HomeMy WebLinkAboutTC Min 1983 (September thru December)
MINUTES
TOWN COUNCIL
ADJOURNED MEETING
CALL TO ORDER
Mayor Spratling called the adjourned meeting of the Town Council
of the Town of Tiburon to order at 7:40 P.M., Monday, December
19, 1983, in the Hilarita Community Room, Tiburon, California.
A. ROLL CALL
PRESENT: COUNCILMEMBERS: Bergmann, Rockey, Smith, Spratling
Edelstein (7:50 P.M.)
ABSENT: COUNCILMEMBERS: None
EX-OFFICIO: Town Manager Kleinert, Director of
Community Development Hanna, Associate
planner Walsh, Deputy Town Attorney
Ragghianti, Town Engineer Bala,
Minutes Clerk Hennessy
B. APPROVAL OF MINUTES
#642, December 7, 1983
The Council postponed approval of the minutes to the next
meeting.
MOTION:
Moved:
Vote:
C.
APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES
To appoint James Malott to the Planning Commission
Spratling, Seconded by Rockey
AYES: Unanimous
ABSENT: Edelstein
Mayor Spratling stated this appointment was supported by
Councilman Edelstein and Bob pringle, Chairman of the Planning
Commission.
MOTION:
Moved:
Vote:
MOTION:
Moved:
Vote:
To appoint
Review
Spratling,
AYES:
ABSENT:
Joe Newberry to the Board of Adjustments and
Seconded by Smith
Unanimous
Edelstein
To appoint
and Review
Spratling,
AYES:
ABSENT:
Marylyn Siewert to the Board of Adjustments
Seconded by Rockey
Unanimous
Edelstein
Mayor Spratling stated both of these appointments were fully
supported by Councilman Edelstein and Stone Coxhead, Chairman of
the BAR.
MOTION:
Moved:
Vote:
To appoint Bob Cappelloni to the Parks & Open Space
Commission.
Spratling, Seconded by Bergmann
AYES: Unanimous
ABSENT: Edelstein
Mayor Spratling stated this appointment was also supported by
Councilman Edelstein.
TOWN COUNCIL MINUTES #643
December 19, 1983
Page 1
The Mayor asked the Town Manager to infor~ Mr. Cappelloni that he
would not be able to serve on the Tiburon/Belvedere Joint
Recreation Committee due to a conflict of interest since his wife
serves as Director of the Joint Program.
All appointments were to be effective January I, 1984.
D. COMMISSION AND COMMITTEE ORAL REPORTS
There were none.
E. PUBLIC QUESTIONS AND COMMENTS
Councilman Rockey, on behalf of the Town Council, thanked the
Tiburon Staff for their efforts in organizing the Town's
Christmas party.
F. PUBLIC HEARINGS & BUSINESS TERMS
I. MERGER OF CONTIGUOUS PARCELS (AB 2010 Legislation)
Mayor Spratling asked the Deputy Town Attorney to give a brief
overview of this legislation.
Deputy Town Attorney Ragghianti stated that this meeting was
called as a result of AB 2010. Mr. Ragghianti stated this was
very technical language in the Subdivision Map Act which is part
of the California Government Code. It deals with the merger of
contiguous pieces of real estate and the criteria which are
required prior to effecting the merger. This Section of the
Government Code had been amended continuously since its adoption
six or seven years ago. In approximately 1979, Tiburon adopted
its own merger ordinance, Section 14.72 of the Tiburon Code. AB
2010 completely repeals all merger legislation previously
enacted. The new legislation provides that if prior to January
1, 1984, local entities do not cause to be recorded a formal
Notice of Merger, then certain parcels of property would then
automatically un-merge if a certain list of criteria are met; as
those criteria are specifically listed and set forth in AB 2010.
The Deputy Town Attorney stated it is important to point out that
merger is principally a question of law and that this pUblic
hearing is held pursuant to statutory direction and is not held
for the purpose of determining whether or not merger of
contiguous parcels should occur; rather, merger has already
occurred under Tiburon Municipal Code 14.72 as a matter of law
if all of the criteria specified in this merger legislation has
been fulfilled. The Tiburon Merger Ordinance ( 14.72 T.M.C.)
sets forth criteria for the merger of contiguous parcels of real
property as follows: Lot(s) must be contiguous; lot(s) must be
under common ownership; at least one lot(s) must not be developed
with a building; at least one of said undeveloped lot(s) must
fail to conform to standards for minimum parcel size for the zone
in which it is situated. Assuming all of these conditions are
met, parcels merge under the provisions oi the Tiburon Merger
Ordinance as a ,matter of law. Tiburon's Merger Ordinance applies
to any property held by the owner on or after January I, 1979.
The purpose of this hearing is to provide owners of properties
which the Town believes have merged under its ordinance to
present any relevant evidence they may have as to why the Town
should not record a Notice of Merger under the statutory
authority contained in Government Code 66424.2. The Deputy Town
Attorney advised that this is not a hearing for the purpose of
determining whether or not the merger of certain parcels of
property is wise and/or beneficial for the Town or for the
property owner(s) as a general proposition. The Deputy Town
Attorney further pointed out that in the future, at the request
of a property owner, or on its own, the Town might wish to
reexamine its Merger Ordinance and/or act on applications from
owners of specific parcels for an exception to be granted from
TOWN COUNCIL MINUTES #643
December 19, 1983
Page 2
the effect of the Town's Merger Ordinance on their undeveloped
individual parcel(s). However, the Deputy Town Attorney
reiterated that the public hearing tonight is to determine
whether or not the specific criteria set forth in the Town's
Merger Ordinance have been met and to hear public testimony
regarding the application of said criteria to specific parcels of
property. It was also pointed out that new AB 2010 requires that
Tiburon record the Notice of Merger documents on properties which
have merged under its current Merger Ordinance prior to January
1, 1984 so as to preclude unmerger from occurring if certain
criteria listed in new AB 2010 legislation is met.
In response to Councilman Rockey, the Deputy Town Attorney stated
his office had prepared Notice of Merger documents on parcels
believed to have merged under the current Tiburon Merger
Ordinance and, if directed by Council at the conclusion of
tonight's public hearing, will record the Notice of Merger
documents on December 30, 1983. The Deputy Town Attorney advised
that there is no filing fee or recordation fee for cities charged
by the County Recorder.
Director of Community Development Hanna reviewed four staff
reports, including an amendment thereto containing deletions from
and additions to the original lists of parcels affected and
believed to have been merged under Tiburon's Merger Ordinance.
The Staff report, dated December 19, 1983, which gave a detailed
background as to certain parcels that had.particular
circumstances requiring a more complete discussion on the subject
of merger. On the basis of the Town Attorney's review of the
circumstances affecting these particular parcels and the
application of the Tiburon Merger Ordinance in relation to ~hose
particular circumstances, the Director recommended that Narob,
Inc. (Sidney Schonfeld, A.P. #58-182-03, 07 and 14 and 58-212-05,
06 and 07 - Redhill Circle) and William and Gisela Goldberg and
Glenn and Susan MacKenzie (A.P. #55-251-19 and 32 - Gilmartin
Drive) be eliminated from the list of parcels as to what notices
are to be filed; and recommended that notices of merger be filed
for three properties listed in the Staff report, i.e., Marion and
Robert Higgins (A.P. #55-072-08, 09, 16 and 18 - Trestle Glen
Terrace); Corinthian Yacht Club (A.P. #59-15l-01, 03 and 26 -
Main Street); and David N. and Marilyn Sederquist (A.P. #39-171-
17 and 18 - Hacienda Drive).
In addition to previously mentioned additions, the Director of
Community Development added property owned by Alice Morrison, as
request for which notices of merger should be filed (A.P. #59-
181-42 and 43 into one lot and #59-181-55 and 56 into one lot).
The Mayor opened the public hearing.
The Council asked for testimony to discuss the three remaining
items in the Director's memo, i.e., Higgins, Corinthian Yacht
Club and Sederquist.
Marion and Robert Hiqqins - A.P. #55-072-08, 09, 16 and 18 -
Trestle Glen Terrace
The Deputy Town Attorney stated there was a letter dated December
16, 1983 from attorney Stephen H. Kaufmann, representing Mr. and
Mrs. Robert W. Higgins, objecting to the proposed merger of two
of the parcels and setting forth reasons why they felt they
should not be merged. The Deputy Town Attorney stated it was his
conclusion that the legal reasons set forth in this letter were
inadequate to prevent the merger from occurring, and he concurred
with Staff's recommendation that A.P. #55-072-08 and 16 should be
merged, subject to further consideration in the event the owner
wishes to submit additional information to the Town prior to
December 27, 1983.
TOWN COUNCIL MINUTES #643
December 19, 1983
Page 3
The Mayor noted that the Council had received a copy of this
letter in their agenda packet and that there were no
representatives for the Higgins' at the meeting to present any
further evidence.
Corinthian Yacht Club - A.P. #59-151-01, 03 and 26 - Main Street
Mr. Leonard Crunelle, Secretary of the Corinthian Yacht Club,
asked for clarification as to what is the recourse following
Council consideration of the material presented by letter from
Michael J. KOberle, Attorney, dated December 14, 1983, regarding
their request for an exception to be made for their property.
The Deputy Town Attorney stated it was his opinion that these
parcels had merged, they having fulfilled all four requirements
of the Tiburon Merger Ordinance, and a Notice of Merger document
should be recorded prior to the end of 1983 unless further
relevant evidence was presented by the owners. He stated that
the CYC had the right to request a variance or an exception from
the Merger Ordinance and/or could ask the Town to amend or modify
its Merger Ordinance or seek review in the courts of the Town's
determination that the subject properties had merged. The Deputy
Town Attorney stated he had read Koberle's letter and did not
deem the points made therein relevant as to whether the criteria
set forth in Tiburon's Merger Ordinance had been satisified and
further didn't believe that the points contained in Koberle's
letter indicated that the Town should not record the merger
notice on December 30, 1983.
David N. and Marilyn Sederquist - A.P. #39-171-17 and 18 -
Hacienda Drive
The Deputy Town Attorney referred to a letter dated December 8,
1983 from Robert G. Schuchardt, attorney for the Sederquists, and
the Town's response thereto dated December 14, 1983, both of
which were in the Council's packet. Mr. Schuchardt replied to
the Deputy Town Attorney's December 14 letter by letter dated
December 16, 1983, which included several attachments. The
December 16 communication from the Sederquists and its
attachments were made available to the Council prior to the
meeting and had been reviewed by them as well as by the Town
Attorney's office. The Deputy Town Attorney advised the Council
that Mr. Schuchardt indicated in his letter of December 14 that
he did not intend to attend tonight's hearing.
The Deputy Town Attorney stated he had reviewed the points set
forth in the attachment to Schuchardt's December 16, 1983 letter,
with the Town Attorney, and that they did not find any of the
points contained in the communication of December 16 relevant to
any legal point in regard to whether or not the Sederquist
parcels had met and fulfilled the criteria set forth in Tiburon
Municipal Code 14.72 concerning the subject of merger. The
Deputy Town Attorney advised that in his opinion the Sederquist
parcels met all of the criteria for merger under Tiburon's Merger
Ordinance, and further pointed out that the Sederquists' attorney
had been advised that, for purposes of tonight's hearing and the
subject of merger only, the Town was assuming that there were two
parcels and that these were legally created. It was the Town
Attorney's recommendation that the notice of merger of the
Sederquist parcels be recorded, as the parcels met all of the
requirements contained in the Tiburon Merger Ordinance; and
further advised that the merger of these contiguous parcels was
not affected by the fact that a Parcel Map may have been recorded
on the property, since the Town's Merger Ordinance reads in
pertinent part as follows: ..."... notwithstanding any
other ordinances or regulations to the contrary, and
notwithstanding the fact that such lots may have been legal when
created. . .".
TOWN COUNCIL MINUTES #643
December 19, 1983
Page 4
There were no representatives for the Sederquists present at the
hearing.
Jim Malott and Phil Richardson, Greenwood Beach Road, Objected to
the merger of their parcels. They raised questions regarding two
zones for one lot; consideration of the tidelot for development
purposes, and whether there were any legal implications that
would be harmful to property owners. The Deputy Town Attorney
responded that it would be impossible to develop the tidal lot at
the present; that the tidal lot had probably been considered in
computing total parcel size at the time of development of the
property; that there would be no implications for set-backs on
the property as a result of the merger. The Deputy Town Attorney
stated he did not feel that recordation of the merger notice
would increase real property taxes on the parcels, but suggested
that owners contact the Marin County Assessor's Office should
they have a concern in that regard.
Mr. Malott stated he strenuously Objected to the filing of a
Notice of Merger in connection with his property.
Mr. Malott stated there were benefits in having separate parcels
and there was potential harm to owners of the property in joining
them. The Deputy Town Attorney stated he could not address
himself to Mr. Malott's arguments since they did not apply to the
technical requirements of the merger, and that Mr. Malott's
arguments were addressed to policy considerations and not to
whether or not the properties involved had merged as a matter of
law under the provisions of Tiburon's Merger Ordinance.
Mr. Richardson questioned the P zone designation for the tidal
lots and the Director of Community Development responded t~at the
use remained the same for all P zone lots. Mr. Richardson also
questioned why the recordation had to take place at this time, to
which the Deputy Town Attorney responded that AB 2010 requires
the Town to record a Notice of Merger document on such properties
prior to January I, 1984.
Mr. Malott asked if there were any implication that the
boundaries between the land lot or tide lot would be changed due
to erosion caused by storms during the past few years. The
Deputy Town Attorney stated the boundaries were recorded on the
map and it was his opinion that the boundaries would not be
affected by the merger.
The Mayor closed the public hearing.
MOTION: That Staff record a Notice of Merger on this matter on
December 30, 1983. "This matter" meant to include all
of the lots listed by Staff subject to corrections made
orally and by the December 19, 1983 memoranda, Revision
to proposed Notices of Merger; provided that the Staff
shall review the evidence presented here tonight and any
supplemental evidence that the property owners may wish
to present to the Staff prior to December 27, 1983, and
if upon further review by the Staff it is persuaded that
the p~rcels have not merged, then the Staff, without
Council action, is authorized not to record the Notice
of Merger.
Moved: Spratling, Seconded by Rockey
Vote: AYES: Unanimous
TOWN COUNCIL MINUTES #643
December 19, 1983
Page 5
2. SOUTHERN PACIFIC FINAL MAP (Status Report by Director of
Community Development
The Director of Community Development reviewed his Staff report
which outlined a new schedule for review of the subdivision
agreement and the development agreement. This new time schedule
would provide adequate time for the Town Attorney and the
Planning Commission to review these agreements and make their
recommendations to the Town Council. It was suggested that the
Town Council consider setting an extra meeting date in January if
the Council is agreeable to the Southern Pacific timetable.
G. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Spratling adjourned the meeting at 9:00 P.M., to
7:30 P.M., Monday, January 9, 1984 for a Joint Parks and Open
Space Commission Workshop meeting.
~~~~
Town 0 Tlburon
ATTEST:
TOWN COUNCIL MINUTES #643
December 19, 1983
Page 6
MINUTES
TOWN COUNCIL
CALL TO ORDER
Mayor Spratling called the regular meeting of the Town Council of
the Town of Tiburon to-order at 7:50 PM, Wednesday, December 7,
1983, in the Hilarita Community Room, Tiburon, California.
A. ROLL CALL
PRESENT: COUNCILMEMBERS: BERGMANN, EDLESTEIN, ROCKEY, SMITH
SPRATLING
ABSENT: COUNCILMEMBERS: NONE
EX-OFFICIO: Town Manager Kleinert, Director of
Community Development Hanna, Associate
Planner Walsh, Deputy Town Attorney
Ragghianti, Town Engineer Bala, Chief
of Police Bailey, Minutes Clerk
Hennessy
B. APPROVAL OF MINUTES
#639, November 16, 1983
Town Manager Kleinert asked Council to review the motion on ,Page
3, Item 7, ORDER TO SHOW CAUSE (Tree Complaint at 7
Heathcliff). He said there had been discussion regarding the
removal of the trees and wanted to be certain that the motion had
been recorded correctly. Mayor Spratling stated that to his
recollection the motion had been recorded correctly; that it was
true that the discussion of the Council that night was that those
trees were inappropriate and that probably the best idea was to
remove the trees, but in wording the motion he advisedly used the
word "cut" because he believed if the tree owner cut the trees,
the tree owner would have satisfied all the requirements of the
tree ordinance and that the Town could not require him to go
further. Mayor Spratling asked that the minutes of this meeting
reflect that it was the sense of the Council that they should be
removed. Mr. Kleinert stated that the Ordinance deals with view
obstruction and that Mr. Sanborn had cut all but one tree to a
level of approximately one foot above the fence; that in essence
the view had been restored. The Town Attorney stated that they
had not filed suit and since the trees had been cut, which
satisfied the spirit of the tree ordinance and the view from the
plaintiff's property had been restored, it does not appear the
suit would be filed. The Town Manager recommended direction be
given to to Mr. Sanborn, through his attorney, that the Council
would like to have the one tree cut and the Town would like some
agreement that the trees would be maintained at that level. The
Mayor directed Staff to contact the property owner and indicate
that we are deferring any further action based on Mr. Sanborn's
cooperation and that the trees be cut rather than removed, but
that the trees be maintained at the fence level, such action and
agreement to take place before December 19, 1983.
MOTION:
Moved:
Vote:
To approve Minutes #639, November 16, 1983 as submitted.
Smith, Seconded by Bergmann
AYES: Unanimous
#640, November 21, 1983
Page 3, 4th paragraph, fifth line: delete "we" insert "it";
delete "them" insert "said powers".
TOWN COUNCIL MINUTES #642
December 7, 1983
Page 1
Page 3, 7th paragraph, 3rd and 4th lines should read: ...no
discussion that each or any of those subjects were to be
conditions of sale, nor was there an ...
Page 3, 7th paragraph, 12th line, insert "a condition to" at the
end of the line.
Page 4, continuation of paragraph from previous page, should
read:
"parking on the area adjacent to the marsh." Mayor Spratling
stated that at the meeting ~we were advised that the Club
anticipated expanding onto the marsh. We responded that the Town
would obviously consider an application for such expansion, but
if the language of the letter "to receive consideration" implies
to receive favorable consideration, no such agreement was
reached. And if it just means that we would consider that in the
normal course as we would any planning matter, then Mayor
Spratling stated he is not sure why it's there. Mayor Spratling
stated that in any event he wanted to make the record clear that
as far as his recollection, there was no discussion by the Town
representatives as to any prejudgement as to giving a favorable
consideration to any expansion plans. Executive Director/Town
Manager Kleinert concurred with Chairman/Mayor Spratling's
recollection of the meeting discussion concerning the TPC
matter."
Page 5, Item 10, 2nd paragraph after Motions, last line should
read: ...Club had been present during the discussion of the TPC
letter and asked them to acknowledge their presence during the
discussion which Ms. Kennedy did by saying yes and Ms. Mathews
did by an affirmative nod of her head.
MOTION:
Moved:
Vote:
To approve Minutes #640, November 21, 1983 as amended.
Rockey, Seconded by Bergmann
AYES: Unanimous
Minutes #641, November 28, 1983
MOTION:
Moved:
Vote:
To approve Minutes #641, November 28, 1983 as submitted.
Smith, Seconded by Rockey
AYES: Unanimous
C.
APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES
There were none.
D. COMMISSION AND COMMITTEE ORAL REPORTS
Former Mayor Branwe1l Fanning gave a status report on the
Centennial Celebration Committee's preparation for 1984's
anniversary activities. He stated that former Mayor Denis Rice
is Chairman of a Book Committee, which is working on a 100 page
book tracing the history of Tiburon through the eyes of the
railroad which started operating in Tiburon in April 1884. The
Centennial Commi,ttee was planning on opening celebrations on
Saturday April 27, Sunday being Opening Day on the Bay. Former
Mayor George Ellman was in charge of fireworks for this evening,
weather permitting. Former Mayor Bruce Ross was organizing a
Town Parade and picnic for Saturday, May 19. The Committee was
planning a large gala the weekend of June 23 and is making
arrangement to rent a tent. The tent would be used for events
the previous week, including performances by the Marin Symphony,
Tiburon's Men's and Women's Chorus, etc. Mr. Fanning showed the
Council a design done by former Mayor Bill Bremer of a railroad
engine which will be used on souvenirs. Mr. Fanning stated that
the Committee had not spent any Town funds during this
preparation period. Mayor Spratling thanked former Mayor Fanning
for the report and recognized how difficult it is to coordinate
this and to get to the fever pitch as far ahead as you must with
all the lead time involved and the Town appreciated it.
TOWN COUNCIL MINUTES #642
December 7, 1983
Page 2
E. PUBLIC QUESTIONS AND COMMENTS
Town Manager Kleinert presented Tiburon Boy Scout Troop #9 and
Scout Master Ron Kosciusko. Mr. Kleinert stated Troop 9 recently
participated in the Richardson Bay shoreline clean-up and had
also been a tremendous help during the storm the previous weekend
in helping evacuate people and filling sandbags. Troop 9 is also
planning in the Spring to install steps at the top of the Knoll
and will attempt to remove the old boat near pine Terrace. The
Council commended the work of the Troop and Mayor Spratling
stated it was their example of selfless dedication to the
community that inspires others and thanked them very much.
Mary Terrell, Lower North Terrace, suggested the Town have a
Certificate of Appreciation to be awarded to these Scouts and
others who make contributions to the Town.
Town Manager Kleinert notified the Council that the
Belvedere/Tiburon Rotary Club had recently donated $200 to the
Town to defray costs of the mailing of the Tiburon Emergency
Disaster Plan and Informational Survey to each Tiburon
household. The Mayor expressed the Town's appreciation for their
generosity.
F. CONSENT CALENDAR
Items Nos. 9, 11 and 12 were moved to the Consent Calendar.
MOTION: To approve the Consent Calendar consisting of:
1. FINANCE REPORT (October)
2. ENCROACHMENT PERMIT - (Subdrain 6 Mateo Dr.)
3. CONSULTANT'S AGREEMENT FOR ZONING ORDINANCE
REVISIONS (Staff Recommends Agreement)
4. MARIN/SONOMA MOSQUITO ABATEMENT DISTRICT
(Reappointment of Don Batten)
5. RESOLUTIONS OF APPRECIATION
a. Corinthian Yacht Club, Resolution No. 2174
b. Mill Valley Refuse Company, Resolution No. 2175
6. 1982-83 AUDIT REPORT AND RECOMMENDATIONS (Receipt of
Management's Letter)
9. APPEAL OF BAR DECISION (280 Roundhill Road)
ll. ORDER TO SHOW CAUSE (Slide Repair - 175 Stewart Dr.)
12. ONE-WAY TRAFFIC PROPOSAL FOR DOWNTOWN MAIN STREET
(Consideration of Chamber of Commerce Request)
MOVED: Rockey, Seconded by Smith
Vote: AYES: Unanimous
G. PUBLIC HEARINGS & BUSINESS ITEMS
7. PREZONING OF RING MOUNTAIN (Ordinance, 2nd Reading)
Council waived reading of the Staff report.
The Mayor opened the public hearing. There being no comments,
the Mayor closed the public hearing.
The Mayor noted 'the last paragraph of the Staff report which
stated that the two areas presently undeveloped and receiving
access from Paradise Drive are simply prezoned, and there is no
presumption that any development will be put on those properties;
that by action of the Council taken this evening, there is no
actual nor implied development rights being granted with respect
to these properties as a result of this prezoning. Council
agreed.
MOTION:
Moved:
Vote:
To read by title only.
Smith, Seconded by Bergmann
AYES: Unanimous
TOWN COUNCIL MINUTES #642
December 7, 1983
Page 3
The Mayor read AN ORDINANCE OF THE TIBURON TOWN COUNCIL PREZONING
TO RPD-I AND RPD-2 (PLANNED SINGLE FAMILY RESIDENTAIL) ZONING
DISTRICTS AND RO-I (RESIDENTIAL OPEN ZONE) FOR THE RING MOUNTAIN
DEVELOPMENT.
MOVED:
VOTE:
To pass
No. 280
Rockey,
AYES:
NOES:
ABSENT:
2nd reading and adopt
N.S.
Seconded by Bergmann
Bergmann, Edelstein,
None
None
aforementioned Ordinance
MOTION:
Rockey, Smith, Spratling
The Mayor introduced a Resolution to set the standards for
adopting a development agreement for the Ring Mountain Project, a
continued item not specifically designated on the agenda.
In response to Councilman Rockey, the Director of Community
Development stated that the Planning Commission would make
certain findings and recommendation to the Town Council. The
Development Agreement must be adopted by Ordinance of the Town
Council.
The Mayor opened the public hearing. There being no comments,
the Mayor closed the public hearing.
The Town Attorney recommended adoption of the Resolution; he
stated it was in conformance with State law; that it was a
prerequisite if the Town wants to enter into a Development
Agreement.
MOTION: To adopt Resolution No 2176 setting standards for
adoption of a development agreement.
Moved: Rockey, Seconded by Bergmann
Vote: AYES: Unanimous
8. SECOND UNIT ORDINANCE (Ordinance, lst Reading)
Associate Planner Walsh reviewed the Staff report. Ms. Walsh
explained that there had been considerable discussion regarding
the definition of "residence", and the Town Attorney had
recommended using the IRS definition which states "the place
where a person resides most of the time". Staff asked Council
for their recommendation. The Council agreed with the IRS
definition.
The Mayor opened the public hearing.
Bryon Chapman, representing the Tiburon Ecumenical Association,
complimented the Staff and Town Council for their efforts and
stated they supported every aspect of the proposed ordinance with
the exception of parking. They recommended that the parking
requirement be reversed and only one parking space be required
and make it possible for the Planning Commission to stipulate
more than one where conditions require it.
Mary Terrell, 5~ Lower North Terrace, suggested the ordinance
refer to the mandate of State law to require second units.
Ann Ross, 16 Reed Ranch Road, suggested the ordinance have a
neutral approach rather than positive or negative.
Jan Sheets, Borell Court, supported the requirement for two
parking spaces allowing for discretion of the Planning Commission
to make exceptions.
The Council reviewed the proposed ordinance by Sections. The
minutes will reflect deletions with a slash and additions in
capital letters.
TOWN COUNCIL MINUTES #642
December 7, 1983
Page 4
A. Findinqs
1. The Town Council of the Town of Tiburon finds that the
controlled development of second units will i~nt~i~ ~jt~ t~i
~i~jii~ ~a~ii i~aiaitii ~t tj~~i~n' ini~anii t~i ~~atjtt ~t t~i
t~~~ an~ help provide for housing needs of all economic segments
of the community. Reasonable regulations need to be established
to provide standards, and to plan for the improvement of housing
and for the provision of adequate sites for housing, including
second units. Establishing AND REGULATING second units is a
means of preserving a stable, heterogeneous community with a
balanced social and economic mix.
2. The Town Council of the Town of Tiburon finds that the
passage of Senate Bills 1160 and 1534 ~a$ ii~~jii~ REQUIRES all
jurisdictions in the State to consider a means t~ ~i~~j~i
OF PROVIDING new housing opportunities to shelter California's
population, including BUT NOT LIMITED TO the elderly,
handicapped, Town employees, long-term residents, and single
parent households.
3. THE TOWN COUNCIL OF THE TOWN OF TIBURON FINDS the General
Plan t~i t~i t~~n ~t tj~~i~n encourages housing opportunities for
all segments of the population.
4. ...subject to established criteria contained HEREIN. jn t~i
t~tt~~jn~ ~i~jnanii'
B. DEFINITIONS
An attached or detached additional dwelling unit on a single
family lot which provides i~~~titi independent living facili.ties
for not more than 3 persons, and which has kitchen/cooking,
sleeping AND sanitation facilities on .....
a. The revision of a single family dwelling unit so as to
establish INDEPENDENT LIVING FACILITIES i~~~jn~ taiitjtji~ not
shared in common.
/
,-;'
3. Owner of Record:
The iii~i~ owner OF RECORD is defined as the iii~i~ owner of at
least 50 percent interest in the subject real property.
1. Use Permit
...Ordinance without payment of a $t,~~~ $500 late application
penalty fee, unless the Planning Commission finds that good cause
existed for the ownerY~ OF RECORD'S failure to apply within the
time limit specified herein.
2. Applications for Use Permits - Application for a Use Permit
shall be made by the owner OF RECORD in writing to the...
d. The floor ~~aii AREA of the second unit.
i. Signature of the property owner OF RECORD under penalty...
j. A description and location of ~atii tjni~ in~ sanitary
facilities.
k. A signed statement from the applicant that the i~ntjg~~~~
IMMEDIATE, ADJACENT property owners...
E. Grant of Use Permits - Required Findinqs:
3. The second unit meets the current ~~~it BUILDING Codes
adopted by the Town.
5. ...with existing privacy OR VIEWS of NEIGHBORING homeowners.
TOWN COUNCIL MINUTES #642
December 7, 1983
P ag e 5
8. ...this section, based ~~ UPON the terrain of the site, OR
OTHER GOOD CAUSE. jt tjn~jn~ ~fJ ~t $iitj~n t iin ~i ~it'
10. PRINCIPAL access to the...or on appeal t~ the Town
Council...would not REASONABLY permit such separate entrance to
the proposed second unit.
ll. ...The Planning Commission OR ON APPEAL THE TOWN COUNCIL may
make an exception to this requirement if circumstances of the
individual case warrant and EACH OF following findings can be
made by the Planning Commission: Next paragraph moved to the end
of the four findings. tin~jng$i
c. i~ ii~~jii t~i ADHERENCE TO THE REQUIREMENT OF two additional
non-tandem spaces would create more of a disturbance to the
neighborhood and surrounding environment THAN AN EXCEPTION.
Councilman Edelstein noted that the Zoning Ordinance doesn't
address the problem of excessive paving, and suggested that half
of the required parking spaces should be of compact size.
Director of Community Development Hanna stated that in commercial
lots Staff recommends that 50% of them be compact size.
Council agreed that two of the parking spaces, out of the four
required, could be less than the standard parking space required
by the Zoning Ordinance. The Mayor directed Staff in applying
this ordinance it should use the same standards with respect to
commercial spaces and allow fifty percent of the spaces to be
compact cars.
2. Applications for Use Permits
...may be made only by the owner OF RECORD in writing...
L. Recordinq of Use Permits
...of this Ordinance ~at SHALL be recorded in the County...
M. Yearly Update
...the Use Permit shall expire AND THE SECOND UNIT SHALL BE
VACATED FORTHWITH.
N. Reportinq of Violations
The last sentence in this paragraph rewritten to read:
THE DIRECTOR OF COMMUNITY DEVELOPMENT OR HIS DESIGNEE SHALL
INVESTIGATE AND ISSUE A WRITTEN REPORT TO THE COMPLAINANT, W~THIN
THIRTY (30) DAYS FROM THE DATE OF THE ISSUANCE OF THE NOTICE,
OUTLINING THE CURRENT STATUS OF ANY ALLEGED ILLEGAL SECOND
DWELLING UNIT AND THE STEPS, IF NECESSARY, THAT HAVE BEEN
REQUESTED OF THE OWNER OF RECORD TO REMEDY THE SITUATION.
The Mayor closed the public hearing.
MOTION:
Moved:
Vote:
To read'by title only.
Rockey, Seconded by Smith
AYES: Unanimous
The Mayor read AN ORDINANCE OF THE TOWN OF TIBURON AMENDING
ORDINANCE NO. 9 N.S. PROVIDING FOR THE ESTABLISHMENT AND
REGULATION OF SECONDARY DWELLING UNITS.
MOTION:
Moved:
Vote:
To pass lst reading of the aforementioned ordinance.
Smith, Seconded by Bergmann
AYES: Bergmann, Edelstein, Rockey, Smith, Spratling
NOES: None
ABSENT: None
TOWN COUNCIL MINUTES #642
December 7, 1983
Page 6
Mayor Spratling again thanked the Ad Hoc Committee for their
efforts in helping the Council, and stated he felt the Town had a
much better ordinance as a result of their efforts.
10. ORDER TO SHOW CAUSE (Illegal Unit - 4 McCart Court)
Associate Planner Walsh gave the Staff report which recommended
if abatement appears appropriate, that the entire area currently
utilized as the kitchen area be removed, including removing the
220 outlet for the stove. Ms. Walsh stated that it was Staff's
opinion that an illegal unit had been re-established.
The Mayor opened the public hearing.
Mr. James Murray, representing the Robert Chan, owners of 4
McCart Court, stated he thought the Staff report was essentially
fair and that the Chans did want to apply for a Use Permit to
make this second unit legal under the proposed Second unit
Ordinance. Mr. Murray requested that the Council postpone
adopting the proposed Resolution until the time comes when
applications may be filed for the legal second unit, or consider
adding a phrase at the end of the NOW, THEREFORE, clause ..."or
upon the date an application under the second unit ordinance is
denied provided the owner properly applies for second unit
status".
Mrs. Edna Mitchel, 1 McCart Court, read a prepared statement and
noted that this illegal second unit had never been owner
occupied.
\
\
\
The Town Manager stated the Council had received copies of her
November 30 letter regarding the background of this property.
Ann Ross asked Mr. Murray if the Chans understood all the
requirements of the second unit ordinance, to which Mr. Murray
responded that they did.
The Mayor closed the public hearing.
Councilman Rockey asked Ms. Walsh to respond to allegations made
in Mrs. Mitchell's letter regarding the property being unkept,
public nuisance, and noise associated with this property.
Ms. Walsh stated that the landscaping is not what you would
expect, and the outside of the house needed some cosmetic help;
there appears to be sufficient parking and no cars were parked on
the street the morning she made her inspection, there's a
separate entrance, sufficient square footage, and she agreed with
Mrs. Mitchell that there is definitely a second unit.
Discussion followed regarding amending the resolution to include
Mr. Murray's suggested amendment to the resolution.
The Mayor stated if the Chans applied for and secured a second
unit use permit it will void this resolution. The Town Attorney
agreed.
,
Mr. Murray suggested if the application for a use permit was in
process immediately and for some reason the use permit was not
granted, it would be understood that they could return to the
Council and explain or ask for an amendment to this resolution so
that the date of February 7 could be deferred to a reasonable
time. The Town Attorney stated he did not intend to file a law
suit on February 8 unless the Council directs us to do so.
Mrs. Mitchell stated she didn't understand how a unit can be
abated, rerented and somebody can give false statements on the
Statement of Zoning Compliance that she is Mrs. Robert Chan and
that there's no cooking in that unit when it is flaggrantly done;
that there are two people living there and this fact was being
ignored.
TOWN COUNCIL MINUTES #642
December 7, 1983
Page 7
The Mayor stated the Town Council was taking action as quickly as
possible in regard to the conditon of the premises; that with
respect to the statements, they were not recorded and not subject
to perjury. Ms. Walsh stated the name of Mrs. Robert Chan was
typed and was signed as Mrs. S. Chan on the Statement of Zoning
Compliance. This statement had not been recorded because
subsequent to recieving it, the Town started these proceedings.
MOTION: To adopt Resolution No. 2177 authorizing the abatement
of the alleged second unit.
Moved: Smith, Seconded by Edelstein
Vote: AYES: Unanimous
13. SALES TAX ORDINANCE AMENDMENT (Waterborne Vessels Exemption
- Urgency Ordinance)
Council waived Staff report.
Town Manager Kleinert stated this was an urgency sales tax
ordinance and required a 4/Sth vote of the Council.
MOTION:
Moved:
Vote:
To read by title only.
Smith, Seconded by Bergmann
AYES: Unanimous
The Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON AMENDING ORDINANCE NO. II IMPOSING A SALES AND USE TAX TO
BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION
MOTION:
Moved:
Vote:
To adopt the aforementioned Urgency Ordinance No. 281
Bergmann, Seconded by Rockey .
AYES: Bergmann, Edelstein, Rockey, Smith, Spratling
NOES: None
ABSENT: None
14. ADOPTION OF 1982 UNIFORM BUILING CODE AND FEES
(Ordinance, lst Reading, Resolution)
Director of Community Development Hanna gave the Staff report.
Mr. Hanna explained that the 20% increase was deemed acceptable
by the Building Inspector; that the County had raised their fees
30-40%.
The Mayor opened the public hearing. There being no comments,
the Mayor closed the public hearing.
MOTION:
Moved:
Vote:
To read by title only.
Smith, Seconded by Bergmann
AYES: Unanimous
The Mayor read AN ORDINANCE OF THE TOWN OF TIBURON AMENDING
CERTAIN SECTIONS OF CHAPTER 13 OF THE TIBURON MUNICIPAL CODE
RELATIVE TO THE ADOPTION BY REFERENCE OF THE 1982 EDITIONS OF THE
UNIFORM BUILDING CODE, THE 1982 UNIFORM BUILDING STANDARDS, THE
1982 UNIFORM MEqHANICAL CODE, THE 1982 UNIFORM PLUMBING CODE, THE
1982 UNIFORM HOUSING CODE, THE 1982 UNIFORM FIRE CODE AND THE
1981 NATIONAL ELECTRICAL CODE.
MOTION:
Moved:
Vote:
To pass 1st reading of the aforementioned ordinance.
Edelstein, Seconded by Bergmann
AYES: Bergmann, Edelstein, Rockey, Smith, Spratling
NOES: None
ABSENT: None
In response to Councilman Edelstein, the Director of Community
Development stated that the building fees has not been raised for
five years.
TOWN COUNCIL MINUTES #642
December 7, 1983
Page 8
MOTION: To adopt Resolution No. 2178 establishing fees for
building permits and plan checks.
Moved: Spratling, Seconded by Smith
Vote: AYES: Unanimous
15. SOUTHERN PACIFIC DOWNTOWN DEVELOPMENT
(Final Map Status Report)
The Director of Community Development presented the Council with
a four page memorandum outlining items needed to be completed
before the filing of the Final Map. Mr. Calkins stated that most
of these documents can be referenced in compliance with the
ordinance in the subdivision agreement where the Town would not
be at risk.
There was considerable discussion regarding completing the
necessary work before December 31, 1983. Mr. Calkins stated that
the prospective buyer of the property, Innisfree Companies,
needed the final map recorded by the end of the year to satisfy
his financial backers, and to avoid building code changes
effective January 1, 1984. The Town Attorney requested that all
documents be given to the Town Staff by December 14, 1983 for
review. Mr. Bill ziegler, Innisfree Companies, stated he would
contact Town Attorney Conn. Ms. Margaret Fletcher stated she did
not believe Innisfree's financial backers need be present at the
next meeting.
J. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Spratling adjourned the meeting at 11:4S P.M., to
Monday, December 19, 1983 at 7:30 P.M. for public hearing
concerning substandard lot mergers.
TOWN COUNCIL MINUTES #642
December 7, 1983
Page 9
MINUTES
ADJOURNED
TOWN COUNCIL
CALL TO ORDER
Mayor Spratling called the regular adjourned meeting of the Town
Council of the Town of Tiburon to order at 7:40 PM, Monday,
November 28, 1983, in the Hilarita Community Room, Tiburon,
California.
A. ROLL CALL
PRESENT: COUNCILMEMBERS: Bergmann, Edelstein, Rockey, Smith
Spratling
ABSENT: COUNCILMEMBERS: None
EX-OFFICIO:
Town Manager Kleinert, Director of
Community Development Hanna, Director
of Finance Nadritch
B. PUBLIC QUESTIONS AND COMMENTS
There were none.
C. PUBLIC HEARINGS & BUSINESS ITEMS
1. ADOPT REDEVELOPMENT PLAN AND MAKE NECESSSRY FINDINGS
Ordinance, 2nd Reading
Council agreed to waive Staff Report on this item.
The Mayor opened the public hearing. There being no comments,
the public hearing was closed.
MOTION:
Moved:
Vote:
To read by title only.
Bergmann, Seconded by Smith
AYES: Unanimous
The Mayor read AN ORDINANCE APPROVING AND ADOPTING THE
REDEVELOPMENT PLAN FOR THE TIBURON REDEVELOPMENT PROJECT AREA AND
MAKING CERTAIN FINDINGS PURSUANT TO THE COMMUNITY REDEVELOPMENT
LAW OF THE STATE OF CALIFORNIA.
MOTION:
Moved:
Vote:
To approve second reading and adoption of the
aforementioned ordinance.
Smith, Seconded by Bergmann
AYES: Bergmann, Edelstein, Rockey, Smith,
Spratling
NOES: None
ABSENT: None
2. RING MOUNTAIN - TO ESTABLISH PROCEDURES FOR ADOPTION OF
DEVELOPMENT AGREEMENT (Resolution)
The Council was given a copy of this draft Resolution for their
consideration and the item was continued to the December 7, 1983
regular Town Council meeting.
Town Manager Kleinert stated that Town Staff and the Town
Attorney were still working on the proposed Ring Mountain
Development Agreement and it would be ready for Council's
consideration the first meeting in January. Mr. Richard Coombs,
Ring Mountain, Inc. had been so advised and that time schedule is
acceptable to them.
TOWN COUNCIL MINUTES #641
November 28, 1983
Page 1
MERGED LOTS
The Town Manager stated that the Town has adopted an ordinance
merging substandard lots with adjacent property. The current
State Legislature has now provided that property owners must be
notified before December 31, 1983 to afford them a public hearing
on these mergers; that if this hearing is not held, lots are not
considered merged.
Council set Monday, December 19, 1983 as the next Council meeting
for the purpose of conducting a public hearing on merging of
substandard lots.
D. ADJOURNMEHT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Spratling adjourned the meeting at 8:00 p.m., sine
die.
R.
TOWN COUNCIL MINUTES #641
November 28, 1983
Page 2
MINUTES
JOINT TOWN COUNCIL AND
REDEVELOPMENT AGENCY MEETING
CALL TO ORDER -
Chairman/Mayor Spratling called the Joint meeting of the Town
Council of the Town of Tiburon and the Tiburon Redevelopment
Agency to order at 7:40 P.M., Monday, November 21, 1983, in the
Hi1arita Community Room, Tiburon, California.
A. ROLL CALL - TOWN COUNCIL
PRESENT: COUNCILMEMBERS: Bergmann, Rockey, Smith, Spratling
Edelstein (7:52 p.m.)
ABSENT: COUNCILMEMBERS: None
EX-OFFICIO: Town Manager Kleinert, Director of
Community Development Hanna, Town
Engineer Ba1a, Director of Finance
Nadritch, Minutes Clerk Hennessy
B. ROLL CALL .... REDEVELOPMENT AGENCY
PRESENT:
MEMBERS: Bergmann, Rockey, Smith, Spratling
Edelstein (7:52 p.m.)
ABSENT:
MEMBERS: None
EX-OFFICIO: Executive Director Kleinert, Planning
Director Hanna, Redevelopment Counsel
Nagle, Town Engineer Ba1a, Director of
Finance Nadritch, Minutes Clerk
Hennessy
c. APPROVAL OF REDEVELOPMENT AGENCY MINUTES
#6, November 2, 1983
MOTION:
Moved:
Vote:
To approve Minutes #6, November 2, 1983 as submitted.
Rockey, Seconded by Smith
AYES: Bergmann, Rockey, Smith
ABSENT: Edelstein
ABSTAIN: Spratling
#7, November 16, 1983
MOTION:
Moved:
Vote:
To approve Minutes #7, November 16, 1983 as submitted.
Smith, Seconded by Rockey
AYES: Bergmann, Rockey, Smith, Spratling
ABSENT: Edelstein
G. PUBLIC HEARING & BUSINESS ITEMS
1. PURPOSE OF JOINT MEETING AND OPENING OF PUBLIC HEARING
(Mayor/Chairman Spratling)
Mayor/Chairman Spratling stated that the purpose of the meeting
was to adopt the Tiburon Redevelopment Plan and the Environmental
Impact Report prepared on that Plan. He explained that the
Agency and Town Council were comprised of the same individuals,
and they would be exercising both of their authorities for the
purpose of conducting this meeting. He also explained that this
evening's meeting was a quasi-judicial proceeding; that there was
a Court Reporter present and all those testifying would be sworn
JOINT TOWN COUNCIL/REDEVELOPMENT AGENCY
MINUTES #640 /MINUTES #8 NOVEMBER 21, 1983
PAGE 1
in by the Town Clerk. There would be an opportunity for cross-
examination with questions directed through the Chairman of the
Agency.
2. STAFF PRESENTATION (Executive Director Kleinert)
Assistant Town Clerk Hennessy swore in Executive Director
Kleinert.
Executive Director Kleinert gave the background of the
Redevelopment Project Area, the Goals and Objectives of the Plan,
Steps Already Taken by the~ Redevelopment Agency, Existing
Conditions of Blight in the Project Area, Specific Activities of
the Redevelopment Plan, the Method of Acquiring Property within
the Project Area, the Land Use within the Project Area and the
proposed Financing of the Plan.
Councilman/Member Edelstein arrived at 7:52 p.m.
There were no questions of the Executive Director.
3. PLANNING COMMISSION REPORT AND RECOMMENDATIONS
(Planning Director Hanna)
Town Clerk Kleinert swore in Planning Director Hanna.
Planning Director Hanna stated that the Planning Commission had
received the Redevelopment Plan and EIR and after conducting
public hearings regarding both the Plan and the EIR, the Planning
Commission adopted Resolution No. 374 which recommended that the
Plan be certified.
There were no questions of the Planning Director.
4. SPECIAL REDEVELOPMENT COUNSEL REMARKS (J. Nagle)
Town Clerk Kleinert swore in John Nagle.
Mr. Nagle explained that he was special counsel for the
Redevelopment Plan to both the Town Council and the Redevelopment
Agency; that formal procedures need to be followed and the public
be given an opportunity to be involved in the adoption of the
Plan; that the Redevelopment Plan, the Report on the Plan and the
Environmental Impact Report had been submitted to the Council on
November 2 and had been made available to the public.
He requested that the Plan, the Report on the Plan, the EIR and
all information submitted by Staff including the Staff Report on
the EIR findings, dated November 14, 1983, be made part of this
hearing of record.
Each property owner within the Project Area received by certified
mail, return receipt requested, a notice of this public
hearing. In addition the public hearing notice was published in
the Ark, a newspaper of general circulation designated by the
Agency once a week for five successive weeks prior to this
hearing. He had submitted to the Assistant Town Clerk the
Affidavit of Publication and the Declaration of Mailing and
requested that they be made a part of this hearing.
He explained to the Agency/Council the actions they were to
consider this evening; which consisted of consideration and
adopting two Council Resolutions; two Redevelopment Agency
Resolutions and passing first reading of the Ordinance. He
explained some of the major findings in the Ordinance.
There were no questions of the Redevelopment Counsel.
JOINT TOWN COUNCIL/REDEVELOPMENT AGENCY
MINUTES #640 /MINUTES #8 NOVEMBER 21, 1983
PAGE 2
5~ COMMUNICATIONS & CORRESPONDENCE RELATED TO REDEVELOPMENT
PLAN AND REPORT ON THE PLAN
Chairman/Mayor Spratling explained that there were a number of
communications which are already part of the record, either
included in the EIR or in the files of the Redevelopment
Agency. He pointed out that two communications had been received
this date and were to be a part of the record. One such document
was a letter from the Marin County Counsel to John Nagle, dated,
November 17, 1983 regarding the Redevelopment Fiscal Agreement.
The Chairman/Mayor read the letter in its entirety. The second
communication was addressed to Chairman Spratling and Members
from ~Vi11iam T. Bullard, Jr, Bullard & paganucci, dated November
21, 1983 on behalf of the Tiburon Peninsula Club. The
Chairman/Mayor read the letter in its entirety.
Executive Director Kleinert reported two additional pieces of
correspondence had been received at Town Hall. One was from
Michael Mitchell, Auditor-Controller of Marin County, dated,
November 17, 1983 regarding a report of the Fiscal Review
Committee. Mr. Kleinert read the letter in its entirety. The
second letter had been received from Gary Deghi, Project Manager,
Earth Metrics, Inc., EIR consultants, dated November 21, 1983
regarding the Staff Report to the Town Council. Mr. Kleinert
read the letter in its entirety.
Special Counsel Nagle ruled that the Councilmen's oaths of office
sufficed and they need not be sworn in.
Chairman/Mayor Spratling commented on Mr. Bullard's letter and
stated he wanted to make it clear that he and Mr. Kleinert had
assured the TPC that the Town would not exercise the Agency's
eminent domain powers with regard to the TPC property and not
that it would not exercise said powers anywhere within the
Redevelopment Agency area. It was not our intention to waive
Section 16 of the Ordinance which is before the Council to be
passed tonight. Mr. Kleinert agreed with Chairman/Mayor
Spratling's comments.
Chairman/Mayor Spratling also commented on the third paragraph of
the letter which he believed was a substantial overstatement of
what was discussed and What understandings were reached at the
meeting between the TPC and the Agency. Chairman/Mayor Spratling
read the third paragraph in its entirety:
"Furthermore, it was understood during the course of our
discussion that reasonable conditions of sale may be imposed: a
soils study to determine the stablity of pertinent property both
on and off site of the marsh area, Club control over the easterly
boundary of the marsh area, subdivision of the parcel to sever
the marsh area from the Judge Field and tennis court area,
experimental closure of through traffic on Mar West and other
reasonable conditions. Additionally the Club shall expect to
receive consideration of expansion plans, including parking on
the area adjacent to the marsh."
Chairman/Mayor Spratling stated it was his recollection that all
of these subjects were discussed at one time during the evening,
but he recalled no discussion that each or any of those subjects
were to be conditions of sale, nor was there an understanding
reached regarding them. If that had been his understanding he
would have objected and not agreed to any such thing. There was
discussion of experimental closure of thru traffic on Mar West,
but not as a condition of sale of the property. It was discussed
as something the Town Council and the TPC had previously
considered and which the Town Council was going to consider again
at such time the Beach Road-Esperanza connection was completed.
The Mar \lest closure issue was therefore not discussed and not
understood as a condition to sale of the property. He stated he
did not know what the last sentence in the paragraph means.
JOINT TOWN COUNCIL/REDEVELOPMENT AGENCY
MINUTES #640 /MINUTES #8 NOVEMBER 21, 1983
PAGE 3
"Additionally the Club shall expect to receive consideration of
expansion plans, including parking on the area adjacent to the
marsh. II Mayor Spratling stated that at the meeting we were
advised that the Club anticipated expanding onto the marsh. He
responded that the Town would obviously consider an application
for such expansion, but if the language of the letter lito receive
consideration II implies to receive favorable consideration, no
such agreement was reached. And if it just means that we would
consider that in the normal course as we would any planning
matter, then Mayor Spratling stated he is not sure why it's
there. Mayor Spratling stated that in any event he wanted to
make the record clear that~ as far as his recollection, there was
no discussion by the Town representatives as to any pre judgement
as to giving a favorable consideration to any expansion plans.
Executive Director/Town Manager Kleinert concurred with
Chairman/Mayor Spratling's recollection of the meeting discussion
concerning the TPC matter.
Member/Councilman Edelstein stated that there is a presupposition
in this letter that the sale and purchase of that portion of the
Club property for restoration of the marsh is a given fact.
There is no such given fact. We started that negotiation years
ago with the expectation that the Club would participate in a
marsh restoration project and not in a sale and purchase and not
holding it as a club over the head of the community to force
consideration of all of these items in exchange for the marsh
restoration. The Club has as much stake in this as the rest of
the Town does and for them to refer to it as Davoren's Pond
really offends me.
Chairman/Mayor Spratling stated that on behalf of the
Redevelopment Agency that in the event that the only way to,
obtain the property for purposes of marsh restoration was a
negotiated sale that the Redevelopment Agency would negotiate for
that sale and we would not exercise our condemnation powers.
Member/Councilman Edelstein stated that what Chairman/Mayor
Spratling had said was certainly an option but the intonation of
paragraph three was that this had been a condition or under
discussion from the very beginning of time is incorrect.
6. PUBLIC TESTIMONY AND COMMENTS
Jules Brickenman, 1687 Mar West, was sworn in by the Town Clerk.
He requested elucidation of the thinking behind routing of
traffic on Mar ~Jest; is it going to be a through road; is it
going to stop at Esperanza, how do I get to my house?
Chairman/Mayor Spratling stated that the establishment of the
Redevelopment Agency has no effect on the circulation element of
the Town; has no effect on the Master or Precise Plans or
Tentative Map for the approved Southern Pacific Project. As it
currently stands the approved Southern Pacific Project provides
for the connection of Beach Road to Mar \Vest at Esperanza.
Beyond that no established plans for any other connections or
changes in circulation including the cul-de-sacing of Mar West.
The cU1-de-sacing was discussed with the TPC and has been
discussed several times by predecessor Town Councils and it will
be considered again after we have taken a traffic study to
determine the impact of the Beach Road connection and and make an
informed judgement as to whether the cu1-de-sacing of Mar ~~est
would be appropriate.
Loretta Faar, 1687 Mar West, was sworn in by the Town Clerk. Ms.
Faar asked at what time and what procedure would be used to
approve the cU1-de-sacing. The Chairman/Mayor responded that it
would be at the final stages of the project's development and
after the traffic study had been prepared.
JOINT TOWN COUNCIL/REDEVELOPMENT AGENCY
MINUTES #640 /MINUTES #8 NOVEMBER 21, 1983
PAGE 4
The Chairman/Mayor closed the public hearing subject to being
reopened in the event the Agency decides to adopt the Plan before
acting on the Fiscal Review Agreement and with permission of the
special counsel he would open the public hearing again at the
time they actually consider adopting the Ordinance in the event
anyone has any comments regarding the Ordinance.
8. TOWN COUNCIL/AGENCY DISCUSSES REDEVELOPMENT PLAN AND
ENVIRONMENTAL IMPACT REPORT
Chairman/Mayor Spratling briefly reviewed the Fiscal Review
Agreement which followed conceptually the agreement as he had
outlined to the Agency a few weeks ago. It was the Town's
understanding that it was about to be approved by the affected
taxing agencies.
MOTION:
9. REDEVELOPMENT AGENCY ACTIONS:
Moved:
Vote:
MOTION:
Moved:
Vote:
To approve Resolution of the Tiburon Redevelopment
Agency Approving and Authorizing Execution of A Fiscal
Agreement Concerning the Tiburon Redevelopment Project
Member Rockey, Seconded by Member Bergmann
AYES: Unanimous
To approve Resolution of the Tiburon Redevelopment
Agency Finding that the Use of Redevelopment Housing
Funds Outside the Tiburon Redevelopment Project Area
Will Be of Benefit to the Project
Member Smith, Seconded by Member Bergmann
AYES: Unanimous
MOTION:
10. TO\lli COUNCIL ACTIONS
Moved:
Vote:
MOTION:
Moved:
Vote:
To approve Resolution of the Tiburon Town Council
Approving and Authorizing Execution of a Fiscal
Agreement Concerning the Tiburon Redevelopment Project
Councilman Rockey, Seconded by Councilman Bergmann
AYES: Unanimous
To approve Resolution of the Tiburon Town Council
Finding that the Use of Redevelopment Housing Funds
Outside the Tiburon Redevelopment Project Area Will Be
of Benefit to the Project.
Councilman Rockey, Seconded by Mayor Spratling
AYES: Unanimous
Chairman/Mayor Spratling made some minor typographical
corrections in the Ordinance.
The Chairman/Mayor opened the public hearing. There were no
comments from the public. Chairman/Mayor Spratling noted for the
record that Barbara Mathews, Chairman of the Tiburon Peninsula
Club and Dawn Kennedy a member of the Board of Directors of the
Club had been present during the discussion of the TPC letter,
and asked them to acknowledge their presence during the
discussion which Ms. Kennedy did by saying yes and Ms. Mathews
did be an affirmative nod of the head.
The Chairman/Mayor closed the public hearing.
MOTION:
Moved:
Vote:
To read by title only.
Councilman Smith, Seconded by Councilman Bergman
AYES: Unanimous
JOINT TOWN COUNCIL/REDEVELOPMENT AGENCY
MINUTES #640 /MINUTES #8 NOVEMBER 21, 1983
PAGE 5
The Mayor read AN ORDINANCE APPROVING AND ADOPTING THE
REDEVELOPMENT PLAN FOR TH TIBURON REDEVELOPMENT PROJECT AREA AND
MAKING CERTAIN FINDINGS PURSUANT TO THE COMMUNITY REDEVELOPMENT
LAW OF THE STATE OF CALIFORNIA.
MOTION:
Moved:
Vote:
To approve 1st reading of the aforementioned ordinance.
Councilman Smith, Seconded by Councilman Rockey
AYES: Bergmann, Edelstein, Rockey, Smith, Spratling
NOES: None
ABSENT: None
D. ADJOURNMENT OF THE REDEVELOPMENT AGENCY
Being no further business of the Redevelopment Agency of the Town
of Tiburon, Chairman Spratling adjourned the meeting at 8:48 p.m.
sine die.
E. ADJOURNMENT OF TOWN COUNCIL
Being no further business of the Town Council of the Town of
Tiburon, Mayor Spratling adjourned the meeting at 8:50 p.m., to
Monday, November 28, 1983 at 7:30 p.m. for the purpose of
adopting the Redevelopment Plan and Making the Necessary
Findings, Ordinance 2nd Reading.
ATTEST:
E ECUTIVE DIRECTION
TOWN MANAGER/CLERK
JOINT TOWN COUNCIL/REDEVELOPMENT AGENCY
MINUTES #640 /MINUTES #8 NOVEMBER 21, 1983
PAGE 6
MINUTES
TOWN COUNCIL
CALL TO ORDER
Mayor Spratling called the regular meeting of the Town Council of
the Town of Tiburon to order at 7:55 PM, Wednesday, November 16,
1983, in the Hilarita Community Room, Tiburon, California.
A. ROLL CALL
PRESENT: COUNCILMEMBERS: Bergmann, Edelstein, Rockey, Smith,
Spratling
ABSENT: COUNCILMEMBERS: None
EX-OFFICIO: Town Manager Kleinert, Director of
Community Development Hanna, Deputy
Town Attorney Ragghianti, Town
Engineer Bala, Supt. of Public Works
Brunini, Chief of Police Bailey,
Minutes Clerk Hennessy
B. APPROVAL OF MINUTES
#637, November 1, 1983
Page 3, second paragraph, delete "state some sort of method that
will" .
Page 4, 3rd paragraph, should read 1I...there are no other
instances where tandem parking is allowed to satisfy the parking
requirements of the zoning ordinance".
Page 4, 7th paragraph, change "curbll to "curvell; 8th paragraph,
second sentence should read "Council agreed to the two non-tandem
requirement with some discretion of the Planning Commission upon
satisfaction of some very restrictive conditions".
Page 5, 15th paragraph, delete IIHe" and insert "Deputy Town
Attorney II
Minutes Clerk to check tape on postcard notification comments.
MOTION:
Moved:
Vote:
To approve Minutes #637 as amended.
Smith, seconded by Rockey
AYES: Unanimous
#638, November 2, 1983
Page 5, next to last paragraph, lIexceedll should be lIexceedingll,
and correction of word "rontundall throughout page.
Page 6, under Motion, should read "40,000 square feet".
Adjournment: Meeting adjourned by Vice-Mayor Smith
Minutes Clerk to check tape on height limit comments made by
Councilman Edelstein.
MOTION:
Moved:
Vote:
To approve Minutes #638 as amended.
Rockey, Seconded by Smith
AYES: Bergmann, Edelstein, Rockey, Smith
ABSTAIN: Spratling
c.
APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES
There were none.
TOWN COUNCIL MINUTES #639
November 16, 1983
Page 1
6. RING MOUNTAIN DEVELOPMENT AGREEMENT (Ordinance~ 1st Reading)
Director of Community Development Hanna stated that the Town
Attorney and Staff had not finalized their review of this
Agreement, and suggested the item be continued. It was agreed to
continue this item to November 28.
Council agreed that they would prefer the Development Agreement
procedure to be in the form of a resolution, subject to approval
by the Town Attorney, and apply to this particular property
rather than an ordinance that would establish procedures that
could be construed to encourage development agreements and could
also be difficult to modify if required.
Mr. Hanna reviewed the schedule for adoption of the Agreement;
Councilman Rockey requested the schedule be closely adhered to
and the Town Manager stated the proposed Agreement would be sent
to the Council by November 23.
7. ORDER TO SHOH CAUSE (Tree Complaint at 7 Heathcliff)
Director of Community Development Hanna reviewed the Staff report
and stated that Mr. Murray, representing Mr. Sanborn, the tree
owner, had recommended to Mr. Sanborn that the trees be removed,
however, the view blockage continues.
Mr. Larry Tint, owner 5 Heathcliff Drive, stated the failure to
remove the trees constituted a financial burden on him because he
has been unable to sell his property due to the vi~w blockage.
He has offered to pay to have the trees cut down, but has had no
response from Mr. Sanborn. He showed the Council pictures taken
before and after the trees were planted, and pictures of th~
existing fence. Mr. Tint stated that Mr. Sanborn had been
ordered by the Town not to plant material higher than the fence.
Mr. Murray stated he had recommended to Mr. Sanborn that he
remove the trees and plant a hedge, however he stated his belief
that this was a private nuisance; that he was sympathetic to Mr.
Tint but felt it was his duty to give the definition of a public
nuisance as defined in the civic code.
Mr. Tint stated that the Town's zoning was to protect all the
inhabitants in the area. The Town now prohibits the planting of
monterey pines but it was established that the trees were planted
prior to the Town prohibition.
The Mayor stated the Town waited to proceed with enforcement
because of optimism that by Mr. Sanborn would remove the trees.
Discussion continued regarding the legal rights of Mr. Tint and
the possibility of his suing for damages to recover his loss, and
the Town's ability to seek the same type of relief and seek a
temporary restraining order.
MOTION: To direct the Town Attorney to file action to abate this
nuisance at 7 Heathcliff Drive unless an agreement can
be reached or a contract has beem signed by Mr. Sanborn
before December 2, 1983 by Mr. Sanborn to cut the trees.
Moved: Spratling, Seconded by Smith
Mr. Tint reiterated he was willing to pay to have the trees
removed.
Councilman Rockey suggested that Mr. Tint put his offer to remove
the trees in writing to Mr. Sanborn and Mr. Sanborn could sign
that letter and Mr. Tint would assume the responsibility to have
the trees cut.
VOTE: AYES: Unanimous
TOWN COUNCIL MINUTES #639
November 16, 1983
Page 3
H. -. -COMMUNlCATIONS~- STAFF -AND TOWN MANAGER- ITEMS
8. TIBURON CLEANERS BUILDING (1679 Tiburon Blvd. - Status of
BAR Decision)
Council accepted report as informational item.
9. JOINT TOWN COUNCIL & PARKS AND OPEN SPACE COMMITTEE MEETING
(Set Date for Meeting)
Council set Monday, January 9, 1984 for the joint meeting.
10. Southern Pacific Removal Operations
The Town Manager requested Police Chief Bailey to give an oral
report to the Council concerning discussions with the contractor
removing the fill on the Southern Pacific property about the
Town's traffic safety concerns.
Chief Bailey stated he and the Town Engineer had met with
representatives from Ghi10tti Brothers, the contractor, and
Rogers Trucking Company, the subcontractor. He was satisfied
that all safety precautions were being taken; that twenty (20)
trucks with 2 round trips per day was being planned; that they
reviewed procedures for washing down the streets in the event of
spillage; that no leniency would be given to the truck drivers if
infractions occur, and drivers possibly removed from the job;
that they had recently clocked the trucks and they were being
driven within the speed limit and that emphasis was placed upon
the need for caution at the school crossing sites, especially Del
Mar School.
J. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Spratling adjourned the meeting at 9:05 P.M., to
Monday, November 21, 1983 for Joint Town Council/Redevelop~ent
Agency Public Hearing to consider Tiburon Redevelopment Plan and
Environmental Impact Report on Plan. /
I?
ATTEST:
TOWN COUNCIL MINUTES #639
November 16, 1983
Page 4
D ~ COMMISSION - AND COMMI"'r'PEE ORAL. -REPORTS
Tiburon Ferry Committee (Status Report by Chaiman Rockey)
Councilman Rockey stated there would be a meeting of the Ferry
Board Committee with the Golden Gate Bidge District next week to
discuss possible alternatives if the Town loses ferry service
from Harbor Carriers.
E. PUBLIC QUESTIONS AND COMMENTS
Councilman Rockey asked the Council to reaffirm the direction to
Staff to get Mr. Trieber, Churchill's, to conform with the Town's
prior request concerning the mechanical toys displayed outside
his premises on Main Street. Director of Community Development
Hanna stated that a letter had been sent to Mr. Trieber asking
him to correct the situation.
Councilman Rockey referred to copy of a letter received from
South Paradise Association to the Marin County Board of
Supervisors requesting them to install a paved pathway for
runners, bicyclists and pedestrians along Paradise Drive from
Trestle Glen Boulevard to the Town limits due to the increase of
traffic and safety hazards. He requested the Council's support
of this request. Mayor Spratling directed Staff to prepare a
letter for his signature endorsing the importance of this
project.
F. CONSENT CALENDAR
MOTION: To approve the Consent Calendar consisting of:
1. Finance Report (September)
2. Police Report (October)
3. Set Public Hearing Date (Illegal Unit at 4 McCart Court)
Set for December 7, 1983
4. Set Public Hearing Date (Slide Repair at 175 Steward Drive)
Set for December 7, 1983
Moved:
V ot e :
Smith, Seconded by Rockey
AYES: Unanimous
G. PUBLIC HEARINGS & BUSINESS ITEMS
s. PREZONING OF RING MOUNTAIN (Ordinance, 1st Reading)
Director of Community Development Hanna reviewed the Staff
report. Staff proposed three prezoning designations for the Ring
Mountain development, adding Area G from RPD-3 to RO-1.
The Mayor opened the Public Hearing.
Derrick Simmons, attorney for Ring Mountain Development,
concurred with Staff1s recommendations.
The Mayor closed the Public Hearing.
MOTION:
Moved:
Vote:
To read by title only.
Rockey, Seconded by Smith
Unanimous
\
\
The Mayor read AN ORDINANCE OF THE TIBURON TO\m COUNCIL PREZONING
TO RPD-l, RPD-2 AND RO-l (PLANNED SINGLE FAMILY RESIDENTIAL)
ZONING DISTRICTS FOR THE RING MOUNTAIN DEVELOPMENT.
MOTION:
Moved:
Vote:
To pass 1st reading of the aforementioned ordinance.
Rockey, Seconded by Bergmann
AYES: Bergmann, Edelstein, Rockey, Smith, Spratling
NOES: None
ABSENT: None
TOWN COUNCIL MINUTES #639
November 16, 1983
Page 2
MINUTES
TOWN COUNCIL
CALL TO ORDER
Vice-Mayor Smith called the regular meeting of the Town Council
of the Town of Tiburon to order at 7:45 PM, Wednesday, November
2, 1983, in the Hilarita Community Room, Tiburon, California.
A. ROLL CALL
PRESENT: COUNCILMEMBERS: Edelstein, Bergmann, Rockey, Smith
ABSENT: COUNCILMEMBERS: Spratling
EX-OFFICIO: Town Manager Kleinert, Director of
Community Development Hanna, Town
Attorney Conn, Town Engineer Ba1a,
Supt. of Public Works Brunini, Chief
of Police Bailey, Director of Finance
Nadritch, Minutes Clerk Stultz
B. APPROVAL OF MINUTES
#634, September 21, 1983
MOTION:
Moved:
Vote:
To approve Minutes #634, September 21, 1983 as submitted
Bergmann, Seconded by Rockey
AYES: Unanimous
ABSENT: Spratling
#636, October 19, 1983
MOTION:
Moved:
Vote:
To approve Minute #636, October 19, 1983 as submitted
Rockey, Seconded by Bergmann
AYES: Unanimous
ABSENT: Spratling
C.
APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES
There were none.
D. COMMISSION AND COMMITTEE ORAL REPORTS
1. 1982-83 Annual Town Treasurer's Report (Jeff Knight)
Jeff Knight, Town Treasurer, reported that Fiscal Year 1982-83
was uneventful. The Town continues to receive record high
interest earnings and the modified accrual system is working
well. Mr. Knight gave special recognition to Finance Director
Nadritch.
2. Tiburon Ferry Committee (Status Report by Chairman Rockey)
Councilman Rockey reported the Ferry Committee will meet next
week with the Golden Gate Bridge District to explore What can be
done to supplement or make-up any ferry services the Town may
lose from Harbor Carriers.
E. PUBLIC QUESTIONS AND COMMENTS
3. Marin County for Affordable Housing - (Recognition of Town's
Participation in Bradley House Project)
Dr. Bernard Carp, Co-Chairman of the Awards Committee for the
Affordable Housing Committee, presented the Council with a
Certificate of Appreciation for the Town's participation in the
Bradley House Project. Vice-Mayor Smith requested Dr. Carp
present the Certificate to Councilman Rockey Who was instrumental
in the Bradley House Project.
TOWN COUNCIL MINUTES #638
NOVEMBER 2, 1983
PAGE 1
F.. . CONSENT CALENDAR
MOTION: To approve the Consent Calendar consisting of:
4. FINANCE REPORT (August 1983)
5. 1982-83 Town Audit (Acceptance of Independent
Auditor's Report)
6. 1983-84 Establishment of Appropriations Limitation
(Resolution No. 2170)
Moved:
Vote:
Rockey, Seconded by Bergmann
AYES: Unanimous
ABSENT: Spratling
G. PUBLIC HEARINGS & BUSINESS ITEMS
7. RING MOUNTAIN PRECISE PLAN/TENTATIVE MAP (Approval of Final
Wording of Resolution and Discuss Development Agreement)
Director of Community Development Hanna reported that at a
previous Council meeting the Ring Mountain Precise Plan
Resolution was reviewed and modified. The matter comes on now
for Council's review of the modified resolution.
Vice-Mayor Smith opened the Public Hearing.
Mr. Richard Coombs, project developer, requested that the word
"posted" be changed to "provided" in condition 12 of the
Resolution. Council concurred.
Moved:
Vote:
To adopt the Resolution approving the Ring Mountain
Precise Plan as amended (Resolution No. 2171)
Edelstein, Seconded by Bergmann
AYES: Edelstein, Bergmann, Rockey, Smith
NOES: None
ABSENT: Spratling
MOTION:
DEVELOPMENT AGREEMENT
Director Hanna reported the purpose of the Development Agreement
is to ensure the developer that upon annexation of the Ring
Mountain property to the Town the conditions of the Precise Plan
and Tentative Map would not be arbitrarily modified. He noted
the Development Agreement is in draft form and any modifications
the Council wishes to make can be incorporated into the
document. If the applicant does not annex the property to the
Town then the Town will withdraw its Precise Plan approval.
Council noted the development agreement precludes future Councils
from changing the Town's approval of the Ring Mountain project.
The Council and Applicant then discussed the time frame for
approval of the Development Agreement. Mr. Coombs stated his
desire to have it approved prior to the New Year. It was noted
that an Ordinance should be adopted providing procedures for
approving Development Agreements and that the matter should be
reviewed by the Planning Commission. Councilman Edelstein stated
he would rather not have an Ordinance in place regarding
Development Agr~ements. He stated he does not feel the Town
should encourage Development Agreements. Mr. Derek Simmons,
applicant's attorney, recommended the Council adopt a Resolution
outlining how the Town will process the Ring Mountain Development
agreement.
TOWN COUNCIL MINUTES #638
NOVEMBER 2, 1983
PAGE 2
Moved:
Vote:
To direct Staff to prepare a Resolution providing
procedures for the adoption of the proposed Ring
Mountain Development Agreement. The Resolution shall
omit the necessity of sending the Development Agreement
to the Planning Commission for review and con~ent. If
for any reason the Town Attorney finds this motion
improper, the entire matter will be brought back to the
Council. The Resolution providing procedures and the
Ordinance approving the Development Agreement shall be
brought back for consideration on the Council's Agenda
of November 16, 1983.
Rockey, Seconded by Edelstein
AYES: Unanimous
ABSENT: Spratling
MOTION:
8. ORDER TO SHOH CAUSE (Abatement of Public Nuisance - 7
Heathcliff Drive)
Director of Community Development Hanna reported that in July
1983 the owner of 5 Heathcliff Drive, Mr. Tint, filed a tree
complaint against the owner of 7 Heathcliff Drive, Mr. Sanborn.
On Agusut 4, 1983 the Board of Adjustments considered the matter
and found that the trees were in violation of the Tree
Ordinance. The Board required that the trees be removed to
restore the view of San Francisco and the Golden Gate Bridge and
allocated 100 percent of the cost of the tree removal to the tree
owner. As of this date Mr. Sanborn has not complied with the
Board's decision.
Vice Mayor Smith opened the Public Hearing.
Mr. Jim Murray, Counsel for Mr. Sanborn, noted Mr. Sanborn was
out of Town When the original notice of the Board meeting came
and therefore missed the meeting. Mr. Sanborn talked with the
occupants of 5 Heathcliff and he was told they are in the process
of purchasing the property. The tenants indicated they had no
complaints about the trees in question. Mr. Murray stated that
he would recommend to Mr. Sanborn that since the trees act as a
hedge, that he remove the trees and plant hedges. Mr. Murray
requested the matter be continued to the next meeting to
determine the ownership of 7 Heathcliff and report back on Mr.
Sanborn's decision on the above recommendation.
Vice-Mayor Smith closed the Public Hearing.
MOTION: That Mr. Sanborn remove the trees and replace them with
a hedge and that this matter be continued to the next regular
meeting.
Knowles Hall, BAR member, recommended that a height limitation be
placed on the hedges.
Vote: AYES:
ABSENT:
Unanimous
Spratling
9. APPEAL OF B.A.R. DECISION (280 Roundhill Road, Single Family
Residence)
Director of Community Development Hanna reported that in 1981 a
building permit was issued, after B.A.R. approval, for a guest
house on the property at 280 Roundhil1 Road. In July 1983, it
was brought to Staff's attention that construction activity was
occurring on the property that did not have the benefit of a
building permit and a stop work order was issued. Subsequently,
the applicant submitted plans for an addition to the living room
and for an addition to the existing garage. A review of the
plans by Staff indicated the necessity for a variance to allow
the garage addition. Therefore, the B.A.R at the October 6th
meeting considered only the living room addition. The Board
expressed their concern with the overall development of the
property and the difficulty of properly evaluating the plans with
the work being in progress. Because of the failure of the Board
to have an opportunity to review all the improvements at one time
TOWN COUNCIL MINUTES #638
NOVEMBER 2, 1983
PAGE 3
and to ensure compatibility with the existing structures based on
an overall and comprehensive p1an~ the Board denied the living
room addition with prejudice. Director Hanna noted the denial
would not allow the applicant to resubmit a plan substantially
the same for one year. Director Hanna stated it is staff's
recommendation that the matter be returned to the B.A.R. to
clarify the specific reasons Why the living room addition is
inconsistent with the design guidelines of the Town and if there
are opportunities to make the design compatible with the Board's
guidelines, the Board should note what changes or modifications
could be done to the design. If the B.A.R. can arrive at a
solution satisfactory to the Board and the Applicant, the Board
should approve the plan subject to appropriate conditions.
Vice-Mayor Smith opened the public hearing.
Mr. A1 Anolik, owner of 280 Roundhi11 Road, stated there was no
deceit intended as the cabana still needed a final inspection and
the building official would have noticed the additional
construction at that time. Mr. Anolik also noted the Stop Work
Orders had nothing to do with the additional construction. The
Stop Works Orders were issued for changing from paint to stucco.
Mr. Jim Malott, B.A.R. member, reviewed the discussion at the
B.A.R. meeting. He expressed his feeling that Mr. Anolik had
definite knowledge of the building permit requirement.
Mr. Michael Freidman, B.A.R. member, expressed his concern over
the drainage on the property and the effect the additional
construction will have.
Mr. Ka1ir, applicant's architect, stated at the B.A.R. meeting
there was no reference to the issue of the design of the
addition. He stated the addition adds only 375 sq. ft. to the
previous living room.
Mr. Malott noted there are two design guideline items the
proposed addition disregards. One is the slope of the roof to
the hillside. The proposed addition makes the house look more
massive from the downhill side. Secondly, there are large scale
windows facing a neighboring property. The B.A.R. tries to
discourage these two design characteristics.
Mr. Anolik stated there is not one neighbor that has objected to
the design of the addition. He urged the Council to consider
only the design issue.
Mrs. Anolik stated the living room addition is built on an
existing deck off the second floor. She stated the problem of
not having a permit was caused by a lack of communication between
herself and the contractor, each thinking the other had obtained
a building permit.
Vice-Mayor Smith closed the public hearing.
Town Attorney Conn stated the only issue before the Council is
the Board's denial of the design of the living room. The Board
must consider each application on its own merits without
considering any ,building violations that occurred in the past.
The Council can overrule the Board's decision and approve the
design, or send the matter back to the Board to have them
reconsider it taking into consideration the merits of the design
and casting aside the matter of a permit.
Councilman Edelstein questioned fining the applicant for building
without a permit. Conn stated under the Town's ordinances
building without a permit is a misdermeanor punishable by a $500
fine or 6 months in County jail. This would require the Town
filing a misdermeanor claim in the Court and proving beyond a
reasonable doubt that the applicant willfully built the addition
without a permit.
TOWN COUNCIL MINUTES #638
NOVEMBER 2, 1983
PAGE 4
MOTION: to send the application back to the Board of Adjustments
with the specific request:
1. To clarify and be specific as to the reasons Why the
living room addition is inconsistent with the design
guidelines of the Town and return these reasons to
the Town Council.
2. If there are opportunities to make the design
compatible with the Board's guidelines, the Board
should note what changes or modifications could be
done to the design.
3. If the Design Review Board can arrive at a solution
satisfactory to the Board and to the applicant, the
Board should approve the plan subject to appropriate
conditions.
Moved:
Vote:
Bergmann, Seconded by Edelstein
AYES: Unanimous
ABSENT: Spratling
Council noted that if the Board makes a determination that the
design is not acceptable, the matter can be brought back under
this appeal.
In regard to the drainage problem on the property Town Engineer
Ba1a reported Mr. Anolik is going to do the drainage work on his
property and the downhill property. Ba1a noted that he will have
to review the drainage drawings.
11. SOUTHERN PACIFIC DOWNTO~m DEVELOPMENT (Recommendations from
Board of Adjustments and Review)
Director of Community Development Hanna noted at the last Council
meeting the Council approved certain modifications to the
Southern Pacific Project. The Council considered the design
changes for the commercial and plaza area of the plan and
withheld final approval until a recommendation from the Board of
Adjustments and Review could be considered. The Board on a tie
vote could make no specific recommendations concerning the design
of the buildings, plaza and entryway. If the Council finds the
design changes acceptable then the applicant will proceed with
the working drawings.
Vice Mayor Smith opened the public hearing.
Mr. Glen Calkins of Southern Pacific stated the Boards major
concern was regarding the awnings and their color.
Mr. Rodney Friedman of Fischer-Friedman presented a slide show
showing the proposed landscaping and design changes to the two
commercial buildings. He noted the proposed sailcloth rotunda is
not intended to be completely enclosed.
Councilman Edelstein questioned why the glass skylights were
removed in the rotunda area. Mr. Friedman stated the skylights
doubled the cost of the building.
Mr. Malott expressed his approval of the walkway around the
entire building, but expressed his concern over the uniform
height of the roof. He stated he feels the rotunda area still
needs work.
Mr. Michael Freidman, B.A.R. member, stated he prefers the
original proposal for the commercial buildings. He expressed his
dissatisfaction over the four poles in the rotunda area.
TOHN COUNCIL MINUTES #638
NOVEMBER 2, 1983
PAGE 5
Rodney Friedman stated that if the Council accepts the- buildings
with the exception of the rotunda~ he could look at doing more
for that area. Councilman Edelstein noted the location for the
centerpiece of the rotunda is not in the view line of any homes
on Mar \lest and recommended the applicant be allowed to go to 361
to allow more of a vertical emphasis.
Vice Mayor Smith closed the public hearing.
MOTION: that the concept be approved to the point that the
buildings can proceed to working drawings, that the central
court yard landscaping be reviewed in more detail, that
colors and materials be brought back to the Board and
Council, that the occupied floor area be approved and that
the top of the poles not exceed 36'
Moved: Edelstein, Seconded by Bergmann
In response to Vice-Mayor Smith, Councilman Edelstein stated if
the architect comes up with something more than (361) that can be
justified by the review process, he didn1t think it should be
rigid, but as a goal height; that if the architect thinks it
should be higher or have good reason, he would be willing to look
at it.
Councilman Rockey stated he does not care for the four flag pole
arrangement.
Vote: AYES:
ABSENT:
Unanimous
Spratling
10. SOUTHERN PACIFIC SOILS REMOVAL AND REPLACEMENT (Authorize
Issuance of Grading Permit)
Director of Community Development Hanna reported that Southern
Pacific is requesting that they be allowed to remove 20,000 ,cubic
yards of contaminated material on the project site and replace it
wi th fresh fill.
Mr. Glen Calkins of Southern Pacific noted they have
approximately 20,000 cubic yards of material to remove. 2,000
cu.yds. is surface material and 18,000 cu.yds. is subsurface
material. He noted the truck traffic to haul the material away
and bring in new fill will not exceed the EIR construction
projections. He noted they could like to complete this project
in the next six weeks.
Mr. Larry Tison of Brown Caufield stated the surface materials to
be removed contains high concentrations of lead. The subsurface
material to be removed contains grease and oil, Which over the
years could possibly leech into the bay. Mr. Brian Bracken of
Brown Caufield reviewed a map showing the areas of the project
site to be excavated. He noted the heavy material areas are
shallow but the oil and grease areas are 6-91 deep. He stated
that the oil and grease areas do not have to be removed, but if
they are not the State will monitor it for movement and place a
deed restriction on the site.
Mr. Irmer, Innisfree Co., stated if slurrey walls were installed
to control the movement of the grease and oil the State would
still monitor the property. He expressed his strong desire to
have no State monitoring and no deed restrictions placed on the
site.
Council questioned how many truck loads would be required to
remove and replace the materials. An Engineer for Southern
Pacific responded it would require approximately 1000 truck loads
which relates to 35-50 trucks a day or 12 trucks an hour.
Town Engineer Ba1a reported that he spoke with a state employee
regarding the possibility of using some of the oil and grease
material and mixing with with other material and using it as a
base for the main parking lot. The person he spoke with stated
that it could be done.
TOWN COUNCIL MINUTES #638
NOVEMBER 2, 1983
PAGE 6
Councilman Smith questioned if barging WdS a practical way of
removing the materials. Town Engineer Bala stated it would be
quite expensive. Bala noted that after this project SP should be
required to remove all cracked areas on Tiburon Boulevard and
prepare the surface for an overlay.
Mr. Bracken noted SP concerns over any deed recordations and
questioned if the State would place a deed restriction on the
parking lot.
Mr. Calkins stated he would be agreeable to the Town Engineer's
recommendation of using some of the materials for the parking lot
base if the idea could be carried out quickly and that the
parking lot would not require any monitoring or deed
restrictions. Mr. Ca1kins~expressed his concern over the open
ended liability for the Tiburon Boulevard repairs as suggested by
the Town Engineer. He recommended that Southern Pacific pay up
to $50,000 for repairs to Tiburon Boulevard.
MOTION:
Moved:
Vote:
that the grading permit be issued subject to the
conditions of the Town Engineer's letter of November 2,
1983. That condition No. 10 of the Town Engineer's
letter be amended to provide for the restoration of
Tiburon Boulevard up to 40,000 square feet of asphalt
and that the Town Engineer in connection with the Brown
and Caufield Firm receive written confirmation from the
State that the oil and grease material must be
removed. Construction hours shall be from 7:30 AM to
5:00 PM, Monday through Friday, an 9:00 AM to 5:00 PM on
Saturdays. Construction hours include any machine warm
up time.
Rockey, Seconded by Bergmann
AYES: Unanimous
ABSENT: Spratling
Councilman Rockey excused himself at 12:35 AM.
12. DO\lliTOWN TIBURON BOULEVARD IMPROVEMENTS (Approve
Supplement No. 4 Subject to Southern Pacific Funding
Participation Confirmation - Agreement and Resolution)
Town Manager Kleinert reported the Town needs confirmation from
Southern Pacific that their $550,000 matching share has been
committed. Glen Calkins reported that he has received approval
from the Board of Directors to commit the $550,000.
MOTION:
the
Moved:
Vote:
to approve the Resolution authorizing execution of
agreement with CAL/TRANS for Federal Aid Urban
System projects program supplement No. 4 - Downtown
Tiburon Boulevard Improvements (Resolution No. 2172)
Edelstein, Seconded by Bergmann
AYES: Edelstein, Bergmann, Smith
ABSENT: Spratling, Rockey
H. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS
13. Letter from TPC (Barbara Mathew, President) to Town
Council, and Planning Commission Regarding Redevelopment,
dated 10/23/83)
Councilman Smith stated the TPC should realize that the plan
under which the Redevelopment Agency would be functioning is very
restrictive. To change the Agency boundaries would require a
series of public hearings. The only purpose of including the TPC
in the boundaries is to restore the freshwater marsh.
Mrs. Mathews stated the long term inclusion of the TPC property
causes the Board concern. She noted the Board is concerned over
the stability of the Judge Field area.
TOWN COUNCIL MINUTES #638
NOVEMBER 2, 1983
PAGE 7
It was decided that the Mayor and Vice Mayor shall meet with
representatives of the TPC to resolve TPC's concerns.
J. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Vice Mayor Smith adjourned the meeting at 1:00 AM,
Thursday, November 3, 1983, sine die.
ATTEST:
TOWN COUNCIL MINUTES #638
NOVEMBER 2, 1983
PAGE 8
MINUTES
ADJOURNED MEETING
TOWN COUNCIL
CALL TO ORDER
Mayor Spratling called the adjourned meeting of the Town Council
of the Town of Tiburon-to order at 7:40 PM, Tuesday, November 1,
1983, in the Hilarita Community Room, Tiburon, California.
A. ROLL. CALL
PRESENT: COUNCILMEMBERS: BERGMANN, EDELSTEIN, ROCKEY, SMITH
SPRATLING
ABSENT: COUNCILMEMBERS: NONE
EX-OFFICIO:
Town Manager Kleinert, Director of
Community Development Hanna, Deputy
Town Attorney Ragghianti, Associate
Planner Walsh, Supt. of Public Works
Brunini, Minutes Clerk Hennessy
G. PUBLIC HEARINGS & BUSINESS ITEMS
1. SECOND UNIT ORDINANCE (Consideration of Ad Hoc Committee's
Second Unit Ordinance Report and Recommendations)
The Mayor reviewed the Staff report and proposed that the Council
review the eleven separate issues identified by the Director of
Community Development as points of substantial differences from
the Planning Commission1s recommended draft ordinance and the Ad
Hoc Committee's draft ordinance. The Mayor would ask Associate
Planner Walsh to identify the differences: ask for the Town1s
position: ask for a representative from the Committee to state
their position: open public hearing on each issue: return it to
Council and have the eleven issues incorporated into an ordinance
to be considered in two weeks. He further suggested that
discussion be limited to 15 minutes per issue. Council and
representatives from the Committee agreed.
1. Findings
Ms. Walsh stated Staff1s only objection was restricting occupancy
to persons over 60 years of age; that Staff1s interpretation of
SB 1160 and 1534 was to provide housing for all segments of the
population, not just the elderly.
The Mayor cited a passage from a letter dated October 27, 1983
from the Ecumencial Asociation for Housing which stated liThe
proposed ordinance finds that 'preserving the Town's social and
economic balance through second units will be less damaging to
the community than other methods, such as the building of
apartments, condominiums and housing projects I ".
Ann Ross, representing the Ad Hoc Committee, asked for an
explanation of intent of SB 1534: stating the Town had a large
proportion of apartment houses and the Committee felt that second
units would add to the housing element.
The Deputy Town Attorney stated his opinion was to allow for the
granting of a variance by a City when the criteria cited in
specific sections are met.
The Deputy Town Attorney also cited two recent court cases where
age restrictions were found to violate provision of several codes
of the State.
TOWN COUNCIL MINUTES #637
November 1, 1983
Page 1
Nat Marans objected to criticism from the EHA before the public
hearing was held~ The Mayor stated the letter had been received
and read by the Council and he was giving the Ccrrumittee an
opportunity to respond to the comments made in the letter.
Mrs. Frances Miller, representing the Gray Panthers, stated her
right to make comments and stated her opinion that young people
have a right to affordable housing. Mr. Brian Chapman supported
the rights of young people to have affordable housing.
Joan Bergsund supported a diverse age group.
Mrs. Ross stated the Committee was split on this issue and would
leave it up to the Council.
The consensus of the Council was not to place an age restriction
in the ordinance. The Mayor had written comments he would
present to Staff and he asked Staff to reword this section
eliminating any reference to age.
2. Detached Units
Ms. Halsh stated the Planning Commission's recommendation was to
allow conversion of existing detached units on 10,000 sq. ft. lots
which is the minimum lot size of the R-l zone. The Committee
agreed to allow detached units on 15,000 sq. ft. lots.
Discussion ensued regarding overcrowding: the criteria of a Use
Permit: the Variance procedure: the comparison of square footage
of a house to the lot size.
It was the unanimous decision to accept Staff's recommendation to
allow existing detached units to be converted on a lot size of
10,000 sq. ft.
3. MAXIMUM NUMBER OF PERSONS AND RESTRICTIONS
Staff objected to the Committee's recommendation limiting
occupancy to one person being over 60 years of age. The Planning
Commission had recommended limiting occupancy to three persons,
two adults, one child or one adult, two children. The Committee
limited occupancy to two persons, one over 60 years of age.
Discussion followed regarding enforcement problems:
undesirability of overcrowding: limitation of occupancy
determined by square footage of the apartment: limitation on
rents: the wisdom of setting standards of how many people should
occupy a unit; parking problems: the impact on neighbors.
The Mayor stated that Staff was directed to make findings
comparable to the Town's housing element: one should not assume
all second units were to be low and moderate income housing, but
to provide housing for the elderly, long term residents of the
Town, single parent families, Town employees, etc. and not just
for relatives of the owner of the property.
In response to Councilman Edelstein, the Director of Community
Development explained the requirements of the Uniform Building
Code which requires a minimum of 220 sq. ft. per unit.
Discussion continued on feasibility of identifying age limits.
Councilman Smith preferred not to take a position at this time.
The other four members of the Council agreed to limit occupancy
to three persons with no restrictions as to age.
4. SEPARATE ENTRANCE AND UTILITY METERS
Staff had no comment on this issue.
Ms. Ross stated the Committee was not aware of how expensive
separate meters would be to install, and preferred a separate
entrance for safety of the renter.
TOHN COUNCIL MINUTES #637
November 1, 1983
Page 2
It was the consensus of the Council that separate meters was an
unnecessary expense.
Staff was directed to reword this section to strongly incorporate
separate entrances and include a reference to safety.
5. SIGNED STATEMENT FROM APPLICANT THAT NEIGHBORS HAVE BEEN
NOTICED THAT AN APPLICATION FOR A SECOND UNIT HAS BEEN MADE
Staff felt this was a duplication of effort since the public
hearing for a Use Permit is noticed in the Ark and all neighbors
within 300 feet of the subject property are noticed.
Mrs. Ross stated the Committee was unaware of Staff's procedure
of notification. Mrs. Bergsund stated it would alleviate anxiety
of the neighbors if the applicant notified them of their
intentions. Mrs. Ross pointed out that this was a notification
process and not an approval process.
Council unanimously agreed that a courtesy notice was acceptable,
and the Mayor directed Staff to define lIadjacentll.
6. SECOND UNITS IN THE R-2 ZONE
Ms. Walsh stated the Planning Commission was split on a 3-2-1
vote on this issue; that the intent of the affirmative vote was
to allow for possible legalization of existing illegal units.
Mr. Duke stated it was the intent of the Committee to limit
conversion to single family homes, but not duplex units.
Discussion continued regarding single family homes in the R-2
zone; feasibility of allowing illegal second units to conform to
the new ordinance; the Committee's position that all illegal
second units should be abated if they do not meet the criter:ia;
the need for the Council to make specific findings in order to
exclude any specific area; the limitation of only allowing second
units on single family lots.
Councilman Rockey stated he preferred Staff's position; was not
in favor of carving out entire zoning districts; thought there
was sufficient criteria in terms of findings to allow a unit or
prevent a unit during the Planning Commission and Design Review
process and would rather see them dealt with on a case by case
issue; that there was enough protection in the findings regarding
traffic, parking, overcrowding, etc. that would prevent abuse in
the R-2 zone.
The Director of Community Development referred to Staff's
position that existing illegal units might provide additional
parking in order to conform to the new regulations and thus
improve the R-2 area.
The Deputy Town Attorney explained the difference between illegal
and legal non-conforming units.
It was the majority opinion of the Council to accept the
Committee's recommendation and the Mayor directed Staff to work
with the Town Attorney and come up with a phrase that would
indicate a single family dwelling in any zone concept and not a
zoning district concept.
7. PARKING
Staff's recommendation was to allow discretion of the Planning
Commission regarding two on-site parking spaces, and the
Committee requsted two on-site non-tandem parking spaces. It was
Staff's opinion that two non-tandem spaces was too restrictive to
the individual using the smaller unit.
Mrs. Ross stated there should be access through the driveway and
more people would be parking in the street.
TOWN COUNCIL MINUTES #637
November 1, 1983
Page 3
Mr. Duke stated the Committee was unanimous on this position;
that on street parking would be detrimental to the neighborhood.
Dave Teather didn't believe the Fire District would allow tandem
parking due to the safety problems.
In response to Councilman Bergmann, Mr. Hanna stated there is no
other instances where tandem parking is allowed to satisfy the
parking requirements of the zoning ordinance.
Mrs. Louise Mirata stated paving for parking spaces would provide
an area for children to play; that the open space area for the
new tenants hadn't been addressed.
Mr. Chapman suggested it be a dete~mination of the Planning
Commission.
Mrs. Miller cited other ordinances Which stated parking
requirements according to number of bedrooms.
Vice-Mayor Smith stated he would like to go with the Committee's
recommendation, but add discretion of the Planning Commission as
to two on site non-tandem spaces. Councilman Edelstein stated
there are areas where driveways exit to the inside of a curve and
a number of unique factors that apply on a lot by lot
situation. Councilman Bergmann stated at least one space should
be required and leave it to the Planning Commission to decide, if
there were two bedrooms, two spaces should be provided.
Councilman Rockey preferred two parking spaces; would support ban
on tandem parking and basically supported the Planning
Commission's discretion if there was a tight enough situation,
but otherwise he would not. The Mayor supported two on site non-
tandem spaces with the discretion of the Planning Commission to
reduce number of tandem spaces in a specific situation given
certain findings. Councilman Rockey stated he would not go ,along
with less than two spaces.
The Mayor stated the majority of the Council believes the
Planning Comission should have some discretion depending on how
the draft ordinance is written. Agree to non-tandem requirement
with some discretion of the Planning Commission of meeting some
very restrictive conditions.
Mr. Duke stated the Committee's goal was to outline criteria that
had to be met without allowing leeway of Planning Commission.
8. SQUARE FOOTAGE OF SECOND UNITS
Ms. Walsh stated the Planning Commission recommended a maximum of
700 sq. ft., but set no minimum. The UBC required a minimum of
220 sq. ft. The Commitee recommended a minimum of 350 sq. ft.
Mrs. Ross stated the Committee didn't want a ghetto situation.
Mr. Duke stated the Committee had placed a maximum of two persons
per unit and felt 350 sq. ft. should be the minimum square
footage; that they were trying to prevent two or three people
living in a very small area.
It was the unanimous opinion of the Council that no minimum
square footage should be set.
9. REPORTING VIOLATIONS
Associate Planner Walsh stated Staff was concerned about the time
limits imposed.
Mr. Duke stated the Committee was unanimous with this finding
that a specific entity be designated as responsible and didn't
want a report to go to Staff without deadlines.
TOWN COUNCIL MINUTES #637
November I, 1983
Page 4
The Director of Community Development stated that Staff had no
specific time limit suggestions: that it was difficult for Staff
to respond immediately When it had other prioritites: that the
time limit didn't lessen the importance of the complaint.
The Deputy Town Attorney stated there was no legal impact on the
Town if time limits were not met by Staff.
Mrs. Bergsund stated there was a great deal of concern expressed
at the Planning Commission meetings regarding the need for some
mechanics to tell the public how to go about reporting violations
and a follow-up procedure. She suggested that a part time person
be hired to handle enforcement of this ordinance. Mr. Rolph of
the Planning Commission stated that feelings ran deep on this
subject and he didn't know~Why it wasn't included in the
Commission's report and suggested that a procedure should be
included in the ordinance.
The Deputy Town Attorney related that there were problems due to
the fact that a property owner did not have to allow anyone from
the Department of Community Development to enter his property:
that procedures do exist for abating a nuisance.
Mrs. Mirata stated that if this ordinance is adopted she saw a
lot of extra work for the Planning Department and suggested a
five day period for the Director of Community Development to
notify the owner of record that a complaint has been received.
The Mayor proposed ten (10) calendar day as an appropriate
response time due to the time constraints on Staff because of
other projects assigned to them by the Council.
The Mayor asked Staff to reword this paragraph to specifically
define What the 30 day report was going to include.
Councilman Rockey agreed with the 10 and 30 day notification
periods, but questioned What would constitute a violation. He
preferred that violations be identified.
The Town Manager suggested that the complaintant be carbon copied
on the notice to the owner, and would therefore know when the
owner had been notified. Council agreed.
The Council agreed on ten (10) and thirty (30) day notification
periods.
10. VIOLATIONS
11. LEGAL NON-CONFORMING UNITS
Ms. Walsh asked the Deputy Town Attorney to repond.
Regarding Item 10, the Deputy Town Attorney stated that the penal
code set a maximum for infraction penalties of $500 and does not
provide for additional fines per day: that paragraph IILII of the
Planning Commission's draft would apply.
On Item 11, if there is a legal unit when built, and subsequently
becomes non-conforming, it continues to exist as a matter of
right until it is burned, demolished or abandoned.
It was his opinion that Items 10 and 11 could not be changed
because the law wouldn't permit it.
Councilman Edelstein asked the Deputy Town Attorney about the
Planning Commission's draft page 2, section B. (1) which imposed
a $1,000 late application penalty fee. He stated that this
particular situation had not been tested in the Courts, but he
suggested it remain. Councilman Edelstein expressed his feelings
that the fee was excessive. Councilman Rockey stated he felt it
needed further discussion.
TOWN COUNCIL MINUTES #637
November 1, 1983
Page 5
Councilman Bergmann asked Staff if they considered the criteria
and sumbittal material for an application for a Use Permit
excessive as outlined, and Staff agreed.
The Mayor requested Staff to redraft this section with reasonable
submittal requirements as outlined in the Design Review
application.
Mrs. Ross stated she felt more information was needed than a
Design Review application.
Councilman Edelstein stated he would like to give the Planning
Commission an opportunity to make a finding if the situation is
more feasible to have a new detached unit than an attached unit.
Mr. Duke stated the Committee's recommendation was no new
detached units.
Councilman Edelstein stated it was a split vote of the Planning
Commission and he proposed that at the end of paragraph 9, page
4, the following be added: liThe Planning Commission may make an
exception to those conditions because of terrain or other factors
providing that finding No.3 of Section 1 has been metll.
Staff was directed to draft language to that effect.
The Mayor thanked the Ad Hoc Committee for an outstanding job:
for bringing matters to their attention and expressed the oplnion
that this discussion will result in a better ordinance and he
applauded their efforts. The other Council members agreed.
Vice-Mayor Smith complimented Staff on their report.
J . ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Spratling adjourned the meeting at 10:45 P.M.,
sine die.
TOWN COUNCIL MINUTES #637
November 1, 1983
Page 6
MINUTES
TOWN COUNCIL
CALL TO ORDER
Mayor Spratling called the regular meeting of the Town Council of
the Town of Tiburon to order at 7:36 PM, Hednesday, October 19,
1983, in the Hi1arita Community Room, Tiburon, California.
A. ROLL CALL
PRESENT: COUNCILMEMBERS: BERGMANN, EDELSTEIN, ROCKEY, SMITH
SPRATLING
ABSENT: COUNCILMEMBERS: NONE
EX-OFFICIO: 'I'own Manager Klt:dnert, Director of
Community Development Hanna, Town
Attorney Conn, Town Engineer Bala,
Supt. of Public Works Brunini, Chief
of Police Bailey, Director of Finance
Nadritch, Minutes Clerk Hennessy
B. APPROVAL OF MINUTES
#634, September 21, 1983
Town Manager Kleinert stated that Richard Coombs, Ring Mountain,
Inc., requested that approval of the minutes be postponed pntil
the next meeting. Council agreed.
#635, October 5, 1983
Councilman Rockey requested the words "plans for" be inserted on
page 1, Item D, fourth paragraph, before "posting and staking.. ".
He also requested the words "Ring Mountain and" be deleted on the
last l'ine of the fifth paragraph. In the sixth paragraph,
Councilman Rockey requested the deletion of the words "to bring
Belveron Park into active status" and insertion of "for specific
recommendations for the Belveron Park land".
Councilman Smith requested a change on page 8, fourth paragraph
from the bottom, to read: "Vice-Mayor Smith stated there would
be some loss of sales taxes and business license fees, but that
the overall project would have a significant financial benefit to
the Town."
MOTION:
Moved:
Vote:
To adopt Minutes #635 as amended.
Rockey, Seconded by Bergmann
AYES: Bergmann, Rockey Smith
ABSTAIN: Edelstein, Spratling
c.
APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES
Mayor Spratling referred to a letter, dated October 5, 1983, from
the Bel vedere/'l'iburon Joint Recreation Conuni ttee which
recommended reappointment of Thomas Gram to their Committee.
Hoved:
Vote:
To appoint Thomas Gram to the BelvederejTiburon Joint
Recreation Committee
Edelstein, Seconded by Smith
AYES: unanimous
MOTION:
Councilman Rockey stated that Mr. Gram had been a member of this
Committee almost from its inception and his contribution has been
remarkable and commendable.
TOWN COUNCIL MINUTES #636
October 19, 1983
Page 1
D. . RECOGNITION OF CONTRIBUTIONS TO THE TOWN OFTIBURON
The Town Hanager introduced Dr. George Sugarman and reported to
the Council that Dr. Sugarman had donated three park benches and
plaques to the Town ~1ich have been installed along the multi-use
path in Richardson Bay Lineal Park.
Mr. Kleinert also announced that the Town had received a check in
the amount of $1,000 which he presented to the Council from Bill
Wagner who requested the money be specifically used to start a.
fund for improvements in Blackie's Pasture.
The Town Manager stated that these two gentlemen have taken a
leadership role in implementing one of the Finacial Advisory
Committee's recommendations to attract contributions to the Town
from local residents. Such contributions can be either for
specific equipment or projects, hopefully outlined in a Municipal
Gift Catalogue in the future.
Mayor Spratling stated these gifts represented generosity of the
highest magnitude and these gentlemen should be commended by the
Town for their generosity.
George Sugarman stated gifts like this on behalf of his family
and himself were far better than tombstones in remote cemeteries;
that it was an expression of his appreciation for living in such
a beautiful area. He also stated he would like to commend Lou
Brunini, who was most efficient in all aspects of the operation
of installing the benches and plaques. Dr. Sugarman then
received the personal congratulations and expressions of
appreciation from the Town Council.
Councilman Edelstein stated he had served with Bill Hagner on the
Board of Design Review. At that time, Mr. Wagner, having such a
deep appreciation for the community, had built a very detailed
and dramatic model of the CAL/TRANS proposal to divide Blackie.s
Pasture with the widening of Highway 131. His efforts and
personal contributions at that time were an important factor in
savin~ Blackie's Pasture.
E. Cm'IMISSION AND COMMITTEE ORAL REPORTS
The Council discussed the forthcoming meeting of the Town Council
to hear the reconunendations of the Ad Hoc Committee on the 2nd
Unit Ordinance. It was decided to reschedule the meeting to
Tuesday, November I, so that all members of the Council could be
present.
TIBURON REDEVELOPMENT PROGRAM STATUS REPORT
Mayor Spratling provided a detailed report of the current status
of the Tiburon Redevelopment Program and the Agency's progress to
date wi th the 'Fiscal Review COnuTIi t tee. He specifically outlined
the-proposed distribution schedule for the projected annual tax
increment from the future development. The projected annual tax
increment is $750,000 which would be received upon buildout in
1987. Of this amount, $75,000 would be distributed annually to
the taxing agencies, $135,000 for low and moderate income housing
and approximately $68,000 initially for administrative costs.
The latter decreases in later years. The balance of $472,000 is
required to fund a $3.5 to $4 million bond issue or loan from the
developer for 15 years at 10%. The life of the Redevelopment
Agency is restricted to 15 years and the bonded indebtedness
limit is $5,800,000. The Fiscal Review Committee is now
considering in what manner the $75,000 should be distributed to
the affected taxing agencies, as well as certain other potential
TOWN COUNCIL MINUTES #636
October 19, 1983
Page 2
financial reimbursement measures aimed at reducing any impact to
the taxing agencies. These include possible additional annual
tax increment, sales tax revenue, profit participation with
developer, and a reduction in the administrative expenses.
Francis Joyce of the Tiburon Peninsula Club, and Nat Marans asked
questions regarding the funding of the Redevelopment improvements
to which Mayor SlJratling responded.
BOY SCOUT TROOP 9
The Town Manager referred to a recent letter from Elizabeth
Terwilliger and stated that Boy Scout Troop No.9, sponsored by
the Rotary Club and their Scout Master Ron Kosciusko would be
conducting a Richardson Bay shoreline cleanup on November 5, and
in the spring of 1984 they hoped to pursue removing the old boats
in the South Knoll area of the Bay and installing steps at the
top of the McKegney Green Knoll.
F. PUBLIC QUESTIONS AND COMMENTS
There were none.
G. CONSENT CALENDAR
After discussion between Councilman Rockey and Town Manager
Kleinert it was agreed that Item 4 would remain on the Consent
Calendar subject to their future revision of Section 5.a of the
Marin County Major Crimes Task Force Joint Powers Agreeme~t.
MOTION: To approve the Consent Calendar consisting of:
1. POLICE REPORT (OctOber)
2. FINANCE REPORT (July)
3. CIBRIAN (Request to Delete Note from Final Map)
4. MARIN COUNTY MAJOR CRIMES TASK FORCE (Amend
Joint Powers Agreement)
5. MT. VIEW UTILITY UNDERGROUNDING ASSESSMENT DISTRICT
(Authorization to Enter into an Agreement with
Bank of America)
H. PUBLIC HEARINGS & BUSINESS ITEMS
6. MASTER AND PRECISE PLAN AMENDMENT (39 Main Street, Ordinance,
2nd Reading and Resolution)
Director of Community Development Hanna reviewed the Staff
report.
The Mayor opened the public hearing.
The Mayor expressed his disappointment; that the change of USe
was a loss of potential resource. Councilman Edelstein agreed
and stated although he was not in favor of the proliferation of
restaurants, he felt this change of uSe was unfortunate and he
was against it. The Town Manager also expressed his
disappointment and asked the owner's representative if there had
been any reconsideration of the application since they had asked
for a postponement of the hearing.
Jeff Portnoy, Esq., representing A. Rappaport owner, stated no
that they had been working with B.C.D.C. regarding the change of
use and still felt a restaurant was economically unfeasible.
TOWN COUNCIL MINUTES #636
October 19, 1983
Page 3
Councilman Smith stated that although he too was disappointed at
the change of use, the property owner had every right- to do
whatever he wanted with his property.
MOTION: To deny the request to change the first flooi
restaurant to office use - 39 Muin Street.
Moved: Edelstein
Motion fails for lack of a second.
MOTION:
Moved:
Vote:
To approve the amendment to the Precise Plan for 39 Main
Street
Slni th, Seconded by Rockey
AYES: Bergmann-, Rockey, Smith, Spratling
NOES: Edelstein
MOTION:
Moved:
Vote:
To read ordinance by title only.
Rockey, Seconded by Smith
AYES: Unanimous
The Mayor read "AN ORDINANCE OF THE TIBURON TOWN COUNCIL
APPROVING THE AMENDMENT TO THE MASTER PLAN FOR 39
MAIN STREET"
MOTION:
Moved:
Vote:
To adopt the aforementioned ordinance.
Rockey, Seconded by Smith
AYES: Bergmann, Rockey, Smith, Spratling
NOES: Edelstein
7. MASTER PLAN AMENDMENT (Southern Pacific Downtown Development
Ordinance, 2nd Reading)
Director of COllulIuni ty Development Hanna reviewed the Staff
report; passage of first reading of the ordinance extending
construction time of the project, and the resolution passed at
the previous meeting. Mr. Hanna stated that the Board of
Adjustments and Review had made recommendations for modification
of the commercial area and he reviewed these recommendations.
Ned Forrest of the BAR stated that the arcade had been on the
original design of the buildings and they felt it was an
important feature which should be retained.
Mr. Hanna stated that the modifications proposed by the BAR could
be worked out dt a later date and that the Council could pass
second reading and adoption of the Ordinance.
The Mayor suggested a change in the ordinance as follows: "the
developer shall use its best efforts to complete construction
buildout within 30-months and in any event construction buildout
shall be completed within 42-months". He also suggested adding
at the end of text as written "construction of all public
improvements including but not limited to certain items (to be
included later) shall be completed within 18-months from start of
construction". The Mayor stated he had a list of the items to be
completed with.in 18-months which includes roadways, flood
con~rol, restoration of the marsh, shoreline park, public
parking, water sewerage system, etc. The wording change is
consistent with the discussion at the last meeting and clarifies
the intent of the Town and applicant.
Glen Calkins, Project Manager for Southern Pacific, stated he had
no major qualms about the proposed change, however there were
minor concerns. The marsh area was the responsibility of the
Town and the developer had an interest to make the area as
appealing as possible for the proposed sale of the first units.
Mr. Calkins described their proposed efforts to reroute traffic
through the property and not along Tiburon Boulevard which could
conflict with the Beach Road extension in the initial stages.
Councilman Smith stated that although there had been a lot of
TOWN COUNCIL MINUTES #636
October 19, 1983
Page 4
discussion regarding phasing the project, . the resolution they had
adopted and the ordinance proposed did not cover a phasing
schedule.
In response to Councilman Bergmann, the Town Engineer .stated
there could be problems if the schedule was limited fa 18-months.
Councilman Edelstein suggested a two phase time schedule such as
18-months for s~ne aspects, 6-months or 24-months for others.
Town Attorney Conn stated the Town could amend the time limits if
necessary but saw a problem with enforcement. The Mayor asked
about setting up a penalty provision in the event that there .
hadn't been good faith compliance such as a certain dollar amount
per day. Town Attorney.Conn suggested that certain aspects be
completed before other improvements are conunenced. Councilman
Edelstein suggested that the ordinance state a phasing plan would
have to be submitted by a certain date. Town Attorney Conn
agreed. Councilman Rockey suggested that the Council could
provide for approval of a phasing plan by resolution and
modifications be made by resolution if needed, and he would
support that idea. The Town Engineer stated that public
improvements need to be defined.
The Mayor proposed a change in the ordinance to read
"construction of all public improvements shall be in accordance
with a phasing schedule to be submitted to the Town Engineer for
approval. The initial schedule and any amendments thereto shall
be approved by Resolution of the Town Council. II This would
replace the wording specifying an 18-months completion schedule
for certain items.
Discussion continued regarding enforcement problems if the time
schedule was not met and the Town Engineer stated that at the
time of signing the final map, the Town would have a bond "which
will guarantee that public improvements will be in place and that
the time phasing could be put into the bond. If the developer
failed to finish the public improvements, the Town could pick up
the bond and finish them for the developer.
Mr. Dave Irmer, representing Innisfree, the prospective buyer of
the project, expressed concern about too many restrictions being
placed on the project that would hinder obtaining financing; all
building permits will be taken out at the same time and all the
work will be financed and bonded at the same time; that there
were restrictions of construction time between 8 a.ffi. and 5 p.m.,
five days a week, and the question would be whether it was
feasible to proceed with a project given the considerations of
weather, strikes, material shortages, etc. Mr. Irmer and the
Town Engineer agreed to work out a phasing schedule within the
next 30-days. The Town Engineer stated they would work with
P.G.&E., the water district and other agencies and they would
have some allowance for slippage. Mr. Irmer stated they planned
to do as much site work as possible all at once; that they had
some wet areas that had to be surcharged and didn1t know the
length of time it would take.
The Mayor ope~ed the public hearing.
Joan Bergsund stated she had been disturbed that the ordinance
had passed first reading extending construction time to 42-months
and was glad to see the changes being proposed by the Council
this evening. She stated that redevelopment of the marsh area
had some fairly stringent factors involved that could only be
done at certain times of the year and would like that taken into
consideration when discussing the public improvements phasing.
Mayor Spratling concurred.
Louise Mirata, Lyford's Cove/Old Tiburon Property Owners
Association, stated they had held a meeting and most of their
concerns had been addressed this evening. They felt their area
would be most heavily impacted; that they had been through the
TOWN COUNCIL MINUTES #636
October 19, 1983
Page 5
..
sewerage treatment plant expansion and that their suggestion was
the extension of time should have some sort of penalby clause.
Mrs. Mirata stated the Association also felt very strongly that
the tennis court site should be a Town Hall site.
The Mayor stated he felt strongly about acquiring a new Town Hall
site, but the Council had a Master Plan before them that did not
include this and it was outside of consideration now.
Nat Marans stated that the offer had been made by the developer
to allow the Town to have that site for a new Town Hall and the
offer should be considered as a change of the Master Plan.
Councilman Edelstein agreed that the property may have or should
have contained a Town Hall site: that it was not necessarily the
only spot for a Town Hall; that the developer was proposing that
in lieu of expensive construction of tennis courts the Town could
have the property: that in the referendum people voted for many
things and some people felt very strongly about the tennis
courts: that is one reason the applicant has withdrawn that
proposal; that since this subject has been through a referendum,
he felt constrained to follow the mandate.
The Mayor closed the public hearing.
The Mayor reviewed his amendments in the form of a motion to read
"that construction shall be diligently and continuously purused
until completion. The developer shall use its best efforts to
complete construction buildout within 30-months and in any event
construction buildout shall be completed within 42-months except
for delays caused by govenmenta1 agencies. Construction of all
public improvements shall be in accordance with a phasing
schedule to be submitted to the Town Engineer. ,The ini tiql
schedule as well as any amendments thereto shall be approved by
resolution of the 'rown Counci 1. "
MOTION:
Moved:
Vote:
To read by title only.
Rockey, Seconded by Bergmann
AYES: Unanimous
The Mayor read AN ORDINANCE OF 'l'HE TOHN COUNCIL OF THE TOWN OF
TIBURON APPROVING MODIFICATIONS TO THE NOTHWESTERN PACIFIC MASTER
PLAN.
HOTION:
Moved:
Vote:
To adopt the aforementioned ordinance, incor.porating by
reference previous amendments.
Spratling, Seconded by Smith
AYES: Bergmann, Edelstein, Rockey, Smith, Spratling
NOES: None
The Council then reviewed the previously adopted Resolution and
the recommendations of the Board of Adjustments and Review. Glen
Calkins provided a scale model of the project and there was
extensive discussions regarding the BAR recommendations.
Councilman Edelstein stated he was as concerned as the Board is
about the appearance on the waterfront side of the waterfront
housing, he thought that it could be mitigated with good
landscaping and that can't be done by puny five gallon
(plantings) and he thought there must a very careful review by
the BAR based on a very careful set of landscaping drawings at
least in the Bayside area at the proper time. Mr. Calkins stated
that they understood his concerns and Guzzardo Landscape
Architects were presently reviewing his concerns; that they saw
the justification for them and would try to maintain the physical
greenery.
The Mayor invited the public to approach the Council table and
review the scale model.
TOh1N COUNCIL tvlINUTES #636
October 19, 1983
Page 6
There was considerable discussion regarding the arcade and the
awnings.
The Mayor stated it was the consensus of the Council to return
the matter to the BAR for their meeting Thursday nig~t for
additional comments; that everyone was delighted with the eight
foot addition of public walkway, but there were still some '
concerns about the awnings and the arcade.
Councilman Edelstein stated the BAR should review the details of
the landscaping on the Bayside housing and fencing to mitigate
concerns expressed. Council agreed that the minutes would
reflect their strong concern and that the BAR be charged with a
careful review of the landscaping plan with particular attention
directed to softening the effect of the Bayside housing.
8. DOWN'fOHN TIBURON BOULEVARD IMPROVEMEN'l'S (Approve Program
Supplement No.4 Subject to Southern Pacific Funding
Participation Confirmation - Agreement and Resolution)
Glen Calkins stated that as he had previously told the Town, the
Southern Pacific Co. intended to support the guarantee of
$550,000 for the street improvements if they could solve the
other problems and that's still their position. The Board of
Directors of Southern Pacific would meet next week and would then
make a statement
The Mayor continued the item.
I. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS
9. Memo from Superintendent of Public Works to the Town Manager,
dated 9/15/83 (Cutting/Topping of eucalyptus trees at Town
Hall)
Town Hanager Kleinert reviewed the Staff report which indicated
there were six eucalyptus trees around Town Hall and the Police
Department which needed to be trinuned, pruned or cut down. The
Town Manager stated it was his reconunendation to trim them as
much as possible and plant other trees around them.
Mr. Dave Teather suggested Ted Kipping, Tree Shaper, who had
performed some work for him on cypress trees in their area.
MOTION: That the Town Manager utilize the resources of the
citizens and very carefully look into major surgery
rather than removal.
The Superintendent of Public Works strongly objected to trimming
of the trees; that eucalyptus trees can't be trimmed to look
good; that regrowth presents a hazard and the Town should be
prepared to continue trinuning them on a yearly maintenance
program.
AMENDED MOTION:
To plant small trees around the existing
eucalyptus trees so that when the next time the
eucalyptus trees have to be trimmed, the new
trees will be of sufficient size to take over
and the eucalyptus trees can be removed.
Edelstein~ Seconded by Spratling
AYES: Unanimous
Moved:
Vote:
10. Letter from Marin Chapter of the U. S. Committee for UNICEF
(Requesting October 31 be Proclaimed National UNICEF DAY)
The Mayor noted the request and the Town policy not to issue
Proclamations unless involving local activities.
TOWN COUNCIL MINUTES #636
October 19, 1983
Page 7
J. CLOSED SESSION
Council adjourned to Closed Session to consider current
litigation.
K. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, t-layor Spratling adjourned the meeting at 11:05 p.m. I to
Tuesday, November 1, 1983 to consider e Second Unit Ordinanoe.
TOWN COUNCIL MINUTES #636
October 19, 1983
Page 8
MINUTES
TOWN COUNCIL
CALL TO ORDER
Vice Mayor Smith called the regular meeting of the 'I'own Councll
of the Town of Tiburon to order at 7:33 P.M., Wednesday, October
5, 1983, in the Hilarlta Community Room, Tiburon, California.
A. ROLL-CALL
PRESENT: COUNCILMEMBERS: Bergmann, Rockey, Smith
ABSENT: COUNCILMEMBERS: Edelstein, Spratling
EX-OFFICIO: Town Manager Kleinert, Director of
Community Development Hanna, Associate
Planner Walsh, Deputy Town Attorney
Ragghianti, Town Engineer Bala, Supt.
of Public ~vorks Brunini, Chief of
Police Bailey, Director of Finance
Nadritch, Minutes Clerk Hennessy
B. APPROVAL OF MINUTES
#634, September 21, 1983
Director of Community Development Hanna stated that Richard
Combs, representing Ring Mountain, Inc., had requested that
approval of the minutes be postponed until he had an opportunity
to review them. Council agreed to postpone approval of the
minutes until the next regular meeting.
C. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES
Vice rvIayor Smith reminded the Council they would be conducting
interviews for vacancies on the Town's Commissions, Boards and
Committees at 6:45 p.m., October 19, and invited interested
persons to send their applications to the Town Hall.
D. COMMISSION AND COMMITTEE ORAL REPORTS
Associate Planner Halsh reviewed the Staff report from the Parks
and Open Space Commission and introduced Chairman David
Kirchhoff.
Chairman Kirchhoff stated the Commission felt it would be useful
to review the scope of projects for the upcoming year in order to
receive Council's comments and begin to incorporate them into the
budget process.
Vice Mayor Smith stated the parking plan for Blackie's Pasture
should become an agenda item so that the Commission would have
the benefit of the Council's views and guidance.
Councilman Rockey recommended that the Parks & Recreation
Commission refer the plans for posting and staking of the lanes,
paths and trails to the Council for implementation. Money has
already been budgeted for this purpose.
Councilman Rockey asked the Commission to investigate the
possibility of the Nature Conservancy taking an active role in
maintenance of lanes and paths in open space areas, particularly
LaCresta.
Councilman Rockey also expressed concern about developing
Zelinksy Park when Belveron Park sits in limbo: asked cownission
for specific recommendations for the Belveron Park land.
TOWN COUNCIL MINUTES #635
October 5, 1983
Page 1
Chairman Kirschhoff stated they have considered returning it to
the Belveron Homeowners Association.
E. PUBLIC QUESTIONS AND COMMENTS
There were none.
F. CONSENT CALENDAR
Councilman Rockey requestl:::!d that Item 2 be removed and considl:::!red
with the entire Ring Mountain resolution, and also moved Item 10
to the ConSl:::!nt Calendar. Town Manager Kleinert requested movlng
Item 12 as review of the bidding information and requesting no
formal action.
MOTION: To adopt the Consent Calendar consisting of the
following items:
3. CLAIM FOR DAMAGES (Robert Moseley, Recomml:::!nd Denial)
4. LA CRESTA TENTATIVE MAP (Extension of Time -
Resolution)
10. SET JOINT PUBLIC HEARING DATE \11TH REDEVELOPMENT
AGENCY ON PROPOSED REDEVELOPMENT PLAN (Resolution)
12. Memo from Town Manager to Town Council, dated
10/5/83, (Consultant1s Bid for Preliminary Drawings
for the Municipal Parking Lot by Hrnae Savings)
Moved:
Vote:
Rockey, Seconded by Bergmann
AYES: Unanimous
G. PUBLIC HEARINGS & BUSINESS ITEMS
5. SECOND UNIT ORDINANCE (Ordinance, 1st Reading)
Associate Planner Halsh reviewed the staff report. The proposed
Ordinance had been revised by thl:::! Town Attorney to reflect
discussions at previous meetings.
Councilman Bergmann questioned Section "L" (Violations -
Infractions) and the wording 1I...not to exceed $500.00.11 Deputy
Town Attorney responded that penalties werl:::! at the discretion of
the Court and this Section stipulated a maximum penalty. A civil
proceeding would be handled under Section "WI, and infractions
are described in the Zoning Ordinance.
Associate Planner Halsh brought to the Council's attention a
letter submitted to the Town on October 3, 1983 from Robert H.
Ross, 16 Reed Ranch Road.
The Town Manager read a letter received on October 5 from Diane
Lynch, 7 Hi1kins Court, in favor of second units.
Vice Mayor Smith imposed a limit of one hour for discussion and
proposed a special Council meeting, time to be set, to continue
discussion of this item at a later date.
Ann Ross, 16 Reed Ranch Road, read a statement from The Tiburon
Forum, which expressed their views that the proposed Ordinance
had unresolved problems of enforcement; urged conversion of
existing detached structures or construction of new detached
units be barred: that the proposed Ordinance did not meet the
State1s objective to provide additional housing for the elderly:
that more restrictions were required for owner residency
requirements.
Eric Schmidt expressed his concerns as a nightmare of non-
enforcement of the Ordinance.
Beverly Marcus, Vistazo West, stated her disappointment at the
way the ordinance is progressing. She referred to SB1534 and
TOHN COUNCIL MINU'l'ES #635
October 5, 1983
Page 2
SBl160 which were addressed to housing for the elderly; low
square footage and occupancy by one person. She stated other
communities have totally turned down second units, i.e., Berkeley
and Sausalito. San Anselmo has instituted rent control for
second units. She expressed her opinion that there is a great
need for senior citizens' housing.
Nat Marans, Spanish Trail, stated the Lyford Cove/Old Tiburon POA
had been trying to abate illegal second units to no avail. He
referred to Section "L" and suggested the first sentence be
deleted and a stipulated amount be used, removing the variable
amount. He also supported comments made by Mrs. Marcus, housing
for the ~lderly or low/moderate income persons, and a condition
of at least 10,000 sq. ft. be required to remove possibility of
second units in duplex zone.
Mr. Robert Marcus questioned why the Planning Commission did not
include the aged and elderly in this Ordinance.
Mrs. Schmidt stated she understood the State deadline had been
postponed. Ms. Walsh stated that July I, 1983 was the deadline
for adoption of the ordinance and if an ordinance has not been
adopted either allowing or rejecting second units, then the Town
must approve a 2nd unit 120 days after an application is
submitted if it meets the State requirements. The Town had
received an application on September 7 and it should be deemed
complete by October 7. Mrs. Schmidt suggested using the State
ordinance.
In response to Vice Mayor Smith's question regarding the State
ordinance, the Deputy Town Attorney stated the Town would not be
precluded from submitting their own ordinance after the July 1
deadline; that it would be mandatory to grant the Use Permit,
however there could be more discretion in an ordinance adopted by
the Town than State law.
Jan Sheets, Borrell Court, questioned 1>age I, section (b) "The
conversion of any previously uninhabited portion of a single-
family unit" and stated she would like to see garages excluded
for spaces allowed for conversion to second units. She applauded
Nat Maran's comments. She stated the proposed ordinance didn't
abide by restrictions as suggested by the state ordinance; that
we should exclude duplexes from being the site of future
additions.
There was discussion between Mr. Schmidt, the Town Attorney, the
Town Manager and Council regarding enforcement procedures.
Louise Mirata, 2305 Paradise Drive, stated she would like to have
the 1st reading of this ordinance continued and the entire
ordinance restructured. She stated she had copies of all the
ordinances passed in the County and felt ours was the weakest;
that the proposed ordinance didn't address affordable housing for
the elderly; she referred to San Anselmo's strict rent control;
that Larkspur had a residency requirement.
Ann Ross questioned Section "J" on page 7 and suggested the word
"may" be changed to "should".
Vice Mayor Smith requested Mrs. Ross to submit her version of
what the ordinance should entail, and she agreed.
Ms. Mirata stated that Use Permits should be recorded and
additional assessments paid.
Mr. Schmidt asked the Town Attorney if it was true that he had
advised the Town Council not to try to enforce this ordinance
because it costs too much. The Town Attorney responded that the
Town frequently spends Town money to enforce the zoning
ordinance; that he has never advised the Town Council not to
enforce the zoning ordinance.
TOWN COUNCIL MINUTES #635
October 5, 1983
Page 3
Mr. Schmidt asked the Council if it was their intent to enforce
this ordinance if it was enacted. Councilman Bergmann responded
that there was no doubt that enforcement was the weakest link in
the proposed ordinance; that the Council was doing the best they
could to come to a resolution of this action: that the basic
nature of Tiburon was single family homes; that if enforcement of
this ordinance appeared to be impossible, the Council would seek
some other action: that the Council was going through the public
hearings to come to the wisest choice possible; that the Council
had been given a State mandate and is still trying to get to the
right answers.
Mr. Schmidt stated he was given to understand that this Council
did not intend to enforce this ordinance. Councilman Bergmann
stated any ordinance enacted should be enforced; that laws
weren't made to ignore them; that Mr. Schmidt had made a sweeping
generalization that's not fair and that this Council is doing
their best and wants to enforce all ordinances.
Councilman Rockey stated he found it interesting that at the same
time the Council is questioned about its seriousness of enforcing
this ordinance, it has also been accused of enforcing the traffic
ordinance; that the Council does provide clear policy and
guidance to the Staff regarding enforcement of the ordinances.
Councilman Smith stated he is not making bargains with his fellow
Councilmen; that he is proud to be serving with these Councilmen
who care about their community and pay attention to their duties.
Louise Mirata asked that Item 9 be tightened up and not allow
detached units.
Vice-Mayor Smith stated that the intent of that item was to allow
existing units to be legalized, but not allow new detached units.
Helen Benedict stated it was clear we needed a second unit
ordinance, and also clear that the present one may not be able to
fulfill what Tiburon needs the most.
Ann Ross suggested a community co~nittee be fanned to work on the
ordinance and submit their version to the Council that could be
approved by the Town Attorney and Town Commissions.
Councilman Rockey stated it was within the authority of the Vice-
Mayor to appoint an Ad Hoc Committee and he would very much
welcome comments from those who have spoken at this meeting this
evening. He stated he also believed the ordinance as proposed
was inadequate and needed work; would welcome assistance from
different neighborhoods on the peninsula; suggested a special
Council meeting in three weeks to deal solely with the second
unit ordinance.
The Town Manager stated a new ordinance would have to go back to
the Planning Commission for review with this procedure.
Vice-Mayor Smith stated the Planning Commission had five meetings
on this subject; that he would like an Ad Hoc Committee, Chaired
by Mrs. Ross, to provide recon~endations to the Town Council, who
will debate the issues and if its is a great deal different
return it to the Planning Comnlission for their comments.
Councilman Rockey supported the idea of returning the Ad Hoc
Committee recommendations directly to the Council.
Director of Community Development Hanna stated that the Planning
Commission had a draft ordinance which was refined during their
five meetings; that they wrestled with whether there should be
detached units, R-2 zone exclusions, etc. If the intent is to
adopt a second unit ordinance, the Town Council should decide
what they want in the ordinance; that the wording can be changed
To~m COUNCIL MINUTES #635
October 5, 1983
Page 4
by the Town Council and Town Attorney: that it would be
unfortunate if in two weeks we are presented with a new document
which has not been acted upon by the Planning Commission; that he
would hope the Committee would work within the guidelines of this
proposed ordinance.
Nat Marans stated that the Planning Commission listened to them
but with diverse opinions: that tonight's meeting was an appeal
of their decisions; that they were trying to recap, revise and
possibly re-write the _ordinance.
Mrs. Ross stated she didn't think the Staff had done a good job
rewriting the ordinance. Councilman Rockey stated he thought the
Staff was correct: this document has the majority support of the
Planning Commission.
Mrs. Ross stated she would seek committee members from the
Tiburon Forum.
Councilman Bergmann stated she would like to see a broad spectrum
of the population of Tiburon represented on the Committee.
Vice-Mayor Smith appointed Mrs. Ross to Chair the Ad Hoc
Committee.
Vice-Mayor Smith closed the public hearing. He continued the
item to a special meeting, the date to be set later in the
evening.
Councilman Rockey stated he had some concerns about the proposed
ordinance. One major issue was he didn't agree that emphasis
should be placed upon the elderly: that the demographics in Marin
County were clear: that we were heading toward a single parent
life style: that it is essential that we recognize that situation
and need to address it: that we also needed to provide housing
for young people to keep from becoming a one layer stratified
community.
Councilman Bergmann stated she was concerned about converting
detached structures into second units because of the potential of
converting them to something else: that if the unit is inside
there is more control: that she also shared Councilman Rockey's
views about limiting these units for the elderly: that she
doesn't want to freeze out the possibility of single parents
living in Marin County: that a healthy cOlnmunity is a balanced
community and we must keep trying to keep that atmosphere in this
Town.
The Town Manager stated that Councilman Edelstein was also
concerned about the rigidity of the ordinance in addressing the
detached or unattached units issue. He prefered determinations
be based on a case by case basis.
Vice-Mayor Smith stated he was not in favor of second units where
there are duplexes; that it was a real density issue and he
leaned very heavily against it: that he was hopeful the Town
could be divided into zones to assess the density in those zones
as it exists now and using a formula for how many second units
the Town will allow; that he would like to relate it to the
Town's obligation to the State that has proscribed a certain
amount of low and moderate income housing.
In response to Louise Mirata's question as to whether the Council
was in favor of rent control so that we can serve the moderate
and low income people, Vice-Mayor Smith suggested it be included
in the Committee's recommendations.
Vice-Mayor Smith set Thursday, 7:30 P.M., October 27, 1983 as a
special Council meeting to review the Ad Hoc Committee's
TOWN COUNCIL MINUTES #635
October 5, 1983
Page 5
recommendations and advised them that their input was needed by
Town Hall early Friday, October 21 for distribution to the
Council.
Councilman Bergmann suggested the Ad Hoc Conmlittee review all the
material discussed at the Planning Commission meetings.
6. ~lEND BUILDING ENVELOPE (George Somps, 181 Avenida
Miraflores - (Resolution)
Associate Planner Walsh reviewed the Staff report which offered
three choices of action for the Town Council to consider: (1)
leave the property as is; (2) require the property owner to
remove all improvements outside the established building envelope
and (3) amend the building envelope to include those
improvements. Ms. Walsh stated that the variance procedure did
not apply to this situation and that Staff recommended adopting a
Resolution which would amend the Pecise Plan/Tentative Map for
this property.
The Building Inspector recommended that structural calculations
be done on the retaining wall. In response to Councilman Rockey,
the Town Engineer stated it might not be practical to perform an
x-ray inspection on the wall and suggested removing a portion of
the wall to check the reinforcement material, and if there is no
reinforcement material, the wall would have to be removed. The
Town Attorney stated he could not respond without more
information regarding the Town's liability if no inspection was
performed.
After further discussion, the Council decided to amend Section 2,
Item 4 to read "Applicant shall submit structural calculations
ii1~9i 5!...r evidence that steel...".
Vice-Mayor Smith opened the public hearing.
Mr. Raggio was present to represente the applicant. There being
no further discussion the Vice-Mayor closed the public hearing.
MOTION:
To adopt resolution approving an amendment to the
Precise Plan/Tentative Map for the Avenida Miraflores
subdivision as amended.
Rockey, Seconded by Bergman
AYES: Unanimous
Moved:
Vote:
7. STRAHBERRY AREA ANNEXATION STUDY (LAFCO Presentation of
Annexation Feasibility Study to the Council)
The Town Manager reviewed the Staff report and advised the
Council that their action this evening was to formally receive
the annexation report prepared by Angus McDonald & Associates,
and after a brief summary of the report by Mr. McDonald, it would
be appropriate for the Council to formulate comments and/or
recommendations for LAFCO's public hearing next Thursday.
Angus McDonald ~eviewed highlights of the Report. He stated some
residents were concerned their property taxes would rise if they
were annexed, yet this was impossible since June 6, 1978 and
passage of Proposition 13; that there was no overwhelming desire
of the Strawberry residents in favor of annexation; that there
was more support for annexation to Tiburon than Mill Valley. He
then reviewed the four alternatives of the Report, and their
recommendation of Alternative "D".
Vice-Mayor Smith opened the public hearing.
Bob Rogers, 60 Pamela Court, questioned the division of the Bel
Aire community be using Blackfield Drive as a boundary line: that
Pamela Court was west of Blackfield Drive, and suggested using
the drainage ditch as a boundary mark. Mr. Rogers also
TOWN COUNCIL MINUTES #635
October 5, 1983
Page 6
questioned page 11, Table 1-5; road funds; and Mr. McDonald
acknowledged there was a mistake in the Table and it would be
corrected, as well as on page 56. Mr. Rogers referred to page
62, Item C-l, Building Inspection and stated he would like to see
a table presented which would actually show costs to homeowners
that may be associated with home improvements and additions.
Mr. Rogers referred to page 54, Con~unity Support, Sectiion 3,
Item a, and questioned the findings that 41% of the respondents
were in favor of annexation. He stated that it's the Bel Aire
Homeowners Association's feeling that at this time the community
of Bel Aire is not strongry leaning toward annexation and
realizes it is just part of an area which includes a larger area.
Bill Crosby, Tiburon Hills Estates subdivision, stated that the
character of Tiburon Hills and Pelican Hill was entirely
different than Bel Aire since they were apartments and not single
family homes; that their needs for services were somewhat
different; that they felt response time for police was a big
issue. He suggested that LAFCO consider the possibility of
annexing Tiburon Hills, Pelican Hills, Cove Shopping Center and
the Highlands, and not force Bel Aire to be included.
Virginia Brunini, Karen Hay, stated property lines of Pamela
Court extended beyond the ditch area and Mr. McDonald agreed to
clairfy the situation with LAFCO and not split the Bel Aire
community.
In response to Vice-Mayor Smith's request for comments and
recommendations, Councilman Rockey stated he basically supported
the recommendations in the Staff report, with the following
changes:
3. First sentence remains the same. Second sentence deleted and
the following inserted: "~fuile Tiburon will not initiate
annexation proceedings, the Town will continue to support efforts
of annexation, provide information, or such other general
assitance as may be needed by Strawberry residents to evaluate or
further consider annexation on their part."
4. The word "should" be changed to "may".
MOTION:
To recommend preparation and transmittal of the amended
recownendations, including the summary paragraph of the
Staff report to LAFCO.
Rockey, Seconded by Bergmann
AYES: Unanimous
Moved:
Vote:
8. PRECISE PLAN AMENDMENT (Zelinsky Ark Row) - Resolution)
Director of Community Development Hanna reviewed the Staff
report. The Planning Commission had recommended approval of an
amendment to the Precise Plan to allow the construction of a 900
square foot building along Ark Row between the parking lot fee
booth and the Tiburon Vintners Building. The Cownission was
concerned about,the future extension of Juanita Lane and also the
parking allocation for Main Street Properties. Included in the
resolution approving the Precise Plan amendment is the condition
requiring a parking study to be prepared and submitted by the
applicant prior to issuance of a Building Permit.
Vice Mayor Smith opened the public hearing.
Lee Carney, architect, stated they agreed with the conditions and
are in the process of the parking study as proposed.
The Council studied the drawings for Site Plan "B" of the Gateway
Building. Mr. Hanna stated that this plan brought the Zelinsky
Master Plan close to maximum density without exceeding square
TOWN COUNCIL MINUTES #635
October 5, 1983
Page 7
footage allocated to the Zelinsky Master Plan.
The Vice-Mayor closed the public hearing.
MOTION:
To adopt the resolution recommending approval of the
amendment to the downtown precise plan for the Gateway
Building on the condition the applicant can provide five
parking spaces.
Bergmann, Seconded by Rockey
AYES: Unanimous
Moved:
Vote:
9. SOUTHERN PACIFIC DOWNTOWN DEVELOPMENT (Master and Precise
Plan and Tentative Map Amendment - Ordinance and Resolution)
Director of Community Development Hanna reviewed the Staff
report. The applicant has withdrawn his request to delete the
two tennis courts. The change in the Master Plan was an
extension of construction time from 30 months to 42 months and
would require passage of an ordinance. The Planning Commission
was concerned about the extension of time and requested a
specific schedule of how the improvements are to proceed. The
proposed resolution addresses the concerns of the Planning
Commission.
Mr. Hanna stated that the resolution required only one reading,
and suggested it could be postponed until the full Council was
present; that the ordinance required two readings, and it would
be appropriate to discuss Council's concerns.
In response to Councilman Bergmann, Mr. Hanna stated that the
Beach Road connection would be constructed; that the Planning
Commission recommended that the area of the tennis courts be
graded and leveled for a possible site for future construction.
Glen Calkins, Project Manager for Southern Pacific, stated the
idea of eliminating the tennis courts was that the prospective
buyer felt the area might be better utilized by the Town as a
site for a new Town Hall or Community Center, but there had been
some opposition and the request was withdrawn.
Mr. Calkins reviewed all the various changes on the submitted
drawings, (Sheet Ll, Site Plan; Sheet L2, Proposed Plaza Plan;
Sheet A, Elevations (Bayside): Sheet B, Elevations (Bayside)
Sheet 6, Building #13 Elevations) and scale model of the project.
Vice-Mayor Smith opened the public hearing.
Ann Ross, Reed Ranch Road, asked if the reduction in office space
would have a financial impact on the Town. Vice-Mayor Smith said
there would be some loss of sales taxes and business license
fees, but that the overall project would have a significant
financial benefit to the Town.
Anthony Guzzardo, landscape architect, commended the Southern
Pacific Development Company for their honesty in bringing up some
of the conditions of the economic process they were involved with
in order to get the financing for this project.
Nat Marans stated he would like further consideration of the
offer for space for a new Town Hall.
Steve Hanat, supported the lower buildings. He stated that
according to the submitted plans, Southern Pacific had already
used up their allowable square footage and the two acres proposed
for the tennis courts should remain in open Space: that the 5,000
sq. ft. deleted from commercial space and moved into residential
space results in a longer front to the buildings. He was most
disturbed by the proposed extension of time for construction.
TOWN COUNCIL MINUTES #635
October 5, 1983
Page 8
Chuck Koehler expressed concern over the extension of time and
suggested a compromise of 36 months: that someone had originally
estimated the project could be completd in 30 months: that 42
months is an imposition on the community. He agreed with the
overall design.
Dr. Maureen Miekle strongly supported not extending the
construction time. She cited the noise problem in her area and
requested the 40-80 letters of complaint previously submitted
regarding the noise problem be reconsidered by the Council.
~/
Glen Calkins stated they have considered the noise and dust
problems and will take mitigating measures to keep these levels
down. He stated the request to extend the time was not for
active construction of 42 months on the site, but to be able to
secure financing on the project they must be able to indicate the
outside paramenters of construction: that the contractor would be
unable to sign a contract which stipulated 30 months: they were
not talking about a 42 month period of construction but extending
the allowance of a maximum time. He reviewed the construction
phases and stated the trucks would go along the construction site
and not on Town streets as much as physically possible. The
developer would like to complete the project within 30 months,
but it may not be possible.
Mr. Calkins responded to Dr. Miekle that the worst amount of
noise would occur in the early stages of development; that the
decible levels had been measured.
Mr.Calkins stated that the 30-month time frame had never been
tested by a contractor, and was accepted as something in the
ordinance. Chuck Kohler stated it was hard for him to believe
that Southern Pacific had accepted this condition without
knowledge of whether it was feasible. Mr. Calkins responded that
full design and drawings were needed to accurately determine a
construction schedule: that the limitation had been placed at the
Master Plan stage without the designs.
Tony Guzzardo stated he felt the Council could still consider the
tennis court area as a possible site for a new Town Hall.
Regarding the construction problems and inconveniences, he noted
the inconveniences sustained by neighbors of the sewerage
treatment facility improvements.
Kirk Hanson stated he and Phil Bass had spent hours with the
developer and the Town Engineer reviewing noise and dust
problems: that the developer would like to have the project
completed as quickly as possible: that construction loans were
high: that other developers for this project proposed piecemeal
construction: that he would assume Innisfree could not get their
loan unless they follow the guidelines of the contractor; that
they would want to get out of the construction loan and into a
commercial loan as quickly as possible.
Vice-Mayor Smith closed the public hearing.
Mr. Calkins objected to the Director of Community Development1s
suggestion that the adoption of the resolution be deferred to the
next meeting and requested Council to respond to the request for
Precise Plan amendments. In response to Vice-Mayor Smith, Mr.
Calkins stated they needed to get things moving and didn1t want
to lose any more time.
Mr. Hanna stated that Condition No. 7 should be deleted, as well
as Section 1.7.
Councilman Rockey supported Staff1s recommendation to delay
adopting of the resolution due to absence of two Council members,
who are also members of the Lands and Development Committee and
have spent a great deal of time on this project, and suggested
TOWN COUNCIL MINUTES #635
October 5, 1983
Page 9
the Council consider first reading of the ordinance which would
not prejudice the Town's position.
Vice-Mayor Smith stated he would like to cooperate with the
applicant; that there was nothing in the resolution that hasn't
been discussed at other meetings and levels, particularly if you
remove the request to drop the tennis courts.
Councilman Rockey stated he didn't disagree; that there was
nothing to prevent the developer from proceeding; didn't see that
it would prejudice the developer's position to wait for a full
Council.
Mr. Kleinert supported Councilman Rockey's position to defer
action on the resolution, but proceed with 1st reading of the
ordinance.
Councilman Rockey stated the reversionary clause should be
examined carefully; that he didn't subscribe to the comment that
this is the last chance for the Town to have a public facility in
the downtown area. Councilman Bergmann stated she didn't want to
lock the Town out of getting a little piece of land if possible.
Mr. Calkins stated he was concerned with the time frame to get
everything done by the end of December; that there is a State
code change effective January 1 for attached housing that
increases the amount of insulation and reduces the amount of
glass area which would reduce view lines: that further delay
would be a severe hardship to this escrow.
Councilman Bergmann stated she had no problem with increasing the
time frame to 36 months.
Vice-Mayor Smith stated the applicant had presented an eloquent
argument in favor of },Jassing the resolution: that he wanted this
project to proceed: that the Town has invested time and money to
form a Redevelopment Agency to assist this development.
Councilman Rockey stated nothing prevents the developer from
proceeding: that he can assume the resolution has been ~ssed and
wait for the full Council; that any resolution passed can be
amended in the future; that his standing in the cOHununi ty would
be stronger if he had the backing of the full Council: didn't
necessarily support the fact he wanted to skate under the wire of
this code change: that people who buy these buildings would be
paying higher energy costs; that he basically had no problem with
the elements of the resolution.
Councilman Bergmann sugsested reducing the time frame to 36
months.
Vice-Mayor Smith stated he had no problem with the 42 months, but
also as a member of the Redevelopment Agency he would initiate an
incentive to get the construction done earlier.
Councilman Rockey stated he would consider the ordinance on the
clear understanding that this was first reading of the ordinance
and he reserved the right to talk to more people for more
objective evidence for the extension of time to 42 months.
Town Manager Kleinert stated that Dr. George Sugarman had called
Town Hall to object to the extension of time and suggested a
penalty clause of $3,000-5000 per day for construction beyond the
deadline.
Councilman Rockey stated that it was his understanding that
there's quite an incentive for completion: that if the project
wasn't completed on time, it could be halted.
TOvlli COUNCIL MINUTES #635
October 5, 1983
Page 10
Mr. Kleinert stated Councilman Edelstein had expressed concern
regarding the proposed landscaping plans, and strongly urged that
lush landscaping be used, expecially along the waterfront side
and the fencing between buildings.
lvl0TION:
Moved:
Vote:
To read by title only.
Rockey, Seconded by Bergmann
AYES: Unanimous
\
\
Vice-Mayor Smith read "AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOHN OF TIBURON APPROVING MODIFICATIONS TO 'l'HE NORTHHESTERN
PACIFIC MASTER PLANII
MOTION:
Moved:
Vote:
To pass first reading of the aforementioned
Rockey, Seconded by Bergmann
AYES: Bergmann, Rockey, Smith
NOES: None
ABSENT: Edelstein, Spratling
ordinance.
Councilman Bergmann in considering the resolution stated she
reserved the right to change her opinion on the basis of any
additional information from the Lands and Development Committee
to make the necessary modifications.
MOTION: To adopt the resolution recommending approval of
modifications to the Northwestern Pacific Precise
Plan/Tentative Map, as modified by deleting Section 1.7
and Section 7.
Moved: Bergmann, Seconded by Smith
Vote: AYES: Bergmann, Smith
NOES: Rockey
ABSENT: Edelstein, Spratling
H. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS
Continued to next meeting.
J . ADJOURNMENT
Being no further business of the Town Council of the Town ot
Tiburon, Vice-Mayor Smith adjourned the meeting at 11: 59 p.m..
sine die.
R.
TOWN COUNCIL MINUTES #635
October 5, 1983
Page 11
MINUTES
TOWN COUNCIL
CALL TO ORDER
Mayor Spratling called the regular meeting of the Town Council of
the Town of Tiburon to order at 7:410 p.m., ~vednesday~ September
21, 1983, in the Hi1arita Community Room, Tiburon, California.
A~ ROLL-- CALL
PRESENT: COUNCILMEMBERS: BERGMANN, EDELSTEIN, ROCKEY, SMITH,
SPRATLING
ABSENT: COUNCILMEMBERS: NONE
EX OFFICIO: Town Manager Kleinert, Director of
Community Development Hanna, Associate
Planner Ha1sh, Town Attorney Conn,
Town Engineer Ba1a, Superintendent of
Public Works Brunini, Chief of Police
Bailey, Director of Finance Nadritch,
Minute Clerk Hennessy
B~ APPROVAL OF MINUTES
#633, September 7, 1983
MOTION:
Moved:
Vote:
To adopt Minutes #633 as submitted.
Bergmann, Seconded by Smith
AYES: Bergmann, Smith, Spratling
ABSTAIN: Edelstein, Rockey
c.
APPOINTMENTS. TO. COMMISS IONS, BOARDS, COMMI'I'TEES
The Mayor asked the Council when they would like to conduct
interviews for various vacancies on the Town's Commissions and
Boards, and it was decided to hold the interviews at 6:45 p.m.
October 19, 1983, prior to the regular Town Council meeting.
Staff was directed to notify the interested participants.
D. . COMMISSION AND.COMMITTEE ORAL REPORTS
HIGHWAY 101 TRANSPORTATION STUDY
Councilman Bergmann stated that the Highway 101 Transportation
Corridor Study's initial meeting was held on September 14, 1983
and was also attended by the Town Manager. There are 19 cities
and 6 transportation districts participating to work out a long
range plan for the 1101 corridor from San Francisco to Sonoma
County.
FERRY BOAT COMMITTEE
Councilman Rockey stated he and Councilman Gnoss of Belvedere
have had meetings with the Golden Gate Bridge District, MTC, and
Supervisor Aramburu concerning the Tiburon Ferry Service. They
are continuing a series of discussions to inform people of the
situation, seeking advice and guidance and hope to conclude these
meetings within 310 days and formulate a course of action for
consideration by the respective Councils.
REDEVELOPMENT AGENCY
The Mayor stated as Chairman of the Redevelopment Agency he and
the Town Manager had met with the Fiscal Review Committee of
Marin County. They reviewed the present progress of the
Redevelopment Agency, the limits we have set on the project
itself,the limits we have set for the amount of revenue to be
TOWN COUNCIL MINUTES #634
September 21, 1983
Page # 1
raised by the Redevelopment Agency~ the limits for our bonded
indebtedness and our limits for the number of years our agency
will be in existence. The Mayor stated we plan to provide them
with a proposal and it will be reported on in greater detail at
the next meeting of the Redevelopment Agency. Since that meeting
we have given both our economic and legal consultants directions
as to steps to take concerning the impacted taxing agencies.
LANDS & DEVELOPMENT COMMITTEE
The Mayor stated he and Councilman Rockey, as members of the
Lands and Development Committee, had met with Ring Mountain, Inc.
representatives to discuss certain changes in their plan and the
report would come out during tonight's discussion of the Ring
Mountain project.
E. PUBLIC QUESTIONS AND COMMENTS
The Town Manager stated that the Town had received a request from
the E1 Marinero Chapter of the Daughters of the American
Revolution requesting the Town to issue a proclamation in support
of Constitution Week, September 17-23, 1983. The Town Manager
stated he informed them that it was not Town policy to issue
proclamations~ except for local activities~ but that he would
publicly announce their request. The Mayor acknowledged the
request by the E1 Marinero Chapter of the Daughters of the
American Revolution.
F. CONSENT CALENDAR
Councilman Rockey suggested that Item 7 be moved to the Consent
Calendar. Councilman Edelstein objected.
MOTION: To adopt the Consent Calendar consisting of:
1. POLICE REPORT (August 1983)
2. TRAFFIC SAFETY COMMITTEE REPORT (September)
3. CLAIM FOR DAMAGES (SASM Cross Complaint Regarding
Belvedere Lagoon Flooding Claim - Recommend Denial)
Moved:
Vote:
Smith, Seconded by Rockey
AYES: Unanimous
The Town Manager stated that there was a request by Ke1s01and to
withdraw their application for Precise Plan Amendment at 1660
Tiburon Boulevard, and that there was a request from the
applicant that the Master and Precise Plan Amendment for 39 Main
Street, Ordinance 2nd Reading, be postponed to October 19.
G. PUBLIC HEARINGS & BUSINESS ITEMS
The Mayor advised that those waiting for the Second Unit
Ordinance public hearing be prepared that the Council might not
reach that item for quite some time: that the Council did not
want to postpone the Ring Mountain, Inc. hearing again and that
it might take up to two hours to complete.
4. AMEND BUILDING ENVELOPE (George Somps, 181 Avenida
Miraflores - Resolution)
Associate Planner Ha1sh reviewed the Staff report. The property
owner wanted to add a second story bay window above the existing
bay window in order to correct a leakage problem. Upon
application it was determined that the existing bay window was
outside the building envelope, and it was also discovered that
the existing swimming pool and concrete wall and decking were
also outside the building envelope. The present property owner
purchased the property in this condition. The Planning
commission agreed with Staff's recommendation of having a two-
tiered building envelope, one for the primary structure, the
TOWN COUNCIL MINUTES #634
September 21, 1983
Page #
2
other for accessory buildings and outdoor living areas. The
proposed Resolution before the Council would adequately address
these issues. The Planning Commission Resolution was adopted on
a 3-2 vote. In addition~ the applicant must apply for a variance
for the 8' retaining wall.
In response to Councilman Rockey, Ms. Halsh stated that normally
a Report of Residential Records is done upon the sale of
property, however the builder of this subdivision had moved into
this house and it was the first sale of a home and therefore it
was not required.
The Mayor opened the public hearing.
Mr. Toqinto, contractor, and Mr. Raggio, real estate agent, were
present on behalf of the client to address the Council. Mr.
Toqinto requested that the building permit not be delayed for the
bay window because of the severe water leakage problem that the
owner had been unable to correct.
The Mayor requested the Council to separate consideration of two
distinct issues: one application for the building permit to
extend the bay window upwards into the encroachment of the bay
window as it exists, and separate approval of the accessory
structures outside the building envelope.
The Mayor stated that given the bay window is there and he
thought it would be unreasonable at this point to require an
unsuspecting buyer to eliminate the window and it won't cause
further encroachment by extending the bay window upwards, and
will solve an existing leakage problem in the house, that he
would make the following motion:
MOTION: To approve application of the building permit and ratify
any encroacment with respect to the bay window.
Moved: Spratling, Seconded by Bergmann
Discussion continued regarding the need for a variance for the
retaining wall; that no building permit had ever been taken out
for the construction of the wall; that the wall could be x-rayed
to determine what reinforcement materials were used, but that it
was very expensive to do so; that there appeared to be no visual
impact regarding the wall from surrounding homes.
Councilman Rockey stated he supported the Mayor's proposal and
would like additional time to conduct an on-site inspection of
the property and proposed a report from the Town Engineer.
The Mayor asked the Town Attorney what alternatives the Council
had in addition to the Staff's recommendation that the Council
expand the building envelope to include the structures that are
a1eady there; would like advice as to whether or not the Town
Attorney feels this is the proper way to proceed by expanding the
building envelope or granting a variance and if there are
separate implications to doing each of those things.
Councilman Edelstein questioned the contractor as to what methods
had been used to correct the leakage problem. Mr. Toqinto
responded that various methods such as caulking, and placing
plastic corrugated roofing along the top, which doesn't look very
good, but the water is still seeping through. He requested that
the bay window be separated from the other issues. Councilman
Edelstein stated he felt a proper and decent repair to stop the
leak was still a viable alternative, and he couldn't see
rewarding the situation by adding additional area to the house
and he couldn't support the motion.
Councilman Smith stated since the bay window already exists he
had no problem with the motion.
To~m COUNCIL MINUTES #634
September 21, 1983
Page # 3
The Mayor closed the public hearing and called for a vote on the
motion.
Vote: AYES:
NOES:
Bergmann, Rockey, Smith, Spratling
Edelstein
Councilman Bergmann stated she would like to know exactly what
information the city had prior to issuance of the building permit
for the pool.
The remaining building envelope matter was continued to the next
regularly scheduled Town Council meeting.
5. RING MOUNTAIN PRECISE PLAN/TENTATIVE MAP (Approval of Precise
Plan and Tentative Subdivision Map - Resolution)
Director of Community Development Hanna reviewed the Staff report
and recommendation that the Council review the revised
Resolution, make modifications, comments or changes as
appropriate, resolve any outstanding issues and adopt the
Resolution approving the Precise Plan and Tentative Map for the
Ring Mountain project.
Mr. Richard Coombs, representative for Ring Mountain, Inc.,
stated he had talked to Mr. David Lovejoy, 102 Reed Ranch Road,
who had submitted a letter to the Town on September 21 addressing
numerous concerns he had about the proposed project which he felt
would adversely affect his property. Mr. Coombs stated he was
willing to address all these concerns to the satisfaction of the
Town Engineer. The Mayor stated that there had been two years of
meetings on this project and it would be inappropriate to slow
down the process at this late date. Mr. Lovejoy stated he felt
he had some valid concerns. Mr. Coombs stated he would give Mr.
Lovejoy specific responses to the satisfaction of the Town
Engineer on each of the five items he had mentioned in his
letter.
Mr. Coombs referred to the field trip on the property with
members of the Council and specific issues which were raised. He
enumerated some specific concerns of neighbors and used sketches
to show how these concerns had been addressed and the plans
modified to reflect same. The Mayor stated that he and
Councilman Rockey had been concerned with maximum elevation of a
specific building envelope and they will work with Staff on
height of the building envelope so that it won1t exceed the
height of the envelope on Lot 34.
The Mayor stated he wanted to discuss the planning aspects and
then give the public an opportunity to speak and then move into
issues that might be raised.
The Mayor opened the public hearing.
Mr. Duke asked about the exact nature of the time of the
development and stated he was confused about the 35' landscaping
easement. The Mayor responded that Mr. Coombs is proposing that
the existing homeowners have an opportunity to landscape the Ring
Mountain property to provide a screen; that it is not dedicated
open space. The Town Engineer stated that the project would be
built in stages and stated they should be designated stages; when
talking about construction in stages they were talking about
preparing and recording the final map in stages. Once the
developer has the final map approved and recorded, he can proceed
with selling the lots prior to the improvements. Normally the
developer is given one year to construct improvements. He
emphasized that building a subdivision, repairing slides,
installing sewers, etc. does not mean houses.
Mr. Duke asked if it were possible to combine Blackfie1d and
Paseo Mirasol into one stage of the development. Mr. Coombs
stated it was not economically feasible. Mr. Duke then asked the
TOHN COUNCIL MINUTES #634
September 21, 1983
Page # 4
Council to consider that B1ackfield and Paseo Mirasol be
developed sequentially.
Ms. Ann Ross, Reed Ranch Road, asked the Town Engineer if the
bond for improvements included repair of Reed Ranch Road after it
had been damaged. Mr. Ba1a stated no it did not. Mr. Coombs
stated it was a separate condition.
Dick Denezza, 103 Reed Ranch Road, asked the Council regarding
their concerns resulting from the field trip. The Mayor stated
that their concerns were expressed to the developer and some of
the plans shown this eveniog reflected those concerns. He
personally was concerned about the proximity of the houses,
specific concerns about one lot and the size of the open space at
the end of the road. The developer has made changes. He felt
the applicant was doing everything possible with respect to
location and building envelopes to minimize invasion of privacy
and his granting of the landscape easement on his prooperty
represents a good example of that effort.
Mr. Denezza stated Lot 52 was a big concern and Mr. Coombs has
made two proposals to change that lot and had discussed having
the building envelope or some sort of documents that would
restrict recreational activity, such as swimming pools to the
west side of the lot. Mr. Coombs agreed to that request.
Councilman Rockey requested Staff to contact property owners
nearby to make sure they agreed to this condition.
In response to Councilman Rockey, Mr. Hanna stated that it is
shown on the map submitted by the applicant what can be built
within the primary building envelope and What can be done within
the secondary building envelope. The Resolution references , the
maps submitted.
Discussion followed regarding fences and their placement within
the building envelope. The Mayor suggested a condition to
include that fences on the side yard can be built outside of the
auxilliary building envelope upon approval of the Board of
Adjustments and Review and doesn't require a variance. Mr. Hanna
stated the applicant could modify the maps to indicate where all
common fences could be placed. Mr. Coombs agreed. The Mayor
stated it must be made clear that the area is for fences and not
auxi11iary building units. At the request of Mr. Coombs, the
Council agreed that the developer could work this problem out
with Staff.
Mr. Bill Morris, 69 Paseo Miraso1, asked how permanent are the
building envelopes; would there be leniency in changing
envelopes. The Mayor responded that anyone can apply for a
modification of a building envelope; that surrounding property
owners are notified and that anyone of the Town Boards would
consider closely the impact on adjourning properties; that the
property owner Who makes application to change a building
envelope faces a substantial hurdle.
Mr. Coombs stated that any prospective property owner would know
of the restrictions of the building envelopes; that it would be
carefully identified on the title report.
In response to Councilman Edelstein, Mr. Hanna stated that the
Board of Adjustments and Design Review would be given all the
documents necessary to make an evaluation, including the building
envelopes shown on the drawings. Councilman Edelstein stated
each application must be given careful individual evaluation.
Council then considered the specific conditions of the proposed
Resolution.
TOWN COUNCIL MINUTES #634
September 21, 1983
Page # 5
The Council reviewed the Resolution line by line. Insertions
will be shown in capital letters and deletions will be shown as a
/ mark through the proposed resolution:
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING THE RING
MOUNTAIN PRECISE PLAN AND TENTATIVE MAP
WHEREAS, the TownCouncil of the Town of Tiburon does resolve
as follows:
Section 1. Findings.
A. The Board of Supervisors of the County of Marin has adopted
Ordinance No. 2711 approving the Ring Mountain Master Plan
subject to certain conditions.
B. Richard Coombs on behalf of Ring Mountain Limited has
submitted an application for Precise Plan and Tentative
Subdivision Map approval to the Town of Tiburon in conformity
with the Marin County Board of Supervisors Ordinance No.
2711.
C. The application for the Precise Plan and Tentative
Subdivision Map consists of the following:
a) Drawings prepared by DeBolt civil Engineering, sheets C-
1, C-2 revised 4/11/83, sheets C-3 through and including
C-6 dated February 1983.
b) Architectural drawings prepared by Brochier &
Associates, Architects, sheets A-2 through A-5 dated
April I, 1983.
c) Landscape drawings by Orbis Design Associates showing
landscape details, sheets L-2 through L-5, dated April
I, 1983.
d) One sheet identified "Common driveway and Lot 47
revisionll by Brochier & Associates, Architects, dated
7/20/83.
e) Geotechnical Investigation, Ring Mountain Development,
Marin County, prepared by Harding Lawson & Associates,
Job #9337,004.01.
f) Landslide Assessment Open Space Ring Mountain
Development, prepared by Harding Lawson & Associates,
Job #13,211,001.01.
g) Letters from Stephen Korbay, Harding Lawson &
Associates, dated June 21, 1983, June 24, 1983, July 6,
1983, July 8, 1983, July 13, 1983, July 26, 1983 and
July 27, 1983.
h) Letter from Allan Brochier, Brochier & Associates,
Architects, dated July 13, 1983 and August 29, 1983.
D. An Environmental Impact Report for the project ~dS prepared.
It was reviewed and found adequate by the Town of Tiburon and
certified by the County of Marin.
E. The Town Council has held duly noticed public hearings on the
application, has reviewed the soils report and taken evidence
of testimony from the public and others.
F. The Town Council finds that the number of lots shown in the
Precise Plan and Tentative Subdivision Map is appropriate and
that the lots are feasible and environmentally sound building
sites so long as the conditions applied to the Precise Plan
and Tentative Subdivision Map are met.
G. The Town Council finds that the proposed subdivision together
with the provisions for its design and improvement is
consistent with the Tiburon General Plan.
TOWN COUNCIL MINUTES #634
September 21, 1983
Page # 6
H. The applicant has represented that wtt~ ~~ ~~~~pt~~t~
~ppt~,~t tt~~ t~~ t~~ ~t 1t~~t~~~ IF THE TOWN APPROVES THE
PRECISE PLAN AND TENTATIVE MAP AS CONDITIONED HEREIN the
applicant will PROMPTLY proceed with annexation of the areas
of proposed development to the Town of Tiburon. It is ~~
t~~t ~~~t~ BASED ON that REPRESENTATION THAT the Town Council
approves the Precise Plan and Tentative Subdivision Map AND
THE TOWN AGREES TO ASSIST THE DEVELOPER IN ANNEXATION
PROCEEDINGS.
I. The Town Council finds that it approves the Precise Plan and
Tentative Subdivision .Map on t~~ ~~~t~ ~t ~~~~~~tt~~ THE
UNDERSTANDING THAT THE PROPERTY SHALL BE PROMPTLY ANNEXED to
the Town of Tiburon and further finds that without the
further review of the project as provided in the regulations
of the Town of Tiburon~ WHICH SHALL APPLY FOLLOWING
ANNEXATION that additional conditions may have been applied
to the Precise Plan and Tentative Subdivision Map.
Section 2. Approval.
The Precise Plan and Tentative Map described above are approved
subject to the conditions and requirements set forth herein:
1 .
Applicant shall comply with all applicable Subdivision
Regulations including Final Subdivision Maps which shall
be submitted in accordance with all requirements of the
Town Engineer.
2.
Applicant has requested and the Council acknowledges the
intention to file multiple Final Maps based upon the
Tentative Map as provided in Section 66456.1 of the
Subdivision Map Act of the State of California. Said
section provides multiple Final Maps to be filed prior
to the expiration of the Tentative Map.
3.
All utilities serving the development shall be
underground. ON TAYLOR ROAD PHASE STREET LIGHTING SHALL
NOT BE REQUIRED ALTHOUGH THE UTILITIES SHALL BE
UNDERGROUND AND CONDUIT ~HLL BE PROVIDED.
4.
All utilities shall be guaranteed by the serving
district IN WRITING FOR EACH OF THE PHASES PRIOR TO THE
RECORDATION OF EACH PHASE FINAL MAP t~ wittt~~ pit~i t~
t~~ i~~~i~~tt~~ ~t t~~ tt~~t ~~p.
5.
Applicant shall comply with the requirements of the
Marin Municipal Water District.
6.
Applicant shall satisfy all i~~~~~~~t~ requirements of
the Tiburon Fire Protection District and the Alto
Richardson Bay Fire District.
1/
~tt ~i~~t~ ~~t t~ ~~ ~~,~t~~~ ~~~tt ~~ ~~t~t~t~~~ ~~
p~i~~~~~t ~~~ ~p~~~ wtt~ p~~it~ ~~~~~~ ~~~ ~~~it ~~
pi~~~i,~~ ~~~ ~~~~~~~ t~ pi~t~~t t~~ ~tt~!~ ~t~~itt~~~t
~~t~i~i ~i~t~it~~i ~~~ i~~i~~ti~~~t i~~~~i~~~/
8.
Applicant shall contribute in-lieu housing fees of
$153,000 to be paid to the appropriate agency to help
offset the impact of proposed development. IN-LIEU FEES
SHALL BE PAID IN ACCORDANCE ~HTH THE PAYMENT SCHEDULE
CONTAINED IN COUNTY ORDINANCE NO. 2572, SECTION
2297150(d) .
9.
Site development shall be in accordance with the
recommendations and requirements of the Town Engineer
INCLUDING BUT NOT LIMITED TO THOSE SET FORTH IN HIS
LETTER OF SEPTEMBER 18, 1983 as minimum standards, shall
be in conformance with the reports prepared by Harding
Lawson Associates geotechnical investigation of the Ring
To~m COUNCIL MINUTES #634
September 21, 1983
Page # 7
Mountain Development and the Landslide Assessment Open
Space Ring Mountain Development previously referred to.
10. Prior to the recordation of the Final Map, provision
shall be made in the C. C. & R. IS or ~t~~t~t~~ OTHER
DOCUMENT APPROVED BY THE TOWN ATTORNEY or otherwise to
provide that any additional construction on lots,
REQUIRING A BUILDING PERMIT including swimming pools,
shall be ~~~t~~t~~ DESIGNED by a licensed ~~tt~ t~~i~~~i
CIVIL ENGINEER SPECIALIZING IN SOIL MECHANICS for their
impact on loading of the slopes and potential seepage
problems ~~~ ~~~tt l6~ ~i~"tt~~~~ ~~~t~~~i ~i44~Pti~t~J
THIS REQUIREMENT MAY BE WAIVED BY THE BUILDING OFFICIAL
FOR CONSTRUCTION WHICH DOES NOT EFFECT SOILS OR
DRAINAGE.
11. Prior to approval of a Final Map or any phased Final
Map, the developer shall post a performance bond to
ensure completion of the subdivision improvements
described in the Improvement Plan/Grading Plan and to
repair the landslides or unstable areas related to the
phased Final Map with the improvements to be determined
by the Town Engineer IN ACCORDANCE HITH HIS LETTER OF
SEPTEMBER 21, 1983 REFERRING TO THE SEPTEMBER 13, 1983
LETTER FROM COOMBS DEVELOPMENT.
12. The applicant shall post a maintenance bond for
subdivision improvements and landslide and stabilization
improvements.
13. The applicant shall provide Public Liability and
Property Damage insurance or a bond OR SUCH OTHER ~ETHOD
AS AGREEABLE TO THE TOWN AT THE START OF CONSTRUCTION on
a pre-paid, non-cancelable basis to ensure against
damage from subdivison construction activity and from
landslides on unstable areas threatening any
improvements constructed on the subject parcel or
existing improvements on property contiguous to the
development area of the project for a minimum of ten
years. The minimum amount of the insurance or bond
shall be $$r/JC/J/r/JC/)(j) $2,500,000. STAFF TO REWORD THIS
CONDITION, THE SUBSTANCE THE SAME AS IT IS NOW AS FAR AS
THE LANGUAGE IS CONCERNED, IN SPECIFICS TO HAVE A TEN
YEAR LIMITATION WITH THAT TEN YEARS TO BE COMPUTED
SEPARATELY IN REGARD TO EACH PHASE , THE TERM OF
INSURANCE TO BEGIN AT THE START OF CONSTRUCTION AND TO
END TEN YEARS AFTER THE DATE OF COMPLETION, THE AMOUNT
SHOULD BE $2.5 MILLION DOLLARS AS ADJUSTED BY THE
CONSUMER PRICE INDEX FROM DATE OF PASSAGE OF THIS
RESOLUTION AND THAT THE ASSURANCE FOR REIMBURSEMENT FOR
THIS TYPE OF DAMAGE MAY BE PROVIDED BY SOME OTHER MEANS
OTHER THAN INSURANCE OR BOND IN THE EVENT THAT THE
APPLICANT FINDS A WAY THAT IS ACCEPTABLE TO THE TOWN
COUNCIL. THE DEVELOPER WILL BE ABLE TO TRANSFER THE
INSURANCE TO THE HOMEO~lliERS ASSOCIATION ~mEN ITS FORMED
AND HE ,WILL BOND FOR THE REMAINING TEN YEARS.
14. Grading plans for the project shall be accompanied by a
comprehensive erosion control plan. The grading and
erosion control plan shall be filed with the San
Francisco Bay Regional Water Quality Control Board
together with a construction schedule at least t~rj) 60
days prior to the start of construction.
15. Applicant is to participate in a traffic study. To
satisfy that requirement~ applicant shall deposit with
the Town of Tiburon $9,000.00 to offset the cost of a
study to determine appropriate off site traffic
improvements to the intersections of Tiburon Boulevard
with Redwood Highway, B1ackfield Drive, Reed Ranch Road
TOWN COUNCIL MINUTES #634
September 21, 1983
Page # 8
and Trestle Glen Boulevard. The Town shall be
responsible for requiring other developments, such as
the Highlands, which would cause a significant impact to
the intersections mentioned above to pay a proportionate
share of the cost of the study. The Town will disburse
to the applicant any funds received to offset the cost
of the traffic study.
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ti~it$J t~~ ~pptti~~i!~t~$~~~t~iti~i ~~~tt ~~i ~i~~~~
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17. Developer shall post a construction bond OR INSURANCE or
otherwise ensure the Town of Tiburon against damage AS
MAY BE DETERMINED BY THE TOWN ENGINEER to Town streets
caused by construction activity. This shall include
Taylor Road as well as all access roads to the south
side of the property as deemed necessary by the Town
Engineer and the Superintendent of Public Works.
18. Each dwelling shall be subject to the Design Review
procedures of the Town of Tiburon prior to the issuance
of a Building Permit.
19. Open space easements and/or restrictions in the
subdivision's C. C. & R's shall be utilized to prohibit
all development on slopes in excess of 40% and TO
DISCOURAGE EXCESSIVE CONSTRUCTION on particularly
visible sites.
20. Grading ~~~~t~ SHALL be limited to the dry May 1 i~
THROUGH October period.
21. An effective erosion control plan shall be prepared and
implemented during the grading of the project site.
Plans shall include detailed measures to control erosion
and stockpiled earth and exposed soil. Silt traps shall
be provided at the project site. Areas of disturbed
soil shall be re-vegetated immediately after grading.
Hydromulching of distrubed soils on moderate and steep
slopes shall be required. Applicant shall be required
to post a refundable bond with the Town of Tiburon to
ensure that the erosion control plan is effectively
carried out. THIS CONDITION 'ro BE COMBINED WITH
CONDITION NO. 22 TO PROVIDE AN EFFECTIVE EROSION AND
DUST CONTROL PLAN.
22. Adjacent streets shall be mechanically and/or manually
swept clean of soil to reduce dirt on a frequent basis
to the, satisfaction of the Superintendent of Public
Works of the Town of Tiburon. Dust control shall be as
required by the Superintendent of Public ~~orks.
23. The Declarations of Covenants, Conditions and
Restrictions OR OTHER APPROPRIATE MEANS together with
all proposed deed and title restrictions, scenic
easements and offers of dedication shall be submitted to
the Department of Community Development for review and
approval by the Town Attorney prior to filing the Final
Map.
TOWN COUNCIL MINUTES #634
September 21, 1983
Page # 9
24~ Noise generating equipment shall not be started OR
ARRIVE ON SITE before 7:45 a.m. Construction and site
preparation shall be limited to weekdays between the
hours of 8:00 a.m. and 5:00 p.m. unless specifically
authorized in advance by the Town Manager in limited
special circumstances.
25. CONDITION NO. 7 TO BECOME FIRST PART OF THIS
CONDITION: The applicant shall make an irrevocable
offer of dedication of the approximately 287 acre
environmenta~ resource management area to a public
agency or in the "al ternati ve the resource management
area may be deeded to an appropriate non-profit
organization for the purposes of permanent open space
protection and management or be retained as private open
space with public access as indicated in Condition 26.
The open space area shall be maintained as a resource
area through a land management plan to be submitted and
reviewed prior to the filing of the Final Subdivision
Map. Transfer of title shall not occur until a land
management plan has been approved.
CONDITION NO. 26 TO BE INCORPORATED AT THE END OF NO.
25.
26. If not dedicated to a public agency, the t~~t~tty~ FINAL
Subdivision Map of the open space parcel shall include a
public pedestrian easement SATISFACTORY TO THE TOvill
COUNCIL along the Tiburon peninsula ridge line trail
shown on the Countywide Plan.
27. All of the appropriate mitigation measures from the Ring
Mountain Environmental Impact Report may be imposeo as
conditions on subsequent Design Review applications.
28. In order to minimize erosion and sedimentation, c. c. &
R. 's or other appropriate means shall provide that the
keeping of horses shall be prohibited on all lots.
29. In order to minimize fire hazards, C. C. & R.'s or other
appropriate means shall provide for maintenance by the
homeowners of a 501 fire prevention ~~iit~i STRIP
between the homesites and the open space areas.
Easements as may be necessary for this purpose, shall be
provided TO THE SATISFACTION OF THE TOvill ENGINEER.
CONDITION NO. 30 TO BE INCORPORATED INTO CONDITION NO. 13.
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tt~~tttii ~~~ pi~~iii ~~~~~~ t~~~i~~~~ ~~ t~~~~tttt~~
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31. The C. C. & R's OR OTHER APPROPRIATE MEANS shall provide
for a report to be delivered to the t~~ t~~t~~~i
SUPERINTENDENT OF PUBLIC WORKS no less than annually.
Said report shall assess the condition of the drainage
systems throughout the property. The report shall also
indicate the extent of repairs and/or maintenance made
to the drainage system and shall state how the drainage
system maintenance conforms to the maintenance manual
PREPARED BY SOILS ENGINEER provided to the homeowners
association. STAFF TO REWORD CONDITION NO. 31 AND
RETURN IT TO COUNCIL FOR APPROVAL.
32. All drainage facilities shown on the Precise Plan and
Tentative Subdivision Map shall not be fenced as
proposed but rather shall be constructed wtt~
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~t~~~t~t t~ tt~~ ~t t~~ pt~~~~~ ~i~t~~~~ pt~~ ~~ t~~
TOWN COUNCIL MINUTES #634
September 21, 1983
Page # 10
pi~~~J i~~ 1~~ ~~~~iti ~~it~y~~ t~~i i~~ ~t~t~~~~
pt~~ ~I t~ t~i~~~ ~t i~~~ wtti Pt~yi~~ ~ ~~ii~~~ ~~~t~~
~I ~~I~iy ~~~ witi ~~t ~~y~ i~~ yt~~~i i~~ii ~I t~~
Pt~~~~~ 1~~i~~J TO A SIZE TO BE APPROVED BY THE TOWN
ENGINEER AND PIPES SHALL BE CAGED OR OTHERHISE PROTECTED
TO THE SATISFACTION OF THE TOWN ENGINEER.
The Mayor closed the public hearing.
MOTION: To approve the Resolution subject to the direction
given Staff tonight and Council review of Conditions No.
13 and 31 and agreement thereon.
Moved: Spratling, Seconded by Smith
Vote: AYES: Unanimous
It should be noted that at 10:30 p.m., the Mayor stated there
wouldn't be time to consider the second unit ordinance this
evening.
MOTION: To continue Item No.6, SECOND UNIT ORDINANCE, to the
October 5 agenda as the first item under Public
Hearings.
Moved: Smith, Seconded by Rockey
Vote: AYES: Unanimous
H. ADJOURNMENT
Due to the late hour, the Mayor continued the remalnlng item to
the next regular meeting of the Town Council of the Town of
Tiburon and Mayor Spratling adjourned the meeting at 11:55 p.m.
to Hednesday, October 5, 1983 at 7:30 p.m.
ATTEST:
TOWN COUNCIL MINUTES #634
September 21, 1983
Page # 11