works in the Precise Plan to avoid left-turn short
cutting. Roadways may be required to be realigned
horizontally and vertically and raised medians or other
devices installed to channel traffic into proper turn
locations and improve safety in accordance with requirements
of the Town Engineer".
add section "c. The project roadway intersection with Via
Los Altos shall be designed to meet safety criteria and also
to mitigate the impact from headlights on neighboring
residences."
next paragraph, delete "If the Town finds that, as a result
of the modifications, adverse impacts are created or are not
mitigated" and insert "If implementation of the above
additions and modifications do not adequately mitigate the
adverse impacts created by the development, then..."
6. add section "e. identification of and preservation of other
existing desirable trees such as oak, bay and willow trees".
7. second paragraph, 4th line, to read: "and individual trees
which pose a hazard or are intrusive shall be identified for
purning, topping and/or removal consistent with the objective
of preserving the grove".
8. add at end of sentence:
activities".
"...and limitation on construction
11. Insert "..before May lor" after word "occur"
15. first line, delete "will" insert "shall"
21. delete "Harrison" and insert "Harris". Three lines from
bottom of paragraph to read: "...more than its formula
based share of..."
24. add paragraph: "A parking plan including landscaping shall
be submitted at the time of the Precise Plan stage".
25. add at end of sentence: "...or payment of in-lieu fees".
MOTION:
Moved:
Vote:
To read by title only
Spratling, Seconded by Wilson
AYES: Unanimous
The Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON APPROVING CHANGE OF ZONING FROM RO-2 TO RPD-2, APPROVING
THE VISTA TIBURON MASTER PLAN, AND APPROVING A CONDITIONAL USE
PERMIT FOR CONGREGATION KOL SHOFAR
TOWN COUNCIL MINUTES #706
September 24, 1985
Page 3
Councilman Spratling stated there were a lot of concerns
regarding the maximum density specified in the Master Plan; he
supported the conceptual design of the plan, however, he wanted
it clear that the developer has a very tall pole to climb to get
anywhere near the maximum density at the Precise Plan stage given
all the conditions the Council has imposed.
MOTION:
To pass first reading of the aforementioned Ordinance
as amended subject to the condition that the Town
Attorney gives the Council an opinion that the
specification of the RPD 2 zoning would not prevent the
Council from approving a number of units at the Precise
Plan which is lower than the minimum number in the range
of density permitted by the RPD zoning district as
applied to this project site
Moved:
Vote:
Spratling, Seconded by Smith
AYES: Spratling, Wilson, Smith, Bergmann
NOES: Coxhead
Item continued to October 2.
EXECUTIVE SESSION
Council set an Executive Session for 5:30 P.M., Thursday,
September 26, 1985 in the Town Manager's office to discuss
litigation.
Councilman Spralting left the meeting.
2. BLACKIE'S PASTURE (Preliminary Review of Landscape
Development Plans & Authorize Grant Application - Resolution)
Associate Planner Chafin reviewed the Staff report and asked
Council to approve the design development plan and adopt the
Resolution to allow the Town to apply for grant funding fro~ the
State. Additional public hearings to receive detailed public
input will be held before the Planning Commission and Town
Council in October. Mr. Chafin then reviewed the changes in the
plan which addressed the Town Engineer's previous concerns.
Discussion ensued regarding the existing crosswalk at Greenwood
Beach Road; its removal when the signalization is installed at
Trestle Glen; the Town's continuing efforts to have pedestrian
signals installed at Greenwood Beach Road; CAL/TRANS' recent
response that they will await the completion of Blackie's Pasture
and study the area again to determine if it meets their warrant
criteria. Council directed Town Staff to indicate the existing
crosswalk on the plans and send these drawings to CAL/TRANS
indicating this is the Town's goal in developing Blackie's
Pasture.
The Mayor opened the public hearing.
James Malott, President of Greenwood Beach Road Homeowners
Associaton, stated the plan provides a reasonable closure of
Greenwood Beach Road and he assumes the right-of-way is being
narrowed to about half and perhaps further narrowing to 11 or 12'
with turf block; still questioned the placement of parking in the
left area which is the highest point of Blackie's Pasture; this
parking will be affecting the view of the City; questioned why
volleyball court is in the center focal area; thought this was
inappropriate usage and suggested it be moved closer to McKegney
Green; thought relocation of existing service road was an
unnecessary expense; objected to Greenwood Beach Road entrance;
he supported sending this plan to the state for the grant
application and suggested berm area be used for overflow parking.
Mr. Chafin described where the bike path would be relocated in
response to Grace Richardson's question.
Mr. Johns, 42 Greenwood Beach Road, asked if the plans could be
changed and Mr. Chafin explained they could be.
The Mayor closed the public hearing.
TOWN COUNCIL MINUTES 1706
September 24, 1985
Page 4
Councilman Smith expressed the Council's opinion that the
Planning Commission, Design Review Board and the specially
appointed ad-hoc committee had all agreed to leave the entrance
to the park at Greenwood Beach Road.
Mayor Bergmann agreed the volleyball court was inappropriately
sited and questioned why the road service should be moved.
Vice-Mayor Coxhead asked if the proposed bridge was strong enough
to support two-way traffic. The Associate Planner stated the
plans hadn't gotten into detailed design. Vice-Mayor Coxhead
agreed the berm area should be leveled for additional parking;
pointed out that poplar and alder trees could reach 90' heights
and could block views xrom the Reedlands and might inter fer with
sight di~tances along TibuTon Boulevard; also agreed there should
be no active sports area in the middle of the park.
Councilman Wilson agreed with previous statements; interested in
maintaining flexibility and making adjustments; didn agree with
the plan as submitted.
The Associate Planner stated the landscape architect placed the
volleyball court near the multi-use path to be near the higher
level activity along the multi-use path.
Councilman Smith liked the plan as it has evolved; like usage of
Trestle berm; didn't feel strongly about volleyball court issue
as to whether it was appropriate.
MOTION: To approve Resolution Approving Application for Grant
Funds under the Regional Competitive Program of the
California Park and Recreational Facilities Act of 1984
for Blackie's Pasture and said resolution and plans
should be forwarded to CAL/TRANS for purposes of
evaluating pedestrian crossing and signalization at
Greenwood Beach Road
Moved: Wilson, Seconded by Smith
Vote: AYES: Unanimous
NOES: None
ABSENT: Spratling
The Town Manager informed Council that Resolution No. 2325
adopted in July 1985 required two minor changes: Section 2, l(c)
should read "non-regulation" and (i) delete 5 and insert 4.
D. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Bergmann adjourned the meeting at 9:30 P.M., to
Executive Session at 5:30 P.M., Thursday, September 26, 1985 in
the Town Manager's office.
~
VALERIE W. ~
Town of Tiburon
ATTEST:
TOWN COUNCIL MINUTES #706
September 24, 1985
Page 5
MINtJ'l'ES
'!'OWN OOUNCIL
CALL '!'O ORDER
Mayor Bergmann called the regular meeting of the Town Council of
the Town of Tiburon to order at 7:40 P.M., Wednesday, September
18, 1985, in the Hilarita Community Room, Tiburon, California.
A. ROLL CALL
PRESENT:
COUNCILMEMBERS:
Spratling, Wilson, Coxhead,
Smith, Bergmann
ABSENT:
COUNCILMEMBERS :
None
EX-oFFICIO:
Town Manager Kleinert, Town
Attorney Ragghianti, Planning
Director Hanna, Planning
Associate Chafin, Town Engineer
Bala, Chief of Police Bailey,
Assistant Town Clerk Hennessy
B. APPBOVAL OF MINUTES
1703, September 4, 1985
Page 4, 7th paragraph to read: "...to see applicant's position
on the cost to build if he were required to build..."
Page 5, 1st paragraph, 2nd line, insert "in Cluster A" after
"reduced" and 5th line, insert "more" before "separation".
Page 6, 4th paragraph, change word "problem" to "solution".
Page 6, 5th paragraph, delete word "an" in first sentence.
MOTION:
Moved:
Vote:
To approve Minutes '703 as amended
Coxhead, Seconded by Spratling
AYES: Unanimous
c.
APPOINTMENTS it) OOMMISSIONS, BOARDS, OOMMITTEES
There were none.
D. OOMMISSION AND OOMMITTEE ORAL REPORTS
Councilman Spratling reported on the Lands & Development
Committee meetings. They had met with representatives of the
Perini Land & Development Company with regard to Condition 16 of
the Resolution approving the Perini Precise Plan Phase I. It was
agreed the matter be left for clarification at the Precise Plan
Stage II because at that time the Town will know the applicant's
total contribution to the drainage project.
The Lands & Development Committee also met with representatives
of the Point Tiburon project for purposes of reviewing the CC&R's
proposed by the developer for the bayside units. The CC&R's were
to be approved by the Town Attorney before going to the
Department of Real Estate for approval, however, due to the
bankruptcy of the primary lender institution and subsequent
number of changes, this was not done. The Town Attorney has
proposed a number of changes which have been agreed to by the
developer; one change not adopted by the applicants was for the
Town to require the right to levy an assessment on the
association in the event landscaping is not maintained in a
certain manner. Applicant objected to this condition and it
would have required amendments with the Department of Real
Estate. The most important common area landscaping is the strip
of lawn on the north side of Paradise Drive and making sure it is
maintained in a similar manner as the Town maintains the
TOWN COUNCIL MINUTES '705
September 18, 1985
Page 1
Shoreline Park; applicant believes the association would want to
keep this area in good repair. The Management Contract for the
lagoon area will still come before the Town Council. The Lands &
Development Commitee recommends ratifying the Town Attorney's
decision to approve the CC&R's.
MOTION: To ratify the Town Attorney's approval of the
bayside CC&R's
Moved: Spratling, Seconded by Wilson
Vote: AYES: Unanimous
Councilman Spratling stated he met with representatives of the
Schonfeld application with respect to in-lieu fee formulas and
would discuss this item during the public hearing.
Mayor Bergmann will attend the Marin Conservation League Meeting
on September 14 along with represe"ntatives of other jurisdictions
in the County regarding 101 Corridor plans.
, E. PUBLIC QUESTIONS AND OOMMENTS
There were none.
F. OONSENT CALENDAR
Item 5, Council Policy (Deadline for Submittal of Agenda
Material) was removed.
MOTION: To approve the Consent Calendar consisting of the
following items:
1. POLICE REPORT (August 1985)
2. 1985-86 OPEN SPACE BOND TAX RATE - Resolution
3. BELVEDERE SPORTS CHALLENGE (Ayala Day) - Resolution
4. GILMARTIN DRIVE ASSESSMENT DISTRICT
a. Order to rile Amended Assessment
Moved: Spratling, Seconded by Wilson
Vote: AYES: Unanimous
5. COUNCIL POLICY - (Deadline for Submittal of Agenda Material)
Vice-Mayor Coxhead objected to 5 P.M., Thursday preceeding
Council meeting, as deadline for public's submittal of comments
for the next Wednesday's Council meeting. After considerable
discussion, it was agreed to continue this item to next meeting.
G. PUBLIC BEARINGS Ai BUSINESS ITEMS
6. SCHONFELD PRECISE PLAN Ai TENTATIVE MAP (Resolution)
The Associate Planner reviewed the Staff report. The item had
been continued primarily to address points relative to the in-
lieu housing fees' formula and conditions regarding slide
repairs; these have been incorporated in the revised
Resolution. Exhibit A of the Resolution shows the in-lieu fees
based on actual costs which will be provided prior to recordation
of the Final Map rather than percentages.
Councilman Spratling stated Staff was concerned about the low
appraisal of the land by County Assessor and proposes the Town
base land costs on market value; he disagreed, however, believed
site improvement costs should include slide repair costs; thought
County assessment was low because of the land slide; suggested
Council use County Assessor's figure for land costs, and include
land slide repair costs in site improvement costs.
Ken Kurtzman, representing applicant, stated he had no response
to the proposed calculation formula and asked that the Resolution
be considered for adoption with the reservation that the
applicant might have some objection to the in-lieu formula.
The Mayor opened the public hearing.
TOWN COUNCIL MINUTES #705
September 18, 1985
Page 2
Dick DuBarry, 68 Red Hill Circle, asked Council to provide some
traffic control for Red Hill Circle; during current construction
there have been times when the street has been blocked; suggested
one side parking during construction.
The Mayor directed his request to the Traffic Safety Committee
for consideration.
The Mayor closed the public hearing.
Councilman Spratling stated he knew the Traffic Safety Committee
would make recommendations to the Town Manager who would impose
the conditions as required; also proposed adding Condition 13 to
the Resolution to state:
13. "Applicant shall comply with all conditions and requirements
of the Town Manager with respect to control of construction
vehicles, workmen parking and traffic circulation."
Vice-Mayor Coxhead enumerated his concerns regarding massive bulk
of units on the hill; questioned why the largest units are on the
most visible portion of the hill; suggested more separation
between units in Cluster A; suggested Condition 10 landscape
maintenance be extended from 3 years to 5 years.
Councilman Wilson stated he respected Vice-Mayor Coxhead's
concerns but these matters have been considered by the Planning
Commission and Design Review Board; didn't think as a Council
they should redesign project after all the previous hearings have
heard these matters and were appointed for that reason.
Councilman Smith agreed.
MOTION: To approve Resolution Approving the Schonfeld Precise
Plan and Tentative Map with the addition of Condition
13, regarding construction activity, provided that,the
in-lieu fee calculation be based on the County Assessors
value and the site improvement costs and construction
costs include slide repair and be based upon actual
development costs or bid documents
Moved: Spratling, Seconded by Wilson
Vote: AYES: Spratling, Wilson, Smith, Bergmann
NOES: Coxhead
7. POINT TIBURON PRECISE PLAN AMENDMENT (Staff Approval for
Commercial Space - Resolution)
The Associate Planner reviewed the Staff report. Applicant
requested Staff approval for commercial use; Planning Commission
chose to retain review; Staff recommended administrative review.
Councilman Spratling questioned procedure; request was to amend
the procedure normally required of the PD zoning district; asked
whether the Town could amend the Master and Precise Plan of a
development which would exempt them from the requirements of PD
zoning.
The Town Attorney stated the entire procedure is being amended in
the amended Zoning Ordinance; stated applicant was asking for
approval of a list of uses without coming back for specific
hearings and he 'thought an orinance might be required.
The Mayor opened the public hearing.
George Wells, Director of Commercial Leasing for Point Tiburon,
stated that to bring every tenant before the Planning Commission
and Town Council would be time consuming; needed some procedure
to expedite the permit review process so as not to delay opening
of the commercial area.
Mike Masterson, The Innisfree Companies, suggested a list of
approved and unallowed uses be prepared for administrative
approval.
TOWN COUNCIL MINUTES #705
September 18, 1985
Page 3
The Mayor closed the public hearing.
Discussion ensued regarding preparing a list of allowable
resident serving uses; the need to stick to procedure or widely
publicize the proposed adoption of an ordinance to change the
procedure.
Councilman Wilson suggested drafting an ordinance for the
occupancy phase of Point Tiburon and compose a special panel of
the Council's Public Services Committee and two members of the
Planning Commission appointed by the Chairman of the Planning
Commission to meet on call to consider uses and these be public
meetings. Councilman Spratling agreed.
Council 9irected the Town ~ttorney. to draft an ordinance or
resolution, as appropriate, to permit a different type of review
for Point Tiburon for the initial ,occupancy only. Town Attorney
stated he wished to review the request further with the Staff and
applicant.
Item continued to October 2, 1985.
8. BELVERON DRAINAGE STUDY (Adopt Amended 1975 Drainage Study)
The Finance Director reviewed the Staff report. The Town
Engineer stated he had presented the Plan to the Belveron
Homeowners Association and responded to their questions; the Town
needed a formally adopted drainage plan to be used in determing
per acre drainage fees and explained work being done in Blackie's
Pasture as part of the Perini Development approval and work
proposed to be done.
The Mayor opened the public hearing. There being no comments,
the Mayor closed the public hearing.
MOTION: To adopt Resolution Adopting the April 1985 Belveron
Gardens Preliminary Design of Drainage & Street
Improvements as an Amendment to the Town of Tiburon
Master Drainage Plan
Moved: Wilson, Seconded by Smith
Vote: AYES: Unanimous
9. TIBURON BOULEVARD/SAN RAFAEL AVENUE UNDERGBOUNDING DISTRICT
FORMATION (Resolution)
The Finance Director reviewed the Staff report. The Town Manager
stated the undergrounding of the utilities was being coordinated
with CAL/TRANS signalization project at the intersection and work
was expected to be done in Spring 1986.
The Mayor opened the public hearing.
In response to resident, 849 Tiburon Boulevard, the Town Manager
asked P.G.&E. representative to work with the resident in r~gards
to location of the riser pole.
The Mayor closed the public hearing.
MOTION:
To adopt Resolution Stating Intention to Underground
Utilities at the Intersection of Tiburon Boulevard and
San Rafael Avenue
Smith, Seconded by Wilson
AYES: Unanimous
Moved:
Vote:
12. LA CRESTA (Tiburon Crest - Request for One-Year Extension to
File Final Map - Resolution)
The Planning Director reviewed the Staff report recommending
approval with condition of landscaping of watertank as approved
by the Design Review Board before Final Map is filed. He stated
that the Water District feels they have fulfilled their
obligation and have no objection to having landscaping and will
provide irrigation for the landscaping.
TOWN COUNCIL MINUTES 1705
September 18, 1985
Page 4
Mayor opened the public hearing.
Mr. Nana, the owner, stated he had a landscape plan; MMWD had
recently agreed to provide water, however, he didn't know if his
prepared plan would work with low water pressure; the plan was
originally rejected by the Planning Commission because they felt
it would make the water tank more prominent.
Councilman Smith suggested the Design Review Board consider that
the tank be painted silverblue.
MOTION: To approve Resolution Approving an Extension of Time
for Filing the Final Map for Unit II of the La Cresta
Subdivision with a planting and irrigation plan
installed or guaranteed and reviewed and approved by the
Design Review Board
Moved: Wilson, Seconded by smith
Vote: AYES: Unanimous
10. VISTA TIBURON MASTER PLAN, CONDITIONAL USE PERMIT AND RE-
ZONING (Former Reedland Woods School - Blackfield Drive at
Via Los Altos)
The Associate Planner reviewed the Staff report; the draft
Ordinance had been amended pursuasnt to Council's direction.
Councilman Spratling proposed a new Condition 21 to read:
"Applicant shall contribute an amount to be specified by the Town
at the time of Precise Plan approval towards the cost of the
Ricardson Bay Transportation Study by Harris Associates.
Applicant shall also be required to post, prior to recordation of
the Final Map, financial security in an amount and for a term
determined by the Town Engineer and in a form acceptable to the
Town Attorney, subject to approval by the Town Council, at ~he
time of Precise Plan, to fund traffic mitigation solutions
recommended by that Study. The applicant's share of the cost of
any traffic improvement, recommended as a traffic mitigation
solution by the Study and accepted by the Town Council, will be
set by formula established by the Town Engineer and approved by
the Town Council; however, in order to timely mitigate the
traffic impacts of the project, applicant may be required to
initially advance to the Town more than its share of the cost of
improvements, subject to reimbursement according to a methodology
to be established by the Town at the Precise Plan."
Discussion ensued regarding amount to be required; whether other
alreaQY approved developments would share the costs of such a
study; fees imposed on building permits; the necessity to have
funds available when CAL/TRANSapproves improvements;
reimbursement of funds advanced in excess of pro-rata share.
The Mayor opened the public hearing.
Gene Marty, 26 Paseo Mirasol, placed a tissue overlay over
proposed development plans that illustrated a plan that at least
12 of the neighbors recommended; the plan showed a different road
configuration.
Frank DeBuren stated he had presented the plan to the Planning
Commission and it had been signed by approximately 20 persons; no
homeowner supported the developer's plan; thought the proposed
lots were small in comparison to his property and suggested three
lots be reduced to two lots as shown in the lower right hand
corner of the plans.
In response to Mayor Bergmann, Mr. Roberto stated the residents'
plans were not feasible because of the existing cut and change in
elevation at the soccer field which would require quite a bit of
fill and perhaps a major drainage diversion; the developer's
original plan years ago showed a roadway on the right of the
eucalyptus grove, however, Mr. Bolles expressed concern regarding
number of trips per day of cars in his area and that was the
TOWN COUNCIL MINUTES #705
September 18, 1985
Page 5
major reason for changing the roadway. Mr. Kurtzman pointed out
that the residents plans allowed for 24 home sites.
Mr. Marty stated the residents felt the proposed plan was too
dense. In response to Councilman Spratling, the Planning
Director stated his recollection of the Planning Commission's
consideration of the residents proposal was that the steepness of
the grade was enough to offset much consideration of this plan.
Planning Commissioner Larry Duke stated that when this plan was
presented to the Planning Commission some felt it was a good
plan; the Commission had made a number of suggestions to the
applicant, none of which the applicant responded to as suggested;
there was some support_ for this particular design.
Mr. Roberto stated Commissioner Duke is making statements as to
his position and does not reflect Mr. Roberto's recollection and
the minutes of the Planning Commission's recommendation to adopt
Resolution supporting the developer's design.
Mr. Ben-Simon stated a problem was issues being discussed again
and again; plans being changed; developer trying to respond and
issues being discussed again.
Bill Stewart, 2 Paseo Mirasol, asked Council to consider the
concerns and needs of the neighborhood; density approved 15 and
30 years ago for surrounding neighbors not applicable today;
asked Council to look at proposal in a balanced way and insure we
don't create additional problems.
David Stollmeyer, 23 Paseo Mirasol, thanked Council for attending
field trip; stated Figure 9 of the EIR showed clearly three
rather significant debris flows corning into the direct pat of the
left side of the proposal.
Planning Commissioner Larry Duke stated he agreed with Mr.
Roberto that there was a split vote of the Planning Commission of
which he was a minority; there were three issues he didn't feel
were addressed at the Planning Commission level, i.e., use of the
synagogue with 94 parking spaces and a projected growth to 350
families; the area once designated as a regional park, the zoning
was changed to residential and suggested some of the property be
set aside as a passive recreation area and also suggested there
may be a conflict between certain aspects of the General Plan and
the use of this property.
Irving Schwartz, engineer, stated slide areas are visible,
however, they would have to flow uphill to reach the developer's
property; the slides are aimed at existing houses; in the future
investigation that is required, if it is determined there will be
impact of the proposed building sites they will have to be dealt
with by either repairing slide area or deleting building site.
Discussion ensued regarding annual review of conditional use
permit to review level of compliance and the fee covers
administrative costs if it is determined appropriate that the
situation has to be discussed by the Planning Commission and Town
Council; it was not intended that the synagogue reapply for a use
permit each year. Mr. Kurtzman agreed with the intent but not
the wording of the condition and it was agreed to add: "any
requirement of the inspector to comply with applicable codes and
ordinances shall be met within reasonable time limits".
Mr. Marty reiterated that the homeowners wanted the plan he
presented to the Council and not the developer's proposed plan.
The Mayor closed the public hearing.
Vice-Mayor Coxhead stated he felt the use of the cultural
resources center was appropriate and acceptable and glad to see
such a use of that facility; still had concerns about drainage
and wanted to be sure there was no flooding in the Bel Aire area;
concerned that traffic on Blackfield Drive will increase greater
TOWN COUNCIL MINUTES 1705
September 18, 1985
Page 6
than what traffic consultants are projecting; didn't feel
reduction of 41 to 34 sites and attendant impacts is sufficient;
felt RPD 1 zoning more appropriate than RPD 2; compared density
of this project to density of other projects; asked that at the
Precise Plan stage there be a rendering of Mr. DeBuren's home and
homes along the top of the plan; thought it important to preserve
oak tree on lot 28; very concerned about potential hazard of
eucalyptus grove and also felt it was important to maintain
grove; concerned about bridge due to threat of tree limbs falling
on people and vehicles; concerned about mud flows and impediment
to natural drainage area; felt clustering is tight and not
compatible with the surrounding area; concerned about guest
parking on streets 26' wide; suggested limiting size of some of
the homes in the area near the tunnel; suggested further study of
alternate, roadway so 16 homes don't impact DeBuren's property;
recommended addition to last sentence in paragraph 8 to state:
"If the Town finds that the eucalyptus trees could create
hazardous and unsafe conditions threatening life and property,
changes in lot and street design, including a reduction in the
number of lots may be required as a means of mitigating such
impacts"; didn't think acoustical study is appropriate because
the Town has certified an EIR; the planning consulant proposed 21
to 33 units as Alternate V in the EIR; proposed a range of 21 to
a maximum of 35 parcels.
Councilman Wilson stated he wasn't in favor of a wide range of
density and would vote for 35; reenforced what he had previously
said about backing up the appointed bodies who had reviewed and
approved the proposed plan; obvious many of the neighbors have
concerns about density, traffic and personal impacts; as a
Council they were charged with striking a balance between
impacts; felt applicant has made an effort to distribute impacts
as much as possible; if approved, the neighbors will hear noise
of construction and see the backs of houses when they are built;
suggested the resolution be approved as proposed for 35 parc€ls
which includes synagogue parcel and add four conditions, i.e.,
Town Engineer's proposed improvements at three intersections;
loop at entrance should be studied as to whether it's necessary
or should be replaced; entrance to synagogue parking lot should
be studied to reduce traffic problems; open space gap at
northwest site of the project should be reduced in size so that
the cluster on northside could be opened up more and gap follow
natural contours.
Councilman Spratling agreed a range of 21 to 35 would represent
an illusory approval; thought it was entirely possible the
Council could approve 35 and end up with 21 due to restrictions
listed in the ordinance; thought upper portion where there are
seven homes proposed was too dense; thought six was possible and
preferred five; ordinance as proposed gives Council flexibility
and recommended maximum density of 34 residential lots with the
understanding it could be cut significantly during the Precise
Plan stage.
Councilman Smith agreed density issue should be decided now;
questioned how to preserve a grove of eucalyptus trees and care
for safety of people who live on other side of it; suggested
possibility of elimination of one lot at Mr. DeBuren's corner to
solve problem at this intersection from safety standpoint and
lessen impact on'IDeBuren property.
Mayor Bergmann stated her major concerns since the field trip
were not so much neighbors being impacted but interested in
safety of the proposed development at three intersections and
possible slide areas; not about to approve anything that might
widen slide corridor; wouldn't want to live near eucalyptus trees
because they are hazardous; favored approving 34 sites since
there was plenty of leeway to remove sites where they weren't
feasible.
The majority of the Council agreed on the following amendments to
the ordinance:
TOWN COUNCIL MINUTES 1705
September 18, 1985
Page 7
Addition of Condition 22 as proposed by Councilman Spratling;
concern regarding eucalyptus grove as proposed by Vice-Mayor
Coxhead; condition 4c, Compatibility: Maximum density as written
subject to limitations; Condition 24, last sentence of first
paragraph regarding conditional use permit written as previously
suggested; consideration of some conditions may result in
reduction of lots should be added to Conditions 5 and 6 and make
these two conditions a single paragraph with sub-parts.
Item continued to 7:00 P.M., September 24.
11. BLACKIE'S PASTURE
Item continued to September 24.
B. OOMMUNlCATIONS, STAFF AND TOWN MANAGER ITEMS
JOINT TOWN CDONeIL/PLANNING CDMMISSION N>RKSBOP
Meeting set for October 8, 1985 at 7:30 P.M.
I. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Bergmann adjourned the meeting at 11:55 P.M., to
7:00 P.M., Tuesday, September 24, 1985 to discuss Zelinksy Master
Plan.
~~
Town of Tiburon
ATT/{J
R. L. KLEINERT, TOWN MANAGER/CLERK
TOWN COUNCIL MINUTES 1705
September 18, 1985
Page 8
MINtrl'ES
ADJOURNED
'lOW OOUNCIL
CALL '.00 ORDER
Mayor Bergmann called the adjourned meeting of the Town Council
of the Town of Tiburon to order at 7:40 P.M., Tuesday, September
10, 1985, in the Hilarita Community Room, Tiburon, California.
A. ROLL CALL
PRESENT:
CO UNCI LMEMBERS :
Spratling, Wilson, Coxhead
Smith, Bergmann
ABSENT:
COUNCILMEMBERS :
None
EX-oFFICIO:
Town Manager Kleinert, Planning
Director Hanna, Associate
Planner Chafin, Town Engineer
Bala, Chief of Police Bailey,
Assistant Town Clerk Hennessy
B. PUBLIC QUESTIONS AND OOMMENTS
Rod Bessolo informed the Council that there was a group of people
working on a petition which would seek to place a moratorium
ballot measure on the April ballot; they didn't think traffic
problems have been foreseen by various planners and studies; in
order to find time to study these problems and find solutions to
these problems, the petioners will seek a moratorium initiative.
Councilman Spratling stated it was understood Dr. Bessolo's
petiton was distinct from moratorium petition received by the
Town from Mrs. Mayberry.
Mayor Bergmann suggested all interested parties attend the
October 2 Town Council meeting for a discussion of the moratorium
issue and if necessary a Town meeting would be held to exlore the
issue further.
Staff was asked to prepare background information regarding the
Tiburon Boulevard Improvement Priorities List and gather
pertinent information from CAL/TRANS regarding their plans for
Tiburon Boulevard within and outside the Town's limits.
C. PUBLIC BEARINGS&: BUSINESS ITEMS
1. VISTA TIBURON - MASTERPLAN, OONDITIONAL USE PERMIT AND
BE-ZONING (Former Reedland Woods School - Blackfield Drive at
Via Los Altos)
Associate Planner Chafin stated that presentation by the
developer and Staff had been made at the August 7 meeting. The
applicant had requested an extension of 90-days for final action
on the application so the new deadline for Town Council action is
December 27; this information was provided to advise the Council
of the change and not to suggest any delay in Council action.
'-,
In response to Vice-Mayor Coxhead, Mr. Chafin stated a study has
been proposed for Tiburon Boulevard from Cecilia Way to Highway
101; funds were not currently available; this developer would be
asked to contribute to such a study.
In reference to Condition 22 of the proposed Ordinance,
Councilman Spratling suggested this condition was insufficient to
address concerns regarding this intersection and asked Council to
consider expanding that condition to include wording of a formula
for the applicant to fund the study at the Precise Plan stage and
also contribute an amount the Council feels appropriate for the
study at Tentative Map stage and any monies required for said
improvements be paid at time of the Final Map.
TOWN COUNCIL MINUTES #704
September 10, 1985
Page 1
In response to Councilman Spratling, the Associate Planner stated
the Planning Commission was generally satisfied with the
transition between this development and the Ring Mountain open
space and there were conditions in the Ordinance which addressed
some continuing concerns. Staff was not totally satisfied with
the pattern, but found it generally acceptable with conditions.
Mr. Chafin used a map to indicate an area of concern near Paseo
Mirasol. In regard to houses located on a possible unstable soil
area, the Associate Planner stated the applicant had indicated a
willingness to embark on a land slide repair program.
Councilman Spratling requested the phrase "including lot
reduction" be changed to: "including a reduction in the number
of lots" ,throughout the conditions. of approval.
Discussion ensued regarding previous County zoning and
calculation of lot sizes in comparison to neighboring
developments.
The Town Manager suggested the proposed ordinance was getting
into too much detail for the Master Plan stage.
\
Mr. John Roberto, project planner, stated Don Herzog, soils
engineer, Mark Crane, traffic analyst, Irv Schwartz, engineer,
Ken Kurtzmann, architect, were present to respond to questions.
Mr. Roberto stated they had made application for a 41 unit lot
subdivision; the applicant had gone through nine hearings before
the Planning Commission; after extensive review of the EIR, the
Town's General Plan and the application, the Planning Commission
recommended that 34 single family lots and the seven acre site
for the synagogue conforms to the criteria established by the
guidelines for the Town; the applicant was responsive in terms of
the Open Space Element of the Town; had moved four lots away from
the eucalyptus grove to protect that area; provided fingers:of
open space as well as easements to access the Nature
Conservancy's open space; prepared graphics to demonstrate
compatibility with existing and proposed housing; have made
preliminary contacts regarding sites for low/moderate income
housing requirements or possibly contribution to in-lieu fees;
had provided for 75' set backs from the property line in addition
to 100' of open area provided by the former railroad right-of-
way; applicant was proposing an extensive landscape program which
they felt would protect privacy; no views were being blocked; the
applicant asked for approval of their application.
Ken Kurtzmann said he thought some issues and conditions were too
precise for the Master Plan stage; asked if the Commission and
Council support the philosophy of a single lot subdivison similar
to surrounding neighborhood.
The Town Engineer stated he raised questions regarding drainage
at the time of the EIR review in his March 18 letter which have
not been answered; concerned about damage on west side which is
in Flood Control Zone 3 and other minor drainage problems. Mr.
Bala stated his August 5 letter states the subdivider should not
assume technical feasibility of streets and grading, i.e.,
driveways on 25' slope. He also stated pedestrian traffic was
not resolved; the intersection of Via Los Altos and Blackfield
Drive and neighboring streets would have to be improved at the
expense of the developer. In response to Councilman Spratling,
the Town Engineer stated he would like his letters of March 18,
July 24 and August 5 included by reference in the ordinace.
Councilman Spratling stated there should be no assumption that
the technical feasibility of various aspects as depicted on the
drawing has been established and agreed the Town Engineer's
concerns be incorporated in the ordinance.
The Mayor opened the public hearing.
Frank DeBuren, 35 Via Los Altos, stated the original application
did not show an access road at Via Los Altos; when the plans were
TOWN COUNCIL MINUTES #704
September 10, 1985
Page 2
changed he was not contacted; the line of sight at this
intersection is less than 100' and asked the Town Engineer to
study this proposed intersection; there have been two accidents
in this area in the last six months; headlights of cars
approaching the intersection would shine into his home; expressed
concern that lot 28 of the new plan was sited where a large oak
tree existed and would have to be removed; suggested three lots
instead of four across from his property. In response to Vice-
Mayor Coxhead, Mr. DeBuren stated the proposed road was located
where the existing service road is located.
In response to Councilman Spratling, the Town Engineer stated the
proposed intersection would have to be well designed with proper
sight distances and other safety factors and these would be
discussed. at the Precise Plan stage.
Councilman Spratling stated since the Master Plan stage does
consider density and traffic circulation he asked the Town
Engineer if he would say whether he thought the intersection was
feasible or might he eliminate it as an access to the subdivison
after the Council approved tat access in the Master Plan.
Councilman Smith agreed that this issue should be resolved at the
Master Plan stage. The Town Engineer stated the intersection was
feasible but not inexpensive.
Mr. Roberto responded that the applicant worked with traffic
consultants who provided specific recommendation of Via Los Altos
as an alternate route to divert traffic from Blackfield Drive.
Rufus Thayer, Blackfield Drive, stated calculations made from the
EIR showed approximately 50% increase in traffic on Blackfield
Drive; this project will account for 600 trips or 23% increase;
he emphasized Blackfield Drive has been a quiet residential
street; stated public health and safety were important; stated
Council shouldn't go ahead with further projects until a
comprehensive review has been done on impacts of residential
streets such as Blackfield Drive; he suggested the "TIRE index"
does not address the issue.
Ken Brown, 305 Trestle Glen, member of Congregation Kol Shofar
stated he had reviewed the proposal and thought it was desirable
for all the citizens of Tiburon; it provided moderately low
density and a first rate synagogue as a cultural center; the
proposal has been reviewed many times and has addressed all the
issues; asked Council to review the facts and do what will
constitute good planning and good land use and approve this
project.
Gail Ronn, 220 Blackfield Drive, stated she felt intersection
going to the development from Blackfield was life threatening;
thought it was an important issue and hadn't heard it
addressed. The Town Engineer stated this issue is addressed in
his August 5 letter and the Associate Planner stated it is
discussed in the EIR.
Doris Symonds, Blackfield Drive, stated she didn't think the
Planning Commission listened to their concerns; she was concerned
mainly with traffic but also drainage; stated Bel Aire School
created traffic; synagogue use would create traffic; the Tiburon
Crest development would also add traffic; felt too much impact on
the community with additional housing going in.
In response to Councilman Spratling, Staff stated the proposed
expansion of the synagogue was computed into the cummulative
traffic impacts in the EIR as was the daycare center.
Gene Marty, 26 Paseo Mirasol, used the map to illustrate where
the original proposed roadway existed; he referred to the EIR
report and a letter from Fish & Game Department which enumerated
concerns that the area along the creek held significant native
vegetation and there would be a significant impact if
construction were located there; he asked for a 25' set back,
plus a 75' set back from property line for the proposed roadway.
TOWN COUNCIL MINUTES #704
September 10, 1985
Page 3
David Stollmeyer, 23 Paseo Mirasol, stated there were four
distinctive different areas in the proposal and each area had a
different problem; asked about eucalyptus trees's overhang in the
grove area being included within lot areas.
Bill Wallace, 69Paseo Mirasol, stated circulation factor is
viable part of the Master Plan; felt up-hill grade of Via Los
Altos should be addressed at this stage.
Karen Nygren, 22 Paseo Mirasol, pointed to the current playfield
area of map which she stated depicted areas two stories higher
than the adjourning Paseo Mirasol properties; the developer was
proposing two story hOllses so that these houses would then be
four sto~ies higher than existing houses; trees are deciduous and
with a 4-5 story home looking down there would be a big invasion
of privacy; suggested a 16' height limitation to these homes so
that they would not invade privacy of residents; they would have
to have lot sizes to accommodate 16' height limits; felt lot
lines should be moved outside the eucalyptus grove area; would
like lower density to reduce noise impact.
The Planning Associate stated originally Staff recommended
getting an acoustical study at the same time as the geological
study, however, one can't evaluate noise impact without lot line
being established.
Stan Dick, Vice President Kol Shofar Building Committee, stated
they had tried to buy 5-6 acres from the school district years
ago however couldn't until the entire subdivision was approved;
there were 15 to 18 persons present from Kol Shofar in support of
the application; the synagogue had spent thousands of dollars to
improve the exising building; all proposed uses for the synagogue
had been addressed in the EIR.
Phyllis Bell, 4 Paseo Mirasol, stated she was concerned about
debris flow; asked Council to take a look at geological concerns.
Rabbi David White shared a letter written supporting the
application from Rev. Douglas Heineke, Westminster Presbyterian
Church, which referred to Kol Shofar as an asset to the
community.
John Nygren, 22 Paso Mirasol, stated they were pleased to have
Kol Shofar as neighbors; stated the eucalyptus grove was
important to preserve because it blocks view of impending
development of Tiburon Crest and blocks wind from reaching homes
along Paseo Mirasol; felt wind pattern will change if trees are
removed; requested lot lines and building envelopes be moved
outside canopy of the trees; asked bridge be built to protect
trees; asked that if lots are deleted from one area they not be
added to another area; requested areas be separated. Councilman
Spratling asked Mr. Nygren if he was familiar with conditions 4,
8, 9, 23 and 25 to which Mr. Ngren responded he just wanted to
make sure the trees were protected.
David Stollmeyer stated he was concerned about visual area of the
hill; the largest lots were along the ridge.
Mr. Abraham Nana'j owner of Tiburon Crest developement, stated
although their lot patterns seem similar to the proposed
development, he had given away 67 acres as open space; thought
density for the proposed project should be 20-25 units and asked
Council to consider that alternative.
Mr. Roberto responded they were aware of drainage problems on and
off site in the west ditch area; engineer working with the County
of Marin and planning improvements for the ditch; aware of
viability problems; realize repair and diversion work necessary;
the site can accommodate mud flow; access point on Via Los Altos
is detailed in EIR; Blackfield Drive is designed as a collector
street; there were 300 trips per day when Reedland Woods School
was open; Kol Shofar will not generate traffic during peak hours;
TOWN COUNCIL MINUTES *704
September 10, 1985
Page 4
the traffic analysis assumed 100 students in the daycare center;
uses at Rol Shofar are support services for residential area;
discussed methodology of "tire index"; Fish & Game wildlife
habitate concerns were addressed; topographic maps show soccer
field has only one high spot and suggested Council conduct a
field trip; the developer could not live with a 161 height
limitation.
The Associate Planner read condition as applied to eucalyptus
grove and explained procedure for removal of any trees in the
grove. Councilman Spratling asked that the Town Attorney review
this condition and advise the Council of the options available;
the eucalyptus grove was obviously of tremendous concern.
Mr. Roberto stated that at~the Planning Commission meeting, the
issue of noise measurements was discussed and it was his
recollection that the EIR consultant stated the type of noises
suggested were immeasureable and there were no adverse noise
impacts. Mr. Roberto also stated that Mr. Nana was a land
speculator and Taldan Corp. is a development builder and with the
number of improvements needed and the conditions placed on the
project by the Town, it affects the ability of the applicant to
do a quality development.
Mr. Don Herzog responded to questions concerning geologic
concerns and specific recommendations for retaining walls; his
firm prepared a detailed land slide study dated August 2, 1984;
he assured Mr. Nana their work would enhance and not threaten
Tiburon Crest property. The Town Engineer questioned how the
applicant could correct a straddling slide without going onto
other property. Mr. Herzog responded they would buttress the
area and the Town Engineer questioned use of massive retaining
walls; he also stated he thought the County would give permission
for repair of slide on their open space property.
The Mayor closed the public hearing.
Council agreed a field trip was necessary to evaluate the
application; applicant agreed to erect story poles at specific
locations; outline building envelope of Lot 28 and stripe
roadway. Field trip was set for 9:00 A.M., Sunday, September 15.
D. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Bergmann adjourned the meeting at 10:15 P.M., to a
field trip at 9:00 A.M., Sunday, September 15, 1985 at the Vista
Tiburon site.
~,~
VALERIE W. BERGMANN, OR
Town of Tiburon
AT~~
R. L. KLEINERT, TO ~NAGER/CLERK
TOWN COUNCIL MINUTES 1704
September 10, 1985
Page 5
MINUTES
TOWN COUNCIL
CALL m ORDER
Mayor Bergmann called the regular meeting of the Town Council ot
the Town of Tiburon to order at 7:35 P.M., Wednesday, September
4, 1985, in the Hilarita Community Room, Tiburon, California.
A. ROLL CALL
PRESENT:
COUNCILMEMBERS:
Spratling, Wilson, Coxheaor
Smith, Bergmann
None
ABSENT:
COUNCILMEMBERS:
EX-oFFICIO:
Town Manager Kleinert, Town
Attorney Ragghianti, Planning
Director Hanna, Planning
Associate Chafin, Town Engineer
Bala, Supt. of Public Works
Brunini, Chief of Police
Bailey, Assistant Town Clerk
Hennessy
B. APPBOVAL OF MINUTES
1701, August 21, 1985
Page 6, 2nd paragraph, add: "and that the Town's previously
scheduled resurfacing of Reed Ranch Road was delayed one year so
as to occur after any construction damage".
Page 7, 8th paragraph, last word, "open" changed to "unlocked".
Page 8, 2nd paragraph, word "prepared" changed to "submitted".
Page 11, 4th paragraph, the following words were deleted: "and
the fact he was not impacting his neighbors; liked parking;"
Page 12, Motion for Alternate Delegate was to appoint Wilson, not
Coxhead.
MOTION:
Moved:
Vote:
To approve Minutes #702 as amended.
Wilson, Seconded by Coxhead
AYES: Unanimous
ABSTAIN: Bergmann
c.
APPOINTMENTS m OOMMISSIONS. BOARDS. COMMITTEES
There were none.
D. COMMISSION AND OOMMITTEE ORAL REpORTS
OPEN SPACE COMMITTEE (Present Draft Revision to Open Space
Element of General Plan - Chairman Al Kuhn)
Chairman Kuhn thanked the Committee members, the Planning
Director and Consultant Martha McCart for their time and
assistance in preparing the draft revision to the Open Space
Element of the General Plan. Mr. Kuhn briefly reviewed different
sections of the proposed revision.
MOTION:
Council submit the memorandum and Open Space Element to
Staff for analysis and report to Council from the Town
Manager, Town Attorney and Planning Director the first
meeting in October at which time the Council will set a
public hearing to consider recommendations from the
Planning Commission
Spratling, Seconded Smith
AYES: Unanimous
Moved:
Vote:
TOWN COUNCIL MINUTES #703
September 4, 1985
Page 1
E. PUBLIC QUESTIONS AND OOMMENTS
Don Batten, President Belveron Homeowners Association, asked when
the Trestle Glen signalization project would be installed. The
Town Engineer responded that CAL/TRANS was proceeding to design
and advertise the job; what needs to be decided is whether a
pedestrian crosswalk should be installed at Greenwood Beach Road
or Trestle Glen Boulevard.
PERINI RESOLUTION
Councilman Spratling stated the Resolution regarding the Perini
project which was previously adopted, subject to approval, was
circulated to the Councilmembers; there was agreement that there
was some ambiguity in Condition 116. Councilman Spratling
suggested the Lands & Development Committee meet with the Town
Attorney and representatives of Perini to work out additional
language for that paragraph. Council agreed and a meeting of the
Lands & Development Committee was set for 8 A.M., September 16.
F. CONSENT CALENDAR
MOTION: To approve the Consent Calendar consisting of the
following items:
1. BELVEDERE/TIBURON PARKING ADVISORY COMMISSION (Adopt Changes
in Charter)
2. CLAIM AGAINST THE TOWN (Weinstat - Recommend Denial)
3. POLICY RELATIVE TO HOUSEBOATS AND LIVE-ABOARD BOATS (Adopt
Board of Supervisors Policy)
Moved: Smith, Seconded by Coxhead
Vote: AYES: Unanimous
G. PUBLIC BEARINGS' BUSINESS ITEMS
4. GUAYMAS RESTAURANT MASTER' PRECISE PLAN (5 Main Street,
Ordinance, 2nd Reading & Resolution)
The Planning Director reviewed the Staff report.
Councilman Spratling added wording to paragraph F to state
"...approve an increase in density for the Zelinsky Master Plan
and to..." Page 3, last paragraph, the words "other possible
parking lots" was added.
In response to question by Vice-Mayor Coxhead, it was agreed
Exhibit A of the Resolution was satisfactory as presented.
The Mayor opened the public hearing.
Keith Morrison, Main Street Properties, stated they would provide
a survey of the dedicated property after the public hearing on
September 24.
The Mayor closed the public hearing.
MOTION:
Moved:
Vote:
To read by title only
Spratling, Seconded by Wilson
AYES: Unanimous
The Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON APPROVING A MASTER PLAN AND PRECISE PLAN FOR A RESTAURANT
AND EXPANDED SEATING AT 5 MAIN STREET.
I<<)TION:
Moved:
Vote:
To approve aforementioned Ordinance No. 305
Spratling, Seconded by Wilson
AYES: Spratling, Wilson, Coxhead, Smith, Bergmann
MOTION:
Moved:
Vote:
To approve Resolution Approving a Precise Plan for a
Restaurant and Expanded Seating at 5 Main Street
Spratling, Seconded by Wilson,
AYES: Unanimous
TOWN COUNCIL MINUTES 1703
September 4, 1985
Page 2
5. BLACKIE'S PASTURE (Preliminary Review of Landscape
Development Plans)
Associate Planner Chafin reviewed the Staff-report and stated the
plans prepared by landscape architectural firm of Royston,
Hanamoto, Alley & Abey are consistent with the requirements of
the contract and previously adopted Precise Plan.
Mr. Hanamoto, landscape architect, reviewed the design
development plans.
In response to Councilman Wilson, it was established that the
waterfront area was not being changed at this time due to the
BCDC approval process.
After Council and Staff review of the plans, it was determined
that the following items would be considered and reflected in the
plans before submittal for the grant application:
1. Overhead wires to be removed
2. Proper closure of Greenwood Beach Road - access by emergency
vehicles was necessary via a break-away barricade or
landscaping, not what was proposed
3. Turnaround in parking area for drop-off traffic
4. Solution for pedestrian and bicycle traffic at Greenwood
Beach Road
5. Enlarge entrance of parking lot at Greenwood Beach Road to
allow traffic to turn around when lot is full
6. Drainage
7. Town Engineer's written comments.
Council also agreed the overflow parking lots would be closed off
unless specific permission was granted to open them; details to
be worked out.
Council agreed the strategy of the grant application and the
amount of funds requested would be determined at the next Council
meeting.
The Town Engineer also asked that the turnaround on the other
side of Greenwood Beach Road be incorporated into this plan and
Council agreed.
The Superintendent of Public Works reminded Council that there
had been a 60% increase in landscape maintenance costs for
McKegney Green and a large increase in cost of water supply.
Item continued to next meeting.
6. SCHONFELD PRECISE PLAN , TENTATIVE MAP (Resolution)
Councilman Smith asked about letter received this evening from
Ken Kurtzman which questioned "in-lieu" fee formula; wanted
Staff's reaction and study before discussion by Council.
Councilman Spratling agreed and thought it would be interesting
to see the applicant's position on the cost to build the units if
he were required to build the units.
The Planning Director explained how the formula had been derived
and suggested th~ Ordinance be passed with the condition that the
in-lieu fees be resolved prior to filing of the Final Map.
Councilman Spratling thought it was a significant condition and
item should be continued.
Ken Kurtzman reviewed his concerns regarding the formula used to
determine the in-lieu fees. Council and Staff continued to
discuss the formula.
Vice-Mayor Coxhead stated he still had concerns regarding the
application; would like square footage reduced in Cluster A;
asked if the calculation included garage space; disapproved of
the largest units being in the A cluster which was most visible;
TOWN COUNCIL MINUTES 1703
September 4, 1985
Page 3
found design unsatisfactory; felt there should be more separation
of units.
Paul Harele, 62 Red Hill Circle, suggested Council review the
concerns expressed at the April 4, 1985 Design Review Board
meeting; the final plans were delivered shortly before the last
Planning Commission meeting not in sufficient time to allow a
Staff report. Mr. Harele asked if this item could be continued
for two meetings. Applicant requested action at the next
meeting.
Item continued to next meeting; applicant requested to bring
model and an additional notice to property owners be sent by
Staff.
OOUHCIL AGENDA MATERIAL
Councilman Spratling requested Staff to make a policy
determination with respect to when an applicant or the public can
submit items on any matter going to Council; it was unfair to
everybody to have items submitted at the last minute.
7. VIA CAPISTRANO TRAFFIC IMPROVEMENTS (Request for Traffic
Circulation Study)
The Planning Director reviewed the Staff report. There had been
a request to consider the traffic circulation on Via Capitstrano;
a study was proposed on the basis funds would be available from
the Ring Mountain development; the Planning Commission felt it
would be appropriate to use funds to study the entire Circulation
Element; it was determined these funds are available for
improving the intersection of Via Capistrano and Blackfield Drive
and not for a study. Item before Council was whether to expend
funds to undertake a traffic circulation study on upper Via
Capistrano or the entire Circulation Element of the General ?lan.
The Town Engineer reviewed the history of this request; he used
drawings to illustrate the split roadway; the Town had provided
stripping and a cyclone fence; there was a necessity for bus
\ access; site distances had been improved; a sidewalk had been
proposed; the upper level of 18' is not wide enough for two way
traffic; a retaining wall would be required at an estimated cost
of $130-150,000. The Town Engineer stated that in comparison to
other streets in Town this area was not so bad since there were
very few accidents.
The Mayor opened the public hearing.
Bob Cappelloni, 17 Via Capistrano, stated the average speed is
45-47 mph; over 50% of the drivers do not stop at the Stop Sign;
the Ring Mountain EIR stated traffic would increase by 50% on Via
Capistrano. He stated some residents would be willing to be
assessed to widen the street.
Sally Spencer, 21 Via Capistrano, stated the Ring Mountain EIR
was prepared before Perini and other developments were proposed
and these residents will also use Via Capistrano.
Don Yarborough stated due to the 20' slope from the corner cars
accelerate; uppe~ Via Capistrano has become a drag strip; he
supported the Town Engineer's comments; he would be willing to
share cost of a study, however, this matter has been studied; the
facts are in front of us; thought funds should be applied to
fixing the problem rather than another analysis.
Ann Ross, 16 Reed Ranch Road, asked that the Property Owner
Associations in Reedland Woods apd The Reedlands be noticed of
any street closure hearings.
The Mayor closed the public hearing.
TOWN COUNCIL MINUTES #703
September 4, 1985
Page 4
Councilman Smith noted that the Council was being asked to do
something about the behavior of the neighbors roaring along the
streets; there's no obvious safety solution; suggested the Town
Engineer, some Councilmembers and residents form a committee to
reach a solution.
The Town Engineer suggested assessment district counsel be
contacted regarding forming an assessment district to widen upper
roadway to accommodate two way traffic for approximately $130-
150,000; lower level would become a deadend street.
Mr. Yarborough stated there was an erosion problem in the upper
Via Capistrano area and also in the median strip. The Town
Engineer stated the developer was responsible for the upper level
erosion and he would investigate the median strip.
Council agreed the item be returned on October 2 for purposes of
discussing a rough sketch of what the Town Engineer would propose
to make the upper level two way; close off the lower level and
the estimated cost of an assessment district. All homeowners
associations to be notified.
8. BARTLEY PRECISE PLAN AMENDMENT (Expand Building Envelopes -
Owlswood Lane)
The Associate Planner reviewed the Staff report.
Mr. Hartley stated the change of building envelope was to
accommodate a new design; total floor area of the new proposed
home is 171 sq. ft. less than previously proposed.
Councilman Smith stated he would abstain since he lived on
Owlswood.
The Mayor opened the public hearing. There being no comment~,
the Mayor closed the public hearing.
MOTION: To approve Resolution Approving an Amendment to the
Precise Plan/Tentative Map for Parcel B of the Littman
Development on Owlswood Road
Moved: Wilson, seconded by Spratling
Vote: AYES: Unanimous
ABSTAIN: Smith
H. COMMUNICATIONS. STAFF ,AND TOWN ,MANAGER ITEMS
a. CONSIDER DONATION ro ENVIRONMENTAL FUND (John Kampmeyer
Memorial)
The Town Manager stated Mrs. Kampmeyer proposed donating $600 to
the Town for consideration of placing a plaque on one of the
existing benches along the Shoreline Park as a memorial for her
husband. She would also pay for the plaque. Council agreed to
this policy.
ClfANNEL 30
Channel 30 would like to interview and tape the Council prior to
the October 2 meeting for their series "Meet Your Local
Government". The taping will take place at 6:30 P.M. Council
agreed.
PERINI
The Town Engineer asked Council if the Perini contractor could
work between the hours of 8 A.M. to 6:30 P.M., Monday through
Saturday to install the drainage improvements before the rainy
season.
MOTION:
Moved:
Vote:
To approve 8 A.M. to 6:30 P.M., Monday through Friday
work schedule for Perini drainage improvements
Wilson, Seconded by Spratling
AYES: Unanimous
TOWN COUNCIL MINUTES 1703
September 4, 1985
Page 5
I. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Bergmann adjourned the meeting at 10:35 P.M., to
7:30 P.M., September 10, 1985 for Public Hearing on Vista Tiburon
Master Plan, Conditional Use Permit and Re-Zoning.
~E~~
Town of Tiburon
TOWN COUNCIL MINUTES 1703
September 4, 1985
Page 6
MINUTES
IJ.'OWN COUNCIL
CAtL ro ORDER
Vice-Mayor Coxhead called the regular meeting of the Town Council
of the Town of Tiburon to order at 7:35 P.M., Wednesday, August
21, 1985, in the Hilarita Community Room, Tiburon, California.
A. ROLL CALL
PRESENT:
COUNCILMEMBERS:
Spratling, Wilson, Smith,
Cox head
ABSENT:
COUNCILMEMBERS:
Bergmann
EX-oFFICIO:
Acting Town Manager Nadritch,
Town Attorney Ragghianti,
Planning Director Hanna, Town
Engineer Bala, Supt. of Public
Works Brunini, Chief of Police
Bailey, Assistant Town Clerk
Hennessy
, . B. APPROVAL OF MINUTES
1700, July 31, 1985
Page 2, 4th paragraph, changed to read: "Vice-Mayor Coxhead
confirmed the postion of the Lands & Development Committee as
stated by Councilman Spratling..."
MOTION:
Moved:
Vote:
To approve Minutes 1700 as amended.
Wilson, Seconded by Smith
AYES: Unanimous
ABSENT: Bergmann
1701, August 7, 1985
Page 10, 4th paragraph, to read: "...density previously
approved, but as yet unused, for..."
MOTION:
Moved:
Vote:
To approve Minute 1701 as amended.
Smith, Seconded Spratling
AYES: Unanimous
ABSENT: Bergmann
C.
APPOIHTMEHi'S m CDMMISSIONS, BOARDS, COMMITTEES
There were none.
D. CDMMISSION AHD OOMMlftEE ORAL REPORTS
Al Kuhn, Chairman, Tiburon/Belvedere Parking Advisory Commission,
stated the Commission in an effort to solve the downtown parking
problems were talking with transportation experts and asked that
the Charter for their Commission be changed to include
"Transportation" issues. The Commission also urged the Council
to consider making the Mar West and Tiburon Boulevard parking lot
a permanent parking lot if requested by Main Street Properties.
Discussion ensued regarding commuter and employee parking needs
and Belvedere's intention to begin a resident sticker program.
Vice-Mayor Coxhead stated he would ask Belvedere's Mayor to
postpone such a sticker program until the Joint Parking
Commission had an opportunity to find solutions to the parking
problems.
TOWN COUNCIL MINUTES 1702
August 21, 1985
Page I
E. PUBLIC QUESTIONS AND OOMMENTS
Don Batten announced that Channel 31 would show the Tiburon 4th
of July picnic at 7:30 P.M. on August 22. He also opposed any
attempt by Viacom to limit Channel 31 broadcasting.
P. CONSENT CALENDAR
Acting Town Manager Nadritch stated the low bidder for Item 4(b)
was Whitmire & Co., however, the Town Engineer stated he has
reservations regarding their very low bid which was 35% below his
estimate for the project and he recommended the Council award the
Contract to Maggiore & Ghilotti in the event Whitmeyer has made a
mistake in their calculations.
Item 4(b) was removed from:the Consent Calendar.
MOTION: To authorize the Town Engineer to award contract to the
second low bidder in the event Whitmeyer has made a
mistake or in the Town Engineer's judgement is incapable
of doing the job which consists of: Slide Repair
Projects - Tre$t1e Glen & Tiburon Boulevard; Hacienda &
Porto Marino; Trestle Glen & Juno Road
Moved: Spratling, Seconded by Smith
Vote: AYES: Unanimous
ABSENT: Bergmann
MOTION: To approve the Consent Calendar consisting of the
following items:
1. POLICE REPORT (July 1985)
2. ENCROACHMENT PERMIT (Fence - 600 Ridge Road)
3. CLAIM AGAINST THE TOWN (Ghilotti Bros. - Recommend Denial)
4 . AWARD OF CONTRACTS
a. 1985 Street Overlay Projects - W. K. McLellan Co.
5. DEDICATION OF TOWN PROPERTY TO CAL/TRANS (Authorize Vice-
Mayor to Execute Grant Deed)
6. GILMARTIN ORIVE ASSESSMENT DISTRICT
a. Approving Agreement with P.G.&E. - Resolution
b. Amending Ag~eement for Geotechnical Engineering Services
- Resolution
7. TIBURON BOULEVARD/SAN RAFAEL AVENUE INTERSECTION UTILITY
UNDERGROUNDING DISTRICT (Set Public Hearing for
Formation of Undergrounding District)
8. REQUEST FOR EXTENSION OF KUHNS PRECISE PLAN (Spring Lane -
Resolution)
9. MINOR SUBDIVISION (Main Street Properties - Resolution)
Moved: Spralting, Seconded by Wilson
Vote: AYES: Unanimous
ABSENT: Bergmann
G. PUBLIC BEARINGS II, BUSINESS ITEMS
10. DOBD' S LOT LINE ADJDS,i'MBNT (One San Rafael Avenue -
Resolution) ,
The Planning Director reviewed the Staff report; the draft
Resolution incorporated conditions recommended by the Planning
Commission; the applicant will offer the railroad right-ot-way to
the Town and 3' ~f the existing right-ot~way will be used as an
easement as required by the Fire Department. Staff had suggested
moving the building envelope as far to the east as possible to
reduce visual impact of the dwelling, however, the Planning
Commission accepted the applicant's proposed building envelope
with the recognition the dwelling would be given design review.
August Strotz, architect, asked the Council to accept the
Planning Commission's recommendations; he presented copies of
Exhibit A to be attached to the Resolution. In response to
Councilman Spratling, Mr. Strotz stated they have had three
meetings with BCDC; their application would be considered a major
TOWN COUNCIL MINUTES #702
August 21, 1985
Page 2
hearing because there was over 100' of shoreline: BCDC has
indicated tentative approval of the proposed plans. Mr. Strotz
stated the applicant was willing to remove old pilings, however,
the Army Corps of Engineers and BCDCihave indicated there is
marine life around this area and there will be further discussion
of this matter at the Bcnc hearings.
Vice-Mayor Coxhead opened the public hearing.
Martha McCart, representing the City of Belvedere, asked if there
were any height limits proposed for the secondary building
envelope, i.e., trees could obscure view of the Bay at the
entranceway of Belvedere. The Planning Director stated no
specific height limits were set for landscaping except approval
required by Design Review Board.
Vice-Mayor Coxhead closed the public hearing.
Councilman Spratling requested the resolution be amended in
Section 2, Condition 2, 2nd paragraph to read: "Installation of
structures, garden improvements and landscaping shall be allowed
only after approval of the Tiburon Board of Adjustments and
Review." Also, Condition 5, last sentence to read: .....building
site, as shown more particularly on attached Exhibit A".
Vice-Mayor Coxhead expressed concern regarding view protection
from the multi-use path, however, Council agreed the tree
ordinance would be effective and the landscaping plan required by
the Planning Commission would address the issue.
MOTION: To approve Resolution, as amended, Approving a Lot Line
Adjustment at One San Rafael Avenue
Moved: Wilson, Seconded by Smith
Vote: AYES: Unanimous
ABSENT: Bergmann
11. PERIRI PRECISE PLAN PHASE I (Resolution)
The Planning Director reviewed the Staff report: the draft
Resolution has been prepared and modified to satisfy the concerns
of the Planning Commission and Town Council; maps identified in
the Resolution conform with the requirements of the Town Council:
Staff questioned whether the Council had previously requested a
corner portion of Lot 9 be removed.
In response to Councilman Smith, the Town Engineer stated the
County Flood Control Department had checked the drainage pipe
along Reed Ranch Road; stated it was too small for a 100 year
storm: subdivider will improve the entrance and capacity to a
substantially higher level than the additional water being
introduced by the development but it will fall short of the 100
year storm level.
Ms. McCart, representing Perini Land & Development Co., stated
they had concerns with a few paragraphs in the Resolution.
Condition 8, last sentence read: "Said CC & R's shall give
notice that the building envelopes and lot controls may be
amended from time to time by the Town Council." Ms. McCart
requested the condition be changed to: .....time to time upon
proper application by the lot owner".
There was extensive discussion regarding this sentence and the
Council and developer agreed upon the Town Attorney's suggestion
to delete the sentence.
Condition 10. Last sentence was changed to read: "The Board may
require modification to the design...."
Condition 11. The applicant requested the 24' height limitation
exceptions be applied to all 13 lots. Council agreed.
Discussion ensued and the condition was changed to read: "The
TOWN COUNCIL MINUTES 4702
August 21, 1985
Page 3
24' building height limit established by the Master Plan may be
exceeded by dormers, architectural features and chimneys to a
maximum height of 30 feet, provided, however, (a) that said
projections (dormers, architectural features and chimneys)
exceeding 24' must be approved by the Board of Adjustments and
Review, and (b) with respect to Lots 1 through 6 on the lower
cul-de-sac, no structures excluding dormers, architectural
features and chimneys shall exceed height of IS' above the
highest street elevation along the street frontage of the lot
without prior Board of Adjustments and Review approval."
Ms. McCart stated the second paragraph proposed a limit of 175-
foot elevation and the developer proposed: "height of the
structure may be 24' above grade or 205' contour elevation
whichever is lower with the approval of the Board of Adjustments
and Review..." In response to Councilman Spratling, Ms. McCart
stated the storypoles viewed by the Council represented 204'
maximum height; the civil engineers surveyed the storypoles and
could verify to Council and Staff that what they saw was a height
of 204'. Council agreed to suggested changes.
Conditon 12. To read: "...the effect of or appearance of
fencing the property as determined by the Board of Adjustments
and Review".
Condition 13. Ms. McCart suggested start up time be changed to
7:00 A.M. with noise generating equipment starting at 7:30 A.M.
Police Chief Bailey strongly objected; Council agreed start-up
time remain at 8:00 A.M.
Conditions 17 and 18, applicant had submitted revised language
which stated: "If the drainage improvements required for Phase I
have been completed prior to recordation of the map, the fees be
waived." Councilman Spratling emphasized that it must be
understood if the fees are waived and the Town gets reimbursement
from other developers towards the drainage improvements, Pe~ini
will not be reimbursed. Ms. McCart stated that was understood.
Council agreed to proposed revised language for Conditions 17 and
18. The Town Attorney emphasized that if the in-lieu fees are
waived, and the Town accepts the developer's language for 17 and
18 that the Town should add language that indicates the applicant
installs the drainage improvements without seeking reimbursement
from any presently developed real property or public open space
located in the drainage area.. Applicant agreed.
Vice-Mayor Coxhead opened the public hearing.
Don Batten, President Belveron Homeowners Association, stated
their disappointment that the Council had not reviewed the
resolution he had prepared at the previous meeting. Councilman
Smith pointed out that the resolution might not have been
reviewed verbatim but the concerns had been addressed.
Maureen Broderick, 61 Reed Ranch Road, was assured by the
applicant that her city view would not be blocked, the garage
wouldn't be higher than 15' above the street; the height limit on
lot 9 was 24' and all houses were subject to Design Review Board
approval.
Robert Ross, 16 Reed Ranch Road, expressed concern that
construction trucks would damage and erode Reed Ranch Road and
asked for reassurance the road would be repaired. The Town
Engineer stated this concern was addressed as condition i5 in the
Master Plan, and the Town's previously scheduled resurfacing of
Reed Ranch Road was delayed one year so a to occur after any
construction damage.
Vice-Mayor Coxhead closed the public hearing.
Council discussed corner cut of lot 9; Council agreed the
applicant and Planning Director decide exact cut and building
envelope be modified to reflect change.
TOWN COUNCIL MINUTES 1702
August 21, 1985
Page 4
Vice-Mayor Coxhead objected to square footage of lot 13, felt it
should be reduced: felt lot 8 was too large: saw no reference to
primary building envelopes on map: there was no reference to
Parcel A in the resolution and asked if Master Plan should be
amended since 8 lots were proposed along the lower cul-de-sac.
Councilman Spratling stated lots 7, 8 and 13 are what is referred
to as transition lots between development and open space and
typically have been bigger: lot 13 had a severely restricted
building envelope: that the Precise Plan was consistent with the
Master Plan.
Vice-Mayor Coxhead stated he was concerned there were no
restrictions on landscaping which could eventually cause visual
impact on property owners along Reed Ranch Road. In response to
Vice-Mayo~ Coxhead, the Planning Director stated Parcel A will be
shown on the subdivision map as open space. Ms. McCart stated
the offer of dedication of open space parcels usually takes place
at the time of the filing of the Final Map. The Planning
Director stated the Town doesn't intend to accept it as open
space.
MOTION: To adopt Resolution Approving Phase I of the Perini
Precise Plan & Tentative Map with modifications reviewed
tonight subject to final approval of the Town Attorney
Moved: Spratling, Seconded by Wilson
Vote: AYES: Spratling, Wilson, Smith
NOES: Coxhead
ABSENT: Bergmann
12. BERNAL ENCROACHMENT PERMIT - 2310 SPANISH TRAIL (Install
Gate)
The Planning Director reviewed the Staff report.
Mr. Bernal addressed the Council and asked them to consider pis
alternative suggestions: there was no deed granting an easement
on his property: asked Council to accept his compromise
suggestion so that his rights were protected.
In response to Vice-Mayor Coxhead, Mr. Bernal stated he had
placed the planter box on Town property without permission.
Vice-Mayor Coxhead opened the public hearing.
Anne Drew asked what were the specific plans. Mr. Bernal stated
he wanted to put a gate across the top driveway which would be
open to people he wishes to allow to pass.
Mrs. Drew stated a 4' high fence to prohibit dogs would be
appropriate, but asked what kind of gate and who could open and
close it: what will prevent the gate from being locked.
Mr. Bernal stated the design was approved by the Design Review
Board: 4' high wrought iron fence. Mr. Bernal hoped there .would
be an honor system where neighbors would respect his rights and
privacy, otherwise he would drop the fence and gate downhill onto
his own property and not use the Town's right-of-way.
Vice-Mayor Coxhead closed the public hearing.
Discussion ensued regarding Condition No. 3 of the proposed
Agreement which stated: "Nearby neighbors who have been or are
using the easement along the driveway at 2310 Spanish Trail may
continue to have access in the future. Mr. Bernal wanted it
deleted.
Councilman Spratling was concerned who would define neighbors,
who would determine who had been using the easement, etc.: it's
the policy of the Town to promote pedestrian passage. Council
discussed Conditon 4 which stated: "The gate along the driveway
will not be locked or otherwise maintained to prohibit through
TOWN COUNCIL MINUTES i702
August 21, 1985
Page 5
passage". Mr. Bernal's proposed adding: "provided use is not
abusive to the rights or owner, i.e., walking dogs, trash, and
there is a fair amount of privacy". Council objected to Mr.
Bernal's proposed language.
Councilman Smith suggested Mr. Bernal place the gate on his own
private property; if the Town grants a revocable encroachment
permit, the gate must remain unlocked.
MOTION: To reject each of Mr. Bernal's proposed amendments; to
leave condition 4 as written and change condition 3 to
read: "Tibu~on residents shall be permitted to use
easement along driveway at 2310 Spanish Trail.
Moved: Spratling, Seconded Wilson
Vote: AYES: Unanimous
ABSENT: Bergmann'
Mr. Bernal agreed to move the planter box from the Town's right-
of-way within 24 hours.
13. GUAYMAS RESTAURANT MASTER & PRECISE PLAN (5 Main Street,
Ordinance, 1st Reading)
The Planning Director reviewed the Staff report.
Mr. Ed Zelinsky submitted a letter dated August 21, 1985
requesting modification to his application for a Master Plan
amendment. The letter outlined that the Zelinksy family would
dedicate to the Town of Tiburon one hundred seventy-five feet of
land beginning at the southeast corner of Mar West and Tiburon
Boulevard with the conditions that the land be used only for
civic purposes; the land will not be sold and the area be named
the Fred and Juanita Zelinsky Park. In return, he asked that the
Town continue to grant to Main Street Properties a temporary use
permit for public parking as outlined in attached Exhibit A until
a resolution is arrived at through a public hearing which sQall
determine how many parking spaces will be permanently allocated
on the property outlined in Exhibit A or other land owned by Main
Street Properties. In return for the grant of land, he asked the
Town to grant the necessary permits to facilitate the con-
struction and opening of the Guaymas Restaurant by allotting 32
spaces in the "temporary lot" at the corner of Mar West and
Tiburon Boulevard and he will move some of their tenants from the
Beach Road and Main Street parking lots to the Mar West lot. He
also asked that a public hearing be set to consider other
amendments to the Zelinsky Master Plan.
Councilman Spratling reported the Lands & Development Committee,
other members of the Town Council, the Planning Director and Town
Manager had met with Ed Zelinsky to discuss expansion of the
Zelinsky Master Plan; many subjects were discussed including
moving the fire house, permanent parking at Mar West, parking at
Main Street lot; new parking lot near Home Savings and other
matters and it became clear additional public hearings would be
necessary to resolve all the issues. Councilman Spratling.
indicated Mr. Zelinksy should be commended by the Town for his
willingness to proceed along the lines indicated in his letter.
Councilman Spratling stated the ordinance would be read in
concept and language would be incorporated into the ordinance
regarding 32 permanent parking spaces for this application before
the second reading of the ordinance. Councilman Spratling stated
on behalf of the Lands & Development Committee, the Committee
recommends, subject to public hearing, to accept the proposal of
Mr. Zelinsky for modification to application for amendment to the
Master Plan.
Mike Dellum, Spectrum Foods, stated in addition to Mr. Zelinksy's
contribution, they plan to make improvements and enhance the
entire area around the building, i.e., ticket booth, newspaper
boxes, etc.; they planned to offer great cuisine and make a
significant contribution to the Town.
TOWN COUNCIL MINUTES 1702
August 21, 1985
Page 6
Vice-Mayor Coxhead opened the public hearing.
Don Batten, former Chairman of the Downtown Parking Committee,
recommended permanent parking at Mar West.
Steve Sears, owner of Sam's Restaurant, stated he thought Ed
Zelinsky had done an outstanding job revitalizing the downtown
business community; thought Spectrum and Saga Foods would be a
benefit to the Town and urged Council to do whatever necessary to
get them into Tiburon.
Kirk Hanson, former Mayor, wanted to underline the significance
of the donation of the land to the Town and thanked the Zelinsky
family.
Jim Quin~an, Dock Restaurant, welcomed the applicant as an
addition to the community.
Vice-Mayor Coxhead expressed the Council's gratitude and
appreciation to the Zelinksy family for their generous offer of
dedication.
Vice-Mayor Coxhead closed the public hearing.
Council set September 24 as a special meeting date to determine
where the Council should establish permanent parking on remaining
Zelinksy property for the Guaymas application and other
amendments proposed to amend the Master Plan.
Councilman Spratling proposed changes to the draft ordinance to
state:
1. Acknowledgement and acceptance of Mr. Zelinsky's condition in
the first paragraph of his letter and conditions attached thereto
and 32 parking spaces requirement will be satisfied in the
temporary lot with the proviso there will be 32 spaces in sQme
permanent lot at such time the temporary lot ceases operation and
the Town directs the Town Attorney to prepare ordinance for
second reading consistent with this oral description.
To read by title only
Spratling, Seconded by Wilson
AYES: Unanimous
ABSENT: Bergmann
The Vice-Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON APPROVING A MASTER PLAN AND PRECISE PLAN FOR A
RESTAURANT AND EXPANDED SEATING AT 5 MAIN STREET
MOTION:
Moved:
Vote:
MOTION: To approve first reading of the aforementioned ordinance
Moved: Spratling, Seconded by Wilson
Councilman Smith noted this was the most exciting meeting he had
attended and congratulated Ed Zelinksy. Councilman Spratling
noted the gift was far in excess of the benefit required for the
Guaymas restaurant and the Town was deeply appreciative.
Vote: AYES:
NOES:
ABSENT:
Spratling, Wilson, Smith, Coxhead
None
Bergmann
Mr. Zelinsky thanked the Council, Staff and Kirk Hanson for
participating in the meetings and noted the family was making the
gift in memory of his father, Fred Zelinsky.
14. APPEAL DESIGN REVIEW BOARD DECISION (131 Esperanza - Duplex
Building)
The Planning Director reviewed the Staff report. The Design
Review Board had twice suggested modifications to the application
to reduce the massiveness of the proposed house; the applicant
resubmitted plans including a landscaping plan, however, the
TOWN COUNCIL MINUTES 1702
August 21, 1985
Page 7
Board still felt the house was too massive. The applicant
requested a decision. The Board denied the application.
Peter Taylor, architect for applicant R. L. Heacox, stated they
met the guidelines and no variances were required; felt applicant
had been mislead by the Board; there were other houses in Tiburon
of greater height, massiveness and on the property line; their
application met the regulations of an R-2 zone which specified
35% lot coverage; their proposed coverage was less than 35%; all
setbacks were observed and no variances were required; they asked
Council to overrule the Board's denial of their application.
Vice-Mayor Coxhead opened the public hearing.
Bill Von Lackum, neighbor, supported the Board's denial; he was
pleased wi th the parking ar:rangement but felt there was still a
preponderance of house which is out of scale with the area:
thought landscaping plan was disasterous.
Jim Crowther, owner of nearby house, objected to massiveness of
the house: stated plans were changed but not the massiveness.
Mr. Von Lackum stated the configuration of the house had not been
changed.
Russ Heacox, applicant, stated he wanted to be able to live on
one floor: provide a four car garage because his family owned
three cars and have a ,workshop in the downstairs.
Vice-Mayor Coxhead closed the public hearing.
Councilman Smith stated he r.eviewed the file chronologically and
he felt the applicant had satisfied all conditions; there were
other homes in the area too massive for their property and he
couldn't understand the Board's actions. He also noted that
three members of the Board were absent when the final vote on
this application was taken.
Councilman Wilson stated he would like the Town Attorney to
advise the Council if they were on, safe ground to back up the
Board because there weren't many .objective factors, actually
none: he suggested postponement to allow time for the Town
Attorney's review or remanding the application back to the Board
for a full vote of the Board's membership.
Councilman Wilson stated he didn't think you needed a variance
situation to deny an application, but thought the factors are
quite subjective.
Vice-Mayor Coxhead reviewed his observations that the applicant
had preserved up-hill view of Old St. H,ilary's; this application
was approximately 5,000 sq. ft. and he could not find another
house in the neighborhood that large; thought the Town's Zoning
Ordinance clearly states the homes should be in scale with homes
in the neighborhood; liked the design in general: thought it
should be scaled down further; in favor of returning the
application to the Board for further review: suggested applicant
try to identify other houses in the neighborhood between 4-5,000
sq . ft.
//
MOTION: Return application to the Board for further
consideration by a larger number of Boardmembers and for
specific findings by the ,Board if denial is still
appropriate
Moved: Wilson, Seconded by Spratling
Council felt applicant and Board were close to agreement: Council
needed specific findings: thought applicant should consider
accommodating Board's concerns; Council. traditionally up-holds
Board's decisions unless there's a compelling reason not to:
since Council was remanding the application back to the Board, if
it returns to Council it would be without fees, but that
statement doesn't imply returning with the current design without
trying to accommodate the Board's concerns.
TOWN COUNCIL MINUTES 170,2
August 21, 1985
Page 8
Vote: AYES: Unanimous
ABSENT: Bergmann
15. VIA CAPISTRANO TRAFFIC IHPDOVEMENTS (Request for Traffic
Circulation Study)
This Item was continued to the next meeting.
16. RICHARDSON BAY SPECIAL;.ARBA PLAN (Approve Implementation
Plan)
Ms. McCart asked the Council to endorse the filing of a no
discharge ar~a.
MOTION: To endorse the filing of a Vessel Sewage No Discharge
Area with the Environmental Protection Agency
Moved: Spratling, SeconCied by Wilson
Vote: AYES: Unanimous
ABSENT: Bergmann
Ms. McCart stated the Joint Powers Agency was considering an
application to the Coast Guard relative to boundaries and
anchorage designations; exploring non-anchorage areas; did not
want action from the Council at this time. Ms. McCart asked the
Council to appoint a representative.
MOTION:
Moved:
Vote:
To appoint Valerie Bergmann to the Joint Powers Agency
Spratling, Seconded by Coxhead
AYES: Unanimous
AB&~NT: Bergmann
MOTION:
Moved:
Vote:
To appoint Jim Wilson as alternate to the Joint
Powers Agency
Smith, Seconded by Spratling
AYES: Unanimous
ABSENT: Bergmann
17. BELVERON DRAlHAGESTUDY (Adopt Amended 1975 Drainage Study)
Acting Manager Nadritch advised the Council that this item would
require an ordinance and asked Council to set a public hearing
date. Council directed Staff to notice this item for September
18.
B. COMMtJNlCAT~OHS. STAFF AND. roo MANAGER ITEMS
a. LEAGUE OF CALIFORNIA CITIES (Voting Delegate for 10/8/85
Conference)
Council appointed Mayor Bergmann and, Vice-Mayor Coxhead as the
voting delegate and alternate for said meeting.
I., ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Vice-Mayor Coxhead adjourned the meeting at 11:35 P.M.,
sine die.
(7L ~L-J(
STONE COXHEAD, VICE-MAYOR
Town of Tiburon
ATTEST:
~~~
TOWN COUNCIL MINUTES 1702
August 21, 1985
Page 9
MINUTES
TOWN COUNCIL
CALL ro ORDER
Mayor Bergmann called the regular meeting of the Town Council of
the Town of Tiburon to order at 7:40 P.M., Wednesday, August 7,
1985, in the Hilarita Community Room, Tiburon, California.
A. ROLL CALL
PRESEN'I' :
COUNCILMEMBERS:
Spratling, Wilson, Coxhead,
Smith, Bergmann
ABSENT:
COUNCILMEMBERS:
None
EX-OFFICIO:
Town Manager Kleinert, Town
Attorney Ragghianti, Planning
Director Hanna, Associate
Planner Chafin, Town Engineer
Bala, Supt. of Public Works
Brunini, Chief of Police
Bailey, Associate Planner
Chafin, Assistant Town Clerk
Hennessy
B. APPROVAL OF MINUTES
#699, July 17, 1985
MOTION:
Moved:
Vote:
To approve Minutes #699 as submitted
Smith, Seconded by Coxhead
AYES: Unanimous
C.
APPOINTMENTS ro CDMMISSIONS, BOARDS, OOMMITTEES
There were none.
D. COMMISSION AND COMMITTEE ORAL REPORTS
There were none.
E. PUBLIC QUESTIONS AND OOMMENTS
Mary Terrell, Lower North Terrace, asked Council to look at
community and try to retain the same quality of life that
currently exists when considering proposed developments.
F. CONSENT CALENDAR
Vice-Mayor Coxbead noted that Michael Painter had not been
notified of the Blackie's Pasture improvements plan and asked
that be be allowed to make a presentation. Tbe Town Manager
stated the City of Belvedere bad sent a letter recommending Mr.
Painter. It was determined that Mr. Painter bad submitted bis
portfolio but was not present at the meeting. Vice-Mayor Coxbead
agreed that Item"l sbould rellain on tbe Consent Calendar, but Mr.
Painter sbould be included in the Request for Proposal for tbe
next pbase of the park development.
\
TOWN COUNCIL MINUTES #701
August 7, 1985
Page 1
MOTION: To approve the Consent Calendar consisting of the
following items:
1. BLACKIE'S PASTURE IMPROVEMENTS (Authorize Retaining Landscape
Architect)
2. FAIR LABOR STANDARDS ACT (Request Relief for Local
Governments - Resolution)
3. LA CRESTA ASSESSMENT DISTRICT - (Declaring Surplus in
Improvement Fund - Resolution)
4. AU'rBORIZATION TO PURCHASE CAPITAL EQUIPMENT
a. Four Trash Receptacles for Tiburon Boulevard)
b. Pitney Bowes Postage Meter
c. Police Department Safety Equipment
5. ENCROACHMENT PERMI~ (Swimming Pool & Fence - 54 Reed Ranch
Road)
6. NOTICE OF COMPLETION & ACCEPTANCE OF PROJECT - (Tiburon
Boulevard Downtown Improvement~ - Resolution)
Moved: Coxhead, Seconded by Spratling
Vote: AYES: Unanimous
G. PUBLIC HEARINGS & BUSINESS ITEMS
7. DONAHUE BUILDING (Canvassing Advisory Questionnaire Results
Concerning Relocation Issue)
~he Town Manager stated that 4,729 ballots had been mailed to
Tiburon1s registered voters asking whether the Donahue Building
should remain in its current location or be moved to another
downtown location. He thanked Stewart Hopkins and Betty McKegney
who assisted in counting the 1,758 returns. The result was 1,098
to 517 (two to one) in favor of leaving the building in its
current location. Staff recommended Council should abandon
further consideration of the matter and take no further action
regarding the issue of relocating the Donahue Building.
The Mayor opened the public hearing. There being no comments,
the Mayor closed the public hearing.
MOTION: Council abandon further consideration of moving the
Donahue Building and pursuant to our ordinance, the
~tter not be available for consideration by the Town
for at least one year
Moved: Spratling, Seconded by Smith
Vote: AYES: Unanimous
8. KAHN MASTER & PRECISE PLAN AMENDMENT (To Enlarge Building
Envelopes - Resolution, Ordinance, 2nd Reading)
The Planning Director reviewed the Staff report.
~he Mayor opened the public hearing. There being no comments,
the Mayor closed the public hearing.
I<<>TION:
Moved:
Vote:
To read by title only.
Spratling, Seconded by Wilson
AYES: Unanimous
~he Mayor read AN ORDINANCE OF THE roWN OOUNCIL OF THE TOWN OF
TIBURON APPROVING AN AMENDMENT TO THE MASTER AND PRECISE PLANS
IDR THE SUBDIVISION LOCATED AT 4,885 PARADISE DRIVE
IKlTION:
Moved:
Vote:
~o adopt the aforementioned ordinance
Spratling, Seconded by Wilson
AYES: Spratling, Wilson, Coxhead, Smith, Bergmann
To approve Resolution of the Town Council of the Town
of Tiburon Approving an Amendment to the Precise Plan
for the Subdivision Located at 4885 Paradise Drive
Spratling, Seconded Wilson
AYES: Unanimous
I<<>TION:
Moved:
Vote:
TOWN COUNCIL MINUTES i701
August 7, 1985
Page 2
9. BERNAL PERMIT - 2310 Spanish Trail (Install Gate)
~he Planning Director reviewed the Staf~ report. Staff's
recommendation was to accept ~. Bernal's compromise proposal and
for Council to grant a revocable Encroachment Permit.
~he Mayor opened the public hearing.
Mr. Dave Teather asked to see correspondence relating to this
item. Council acknowledged receipt this date of letter from
David Kirschhoff.
Mr. Bernal was not present and Councilman Wilson suggested the
item be continued.
Councilman Smith stated he'thought-Mr. Bernal's suggestion was a
satisfactory solution to the probl~m. Mayor Bergmann stated she
didn't think the gate should be locked because it was located on
the Town's right-of-way. Vice-Mayor Coxhead suggested wording be
included in a title report or in some manner that would notify
all future owners of the property that neighbors had right of
access to the property.
Marilyn Knight objected to gates as being prohibitive and
intimidating to children.
Mr. Bernal arrived. Councilman Wilson suggested the item be
continued until Mr. Bernal had an opportunity to consider Mr.
Kirschhoff's letter and a manner of documenting pedestrian access
for future owners be established.
Mr. Bernal suggested that school children should use an alternate
safer route to reach the school bus.
Item continued to August 21 meeting.
10. STEWART DRIVE/TIBURON BOULEVARD INTERSECTION IMPROVEMENTS
(Cont'd. Hearing Re Proposed Safety Improvements)
The Town Manager reviewed the Staff report. The item has been
previously discussed at public hearings and the Council's Public
Services COlIIDittee had aet with CAL/TRANS District Director Burch
Bachtold and other representatives to discuss many improvements
along Tiburon Boulevard. CAL/TRANS did support the installation
of traffic signals at Stewart Drive and Tiburon Boulevard because
the intersection did meet warrant 12, did not consider the
proposal high priority and would not have funds available for
this project. CAL/TRANS did indicate that the Trestle Glen
signalization project would be advertised in September. They
anticipated a December/January installation and suggested the
Council might want to evaluate impacts of that traffic signal and
the effects of ingress and egress at Stewart Drive.
Staff's recommendation was to improve the intersection's sight
distances: support future traffic signals subject to availability
of funding and approve the proposed bus stop installation unless
local residents unanimously object to this installation.
In response to Vice-Mayor Coxhead, the ~own Manager stated that
~iburon Boulevarq sight ~provements must be made before traffic
signals could be installed: Urban Thoroughfare Funds had been
granted to the Town in the total amount of $59,500 to make sight
distance"improvements: this funding could not be used for traffic
signals.
The Mayor opened the public hearing.
Larry Murphy, Silverado, stated residents had made it quite clear
they did not want Tiburon Boulevard widened at this intersection;
they wanted traffic signals installed and did not want a bus
stop.
TOWN COUNCIL MINUTES *701
August 7, 1985
Page 3
Frank Shaw, President Little Reed Heights Homeowners Association,
reviewed responses from 68 residents who had responded to a
questionnaire he distributed.
Rick Buell, 50 Stewart D~ive, thought funding could be better
spent elsewhere and objected to bus stop near his house.
The Mayor closed the public hearing.
In response to Councilman Smith, the Town Engineer explained that
he made a list of priorities four years ago for the Tiburon
Boulevard Improvement Fund: these priorities could be changed by
Council.
Council~n Wilson stated h~ was impressed by comment~ of
CAL/TRAHS engineers that conditions might change at various
intersections as a result of the installation of traffic signals,
especially the signal at Trestle Glen: he recognized the
residents didn't want anything done, however improvements in the
public right-of-way is a much broader issue than how it affects
an individual: he recommended the Town impleaent Alternative 4 as
suggested by the Town Engineer in his letter dated May 16, 1985.
Council agreed to proceed with Alternate 4: wait to see traffic
impact at this intersection after the Trestle Glen signals have
been installed; consider re-prioritizing Tiburon Boulevard
Improvement funds and reconsider SOlie of the 22 plans previously
conceived to improve Tiburon Boulevard.
The Town Engineer explained work to be done at the Stewart Drive
intersection under Alternate 4 which would include improving
sight distance on the north corner; minor improvement of sight
distance on south corner; there will be no right hand turn lane,
which will have some impact in the future on traffic along
Tiburon Boulevard and traffic signal conduit will be instal~ed.
mTION:
Moved:
Vote:
Town proceed with Alternative 4 as recommended by the
Town Engineer
Wilson, Seconded by Smith
AYES: Unanimous
mTION:
Direct Town Staff to schedule a meeting in the Fall
for review of priorities of signalization projects
throughout Tiburon Boulevard
Spratling, Seconded by Wilson
AYES: Unanimous
Moved:
Vote:
11. APPEAL DESIGN REVIEW BOARD DECISION (Tree Complaint - 1994
Centro West)
~be Planning Director reviewed the Staff report. Council had
previously required removal of 18 trees along Reserva Lane and
replanting of an appropriate number of trees; the Council
remanded tbe matter back to the Design Review Board to determine
the allocation of cost for the prescribed work. The Board
determined the cost of removing the five hazardous trees be
allocated 100% to the tree owner; the cost of removing the
remaining 13 trees be allocated SOl to the tree owner and 50% to
the complainant and 100% of the replanting be borne by the tree
owner. Dr. Nathan, tree owner, has appealed the Board's
allocation of costs. Staff recommended the Council uphold the
Board's decision.
~be Mayor opened the public hearing.
lack Cowan, attorney representing Dr. Nathan, tree owner, stated
we appeal the decision based on the findings and the cost
allocation; we object to both as they have been applied: it is
our feeling, our conviction that the trees cannot be cut down in
co~liance with the ordinance or the constitution. Mr. Cowan
~intained that it was not possible to make the finding required
TOWN COUNCIL MINUTES #701
August 7, 1985
Page 4
by the ordinance that removing all of the trees will not decrease
the owner's enjoYment of his property; there's no evidence in the
record to that effect, evidence is to ~he contrary; nor do the
trees obstruct anyone's view except Dr. Palumbinskas; Dr. Nathan
bas agreed to remove the five trees that have been shown to be
hazardous or potentially hazardous at his own cost; to have the
area cleaned and maintained at his own cost and is ready to have
the other trees trimmed according to the recommendation of the
experts retained by the city; there's no prudential reason to
have all of the trees taken down now; the five can go, the rest
can be trimmed, if that is not a satisfactory solution, the
Council can retain jurisdiction and make any further orders that
are appropriate. He stated there's no technical justification
for the order that has been aade; it is in violation of the
ordinance. The allocation. outlined is generally acceptable with
one exception and that is the replanting and replacement; it is
our position that Dr. Nathan need not bear more than 50% of the
cost of the 13 trees that are not hazardous. Mr. Cowan stated
his reading of the ordinance is that only one of the complainants
would be libel for the otber SOl, not all four of them, becaus~
the trees only seem to block the view of one of them. Mr. Cowan
submitted two letters, one from Sobner Tree Service and anotber
from Marin Tree Service, both agree that five should be removed
and the rest should be trimmed for safety and for view.
Alex Anolik, attorney for Masons on Reserva Lane, addressed the
legal aspects of the issue and why the allocation is appropriate;
our position is that the only issue before the Council is the
allocation under 1524(b) the hazard to the safety of the
complainants or their properties. He submitted pictures to
Council showing trees 110' tall. From his clients house, you
could see these 110' eucalyptus trees from the bedroom, thru
skylights; there's potential fire danger, since the roadway could
be blocked if the trees fall.
Mr. Anolik maintained there was a lOOt allocation of costs ,-
because there was a safety issue; that until the tree owner had
evidence to show that there is not psychological, emotional nor
actual physical damage then they can't get away from that 100%
allocation; the mere apprehension of injury from a danger is
sufficient to constitute a nuisance; since it has encroach6d on
his clients for SOlie time, he asked the Council to deny the
appeal and consider the $500 filing fee be reimbursed to his
client. Mr. Anolik pointed out that the neighbors have been
trying to get Dr. Nathan's assistance for eight years.
Dr. Paluminskas, 200 Diviso, read a letter which he had
presented to the Board which referred to his request that Dr.
Nathan bear the costs as allocated by the Board; Dr. Palumbinskas
had cut down and replaced many trees on his property at his
expense.
Mr. Cowan stated experts have said five trees should be taken
out, the rest should be pruned; there's no justification safety-
wise beyond that for an action to be taken; under conditions of
his deed, Dr. Nathan wasn't able to do anything about his
neighbors complaints until the Fall of 1983; he pointed out that
tree 118 might not be on his property and this should be
clarified.
~he Mayor closed'the public hearng.
Councilman Spratling noted fees were waived for this last appeal;
he Personally found the appelant's argument unconvincing; the
Council was in conformance with the tree ordinance; thought
findings had been made at the first meeting of the Design Review
Board and incorporated at their second meeting and other
lleetings; the Board followed the instructions of the Town Council
given on April 17; the Board followed the tree ordinance and has
engaged in a fair apportionment of cost of re.oval and
replanting.
TOWN COUNCIL MINUTES #701
August 7, 1985
Page 5
MOTION: To uphold the decision of the Design Review Board
and deny the appeal
Moved: Spratling, Seconded by Smith
Vice-Mayor Coxhead expressed his outrage that the five hazardous
trees had not been removed.
Vote: AYES:
Unanimous
Council agreed that the filing fees should not be returned to
complainants.
12. SCHONFELD PRECISE PLAN & TENTATIVE MAP (Resolution)
With the consent of applicant's representative, this item was
postponed' for 45 minutes. '
13. VISTA TIBURON - MASTER PLAN, CONDITIONAL USE PERMIT AND RE-
ZONING (Foraer Reedland Woods School - Blackfield Drive at
Via Los Altos)
Due to the lateness of the hour and the crowded agenda, Council
agreed to limit discussion to the developer's presentation and
set a public hearing to hear public input.
Randy Chafin, Associate Planner, stated this was a three part
application, i.e., Master Plan proposing 34 units, a conditional
use permit for operation of existing synagogue and a change of
zoning from RO-2 to RPD-2. Mr. Chafin reviewed the Planning
Co_ission and Staff recommendations as outlined in the Staff
report.
Planning Director Hanna stated due to the EIR process and the
lengthly public hearings before the Planning Commission, the
Council must take action on this application no later than _
Septeaber 28,1985 unless Taldan Investment Co. requested a'90-
day extension.
~he Town Engineer expressed concerns which he wanted addressed at
the Precise Plan stage, i.e. he requested Flood Control Zone 14
coaaents on drainage impact to west ditch along Blackfield Drive;
the Via Los Altos and the proposed intersections with Blackfield
Drive need to be studied and feasibility of steep road with
driveways along it.
In response to Councilman Spratling, Mr. Chafin stated the
Planning Commission and Staff considered overall density and did
not limit density within certain areas.
Mx. Ben-Simon, Taldan Investment Co., introduced Robert Vasquez
and Ken Kurtzman.
Mr. Kurtzman reviewed the history of the project and the school
district's efforts to master plan the property in preparation for
selling the property; aany meetings were held with homeowners and
staff to determine feasible projects; Kol Shofar bid on 5 acres,
however, State law prohibits separating property without a ~ster
plan; the school district put the property out to bid and it was
acquired by Taldan Investment Co.
A ,video depicting the property and a discussion of the proposed
plan was shown to the Council.
Mr. Vasquez stated the developer was in general concurrence with
the proposed ordinance with the exception of 114 and asked for
deletion of -including lot reduction-; the developer had already
reduced the density fro. 40 to 34 lots; re 126, the developer
wished to work with Staff to provide program for in-lieu fees at
the Precise Plan stage; he asked that -annual review- for
conditional use permit be deleted.
TOWN COUNCIL MINUTES i701
August 7, 1985
Page 6
~be developer requested approva~ and asked the Council to proceed
to deal with the project and act upon it within the time
constraints. Council set August 20 at 7:30 p.m. for a special
bearing~
12. SCHONFELD PRECISE PLAN & TENTATIVE MAP (Resolution)
The Associate Planner reviewed the Staff report. The Master Plan
was approved with a range of 29-27 units; there has been
considerable delay caused by review of land slide repair
proposals on the property. Mr. Chafin reviewed the Planning
Commissions recommendations.
The Mayor opened the public hearing.
Ken Kurtzman, representing Schonfeld, reviewed the proposed 28
unit plan. Mr. Kurtzman objected to in-lieu housing fees
condition since they were not enumerated in the Master Plan and
realized this was a legal issue that needed to be resolved before
Council could vote on the plan; asked Council to address other
issues.
Council discussed height, view blockage, use of retaining walls,
clustering: land slide restrictions; improvement of Red Hill
slide drainage; repair of Lyford Drive slide with 45,000 cubic
yards of dirt being moved.
In response to Councilman Spratling, the Town Engineer stated he
was satisfied with conditions of the Master Plan; that they had
hired an outside consultant; Red Hill slide area's appearance
will not change and maintenance of this area will rest with the
property owners association and not with the Town.
Discussion ensued concerning requiring financial security
arrangements to guarantee work is performed within a specific
time frame be included as a condition.
In response to Councilman Spratling, Planning Commissioner
Callister stated landscaping plans must be considered and should
tie into existing landscaping.
Councilman Spratling stated he disagreed with Mr. Kurtzman; the
~own had an ordinance which requires contribution of in-lieu
housing fees for any development over 10 units; this requirement
does't have to be included in the Master Plan ordinance: there
was no intention to eliminate this requirement for this
development.
Council discussed whether to accept fees in lieu of housing and
agreed to accept in lieu fees using the same formula as used for
Perini development.
Item continued to August 21 Town Council meeting.
VISTA TIBURON
Applicant returned to meeting and requested Council reconsider
the special hearing date in order that the full Council may be
present and if necessary they would apply for a 90-day extension.
Council agreed to meet on TueSday, September 10 at 7:30 P.M.
Mayor directed Staff to notify residents of the area of the
change of date.
14. GUAYMAS RESTAURANT MASTER & PRECISE PLAN (5 Main Street,
Ordinance, 1st Reading)
Due to the lateness of the hour, Council agreed to listen to
co.ments and refer the matter to the Lands & Development
Comaittee to discuss specific unresolved issues.
TOWN COUNCIL MINUTES i701
August 7, 1985
Page 7
~he Planning Director briefly reviewed the Staff report; the
proposed expanded restaurant using a second deck with an
additional 128 seats would require an increase in parking spaces
according to the Town's Zoning Ordinance. Previous restaurant's
allocation was for 34 spaces provided in the daylight hours and
69 in the evening in the Main Street parking lot provided
employees parked elsewhere. The newly created Parking Commission
reviewed the matter and three members felt this proposal would
benefit the Town and two members felt the increased parking was
inappropriate. The other issue was that the expansion of the
second deck would expand the square footage of the building which
would then exceed the 5,000 sq. ft. per acre aaximum building area
set by the Downtown Plan.
The Mayor opened the public hearing.
Mr. Ed Zelinsky asked Council to consider that most of the time
the outdoor eating areas would not be used at the same time as
the indoor areas, i.e., at night or rainy, cold weather.
Discussion ensued regarding passing first reading of the
ordinance without resolving the two outstanding issues and
Council decided not to proceed due to the necessity of making
specific findings.
Lands & Development Committee meeting was set for 2:30 P.M.,
Monday, August 19 at the Town Hall Conference Room.
~he Town Manager pointed out that the density previously
approved, but as yet unused, for Fred Zelinsky in conjunction
with the Tiburon Lodge and second floor of the New Morning Cafe
was not available as a credit for this application; it was
demonstrated at that time there would be a benefit to the Town to
give extra density to Mr. Zelinsky when the property at the~
corner of Mar West and Tiburon Boulevard was donated to the Town;
this proposal was never worked out; the extra density was not
granted; the only reason the Town considered exceeding the 5,000
sq. ft. density was to receive the benefit of dedicated property
to the Town.
Mayor Bergmann and Vice-Mayor Coxheadagreed to a workshop
~eting with Mr. Zelinsky at 5 P.M., August 8, at the Town
Manager's office to discuss the proposal further.
15. HOBB'S LOT LINE ADJUSTMENT (One San Rafael Avenue (Lot Line
Adjustaent - Resolution)
Due to the late hour, this item was continued to next meeting.
16. 1985-86 MASTER SALARY PROGRAM (Approval of Employee Salary
Ranges and Adjustments - Resolution)
Councilman Smith gave the Finance Committee's report. They had
reviewed the recommendations of the Town Manager and recommended
the monthly salary of the Finance Director be increased $210
retroactive to June 1, 1985; the monthly salary of the Police
Chief be increased $200 retroactive to June 1, 1985 and the
.onthly salary of the Planning Director be increased $250
retroactive to July 1, 1985.
~he Finance Committee also recommended that the Planning Director
receive additional compensation for the tremendous number of
additional hours he spends on Town business in addition to his
regular schedule.
MOTION:
Moved:
Vote:
To approve the Master Salary program and salary ranges
as shown on Exhibit A and Exhibit B
Wilson, Seconded by Coxhead
AYES: Unanimous
TOWN COUNCIL MINUTES #701
August 7, 1985
Page 8
mTION: To approve $1,200 for Robert Hanna in recognition of
extra time spent performing the duties of the Planning
Director
Moved: Wilson, Seconded by Spratling
Vote: AYES: . Unanimous
The Finance Committee has also recommended that the Police
Chief's salary be reviewed in six months to determine if there
should be additional compensation as a result of additional
responsibility due to recent annexation and occupancy of proposed
developaents.
17. TOWN MANAGER'S SALARY (Resolution)
The Finance Committee recommended the Town Manager's salary be
increased $300 per month retroactive to January 1, 1985.
...
w)'rION:
Moved:
Vote:
To approve the Town Manager's salary
Wilson, Seconded by Spratling
AYES: Unanimous
MAPE
The Town Manager presented the Council with a memorandum
outlining recent merit increases recommended for members of
NAPE. Council accepted the report without further comment.
H. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS
18. San Rafael Avenue/Tiburon Boulevard Signalization Project -
(Approve CAL/TRAHS Drawings - Town Engineer Oral Report)
~he Town Engineer reviewed the drawings with the Council.
CAL/TRAHS will cooperate with the City of Belvedere and their
landscaping architect.
MOTION: To approve CAL/TBAHS drawings for the San Rafael Avenue
7iburon Boulevard Signalization project.
Moved: Wilson, Seconded by Coxhead
Vote: AYES: Unanimous
NEILL SMITH SUBDIVISION IMPROVEMENTS
Requested permission to proceed with heavy grading and then
winterize the project. The Town Engineer requested contractor's
schedule.
MOTION: To support the Town Engineer's request that he
receive and approve contractor's schedule and sees
evidence of performance bond to specify work schedule
Moved: Wilson, Seconded by Coxhead
Vote: AYES: Unanimous
19. Municipal Gift Catalogue (Town Manager Oral Report)
Received as informational item.
20. LaCresta Water Tank Landscaping (Planning Director Oral
Report)
Item continued.
REZONING
The Planning Director reported that at the request of the
Landmark's Society he had asked the County to consider rezoning
property around Old St. Hilary's which is in County ownership.
TOWN COUNCIL MINUTES #701
August 7, 1985
Page 9
I. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Bergmann adjourned the meeting at 12:05 A.M.,
August 8, 1985, sine die.
ATT~
R. L. KLEINERT,
TOWN COUNCIL MINUTES #701
~ ~L-.<-.)
VALERIE W. BERGMANN, MAYi
Town of Tiburon
August 7, 1985
Page 10
MINUTES
ADJOURNED
TOWN roUNCIL
CALL TO ORDER
Mayor Bergmann called the adjourned meeting of the Town Council
of the Town of Tiburon to order at 7:35 P.M., Wednesday, July 31,
1985, in the Hilarita Community Room, Tiburon, California.
A. ROLL CALL
PRESENT:
COUNCILMEIvlBERS:
Spratling, Wilson, Coxhead,
Smith, Bergmann
ABSENT:
COUNCILMEMBERS:
None
EX-OFFICIO:
Town Manager Kleinert, Deputy
Town Attorney Conn, Planning
Director Hanna, Town Engineer
Ba1a, Supt. of Public Works
Brunini, Assistant Town Clerk
Hennessy
B. PUBLIC QUESTIONS AND OOMMENTS
There were none.
C. PUBLIC HEARINGS , BUSINESS ITEMS
1. PERINI PRECISE PLAN, PHASE I
The Planning Director reviewed the Staff report; the original
Precise Plan submitted was consistent with the Master Plan '
approval; there were several modifications as a result of public
hearings before the Planning Commission and Town Council; the
proposed resolution was prepared in response to the Planning
Commission recommendations; the current proposed plan would
necessitate a resolution detailing specific recommendations of
the Town Council with precisely defined exhibits to be
incorporated into the resolution.
Ms. McCart, representing Perini, reviewed drawings and
transparencies which depicted the various configurations prepared
in response to comments made at public hearings and Lands &
Development Committee meetings.
In response to Vice-Mayor Coxhead, Ms. McCart stated the driveway
for lot 13 would not have a retaining wall and would have
approximately a 12% grade; lot 8 did not comply with the 175'
elevation limitation.
Councilman Spratling stated the Lands & Development Committee had
met with Perini representatives the weeks of July 16 and 23; had
a field trip on July 25 and Councilman Spratling had met with
their attorney on July 29 to discuss legal issues.
On the field trip the Committee used surveyors' poles in order to
visualize impact of houses in different locations; Councilman
Spratling stated he felt the plan presented this evening
responded generally to the directions of the Lands & Development
Committee; Councilman Spratling stated subject to public input he
preliminarily supported the plan presented as one which addresses
a lot of the adverse impacts raised by neighbors during the
course of the public hearings.
Mr. Collette, attorney for Perini Land & Developmet, stated that
they had provided letters dated July 3 and July 22, 1985 to the
Town Attorney regarding drainage and he asked that they be
TOWN COUNCIL MINUTES 1700
July 31, 1985
Page 1
included as part of the record. Deputy Town Attorney Conn
presented copies of the two letters to the Town Council.
Vice-Mayor Coxhead confirmed the position of the Lands &
Development Committee as stated by Councilman Spratling, but he
personally did not find the plan 100% acceptable and would
comment after hearing further public input.
The Mayor opened the public hearing.
Rod McLeod, Mercury Avenue, asked that homeowners be given copies
of the attorney's letters. Councilman Spratling stated that the
July 3 letter sets forth the developer's position with respect to
his entitlements under the zoning ordinance and state law; the
July 26 letter states that ~he attorney believes the Perini
contribution to the drainag~ syste~-based upon the in6remental
drainage the development will add to the drainage system would be
10% based on government code sections. Councilman Spratling
noted that this was a subject for further discussion at Committee
and public hearing meetings.
Edward Shapiro, 70 Reed Ranch Road, objected to privacy and noise
problems which will occur by stacking lots 12 and 13; supported
five lots along Reed Ranch Road or elimination of lot 13.
Letter from David Lovejoy, 102 Reed Ranch Road, was presented to
Council outlining his concerns.
Mr. Garcia, Belveron, presented Council with an old newspaper
clipping to demonstrate the drainage problems in Be1veron.
Bob Werner, 69 Reed Ranch Road, thought stacking of lots 12 and
13 cut the view from his home by 1/3 due to 35 foot higher
elevation of lot 13.
Mr. Block, 54 Reed Ranch Road, asked what change there will oe in
the view if looking at the development from the blue house on
Reed Ranch Road; if the fire trail has been changed and asked for
clarification of pending legal action; asked if the developer
could strong-arm the Councilor whether the Council and residents
have anything to say.
Councilman Spratling stated there was no legal action pending or
threatened; the developer's Counsel had submitted a letter with
respect to what they believed to be the developer's rights; he
didn't believe the Council had been strong-armed; thought the
purpose of the letter was to advise the Council that the
applicant's attorney thought the Council might have been
contravening zoning or state law provisions; thought the proposed
plan was in response to the application of planning principles.
Bruce Ross, architect, explained the new fire road, pedestrian
path and driveways serving lots 12 and 13, and stated regarding
the view from the blue house, one will see a house.
Tom Edmundson, 7 Juno, asked about landscaping plans. Mr. Ross
explained they have discussed landscaping treatment but not
specific landscaping plans; a landscape architect will work with
individual homeowners who will go through the Design Review
process.
Rod McLeod, 21 Mercury Avenue, stated the Homeowners Association
was adamantly opposed to any construction in area of lot 3;
thought they were right back where they started, that there had
been shifting and consideration given to the open space area but
lot 3 is still offensive; felt consideration had been give to
views from Reed Ranch Road area; the developer was now proposing
eight lots along the lower cul-de-sac which encroached upon the
living standards residents had enjoyed for years; asked that the
drainage issue be discussed; he referenced suggestion made by
Councilman Spratling at previous Council meeting that the in-lieu
TOWN COUNCIL MINUTES #700
July 31, 1985
Page 2
housing fees be given back to the developer so the developer
could pay part of the cost of the drainage; the Homeowners
Association proposed the council take the in-lieu fees and buy
lot 3.
Karen Nygren, 22 Paseo Mirasol, concerned about this project
because her area was working with a developer who proposed more
units than the community would like; concerned Council's decision
would set a precedent for other developments in the community and
urged the Council to give their decision great thought.
John U1ich, 22 Venus Court, stated he thought the condition of
the hill behind Belveron is a significant feature of the
community; he suggested eliminating lot 3 and leaving the hill in
its naturq1 state, he thought it would be something that would
make the whole development more palatable for the residents.
Anne Lettrick, 26 Mercury Avenue, thought it was obvious that
most consideration had been given to the Reed Ranch Road area;
supported Mr. McLeod's statement that lot 3 should be eliminated.
Margaret Kelly, 42 Mercury Avenue, stated the Belveron residents
had been approached by two members of the Council and advised of
Perini's position regarding the drainage issue; the Town was
1ib1e for drainage problems; Be1veron was going to have to accept
the density proposed in exchange for drainage improvement costs
and if not accepted there was the possibility of an assessment
district being formed and Be1veron residents would share the
costs.
Mayor Bergmann stated that the developer did not feel he was
responsible for 100% of the drainage improvements under existing
laws; the perception of the community is that the developer is
responsible for all drainage improvements; the meeting was called
with the homeowners to explain the developer's position and the
need to reach a solution regarding the drainage problem and there
were only a few options available to solve the problem; the
Council had to act responsibly to protect the community and the
Town; the Council was not being strong-armed; the Council was
trying to be as fair and open minded as possible; no one was
dealing more favorably with one neighborhood than another.
Mrs. Kelly expressed objection to 13 units; wanted adjustments
around the density issue. In response to Vice-Mayor Coxhead,
Mrs. Kelly stated she would not personally be impacted by the
proposed development.
Mr. Ryder, 33 Mercury Avenue, thought only a few houses have a
drainage problem; thought drains were adequate; developer would
add water which will affect the drains; residents should pay 10%
and the developer 90% of improvement costs.
Councilman Spratling noted that regarding the drainage
improvements there had been no solution worked out with respect
to proportionate shares; there was a condition in the Master Plan
that provides for assurance there will be no adverse impacts on
Be1veron as referred to in the Town Engineer's letter dated June
5, 1985.
Rich Clark, 100 Reed Ranch Road, noted plans had changed in
layout but not in density; concerned with density and stacking of
lots on Reed Ranch Road; thought the proposed plan violated the
Master Plan; preferred houses along Reed Ranch Road.
Bob Webster, 90 Reed Ranch Road, stated residents were in favor
of having houses along Reed Ranch Road and not along the hills;
stacking of lot 13 intrudes on views and privacy; thought houses
along Reed Ranch Road met the desires of the neighborhood and
general planning principles.
TOWN COUNCIL MINUTES i700
July 31, 1985
Page 3
Dorothy Morgan, 19 Mercury Avenue, asked that lot 3 be removed
and no development be started until drainage was improved.
Jocelyn McDonald, owner of 12 Venus Court, expressed concern that
the beautiful view from Tiburon Boulevard which now shows a
storypo1e on the knoll would impact every person living in
Tiburon.
Katie Bruel, 57 Mercury Avenue, urged that total drainage as
mentioned on page 49 of the EIR be addressed.
Councilman Spratling emphasized that in addition to requiring
certain improvements, the Town Engineer's letter asks for a
schedule of improvements with funds set aside for each
improvement so that the Town can step in and complete the
improvements immediately if the developer hasn't finished them on
time.
The Mayor closed the public hearing.
Councilman Smith noted that the proposed plans did provide an
open corridor; he had lost a battle and homes were built upslope
from his property; no ordinance, law or tradition of the Town
supports the right to an up-hill view; it's a balancing act; who
deserves the right to a view; who deserves the right to develop
their property; complimented the Lands & Development Committee
for all the things they managed to account for in the proposed
plan.
Vice-Mayor Coxhead stated he tried to evaluate proposals based on
intensity of the impact on property owners; felt distance was
relevant to impact; distance between Mr. Kleinert's home and lot
13 was about 240'; distances along Reed Ranch Road were shorter
therefore bigger impact; lot 8 along the cul-de-sac was
acceptable to him; he couldn't see impact from inside homes of
Mr. McLeod or Mrs. Kelly; Belveron is not impacted by traffic
from this development; drainage fees estimated at over $500,000
would not benefit residents of the Reed Ranch Road area; felt
there should be some trade-off and felt it was reasonable to
expect development along lower cul-de-sac; felt the Council had
made a commitment to a certain amount of open space; felt it
would be better to have open space between the houses and not in
one lot which will be covered with weeds and become a fire
hazard; regarding lot 13, he felt with the knoll rising steeply,
the house would impose itself, not just on Mr. Kleinert and Mr.
Shapiro, but Mr. Werner and Mr. Webster; the current elevation is
approximately 30' higher than the Kleinert home and he felt it
would definitely impose on the neighborhood; thought driveway
would be highly visible; if asked tonight, he would vote against
lot 13; he was also concerned that this lot was sited over a
gully and he was not sure of soils condition; regarding the cu1-
de-sac, he felt 8 homes were reasonable; questioned whether
Master Plan would have to be changed.
Councilman Wilson complimented the Lands & Development Committee
for a tremendous job; the Council had to consider all comments
and try to arrive at a compromise and still allow project to be
built; Master Plan allowed for 10 to 13 lots and the burden was
on the developer to show 13 lots wouldn't adversely impact the
area; asked the aeve10per to provide a landscape plan for the
open space area; thought lot 8 was a reasonable solution to
accomplish the open space; thought lot 8 should be limited to one
story which could be done with building envelope limitations;
thought lot 13 was acceptable because of the way the building
envelope had been rotated.
Councilman Spartling expressed concern regarding some of the
comments; thought it demeans the process to say things like we
are right back to where we started; Council has tried to provide
open space linkage; didn't think 240' is token open space; didn't
think it would look like a missing tooth; agreed there should be
TOWN COUNCIL MINUTES #700
July 31, 1985
Page 4
a landscaping plan; the developer has pushed for upper limits of
maximum density, but the maximum density is far higher than 13
units; didn't see impact of lot 13 on people farther up Reed
Ranch Road. Councilman Spratling proposed the following
condition be added:
"The building envelopes shown on said map have been left large by
the Town Council to provide the Town's Design Review Board with
greater flexibility in applying appropriate design principles and
policies to the proposed residences, and to ensure maximum
compatibility with existing structures. The design, location and
size of each proposed residence shall be the subject of public
hearings before the Design Review Board, which shall give
consideration to whether reasonable efforts have been made to
minimize the adverse impact$ of the proposed residence on
adjoining 'residences and open space: The Design Review Board may
modify the design, location and size of residence to minimize any
adverse impacts." '
Councilman Spratling also suggested conditions with respect to
size and location of fences and hedges be included.
Councilman Spratling supported the plan as proposed at the
existing density, although he would support it if the 5 lots were
along Reed Ranch Road rather than stacking them but he didn't
think it was as good a plan.
Mayor Bergmann stated from the beginning she had been an advocate
of an open space corridor along the lower slope; she took
exception to some of the comments; thought there has been
considerable change in the corridor; she agreed with the
placement of lot 8, the Belveron Homeowners Association had
suggested that location; reminded everyone that the knoll wasn't
open space, it was private property; the developer had agreed to
leave this area open; thought the new plan was better than
previous plans; didn't have problem with lot 13, preferred four
houses along Reed Ranch Road rather than 5; thought it was better
to spread the houses out on the lower level rather than add
second stories; it has been a 1engthly and exhausting process;
two different neighborhoods with two different perspectives;
concerns of the developer and concerns of the Town.
Councilman Spratling suggested the Council take a vote with
respect to the cul-de-sac area; the Reed Ranch Road area and
based on the vote with regard to density, Council give
instructions to Staff to revise the resolution to incorporate
density and additional conditions as discussed and return the
item at the next meeting.
Moved:
Vote:
To approve eight (8) units along the cul-de-sac in
the configuration shown on developer's map of July
26, 1985 scheme A with open space corridor as there
depicted
Spratling, Seconded by Wilson
AYES: Unanimous
MOTION:
Moved:
Vote:
To approve the configuration along Reed Ranch Road
as depicted on Plan A, dated July 26, 1985
Wilson, Seconded by Spratling
AY~S: Spratling, Wilson, Smith, Bergmann
NOES: Coxhead
MOTION:
Councilman Spratling recommended condition for Design Review
Board to look at the size and height; an exception to the Master
Plan of 175' height limitation for lot 8; asked Town Attorney to
advise Council if an amendment to the Master Plan was required
since the Council had agreed to a plan which was within the
maximum density set, but not within the range set for the two
areas; suggested condition regarding hedges and fences in the
secondary building areas similar to Del Madera; a condition with
respect to full landscaping treatment of the lot and open space
TOWN COUNCIL MINUTES #700
July 31, 1985
Page 5
corridor; add to condition number 14: "however the in-lieu
housing fee may be waived based upon applicant's total
contribution in Phase I and II to drainage improvements in the
Belveron watershed.
Mr. Hanna enumerated all the plans and maps which would have to
be resubmitted to coincide with the proposed plan.
Ms. McCart asked that the Parks & Recreation in-lieu fees be
waived on the basis the developer was providing open space.
Councilman Spratling suggested an additional condition of the
Resolution to state: The Town's Park & Recreation fee may be
waived based on applicant's total contribution to other
improvements.
Discussion ensued regarding a designated trail system but it was
determined that the Be1veron residents opposed such designation.
Jocelyn McDonald asked the Council to advise the Parks & Open
Space Commission of any waiver of fees.
In response to Town Manager Kleinert, Councilman Spratling stated
that the storypole located on lot 13 is at the north edge portion
of the circular building envelope and this mark indicates the
outermost edge of the primary building envelope.
Item continued to August 21 for adoption of the revised
Resolution.
D. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Bergmann adjourned the meeting at 10:15 P.M., sine
die.
~
VALERIE W. ~
Town of Tiburon
TOWN COUNCIL MINUTES #700
July 31, 1985
Page 6