HomeMy WebLinkAboutTC Min 1983 (April thru September)
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, Wendesday, September 7,
1983, in the Hilarita Community Room, Tiburon, California.
A. ROLL CALL
PRESENT: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
BERGMANN, SMITH, SPRATLING
EDELSTEIN, ROCKEY
EX-OFFICIO: Town Manager Kleinert, Director of
Community Development Hanna, Associate
planner Walsh, Deputy Town Attorney
Ragghianti, Town Engineer Bala, Supt.
of Public Works Brunini, Chief of
police Bailey, Minute Clerk Hennessy
B. APPROVAL OF MINUTES
#630, August 17, 1983
The Mayor requested that on page 4, Laguna vista should be
changed to vista Belvedere. The following statement to be added
to the first paragraph on page 6: "Mr. Coombs stated he would
like to wait and make a presentation even if there was only a
short amount of time left after this item." The Mayor reque9ted
that the third paragraph from the bottom of page 7 be changed to
read as follows: "The Mayor proposed that an investigation be
made and a determination made as to what the real elevation of
the property is and if indeed the elevation line is as contended
by Mr. Dallman and Mr. Lutich that a variance for the retaining
wall be required and the findings of a variance be met. He would
condition any approval on that determination and if the elevation
is as Mr. Dallman represents then a variance should be discussed
before the Board of Adjustments and Review."
The Mayor also requested that Condition #4 on page 8 be reworded
as follows: "subject to the Board making findings on the
retaining wall in question regarding whether its height requires
a variance, and if so, subject to the Board making the required
findings to approve such a variance".
Councilmember Bergmann requested that the Planning Department
make sure that the landscaping requirements were a part of the
BAR approval.
MOTION:
Moved:
Vote:
To adopt Minutes #630 as amenaea.
Smith, Seconded by Bergmann
AYES: Unanimous
#631, August 24,'1983
MOTION:
Moved:
Vote:
To adopt Minutes #631 as submitted.
Bergmann, Seconded by Smith
AYES: Unanimous
#632, August 25, 1983
There was one typographical correction.
MOTION:
Moved:
Vote:
To adopt Minutes #632 as corrected.
Spratling, Seconded by Bergmann
AYES: Unanimous
TOWN COUNCIL MINUTES #633
September 7, 1983
Page 1
C. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES
There were none.
D. COMMISSION AND COMMITTEE ORAL REPORTS
There were none.
E. PUBLIC QUESTIONS AND COMMENTS
Lilly Heyen, Pacific Telephone, reported that the 911 Emergency
Number is scheduled to be in service in June 1985.
F. CONSENT CALENDAR
The Town Manager requested that Item 15 (a new item) and Item 12
be added to the Consent Calendar.
MOTION: To adopt the Consent Calendar consisting of:
1. AYALA DAY SPORTS CHALLENGE (City of Belvedere _
Resolution)
2. RECOGNITION OF SERVICE (John McKelvie - Resolution)
3. EXTEND AGREEMENT FOR SUBDIVISION IMPROVEMENTS _
Cibrian Subdivision (Paradise Drive)
4. UNITED WAY OF THE BAY AREA (proclamation)
12. MARIN COUNTYWIDE TRAILS PLAN (Approve Draft Plan)
15. RESOLUTION DESIGNATING THE COUNTY OF MARIN AS THE
TOWN'S AGENT FOR SERVICE OF PROCESS PURSUANT TO
S5136 et. seq., OF THE REVENUE AND TAXATION CODE
OF CALIFORNIA.
Moved: Bergmann, Seconded by Smith
Vote: AYES: Unanimous
/'
/'
The Mayor asked the Superintendent of Public Works to thank John
McKelvie for his years of service.
G. PUBLIC BEARINGS & BUSINESS ITEMS
5. SOUTHERN PACIFIC DOWNTOWN DEVELOPMENT (Status report and
update)
Glen Calkins, Southern Pacific's project Manager, stated that SP
has a prospective buyer for the project, but there were some
changes they would like to make such as: l65 units instead of
164; moving one of the buildings; reducing the commercial space
below 27,304 sq. ft.; reducing the three story building to two
stories, continuing to protect the view corridor. He stated this
plan would create a different product mix by reducing the square
footage in the commercial area giving them more flexibility in
how much office space and how much retail space. Southern
Pacific is requesting the opportunity to formally request these
changes.
He stated Southern Pacific was willing to support the Town by
assuring the $550,000 for the Tiburon Boulevard FAU improvements,
if they can get the modest changes in the plan which they
believe, along with the Redevelopment Agency, will allow the
project to be built in a manner that is consistent with the
Town's plan.
There was discussion regarding the processing procedures for the
proposed modifications and whether the changes would be
considered as an amendment to the Master Plan. Council advised
Mr. Calkins that the one (1) additional unit being proposed would
constitute a change in the Master Plan. The Mayor stated that
SP's revised application, when submitted, should go to the Town
Attorney to determine whether the submittal represents a
deviation from the Master Plan. He requested Staff to expedite
the application processing, but maintain a hearing process in
TOWN COUNCIL MINUTES #633
September 7, 1983
Page 2
accordance with the actual application that Southern Pacific
submits.
6. TRANSIENT OCCUPANCY ORDINANCE (Amend Municipal Code to
Reflect Tax Rate Amendment - Ordinance 2nd Reading)
The Council waived Staff report.
The Mayor opened the public hearing. There being no comments,
the Mayor closed the public hearing.
MOTION:
Moved:
Vote:
To read by title only.
Bergmann, Seconded by Smith
AYES: Unanimous
Mayor Spratling read "AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON AMENDING CHAPTER 7 OF THE TIBURON MUNICIPAL CODE
RELATED TO THE TRANSIENT OCCUPANCY TAX"
MOTION: To approve 2nd reading and adoption of the
aforementioned Ordinance.
Moved: Smith, Seconded by Bergmann
Vote: AYES: Bergmann, Smith, Spratling
NOES: None
ABSENT: Edelstein, Rockey
7. ~EZONING FROM A-2 TO RO-l (Neill Smith Property - Acacia
Dr1ve - Ord1nance 2nd Reading
The Director of Community Development Hanna reviewed a brief
Staff report.
Mayor Spratling opened the public hearing. There being no public
comment, 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 COUNCIL OF THE TOWN OF
TIBURON ADOPTING RO-l (RESIDENTIAL OPEN SPACE) ZONING FOR CERTAIN
PROPERTY LOCATED ON ACACIA DRIVE, TIBURON"
MOTION: To approve 2nd Reading and Adoption of the
aforementioned Ordinance.
Moved: Bergmann, Seconded by Smith
Vote: AYES: Bergmann, Smith, Spratling
NOES: None
ABSENT: Edelstein, Rockey
8. PRECISE PLAN AMENDMENT (1660 Tiburon Blvd. - Resolution)
Associate Planner Walsh reviewed the Staff report. Chief of
Police Bailey stated his concerns regarding enforcement problems
if the parking area was closed off at 7 p.m.; he suggested that
the parking area be closed early in the afternoon or for the
entire day. Ms. ,Walsh stated his concerns were discussed at the
Planning Commission meeting and Mr. Kelso suggested that he would
have a person in attendance at closing time and would have cars
towed that were still there at 7 p.m., that a large sign would be
posted warning that the lot would be closed. Chief Bailey
suggested that Mr. Kelso get in touch with him before he starts
towing cars.
There was no one present to represent the applicant.
Councilmember Bergmann suggested placing a barrier such as is on
Juanita Lane and leaving the parking area open. She stated she
wouldn't consider the closing until all possibilities have been
considered because the original setbacks of the building were
modified to allow the parking.
TOWN COUNCIL MINUTES #633
September 7, 1983
Page 3
The Mayor opened the public hearing. There being no comments the
Mayor closed the public hearing.
Councilmember Smith stated he would like to hear more
alternatives.
The Town Manager suggested the item be returned to Staff and that
Mr. Kelso be requested to attend the next meeting.
MOTION:
Moved:
Vote:
To continue this item to the next meeting and direct
Staff to contact Mr. Kelso.
Smith, Seconded by Bergmann
AYES: Unanimous
9. MASTER AND PRECISE PLAN AMENDMENT (39 Main Street - Ordinance
1st Read1ng)
Associate Planner Walsh reviewed the Staff report. Town Manager
Kleinert stated his immediate reaction was that the Town was
being relieved of an ongoing problem, however he regretted the
owner was unable or unwilling to continue with a quality
restaurant facility; that the proposal would change the downtown
somewhat and have an impact on the entire business community;
that the change of use represented an annual loss of
approximately $10,000 to the Town in sales tax revenue. He
stated the property owner does have discretion as to the future
use of the property.
Discussion followed regarding parking spaces which Ms. Walsh saia
had been provided in the downtown parking lot.
\
Jeffrey Portnoy, Esq., representing the owner, National Emergency
Services, Inc., stated his opinion that the elimination of a
restaurant would be beneficial to the remaining restaurants;
there would be reduction in traffic; that the present use
requires 25 parking spaces for the facility and an additional 7
spaces for employees; that the new application requires only 6
spaces; that the proposed use would significantly reduce problems
on Main Street.
The Mayor opened the public hearing. There being no comments,
the Mayor closed the public hearing.
Councilmember Smith stated he supported the property owner's
right to do what he wants with his property.
Councilmember Bergmann expressed her concern regarding losing the
income from a commercial establisment.
The Mayor stated he had some concerns with the proposal; that he
saw the Town losing a very valuable restaurant resource; that he
wished the owner could find the type of entrepreneur with
extensive restaurant experience who could operate a quality
restaurant.
MOTION:
Moved:
Vote:
To read ,by title only
Smith, seconded by Bergmann
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 approve 1st reading of the aforementioned
Smith, Seconded by Bergmann
AYES: Bergmann, Smith, Spratling
NOES: None
ABSENT: Edelstein, Rockey
ordinance.
TOWN COUNCIL MINUTES #633
September 7, 1983
Page 4
10. AMEND BUILDING ENVELOPES (La Cresta Development _
Resolution)
Associate Planner Walsh reviewea the Staff report.
The Council reviewed the maps.
The Mayor opened the public hearing.
Tom Newton, representing the property owner, stated the
application would give them more flexibility for view angles;
that they were trying to r~plant tr~es that were lost during last
winter's storms.
The Mayor closed the public hearing.
In response to Councilmember Bergmann, the Director of Community
Development stated that construction hours were limited to 7:30
a.m. to 4:30 p.m. Monday thru Friday or with special permission
from the Town Manager.
MOTION:
To approve A RESOLUTION OF THE TIBURON TOWN COUNCIL
APPROVING AN AMENDMENT TO THE PRECISE PLAN/TENTATIVE MAP
FOR THE LA CRESTA DEVELOPMENT OF 20 ACRES OFF VIA LOS
ALTOS.
Smith, Seconded by Bergmann
AYES: Unanimous
Moved:
Vote:
11. MARIN RECYCLING RESOURCE RECOVERY PROGRAM (Request for
Recycling Surcharge 1983-84)
Town Manager Kleinert reviewed the Staff report which outlined a
proposed reduction in the annual recycling surcharge from .54~ to
.45~ per month.
Mr. Lacaze, Mr. Garbarino and their representative, Al Bianchi,
Esq., representing the Marin Recycling Resource Recovery
Association were present to answer the Council's questions.
The Town Manager stated recycling participation has increased ana
labor costs have dropped somewhat resulting in the surcharge
reduction. One of the problems is a separately billed subsidy;
which some people are reluctant to pay. The Town Manager noted
that Tiburon has strongly supported recycling efforts in the past
and should continue to support this program. However, in the
future the recycling_costs should be considered in conjunction
with the refuse franchise rates and considered as part of the
total negotiations and as one billing. This would probably be
more acceptable to the refuse company, to the residents and to
the Town.
Councilmember Smith stated he thought the documentation of the
application was very thorough.
Mr. Bianchi stated he was proud of his association with this
company; that it's a rare experience for someone to ask for a
rate reduction; that he concurred with the suggestion that the
recycling costs be incorporated into the garbage rates; that it
was a part of solid waste management disposal; that it has the
effect of saving money at the dumps; that in some instances it
reduces the number of cans per household; that it extends the
life of the solid waste landfill operation; that there were only
two locations left in Marin County that will accept wet waste;
that San Francisco now charges $23/25 per ton in comparison to
Marin's cost of $8/ton.
Mr. Garbarino stated they have seven full size trucks and smaller
vehicles to reach previously inaccessible areas; that Marin
Savings and Loan will provide recycling buckets; that they
planned to start a program promoting recycling.
TOWN COUNCIL MINUTES #633
September 7, 1983
Page 5
Mr. Lucaze stated they could afford the reduced surcharge because
the price of the resale of materials has increased. Mr.
Garbarino stated that approximately 40% of the Tiburon residents
participate in the program; that the annual energy saved by this
recycling program amounts to a million gallons of gasoline.
MOTION:
To continue the subsidy at .45~ per month and further
support the Staff's recommendation to amend the
franchise agreement that we include that subsidy in the
normal rate rather than a separate charge.
Spratling, Seconded by Smith
AYES: Unanimous
Moved:
Voted:
AMENDED MOTION:
Moved:
Vote:
That the previous motion include the rate change
effective October 1, 1983.
Spratling, Seconded by Smith
AYES: Unanimous
9:30 p.m. RECESS
The Mayor called the meeting back to order at 9:50 p.m.
13. SECOND UNIT ORDINANCE (Recommendations from the Planning
Comm1ss10n, Ord1nance 1st Reading)
Associate Planner Walsh reviewed the Staff report and
recommendations of the Planning Commission.
The Deputy Town Attorney requested that Item 8, under Section C
be deleted and that Item 11 under Section F also be deleted.
In response to Councilmember Smith, Ms. Walsh explained the
Planning Commission's concern that if the Council allowed a new
detached unit to be converted to a second unit that the owner
would then request a lot split; that the entire Commission was
opposed to allowing new detached units to be converted to second
units.
Ms. Walsh stated she thought each inspection for a Conditional
Use Permit would take approximately 1/2 hour, plus time for a
written report.
In response to Councilmember Smith, Mr. Hanna stated the number
of illegal units are estimated between 10 and 100, that there was
no accurate count.
In response to Councilmember Bergmann, Ms. Walsh stated that the
Planning Commission included the R-2 zone in Old Tiburon to give
those illegal units an opportunity to apply for the Conditonal
Use Permit and be legalized.
Discussion followed regarding the Zoning Ordinance definition of
a second unit which included kitchen facilities; the problems of
inspection; the noticing of the owner that an inspection will
take place; the inability of the inspector to gain access to a
premises without the permission of the owner unless a warrant is
issued.
The Deputy Town Attorney stated the proposed ordinance included a
$1,000 penalty fee for failure to register the second unit; that
it was the perogative of the Town Council whether to use the
abatement procedure; that it was expensive to litigate these
cases.
In response to Mr. Hanna, the Deputy Town Attorney stated that if
there was evidence that a kitchen facility existed, even if the
stove had been removed, that there was sufficient evidence to
issue an Order to Show Cause for a property owner to appear in
court. The Deputy Town Attorney stated that under administrative
procedures it would be appropriate to say a second unit exits if
evidence of kitchen facilities, i.e., piping, electrical wiring,
TOWN COUNCIL MINUTES #633
September 7, 1983
Page 6
etc., exist ana 1n conjunctiion with sleeping and required
sanitary facilities.
The Mayor opened the public hearing.
stone Coxhead reviewed the proposed ordinance and suggested the
following changes:
page 1, section 1, sub-paragrah D: suggested size of lots be no
less than 12,000 sq. feet.
Page 5, sub-paragraph I: suggested clause be added: "and has
maintained the residence at this location for a minimum of two
years".
Page 5, sub-paragraph K, adding a statement by the applicant how
the second unit will meet the requirements for housing for the
elderly or low or middle income housing.
Page 7, add paragraph 15, "No secondary units shall be allowed to
be developed on unimproved property that has not been grantd a
building permit.
Page 8, paragraph K, add the condition that the owner be requird
to be continually residing on the property at the time of the up-
date; that at the time of the annual reveiw the owner shall
report the names of the tenants, the amount of the rent and a
statement how the rental unit continues to help the housing of
the elderly or of the low and moderate persons. He also stated
that paragraph K refers to compliance with all the conditions,
but the Ordinance does not clearly define all the conditions.
Mr. Ralph Maloney, 640 Tiburon Blvd., expressed his concern that
if detached units were allowed it would create all sorts of
shanty like structures; he supported the $1,000 penalty fee. He
referred to page 3, section C, sub-section 5, and said he felt
something should be added, such as: "This uni t should be subject
to the approval of the immediate neighbors".
Mr. Robert Ross, Reed Ranch Road, stated that item 8, page 4, had
been inserted due to public concern before the Planning
Commission that there be neighborhood input. He would also like
to support Mr. Coxhead's point to do something to preclude the
inclusion of second units in new buildings.
In response to Councilmember Smith, the Deputy Town Attorney
stated you could address the issue of residency requirements in
new areas, but was not sure it would be legal. The Mayor
requested the Deputy Town Attorney to get a legal opinion on this
subject, and also the number of days legally required for
residency to qualify as an owner/occupant.
Mr. Robert Marcus, 30 year resident, Commissioner for Aging for
the Town, complemented the Planning Commission for their desire
to work with the public. He mentioned problems that had occured
in the Western Addition in San Francisco because of overcrowding
of units and suggested that the Fire Department might have access
to inspections. The Deputy Town Attorney stated that the Fire
Department cannot indiscriminately make an inspection without a
reason.
Ms. Jan Sheets stated that when the ordinance was mandated in
Sacramento it was a method of utilizing current housing and that
Mr. Coxhead's comments about new development had some ground. On
the subject of fees, she stated they should be manageable, but
adequate to pay for processing and enable a degree of
enforcement; regarding neighborhood notifications, she agreed
there should be neighbors' sign-off.
TOWN COUNCIL MINUTES #633
September 7, 1983
Page 7
In response to Councilmember Smith, Ms. Walsh stated that an
applicant would have to come to the Planning Commission for a
full public hearing and notices would be sent to neighbors.
Deputy Town Attorney Ragghianti stated that the Town Attorney
requested the previously mentioned deletion because their
inclusion would be redundant.
Mr. Ross questioned deletion of Section C, paragraph 8. The
Deputy Town Attorney stated it was his understanding that any
amendment to this ordinance required at least two public
hearings.
It was decided to change section C. "Grant of Use Permit _
Required Findings" to delete the word Planning Director and add
"following public hearings" at the end of that sentence.
The Mayor directed the Town Attorney to reword the ordinance so
that the Planning Commission can sign off on use permits and only
appeals would go to the Town Council.
Louise Mirata, 2305 Paradise Drive, referred to Section F, Item
2, and stated there was a huge problem with variances being
granted; that there were too many units that provide no parking;
and wondered how this would be enforced if you allowed three
units. She stated she felt the increase to 12,000 sq. ft.
requirement might help; that 7500 sq. ft. in R-2 zone is a
duplex. Ms. Mirata suggested that under Section F, Item 7, the
words "or a variance granted" be deleted. She asked if this
ordinance is adopted, what is going to be done about the units
that are now illegal or legal non-conforming that don't have the
required parking for two units.
The Mayor stated that illegal units would be given a certain
period of time to come in and apply for a Conditional Use Permit;
that the same standards would be required to make them a legal
unit.
The Deputy Town Attorney stated he knew of no instance where you
couldn't apply for a variance to the zoning code; that the
government code provides for a section to apply for a variance
from the zoning ordinance; whether the Town grants the variance
or denies it is a separate consideration.
Ms. Mirata requested that the Town Council set the policy that
unless the criteria be met no variance be granted.
Joan Bergsund stated the most important requirement of all was
the two off-street parking spaces. She noted that many
applications may be for a parent or elderly person who would not
have an auto, but the provision should be in the application so
that if there is a change of tenant the parking is required. She
stated she was pleased that the Planning Commission had decided
against rent control; that the limited size of the unit and the
market will do almost what we would like it to do for the rental
charge.
Mrs. Marcus stated her concern about a detached garage being
turned into a second unit and then the addition of another garage
and having a proliferation of small buildings in a single family
zone; that some consideration be given to the number of buildings
on these lots to compensate for the loss of a garage.
Councilmember Bergmann asked if there wasn't a limitation on lot
coverage. The Mayor stated to his knowledge there was no
limitation as to the number of structures on a lot as long as it
meets zoning requirements and set backs.
The Mayor closed the public hearing.
TOWN COUNCIL MINUTES #633
September 7, 1983
Page 8
In response to Councilmember Bergmann, the Deputy Town Attorney
stated that the requirement for 12,000 sq. ft. could be applied
to certain sections of the ordinance.
In response to Councilmember Smith, Ms. Walsh stated that the
12,000 sq. ft. requirement applied only to detached units as
currently proposed.
Councilmember Smith asked the Deputy Town Attorney if he had ever
seen anyone impose a density requirement per square footage on a
lot. The Deputy Town Attorney stated he was unaware of such a
provision; that Belvedere has a provision that limits the total
number of existing units at one time; that they limit the number
of units to 50.
Councilmember Bergmann questioned the Director of Community
Development regarding building materials and he stated that they
would be covered under the Uniform Building Code and Ms. Walsh
stated that exterior improvements would require Design Review
approval.
In response to questions from Councilmember Bergmann, Mr. Coxhead
stated he didn't intend to confine the units to elderly or low
and moderate cost housing by including that statement in the
application, however, he felt this should be the Town's goal.
The Mayor re-opened the public hearing.
Ms. Mirata stated in the R-2 zone, 7,500 sq. ft. is required for
two detached units. Asked if they could bring that second unit
up to code and apply for a condo? The Mayor stated he couldn't
imagine Council approving a condo conversion of 700 sq. ft. . Ms.
Mirata noted that nothing in this ordicance prohibits a second
story.
Councilmember Smith asked the Deputy Town Attorney if they could
designate in the R-2 zone against duplexes from having second
units which are really third units. The Deputy Town Attorney
responded yes, if you made the findings that result in the
determination that to permit such additional units would be
against public health and safety, etc.; that there could be an
escape clause; that the ordinance may be adopted prohibiting
second units only if those findings are made; that presuming you
made these findings you could prevent or refuse to permit second
units in the R-2 zone.
Director of Community Development Hanna stated that State law
allows the Council to designate areas for second units and it
follows that they could be excluded in certain districts.
The Mayor requested Staff to have minutes as complete as possible
on this subject and that at the next Council meeting they would
go thru the ordinance line by line for the purpose of first
reading.
B. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS
14. Memo from County Assessor to Town Manager dated 8/26/83
(Neighborhood Appraisal Review Program
The Town Manager reviewed the memo from the County Assessor and
stated the Assessor's inspection procedure would not change, but
they would concentrate their efforts in certain areas. In
response to Councilmember Bergmann, the Town Manager stated the
County has the authority to make these inspections now, however,
they were requesting permission from the jurisdictions to agree
that the funds generated by this increased inspection would
return to the County to pay for the costs of the additional
manpower for the next two years. Thereafter all additional funds
would go to the individual cities.
TOWN COUNCIL MINUTES #633
september 7, 1983
Page 9
The Mayor noted that the Joint Powers agreement did not increase
the county's power; that it provides for a diversion of funds.
Councilmember Smith noted that part of the problem of accepting
this program was that it had been given a new name.
MOTION: To authorize the Town Manager to formalize a Joint
Powers Agreement with other Marin cities, and return
the item to the Council for final approval.
Moved: Smith, seconded by Spartling
Vote: AYES: Smith, Spratling
NOES: Bergmann
ABSENT: Edelstein,' Rockey
I . ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon Mayor Spratling adjourned the meeting at 11:29 p.m., sine
die.
TOWN COUNCIL MINUTES #633
September 7, 1983
Page 10
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 p.m., Thursday, August
25, 1983, in the Hilarita Community Room, Tiburon, California.
A. ROLL CALL
PRESENT: COUNCILMEMBERS: Edelstein, Bergmann, Smith, Rockey
Spratling
EX-OFFICIO:
Town Manager Kleinert, Director of
Community Development Hanna, Town
Engineer Bala, Supt. of Public Works
Brunini
B. BUSINESS AND PUBLIC HEARING ITEMS
1. RING MOUNTAIN PRECISE PLAN/TENTATIVE MAP (Presentation by
Property Owner and Staff Review - Resolution)
The Director of Community Development provided background
information concerning the previous Tiburon Council and County of
Marin approval of the Ring Mountain Master Plan, and presented
the Tiburon Planning Commission's action and recommendations
concerning the precise Plan.
Richard Coombs, representing Ring Mt. Limited, gave a review of
the project and noted 2 items that were still to be resolved.
One was the issue of modifying lot lines so that adjacent
dwellings would have a reduced impact. Most concerns had been
satisfied, but discussions were continuing. He hoped final
details could be worked out and approvd by Staff. Landscaping in
the turnaround at the end of Taylor Road was also being
considered and he suggested Staff could approve the final plan.
Mayor Spratling then opened the public hearing.
Patrick Sheehan, a resident of the Taylor Road area, expressed
various concerns with the proposed development relating to lot
size, water pressure problems, slides and soils concerns and the
problems the current residents have with their septic tanks. It
was explained that all these items had been addressed during the
previous hearings.
Lawrence Duke, representing the Tiburon Hills Property Owners
Association, stated that their Association is totally opposed to
the development primarily because it concentrates almost all of
the development in the west Tiburon area. He suggested that the
Town Council deny the proposed plans and not allow the Tiburon
streets to be used for access to the development areas.
Barbara Taylor, resident of Reed Ranch Road, stated her concern
regarding the siting of the future homes on certain lots in the
Reed Ranch Road housing cluster.
TOWN COUNCIL MINUTES #632
August 25, 1983
Page 1
Mr. and Mrs. Rick DeNezza, 103 Reed Ranch Road, expressed their
concern regarding the position of certain lots and the possible
future invasion of privacy. They urged the Town Council members
to visit their residence and observe the proposed development
areas from their property.
Marsha Norris also expressed concern about the possible lack of
privacy because of the development and indicated her concerns
about the proposed drainage system and spoke in favor of fencing
the water retention ar_eas.
Mary Griffith suggested relocating the proposed roadway to be
consistent with the existing fire road because the proposed lots
were too narrow in that area.
Lawrence Duke inquired concerning the construction staging and
how much time would be required for full build out. Mayor
Spratling indicated that it is impossible to have a fixed date
for completion of all the units. The Town Engineer did advise
that all roads, curbs, gutters, drainage and other off-site
improvements must be completed within one year from filing of the
final map. The Developer noted that because of the volatile
market and interest rate problems, they certainly need
flexibility in determining the phasing of the project.
The Town Engineer stated that smaller pipes for the drainage
system from the holding basins were not really practical, nor
would they relieve the safety problem. He suggested instead some
type of screening at the entrance of the larger pipes. The Town
Council requested the Director of Community Development to check
on the question of legal liability regarding the drainage pipes
and whether fencing is required around the drainage pipes.
Councilman Edelstein stated that up hill lots can only do so much
in regard to mitigating the problem of privacy and that down hill
properties must bear some of the responsibility.
Certain residents complained about the La Cresta construction
times as work appears to be starting very early on weekdays and
Saturdays. Staff was directed to check the conditions of
construction and advise the La Cresta developer accordingly. A
condition of approval for this project should establish the
construction hours.
The Director of Community Development was also requested to check
on the lot sizes in the paseo Mirasol area by the next meeting
and provide an overlay of the Precise Plan proposal to the Master
Plan.
Councilwoman Bergmann was still concerned about the safety issue
relating to the drainage system and requested that the Staff
provide firm recommendations concerning the fencing and piping at
the next meeting.
Mayor Spratling made reference to the various letters, Planning
Commission minutes and related Ring Mountain information that was
included in the Town Council's packets. He encouraged the
Council members to contact the residents about field trips
whenever possible and requested that the developer stake the lot
frontages on the north side, Numbers 60-65 and on the south side,
Numbers 58-59, all four corners.
MOTION:
That the Ring Mountain Precise Plan public hearing be
continued to Council's next regularly scheduled meeting
September 7, 1983.
Moved:
Vote:
Smith, Seconded by Rockey
AYES: Unanimous
TOWN COUNCIL MINUTES #632
August 25, 1983
Page 2
B. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon Mayor Spratling adjourned the meeting at 10:35, p.m. sine
die.
TOWN COUNCIL MINUTES #632
August 25, 1983
Page 3
MINUTES
ADJOURNED MEETING
TOWN COUNCIL
CALL TO ORDER
Mayor Spratling called- the adjourned meeting of the Town Council
of the Town of Tiburon to brder at-9:15 p.m., Wednesday, August
24, 1983, in the Town Hall Conference Room, Tiburon, California.
A. ROLL CALL
PRESENT: COUNCILMEMBERS: Edelstein, Bergmann, Smith, Rockey
Spratling
EX-OFFICIO:
Town Manager Kleinert, Director of
Community Development Hanna, Finance
Director Nadritch, Supt. of public
Works Brunini, Chief of Police Bailey
B. PUBLIC QUESTIONS AND COMMENTS
There were none.
C. PUBLIC BEARINGS
1. FINAL REVIEW AND ADOPTION OF THE TOWN'S 1983-84 MUNICIPAL
BUDGET
Town Manager Kleinert gave a brief overview of the proposed
operating budget, capital improvement program and operating
budget analysis for 1983-84. He reviewed the Town' deficit
budget position during the past 3 years and the continual loss of
subvention revenue resulting from the State legislature's
actions.
The Town Manager reviewed the operating budget revisions totaling
an additional $28,800 and capital improvement budget revisions
totaling an additional $56,200. The projected increased revenues
resulting from the Financial Advisory Committee's recommendations
and subsequent actions by the Town Council was $157,000. These
estimates are based upon increased building and business activity
over 1982-83. The Town's operating budget is projected to be
balanced for the first time in the last three years although
future litigation costs remain a major area of concern. This cost
has been eliminated from the operating budget and funded directly
from the Town's restricted self-insurance program.
After reviewing certain major restricted fund balances for 1983-
84, the Town Manager recommended Council's approval of the final
Tiburon Town Budget for 1983-84 totaling $3,923,665. and composed
of the following:
/
:/
Operating Expenditures:
Capital Improvements:
Debt Service:
Open Space Acquisition:
$1,461,865
2,161,900
94,900
205,000
Councilman Rockey questioned if all salary increases for
miscellaneous employees and the Police Department employees 1983-
84 salary program were included in the budget. The Town Manager
indicated the majority of employee adjustments have been made and
are included in the budget. Staff intends to present to Council,
during the course of the year, certain employee anniversary
salary adjustments that will be funded from the Council's
contingency account.
TOWN COUNCIL MINUTES #631
August 24, 1983
Page 1
MOTION: To adopt the Municipal Budget of the Town of Tiburon
for Fiscal Year 1983-84
Moved: Bergmann, Seconded by Smith
Vote: AYES: Unanimous
MOTION: To approve the rate of the override tax levy applicable
to the Town's 1972 Open Space Bond Debt Servicing for
Fiscal Year 1983-84
Moved: Spratling, Seconded by Rockey
Vote: AYES: Unanimous
STATUS REPORT BY FINE ARTS COMMISSION
Ted Carter and Genny Chapman addressed the Council concerning the
Fine Arts Commission's activities and plans for the future.
Council authorized the Fine Arts Commission to continue its
programs as long as Staff support is kept to a minimum and
directed the Commission to explore possible merging with the
Tiburon Heritage Commission.
D. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Spratling adjourned the meeting at 9:45 p.m., to
Thursday, August 25, 1983, 7:30 p.m., Hilarita Community Room,
for the Ring Mountain Precise plan/Tentative Map Public Hearing.
TOWN COUNCIL MINUTES #631
August 24, 1983
Page 2
MINUTES
TOWN COUNCIL
CALL TO ORDER
Mayor Spratling called the regular meeting of the Town Council of
the Town of Tiburon to order at 7:40 PM, Wedesday, August 17,
1983, in the Hilarita Community Room, Tiburon, California.
A. ROLL CALL
PRESENT: COUNCILMEMBERS: Edelstein, Bergmann, Smith, Rockey
Spratling
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,
Minute Clerk Hennessy
B. APPROVAL OF MINUTES
#624, June 29, 1983
There was one typographical error.
MOTION:
Moved:
Vote:
To adopt Minutes #624 as corrected.
Rockey, Seconded by Smith
AYES: Unanimous
#627, July 20, 1983
The Mayor requested that Item 6, Zelinsky - Temporary Use Permit,
be corrected as follows: Third line, delete the word "feeling"
and insert "stated intent". Add the following sentence to the
fourth paragraph: The applicant acknowledged that the use would
have to be changed when the Southern Pacific project proceeds.
There were two typographical corrections.
MOTION:
Moved:
Vote:
To adopt Minutes #627 as amended.
Smith, Seconded by Bergmann
AYES: Unanimous
#628, August 1, 1983
There were two typographical corrections.
MOTION:
Moved:
Vote:
To adopt Minutes #628 as corrected.
Rockey, Seconded by Smith
AYES: Unanimous
#629, August 3, 1983
There were two typographical corrections.
MOTION:
Moved:
Vote:
To adopt Minutes #629 as corrected.
Rockey Seconded by Smith
AYES: Unanimous
C.
APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES
There were none.
TOWN COUNCIL MINUTES #630
AUGUST 17, 1983
PAGE 1
D. COMMISSION AND COMMITTEE ORAL REPORTS
Ferry Boat Committee
Councilman Smith gave the report for first six months of calendar
year
1983. He explained that the situation was grim; that the
passenger count was between 16 and 17% behind last year's count
and projecting for th~ rest of the year, the revenue would be
$500,000 and Harbor Carriers needa-$875,000 to break even. The
average daily passenger count was 757 and the Carrier needed 1300
per day; that 270 round trip passengers were needed to be added
to the system. The Tiburon Peninsula doesn't have a reservoir of
that many people to produce this increase.
The Marketing Advisory Committee intends to support Harbor
Carriers and they intend to continue to encourage the ferry
service. The Ark included a full color brochure in this week's
edition which was distributed throughout the County. Some of the
possibilities under consideration were: continuing to run the
ferry service for this fiscal year with a curtailed schedule; to
combine a Tiburon-Sausalito run (Sausalito is now served by
Golden Gate Carriers and they have just enough users to make up
the extra trippers) however, this would lengthen the run; to
establish our own Benefit District and provide a "subsidy" to
continue ferry service, or getting help from the Bridge District
or the Metropolitan Transportation Commission.
On suggestion of Councilman Smith, the Mayor appointed Councilman
Rockey as the Town Council's representative to deal with the
Bridge District, the Metropolitan Transportation Commission or
any other agencies to solve the problem regarding ferry service
in Tiburon.
E. PUBLIC QUESTIONS AND COMMENTS
Police Dog
Town Manager Kleinert introduced Officer Blaskower and the Town's
new police dog Laddie. Laddie is 16 months old and will be in
training the next 6 months.
Telephone Company Representative
Town Manager Kleinert introduced Lilly Heyen of Pacific
Telphone's Marketing Department. Ms. Heyen stated she was
present to answer any questions and help with the interaction of
the Town and telephone company. In response to Councilman
Rockey, Ms. Heyen stated she would report back to the Council on
the status of the 911 emergency number.
Landmarks Sign
Councilman Rockey requested the Department of Public Works to
investigate moving the Landmarks Sign near the intersection of
Mar West and Tiburon Blvd. which was originally erected to point
towards Old st. Hilary' Church, but is now pointing towards the
new office building.
F. CONSENT CALENDAR
The Town Manager suggested moving Items number 10 and 11 to the
Consent Calendar. Discussion followed regarding Item 10 and it
was decided not to move it to the Consent Calendar.
In regard to Item 11, Councilwoman Bergmann was appointed to
attend the meeting scheduled for September 14th.
TOWN COUNCIL MINUTES #630
AUGUST 17, 1983
PAGE 2
MOTION: To adopt the Consent Calendar consisting of:
1. Traffic Safety Committee Report (August 1983)
2. Police Report (July 1983)
3. Commercial Amusement Devices (Repeal of
Resolution #2089 Setting Tax - Resolution)
4. Recognition of Public Service (Pierre Joske _
Resolution)
5. Marin Recycling and Resource Recovery (Set
September 7, 1983 for Public Hearing to
Consider proposed 1983-84 Recycling Surcharge)
11. Letter from Board of Supervisors Chairman to
Mayor Spratling, dtd, 7/29/83 (101 Corridor
Transportation Study)
Moved: Smith, Seconded by Bergmann
Vote: AYES: Unanimous
G. BUSINESS & PUBLIC HEARING ITEMS
6. TRANSIENT OCCUPANY ORDINANCE (Amend Municipal Code to Reflect
Tax Rate Amendment - Ordinance 1st Reading)
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
Mayor Spratling read "AN ORDINANCE OF THE TOWN OF TIBURON
AMENDING CHAPTER 7 OF THE TIBURON MUNICIPAL CODE RELATED TO THE
TRANSIENT OCCUPANCY TAX"
MOTION: To pass 1st reading of the aforementioned Ordinance as
submitted
Moved: Edelstein, Seconded by Bergmann
Councilman Rockey stated he would continue to oppose the 10%
increase on the basis it's too much too soon.
Vote: AYES: Bergmann, Edelstein, Smith, Spratling
NOES: Rockey
7. BUSINESS LICENSE ORDINANCE (Amend Municipal Code to Reflect
Ordinance Amendments - Ordinance, 2nd Reading)
Council waived Staff report.
Mayor Spratling opened the public hearing. There being no
comments, the Mayor closed the public hearing.
Town Manager Kleinert stated a letter had been received and
distributed to the Town Council from the Marin Builders' Exchange
outlining their concerns. The Town Manager asked the Council if
it was their intention for the General Contractor to pay the
business license fee for the sub-contractors. The Mayor
responded that this was his intent. Discussion followed
regarding sub-contractors and it was generally agreed that the
General Contractor would pay the business license fee for the
sub-contractors.
Councilman Rockey stated his opposition to the Ordinance as it
was presented; he asked Staff if anyone had projected the cost
for the business license for the Southern Pacific project; that
he objected to the $3 per $1000 value of the project clause and
not the $90 fee. The Mayor stated he was in favor of a tax based
on the value of the project. Councilman Rockey stated he felt
the Town could balance the budget without these kinds of taxes.
TOWN COUNCIL MINUTES #630
AUGUST 17, 1983
PAGE 3
Councilman Rockey asked Staff to compile a report listing all the
taxes, fees and levys imposed by the Town to build a home,
including bedroom taxes, contractors fees, license fees and
improvements to Tiburon Blvd. He stated he would not support
this Ordinance without this information.
The Mayor requested that the Council review the Ordinance page by
page.
Page 2, Gross Receipts, 4th paragraph, it was decided to delete
the reference to sub-contractors, and the paragraph is to end on
the 10th line with the words "for whom collected."
The Mayor requested that there be an addition on page 5, fourth
paragraph, following hundred dollars ($100.00) "or the amount set
forth in the Schedule 4-12 based on applicant's signed statement
of anticipated gross receipts whichever is greater".
Page 7, Building Contractors, "AND SUBCONTRACTORS" was deleted.
The next definition was reworded to state: "$3 per $1,000 (or
fraction) of the value of each project performed, with a minimum
of $90 per year."
Page 7, Delivery Businesses, Staff was requested to reference
Section 4-15.
The Mayor requested Staff to make sure Harbor Hills, Village Oaks
and vista Belvedere had licenses per the Living Accommodations
section of the Ordinance.
Councilman Rockey presented the Council with his calculations for
a percentage fee tax rather than the fixed rate tax as presently
proposed. The Council reviewed Councilman Rockey's
tabulations. He stated his support of the smaller businesses in
Tiburon which he felt were unduly burdened by the proposed tax.
MOTION: That Councilman Rockey's schedule be substituted for
the one proposed under Section 4-12.
Moved: Rockey, Seconded by Edelstein
Councilman Edelstein stated his support of a fixed percentage
rate; that Staff could recommend a change in the fixed rate in
the future and this could be handled by Resolution; that a fixed
percentage rate would simplify administration.
Mayor Spratling stated his opposition to the motion. Although he
appreciated the work Councilman Rockey had done, given the number
of businesses that fell within the lower categories, he was
opposed because relief to the smaller businesses as he had
proposed had a commensurate effect on the Town budget.
Discussion followed regarding gross receipts; staff time
administering the ordinance; inconsistency of the proposed scale;
large buinesses versus small businesses and their percentage of
tax.
Councilman Smith pointd out that the difference between the
porposed Ordinance and Councilman Rockey's calculations were a
minuscule percentage difference, and he agreed with Mayor
Spratling that the Town needs some money.
AMENDED MOTION: Councilman Rockey stated he would amend his
motion to include Councilman Edelstein's
suggestion that the Staff return to the Council
with a revised fixed percentage rate.
Town Manager Kleinert pointed out his concern that if there was a
major change in this Ordinance, it would have to return to first
reading; that the business community had been present at the
previous 1st reading of this Ordinance and were not in attendance
TOWN COUNCIL MINUTES #630
AUGUST 17, 1983
PAGE 4
this evening. The Town Manager recommended that the Council
proceed with the 2nd reading and adoption of the Ordinance for
the current fiscal year, and at Council's direction it could be
reconsidered and amended prior to the next fiscal year.
Councilman Edelstein withdrew his second to the ori~inal motion.
He stated he didn't want to endanger the entire Ord1nance and the
proposed ordinance modification could be reviewed during the
course of the fiscal year.
AMENDED MOTION: Fails for lack of a second.
The Mayor directed Staff to do the. investigation as proposed and
make a presentation before renewal of the Business License Tax
for next fiscal year.
The Mayor also requested Staff to issue stickers to delivery
vehicles in order to assist enforcement of the business license
ordinance.
In response to Councilwoman Bergmann, the Deputy City Attorney
stated that after three warning notices to someone in default of
having a business license, then the matter goes to Court.
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
TITLE 11, CHAPTER 4, OF THE TIBURON MUNICIPAL CODE"
MOTION: To approve 2nd reading and adoption of the
aforementioned Ordinance as amended.
Moved: Bergmann, Seconded by Smith
Vote: AYES: Edelstein, Bergmann, Smith, Spratling
NOES: Rockey
8. APPEAL OF BOARD OF ADJUSTMENTS AND REVIEW DECISION
(3616 Paradise Dr1ve, S1ngle Family Residence)
Director of Community Development Hanna reviewed the application
and the conditions placed by the Board of Adjustments.
Landscaping plan and site plan were displayed. Mr. Hanna told
the Mayor that the Tiburon Fire District would approve the plans
as proposed; that their requirement was to b able to get within
140' of the structure. Mr. Hanna reviewed the existing and
proposed landscaping; reviewed detailed property line maps and
stated that no variances were required.
The Mayor opened the public hearing.
Mr. Hecker, respresenting Mr. Robinson, 3614 Paradise Drive,
stated it was their opinion that his client wasn't properly
notified of the Board of Adjustments and Review hearing and
requested the Council to remand the matter back to the Board.
The Mayor questioned Staff, Mr. Coxhead of the BAR, Mr. Robinson
and Mr. Hecker ~egarding noticing of the meeting, and it was
determined that the courtesy notices had been mailed; that Mr.
Coxhead had spoken to Mr. Robinson regarding the item being on
the agenda; that Mr. Robinson was out of town the date of the
meeting but that his wife had attended the BAR meeting.
Mr. Hecker introduced Mr. David Colleen, architectural designer,
who displayed his renderings of views of the proposed house
approved by the BAR: Mr. Colleen believed the renderings were a
more realistic view and his renderings included a worst case
example of what could happen to the site. He asked for a current
soils report. He questioned pictures that had been shown to the
BAR which did not indicate the chimney and questioned whether the
proposed house was within the 30' height limitation. He stated
his client's objection to landscaping on his property; questioned
the use of the easement.
TOWN COUNCIL MINUTES #630
AUGUST 17, 1983
PAGE 5
The Mayor noted the Council wished to adjourn by 11:30 p.m. and
notified the applicant of the Ring Mountain project that the
Council would not have enough time to hear them this evening and
a special meeting would be set for this proposal. Mr. Coombs
stated he would like to wait and make a presentation even if
therewas only a short amount of time left after this item.
Stephen Fraser, representing Mr. and Mrs. Moriguchi, owners of
3616 Paradise Drive, reviewed the history of the proposal and the
access easement; that the word access had been added to the
utility easement and the easement widened to 20' many years ago.
Mr. Robinson stated he objected to the removal of large trees on
this easement; Mr. Lutich, adjacent neighbor, agreed.
Mr. Richard Handlen, architect, reviewed the landscaping map and
explained that the present location of the house preserved Mr.
Robinson's view, beach access would be provided and he believed
the site to be the least obtrusive; plans were to use fast
growing plants on the retaining walls so that within a year or
two years the walls will be covered; the pictures shown the BAR
were taken from actual photographs on site; the house met the
height limit including the chimneys; they had proposed a stairway
on their property for beach access for the Robinsons; they
proposed turf block on the turnaround of the driveway, and the
house was at the waterline during the winter months. BCDC would
not comment on the proposal until the Town had finished their
review process.
In response to questions from the Council, Mr. Handlen reviewed
the three alternatives to the access problem, but without tne
neighbors support they cannot use the alternatives which would
have been more aesthetic, saved trees and less expensive.
In respose to Councilwoman Bergmann, Mr. Fraser stated they would
do whatever was necessary to maintain landscaping on Robinson's
property and facilitate access to the beach.
Mr. Handlen stated that this was probably the most complete set
of preliminary plans ever submitted; that they had worked up
structural calculations and sketches for the structure; they had
done landscaping plans; did sun angle calculations to show the
house didn't interfere with a neighbors' solar collector.
Vernon Dallman, 7 Playa Verde, stated his objections to the
proposed retaining walls, and referred to the history of the
subdivision of these lots; that he had never refused Judge Weigel
access across his property; that he opposed it now because he had
spent thousands of dollars on landscaping and erection of a tea
house; that he disagreed with the contour line of the grade as
shown.
In response to the Mayor, Mr. Hanna stated that if the contour
line were not correct, it would effect the grade and the height
of the retaining wall, which would then probably require a
variance.
Mr. Lutich, 3610 Paradise Drive, objected to two lots on an acre
of land; that they were circumventing the environmental laws;
that the proposal would make massive cuts in the hill.
Mr. Lucken, 3600 Paradise Drive, stated he felt the access was on
his property.
Victoria Drum, 3654 Paradise Drive, noted that their property has
suffered severe land loss from natural causes and they have spent
thousands of dollars to correct the problem, and the Council
should be aware of potential problems.
TOWN COUNCIL MINUTES #630
AUGUST 17, 1983
PAGE 6
The Mayor stated the Council had confidence in the Town Engineer
and he would not approve anything without proper drainage
requirements.
Discussion followed regarding the drainage easement. The Town
Engineer noted there was a specific problem area and he had
requested that the soils report pertain to this problem; that the
area would have to be stablized.
Mrs. Lutich stated she was concerned that there would be damage
to the roots of her tr~es and she was afraid of a slide.
Mr. Robinson reiterated his concerns.
The Mayor closed the public hearing.
Discussion followed regarding BCDC requirements, alternative
access.
Councilman Smith stated his objection to the placement of a house
at this location.
The Deputy Town Attorney stated he had no information to believe
it is not a legal lot; that was not the question before the Town
Council; that the Council's responsibility was to pass upon the
determination of the BAR, to hear the appeal and decide on it.
Councilman Rockey agreed with Councilman's Smith's statement,
however he could not find any procedural aspects of the Board
which were not handled appropriately; that he would uphold the
Board's decision; that he would like to have some of the
provisions more closely scrutinized by the Town Engineer.
Councilwoman Bergmann stated her concern regarding the
landscaping .
The Mayor stated he felt handcuffed; that he would never approve
this as a building site; that given the instructions of the Town
Attorney that this appeared to be a legal lot; that it appears to
be the only access as required by the Fire Department; that he
did not feel notice was deficient; that he did not believe the
applicant's were denied due process; that in regard to the
closeness of the easement to the garage and existing deck, he
felt it was unfortunate, but didn't believe you can build right
up to the easement and then complain that the easement is being
used and too close to the existing structure; that Mr. Fraser has
promised to build any type of access Mr. Robinson wants; that he
would like to see greater landscaping than proposed by BAR; that
he would prefer to see turf block down along the driveway.
The Mayor proposed that an investigation be made and a
determination made as to what the real elevation of the property
is and if indeed the elevation line is as contended by Mr.
Dallman and Mr. Lutich that a variance for the retaining wall be
required and the findings of a variance be met. He would
condition any approval on that determination and if the elevation
is as Mr. Dallman represents then a variance should be discussed
before the Board of Adjustments and Review.
Mr. Fraser stated they had no objections to this condition, and
would agree to extending the turf blocking.
MOTION: That the appeal be denied and the fOllowing conditions
be placed on the application:
1. Access for the Robinsons and any other existing
pedestrian access be provided and maintained
2. that the final landscape plan be reviewed by the
Board with particular attention given to
softening the effect of the driveway with methods
such as turf blocking
TOWN COUNCIL MINUTES #630
AUGUST 17, 1983
PAGE 7
3. maintenance and planting or landscaping on
Robinson's property be mutually agreed to and
approved by the Board
4. subject to the Board making findings on the
retaining wall in question regarding whether its
height requires a variance, and if so, subject to
the Board making the required findings to approve
such a variance.
5. subject to the conditions applied by the
Board
6. subject to an updated soils engineer report being
obtained and submitted 'to the Town Engineer and any
of his requirements based on the findings of the
soils report be included as a condition.
Moved:
Vote:
Edelstein, Seconded by Rockey
AYES: Bergmann, Edelstein, Rockey, Spratling
NOES: Smith
The Mayor requested that when the Director of Community Services
receives a copy of the soils report that Mr. Robinson be notified
of comments made by the soils engineer and Town Engineer
regarding the soils report.
There followed a discussion of the landscaping bond requirements
and the BAR condition was left standing.
The Council set a special meeting on August 25, 1983 to hear
presentation by property owner and staff review of Ring Mountain
Precise Plan/Tentative Map.
B. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Spratling adjourned the meeting at 11:35 p.m. to
Wednesday, August 24, 1983, 8:30 p.m. in the Town Hall Conference
Room for final consideration and adopt" n of the 1983-84 Town
Budget.
TOWN MANAGER/CLERK
TOWN COUNCIL MINUTES #630
AUGUST 17, 1983
PAGE 8
MINUTES
TOWN COUNCIL
CALL TO ORDER
Mayor Spratling called the regular meeting of the Town Council of
the Town of Tiburon to order at 7:35 PM, Wendesday, August 3,
1983, in the Hilarita Community Room, Tiburon, California.
A. ROLL CALL
PRESENT: COUNCILMEMBERS: Edelstein, Bergmann, Smith, Rockey,
Spratling
EX-OFFICIO: Town Manager Kleinert, Director of
Community Development Hanna, Finance
Director Nadritch, Town Attorney Conn,
Deputy Town Engineer Strandgaard,
Supt. of Public Works Brunini, Acting
Chief of Police Lima, Minute Clerk
Hennessy
B. APPROVAL OF MINUTES
#625, July 6, 1983
Council made two typographical corrections.
MOTION:
Moved:
Vote:
To adopt Minutes #625 as corrected.
Rockey, Seconded by Smith
AYES: Unanimous
i626, July 18, 1983
Council made one typographical correction.
MOTION:
Moved:
Vote:
To adopt Minutes #626 as corrected.
Bergmann, Seconded by Rockey
AYES: Unanimous
C. APPOINTMENT TO COMMISSIONS, BOARDS, COMMITTEES
Mayor Spratling recommended consideration of Michael Friedman for
appointment to the Board of Adjustments.
MOTION:
Moved:
Vote:
To nominate Michael Friedman to the Board of Adjustments
ROCkey, Seconded by Smith
AYES: Unanimous
Mayor Spratling recommended consideration of Don Batten to the
Sonoma/Marin Mosquito Abatement District.
MOTION:
Moved:
Vote:
To nominate Don Batten to the Sonoma/Marin Mosquito
Abatement District.
Smith, Seconded by Rockey
AYES: Unanimous
D. COMMISSION AND COMMITTEE ORAL REPORTS
There were none.
E. PUBLIC QUESTIONS AND COMMENTS
There were none
TOWN COUNCIL MINUTES #629
AUGUST 3, 1983
Page 1
F. CONSENT CALENDAR
Council moved Item 7 to the Consent Calendar. Town Manager
Kleinert noted that the Traffic Safety Committee Report was
actually the Police Department report for June.
MOTION: To adopt the Consent Calendar consisting of:
1. Police Department Report (June 1983)
2. Acceptance of South of the Knoll Improvements
(Resolution #2151)
3. Claim for Damages (Bel~edere Land Company,
Recommend Denial)
4. Finance Report (June 1983)
5. Mt. View Drive Assessment District (Determine
Assessment Remaining Unpaid, Resolution 12153)
7. Wells Fargo Fitness Court (Location Recommendation
by Parks & Open Space Commission)
Moved: Rockey, Seconded by Smith
Vote: AYES: Unanimous
G. BUSINESS
6. 1982-84 ANNUAL POLICE EMPLOYEES SALARY PROGRAM
Mayor Spratling removed the item from Council consideration
because an agreement had been struck between the Tiburon Police
Association and the Town providing for a 3.9% increase
(incremental cost $20,500) over the 1982-83 compensation
program. With the consensus of the Council, he requested the
Town Manager to amend the Memo of Understanding to reflect this
agreement, effective August 1, 1983.
Councilman Rockey extended the Council's appreciation for the
time and effort spent by Alan Nadritch on behalf of the Town in
negotiations with the Police Association. Mayor Spratling
requested that Acting Chief Lima extend the same appreciation to
members of the Tiburon Police Association.
H. PUBLIC HEARINGS
8. REZONING FROM A-2 TO RO-l (NEILL SMITH PROPERTY, ORDINANCE
2ND READING
Director of Community Development Hanna reported that no
subdivision map had been submitted; that he was unable to reach
the applicant; that a message had been left on his answering
machine re this meeting.
The Mayor continued this item to the end of the agenda in the
event the applicant appeared.
9. MASTER & PRECISE PLAN AMENDMENT (Agins Property, Ordinance
2nd Reading)
Council waived the oral staff report.
Mayor Spratling opened the public hearing.
Town Attorney Conn requested that Under H., next to the last
line, the word "appropriate" be changed to "preferred" on both
the Resolution and the Ordinance.
There being no public comments, Mayor Spratling closed the public
hearing.
TOWN COUNCIL MINUTES #629
August 3, 1983
Page 2
Director of Community Development Hanna requested that Parcel
Numbers 39-171-02, 03, 04, 05, 07, 08, 17 and 18 be inserted in
paragraph H in lieu of (Sederquist, Schuchardt, peninsky).
Councilman Smith requested that the word "Planning" be inserted
before Commission in Section 2., paragraph 1.
MOTION:
To adopt the Resolution of the Town Council of
the Town of Tiburon approving the Agins application
for an amendment to the precise plan.
Edelstein, Seconded by Bergmann
AYES: Unanimous
Moved:
Vote:
MOTION:
Moved:
Vote:
To read the Ordinance by title only.
Edelstein, Seconded by Bergmann
AYES: Unanimous
Mayor Spratling read: AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING THE AGINS APPLICATION FOR AN AMENDMENT
TO THE MASTER PLAN
MOTION:
Moved:
Vote:
To adopt first reading of the aforementioned Ordinance.
Edelstein, Seconded by Bergmann
AYES: Edelstein, Bergmann, Smith, Rockey, Spratling
10. BUSINESS LICENSE TAX SCHEDULE MODIFICATIONS (Ordinance, 1st
READING
Finance Director Nadritch reviewed the staff report, and the Town
Manager noted that Staff had met with the business community on
three separate occasions. Staff reviewed some of the concerns of
the merchants and indicated that copies of the proposed changes
and Financial Advisory Report had been made available to the
community. The Chamber of Commerce's Board of Directors' primary
concerns were: that the Tiburon Lodge was an integral part of
the downtown community and the restaurants and shops benefited
from their presence, and that it appeared with the proposed
increase in the Transient Occupancy Tax the Lodge was being
unfairly burdened with the additional business license tax.
Director Nadritch pointed out that the per unit charge had not
been increased in the proposed schedule. The Chamber members
felt the Lodge's business license tax should be based on gross
receipts, rather than per unit. Certain business community
representatives felt there was too much of an increase in the
proposed middle range of the gross receipts schedule. They also
inquired as to the Town Council's position on future legislation
which would allow an increase in sales tax. The business
community stated an increase in sales tax would not be
supported. The Chamber's Board of Directors felt the commercial
filming fees were too low and should be increased. A
determination should be made of which type of filming would b
beneficial to Tiburon/Belvedere and which filming was totally
commercial in nature.
The Mayor opened the public hearing.
Anna Stock, Mood ,and Main Things, stated that her sales had been
down during the past year; that July showed a 25% increase in
sales; that the Town will benefit with increased revenue as
business improves in the community. She objected that too many
people were placed in the $165 range and the proposed business
license tax for professionals was decreased.
Cynthia Gilbert, member of the Chamber of Commerce Board of
Directors, expressed their major concerns were: an increase in
sales tax; small businesses having large increases, and the
TOWN COUNCIL MINUTES #629
August 3, 1983..........page 3
treatment of the Tiburon Lodge. She requested the Council to
look at an increase in revenue from additional sales tax as
business improved. As a professional, she supported the current
proposed classification as defined in the tax schedule.
Tom O'Neill, Hearts & Flowers, stated he didn't disagree with the
need for an increase in the business tax, but was concerned that
it appeared that the smaller businesses were paying more than the
larger businesses. The ratio of tax on gross receipts for a
small business is larger than the ratio of tax for a large
business. He asked why there isn't a single percentage that
everyone pays.
Mayor Spratling closed the public hearing.
The Finance Director stated the proposed schedule was originally
submitted to the Council with three different classes; it was
developed after analysis of other jurisdictions and the original
schedule was based on Mill Valley's.
Town Manager discussed the possible inequities of a flat
percentage fee.
Councilman Rockey stated he supported the idea of eliminating
multiple categories; that he felt the larger businesses required
more of the Town's services than the smaller businesses or
professionals and should be taxed accordingly; that the latter
was not addressed in the current schedule.
Councilwoman Bergmann stated she felt the sliding range fee
appropriate because of the simplicity.
Councilman Smith stated that as a member of the Finance Advisory
Committee they felt a sales tax increase of any kind would be a
last resort. He didn't consider a sales tax increase as being a
consideration in the near future.
Council discussion followed regarding including V1aeo machines in
the business license ordinance. The Mayor directed the City
Attorney to revise the business license ordinance so as to
include video games and to eliminate any inconsistency that may
exist with other regulations governing video game fees.
The Council agreed to remove the hotel (Tiburon Lodge) section
from the flat fee portion of the business license schedule and
place it in the gross receipts schedule.
Council members agreed that the revised ordinance would be
effective from July 1, 1983 to June 30, 1984, with a delinquency
date, for this year only, of November 1, 1983.
The Mayor re-opened the public hearing.
Tom O'Neill reiterated his concern that smaller businesses were
being taxed or treated differently than the larger businesses.
The Mayor pointed out that it was the historical experience of
municipalities that there are more businesses in the small
categories than the large categories; that if you combine taxes
paid by a group of small businesses to a large business they
would reflect the same burden.
Councilman Smith stated his opinion was that the business license
program should be kept simple rather than complicated to save
Town Staff hours of adminstrative time.
Councilman Rockey stated there was a strong case to be made to
abandon the sliding scale; that a percentage could be found and
TOWN COUNCIL MINUTES #629
August 3, 1983.......page 4
applied uniformally; that he was reluctant to adopt the proposed
schedule and would like it given more thought.
Mayor Spratling asked the Councilmembers to consider whether to
use the sliding scale as proposed by Staff, or to go back and
determine an appropriate single percentage to be applied to all
gross receipts that would result in approximately the same amount
of revenue to the Town. On polling the Council, Bergmann, Smith
and Spratling favored the sliding scale and Edelstein and Rockey
preferred the percentage approach.
Mayor Spratling summarized ~the changes in the proposed business
license schedule to include: modification to the living
accommodations section; inclusion of video games in the
ordinance; amend the delinquent date for these fees to November 1
for this year only; typographical correction on page 6, section
4-8 third sentence from the end "event"; typographical correction
on page 9, section 4-14, paragraph A "name"; section 4-15 ., this
section shall be...and character; page 2, definition of business
"whether or notcarried on for profit"; clarification of "tax
exempt" organizations and definition of gross receipts to be
clarified by the Town Attorney.
MOTION:
Moved:
Vote:
Read by title only.
Smith, seconded by Bergmann
AYES: Unanimous
Mayor Spratling read: AN ORDINANCE OF THE TOWN OF TIBURON
AMENDING TITLE 11, CHAPTER 4, OF THE TIBURON MUNICIPAL CODE
MOTION:
Moved:
Vote:
To approve first reading as amended.
Smith, seconded Edelstein
AYES: Edelstein, Bergmann, Smith, Spratling
NOES: Rockey
8. REZONING FROM A-2 TO RO-l (Neill Smith Property,
Ordinance,2nd Reading)
Item continued to the next meeting upon request of Director of
Community Development Hanna.
J . ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon Mayor Spratling adjourned the meeting at 9:30 P.M., sine
die.
ATTEST:
TOWN COUNCIL MINUTES #629
August 3, 1983
Page 5
MINUTES
TOWN COUNCIL
CALL TO ORDER
Mayor Spratling called the adjourned meeting of the Town Council
of the Town of Tiburon to order at 7:35 PM, Monday, August 1,
1983, in the Hilarita Community Room, Tiburon, California.
A. ROLL CALL
PRESENT: COUNCILMEMBERS: Edelstein, Bergmann, Smith, Rockey,
Spratling
EX-OFFICIO: Town Manager Kleinert, Director of
Community Development Hanna, Dirctor
of Finance Nadritch, Supt. of Public
Works Brunini, Chief of Police Bailey,
Minute Clerk Stultz
B. PUBLIC BEARINGS
1. FAC RECOMMENDATIONS
a. Police Services - Town Manager Kleinert gave a brief overview
of the FAC Comm1ttee proceedings and provided a brief history of
the formation of the Tiburon Police Department.
Mayor Spratling then opened the public hearing.
Mr. Don Batten, Mr. Bill Crosby and Mr. Buddy Hirsch addressed
the Council, all aSking that no personnel reduction be made in
the Police Department. Officer Harry Bennigson also requested
that no personnel reductions be made in the Police Department.
Being no further public comment, Mayor Spratling closed the
public hearing.
Councilman Rockey asked what is the 1983-84 Overtime Budget in
the Police Department? Director Nadritch replied $11,000.
Councilman Edelstein then discussed Marin Major Crimes Task Force
(MMCTF) funding and questioned effectiveness of narcotics
enforcement. Councilmember Bergmann asked what is the Town's
false alarm activity? Bailey replied about 60 calls per month.
Mayor Spratling applauded the police activity and the Town's
support of it. He also supported purchase of a police dog.
Councilman Rockey addressed history of demand for services before
and after implementation of Propositon 13 in 1978. He noted that
before proposition 13, if citizens wished a higher level of
service, the Town would provide it and adjust property taxes
accordingly to pay for it. After proposition 13, demand for
services increase, yet there can be no commensurate property tax
increase to pay for it -- therefore demand for increased services
is strong. Councilman Rockey suggested that Town Staff prepare
an ordinance for charging homeowners and others when their
burglar alarm systems activate false alarms.
Town Manager Kleinert then summarized the level of Police service
currently provided to the Tiburon community. It was Council's
intent not to support police personnel reductions at this time
unless ~was absolutely necessary to balance the budget.
TOWN COUNCIL MINUTES #628
August 1, 1983
Page 1
b. Transient Occupancy Tax - Town Manager Kleinert gave a brief
history of the tax, noting that it was last increased in 1978
from 4% to 6%. He provided the Council with a breakdown of other
California cities and their respective Transient Occupancy Tax
which ranged from 6% to 10%.
Mrs. Kay Kilduff, Manager of the Tiburon Lodge, addressed the
Council and expressed a desire to maintain the tax at its current
level, because of reduced patronage in recent months. Mayor
Spratling asked Mrs. Kilduff what an average room at the Tiburon
Lodge cost? Mrs. Kilduff replied, $60. Councilman Rockey then
asked when was the room ra~e last raised and by how much? Mrs.
Kilduff replied, in April 1983 and with an average increase of $5
per room.
Council supported the 10% Transient Occupancy Tax by the
following vote:
AYES: Edelstein, Bergmann, Smith, Spratling
NOES: Rockey
c. Debarkation Fee - Town Manager Kleinert provided a brief
overview of the proposed 50~ per person fee and noted the Public
utilies Commission (PUC) would not be involved in the process.
The Town Manager indicated that the money raised by such a fee
would be used to offset various impacts to the Town, such as
litter control, traffic congestion and parking for the many
people who visit Angel Island and debark from Tiburon. Mr.
Nieder of the California State Parks Department stressed that
littr control is practiced on the Island and other methods of
reducing th visitor impacts on Tiburon should be considered.
Councilman Rockey said he supports a debarkation fee absent the
State's recognition and support of Tiburon's position as a .
springboard for the many visitors (estimated at 50,000 in 1982-
83) to the Island.
Council unanimously supported enactment of a 50~ per person
Debarkation Fee, and authorizd Staff to prepare appropriate
implementation legislation for Council approval.
d. planning Services - Town Manager Kleinert gave a brief
overview of the FAC's recommendation, which was, primarily, to
allow more staff discretion on design review matters, prepare
less staff reports and perhaps provide for the elimination of one
position in the Department of Community Development. Council
then discussed the impact of cutting the Assistant Planner
position, the purpose and objective of the Board of Adjustments
and Review, and the wisdom of installing higher planning fees
while cutting staff. Council requested Staff provide greater
specificity of the FAC's recommendation, with an eye towards how
such a reduction in personnel would impact the Department of
Building & Planning's staff workload and revenue generation.
e. General Administration Services - Town Manager Kleinert
reviewed h1s recommendation for a reduction in the Town Attorney
and Town Engineer retainer time, and for the consolidation or
reduction in size of the Tiburon Heritage Commission, Fine Arts
Commission, and the Park & Open Space Commission. Council then
discussed the goals and objectives of the noted Commissions and
suggested a Public Hearing be scheduled to allow the Chairpersons
of the Tiburon Heritage Commission and Fine Arts Commission and
other interested persons appear and discuss Council's desire to
either reduce, consolidate, eliminate these Commissions in the
near future. It was Council's intent to allow the Parks & Open
Space Commission to continue at its current level of activity and
current level of Staff support.
Council suggested that the headings of Business and Public
Hearings categories on the Council agenda be combined into one
TOWN COUNCIL MINUTES #628
August 1, 1983
Page 2
heading: "Business/public Hearings", to allow more flexibility
in scheduling and minimizing the Town Attorney's and Town
Engineer's time spent at Town Council meetings.
J. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon Mayor Spratling adjourned the meeting at 11:00 P.M. sine
die.
GARY
Town
TOWN COUNCIL MINUTES #628
August 1, 1983
Page 3
MINUTES
TOWN COUNCIL
CALL TO ORDER
Mayor Spratling called the regular meeting of the Town Council of
the Town of Tiburon to order at 7:35 PM, Wendesday, JULY 20,
1983, in the Hilarita Community Room, Tiburon, California.
A. ROLL CALL
PRESENT: COUNCILMEMBERS: ~Edelstein, smith, Rockey, Spratling
EX-OFFICIO:
Town Manager Kleinert, Director of
Community Development Hanna, Town
Attorney Ragghianti, Town Engineer
Bala, Supt. of Public Works Brunini,
Chief of Police Bailey, Minute Clerk
Stultz, Finance Director Nadritch
ABSENT: COUNCILMEMBER:
Bergmann
B. APPROVAL OF MINUTES
There were none at this time.
C.
APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES
MOTION:
Moved:
Vote:
to appoint Renton Rolph to the Planning Commission
Rockey, Seconded by Smith
AYES: Unanimous
ABSENT: Bergmann
D. COMMISSION AND COMMITTEE ORAL REPORTS
There were none.
E. PUBLIC QUESTIONS AND COMMENTS
Town Manager Kleinert reported that Sergeant Larry Lima, Acting
Chief of POlice, was present at the Staff table sitting in for
Chief Bailey who is at home recovering from surgery.
F. CONSENT CALENDAR
In regard to Item 1, Council recommended that staff write a
letter to the San Francisco Foundation expressing the Town's
appreciation for funding certain storm related repairs throughout
the Town.
MOTION: Adopt the consent calendar consisting of:
1. NOTICE OF COMPLETION (Round Hill Road Slide Repair)
Moved: Smith, Seconded by Rockey
Vote: AYES: Unanimous
ABSENT: Bergmann
G. BUSINESS
2. 1983-84 ANNUAL SALARY PROGRAM (Police Employees)
Mayor Spratling noted he received a letter from the Tiburon
Police Association requesting that a third party mediator be
brought in to the negotiations as the Town and TPA had reached an
impasse. Mayor Spratling advised the Council he responded to the
TPA's letter indicating that the Council did not think that a
third party mediator would be beneficial and that Council had
directed the Town Manager to prepare a resolution approving the
1983-84 Police Employees Salary Program in conjunction with the
final offer submitted by the Town. On July 19th David Hutton,
President of the TPA, acknowledged receipt of the Mayor's letter
and advised the Council that the TPA is willing to meet with the
TOWN COUNCIL MINUTES #627
JULY 20, 1983
PAGE 1
Town Manager in a fact-finding session. In accordance with the
letter, Mayor Spratling recommended the Council defer
consideration of this matter to their next regular meeting of
August 3, 1983.
MOTION:
Moved:
Vote:
to continue this matter to August 3, 1983
Rockey, Seconded by Edelstein
AYES: Unanimous
ABSENT: Bergmann
B. PUBLIC HEARINGS
3. MASTER & PRECISE PLAN AMENDMENT (1704 Tiburon Blvd., Clothing
Store, Ord1nance 2nd Reading, Resolution)
Council waived the oral Staff Report.
Mayor Spratling opened the public hearing and being no comments,
Mayor Spratling declared the public hearing closed.
MOTION:
Moved:
Vote:
read by title only
Rockey, Seconded by Edelstein
AYES: Unanimous
ABSENT: Bergmann
Mayor Spratling read "AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING THE MASTER PLAN FOR 1704 TIBURON
BOULEVARD".
MOTION: to adopt 2nd reading of the aforementioned ordinance (No.
270 N.S.)
Moved: Rockey, Seconded by Spratling
Vote: AYES: Edelstein, Smith, Rockey, Spratling
ABSENT: Bergmann
MOTION: adopt the resolution approving the precise Plan
amendment for 1704 Tiburon Boulevard (No. 2147)
Moved: smith, Seconded by Edelstein
Vote: AYES: Unanimous
ABSENT: Bergmann
4. MASTER & PRECISE PLAN AMENDMENT (1610 Tiburon Blvd., Thrift &
Loan, Ord1nance 2nd Reading, Resolution)
Council waived the oral Staff Report.
Mayor Spratling opened the public hearing and being no comments
Mayor Spratling declared the public hearing closed.
Mo'rION:
Moved:
Vote:
read by title only
Rockey, Seconded by Edelstein
AYES: Unanimous
ABSENT: Bergmann
Mayor Spratling read "AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING THE MASTER PLAN FOR 1610 TIBURON
BOULEVARD" .
MOTION: adopt second reading of the aforementioned ordinance
No. 271 N.S.
Moved: Smith, Seconded by Rockey
Vote: AYES: Edelstein, Smith, Rockey, Spratling
ABSENT: Bergmann
MOTION: adopt the resolution approving the Precise plan
amendment for 1610 Tiburon Blvd., No. 2148
Moved: Edelstein, Seconded by Smith
Vote: AYES: Unanimous
ABSENT: Bergmann
5. SABELLA'S PRECISE PLAN AMENDMENT (Gift Shop, ReSOlution)
Director of Community Development Hanna noted this is a request
TOWN COUNCIL MINUTES #627
JULY 20, 1983
PAGE 2
for a precise plan amendment to allow the sale of gift items in a
portion of Sabella's restaurant. The Planning Commission
reviewed this matter and found there would be no problems
associated with this use. Director Hanna noted adoption of the
exhibit resolution would amend Sabella's precise plan by granting
a Use Permit to allow the sale of gift items in a portion of 9
Main street.
Mayor Spratling opened the public hearing. Being no comments
Mayor Spratling declared the public hearing closed.
Motion: adopt the resolution amending the precise plan for
Sabella's restaurant at 9 Main Street No. 2149, subject
to the issuance of a Use Permit satisfactory to the
Town Attorney
Moved: Smith, Seconded by Edelstein
Vote: AYES: Unanimous
ABSENT: Bergmann
6. ZELINSKY - TEMPORARY USE PERMIT (Bank of America parking Lot)
Director of Community Development Hanna noted the Council has
discussed this item previously. Staff has prepared a resolution
based on the Town Council's stated intent that this use will be
temporary. The applicant acknowledged that the use would have to
be changed when the Southern Pacific project proceeds. Director
Hanna noted the applicant has also discussed lighting the parking
area with seven (7) 16' light standards.
Mr. Keith Morrison, applicant, stated the lighting will be
shielded and remain on until approximately 3:00 AM.
Supt. of Public Works Brunini recommended the driveway to the
parking lot be paved so loose gravel does not get onto the Town
Street.
Councilman Edelstein questioned the propsed landscaping of the
area. Mr. Morrison stated the perimiter of the parking area will
be landscaped and irrigated.
Mayor Spratling opened the public hearing.
Mr. Morrison stated he feels this lot will create a tremendous
improvement on the downtown parking lot, noting approximately 50
tenants will be moved to the new lot immediately.
Council questioned the applicant how he proposes to direct users
of the Angel Island Ferry to the new parking lot. Mr. Morrison
stated the downtown lot will have a sign directing users to the
parking lot behind the Bank of America. Mr. Morrison also stated
he would like to see Main Street turned into a one-way street.
Councilman Edelstein stated the previous reaction of the downtown
merchants was that they are opposed to making Main Street one-
way. He stated the Chamber of Commerce as a group should come to
the Town with the recommendation of making Main Street one-way.
Being no further comments Mayor Spratling closed the public
hearing.
Council amended Condition 4 of the resolution to read "The
parking lot shall not be paved".
Council added a new condition 5 stating "Lighting of the parking
lot shall be subject to the approval of the Director of Community
Development". Old Condition 5 will become Condition 6.
MOTION: adopt the resolution as amended granting a temporary use
permit to Main Street properties to operate a parking
lot in downtown Tiburon subject to certain conditions,
No. 2150
Moved: Spratling, Seconded by Edelstein
Vote: AYES: Unanimous
ABSENT: Bergmann
TOWN COUNCIL MINUTES #627
JULY 20, 1983
PAGE 3
7. MASTER & PRECISE PLAN AMENDMENT (Agins Development)
Director of Community Development Hanna noted this is a request
for a Master and Precise plan amendment to secure access to the
Agins' property via an extension of Roundhill Road. The original
Master Plan approval provides for access to the property through
Gilmartin Drive. The Planning Commission has reviewed this
request and recommends approval to the Council subject to
numerous conditions as outlined in the exhibit Ordinance.
Mayor Spratling recommended two conditions be added to the
ordinance which state ~The Town Council finds that approval of
this proposed amendment has no effect whatsoever on the
conditions in the Del Madera Master Plan that all units receive
access via Gilmartin Drive" and "The Town Council further finds
that it approved the access and circulation in the Del Madera
Master plan in the contemplation that AP # would gain access
via Gilmartin Drive. The Town Council restates its position
that, notwithstanding approval of this proposed amendment, the
appropriate access to said properties is via Gilmartin Drive".
Mayor Spratling recommended these two conditions become
conditions G. and H. respectively.
Mayor Spratling opened the public hearing.
Martha McCart, applicant's representative, stated she has no
objection to the Mayor's recommended conditions. She stated she
has a problem with Condition No. 2 as it recommends that all
improvements made shall be removed and restored to their natural
condition after the Gilmartin Drive extension is constructed.
She noted that certain portions of the Roundhill Road extension
lie within the approved alignment of the Gilmartin Drive
extension and those portions should not have to be removed and
then rebuilt. She stated the applicants would like to complete
construction of the access to their property this year.
Ms. Thelma McCune expressed her concern with the safety on
Roundhill Road. She also requested that the applicant be
required to post a bond to insure that the Roundhill Road
extension will be brought back to its natural condition after
Gilmartin Drive is completed.
Mr. Howard Hetzner questioned how binding the proposed conditions
are on a future Council. Town Attorney Ragghianti responded that
the Town is not a party to the easement agreement between the Del
Madera lien holders and the Agins. The easement is described as
a non-exclusive easement. Mayor Spratling stated that if someone
else wanted to use the easement they would have to get permission
from the Del Madera lien holders, sign the same extensive
agreement as the Agins have and also receive approval from the
Town of Tiburon.
Ms. McCart stated in response to Mrs. McCune's request, the
applicant would be willing to post a standard improvement bond to
guarantee that those portions of the Roundhill Road extension not
lying within the approved Gilmartin Drive extension will be
brought back to their natural conditions after Gilmartin Drive is
constructed.
Being no further comments Mayor Spratling closed the public
hearing.
Council amended condition 1 of the ordinance to read "Access to
the property may be via a driveway at the terminus of Roundhill
Road provided that the driveway shall be graded and improved only
to the extent absolutely necessary in the judgement of the Town
Engineer to provide reasonable roadway access..."
Council amended condition 2 to read "At such time as the
Gilmartin Drive extension is constructed or other access as
ap~roved by the Town to the Agins' parcel becomes available, the
Ag1ns or successor shall remove such improvements as may have
TOWN COUNCIL MINUTES #627
JULY 20, 1983
PAGE 4
read by title only
Edelstein, Seconded by Rockey
AYES: Unanimous
ABSENT: Bergmann
Mayor Spratling read "AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING THE AGINS APPLICATION FOR AN AMENDMENT
TO THE MASTER PLAN"
MOTION:
Moved:
Vote:
MOTION: to adopt first reading of the aforementioned Ordinance
as amended
Moved: Edelstein, Seconded by Rockey
Vote: AYES: Edelstein, Smith, Rockey, Spratling
ABSENT: Bergmann
8. MARSELLA TENTATIVE MAP (Resolution)
Director of Community Development reported that on June 8 the
Planning Commission granted a Condominium Use Permit to allow
construction of seven units at 120 Red Hill Circle. On July 13
the Planning Commission reviewed the tentative map and
recommended removing the pool due to the noise factor, and
recommended reducing the heights of Units "A" and "B" by two
feet. Director Hanna noted that development that occurs on the
higher sections of the property may cause view obstructions ~o
existing residences. Director Hanna then reviewed the slide
problems on the property.
The applicant's representative Ms. Barbara Lundberg stated the
pool is a very important amenity to the project. She noted the
pool is to be tucked down the hill and an arbor can be
constructed to reflect noise. She stated the units have been
sited so they will not block any views.
Mr. Keith Hastings, applicant's engineer, stated he is in the
process of trying to obtain an easement from the Tiburon
Peninsula Club and Mr. Schonfeld for drainage purposes. He
stated he is proposing to take water down the hill in a closed
conduit and hook into the storm drain which runs under the TPC.
Town Engineer Bala noted it would be beneficial to Schonfeld and
the TPC to have the drainage constructed as proposed. Bala
stated the only other alternative would be condemnation if the
TPC does not grant the easement.
Mayor Spratling opened the public hearing.
Mr. Bill Barmier, 80 Lyford Drive 12, stated the proposed
development has a significant impact on the units at 80 Lyford
Drive as it will impact views, noise, etc. He stated this is not
a low density prqject as 40% of the property will be covered with
buildings, asphalt, pool, etc. He also noted the proposed units
are substantially larger than those at 80 lyford.
Mr. Chuck Strotz, 80 Lyford #3, stated 4 units at 80 Lyford will
have their views substantially affected by the proposed
development. He recommended that any fencing and landscaping be
carefully reviewed by the Town as it will effect views. He also
expressed his concern with the fast pace in which this
development is being processed.
Ms. Jean Ellingsen spoke in opposition of the project.
Ms. Carol Pearson expressed her concern over noise that will be
generated if the pool is approved in this project.
TOWN COUNCIL MINUTES #627
JULY 20, 1983
PAGE 5
Mrs. Barimer expressed her concern with the project being rushed
through the planning process. She also expressd her concern that
the development may further reduce the stability of this
property. Town Engineer Bala stated that this project will
greatly stabilize the portion of the hill in which construction
will occur.
Mr. William Newman recommended the Council expand on condition 8
of the resolution and read a proposed amendment to the condition.
Council discussed the slide repairs that must be done on the
property and what should happen if they are not done. Engineer
Bala noted the applicant cannot obtain financing for the project
with just a tentative map approval. He stated the applicant must
come to the Town with a final map and if the repairs are not done
prior to that the Town can deny the project. Attorney Ragghianti
recommended attaching a condition to the map so any potential
purchaser will know the Town's position regarding the slide
repair.
Mr. Jack Schwartz, applicant's counsel, stated it is Mr. Najafi's
intention to complete all the foundation work for the project by
the end of this season.
Councilman Edelstein recommended an accustical engineer look at
the effectiveness of the arbor proposed in the pool area.
Being no further comments, Mayor Spratling closed the public
hearing.
Mayor Spratling recommended the tentative map impose a condition
that the Homeowners Association keep the vegetation at a certain
height so it will not block existing views.
Council amended Condition 6 to read "Applicant shall submit all
proposed deed and title restrictions and proposed CC&Rs to the
Department of Community Development...".
Council amended Condition 8 to read "Applicant shall comply with
all requirements of the Town Engineer regarding roads, utilities,
soils drainage and slide repairs.
Council amended Condition 9 to read "In keeping with the Town
Council's abatement order, the applicant shall immedately, and no
later than September 1, 1983, commence repairs of the slide which
is undermining Red Hill Circle. Failure to proceed
immediately...".
Council deleted Condition 13 and added a new condition 13 stating
"The final map shall include height limits on all fence and
vegetation that impact all contiguous properties to the
satisfaction of the Director of Community Development".
Engineer Bala questioned the applicant if the revised conditions
8 and 9 are acceptable. Mr. Najafi responsed "yes".
MOTION: to adop~ the resolution approving the Marbella tentative
map as amended
Moved: Rockey, Seconded by smith
Vote: AYES: Unanimous
ABSENT: Bergmann
9. MASTER PLAN (Schonfeld Red Hill property, Ordinance 2nd
Read1ng)
Director of Community Development Hanna presented a review of
this item and noted the changes in the ordinance from first
reading.
Councilman Edelstein requested the Maintenance Manual be approved
by the Town Engineer.
TOWN COUNCIL MINUTES #627
JULY 20, 1983
PAGE 6
Mayor Spratling opened the public hearing. Being no comments
Mayor Spratling closed the public hearing.
Council amended Conditions Q and K of the ordinance. Council
deleted condition aa.
Mayor Spratling inquired if granting or recommending a 36' height
for the Type "A" units would cause a view obstruction to other
neighboring properties. Director Hanna responded it would not.
MOTION: to read by title only
Moved: Smith, Seconded by Rockey
Vote: AYES: Unanimous
ABSENT: Bergmann
Mayor Spratling read "AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING THE SCHONFELD CONDOMINIUM PROJECT AND
MASTER PLAN II .
MOTION: to adopt 2nd reading of the aforementioned Ordinance as
amended, No. 272 N.S.
Moved: Edelstein, Seconded by Rockey
Vote: AYES: Edelstein, Smith, Rockey, Spratling
ABSENT: Bergmann
I. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS
There were none.
J . ADJOURNMENT
Being no further of the Town of
AM,
ATTEST:
TOWN COUNCIL MINUTES 1627
JULY 20, 1983
PAGE 7
ADJOURNED MEETING
MINUTES
TOWN COUNCIL
CALL TO ORDER
Mayor Spratling called the adjourned meeting of the Town Council
of the Town of Tiburon_ to order at 7:30 PM, Monday, July 18,
1983, in the Hilarita Comm~nity Room, Tiburon, California.
A. ROLL CALL
PRESENT: COUNCILMEMBERS: Bergmann, Edelstein, Smith, Rockey,
Sparating
EX-OFFICIO:
Town Manager Kleinert, Director of
Community Development Hanna, Finance
Director Nadritch
B. INTERVIEW OF COMMISSION & BOARD APPLICANTS
The Town Council held an informal interview session of those
persons interested in serving on the various Town Commissions and
Board.
C. PUBLIC BEARINGS
1 . FINANCIAL ADVISORY COMMITTEE RECOMMENDATIONS
a. Business License Tax Adjustments
Finance Director Nadritch reviewed the current Business License
Program and proposed fee schedule, noting the Town is on sound
legal footing in contemplating an increase in the Business
License Tax.
Councilman Edelstein inquired if Nadritch had given thought to
using square footage as a basis for charging Business License
fees. Nadritch replied that no he had not and thought that
charging Business License fees on a square footage basis would
not be equitable for the Town or for the business community in
general.
Councilman Rockey inquired if impacts on Town Services by
businesses could be a standard of measure for Business License
fees. Nadritch replied that traditionally the Business License
Tax is a revenue raising tool for municipalities and that
introducing the concept of impacts on public services (such as
traffic and parking considerations) would not be a realistic
standard of measure for charging Business License fees.
Dicussion then took place concerning the proposed annual Business
License Tax schedule. Councilman Edelstein suggested that rather
than having three (3) classifications of businesses only one (1)
classification be adopted. He further suggested that a gross
receipts ranch from $0 to $1,000 be established so that "cottage
industry" could be recognized and the Business License fee for
this range would be $0.00. Councilman Edelstein suggested that
contractors pay a percentage of the value of the job they perform
in Tiburon in addition to a flat rate. Nadritch replied that the
City and County of San Francisco charges its contractors based on
such a schedule and that San Francisco's fees are $3 per $1,000
of the value of a job.
MOTION:
Moved:
Vote:
that the Town Council supports modification of the
Business License Ordinance based on the above changes
Edelstein, Seconded by Smith
AYES: Edelstein, Bergmann, Smith, Spratling
NOES: Rockey
TOWN COUNCIL MINUTES #626
JULY 18, 1983
PAGE 1
Council directed Staff to preare an Ordinance mOdifying the
present Business License Ordinance for Council's consideration at
their regular meeting of August 3, 1983. This Ordinance should
allow for modification of the Business License Fee Schedule by
Resolution of the Town Council.
b. Planning Services Fee Schedule
Director of Community Development Hanna reviewed the proposed fee
schedule noting that Tiburon's fees were substantially lower than
neighboring jurisdictions!'
Mayor Spratling addressed the idea of attempting to make the
Planning Department self-sustaining. He noted that this goal has
not yet been achieved.
MOTION:
Moved:
vote:
adopt the Planning Services Fee Schedule as Presented
Spratling, Seconded by Edelstein
AYES: Edelstein, Bergmann, Smith, Spratling
NOES: Rockey
c.
Building Services Fee Schedule
Director of Community Development Hanna reviewed the proposed
Building Fee Schedule and noted that some of the items were
increased as much as 40-50% while several mechanical permit fees
remain the same.
Councilman Edelstein questioned the electrical permit fees where
the proposed fees are less than the current fees. Director Hanna
confirmed that the proposed fees are less than the current fees
in some of the electrical permit categories.
MOTION:
Moved:
Vote:
adopt the Building Services Fee Schedule as presented
Edelstein, Seconded by Smith
AYES: Edelstein, Bergmann, Smith, Spratling
NOES: Rockey
D. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon Mayor Spratling adjourned the meeting at 10:25 PM,
Monday, July 18, 1983, sine die.
TOWN COUNCIL MINUTES #626
JULY 18, 1983
PAGE 2
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, Wendesday, July 6, 1983,
in the Hilarita Community Room, Tiburon, California.
A. ROLL CALL
PRESENT: COUNCILMEMBERS: Edelstein, Bergmann, Smith, Rockey,
Spratling
EX-OFFICIO: Acting Manager Nadritch, Director of
Community Development Hanna, Town
Attorney Ragghianti, Town Engineer
Bala, Supt. of Public Works Brunini,
Chief of Police Bailey, Minute Clerk
Stultz
B. APPROVAL OF MINUTES
#620, June 1, 1983
MOTION:
Moved:
Vote:
to adopt Minutes #620 as submitted
Rockey, Seconded by Bergmann
Ayes: Unanimous
#621, June 13, 1983
Page 2, first sentence, change to read "Councilman Smith reviewed
in detail, using transparencies and over-head projection, the
comprehensive FAC Report and Recommendations...."
Page 2, last paragraph, 1st sentence, change to read "Councilman
Rockey requested that the recommendations in Section 1 of the FAC
Report be considered and acted on in conjunction with the Town's
budget hearings."
MOTION:
Moved:
Vote:
to adopt Minutes #621 as amended
Bergmann, Seconded by Smith
AYES: Unanimous
ABSTAIN: Edelstein
#622, June 15, 1983
Page 2, Item 5, change MOTION to read lito approve waiver for the
Handicapped Access Requirement in the St. Hilary'S Classroom
Conversion subject to Staff reviewing the Uniform Building Code
to see that the Town's action is in order
Page 3, second to last paragraph, 1st sentence delete "eight
properties on".
MOTION:
Moved:
Vote:
to adopt Minutes #622 as amended
Bergmann, Seconded by Rockey
AYES: Unanimous
#623, June 27, 1983
Page 2, 3rd paragraph, add "but it or any of the members could
sue to invalidate the Redevelopment Program if a mutually
satisfying agreement regarding incremental tax revenues is not
achieved"
Page 3, 4th paragraph, 2nd sentence, change to read "Councilman
Smith inquired if the required low/moderate income housing must
be located within the survey area."
TOWN COUNCIL MINUTES #625
JULY 6, 1983
PAGE 1
MOTION:
Moved:
Vote:
to adopt Minutes #623 as amended
Rockey, Seconded by Smith
AYES: Unanimous
C.
APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES
There were none at this time, but Mayor Sprating reminded the
Council that this meeting will be adjourned to Monday, July 18,
7:30 PM at which time the Council will interview applicants for
Planning Commission and BAR vacancies.
D. COMMISSION AND COMMITTEE ORAL REPORTS
Acting Town Manager Nadritch presented Council with a resolution
in recognition of Buck O'Hare of the Public Works Department who
is leaving employment with the Town.
MOTION:
Moved:
Vote:
to adopt the aforementioned resolution
Rockey, Seconded by Bergmann
AYES: Unanimous
Acting Manager Nadritch announced that Item 10 (Police Employee
Compensation Program) should be continued to the next regular
meeting as no agreement has been reached between the Town and the
Tiburon Police Association.
E. PUBLIC QUESTIONS AND COMMENTS
There were none.
F. CONSENT CALENDAR
Council removed Item 3 from the consent calendar for
discussion. Council moved Item 11 to the consent calendar.
MOTION: to adopt the Consent Calendar consisting of:
1. TRAFFIC SAFETY COMMITTEE REPORT (June 1983)
2. FINANCE REPORT (May 1983)
11. CLAIM FOR DAMAGES (Tiburon Vista Townhomes,
Recommend Denial)
Moved: Rockey, Seconded by Smith
Vote: AYES: Unanimous
G. PUBLIC BEARINGS
4. REZONING FROM A2 TO RO-l (Neill Smith property, Ordinance 2nd
Read1ng)
This matter was continued to the next regular meeting of the Town
Council.
5. MASTER & PRECISE PLAN AMENDMENT (9 Main Street, Sabella's,
Ordinance 1st Reading)
Director of Community Development Hanna reported this is a
request to establish an ice cream restaurant in front of
Sabella's. Sabella's existing master plan allows for this type
of business. He noted the original proposal before the Council
was an ordinance to modify Sabella's master plan, but further
review revealed that the master plan ordinance contains no
particular conditions on the uses of the premises, but the
precise plan does. Hanna stated the use as an ice cream store
can be granted by approval of a resolution amending the precise
plan and the issuance of a use permit. The use permit will not
be transferrable if the business is sold and can be reviewed by
Council from time to time as needed. Hanna then presented a
resolution to the Town Council amending the precise plan for 9
Main Street.
Council requested the resolution be amended to include the
TOWN COUNCIL MINUTES #625
JULY 6, 1983
PAGE 2
condition regarding the applicant providing two (2) trash cans.
Town Attorney Ragghianti noted that if the use becomes burdensom
on the Town the law provides that the Town can issue an order to
show cause. He recommended Council adopt the resolution and have
Staff prepare a Use permit to be review by his office.
Mayor Spratling opened the public hearing.
Mr. Gene Hildreth questioned how the owner of the business will
know if the Town is receiving complaints about the use.
Councilman Rockey explained that iE there is a problem developing
from the use, Staff will contact the owner in an attempt to
resolve the problem before bringing the matter back to the
Council.
Mrs. Anna Stock, Mood and Main Things, commented on the litter
problem in the downtown area.
Mr. Mike Hopton, Hot Fudge Factory, and Robert Trieber spoke on
the application and litter problem.
Councilman Rockey noted there is a Chamber of Commerce Liasion
subcommittee of the Council, and he recommended this Committee
work with the Chamber of Commerce to solve the downtown litter
problem. Council concurred.
Being no further comments, Mayor Spratling closed the public
hearing.
MOTION: adopt the resolution amending the Precise Plan for 9
Main Street as modified this evening, subject to the
execution of an appropriate Use Permit as reviewed by
the Town Attorney
Moved: Rockey, Seconded by Smith
Vote: AYES: Unanimous
6. MASTER & PRECISE PLAN AMENDMENT (1704 Tiburon Boulevard,
Cloth1ng Store, Ord1nance 1st Reading)
Director of Community Development Hanna reported this is a
request for a Master and Precise plan amendment to open a retail
clothing store. If approved, the applicant will have to secure
four (4) parking spaces prior to occupancy.
Mayor Spratling opened the public hearing. Being no comments,
Mayor Spratling closed the public hearing.
MOTION:
Moved:
Vote:
to read by title only
Rockey, Seconded by Smith
AYES: Unanimous
Mayor Spratling read "AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING THE MASTER PLAN FOR 1704 TIBURON
BOULEVARD"
MOTION:
Moved:
Vote:
to adopt first reading of the aforementioned ordinance
Rockey, Seconded by Smith
AYES: Edlestein, Bergmann, Smith, Rockey, Spratling
7. MASTER & PRECISE PLAN AMENDMENT (1610 Tiburon Boulevard,
Thr1ft and Loan, Ord1nance 1st Reading)
Director of Community Development Hanna noted this is an
application for a master and precise plan amendment to establish
a Thrift and Loan institution at 1610 Tiburon Boulevard.
Mayor Spratling opened the Public Hearing. Being no comments,
Mayor Spratling closed the public hearing.
MOTION:
Moved:
read by title only
Rockey, Seconded by Spratling
TOWN COUNCIL MINUTES #625
JULY 6, 1983
PAGE 3
Vote: AYES: Unanimous
Mayor Spratling read "AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING THE MASTER & PRECISE PLAN FOR 1610
TIBURON BOULEVARD"
MOTION:
Moved:
Vote:
to adopt first reading of the aforementioned Ordinance
Rockey, Seconded by Bergmann
AYES: Edelstein, Bergmann, Smith, Rockey, Spratling
8. MASTER PLAN (Schonfeld Red Hill Property, Ordinance 1st
Reading)
Director of Community Development Hanna reported the original
application called for 38 condominium units off Red Hill Circle
and Lyford Drive. The subject property is zoned RMP and allows a
maximum denity of 3 units per acre. The property is 12.8 acres
and would allow a maximum of 38 units to be constructed.
Staff had originally recommended that a maximum of 24 dwelling
units be approved to ensure the least amount of disruption to the
sensitive geology of the site. The Planning Commission has
recommended approval of 27 units with the possibility of 29 units
at the precise plan stage if the applicant can demonstrate the
additional units will not create geologic concerns or have an
unacceptable impact on existing dwellings. Director Hanna noted
that the applicant had offered the Red Hill slide portion of the
property to the Town as Open Space, but the Planning Commission
did not accept the offer. The Planning Commission also
considered making Redhill Circle a two way street rather than the
present one way loop. Residents expressed concern about the loss
of parking if Redhill Circle were open to two way traffic.
Director Hanna then reviewed the master plan map. The "A" units
have an elevation of 14' above the height of the road, but no
units exceed 36' as defined by the zoning ordinace.
Council questioned what work would be done on the Lyford Drive
slide. Director Hanna responded the slide will be completely
rebuilt. Mr. Bob Broadhurst, Don Herzog & Associates, reviewed
what will be done to rebuild the Lyford Drive slide. Councilman
Edelstein questioned what will be done with the exposed slope
from the slide repair. Mr. Broadhurst stated he would have no
problem with placing a maximum of 6" of top soil over the
exposed areas. Engineer Bala noted the CC&Rs must provide for
the Homeowners Association to maintain and clean out the drains
that will be installed on the property. Bala also noted the
applicant has offered for dedication, and the Town should not
accept, the Red Hill slide for open space.
Council then discussed the repairs that are to be made to the Red
Hill slide. Engineer Bala stated the slide should b repaired to
an acceptable condition and that proper drainage and erosion
control should be installed. Mr. Broadhurst stated the applicant
intends to place drainage around and flatten the head scar.
Mayor Spratling opened the public hearing.
Mr. Paul Haerle expressed his concern that the Planning
Commission approved a greater number of units than Staff had
recommended. He also stated that Red Hill Circle should remain
one-way to traffic as off street parking would be eliminated if
the road was made two-way. He also noted that staff recommended
only placing units on soils stability areas designated 1 and 2.
Mr. Broadhurst stated areas where buildings are proposed on soils
designated 3 or greater would be repaired and become 2 and 3 in
stability. Engineer Bala stated that areas to be built on
designated 3 ought to be brought up to a stability greater than
3. He feels the Town should be reasonably assured that there
will not be a slide that will cause a disaster. He noted there
will have to be extensive landslide repairs on the property.
TOWN COUNCIL MINUTES #625
JULY 6, 1983
PAGE 4
Councilman Rockey questioned why there is no prOV1S1on in the
ordinance for low/moderate income housing. Director Hanna stated
because there is no ordinance requiring low/moderate income
housing.
Councilman Rockey expressed his concern that the developer will
transfer ownership of the Red Hill slide to the homeowners
association. Engineer Bala stated the Town should authorize him
to retain a consultant, at the expense of the applicant, and at
the Precise plan/Tentative Map stage establish the feasibility of
placing homes on the property and to what extent the soils
conditions should be repaired. If..the applicant does not wish to
pay for such consultant work then the Town should deny the
project. Councilman Rockey questioned the cost of retaining such
a consultant. Engineer Bala stated approximately $3,000.
Council recommended that the conditions for the CC&Rs be provided
at the Tentative Map stage.
Council recommended a condition be placed in the Ordinance
requiring that the applicant make arrangements to the
satisfaction of the Town Engineer for the cleaning of the box
culverts under Tiburon Boulevard to insure that the capacity of
the existing drainage facilities leading to the Belvedere Lagoon
are not reduced by silt and grit during construction. Also, the
applicant shall fund the retention of a qualified soils mechanic
engineer to review the material submitted by the applicant on
geology and soils to assist the Town Engineer in evaluation of
proposed work in connection with geology and soils.
MOTION:
Moved:
Vote:
read by title only
Rockey, Seconded by Smith
AYES: Unanimous
Mayor Spratling read IIAN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING THE SCHONFELD CONDOMINIUM PROJECT AND
MASTER PLAN"
MOTION:
Moved:
Vote:
to approve first reading as amended
Smith, Seconded by Bergmann
AYES: Edelstein, Bergmann, Smith, Rockey, Spratling
H. BUSINESS
9. MUNICIPAL PARKING LOT NEAR HOME SAVINGS (Consider Planning
Commiss10n Recommendations)
Council waived the oral staff report.
Councilman Smith stated that Council should support the Planning
Commission's recommendation that the Town move ahead with some
sort of conceptual design for the parking lot.
MOTION: that Town Staff contact landscape architects to
negotiate a fee and bring the bids back to the
Council. The bids are to be phased to completion of the
project:
Moved: Edelstein, Seconded by Rockey
Vote: AYES: Unanimous
I. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS
12. BELVEDERE/TIBURON JOINT RECREATION COMMITTEE (Ayala Day)
Council considered the BTJRC recommendation that they no longer
participate in the organizing of Ayala Day. After discussion
Council appointed Councilman Smith to work with Belvedere
Councilmember Gnoss on organizing Ayala Day 1983.
13. LETTER FROM SAUSALlTO TO TOWN DATED 6/6/83) (Hwy. 101
Corr1dor Traffic Study)
TOWN COUNCIL MINUTES #625
JULY 6, 1983
PAGE 5
Council indicated its support of the Highway 101 Corridor Traffic
Study.
3. ENCROACHMENT PERMIT (MMWD, Greenwood Beach Road Water Line
Relocation)
Council discussed the subject encroachment permit. Supt. of
Public Works Brunini indicated that MMWD has agreed to lower the
line where it crosses the channel in Blackie's Pasture.
MOTION:
Moved:
Vote:
to approve the subject encroachment permit
Rockey, Seconded by Bergmann
AYES: Unanimous
J . ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon Mayor Spratling adjourned the meeting at 11:35 PM,
Wednesday, July 6, 1983, to Monday, July 18, 1983.
TOWN COUNCIL MINUTES #625
JULY 6, 1983
PAGE 6
MINUTES
TOWN COUNCIL
CALL TO ORDER
"
Mayor Spratling called the adjourned meeting of the Town Council
of the Town of Tiburon to order at 7:45 PM, Wendesday, June 29,
1983, in the Hilarita Community Room, Tiburon, California.
A. ROLL CALL
PRESENT: COUNCILMEMBERS: Bergmann, Edelstein, Rockey, Smith,
Spratling
EX-OFFICIO: Town Manager Kleinert, Town Engineer
Bala, Supt. of Public Works Brunini,
Director of Finance Nadritch
B. PUBLIC HEARINGS
1. Review of Capital Improvement Program
Town Manager Kleinert reviewed the Capital Improvement
Program as proposed in the preliminary Town Budget. He noted
that the drainage project at 2180 Mar East should be increased
from $3,400 to $4,200, Gas Tax funding.
Peter Mason of the pine Terrace Homeowners Association asked
the Town to provide greater landscaping maintenance on the Town's
property adjacent the pine Terrace Homeowner Association property
near the Multi-use Path. Council directed Staff to pursue this
request as time and equipment permitted.
Town Manager Kleinert asked for Council's guidance on
completing plans for Blackie's pasture. Council directed the
Town Manager and the Director of Community Development to further
spec ify the scope of wo-r k to be per formed to ref ine the Blackie' s
Pasture Precise Plan. The matter should then be agendized at a
date to be determined.
Town Manager reviewed the need for certain Multi-Use Path
sub-drainage and recommended project funding of $5500. General
Revenue Sharing funding. Council agreed.
The Director of Finance then reviewed overpayment the State
made ten years ago on Beach Road signalization project that is
now being sought for recovery ($4,889.20). Council authorized
payment to the State.
2. Poposed Revenue Sharing Program
Councilman Edelstein added inclusion of Master plan preparation
for new Town Hall. The Mayor suggested that Staff compile a list
of experts for implementation of the Town Hall Master Plan.
3. Andersen position Classification & Compensation Program
The report was briefly reviewed by the Director of Finance,
covering objectives of the program, and several analytical
points. Council asked the Town Manager if the program would
impact Town's salary costs. Town Manager responded there would
be some additional costs, but not excessive, and the overall
program concept would be more beneficial to both the Town and
employees.
TOWN COUNCIL MINUTES #624
June 29, 1983
Page 1
4. FINANCE ADVISORY COMMITTEE RECOMMENDATION NO. 5
Consideration was given to the FAC Committee recommendation
to use Open Space Interest proceeds for maintenance of Town Open
Space and recreation areas.
The Mayor opened the public hearing. There being no comments,
the Mayor closed the public hearing.
Council supported the concept, however suggested that specific
accounting of areas to be maintained be incorporated into the
final Town Budget.
MOTION: To authorize use of Open Space Fund interest proceeds
for maintenance of Town open space and recreation areas;
and that these expenditures be specifically itemized
in the annual Town Budget.
Moved: Rockey, Seconded by Edelstein
Vote: AYES: Unanimous
J . ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon Mayor Spratling adjourned the meeting at 9:30 P.M., sine
die.
R. L. KLEINERT, TOWN MANAGER CLERK
TOWN COUNCIL MINUTES #624
June 29, 1983
,Page 2
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 7:35 PM, Monday, June 27,
1983, in the Hilarita Community Room, Tiburon, California.
A. ROLL --CALL
PRESENT: COUNCILMEMBERS: Edelstein, Bergmann, Smith, Rockey,
Spratling
EX-OFFICIO:
Town Manager Kleinert, Director of
Community Development Hanna, Finance
Director NadritCh
B. BUSINESS
1. ".rIBURON REDEVELOPMENT PROGRAM
Town Manager Kleinert gave a brief overview of Tiburon's proposed
Revelopment project, noting specific actions that must be taken
this evening to re-establish the Tiburon Redevelopment Agency.
Manager Kleinert reported that in 1972 the Town Council adopted
the appropriate Ordinances and Resolutions declaring itself as a
Redevelopment Agency. These actions are still valid. A
Redevelopment Survey Area was also adopted at that time, but
should be reviewed and modified at this time.
The June 17, 1983 letter from County Controller, Michael
Mitchell, to the Town Council was reviewed. The letter voiced
concern over the Town's intent to build certain local, optional
public improvements from the proposed Redevelopment Agency funds.
Town Manager Kleinert outlined the various redevelopment
consultants' roles in the establishment and carry through of the
Redevelopment Program. He the introduced Jack Nagle of Goldfarb
and Lipman (Legal Counsel and Project Coordinator) and Tim Kelly
of Keyser-Marston (Economic Consultant).
Mayor Spratling stated that he had reviewed the history and
problems related,to the downtown Southern Pacific development
with Mr. Mitchell at a recent meeting. Spratling stated it is
Mitchell's belief that Tiburon wants to cooperate with the other
affected taxing agencies and the County in regard to the proposed
Redevelopment Plan. Mayor Spratling reviewed today's meeting
with Mike Mitchell and the Fiscal Review Committee
representatives. He then reviewed the definition of "essential"
projects.
Town Manager Kleinert explained how tax increment revenues would
be generated by Tiburon's proposed Redevelopment Program, and the
TOWN COUNCIL MINUTES #623
JUNE 27, 1983
PAGE 1
potential impacts on to the other affected taxing agencies.
Mayor Spratling then explained how he felt the incremental
revenues would be utilized by the Redevelopment Agency.
Mayor Spratling then discussed the formula for School District
Funding based on Average Daily Attendance (ADA) and how the
School Districts receive a combination of funding from property
taxes and ADA. He reporte~ there is a Bill before the
legislature, which reads that, if a redevelopment area falls
within the boundaries of a School District, the State will not
fund the tax monies diverted to redevelopment.
Mayor Spratling reviewed Chief Buscher's remarks regarding
drainage problems at the Firehouse and that redevelopment would
not help the District. The District would only benefit if the
Fire House at 1679 Tiburon Blvd. were raised at least 3 feet.
Councilman Smith questioned legal counsel, Jack Nagle, if the
County's Financial Review Committee could prevent Tiburon from
forming a Redevelopment Agency. Mr. Nagel responded it could not
but it or any of the members could sue to invalidate the
Redevelopment Program if a mutually satisfying agreement
regarding incremental tax revenues is not achieved.
Town Manager Kleinert then reviewed the consultant costs
associated with the proposed Redevelopment Agency, being: Legal
Counsel/project Coordination - $35,000; Economic Consultant _
$10,000 and EIR Consultant - $12,800 for a total of $57,800.
Mr. Tim Kelly, economic consultant with Keyser Marston
Associates, reviewed his firm's expertise and experience in the
Redevelopment process.
Councilman Rockey questioned Mr. Kelly if the value of the SP
land will change when the Tentative Map expires in March, 1984.
Mr. Kelly responded yes.
Councilman Edelstein questioned Mr. Kelly concerning the
appraised value of the Southern Pacific property. Mr. Kelly
responded the appraised value must be realistic. If it wasn't,
the County could challenge the Town's economic analysis.
Mr. Nagel indicated that, if the Council addresses the impact of
tax diversion on the other affected taxing agencies, and if the
Town's objectives are reasonable and narrowly defined, then
Tiburon will have a good chance of success in the implementation
of its Redevelopment program.
TOWN COUNCIL MINUTES #623
JUNE 27, 1983
PAGE 2
Councilman Edelstein questioned whether a developer might stall
until the redevelopment program is in place"? Mr. Kelly
responded yes.
Councilman Rockey inquired about selling bonds. Mr. Nagle
explained the limitations of bonds and the various tax
implications constraining their sale.
Discussion then ensued between Councilmembers concerning Southern
Pacific's role in the redevelopment program.
Council asked Mr. Nagle approximately how much money would be
spent on consultants if the redevelopment program was abandoned
in August 1983. Mr. Nagle responded approximately $30,000.
Town Manager Kleinert reviewed the Resolution redesignating the
Redevelopment Survey Area. Councilman Smith inquired if the
required low/moderate income housing must be located withiin the
Survey Area. Mr. Nagle responded it does not. Mr. Nagle also
noted the redevelopment plan may be revised.
MOTION: adopt the Resolution Redesignating the Redevelopment
Survey Area (No. 2034)
Moved: Smith, Seconded by Edelstein
Vote: AYES: Unanimous
Council then discussed the draft resolution approving the
repayment agreement for funds to be advanced to the Agency by the
Town. Council directed that the loan interest rate be set at 1%
over the prime rate, up to the maximum allowed by law. Council
set the loan amount at $80,000.
MOTION: to adopt the resolution approving the repayment
agreement dated June 27, 1983, and authorizing the
execution of the Agreement by the Mayor
Moved: Rockey, Seconded by Bergmann
Vote: AYES: Unanimous
J. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon Mayor Spratling adjourned the Council meeting at 10:10
PM, Monday, June 27, 1983 to a meeting of the Redevelopment
Agency.
TOWN COUNCIL MINUTES #623
JUNE 27, 1983
PAGE 3
ATTEST:
R. L. KLEINERT, TOWN MANAGER/CLERK
TOWN COUNCIL MINUTES #623
JUNE 27, 1983
PAGE 4
MINUTES
TOWN COUNCIL
CALL TO ORDER
Mayor Spratling called the regular meeting of the Town Council of
the Town of Tiburon to order at 7:40 PM, Wendesday, June 15,
1983, in the Hilarita Community Room, Tiburon, California.
A. ROLL -.cALL
PRESENT: COUNCILMEMBERS: Edelstein, Bergmann, Smith, Rockey,
Mayor Spratling
EX-OFFICIO: Town Manager Kleinert, Director of
Community Development Hanna, Town
Attorney Conn, Town Engineer Bala,
Supt. of Public Works Brunini, Chief
of Police Bailey, Acting Minute Clerk
Gill, Finance Director Nadritch
B. APPROVAL OF MINUTES
#620, June 1, 1983
These minutes were continued to the next regular meeting as they
had not been submitted.
C. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES
Mayor Spratling said the Town had received a request from
Planning Commissioner Tomsick to be replaced as soon as possible
on the Commission. A meeting would be scheduled to interview
those persons who had expressed interest in serving on the
Commission.
D. COMMISSION AND COMMITTEE ORAL REPORTS
There were none.
E. PUBLIC QUESTIONS AND COMMENTS
There were none.
F. CONSENT CALENDAR
Item 5 was removed from the Consent Calendar.
MOTION: to adopt the following items on the Consent Calendar:
1. Police Report (May 1983);
2. Resolution abandoning easement at 141 Sugarloaf
Drive
3. Authorization to submit letter to CAL/TRANS
regarding signalization at Tiburon Blvd. and San
Rafael Avenue Intersection:
4. Acceptance of Roundhill Road Slide Repair project
and adopt Resolution of Acceptance;
6. Denial of Claim for Damages at Tiburon vista
Townhouses and referral of matter to Town Attorney
Conn for handling.
Moved: Smith, Seconded by Rockey
Vote: AYES: Unanimous
5. ST. HILARY'S CLASSROOM CONVERSION (Request to Waive
Hand1capped Access Requ1rement)
st. Hilary's School at 761 Hilary Drive is proposing to convert
their Chapel area to a Kindergarten classroom. State law
requires that access for the handicapped be provided. However
TOWN COUNCIL MINUTES #622
JUNE 15, 1983
PAGE 1
this provision can apparently be waived by the enforcing agency
when proof of an unreasonable hardship exists. st. Hilary's
Board of Directors has requested relief from this costly
requirement for handicapped access because they do not have
staffing to provide the special care and attention to handicapped
children.
Applicants from st. Hilary's met with the Building Inspector, who
has indicated that the Town's existing codes would allow for a
variance and a waiver could be provided. Rockey asked that staff
prepare a more complete summary of the code requirements and to
also obtain the opinon of the Town~s legal counsel on this item.
MOTION:
Moved:
vote:
to approve waiver for the Handicapped Access Requirement
in the st. Hilary'S Classroom Conversion subject to
Staff reviewing the Uniform Building Code to see that
the Town's action is in order.
Edelstein, Seconded by Smith
AYES: Unanimous
G. PUBLIC BEARINGS
7. CIBRIAN DRIVE ASSESSMENT DISTRICT & FINAL MAP (Consideration
of protests & Resolution of Intention, Resolutions)
The Cibrian Drive Assessment District was initiated on April 20,
1983 and subsequent jurisdiction was granted from the County of
Marin and on May 4, 1983 the Council passed the Resolution of
Intention, adopted the Engineer's Report, called for construction
bids and set the hearing for this date.
Bids have been received and analyzed by the Engineer of Work and
Certificates of filing boundary map with the County Recorder,
mailing Notice of Improvement; posting Notice of Improvement,
Proof of Publication of Notice of Improvement and publication of
Notice Inviting bids have all been satisfactorily performed.
Council expressed concern as to whether the water tank issue had
been resolved and Rockey asked Mr. Ed Ness if there was anything
in the proposed package that was unique in this assessment
district. Mr. Ness said there was nothing unusual with the
assessment district itself. He said the only ususual feature was
the handling of the water tank which will not be constructed for
some time in the future. He said he has consulted with Town
Attorney Conn in this regard and he believes the subdivision
improvement as well as the provision for the water tank is
satiSfactory.
Mayor Spratling opened the Public Hearing, there being no
comments from the public he closed the public hearing.
MOTION:
Moved:
Vote:
to approve Resolution amending Resolution of Intention;
Resolution approving agreement with Marin Municipal
Water District, Resolution approving Amended Report and
Assessment and ordering improvements; Resolution
establishing bond reserve fund; Resolution concerning
foreclosure of delinquent assessment liens; Resolution
authorizing change orders; Resolution ordering sale of
bonds to Wulff, Hansen & Co.; Resolution awarding
contract; Resolution determining assessments remaining
unpaid; and Resolution appointing Bank of America as
paying and fiscal agent.
Rockey, Seconded by Smith
AYES: Unanimous
Town Planner Hanna said the water tank will improve the water
pressure for the whole area. The one tank instead of two will
have a capacity of 120,000 gallons and meets all specifications
required by the MMWD.
MOTION: to approve final subdivision improvement map,
TOWN COUNCIL MINUTES #622
JUNE 15, 1983
PAGE 2
Moved:
Vote:
subdivision agreement and authorize the Mayor to sign
the subdivision agreement.
Rockey, seconded by Edelstein
AYES: Unanimous
MOTION:
Moved:
Vote:
adopt resolution approving final map
Rockey, Seconded by Edelstein
AYES: Unanimous
8. FINAL E.I.R. & REZONING (Neill Smith Property, Ordinance 1st
Reading)
Town planner Hanna said that two actions were necessary this
evening. They are rezoning of 11 acres from A-2 to RO-l and
certification of the Final Environmental Impact Report prepared
by Larry Seeman and Associates.
This property has been the subject of a previous rezoning
request. Originally, a subdivision was created in the County
approving 19 parcels of land. The applicant subsequently
purchased eight of the previously subdivided parcels. The
property was zoned RO-l at the time the Town was incorporated.
In February 1973, the applicant requested a rezone of the 43
acres in his ownership from RO-l to A-2 Zone. The rezone was
approved by the Town Council.
The applicant is now requesting to rezone a portion of the
original A-2 zone back to the RO-l designation. The area of the
rezoning contains eight parcels that have been previously
created.
The Council requested that an EIR be conducted on the project in
1979. Work finally began on the EIR in August, 1982. The
Planning Commission discussed this item at their June 8, 1983
meeting and unanimously recommended approval of the Final EIR and
the rezoning from A-2 to RO-l.
Mayor Spratling opened the public hearing on the Certification of
the Final Environmental Impact Report. There being no public
comments, he closed the public hearing.
MOTION:
Moved:
Vote:
To approve the Final Environmental Impact Report
Smith, Seconded by Bergmann
AYES: Unanimous
Spratling asked for assurance from the Town Attorney that with
the rezoning of the property there could be no more than the
eight parcels previously created. Conn assured the Mayor that
this was indeed the case. He said that the rezoning would not
alter the existing subdivision in any way. The applicant added
that he believed the project complied with City and State
requirements in every respect.
Mayor Spratling opened the public hearing on the Rezoning from A-
2 to RO-l. There being no public comments he closed the public
hearing.
MOTION: to rezone the eleven acres located on Acacia Drive
Tiburon, identified as AP 39-121-05 through 11 and 39-
081-18 from A-2 to RO-l and introduce first reading of
an Ordinance of the Town Council of the Town of Tiburon
adopting RO-l Zoning for Certain Property located on
Acacia Drive, Tiburon, by title only
Moved: Spratling, Seconded by Rockey
Vote: AYES: Unanimous
Mayor Spratling read the Ordinance by title only.
TOWN COUNCIL MINUTES #622
JUNE 15, 1983
PAGE 3
9. NT. VIEW DRIVE UTILITY UNDERGROUNDING ASSESSMENT DISTRICT
(Conslder Protests and Resolut1on of Intent, Resolut1ons)
Finance Director Nadritch presented the background on this
issue. At its meeting of 4 May 1983, Council set 15 June 1983 as
the public hearing date on the Resolution of Intention, the
Engineer's Report, and the considering of any protests brought
against proceeding with the Undergrounding Assessment District.
Mayor Spratling said copies of letters both in support and in
opposition had been received prior to the May 4 meeting and were
listed in the Staff Report~of that_Agenda; those received after
that date were listed in the June 15 staff report.
Mr. Nadritch said that in order to establish an Assessment
District 62% of the property owners in that District were to
favor the formation of such a District. An official Protest was
to contain no less than 50% of the owners in the District. As
well as an official Protest having the capacity to "kill" the
proposal, Council also had this option.
Mayor Spratling opened the public hearing.
Mrs. Hartsough, a downhill owner was not in favor of the
Assessment District and objected to the use of the Hillhaven
Association name in this regard. She said Mountain View Road was
only a part of the Association.
Mr. Eiselin, owner of a downhill lot favored the project inasmuch
as he felt the appearance entering the area would be greatly
improved and felt it was in the interests of the community to
undertake this beautification.
Mr. Millian of 1830 Mt. View Drive opposed formation of the
District. He said when he purchased his property 18 years ago he
paid $36,000 for it. It was his understanding he would be
required to invest 1/3 of this original investment now to pay for
undergrounding. He felt this was a hardship on those people on
fixed incomes.
Mr. David Ring of 1860 Mt. View Drive said he specifically
purchased a downhill property so as to avoid looking through
wires. He did not think it fair that the downhill owners should
subsidize the uphill owners in improving their property values at
this time. He specifically asked:
1. Is there a specific provision as to how the cost would
be apportioned between the uphill and downhill owners.
2. Where will the trench be located; on the uphill side of
the street and on the paved area? If so, he questioned
the right-Of-way.
3. When would construction commence; how long would it
take, and what was the anticipated completion date.
4. Can individual connections be brought in without
disrupting existing service. How much are the
individ~al connections expected to cost.
Spratling responded to item 1 that the proposed ratio of uphill
property owner cost to downhill was 3:1, assuming approval of the
proposed resolution.
Mayor Spratling introduced Mr. Antonio of PG&E who had brought a
set of plans of the proposed development with him. Mayor
Spratling declared a recess at 8:35 PM to allow members of the
audience to review the plans and ask any questions of Mr.
Antonio.
The meeting reconvened at 8:45 PM.
Mr. Antonio addressed Item 2 of Mr. Ring's questions. He said
the trench would be located in the uphill side of the blacktop
area. In response to Item 3, he said the construction could
TOWN COUNCIL MINUTES #622
JUNE 15, 1983
PAGE 4
commence immediately, but in cooperation of one of the property
owners who is planning a wedding party early September, he was
scheduling the work to commence September 11 and it was
anticipated that, weather permitting, the job would take 2-1/2
months. He said work would commence at Ridge Road and at the end
of each day work would either be back-filled or steel plated with
all construction facilities moved off the street area.
Town Manager Kleinert spoke to item 4. He said the costs of
individual connections would not be borne by the District and
will vary from house to house at an estimated cost of $800 to
$1200 per property. He said that it might be possible for
several property owners to hire the same contractor to be cost-
effective.
Mr. Antonio made it clear that the plans before Council this
evening were finished construction specifications, ready for
commencement of work at any time. He said to re-draw the plans
would take seventeen weeks.
Mr. Trezevant was in favor of the District but supported Mrs.
Hartsough's comment that it was not to be assumed that the
District was all of the Hill Haven Association. He clarified
that the District was Mountain View Drive and involved nineteen
property owners and was nothing to do with the Hill Haven
Association. Mr. Trezevant had taken pictures of each of the
nineteen properties in question and presented them to Council for
their review. He believed of the nineteen properties involved
there were fourteen people who signed the petition in favor of
the formation of the District. With a ratio of 14:5 he believed
they complied with California State law for a district.
Mr. Denis Rice, a prospective buyer of Mrs. Hartsough's home,
viewed the formation of the District from both angles. On the
one hand he said there was no need for undergrounding as far as
the Hartsough's property was concerned, but indirectly, he saw
the enhancement of the overall ambience of the area.
Nevertheless, he wondered if it might be more equitible if only
those properties directly benefiting from the improvement should
be involved in the formation of the district.
Mr. Kahn of 1855 Mt. View Drive felt everyone would benefit and
also viewed the improvements as an improvement in the safety
factor.
Town Manager Kleinert said the original cost estimate for the
undergrounding project was $150,000. Based on a 3:1 ratio, the
downhill propety owners would be assessed $4,264 and the uphill
owners $12,793. Translated into monthly payments, this amounted
to approximately $40 - 45 a month for 15 years, based on a 15
year bond at 9.95%. The individual hOOk-ups would be separate
one-time costs.
There being no further public comments, Mayor Spratling closed
the public hearing.
Edelstein asked what basis was used for arrival at the 3:1
ratio. Mr. Michael Friedman said this was a result. of
negotiation between the proponents. If the ratio were increased,
the number of proponents dropped. The concensus of Council was
that the 3:1 ratio was an equitable split.
MOTION: to adopt the necessary resolutions to form the
Assessment District including:
Resolution overruling protests; Resolution approving
report and assessment and ordering improvement;
Resolution concerning foreclosure of delinquent liens;
Resolution establishing bond reserve fund; Resolution
ordering sale of bonds to WUlff, Hansen & Co.;
Resolution approving agreement with Pacific Gas &
Electrict Co.; Resolution approving agreement with
Viacom; Resolution approving agreement with Pacific
TOWN COUNCIL MINUTES #622
JUNE 15, 1983
PAGE 5
Moved:
Vote:
Telephone and Telegraph Co.; and Resolution appointing
Bank of America as paying and fiscal agent
Rockey, Seconded by Smith
AYES: Unanimous
10. TIBURON REDEVELOPMENT PROGRAM (Receive Public Comments and
Cons1der Implementat1on)
Town Manager Kleinert presented the background of this matter.
In May Council received a report from the Town Manager regarding
redevelopment and its potential advantages and disadvantages.
This report had been previously reviewed by the Tiburon Financial
Advisory Committee, and they had requested that it be forwarded
to the Town Council and its feasibility possibly explored. Since
that time members of the Town Council and Staff have met with
certain redevelopment consultants concerning a redevelopment
program for the Town.
This matter is before Council this evening for purposes of
receiving public comment and for the Council to consider the
potential financial impact, benefits and problems associated with
the Town pursuing a redevelopment program.
It was estimated that redevelopment consultant costs would be
approximately $80,000, advanced by the Town in the form of a loan
to the Redevelopment Agency and then repaid with interest.
It is important that a redevelopment plan, should Council wish to
prepare one, be implemented this year to be assured of the
current tax base on the railroad property remaining fixed at its
existing assessment. Such implementation necessitates immediate
Council action and then following a rigid time schedule to meet
the necessary filing deadlines. Kleinert also explained that
major changes in redevelopment law after the end of this year
would possibly prevent Tiburon from achieving their goals.
Some of the possible improvements in the downtown area which
could be considered by the Redevelopment Agency are drainage,
shoreline park, flood plain control, a downtown parking area for
150 spaces, and low or moderate income housing.
Spratling believed the agreements that would be worked out
depended on the respective bargaining power of the various
parties involved. He though it important to determine Tiburon's
assessment in this regard as soon as possible.
Kleinert suggested preparing a definitive plan of Tiburon's
redevelopment goals in an effort to achieve agreement with the
other agencies.
Stewart Hopkins said he had attended a Fiscal Review Committee
Meeting at the County earlier today, representing Sanitary
District is. He said Mr. Mitchell, who chaired the meeting
enferred disapproval of monies being used for a Redevelopment
Agency in Tiburon, claiming Tiburon's interest was a new Town
Hall. Hopkins said many agencies were present including the Fire
Department, School Districts and Sanitary District #5. Mitchell
had indicated the $3,000,000 cost estimate was in excess of what
was needed for this Redevelopment Agency.
Edelstein suggested that Mitchell was handling things rather
aggressively and Spratling said he would formally request that
detrimental statements be eliminated from further discussions and
meetings.
Council considered the increased burden of administrative work
involved in setting up a Redevelopment Agency on both staff and
themselves. Kleinert agreed there would be a large incremental
work increases, but said this could be compensated by the
Redevelopment Agency once formed.
MOTION: to proceed with the Redevelopment Agency and adjourn
TOWN COUNCIL MINUTES #622
JUNE 15, 1983
PAGE 6
this meeting to the 27th to review specific paper-work
on Redevelopment Agency. The Redevelopment Agency
consultants would be in a position to adopt the
necessary agreements, adopt cooperation agreement, and
budget at tha time in order to activate the Agency and
start the redevelopment plan.
MOVED: Rockey, Seconded by Smith
VOTE: AYES: Unanimous
B. BUSINESS
11. MUNICIPAL PARKING LOT (Consideration of Planning Commission's
Recommendat10ns)
This item was continued to the next regular meeting.
12. MARSELLA SLIDE REPAIRS AT 120 RED BILL CIRCLE (Status and
Recommendat1ons by Town Eng1neer)
Kleinert said that at its regular meeting of April 6, 1983,
Council adopted a Resolution abating the slide condition on the
Marbella property. A condition of that Resolution called for the
owner to proceed with the slide repair by May 20, 1983. To date
no work has been started on the slide repair and the owner, Mr.
Najafi, has indicated that he is in the process of trying to
obtain financing. Mr. Najafi was recently granted a Conditional
Use Permit by the Planning Commission for condominium use for the
Marbella site and must now apply for the Tentative Map.
The Town Engineer feels that construction of the slide repair
should begin no later than September 1, 1983.
Town Planner Hanna said that Board of Adjustment and Review
approval had already been received for seven condominium units on
the Marbel1a site and on Wednesday evening, June 8, the Tiburon
Planning Commission adopted a resolution that would allow
construction of a maximum of seven condominium units. He said
the next step was a subdivision map to allow conversion.
Mr. Najafi's position was that in order to obtain financing on
the slide repair, he included it as part of his financing on the
condominium units.
Mr. Najafi's attorney stated that financing would not be a
problem for condominiums but the lender was not in favor of
advancing funds on apartments. He said his client was interested
in expediting this project and asked for some expression from
Council that it sees no impedement of condominiumization.
Council considered the pros and cons of apartments versus
condominiums on the site. Rockey was mainly concerned that there
be some assurances that the slide be fixed.
Najafi's attorney said he has sent a letter to the Town
confirming his client's commitment and willingness to pursue
restoration of the slide providing he could pursue the
condominiums.
Town Attorney Conn suggested that the applicant provide the Town
with a performance bond to complete the required repairs to the
slide.
Rockey proposed that the Mayor direct Staff to expedite
processing of the condominium application with the understanding
that Council would consider on July 20, 1983 the tentative map.
Council also required a performance bond at the Tentative Map
stage and would like to see grade drawings and possibly bids at
that time. He asked that Staff keep the Mayor informed as to the
schedule the owner is to follow and any deadlines that are not
met in order that the July 20th date for the tentative map may be
met.
TOWN COUNCIL MINUTES #622
JUNE 15, 1983
PAGE 7
13. RBLP JOGGING PATH (status of SASM's Repair Program)
Kleinert presented the background on this issue. Since SASM's
completion of the sewer pipeline installation along the multi-use
path, there have been serious problems resulting in regard to the
jogging path replacement. During the rainy season the path does
not drain properly in many locations and when the path does dry
out, deep ruts and footprints remain on the running surface. The
problem is simply too much clay content in the path material.
SASM contends that the Town is partly to blame in that the Town
requested a change in the original specifications from a 50/50
mixture to clay and cinders to a 6D/40 mixture. They also
contend that their laboratory analysis reflects compliance with
the required pathway material specifications. However,
inspection of the path in any of the bad areas inmdicates that
the path is predominantly a clay mixture which becomes very hard
and impervious to water during the rains.
The Town Engineer made field tests and found the ratio of clay to
cinder used by SASM varies from 58:42 to 80:20 whereas the ratio
of cinder to clay originally used by the Town is 41:59. He
recommended that the entire path be replaced.
Mr. Bradford, General Manager of SASM said they are willing to
correct the bad areas and were prepared to remove the clay soil
and replace it by adding cinders. In this manner, they believe
they will have a path satisfactory for jogging purposes. He said
SASM is also willing to reevaluate the path after the rains start
in the fall to see that there is no ponding.
Jesper Strandgaard said the Town Engineer, stan Bala, recommended
replacing the entire path.
Mr. Bradford said that this was not acceptable to SASM, as they
do not accept full responsiblity for the problems. He said many
precautions were taken to meet the Town of Tiburon
specifications. He said as a good faith effort they are now
correcting certain areas that are causing problems and in
addition would monitor the path after the rains and correct any
remaining areas. He said they were not in a position to replace
the entire path at a cost of approximately $100,000.
Mayor Spratling said it was the Town's understanding that the
path would be restored to its original state. He contended there
was no ponding prior to excavation and that the restoration is
inadequate.
Standgaard referred to Mr. Bradford's statement that they worked
to the Town specifications. He said this was stated to be 50:50
material. He said they were never consulted during the
construction phase to verify that the composition was according
to specifications. Kleinert said it was only when it started to
rain that it became evident that the composition was mostly clay.
Council accepted Mr. Bradford's offer to monitor the path
throughout the winter to review drainage and continue to fix the
problem areas. Mr. Bradford said work could commence within two
weeks on the initial problem areas and he thought the repair work
would take one or two days.
Lou Brunini said repairs by roto-tilling the existing material,
adding cinders and recompacting was unacceptable. Such spot
repairs had been undertaken and these repairs still found
inadequate inasmuch as the path still did not drain. He wanted
SASM to be made aware that the recent roto-tilling was not an
acceptable solution. Further, he said without a more effctive
irrigation system on the landscaping SASM installed in the
vicinity of the Richardson Bay Sanitary District, the Town's
Public Works would be unable to maintain it. Mr. Bradford agreed
to work something out to provide the needed irrigation.
TOWN COUNCIL MINUTES #622
JUNE 15, 1983
PAGE 8
14. CHAPTER 8 PROPERTY TAX SALE (NWP Right-of-Way in Reedland
Woods)
Kleinert said the Tiburon Parks and Open Space Commission have
recommended that the Town Council negotiate the purchase of
certain real estate along the Southern pacific Railroad right-of-
way extending from Reed Ranch Road to the Bel Aire School. They
advocate this acquisition for historic preservation and to
provide a trail link in the future.
Bergmann was opposed to the acquisition inasmuch as no trail link
could be achieved since one piece of the property at Blackfield
Drive was not offered for sale. She was also concerned over fire
risk and liability to the Town.
Mr. Chuck Koehler of the Parks & Open Space Commission maintained
that the trail did indeed connect between Belveron through Reed
Ranch Road and skirts the new proposed Highlands development.
Hanna spoke on behalf of the Parks & Open Space Commission
Chairman who was out of Town and had indicated an interest in
acquiring the land.
/'
"
Rockey concluded that should the Town not buy the property, then
in all probability it would be offered to abutting property
owners. However, he supported the recommendation to purchase the
property and to ask the Town Manager to pursue the possibility
with Supervisor Aramburu to see if an improved financial
arrangement might be worked out.
MOTION: to support the Parks and Open Space Commission to pursue
acquisition of the Chapter 8 deeded propety along the
old right of way of the NWP near Bel Aire School and
parallel with Karen Way
Moved: Rockey, Seconded by Smith
Vote: AYES: Edelstein, Smith, Rockey, Spratling
NOES: Bergmann
I. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS
ESTABLISHMENT OF FUTURE MEETING DATES
Council set the following meeting dates:
June 22 6:30 PM MCCMC meeting, Corinthian Yacht Club
June 27 7:30 PM Town Council adjourned Meeting and Redevelopment
Agency Meeting
June 29 7:30 PM Town Council Budget Hearing (Consideration and
Use of Open Space Funds)
July 6 7:30 PM Town Council Regular Meeting
July 9 9:30 AM Town Council/Staff Retreat at phoenix Lake
July 18 7:30 PM Town Council Interview of Commission Applicants
and FAC Recommendations Hearing
July 20 7:30 PM Town Council Regular Meeting
August 1 7:30 PM Town Council FAC Recommendations Hearing
August 3 7:30 PM,Town Council Regular Meeting
J. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon Mayor Spratling adjourned the meeting at 12:25 AM,
Thursday, June 16, 1983, to Monday, June 27, 1983 at 7:30 PM.
ATTEST:
TOWN COUNCIL MINUTES #622
JUNE 15, 1983
PAGE 9
R. L.
TOWN COUNCIL MINUTES #622
JUNE 15, 1983
PAGE 10
MINUTES
TOWN COUNCIL
A. CALL TO ORDER
Mayor Spratling called the Adjourned Meeting of the Town Council
of the Town of Tiburon to order at 7:30 PM, Monday, June 13, 1983,
in the Library of Reed School, Tiburon, California.
B. ROLL CALL
PRESENT: COUNCILMEMBERS: Bergmann, Smith, Rockey, Spratling
EX-OFFICIO: Town Manager Kleinert, Director of Community
Development Hanna, Chief of Police Bailey,
Finance Director Nadritch, Supt. of Public
Works Brunini
ABSENT: COUNCILMEMBER: Edelstein
C. PUBLIC HEARING
1. 1983-84 PRELIMINARY TOWN BUDGET
Mayor Spratling stated this was a continued public hering for
the purpose of reviewing and accepting public comment or questions
concerning the proposed 1983-84 Town Budget. Tonight's session would
primarily address projected revenues, restricted fund balances,
expenditure summaries, revenue sharing projects and the individual
department budget requests.
\
The Finance Director summarized the various budget summaries
and introduced each proposed departmental budget. He noted the
Department Head's request and the Town Manager's recommendations
were indicated in separate columns in each department budget, and
the 1983-84 goal was to maintain the current level of Town services.
The budget did not propose to reduce or add any Town personnel. The
major changes from the previous year's budget were as follows:
1. Litigation costs would be separately accounted for by the Town's
Self-Insurance Program and was not reflected in each departmental
budget.
2. The Public Works function is now separated into two departmental
activities: Streets and Drainage & Parks and Open Space.
3. The Heritage, Fine Arts and Parks and Open Space Commissions have
been combined into one Commission called the Parks and Cultural
Commission, effective January 1, 1984.
4. A trained police dog is being recommended for the Police Department
to supplement their patrol and search efforts.
5. The Liability Loss Reserve line item funding in each department
budget has been eliminated as all costs will be borned by the
Town's Self-I~surance Program.
Chief Bailey noted that line item 2500 (Contractual Services) in
the Police Department should be increased by approximately $2,000
to provide for additional Major Crimes Task Force funding for
1983-84. This is the Town's pro-rata share increase for the seven
person unit.
The Town Council indicated its preliminary support for Staff's
recommendation to separate the Public Work's activities function into
two separate cost centers (streets/drainage and parks/open space).
It was also noted that in the Parks and Open Space budget an additional
$10,000 was included in the Contractual Services line item for
private landscape maintenance of the South of the Knoll area.
TOWN COUNCIL MINUTES #621
JUNE 13, 1983
PAGE 1
2. FINANCE ADVISORY COMMJ:TTEE FlNA,L REPORT AND RECOMMENDATIONS
Councilman Smith provided a graphic outline of the comprehensive
FAC Report and Recommendations to the Town Council which focused
primarily on both the Town's current and future levels of service
and funding capabilities. Smith outlined the problem that was
initially presented to the Citizen's Financial Advisory Committee
and a brief background of the Committee's efforts in preparing the
report and recommendations for Council's consideration. The report
was divided into three sections, which were Operational Decisions,
Strategic Policy Decisions and Other Opportunities. He stated the
Committee primarily focused its efforts towards the Operational
Decisions recommendations which the Town Council could consider
and act upon immediately in ,an effort to balance the 1983-84
budget.
Section I - Operational Decision~ were proposed increases in the
Town's Transient Occupancy Tax, Business License Tax, Planning Fee
Schedule, establishment of an Angel Island Ferry surcharge, use of
restricted Open Space funds for maintenance purposes, and possible
cost/service reductions in the areas of General Administration,
Police and Planning/Building. The Operational Decisions section
reflects a combined revenue increase potential and service reduction
savings which totals $200,000 - $240,000.
Several questions were raised concerning the Operational Decisions
category recommendations. These were related to the Transient
Occupancy Tax, the Planning Fee Schedule, and service reductions,
primarily regarding police personnel.
Section II - (Strategic Policy Decisions) addressed Redevelopment,
Sale of Surplus Town Open Space, Buildout of undeveloped Tiburon
properties, Annexation, the possibility of an Inn-Conference Center
in the downtown development, and exploring the contracting of
Police services with the Marin County Sheriff's Department.
Section III - (Other Opportunities) addressed additional possible
proJects or programs for the Town to consider consisting of a
Municipal Gift Catalog, utilizing Tax and Revenue Anticipation
Notes, charging for parking on Town owned property, utilizing the
Tiburon Peninsula Foundation for tax deductible gifts to the Town,
and the formation of Assessment Maintenance Districts.
Smith also made reference to the Committee's utilization of 10
year buildout projections and 1978-1988 General Fund revenue and
expenditure projections to assist in preparation of the Final
Repb!f:t '_and recommendations. These are included as appendices
to the FAC report.
The Town Council expressed its appreciation to the FAC, many of
whom were in attendance at the meeting, for the very comprehensive
and excellent financial report and recommendations.
Councilman Rockey requested that the FAC Report be considered in
conjunction with the Town's budget hearings. It was his strong
desire and recommendation that a balanced budget could be achieved
for 1983-84. The Council concurred and Mayor Spratling directed
the Town Manager to schedule the necessary public hearings to
consider each of ,the Operational Decision category recommendations
as presented by the FAC concurrent with the Town Budget hearings.
Final adoption of the budget would be deferred until these hearings
have been completed.
D . ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon, Mayor Spratling adjourned the meeting at 10:45 PM, Monday,
June 13, 1983, sine die.
TOWN COUNCIL MINUTES #621
JUNE 13, 1983
PAGE 2
ATTEST:
TOWN COUNCIL MINUTES #621
JUNE 13, 1983
PAGE 3
MINUTES
CALL TO ORDER
TOWN COUNCIL
Mayor Spratling called the regular meeting of the Town Council of
the Town of Tiburon to order at 7:35 PM, Wendesday, June 1, 1983,
in the Hilarita Community Room, Tiburon, California.
A. ROLL__ CALL
PRESENT: COUNCILMEMBERS: Edelstein, Bergmann, Smith, Rockey
(9:50 PM), Spratling
EX-OFFICIO: Town Manager Kleinert, Director of
Community Development Hanna, Town
Attorney Conn, Town Engineer Bala,
Supt. of Public Works Brunini, Chief
of Police Bailey, Minute Clerk Stultz,
Finance Director Nadritch
B. APPROVAL OF MINUTES
#610, February 22, 1983
MOTION:
Moved:
Vote:
adopt the aforementioned minutes as presented
Edelstein, Seconded by Bergmann
AYES: Edelstein, Bergmann, Spratling
ABSTAIN: Smith
ABSENT: Rockey
#619, May 18, 1983
Page 4, 6th paragraph, last sentence, change to read "He
requested that the Town Attorney research the matter and if all
was in order that Staff contact the property owner...."
MOTION:
Moved:
Vote:
MOTION:
Moved:
Vote:
MOTION:
Moved:
Vote:
adopted Minutes #619 as amended
Smith, Seconded by Bergmann
AYES: Unanimous
ABSENT: Rockey
C.
APPOINTMENTS TO COMMISS IONS, BOARDS, COMMITTEES
nominate Michael Lyon to the Board of Adjustments
Spratling, Seconded by Smith
AYES: Unanimous
ABSENT: Rockey
nominate Roger Levy to the Planning Commission
Spratling, Seconded by Bergmann
AYES: Unanimous
ABSENT: Rockey
D. 'COMMISSION AND COMMITTEE ORAL REPORTS
Councilmember Bergmann reported that she and Councilman Rockey
met with pierre Joske and representatives of Corte Madera
regarding Ring Mountain and La Cresta open space maintenance,
police and fire protection. Councilman Edelstein recommended
Staff contact Phyllis Ellman for her opinion on this matter.
E. PUBLIC QUESTIONS AND COMMENTS
There were none.
F. CONSENT CALENDAR
Council continued Item #1 on the Consent Calendar. Regarding
Item No.3, Council amended the last paragraph of the draft
TOWN COUNCIL MINUTES #620
JUNE 1, 1983
PAGE 1
~esolution to read "....as open space and recreational purposes
1n fulfillment...."
Council moved Item No. 11 to the Consent Calendar for
continuance.
MOTION: approve the Consent Calendar as amended consisting of:
1. RESOLUTION ABANDONING EASEMENT (141 Sugarloaf Drive,
Continued to 6/15/83)
2. CLAIM FOR DAMAGES (U. Moren, Recommend Denial)
3. CAL/TRANS SURPLUS PROPERTY AT GREENWOOD BEACH ROAD
(Establish Proposed Use, Resolution)
11. MARBELLA SLIDE REPAIR"AT 120 RED HILL CIRCLE
(Continued to 6/15/83)
Moved: Smith, Seconded by Bergmann
Vote: AYES: Unanimous
ABSENT: Rockey
G. PUBLIC HEARINGS
4. ZONING ORDINANCE REVISIONS AND UPDATE (Ordinance 1st Reading)
Director of Community Development Hanna gave an oral staff report
on the matter.
After discussion of the zoning ordinance revisions, Council
requested they be provided a copy of the entire zoning ordinance
with the revisions in the Staff report highlighted prior to
holding first reading of the ordinance.
5. 1983-84 PRELIMINARY TOWN BUDGET (Introduction and Overview)
Town Manager Kleinert gave a brief overview of the Town's 1983-84
preliminary budget. He noted this years appropriation is
approximately $4 million which is distorted by over $2 million in
assessment district funding. This years estimated operating
deficit is $122,000, which will leave the Town with approximately
$55,000 in unallocated reserve funds. He noted the prelim1nary
budget does not provide for any salary and benefit increases
which will have to come from the unallocated reserve funds.
He noted policy decisions for the Town this year will be
allocating 20% of the gas tax funds to the Town Engineer's
retainer fee; authorize the consolidation of the Parks & Open
Space, Heritage and Fine Arts Commissions into one commission
named the Parks and Cultural Commission, which if implemented,
would become effective January 1, 1984; authorization for the
Police Department to purchase and use a trained police dog which
will provide beneficial officer support during personnel
shortages; dividing the Public Works Department into two
functions, being, 1) streets and drainage, and 2) parks and open
space maintenance; funding certain parks and open space
improvements from the Town's restricted open space funds; and
having the Town's litigation costs funded and accounted for by
the Town's self-insurance program.
He noted this hearing will be continued to the Council's
adjourned meeting on Monday, June 13. The Financial Advisory
Committee will present is final report and recommendations to the
Council at this adjourned meeting.
Mayor Spratling opened the public hearing. Being no response,
Mayor Spratling closed the public hearing.
This matter was continued to Monday, June 13, 1983.
H. BUSINESS
6. HIGHLANDS PRECISE PLAN PROCESSING PROCEDURES (Report by
Lands and Development Committee)
Mayor Spratling reported the Town Council approved a Master Plan
TOWN COUNCIL MINUTES #620
JUNE 1, 1983
PAGE 2
for the Highlands development which had a range of possible
units. The applicant indicates that he cannot proceed with the
precise plan based upon a range of units. The applicant has
explored processing the project through the County. The
applicant and Lands and Development Committee met to try to reach
a resolution to the problem, and the Lands and Development
Committee recommends to the Council a phased precise plan. In
the first phase the applicant would provide sufficient
information for the Town to determine the appropriate density
figures for Zone 1 and la. Spratling noted this is not a short
cut procedures and the. Town will give this first phase as much
scrutiny as it would a full preciae plan. The Lands and
Development Committee has developed a list of minimum exhibits
required by the developer for the .Town to determine the
density. Councilman Edelstein reviewed the list of minimum
exhibits required.
MOTION:
Moved:
Vote:
approve the phased precise plan process as recommended
by the Lands and Development Committee including the
list of minimum exhibits required by the developer
Edelstein, Seconded by Bergmann
AYES: Edelstein, Bergmann, Smith, Spratling
ABSENT: Rockey
7.
REDEVELOPMENT PROGRAM (Review Costs, Procedures and
Consuitant Ass1stance)
Town Manager Kleinert reported at the last Council meeting Staff
was directed to look into the possibility of meeting with some
consultants to discuss what is required to pursue a redevelopment
program in Tiburon and the potentital costs involved. Since that
meeting Staff has spoken with different authorities and .
consultants. It has been determined that the 1972 action of the
Town Council declaring itself a Redevelopment Agency and the
redevelopment area boundaries are still valid. Kleinert noted
there are approximately 36 steps involved in establishing a
redevelopment program and the Town, by previous action, has
already completed 3-4 of these steps. Kleinert reviewed the
costs involved in developing a redevelopment program which
include legal counsel, $15,000 - 20,000; EIR costs, $15,000; and
an economic/planning consultant at $15,000 - 20,000. The total
cost would be approximately $50,000 - 70,000. Manager Kleinert
recommended that should the Town desire to pursue a Redevelopment
program the Town should contract with the consultants on a time
and materials basis rather than a lump sum basis. He noted he
has two consultants in mind and he would like the Councilor a
committee of the Council to meet with these consultants.
It was determined that Mayor Spratling and Councilman Smith would
meet with the consultants on TueSday, June 7 at 7:00 PM at Town
Hall.
Council recommended the discussion include the pros and cons on
the formation of a redevelopment agency in Tiburon.
8. MUNICIPAL PARKING AREA AT HOME SAVINGS (Consider
Piann1ng Cornm1SS10n's Recommendat1ons)
Director of Community Development Hanna reported at the last
Council meeting there was discussion regarding what happened to
the Town's proposal for a municipal parking lot on the property
near Home Savings to be leased by the Town from the Zelinsky
estate. Hanna noted there has not been any action taken by the
Town to lease the property. The Planning Commission reviewed
this matter and had concerns about the location and the amount of
parking spaces needed and felt this matter should be studied by a
subcommittee consisting of 2 members each from the Planning
Commission and Town Council.
Councilman Rockey noted his interest in this matter would be to
provide a municipally controlled parking lot for the residents of
the community. He noted the Town could use a validated or
TOWN COUNCIL MINUTES #620
JUNE 1, 1983
PAGE 3
sticker parking program for the residents. After discussion by
the Council the following motion was made:
MOTION: that the matter be referred back to the Planning
Commission to determine, 1) should there be a parking
lot at this location - yes or no; 2) assuming there is
going to be a parking lot, how should it be designed and
what should be the capacity, landscaping, etc.; 3) what
is it going to cost the Town to build this lot.
Moved: Spratling, Seconded by Rockey
Director Hanna questioned jf the Planning Commission should
respond to question 2 and 3 if they answer no to question 1.
Council responsed yes.
Vote: AYES: Unanimous
Council discussed when the Town may execute the lease for the
property for this proposed parking area. Mr. Keith Morrison
noted it would require Main Street properties to petition the
court for approval, which may take some time. Council
recommended the Town Attorney work with Mr. Morrison to prepare
the appropriate petition.
Council appointed Councilmembers Smith and Rockey to the
subcommittee to meet with the Planning Commission subcommittee on
this matter.
Council then discussed the temporary parking lot behind the Bank
of America. Director Hanna noted this area is designated as
"utilized area" on the Zelinsky downtown Master Plan. This area,
upon findings by the Town that additional parking is needed,
could be utilized for 30 over-flow parking spaces with no fee to
be charged. In 1978 an Agreement was entered into between Main
Street properties and the Town regarding the use of the areas
designated "utilized".
Councilman Edelstein stated that in his opinion 30 of the parking
spaces in this temporary lot should not require a fee.
Mayor Spratling recommended instead of changing the original
agreement, that the Town grant temporary authorization for non-
compliance of use for this parking area. Councilman Smith agreed
noting that the applicant is experimenting with the concept of
providing all day parking to free up the downtown parking lot.
Mr. Keith Morrison, applicant, stated that if this lot is to be
supervised and 30 spaces are to be free of charge, he would not
proceed with the lot on that basis.
Mr. James Murray, representing Mr. Ed Zelinsky, stated Main
Street properties is seeking a temporary use permit for the
proposed parking lot. Mr. Murray stated Mr. Zelinsky did not
know the 1978 agreement existed and nothing to this fact showed
up on a title search of the property. Mr. Murray stated the
agreement provides that parking be provided in the areas
desginated as utilized at "no charge to the user". He questioned
who is considered the "user".
After a lengthy discussion the following motion was made:
MOTION:
Moved:
Vote:
to authorize the Town Attorney to draft an Agreement
modifying for the one year periOd of the temporary use
permit the agreement dated July 10, 1978. This
agreement shall contain a renewable clause at the option
of both parties
Spratling, Seconded by Smith
AYES: Unanimous
ABSTAIN: Rockey
TOWN LANES, TRAILS AND PATHS MAP (Submitted by Parks and
Open Space Commission)
9.
TOWN COUNCIL MINUTES #620
JUNE 1, 1983
PAGE 4
Director of Community Development Hanna noted the map has been
reviewed by other members of the community and the Parks and Open
Space Commission. He noted the map will serve as the basis for
updating the Open Space Element of the General Plan.
Councilman Edelstein recommended the map be dated the current
date, identify where lanes are on private property, and contain a
disclaimer. He stated if the map is to be reduced the graphics
will have to be changed.
Mayor Spratling requested~the Town Attorney aaV1se the Council as
to whether the map should be published or not. He also
recommended that prior to Council determining whether the map
should be published or not that there be a noticed public
hearing. Residents impacted by publishing this map should have
an opportunity to comment on the matter.
Mayor Spratling excused himself at 10:35 PM.
10. TOWN EMPLOYEE COMPENSATION AND CLASSIFICATION STUDY
(Rece1ve and Accept Report and Recommendations)
Council continued this matter to their adjourned budget hearing
on June 13, 1983 to allow more time to study the document.
11. MARBELLA SLIDE REPAIR AT 120 RED HILL CIRCLE (Status
Report and Recommendat10ns by Town Eng1neer)
Town Manager Kleinert noted the Town Attorney has requested this
matter be continued to allow him to meet with the property owner
to try to resolve the matter before Council took any definitive
action.
Councilman Rockey expressed his concern over continuing this
matter.
This matter was continued to the next regular meeting.
I . COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS
Council discussed the SASM jogging path improvements, and
questioned why work has stopped on this project.
MOTION: that the Town Manager write a letter to SASM requesting
that procedures for the restoration of the jogging path
in accordance with the terms of their contract be
completed and that Mr. Bradford be invited to the next
Council meeting to discuss the matter
Moved: Rockey, Seconded by Smith
Vote: AYES: Unanimous
ABSENT: Spratling
J. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon Vice Mayor Smith adjourned the meeting at 10:55 PM,
Wendesday, June 1, 1983 to Monday, June 13, 1983.
TOWN COUNCIL MINUTES #620
JUNE 1, 1983
PAGE 5
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, Wendesday, May 18, 1983,
in the Hilarita Community Room, Tiburon, California.
A. ROLL CALL
PRESENT: COUNCILMEMBERS: Edelstein, Bergmann, Smith, Rockey,
Spratling
EX-OFFICIO: Town Manager Kleinert, Director of
Community Development Hanna, Town
Attorney Ragghianti, Town Engineer
Bala, Supt. of Public Works Brunini,
Chief of Police Bailey, Minute Clerk
Stultz, Finance Director Nadritch
B. APPROVAL OF MINUTES
#616, April 20, 1983
Page 2, Item 5, 1st paragraph, change last sentence to read
"Director Hanna then reviewed the applicant's other drawing of a
36 unit development on the plateau...."
Page 2, Item 5, 2nd paragraph, last sentence, insert "in Zone 1"
after EIR.
Page 3, change Councilman Edelstein's comment to read "Councilman
Edelstein stated he has no problem with setting 54 as the upper
limit of density for the density range of Zone 1."
Page 3, first MOTION change to read "to revise the density of
Zone 1 to 36-54 units and the density of Zone la to 6-11 units,
but that the previously approved maximum density range for the
entire project of 61-73 units shall remain the same".
Page 5, 4th paragraph, change 1st sentence to read "Town Attorney
Ragghianti stated the Town cannot deny the use because individual
Council members do not feel the use is appropriate, but if the
Council finds the amendment inappropriate for the community after
review of the Staff reports, sense of the public sentiment,
personal observance and if the public health, safety and welfare
are negatively impacted..."
MOTION:
Moved:
Vote:
to adopt minutes #616 as amended
Rockey, Seconded by Smith
AYES: Unanimous
Minutes #618, May 4, 1983
Page 7, Item 8, change MOTION to read "1. That the Town not
oppose the applicant's request for annexation to the Town. 2.
That a deed restriction be placed on the property notifying
purchasers that the potential development numbers on the precise
plan are the maximum and that the actual development depends on
the EIR and approvals by the Town. 3. That no development shall
occur before annexation".
MOTION:
Moved:
Vote:
adopt minutes #618 as amended
Rockey, Seconded by Bergmann
AYES: Unanimous
C.
APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES
Mayor Spratling reported there are 2-3 vacancies on the BAR.
TOWN COUNCIL MINUTES #619
MAY 18, 1983
PAGE 1
There are 3 vacancies if the Council accepts the Planning
Commission's recommendation that they no longer provide a member
on the Board. 2 vacancies if the Council does not approve the
Commission's recommendation.
MOTION:
Moved:
Vote:
reappoint Jim Malott to the BAR
Spratling, Seconded by Bergmann
AYES: Unanimous
MOTION:
Moved:
Vote:
nominate Knowles Hall to the BAR
Spratling, Seconded by Bergmann
AYES: Unanimous-
After discussion Council requested the local newspapers to
announce that the Town currently has vacancies on its Boards and
Commissions and anyone interested in serving should send a letter
of interest to Town Hall.
Mayor Spratling made the following appointments to the Council
subcommittees. Finance and Administration Committee: Councilman
Smith, chair; and Mayor Spratling. Public Services Committee:
Councilmember Bergmann, Chair; and Councilman Rockey. Lands and
Development Committee: Councilman Edelstein, Chair; and Mayor
Spratling. Chamber of Commerce Liaison: Mayor Spratling, Chair;
Councilman Rockey alternate. League of California Cities Redwood
Empire Division: Councilman Rockey, delegate; Councilmember
Bergmann, alternate. Priority Setting Committee: Councilmember
Bergmann, delegate; Councilmember Rockey, alternate. ABAG:
Councilmember Bergmann, delegate; Councilman Rockey, alternate.
D. COMMISSION AND COMMITTEE ORAL REPORTS
Mayor Spratling reported that the Lands and Development Committee
met with a representative of Southern Pacific along with Director
Hanna, Town Engineer Bala and Town Manager Kleinert. The purpose
of the meeting was to determine if SP will commit to make
payments in three areas of the Tiburon Blvd. Improvement Fund as
required in their development approval. Those areas are, the
matching funds for the FAU grant for Tiburon Boulevard
improvements, of which SP's share is $550,000; signalization of
Greenwood Beach Road, SP's share is $120,000; and an undetermined
amount for the signalization of San Rafael Avenue. Manager
Kleinert noted there was no firm resolution by Mr. Calkins, but
it is hopeful that SP will be responding to the Town shortly.
Councilman Rockey reported that the Major Crimes Task Force
Oversight Committee made a presention to the Board of Supervisors
on Tuesday to immediately expand the Task Force Unit from 3
officers to 7. This expansion would require a revised funding
formula whereby the Marin cities would contribute $125,000 and
the County would fund the balance. The Supervisors voted to
endorse the proposal, but revised funding formula.
1 . REDEVEJ;..OPMENT PROGRAM
Councilman Smith reported that the Financial Advisory Committee
(FAC) has been meeting for 9 months and is now putting its
finishing touches on the Final Report to the Town Council. This
final report will be presented to the Council at its June 13,
1983 budget hearing. The FAC has separated Redevelopment from
the final report because if the Council is interested in forming
a Redevelopment Program, time is of the essence. The FAC
recommends the Council seriously explore the formation of a
Redevelopment Agency, using as the basis for the formation the
Southern Pacific property. The FAC recommends that if the
Council wishes to pursue Redevelopment that a professional
consultant be retained. The Committee estimates a consultant
will cost approximately $25,000 - 35,000 which the Town will have
to advance to the Redevelopment Agency. Should the Redevelopment
Agency go forward the money will be reimbursed to the Town plus
interest. Councilman Smith noted that if the Council wished to
pursue Redevelopment and use 1984 as the base year for tax
TOWN COUNCIL MINUTES #619
MAY 18, 1983
PAGE 2
purposes, the Agency must be formed, including all required
public hearings, EIR, etc. by December 31, 1983.
Council directed Staff to come back at the next hearing with
specific recommendations of the cost to implement the
Redevelopment Agency and names of persons who might serve as a
consultant to the Town.
E. PUBLIC QUESTIONS AND COMMENTS
There were none at this time.
F. CONSENT CALENDAR
Council moved Items 7, 10 (2.), and 13 to the Consent Calendar.
MOTION: to adopt the consent calendar consisting of:
2. FINANCE REPORT (April 1983)
4. POLICE REPORT (April 1983)
4. RESOLUTION ABANDONING EASEMENT (141 Sugarloaf Drive,
Continued to 6/1/83)
5. CLAIM FOR DAMAGES (V. Obininsky, Recommend Denial)
6. NOTICE OF COMPLETION (Main Street/Alcatraz Avenue
Slide Repair, Resolution No. 2118)
7. MASTER PLAN (Schonfeld Red Hill Property, Continued
to 6/1/83)
10. PARKS & OPEN SPACE COMMISSION (Recommendation No.2)
13. 1983-84 PRELIMINARY TOWN BUDGET (Discuss and Set
Public Hearing Schedule)
Moved: Rockey, Seconded by Bergmann
Vote: AYES: Unanimous
G. PUBLIC BEARINGS
There were none.
H. BUSINESS
8. MASTER & PRECISE PLAN AMENDMENT (Family Entertainment Center,
Resolution of Denial)
Council waived the oral Staff report.
Mayor Spratling asked Mr. Wagner, applicant, if he had any
comments on this matter. Mr. Wagner replied he did not.
Council amended Finding C. of the ReSOlution, 7th line to read
"and potential surrounding uses in that it would result in, among
other things, undue congestion...".
Town Attorney Ragghianti noted that in Finding D the work filed
is a typo and should read "failed".
MOTION: adopt the resolution denying application for Master Plan
approval for building located at 1690 Tiburon Boulevard as
amended.
Moved: Edelstein, Seconded by Rockey
Vote: AYES: Unanimous
9. TEMPORARY DOWNTOWN PARKING LOT (Request by Chamber of
Commerce)
Director of Community Development Hanna reported the Planning
Commission considered a request by the Chamber of Commerce to
build a temporary parking facility behind the Bank of America for
employee and overflow parking. The Planning Commission supported
the idea but two members suggested the lot be a free parking lot
area and were concerned about the lack of details for the lot.
TOWN COUNCIL MINUTES #619
MAY 18, 1983
PAGE 3
Council questioned the designation of this portion of the
Zelinsky property under the Zelinsky Master Plan. Director Hanna
responded it is designated "utilized area" which upon findings by
the Town that additional parking is needed the Town can require
that such parking be provided.
Council questioned who was going to make the improvements.
Director Hanna responded that Main street properties will pay for
the improvements and be reimbursed by the monies raised by the
fees charged.
Mr. Keith Morrison, Manager of Main Street Properties, noted
Belvedere Land Company is involved in this project to the extent
that they will take up some of the parking to remove employee
parking from their parking areas. Mr. Morrison noted the
principle use of the lot will be to eliminate all day parking in
the downtown Zelinsky parking lot. He noted the parking lot will
be temporary as it will have to be redone when Beach Road is
extended. The estimated cost for the improvements is $35,000 -
40,000.
Engineer Bala noted that only a portion of the lot will have to
be redone when Beach Road is extended. He noted the most
important improvement will have to be drainage of this property.
Director Hanna noted that the master plan for the Tiburon Lodge
expansion also requires additional parking. Mr. Morrison stated
that if this temporary lot works out then he will be back to ask
for a permanent lot including landscaping and any additional
Lodge parking.
Councilman Edelstein stated he generally supports the reque~t.
He noted when the Town approved the Frank Howard Allen building a
requirement of the master plan was that their parking lot not be
chained when the building was not in use, but every weekend the
lot has a chain across it. He requested that the Town Attorney
research the matter and if all was in order that Staff contact
the property owner and have the chain permanently removed. He
also stated he has not objection to the charge of parking fees.
Councilman Rockey noted the Town is leasing a portion of property
from Main Street properties near Home Savings, and, if parking is
an issue downtown, he questioned why the Town does not open up a
parking lot and charge fees. He expressed his concern that the
commuter parking lot proposed by the Town was held up at the
Planning Commission level but this lot has been expedited through
the planning process.
Council questioned what staff's recommendations are in regard to
this proposal. Director Hanna responded that Council should
approve the request and let the applicant work with Staff on the
details of design and fees. Mr. Morrison stated he would like a
one year use permit for the lot.
Mayor Spratling questioned what authority, if any, the Town has
to review the fees on a private parking lot pursuant to a use
permit. Attorney Ragghianti responded he would have to research
the matter, but his initial reaction is that the Town could not
control the fees charged.
MOTION: approve the request subject to review of the details of
the improvements with Town Staff and with an overview by the
Lands and Development Committee
Moved: Edelstein, Seconded by Smith
Vote: AYES: Edelstein, Bergmann, Smith, Spratling
NOES: Rockey
Councilman Rockey noted he voted against the motion as he feels
the municipal lot and this parking lot should have been presented
and evaluated together.
Councilman Edelstein again requested Staff to contact the owner
TOWN COUNCIL MINUTES #619
MAY 18, 1983
PAGE 4
of the Frank Howard Allen building and have the chain removed
across the parking lot entrance.
10. PARKS & OPEN SPACE COMMISSION (Recommendations from May 8,
1983 Meeting)
Council discussed Item No.1, Fitness Course.
Recreation Director Nancy Cappelloni reported this is a request
for Council's approval of the installation of a warm-upjcool-down
station at Blackie's Pasture. The equipment is being donated in
part by Wells Fargo and the remaining funding from community
donations.
Council noted they do not have a problem with the proposal, but
the station should not be installed until after the Blackie's
Pasture precise plan has been approved and the location of this
equipment defined.
Mr. Matt Blum, representing Wells Fargo, stated this is not
something that has to be installed immediately, but he just needs
approval that it will be installed sometime in the future.
MOTION: approve the fitness course in concept with the exact
location and timing to be later designated at the time of
approval of Blackie's Pasture Precise Plan
Moved: Spratling, Seconded by Bergmann
Vote: AYES: Unanimous
11. BELVEDERE/TIBURON JOINT RECREATION COMMITTEE (Approve Amended
J01nt Powers Agreement, Resolut10n)
Town Manager Kleinert reported this matter is the approval of the
revised Joint Powers Agreement between the City of Belvedere and
Town of Tiburon in regard to the Joint Recreation Committee. The
basic changes to the JPA are the deletion of the paragraph
dealing with employees and the addition of one paragraph which
requires the filing of the Agreement with the Secretary of
State. Manager Kleinert noted his one comment in regard to the
JPA dealt with the distribution of membership of the Committee.
As the financial and liability responsiblity of the Committee is
based on a ratio of population, he questioned why the membership
of the Committee is not also based on the population ratio.
Instead of the Committee presently having 3 Tiburon
representatives, 3 Belvedere Representatives and 1 School
District representative, by population the Committee would be
comprised of 4 Tiburon, 2 Belvedere and 1 School District
representative.
Council questioned if revenue raised by the Committee could be
used to pay for maintenance of Town facilities which the
Committee uses. Manager Kleinert responded revenues could be
used for maintenance.
Recreation Director Cappelloni stated the Committee takes in
approximately $700 per year on the rental of McKegney Green. She
noted the administrative time spent on renting out the field is
extensive and offered turning over that function to the Town.
Sue Morris, Chairman of the Committee, stated the Committee is
/ opposed to Manager Kleinert's recommendation of redistributing
the membership of the Committee. She stated the feeling of
equality on the Committee is very important. She stated her
opinion is that it would be appropriate to someday have the
financial and liability responsiblities be 50/50 between
Belvedere and Tiburon.
MOTION: adopt the resolution approving the amended Joint Powers
Agreement (Resolution No. 2119)
Moved: Rockey, Seconded by Smith
Vote: AYES: Unanimous
TOWN COUNCIL MINUTES #619
MAY 18, 1983
PAGE 5
Councilman Rockey suggested instead of adjusting the makeup of
the Committee, the Committee should come back with a formula to
address the liability and financial responsiblities and then
perhaps amend the JPA accordingly.
12. BELVEDERE ANNEXATION TO TIBURON FIRE DISTRICT (Consider and
Approve Proposed Annexation)
Manager Kleinert reported the Town of Tiburon received a courtesy
letter from the City of Belvedere in regard to their intent to
annex to the Tiburon Fire District9 Manager Kleinert noted that
the Town could presently proceed to make the Fire District of
subsidiary district of the Town as over 70% of land area and
registered voters within the District reside within the Town
limits. with the Annexation of Belvedere to the Fire District,
Tiburon could not proceed, if it desired, to make the Fire
District a subsidary district because it would not be able to
meet the land area or registered voter requirements. Manager
Kleinert stated he does not see the Town making the Fire District
a subsidary district. He felt should this ever occur it should
be the District that comes to Tiburon.
Council questioned if LAFCo will be involved in this
annexation. Sandra Marker, Belvedere City Manager, stated there
are two methods to annex to the Fire District. Belvedere can go
through LAFCO or use the Fire Safety Act of 1965 to achieve
annexation to the Fire District. Because of the time schedule to
get this matter on the November ballot, Belvedere is using the
Fire Act of 1965.
MOTION: that the Town Council expresses its opinion that it
makes no objection to the action of the City of Belvedere
Moved: Edelstein, Seconded by Smith
Vote: AYES: Unanimous
I. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS
Council discussed a possible date for a Staff/Council retreat.
It was decided to have the retreat on Saturday, July 9, 1983, at
a place to be determined.
Councilman Bergmann reported she will be attending the Priority
Setting Committee meeting for the community block grant program
tomorrow. She noted Belvedere has been granted funding to
perform a feasibility study for the Belvedere School. Belvedere
and the RUSD do not want the study to include the relocation of
organizations currently using the School. Council directed
Bergmann to state the Town's position is that the feasiblity
study for the Belvedere School include the relocation of
organizations using the facilities.
J . ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon Mayor Spratling adjourned the meeting at 10:45 PM,
Wednesday, May 18, 1983, sine die.
TOWN COUNCIL MINUTES #619
MAY 18, 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 7:40 PM, Wendesday, May 4, 1983,
in the Hilarita Community Room, Tiburon, California.
A. ROLL - CALL
PRESENT: COUNCILMEMBERS: Edelstein, Bergmann, Smith, Rockey,
Mayor Spratling
EX-OFFICIO: Town Manager Kleinert, Director of
Community Development Hanna, Town
Attorney Conn, Town Engineer Bala,
Supt. of Public Works Brunini, Chief
of Police Bailey, Minute Clerk Stultz,
Finance Director Nadritch
B. APPROVAL OF MINUTES
i616, April 20, 1983
These minutes were continued to the next regular meeting as they
had not been submitted.
~6ll,
April 21, 1983
MOTION:
Moved:
Vote:
to adopt minutes i617 as submitted
Smith, Seconded by Edelstein
AYES: Unanimous
c. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES
There were none at this time.
D. COMMISSION AND COMMITTEE ORAL REPORTS
a. TIBURON PENINSULA TRANSPORTATION STUDY (Merv Field)
Councilman Smith introduced Mr. Merv Field who donated his time
and oversaw a telephone survey on the Tiburon Peninsula to study
commuter habits.
Mr. Field presented an overhead slide show and explained the
commuter habits on the Tiburon peninsula. The study is available
at Town Hall for review.
E. PUBLIC QUESTIONS AND COMMENTS
b. MARIN COUNTY, ALCOHOL ADVISORY BOARD (Joe Wi Ine r )
Mr. Joe Wilner, Chairman of the Marin County Alcohol Advisory
Board, explained the programs available in Marin County for
adults and children with alcohol problems.
\ c. ~IBURON SANITARY DISTRICT EXPANSION STATUS (Tom Patton)
Mr. Tom Patton of John Carollo Engineers, spoke on behalf of the
Board of Directors of Sanitary District No.5. He reviewed the
status of the treatment plant expansion project noting the main
contract should be completed by March 1984. He stated the Board
intends to restore the appearance of the landslide adjacent to
the plant as funds become available. He expected restoration to
commence late this year or early next year.
Council explained to Mr. Patton the Council wants the slide to be
TOWN COUNCIL MINUTES i6l8
MAY 4, 1983
PAGE 1
restored to as close as natural conditions. They recommended one
step could be to place top soil over the rocks on the hillside.
Engineer Bala stated in his opinion that topsoil can be placed on
the rocks and landscape allowed to grow.
Council appointed a committee of Councilmembers Smith and
Edelstein to meet with the Sanitary Board to resolve the matter
of the slide restoration appearance.
d. 1st NATIONWIDE SAVINGS PRESENTATION (Ader Gandi)
Mr. AderGandi, branch pre'sident of 1st Nationwide Savings on
Tiburon Boulevard, explained that Town Manager Kleinert
approached him several months ago for a contribution to the
Tiburon Emergency/Disaster Plan which was being prepared by
volunteers on the Tiburon Peninsula. Mr. Gandi presented the
Town with a check for $500 to use in any manner on the Disaster
Plan. Council extended their sincere appreciation to Mr. Gandi
and 1st Nationwide Savings for their generous donation.
F. CONSENT CALENDAR
Council moved Item No.9 to the Consent Calendar.
MOTION: to adopt the Consent Calendar consisting of:
1. ILLEGAL UNITS AT 2200 AND 2290 PARADISE DRIVE
(Status Report)
2. MARIN AREA AGENCY ON AGING (Proclaiming Mayas
Senior Citizen Month, Resolution No. 2106)
3. CIBRIAN DRIVE ASSESSMENT DISTRICT (Set Public
Hearing Date, Resolution Nos. 2107 - 2112)
4. MT. VIEW DRIVE UNDERGROUNDING ASSESSMENT DISTRICT
(Set Public Hearing Date, Resolution Nos. 2113 -
2116)
9. 141 SUGARLOAF DRIVE PUBLIC EASEMENT (Settlement
Agreement)
Moved: Rockey, Seconded by Smith
Vote: AYES: Unanimous
G. PUBLIC HEARINGS
5. MASTER & PRECISE PLAN AMENDMENT (Family Entertainment Center,
Corner Market, Ordinance 1st Reading)
Director of Community Development Hanna reported this is an
application to establish a family entertainment center in a
portion of the existing Corner Market. This matter was continued
from the last regular meeting to allow staff to review parking,
placement of bicycle racks, circulation and to research legal
questions raised by Council. Hanna reported it is Staff's
recommendation, if Council approves this application, that
bicycle racks be placed infront of the market and in the parking
space by the Flower Shop. The ordinance before the Council is
based upon the r~commendations of the Planning Commission.
Councilman Rockey inquired as to whether, if conditions were
attached to an approval, such would apply to a successor in the
event of a sale and change of ownership. The staff advised that
they would.
Councilman Edelstein asked whether if the application were denied
such action would be contrary to Town ordinances or other law.
Staff advised that in its opinion the Council must be guided by
the standards set forth in the PD zoning regulations, and other
applicable regulations, and that approval or denial must be based
upon the findings reached by the Council as specified in the
regulation. Town Attorney Conn stated that insofar as the PD
zone regulations are concerned, the primary findings applicable
here, and which the Council must find, are that the proposed use,
"will not be de,ter imental to present and potential surrounding
TOWN COUNCIL MINUTES i6l8
MAY 4, 1983
PAGE 2
uses, but will have a beneficial effect", and that the area
"surrounding said development can be planned and zoned in
coordination and substantial compatibility with the proposed
developement".
Mayor Spratling questioned whether the Council can make findings
that the proposed use was not beneficial to the community and if
such a denial could be sustained based upon an exercise of the
general police power. The Town Attorney advised that there would
have to be adequate findings of fact to support a denial based
upon that ground.
Mayor Spratling opened the Public Hearing.
Mr. David Wagner, applicant, stated he is proposing a family
entertainment center. He stated many of the children in Town do
not want to participate in soccer, little league or activities
sponsored by the Recreation Department but would enjoy using the
entertainment center. He stated if the parents do not want their
children in the center it is their responsiblity to keep the
children from using his establishment. He expressed his concern
that after 8 months of this proposal being in the works that it
was not until last week that people are objecting to his
proposal.
Mrs. Barbara Lonn spoke in opposition of the proposal noting she
circulated a petition against the arcade. She stated the video
games are an isolated activity and nothing positive comes out of
using them.
Mr. Wolfgang Zech spoke in opposition to the proposal stating
that this establishment would be a calculated exploitation of the
children. The games create anxiety and frustration in the
children. He also stated the use will have a negative impact on
traffic congestion. He stated the children of the peninsula do
need some recreational facilities but this is not the right use.
Mrs. Carol Forell spoke in opposition of the proposal and urged
the Council's strongest consideration to denying the application.
Ms. Bobbie Vargas, spoke in support of Mr. Wagner and the
application. She stated her concern over the late objections to
this application.
Mrs. Joan Bergsund stated there is no beneficial aspect to the
proposal and urged Council to deny the use.
Mrs. Barbara Matthew spoke in opposition of the proposal stating
the Council established an ordinance limiting the number of video
games in an establishment to 8. She noted Mr. Wagner's business
is not doing so well and in order to stay in the community he
needs to add more machines. She questioned if this will have a
domino effect with other businesses that are failing.
Mr. Fred Mantegani, property owner, stated there is no federal or
state law or Cou~ty or City ordinance saying this type of
business is illegal. He stated there have not been any surveys
done on traffic, bicycles, or noise which state this type of
activity would have an adverse effect on the community. He
stated in his opinion that if this matter went before a judge or
jury there is no way the matter could be denied.
Mr. Wagner stated when the whole matter of video games came to
the Council 8 months ago he could have installed 50 machines in
his store and they would have been grandfathered in when the
video game ordinance was adopted. He noted he instead waited for
the Council to adopt an ordinance so he could work with the Town.
Mr. Mantegani urged the Council to allow Mr. Wagner a six month
trial with his proposal and then review the matter again.
Mayor Spratling closed the Public Hearing.
TOWN COUNCIL MINUTES i6l8
MAY 4, 1983
PAGE 3
do. Mayor Spratling stated this proposal must be judged on its
own merits and not the quality of the applicant. Mayor Spratling
stated he agrees with the arguments of the opponents that there
are already alot of video games in Town, the video game center is
inconsistent with the Downtown Plan and the video game ordinance,
and maintaining the village character of the Town.
The Town Manager suggested that the motion be amended to direct
staff to prepare a proposed resolution together with suggested
findings based upon the results of this public hearing and
discussion and then present it to the Council for its
consideration at the next meeting.. Councilman Edelstein amended
his motion to so provide and Councilmember Bergmann seconded the
amendment.
Councilmember Smith stated this motion is only denying the
applicant from increasing the number of video games and
encouraged Mr. Wagner to find another use for his establishment.
Vote: AYES: Unanimous
6.
GREENWOOD BEACH ROAD CLOSURE (Review of 6 month Trial
Closure)
Director of Community Development Hanna reported that Council
previously adopted a resolution closing Greenwood Beach Road for
six months on a trial basis. This was done at the request of the
residents on Greenwood Beach Road who were concerned with traffic
and pedestrian safety on the road. The matter now comes before
Council to determine if it is appropriate to permanently close
the road. Hanna noted the Tiburon Traffic Safety Committee and
the Tiburon Fire Protection District do not believe it is
appropriate to close the road. The Tiburon Baptist Church is
neutral on the matter and the Alto Richardson Bay Fire Dept. has
not particular problem with closing the Road. The Reed Union
School District supports the closure as it is the only path for
students going to Bel Air and Del Mar School.
Council questioned the Chief of Police as to any problems that
occured during the trial closure. Chief Bailey reported the main
problem was from the enforcement standpoint.
Council questioned if there is any way to permanently close the
road which will not reduce the response time for emergency
vehicles. Town Engineer Bala stated from a traffic point of view
it is not approriate to close the road. Should the Town wish to
close the road and still allow emergency vehicles access, it
would require an elaborate closure with landscaping.
Council questioned what the designation of Greenwood Beach Road
is in the Town's Circulation Element.
Mayor Spratling opened the public hearing.
Mr. Dave Hanson, president of the Tiburon Fire District Board,
stated the Fire District is adamantly opposed to closing
Greenwood Beach Road as it would reduce their response times. He
also stated if there were a chemical spill which closed Tiburon
Boulevard there would be no lateral access road if Greenwod Beach
Road were closed. Mr. Hanson also expressed the District's
concern over damage to their vehicles and men by using traffic
bollards to close the road. He reported that closing the road
would add an additional 4 minutes to the District's response
time.
Council questioned the reason the District objects to bollards.
Mr. Hanson stated the flexible bollards can whip up and wreck the
underneath of the vehicles or injur a fireman.
Mr. Forrest Morephew, president of the Greenwood Beach Road
Homeowners Association, reported that the temporary closure has
worked. He requested the Town permanently close the road using a
TOWN COUNCIL MINUTES i618
MAY 4, 1983
PAGE 5
similar barrier as there is now.
Mr. Harry Heath 440 Greenwood Beach Road, spoke in favor of
permanently closing the road.
Mrs. Holcombe spoke in favor of permanently closing Greenwood
Beach Road as her home and others at the end of the road are an
extension of Blackie's Pasture when the road is open.
Ms. Helen Smith, assistant manager of the Cove Apartments, stated
the majority of residents are opposed to the closing based on the
inconvenience to travel to downtown Tiburon, delayed response
times by the fire department, and when Greenwood Cove Road floods
the inability to use alternate access to Tiburon Boulevard.
Ms. Pat Grove, Cove Apt. resident, spoke in opposition of the
closure stating she will probably not shop or bank in Tiburon if
the road is permanently closed because of the added inconvenience
to get to Tiburon Blvd.
Mr. Ralph Cole, Paradise Drive, stated this road is a public, tax
supported road and the public has a right to use the road.
Mr. Phil Richardson stated not one Greenwood Beach resident wants
the road to be closed to emergency vehicles. He does not feel
there is a need for the general public to use the road. He noted
he did puchase some rubber bollards to install across the road,
but Fire Chief Buscher was opposed to their use as they may
damage the fire trucks or firemen. Mr. Richardson spoke to the
Corte Madera Fire Chief and he has had no problem with the
bollards in Corte Madera.
Mr. John Nickohemus, Cove Apt. resident, spoke in opposition of
closing Greenwood Beach Road noting the protection and safety of
500 residents in the Cove is as equally important as the peace
and tranquility of 20 residents.
Mike Hopton spoke in opposition of closing the road.
Mr. Rick Cupples noted Greenwood Beach Road was once the highway
into Tiburon. There is no space to walk or bike along the
road. The average speed of motorists was 37-38 MPH. He urged
the Council to permanently close the road.
Mrs. Petey Stein, Chairman of the Parks and Open Space
Commission, reported the Commission feels it is important to
offer a multi purpose path route to the Bel Aire and Del Mar
Schools. The Commission also feels the cul-de-sac goes along
with the Blackie's Pasture precise plan.
Mrs. Barabara Matthew supports the closure and requested that if
the Council opens the road again that it consider some safe way
for the children to get and from school. Mrs. Pricilla Tripp
supported Mrs. Matthew's comments.
Mr. Bill Stevens, Cove Apts., stated it does not bother him to
take the extra time to get to Tiburon Boulevard. He questioned
what the effect of the stop lights at Greenwood Beach Road will
be.
Mayor Spratling closed the public hearing.
Councilman Rockey noted a portion of Greenwood Beach Road is in
the Tiburon Town limits and the other portion is in the County
and questioned the County's reaction to the proposed closure.
Staff noted the County has no problem with closing the road.
Councilman Edelstein stated one old suggestion to slowing down
traffic on the road was to install a stop sign at the driveway
into the Church. Engineer Bala stated it is his opinion that
stop signs should not be used as devices to slow down traffic.
TOWN COUNCIL MINUTES .618
MAY 4, 1983
PAGE 6
Mayor Spratling stated the applicant reported that he could have
moved any number of machines into the establishment prior to the
adoption of the Video Game Ordinance and they would have been
grandfathered in. Spratling noted that if a substantial number
of machines had been installed such would in his opinion
constitute a change of use and therefore Mr. Wagner could not
have installed as many machines as he wished and have them
grandfathered in.
MOTION: that the application be denied for the following reasons
and findings:
1. The extent of the change in use is in conflict with
the content, purpose and goals of the Town General Plan
and the Downtown Plan, in terms of the character of
downtown retail/commercial establishments.
2. The extent of the change in use will interfere with
adjacent uses and public thoroughfare in terms of
congestion and conflict between pedestrians, bicycles,
vehicles, noise and the like.
3. The extent of the use is in direct conflict with the
purpose and intent of the Video Ordinance passed
recently by the Town which allowed up to 8 machines.
4. That the applicant is not being denied reasonable
rights to viable enterprise.
5. Two wrongs do not make a right.
Moved: Edelstein, Seconded by Bergmann
Councilman Smith stated there is an ordinance which limits
businesses to a maximum of 8 video games, and, accordingly, he
questioned the impact of this ordinance and the implications
involved should the Council approve the present application which
called for 20 video games. The Town attorney replied that the
application, if approved, would be contrary to the express
provisions of the recently enacted video game ordinance and that
in order to approve the present application the Council should
require the applicant to present evidence that would justify the
Council in making the findings required by Section 17 of the
Zoning Ordinance, and state law, pertaining to variances. Upon
request the Town Attorney read the provisions of Section 17 which
set forth the findings that must be made to grant a variance.
The Town Attorney further stated that if such findings can not be
made, the alternatives would be to deny the application (as being
impermissible in view of the provisions of the video game
ordinance) or to amend and/or repeal the video game ordinance.
The practical effect of approving this application would be to
impliedly repeal the video game ordinance as it would be an
acknowledgement that all businesses could install a maximum of 20
video games (as opposed to the present limit of 8). The Town
Attorney stated that it would be legally impermissible to favor
one business over another by allowing one to have 20 machines
while at the same time limiting all others to 8.
Councilmember Bergmann stated that 8 months ago she was opposed
to this use and pothing has changed her mind. She stated her
concern is this entertainment center would be taking up space for
some type of business that would be resident serving and
consistent with the Downtown Plan.
Mayor Spratling did state his concern that the public objections
to this proposed use came so late in the public hearing process,
noting it does not make the objections any less valid. He urged
members of the public who are interested in any matter before the
Town to make their opinion known. He stated the community is
overwhelmingly concerned about and aginst this proposal. He
stated at the last hearing it was mentioned numerous times that
the kids need someplace to "hang out", but that is not a reason
to deny or approve this application. Mayor Spratling noted the
applicant feels that denying this application would present an
intrusion of free enterprise. He stated the Council is not
telling a businessman what he can do, but rather, what he cannot
TOWN COUNCIL MINUTES ~6l8
MAY 4, 1983
PAGE 4
After a lengthy discussion the following motion was made:
MOTION: to extend the temporary closure to coincide with the
signal light installation at Greenwood Beach Road, that
the Town Engineer come up with some additional design
changes to discourage the public from going through the
barrier including "Emergency Vehicle Only" signs, and
that the Council is to approve the appearance of the
temporary closure
Moved: Smith, Seconded by Bergmann
Vote: AYES: Unanimous
7. GENERAL REVENUE SHARING FUNDS (1983-84 Proposed Use Hearing)
Mayor Spratling opened the public hearing.
Being no response the public hearing was closed.
H. BUSINESS
8. RING MOUNTAIN (Request to Separate Future Development
Areas from Master Plan)
Council waived the oral staff report.
Mr. Richard Coombs, Ring Mountain Limited, reviewed the two
development areas which the applicant would like separated from
the Ring Mountain Master Plan. The areas have been identified on
the Ring Mountain precise plan. He requested that the Council
not oppose the annexation of these two development areas to the
Town of Tiburon. He noted the lot line adjustment and boundary
change will be approved subject to specific wording being
recorded against the property.
Staff recommended that the Town not oppose the applicant's
application for annexation to the Town of Tiburon the two areas
identified as parcels G and H on the cover sheet of the Ring
Mountain precise plan, that a deed restriction be placed on the
property and that no development occur before annexation.
MOTION: 1. That the Town not oppose the applicant's request for
annexation to the town of Tiburon. 2. That a deed
restriction be placed on the property notifying
purchasers that the potential development numbers on the
Precise Plan are the maximum and that the actual
development depends on the EIR and approval by the
Town. 3. That no development shall occur before
annexation of the property to the Town.
Moved: Edelstein, Seconded by Rockey
Vote: AYES: Unanimous
13. l'IBURON BLVD/GREENWOOD BEACH ROAD TRAFFIC SIGNALS
Town Engineer Bala reported the Town has an Agreement with
CAL/TRANS to in~tall traffic signals at the subject
intersection. He has approached CAL/TRANS to limit no left hand
turns from Trestle Glen to Tiburon Blvd. during certain hours of
the day. CAL/TRANS is now of the opinion that there is no
immediate need to install the traffic signals and recommends the
matter be deferred for one year.
Mr. Robert Crockett, CAL/TRANS, stated the agreement is that a
split system signal be installed to reduce the traffic problems
at Trestle Glen. He reported CAL/TRANS has a tehcnical problem
with the Town just installing the phase I signals at Greenwood
Beach Road.
Council directed Staff to contact Southern Pacific to request
that they contribute their financial obligation to this project
as soon as possible.
TOWN COUNCIL MINUTES l618
MAY 4, 1983
PAGE 7
I. COMMUNICATIONS, STAFF AND TOWN MANAGER ITEMS
J. ADJOURNMENT
Being no further business of the Town Council of the Town of
Tiburon Mayor Spratling adjourned the meeting at 12:15 AM,
Thursday, May 5, 1983, sine die.
ATTEST:
R.
TOWN COUNCIL MINUTES .618
MAY 4, 1983
PAGE 8
MINUTES
ADJOURNED MEETING
CALL TO ORDER
Mayor Rockey called the adjourned meeting of the Town Council of
the Town of Tiburon to order at 7:10 PM, Thursday, April 21, 1983,
in the Hilarita Community Room, Tiburon, California.
ROLL CALL
PRESENT: COUNCILMEMBERS: Edelstein, Bergmann, Spratling, Smith
Rockey
EX-OFFICIO: Town Manager Kleinert, Director of Community
Development Hanna, Chief of Police Bailey,
Supt. of Public Works Brunini
ELECTION OF MAYOR AND MAYOR PRO-TEMORE
Mayor Rockey stated the purpose of tonight's meeting was for the
election of Tiburon's Mayor and Mayor Pro-Tempore for 1983-84.
Mayor Rockey extended his appreciation to his wife, Carol Ann,
to his colleagues on the Council and to the Staff for their
support, assistance and dedication during the past year. He
also recognized in the audience and acknowledged the many
contributions of former Mayors Bass, Hanson, Bergsund, and
Strawbridge.
Mayor Rockey then turned the meeting over to the Town Manager/Clerk
to conduct the election proceedings. Town Manager Kleinert'
assumed the Mayor's chair and declared nominations open for the
position of Mayor of the Town of Tiburon.
MOTION:
Moved:
to nominate Gary Spratling as Mayor for 1983-84
Rockey, Seconded by Edelstein
MOTION:
Moved:
to close nominations for Mayor
Edelstein, Seconded by Rockey
Town Manager Kleinert stated that Gary Spratling has been elected
byacclamation Mayor of the Town of Tiburon for 1983-84.
Mayor-elect Spratling conveyed his thanks to his fellow Council-
members and proceeded to open nominations for the position of
Mayor Pro-Tempore of the Town of Tiburon
MOTION:
Moved:
to nominate Larry Smith as Mayor Pro-Tempore for 1983-84
Rockey, Seconded by Bergmann
MOTION:
Moved:
to close nominations for Mayor Pro-Tempore
Edelstein, Seconded by Bergmann
Mayor Spratling stated that Councilman Smith has been elected by
acclamation to the position of Mayor Pro-Tempore for 1983-84.
Supervisor Aramburu presented the newly formed Town Council with
a County warrant in the amount of $6,369 which was a property tax
refund to the Town for hospital taxes held by County until
litigation was resolved.
Former Mayor Kirk Hanson expressed his personal appreciation to
former Mayor Rockey for his dedicated service to the Town while
serving as Mayor.
The meeting was adjourned at 7:30 PM, Thursday, April 21, 1983,
sine die.
TOWN COUNCIL MINUTES #617
APRIL 21, 1983
PAGE ONE
AT/@~
R.L. KLEINERT, TOWN MANAGER/CLERK
TOWN COUNCIL MINUTES #617
APRIL 21, 1983
PAGE TWO