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TOWN COUNCIL
MINUTES
CALL TO ORDER
Vice Mayor Ginalski called the regular meeting of the Town Council of the Town of Tiburon to
order at 7:37 P.M., Wednesday, July 5, 1995 in Council Chambers, 1101 Tiburon Boulevard,
Tiburon, California.
A. ROLL CALL
PRESENT: COUNCILMEMBERS:
Ginalski, Nygren, Wolf, Thayer
ABSENT: COUNCILMEMBERS:
Thompson
EX OFFICIO:
Town Manager Kleinert, Town Attorney Ewing,
Finance Director Stranzl, Police ChiefHerley, Public
Works Superintendent Iacopi, Planning Director
Crane, Planning Director Anderson (8:00 P.M.)
B. PUBLIC QUESTIONS AND COMMENTS
~ Bob Ortalda, 14 Paseo Mirasol, questioned whether the drainage, grading and
~ improvement maps of the Vista Tiburon Development were in violation of Town Ordinances 363
'and 357 N.S. He felt that any changes or amendments to the ordinances should be approved by
the Town Council with public hearings. He also expressed concern about the protection of the
eucalyptus trees and large oaks.
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Jeanne Ortalda, 14 Paseo Mirasol, said the drainage ditch on the Eastern side of the
development was in violation of the Mitigation Monitoring Plan, and that some of the oaks had
been damaged beyond repair.
Amanda Jane Reynolds, 18 Paseo Mirasol, said that the houses on Lots 1 & 2 in Vista
Tiburon were to be transitional in terms of size to match the neighborhood, and that the size of
houses behind her house did not appear to conform to the ordinance.
Peter Brooks, 54 Claire Way, said that no protective measures had been taken to protect
the trees from the trenching.
Karen Nygren, 22 Paseo Mirasol, (speaking as a resident and not a Councilmember), said
she had been involved in the planning process for Vista Tiburon and was concerned about the
trees. She said that several oaks had been cut which impacted her home's privacy protection.
She thought there should be a meeting to find out what the Town was going to do about the
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situation, and wondered whether fines should be imposed if there was a violation of the Tree
ordinance.
Hearing returned to Council.
CounciImember Thayer asked for a Staff report at the next meeting to address the above
concerns, and to determine appropriate solutions and whether sanctions are applicable.
Councilmember Ginalski asked Town Staff to determine if a "stop work" notice was appropriate
if there was a substantive violation of the Ordinance.
On another topic, Town Manger Kleinert asked Council whether to set an interview schedule at
the next meeting for openings on the Planning, Parks and Open Space Commission, and Design
Review Board. Council agreed to meet at 6:45 P.M. on July 19 to interview five interested
applicants.
C. COUNCIL. COMMISSION OR COMMITTEE REPORTS
Councilmember Thayer reported attending the last official Fire Consolidation Meeting. It was
determined that there was no interest left to pursue consolidation, but the group concluded that a
lot was learned about the concerns, problems, and mutual interests of the participating
communities. Thayer reported that the Sausalito City Manager would write a mission statement
and set future meetings on a quarterly or semi-annual basis for interested parties.
Vice Mayor Ginalski thanked Councilmember Thayer for his participation and representation of
the Town.
D. CONSENT CALENDAR
MOTION:
Moved:
Vote:
To approve the Consent Calendar, except June 21 Minutes.
Nygren, Seconded by Thayer
AYES: Unanimous
NOES: None
E. UNFINISHED BUSINESS
4. Headwaters Forest Logging Resolution - Stop Logging/Preserve as Public Open Space.
Councilmember Thayer stated it was important to take a stand in light of the fact that many
environmental protections passed over the past 20 years were being undone in the current
Congress.
Councilmember Nygren concurred with Thayer and said it was important to do even little things
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to protect our community and our State.
Councilmember Wolf said she thought it important for people to contribute to organizations
supporting such actions, but that the Council should draw the line and restrict itself to the Town's
business.
MOTION:
To adopt a Resolution Calling Upon the Governor to Immediately Withdraw any
Plans to Log the Ancient Headwaters Forest in Humboldt County, and to
Encourage All Efforts to Obtain Public Ownership of the Ancient Redwood
Groves.
Moved:
Thayer, Seconded by Nygren
AYES: Ginalski, Nygren, Thayer
NOES: None
ABSTAIN: Wolf
5. New Town Center Committees. Town Attorney Ewing said he had meet with Jim Wilson and
talked to Larry Smith, and that both Committee Chairs had come up with names to expand the
Committees to seven members.
Town Manager Kleinert said that the Building Committee was moving ahead to interview
architects and would submit a short list to Council. He reported that Jim Levorsen was now
library liaison to that Committee and that both he and Jim were both ex officio. He noted that
..... Colleen Mahoney had expressed interest in serving, and that he had directed the Planning
Department to begin the appropriate environmental studies.
Councilmember Thayer said he thought the Committees should provide Council with periodic
reports, perhaps every two or three sessions, but he would leave that up to the Chairs.
Council asked about public notice of the Committee meetings. Town Attorney Ewing said that
regular meetings were subject to 72-hour notice under the Brown Act and special meetings were
subject to 24-hour notice. Town Manager Kleinert said that Town staff would forward agendas
to The Ark and Independent Journal, and to interested parties.
Vice Mayor Ginalski opened the public hearing.
Jim Wilson, Chair of the Building Committee, asked to rename the committee to "Building
Advisory Committee." He recommended adding Mogens Bach, Nick ForeIl and Tony Guzzardo
to the Committee. He said they planned to interview architects on July 28, and would bring the
names of the top three firms to Council for approval to negotiate a contract. The firms had been
selected from two previous Town Hall lists. He also suggested that Eric Glass continue on in his
capacity as architect for the Police Building.
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Councilmember Nygren asked about the Kitchell firm. Wilson said their specialty was
construction management and he recommended against using them during the design phase
because the Council and Committee would lose control of that part of the process.
Councilmember Ginalski asked whether Wilson had talked to Larry Leveen. Wilson said he
would do so.
Councilmember Thayer suggested that a landscape architect be consulted to address how the
Flood Plain [on the site] could be included in the overall landscape plan. Wilson said he had
appointed Hal Edelstein to chair a subcommittee to study this topic and to prepare a Master Plan
for both buildings.
In response to a question from Council member Nygren about the Railroad Marsh, Wilson said
Stan Bala had given him a map of the Flood Plain, and that he was aware of the problems.
Vice Mayor Ginalski opened the public hearing.
Nat Marans, 2312 Spanish Trail, asked about the zoning at the Ned's Way site and said he had a
potential buyer for the property. He reiterated his interest in serving on the Senior Housing
Advisory Committee.
Virginia Brunini, 267 Karen Way, former Planning Commission member, asked Council to keep
the integrity of the process and refrain from appointing people to the Committees who were
strongly for or against the June 6 ballot initiatives. She said if Council did appoint such
individuals, she would be interested in serving on the Senior Housing Committee.
Richard Hinkel, 2 Malvino Court, recommended expanding the committees and said it was
appropriate to appoint him because he was Chair ofTiburon's Housing Committee.
Hearing returned to Council.
Town Attorney Ewing clarified that the Government Code did not require the Town to open the
bids for architects to the public.
MOTION:
To Adopt Jim Wilson's Recommendations and Appointments to the Building
Advisory Committee.
Moved:
Vote:
Thayer, Seconded by Wolf
AYES: Unanimous
NOES: None
Discussion turned to the Senior Housing Committee. Vice Mayor Ginalski said that people with
pitched political views should not be excluded from serving on the Committee.
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Councilmember Wolf reminded Council that they had voted to give the Chairs flexibility and was
prepared to accept the Committee members recommended by Smith.
Councilmember Thayer said he had talked to Smith and was assured that there will be plenty of
opportunity for input from citizens not on the committees.
MOTION:
To Approve the Appointment of Jerry Riessen to the Senior Housing Advisory
Committee and to postpone to next Council meeting a discussion of other
appointments.
Moved:
Vote:
Wolf, Seconded by Thayer
AYES: Unanimous
NOES: None
F. PUBLIC HEARING
6. Fraige Subdivision Precise Plan Amendment - Resolution. Planning Director Anderson gave
the Staff Report on the request to further modify the Precise Plan Amendment and specifically,
the house size, height restrictions and building envelope in the three-unit development. He said
that the Planning Commission had heard the request for the further modification of the Plan and
had approved the building envelope adjustment and height modifications, but had denied the
increase in house size. Anderson recommended accepted the Planning Commission's
recommendations and approval of the Resolution.
... During Public Hearing, Developer Tom Monahan said he was not trying to expand the scope of
the project, but understood at the time of purchase that the 3600 square foot limitation did not
include garages. He said the floor area ratios of other homes in the area averaged 25% and he
was asking for 12%. He also said he was willing to compromise on the 4500 square foot increase
requested.
MOTION:
To Adopt the Resolution as Presented.
Moved:
Vote:
Thayer, Seconded by Nygren
AYES: Unanimous
NOES: None
H. COMMUNICATIONS
8. Letter from Peter Brooks. Council heard Peter Brooks suggestion to chair an ad hoc
committee to determine trees of historical importance in Tiburon, which would afford further
protection to trees above and beyond the "heritage tree" designation. Council directed Peter to
move forward and return to Council with a list of dedicated trees. Council suggested that he seek
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the cooperation and input of the Heritage & Arts, Parks and Open Space Commission, and
possibly the Landmarks Society, on this project.
G. NEW BUSINESS
7. FY95-96 Town Budget - a) Salary Adjustments for Non-Represented Employees (Resolution).
Finance Director Stranzl said that the Finance Committee would discuss bonuses and an incentive
program which would not be effective for one year, but that the Committee had approved a cost
of living (3%) increase for non-represented employees effective July 1, 1995, and a 1-1/2%
increase retroactive to January 1, 1995.
MOTION:
To Adopt Staff Recommendations and Resolution.
Moved:
Vote:
Nygren, Seconded by Wolf
AYES: Unanimous
NOES: None
b) Fund Transfers. Council and Town Manager Kleinert discussed the proposed fund transfers
and unaIlocated reserves. Councilmember Wolf said that the employee leave liability should be
fully funded, and that the capital equipment budget needed more funding to cover the proposed
expenditures. Finance Committee agreed to meet and further discuss. Item continued to next
meeting.
I. STAFF & TOWN MANAGER REPORTS
Council agreed to Hal Schmidt proposal to add four additional microphones plus mixer in Council
Chambers for $500.00.
D. CONSENT CALENDAR
Council asked that June 21, 1995 Minutes (#1057) be changed to reflect further comments by
Councilmember Nygren on p. 2, pertaining to non-residents serving on Town Hall Committees;
clarify the Motion regarding Town Hall Committees on p. 3, to include possibility of expanding to
seven participants upon recommendation of Council and Chairs; and to correct who moved to
adopt and second motions on p. 5.
MOTION:
To Adopt June 21,1995 Minutes, as Amended.
Moved:
Vote:
Nygren, Seconded by Thayer
AYES: Unanimous
NOES: None
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J. ADJOURNMENT
Town Attorney Ewing asked that State of California v. Zelinsky litigation be added to Closed
Session.
MOTION:
To add State of California v. Zelinsky to Closed Session Agenda.
Moved:
Vote:
Wolf, Seconded by Thayer
AYES: Unanimous
NOES: None
Council adjourned to Closed Session at 10:28 P.M.
There being no further business before the Town Council of the Town ofTiburon, Vice Mayor
Ginalski adjourned the meeting at 10:50 P.M., sine die.
DIANE L. CRANE, TOWN CLERK
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