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HomeMy WebLinkAboutTC Min 1990-10-03 TOWN COUNCIL MINUTES CLOSED SESSION Mayor Logan called the closed session of the Town Council of the Town of Tiburon to order at 6:00 p.m. to discuss litigation. CALL TO ORDER Mayor Logan called the regular meeting of the Town Council of the Town of Tiburon to order at 7:00 p.m., Wednesday, October 3, 1990, in Room 5, Del Mar School, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Friedman, Coxhead, Thayer, Kuhn, Logan ABSENT: COUNCILMEMBERS: None EX OFFICIO: Town Engineer Bala, Supt. of Public Works Brunini, Planning Director Lohman, Senior Planner Anderson, Chief of Police Herley, Town Attorney Truxaw, Finance Director Stranzl, Town Clerk Hennessy, Minute Clerk Kearney B. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES FOUNDATION FOR SOCIAL INNOVATION (Citizen Diplomacy Through Sister City Concept - Zagorsk, Russia - Appointment of Citizens Committee) Councilman Kuhn recommended a committee of seven volunteers consisting of Tom Green, Nancy Schlegel, Marcia Griff, Kim Weichel, Marshall Gross, Lydia Federoff, Heidi Kuhn, with himself acting as liaison to the Town Council, meet in 10 days to elect a Chairman. The purpose of the committee would be to determine the appropriateness of establishing a sister city and tQ explore the requirements of such. Mayor Logan recommended the Committee establish a charter at their first meeting outlining what they propose to accomplish and report back to the Council. Motion: Moved: Vote: To appoint the designated individuals to the Sister City Committee. Kuhn, Seconded by Thayer AYES: Unanimous TOWN COUNCIL MINUTES #891 10/3/90 1 C. PUBLIC OUESTIONS AND COMMENTS CHOI APPEAL Carolyn Hockley, 20 Mara Vista, requested the appeal granted by the Council to deny the addition of a second story by Mr. Choi at 12 Mara Vista, be scheduled for rehearing by the Council because there were no findings presented by the Council; Mr. Choi is being denied reasonable use of his property without legal basis; and the Town is open to further litigation because the applicant complied with Town procedures and ordinances, received approval from the BAR and had that approval overturned by the Council because of the appeal of only one neighbor, and thus violating due process. Bill Rankin, 13 Mara Vista, stated a meeting was held of all neighbors in an attempt to obtain unity in support of Mr. Choi. Support was expressed by all in attendance except for one person. Mr. Rankin further stated that only two neighbors would be directly effected, himself and his next door neighbor, and they have always been in full support of Mr. Choi. He further indicated his suspicion that opposition from his neighborhood may be related to racial prejudice against Mr. Choi. He urged Council allow a rehearing of the matter. Mr. Choi, the applicant, submitted a letter to the Council requesting a rehearing of the appeal which was denied on September 19, 1990. Mayor Logan stated the Council had two choices: they could either vote to place this matter on this evening's agenda, which would require a 4/5 vote of the Council; or they could vote to schedule this matter for the next Council meeting. Councilman Friedman stated he was not prepared to act on this matter tonight and requested Staff to report whether it is appropriate and whether the Town's code allows for a rehearing under these circumstances. He also felt this matter should be fully noticed before reconsideration by the Council. The Town Attorney stated the Council has not taken final action in this matter because a resolution making the appropriate findings necessary to deny this application has not been adopted by the Council. Therefore, it would be appropriate for the Council to move to rehear this item if it so desires before Staff drafts the final resolution for adoption. Councilman Coxhead stated he stood by his decision to grant the appeal based upon the information presented at that time. However, if new information was presented by Staff, he might reconsider his decision. TOWN COUNCIL MINUTES #891 10/3/90 2 Mayor Logan recommended this matter be referred back to the Town Attorney and Planning Staff to report back at the next Council meeting with what options are available to the Council regarding action on this matter. Councilman Thayer expressed his disagreement that due process was not followed and that findings were not made by the Council when they made their decision to grant the appeal. He stated the only error made by the Council was one of procedure to direct the Staff to draft a resolution outlining the findings which are adequately stated in the minutes to support the appeal. Councilman Kuhn disagreed and felt the matter should be reconsidered and that new evidence is available and that much of the evidence submitted at the last hearing was inaccurate; including the fact that many of the signatures objecting to the second story were obtained prior to the applicant submitting drawings. Also, it was not sufficiently noted that one neighbor who was originally opposed to the first drawings, withdrew their opposition when the drawings were modified. Therefore, he felt assurance should be provided to the community and the applicant that all aspects have been considered by providing a rehearing of the matter. Motion: To consider a rehearing at a future date with proper notification to all parties to allow for fair representation. Moved: Kuhn, No second Mayor Logan requested this matter be placed on the next Council meeting agenda for consideration as to whether a rehearing is warranted. He advised Mr. Choi and the Hockleys that new and additional evidence would be necessary in order for the Council to consider a rehearing. COUN1YWlDE EMERGENCY PREPAREDNESS Bob Ross, 16 Reed Ranch Road, noted he is a volunteer with the County Office of Emergency Services and that the Town of Tiburon and the city of Belvedere will be engaging in a county-wide emergency preparedness exercise the third week in October. He expressed concern that there is only one telephone line in the Police Department and that this is inadequate for emergency purposes. He urged the Council direct the Town Manager to install at least two more lines prior to the exercise and to retain them for future emergency needs. Finance Director Stranzl indicated this matter is currently before the Town Manager for consideration. Don Batten, Mercury Avenue, stated the Tiburon Peninsula radio amateurs will be participating in the emergency preparedness exercise and that communication services will be adequate. TOWN COUNCIL MINUTES #891 10/3/90 3 D. CONSENT CALENDAR 1. APPROVAL OF MINUTES #890, September 19, 1990 Councilman Friedman indicated he had voted "no" on Item #6, MMWD Model Water Conservation Ordinance, and requested the minutes be corrected to reflect such. Motion: To adopt Minutes #890 as amended. Moved: Kuhn, Seconded by Friedman Vote: AYES: Friedman, Coxhead, Thayer, Kuhn NOES: None ABSTAINED: Logan E. UNFINISHED BUSINESS 2. MARIN COUNTY HOMELESS WORKING PLAN (Report and Recommendation by Blue Ribbon Homeless Working Group - Vice-Mayor Thayer) Vice-Mayor Thayer, Town Council Homeless Liaison, reported on the findings of the Blue Ribbon Homeless Working Group in their final report. He noted that the group has identified approximately 1,500 to 2,000 homeless people in Marin County and he reviewed the reason for homelessness. He noted that the final report had been received by the Marin County Council of Mayors and Councilmen and they have referred the issue to the eleven Marin County cities for their review and adoption of a resolution that would support the findings of the study, support the MCCMC in their efforts to negotiate an action plan, and that each city council provide local leadership in implementing the Phase II recommendations of the report. The recommendations are as follows: 1) to provide emergency housing; 2) to provide day facilities where people can leave their belongings and have access to washing facilities; 3) to provide methods of transportation so people can get to job interviews; and 4) the establishment of a County-wide Homeless Commission and a Coordinator position. The total estimated cost would be $2.5 million with the Coordinator position and staff support costing approximately $70,000 per year. Belvedere Councilmember Lani Valentine, City of Belvedere Homeless Liaison, stated that at the next MCCMC meeting they will be polling the cities as to their endorsement of the findings and recommendations of the Blue Ribbon Homeless Working Group, and if they receive such endorsement, as well as endorsement from the Marin County Board of Supervisors, Marin Interfaith Council, and TOWN COUNCIL MINUTES #891 10/3/90 4 Marin Community Foundation, then an action plan will be developed in its specifics. She emphasized that the homeless problem is a shared responsibility. In response to Council member Coxhead, Belvedere Councilmember Valentine indicated that the point of decentralizing the shelters into five location sis an attempt to diffuse the problems associated with attracting homeless from outside the County and to make the communities more aware of their homeless. She stated she couldn't promise that such a program won't attract homeless from elsewhere. Mayor Logan expressed concern regarding the mentally ill homeless and what efforts will be made on their behalf; and Belvedere Councilmember Valentine responded that this report did not address the mentally ill homeless, but that the thrust of the report was to address the "immediate and at risk of" being homeless. She stated that there are some facilities available for the mentally ill, but many choose not to seek assistance. Mayor Logan questioned whether and when the cities will be requested to assist in funding the program and Belvedere Councilmember Valentine indicated that when the four appointing bodies approve the program, a formula will be worked out for financing the Coordinator position and the program. Mayor Logan questioned the criteria for selecting the locations of the shelters and Belvedere Councilmember Valentine responded that the selections were based upon need and existing available services. Motion: To adopt a Resolution of the Town Council of the Town of Town of Tiburon Supporting the Blue Ribbon Homeless Working Group Final Report Recommendations. Moved: Thayer, Seconded by Kuhn Vote: AYES: Unanimous 3. MMWD WATER CONSERVATION ORDINANCE (Ordinance, 1st Reading) The Planning Director reviewed the staff report and indicated he had included a provision in the proposed ordinance that would require applications for landscaping for single family residences be approved by MMWD prior to review by the Town. He suggested the proposed ordinance be revised under Section 1 (A) by deleting the last sentence and inserting "All landscaping plans be submitted to MMWD for approval prior to application to the Town for design review approval." Discussion ensued regarding confusion between MMWD and the Planning Director as to MMWD's willingness to review the details of single family applications for landscaping or just commercial development landscape plans. TOWN COUNCIL MINUTES #891 10/3/90 5 Mayor Logan expressed concern as to whether this would create yet another layer of bureaucracy for applicants of single family residences and that the time required by MMWD to provide this service would be extensive. He also questioned whether there should be a provision included in the ordinance that would require applicants of single family homes to limit the types of vegetation used to those included in MMWD's list attached to the ordinance. He felt the burden should be on the landscape architects to provide compliance with MMWD requirements. Bob Badaracco, Manager of Environmental Resources Division of MMWD, stated that this ordinance only requires MMWD to review the amount of lot area covered by turf for single family residences which is currently 25%. He stated water allotment is computed on the average of the area upon which the residence is located and all proposed landscaping must stay within those irrigation allotments. Mr. Badaracco also stated that the list of vegetation provided with the ordinance is for commercial restriction only and that MMWD could not currently restrict water allotment for single family houses based on use of these plants. He also stated he would have to consult with his staff as to whether they could review all single family landscape plans, if the Town so desires, prior to Town review. Mayor Logan opened the public hearing. Hearing no public comment, the Mayor closed the public hearing. Councilmember Friedman applauded the goals of the ordinance, but expressed concern over the restrictiveness of the ordinance and that a provision should be included that states the ordinance would not go into force until 30 to 40% of the other MMWD jurisdictions pass a similar ordinance. Councilmember Coxhead requested information from the Tiburon families who have been testing the low flow toilets as to their satisfaction with the products. He also requested a written statement from MMWD as to their policy regarding water caps. Vice-Mayor Thayer felt it was premature to adopt this ordinance until the negotiations with the other jurisdictions are completed and a final model ordinance is submitted by MMWD. He also felt the burden for compliance should be placed with the landscape architects and not MMWD or Town staff. Councilmember Kuhn concurred with the comments and recommendations of the other Councilmembers and requested these be incorporated into the ordinance and that it be brought back for second reading with the provision that it not be enacted until a certain percentage of the population has also approved such an ordinance. He noted that the Bruce Moody family has tested the low flow toilets and has indicated satisfaction. Mayor Logan supports the efforts of MMWD through this ordinance to limit water usage with the proviso that the water saved will not be used to provide a pool for new hookups. He noted that the interior plumbing requirements will be district policy and our building inspectors will only be expected to ensure they are installed. He proposed Section 1 (A) be TOWN COUNCIL MINUTES #891 10/3/90 6 amended by omitting the last sentence of the first paragraph and adding the following subparagraph: (2) Any landscape plan presented to the Town of Tiburon in conjunction with a new single family residence shall use low water plantings (i.e. plants represented in Exhibit A attached). Mayor Logan also requested Exhibit A be amended by omitting the following species: c. macrocarpa - Monterey Cypress; eucalyptus globulus - Blue Gum; Sequoia sempervirens - Coast Redwood; and Montery Pine; and that none of these species can be planted in the Town of Tiburon without a permit. Also add the additional paragraph: (3) Any landscape plan presented to the Town of Tiburon in conjunction with a new single family residence shall be certified by a licensed landscape architect as complying with Section 1 (A) (1) and (A) (2) above. Section V. Effective Date is to be amended as follows: "This Ordinance shall take effect and be in force thirty (30) days after those cities comprising at least 350/0 of the population of the Marin Municipal Water District have enacted similar ordinances." Motion: To read the Ordinance by title only. Moved: Kuhn, Seconded by Coxhead Vote: AYES: Unanimous Motion: To pass first reading of An Ordinance of the Town Council of the Town of Tiburon adding Chapter 13E A Water Conservation Ordinance to the Tiburon Municipal Code. Moved: Kuhn, Seconded by Coxhead Vote: AYES: Friedman, Coxhead, Thayer, Kuhn, Logan NOES: None Mayor Logan requested MWMD provide a report on the results of the low flow toilet tests by Tiburon families. Councilmember Friedman requested MWMD also report on what limitations for water usage are being placed on newly constructed homes and clarification on the District's enforcement measures. 4. NEW TOWN HALL PROGRAM (Progress Report and Recommendations) Mayor Logan invited public comment not heard at the previous Council meeting. Don Batten, President of the Belveron Homeowners Association, commended the Council on their efforts and urged the Council select an architect from the community. TOWN COUNCIL MINUTES #891 10/3/90 7 Jim Malott, Tiburon Blvd., stated he had no problem with the proposed site, but urged Council not to limit architect selection to those within the community. He recommended a limited or open competition for architectural selection. Louise Teather, 2240 Paradise Drive, stated that only three other incorporated cities in the Bay Area are without City Hall complexes. She urged Council to not pursue other possible sites and to move ahead quickly with plans for the Ned's Way site. Bob Ross, 16 Reed Ranch Road, expressed confusion regarding recent local news articles stating the Town is still discussing the possibility of locating the Town Hall complex at the Point Tiburon commercial area; and he questioned why the Child Care Center would have to be relocated if the site remains at Ned's Way. Mayor Logan responded that the Child Care Center operates under an annual lease from the Town and that site was never intended as a permanent location. They have been advised to look for a new facility. He also stated that the Town has made inquiries regarding the Point Tiburon commercial area as a possible site. Virginia Brunini, Planning Commissioner, stated that she hoped the Council would not totally discard the Point Tiburon site as a possible option; that the input from the previous committee be considered; and that the Town not proceed too rapidly in the architectural selection process. Nat Marans, Spanish Trail, hoped the Town would dispense with its consideration of Point Tiburon because it owes one-fifth of a facilities act bond amounting to $1,200,000; the Town would lose approximately $100,000 in sales taxes a year from the commercial facility; there is still uncovered oil; and it would be costly to remodel the existing structures. He urged the Town not get sidetracked on other possible sites, but pursue the Ned's Way site and move ahead with the proposals. The Mayor closed the matter from public comment. Councilmember Kuhn felt the Council needs to make decisions on how to proceed as to location; relocation of the Thrift store, community garden, Child Care Center; and the selection of an architect process. He suggested that once these decisions are made, that responsibility be appropriately delegated and that the architect selection process be open at a competitive level. In response to Coxhead, Vice-Mayor Thayer reiterated that he proposes requests be sent out to the architectural community for proposals for master plans and Phase I development; felt the present site needs to be identified in that regard and then selection made of a proposal; foresees public workshops being held and the financing being considered after these first steps are completed; proposed a deadline by the end of the year. TOWN COUNCIL MINUTES #891 10/3/90 8 Councilmember Friedman also expressed his opposition to a design competition and that he would like an architect's proposal back by the end of the year based on the Ned's Way site without totally discarding other site possibilities. Mayor Logan reminded Council that if it designated the Ned's Way site for the Town Hall it would be relinquishing its possible use for badly needed affordable housing; felt the problem of financing must be dealt with first and that a design competition would provide more variety of choice. Motion: To direct the Town Manager to send out preliminary requests for proposals for a master plan and design for the Phase I administration building on the present site within the context of the outline previously presented; and that the preliminary proposals be submitted by the end of the year with final selection by the second quarter of next year. Moved: Thayer, Seconded by Friedman Vote: AYES: Friedman, Thayer NOES: Coxhead, Kuhn, Logan Councilmember Coxhead stated he could not support the motion and felt the Town should move more quickly in the architect selection process. Councilmember Kuhn did not support the motion because he felt the details he previously outlined must first be decided upon, but he supported the proposed Ned's Way location for the site. Motion: That Council go on record designating Ned's Way as the proposed Town Hall site. Moved: Logan, Seconded by Kuhn Vote: Unanimous Motion: To direct Town Staff to prepare a proposal for adoption by the Council at the next regular meeting outlining a timetable for submission of architects' preliminary and final proposals for a Town Hall at the Ned's Way site. Moved: Logan, Seconded by Thayer Vote: Unanimous Council requested the Town Manager prepare his recommendations regarding the financing issue for the next regular meeting. F. PUBLIC HEARINGS 5. APPEAL BOARD OF ADJUSTMENTS AND REVIEW DECISION (A.P. #52-282-08; Applicant & Appellant: Bill Beech, 6 St. Gabrielle Court: Request for Variance to Increase Non-conformity) The Planning Director reviewed the background for the decision to deny the request for a variance by the BAR. He noted that a non-conformity currently exists and cannot be TOWN COUNCIL MINUTES #891 10/3/90 9 increased without a variance. He recommended the council deny the appeal and uphold the decision of the BAR. Mayor Logan opened the public hearing. Michael Barber, representing the applicant and Sharon Campbell Interior Design, noted that the staff and two of the BAR members had initially approved the request for a variance. He stated the enclosure of the deck is necessary for protection from the wind and they are only requesting 54 sq. ft. more than the existing non-conformity. Mr. Barber also noted that the lot size is 17,500 sq. ft.; but to be zoned RO-2, the minimum lot size is 20,000 sq. ft. and that they are being held to the restrictions of the larger lot size. In response to Councilmember Coxhead, Mr. Barber and the applicant, Mr. Beech, indicated they had spoken to all adjacent neighbors and had received no objections to the proposal; stated one neighbor had been concerned about the chimney, but had been satisfied once a mock-up had been placed on the roof indicating his view would not be effected; noted that signatures had not been obtained. Vice-Mayor Thayer felt this matter should be considered by the Marinero Architectural Review Committee and expressed concern regarding the strength of the proposed structure and the possibility of it's creating a glare problem. Mayor Logan closed the public hearing. Martin Perlmutter, Board of Adjustments and Review member, noted that two of the members of the BAR, himself included, felt the variance should be granted based on the facts that the request of an additional 54 sq. ft. is minute; they were not seeking to enlarge the house, but are enclosing an existing deck; there were no objections from the neighbors; and the proposed structure is an elegant design. Councilmember Kuhn noted that a variance can be granted when it is deemed necessary for the reasonable use and enjoyment of the property. He also noted that the two BAR members who viewed the site voted in favor of the proposals, and the other three who did not view the site voted against the request. He urged the appeal be granted since none of the neighbors would be impacted. Councilmember Coxhead stated he had visited the site and suggested this matter be remanded back to the BAR to allow the other three members to visit the site. He again expressed concern as to whether the property owner at 91 Sugarloaf had been contacted. Councilmember Friedman stated he could not make the findings for a variance to increase the non-conformity from the current 5% to 7% coverage and he did not agree that the applicant would be denied reasonable use and enjoyment of his property if it was denied. TOWN COUNCIL MINUTES #891 10/3/90 10 Motion: To grant the appeal of the decision of the Board of Adjustments and Review to deny the request for a variance. Moved: Kuhn, Seconded by Logan Vote: AYES: Kuhn, Logan NOES: Friedman, Thayer ABSTAINED: Coxhead Motion: To remand this matter to the Board of Adjustments and Review for further review and that official findings be made as to visual obstructions. Move: Thayer, no second Council member Coxhead requested further proof be obtained that no visual obstruction exists for the resident at 91 Sugarloaf and BAR member Perlmutter responded that all property owners surrounding the site had been noticed. Motion: To grant the appeal for a variance to allow reasonable use and enjoyment of the property. Moved: Kuhn, Seconded by Coxhead Vote: AYES: Coxhead, Thayer, Kuhn, Logan NOES: Friedman Councilmember Coxhead requested staff prepare a resolution reflecting the findings for granting the variance for passage at the next regular Town Council meeting of October 17, 1990. 6. APPEAL BOARD OF ADJUSTMENTS & REVIEW DECISION (A.P. #59-141-08; Applicant: Mr. Jordan, 2228 Vistazo East; Appellant: Betty McKegney and Christine Miller; Approval of New Residence) The Planning Director reviewed the staff report and recommended that Council uphold the appeal and remand the proposal back to the Board of Adjustments and Review for further review to allow the neighbors adequate time to address their concerns. This recommendation is based upon the fact that the hearing had been originally noticed for September 20th and then, at the request of the applicant, had been renoticed for September 6th, at which time the BAR approved the new residence at 2228 Vistazo East. The neighbors appealed the decision on the grounds that they had anticipated addressing the issue at the originally noticed meeting of September 20th. Hank Bruce, architect for the applicant, stated he had requested the hearing be moved up to the September 6 date because of the length of time involved from the date of application to the hearing date. The request to move up the hearing date had been approved and the applicant paid the $50 noticing fee expecting notices to be sent out to the adjacent property owners. Instead, the only notice was in the newspaper; therefore, the appellants had no opportunity to voice their concerns. He supports the recommendation that the BAR hear the matter again at their next regular meeting. TOWN COUNCIL MINUTES #891 10/3/90 11 \ Motion: To uphold the appeal and remand the proposal back to the Board of Adjustments and Review for further consideration. Moved: Coxhead, Seconded by Kuhn Councilmember Coxhead requested the appellants be refunded their appeal fee and that the applicant be refunded his $50 noticing fee. Coucilmember Friedman questioned whether there would be sufficient time for preparation by the appellants at the next meeting of the BAR. Amended Motion: To remand the proposal back to the Board of Adjustments and Review for further review at the bar October 18 meeting. Moved: Logan, Seconded by Kuhn Vote: AYES: Unanimous 7. ZONING ORDINANCE (Review of Zoning Ordinance Revisions as Recommended by Planning Commission - Ordinance, 1st Reading) Marilyn Siewert, Planning Commissioner, reported that the Commission held 10 public hearings over the summer regarding this matter and received extensive public input which has been incorporated into the current proposal. She commended staff for their hard work and reviewed the relevant issues as outlined in the staff report. She reported that the Zoning Ordinance Committee had recommended very restrictive design review requirements and the Commission had disagreed and wanted much less restrictive requirements to not stifle creativity. Discussion ensued regarding F ARs and their value in giving bulk guidelines to applicants prior to design review. Councilmember Kuhn stated he felt the Park and Open Space Commission should be addressed in the Zoning Ordinance since open space is incorporated in the Ordinance as a zone. Mayor Logan questioned staff whether an index would be incorporated in the Ordinance to facilitate finding information. Mayor Logan opened the public hearing. Warren Callister, Planning Commissioner, presented a booklet "Architecture California" and noted he had voted against approving the proposed ordinance because some issues need further consideration. He agreed that a Town Architect was not necessary, but that some sort of professional review was necessary. He stated a group of architects would like to make a presentation at the Council's October 17th meeting in this regard. He also suggested incorporating a system of incentives for design. TOWN COUNCIL MINUTES #891 10/3/90 12 Vice-Mayor Thayer expressed opposition to allowing further input by the architects when it should have been done during the Commission hearings and that it places an unfair burden on the Council. Jim Malott, architect and resident of Tiburon Blvd., responded by stating that the architects' input had been continually voted down by the Commission and that the same problems exist in the proposed ordinance as were in the previous ordinance. He also stated the proposed FAR provisions would open the Town to litigation; the architects were not aware the Ordinance would be before the Council for adoption this evening, but merely for receipt by the Council; and that no design guidelines should be included in the Ordinance, but should only be advisory. Virginia Brunini, Planning Commissioner, expressed dismay that the architects want to continue to revise the Ordinance and she felt the issues had been adequately addressed. She urged Council pass the Ordinance. Mayor Logan closed the public hearing. Mayor Logan suggested a special meeting be scheduled for October 16th to further discuss this issue and to receive the comments of the architects. Motion: To continue the public hearing to Tuesday, October 16, 1990, at 7:00 p.m. Moved: Logan, Seconded by Kuhn Vote: AYES: Unanimous Councilmember Coxhead also requested the architects submit their input regarding Town Hall that evening and the Town Clerk was directed to notify the Town Hall Committee that this matter will be discussed at that time. G. NEW BUSINESS 8. MUNICIPAL CODE (Adopt 1990 Codified Revision of Town's Ordinance, 1st Reading) Municipal Code, Motion: To read the Ordinance by title only. Moved: Kuhn, Seconded by Thayer Vote: AYES: Unanimous Motion: To pass first reading of AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING THE 1968 MUNICIPAL CODE AS REVISED AND REPUBLISHED IN 1990. Moved: Kuhn, Seconded by Friedman Vote: AYES: Friedman, Coxhead, Thayer, Kuhn, Logan NOES: None TOWN COUNCIL MINUTES #891 10/3/90 13 H. COUNCIL, COMMISSION OR COMMITTEE REPORTS None I. COMMUNICATIONS (1) The Finance Director noted that the Greenwood Beach Road/Blackie's Pasture closure matter will have to be addressed soon by the Council. (2) The Finance Director stated the Council will need to address the Solid Waste Diversion Goals (AB939) and associated costs. He will be attending a meeting on this subject and will report back to the Council. (3) The Finance Director stated that the County has estimated the costs on developing the traffic mitigation plan which will be brought to the Council's attention soon. (4) Councilmember Kuhn submitted a memorandum dated October 3 regarding Land Management and Financial reporting and it was determined this matter should be agendized for the Council's first meeting in November. J. STAFF AND TOWN MANAGER REPORTS None K. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Logan adjourned the meeting to October 16, 1990, 7:00 p.m., at 11:20 p.m. // ) / \ ~ / Jc' CL )::,._> -;i,I-....''- PETER B. L<>9AN, MAYOR Town of Tiburon ATTEST: CLERK TOWN COUNCIL MINUTES #891 10/3/90 14