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HomeMy WebLinkAboutTC Min 2000-02-22 .i r" TOWN COUNCIL MINUTES CALL TO ORDER Acting Mayor Hennessy called the adjourned meeting of the Tiburon Town Council to order at 6:37 p.m. Wednesday, February 22,2000, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: PRESENT: EX OFFICIO: Bach, Hennessy, Matthews Gram, Thompson Town Manager Kleinert, Planning Director Anderson, Superintendent of Public Works Iacopi, Town Clerk Crane Iacopi B. PUBLIC OUESTIONS AND COMMENTS None. C. 1) PUBLIC HEARING 160 SOLANO - Approve Parcel Map for Two-Lot Condominiumization of Property at 160 & 162 Solano Street - AP No. 59-142-12 - Margaret May, Owner & Applicant- (Adopt Resolution) r- Acting Mayor Hennessy said the approval of the parcel map was conditioned upon the Improvement Agreement being signed by the parties. Town Clerk Crane confirmed that the agreement had been signed by the owner, Margaret May, earlier in the day. Planning Director Anderson said there were actually three parts to completing the process--l) signing the Agreement; 2) Approval and recordation of the Parcel Map; and 3) recording the CC&R's for the condominiumization. Anderson said the Parcel Map had been signed by the Town Engineer, subject to two changes. He read the language into the record and said it would be included on a revised map prior to recordation: "5) A declaration of Covenants, Condition and Restrictions establishing a plan of condominium ownership for 160 and 162 Solano Street, a Condominium Project, shaH be recorded for this subdivision, said restrictions providing for the joint maintenance of the Common Area. " "8) The Common Area for this subdivision consists of a one foot strip ofland, as shown on the Parcel Map, the centerline of which is described as foHows: [use existing courses]" -- Town Council Minutes #1185 February 22. 2000 Page 1 r-- Anderson also said the Town Attorney would have to sign the CC&R's. He recommended that Council approve the Parcel Map subject to the previous actions and amendments. Acting Mayor Hennessy opened the public hearing. Brian Lantier, 141 Sugarloaf, said he appreciated the Town Council's compassionate approach to Mrs. May's situation. He said it was not compassionate after Council referred the matter to Staff. Mr. Lantier said that Vice Mayor Thompson's direction was "not to be punitive," but he claimed that the Town Attorney had not followed this spirit and had acted as a "legal czar" in finalizing the Improvement Agreement. He recommended that Council convene an executive session to discuss her behavior. Acting Mayor Hennessy said the Council had given instructions to correct all safety-related issues and that she concurred with the Town Attorney after speaking with her earlier in the day. ,'""' Mr. Lantier said that the Town Attorney had been "over the top" since the get-go and that the information that Council received had a "spin" on it. He said Ms. Danforth had told Mrs. May's attorney, Paul Schrier, that she had reviewed the tape of the February 16 Council meeting. Mr. Lantier contended that this could not be so, and further stated that neither he nor Mr. Schrier had heard any reference to installing fire sprinklers at that meeting, nor had they understood that the applicant had to rip out the attic. Acting Mayor Hennessy surmised that fire sprinklers were a requirement of the Fire Department rather than the Town. Acting Mayor Hennessy closed the public hearing. Councilmember Bach said he was confused by the discussion. He said his recollection was that the Council talked about [correcting] safety and life-threatening issues and was trying to give some concessions [to Mrs. May]. He said he was uncomfortable with the information presented. Councilmember Matthews said he was hearing for the first time that there was a problem between the attorneys. He said the Council did not discuss fire sprinklers on February 16, however, Matthews said the Council was giving "a lot ofIegal room to a lot of issues." Matthews said the Council's sentiment for the parties "to work it out" had apparently not happened. Mrs. May said that the sprinklers had been removed from the Improvement Agreement one-half hour prior to signing. ,,"", Acting Mayor Hennessy asked Mrs. May whether she felt she had signed the Agreement under duress. Town Council Minutes #1185 February 22, 2000 Page 2 ~ Mrs. May replied that there had been duress earlier in the day but that she had not signed under duress. Acting Mayor Hennessy asked Council to return to the item at hand. MOTION: To Adopt a Resolution of the Town Council of the Town of Tiburon Approving a Parcel Map for Condominiumization of Property at 160 and 162 Solano Street (AP # 59-142-12) with the changes noted in the Staff Report. Matthews, Seconded by Bach AYES: Unanimous ABSENT: Gram, Thompson Moved: Vote: D. ADJOURNMENT There being no further business before the Town Council of the Town ofTiburon, Acting Mayor Hennessy adjourned the meeting at 6:55 p.m., sine die. !'""' ATTEST~: I J '~ /AZj~ ~ vi DIANE CRANE IACOPI, ,zWN CLERK ,- Town Council Minutes #1185 Febrnary 22, 2000 Page 3