HomeMy WebLinkAboutTC Min 1992-03-03
TOWN COUNCIL
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MINUTES
CALL TO ORDER
Mayor Thayer called the regular meeting of the Town Council of the Town of Tiburon
to order at 7:35 p.m., Tuesday, March 3, 1992, in Room 5, Del Mar School, Tiburon,
California.
A. ROLL CALL
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PRESENT: COUNCILMEMBERS:
Friedman, Coxhead, Kuhn, Logan (arrived at
8:30 p.m.), Thayer
ABSENT: COUNCILMEMBERS:
None
EX OFFICIO:
Town Manager Kleinert, Town Attorney
Ewing, Town Engineer Bala, Supt. of Public
Works Iacopi, Planning Director Lohman,
Senior Planner Anderson, Finance Director
Stranzl, Police Chief Herley, Minute Clerk
Kearney.
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B. PUBLIC OUESTIONS AND COMMENTS
(1) Mayor Thayer noted that Item 4, TOWN MANAGER'S SALARY, has been
removed from the Consent Calendar for review by the Town Council Finance
Committee.
(2) Nat Marans, Spanish Trail Road, requested appointment to the New Town
Community Center Standing Committee because of his real estate experience and
knowledge of the Pt. Tiburon Plaza development.
Mayor Thayer requested Mr. Marans meet with Vice-Mayor Kuhn in this regard
and stated a decision will be made at the next regular Town Council meeting.
Co COUNCIL COMMISSION OR COMMITTEE REPORTS
Downtown Feny Facilities & Waterfront Improvements Committee (Vice-Mayor
Kuhn)
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Vice-Mayor Kuhn reported that the Committee has met to consider various
circulation issues on Main Street and along the waterfront, including pedestrian
boat and vehicular traffic. He noted that the pedestrian bridge joining the
Shoreline Park with the Allen Thompson Memorial Walkway has been approved
and funded and will improve pedestrian traffic to the ferry boats. He also stated
that the Red and White Fleet has agreed to the concept of realigning their ferry
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dock to be parallel to the Angel Island Ferry dock to improve circulation within
the harbor and enable additional docks to be built. Lastly, he reported the
Committee will be re-examining a previously prepared report regardi!lg vehicular
circulation in the downtown area. The Committee will be meeting again on April
2nd, after which Vice-Mayor Kuhn will report back to the Council.
New Town Community Center Status Report (Vice-Mayor Kuhn)
Vice-Mayor Kuhn reported that both subcommittees are meeting to provide site
allocation and financial analyses for the various alternative Town Hall sites and
expect to report back to the Town Council by the first week in April.
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Regarding the Pt. Tiburon Plaza, Vice-Mayor Kuhn reported that progress is
being made in establishing contact with the appropriate RTC representatives.
He added that issues relating to ongoing litigation, water supplies and the lagoon
are being considered and he will hopefully be able to report back to the Town
Council at the next regular meeting of March 17, 1992.
Stewart Hopkins, Lagoon View Road, questioned what would be planned for the
Neds Way site if Town Hall was relocated to Pt. Tiburon Plaza; and Vice-Mayor
Kuhn resporid!ld that no plan has been proposed or approved, but the general
consensus has been that the site would be used for low density, below market
housing.
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Mr. Hopkins then questioned the status of the Town's seed money for low cost
housing; and Vice-Mayor Kuhn responded that the Town has approximately
$625,000 in reserve funds which was obtained from developers in-lieu of
providing below market housing within their developments. He added that
Tiburon does not meet the State's requirements for below market housing; the
Town needs to seriously consider its policy of accepting in-lieu fees as opposed
to forcing construction in some instances; and the Town needs to consider the
concept of dispersed below market housing within the community. He noted the
Town's ownership off our lots in the Highlands development earmarked for below
market housing and stated that strong community support is needed to achieve
this goal.
Mayor Thayer added that several members of the Council still prefer the Neds
Way site for Town Hall, but because of the strong sentiment expressed by the
public at the December meeting to re-examine Pt. Tiburon, the Council feels
obligated to pursue Pt. Tiburon as an option for consideration. However, he
added that the subcommittees are also considering Mar West and Neds Way in
addition to Pt. Tiburon for a complete analysis of the options.
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Fran Mayberry, former Councilmember, requested the Council conduct a
thorough EIR and soils study of the Pt. Tiburon site before making any
commitments. She also urged the Council to appoint Nat Marans to the
Standing Committee.
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Karen Nygren, Planning Commissioner, in response to Vice-Mayor Kuhn's
comments regarding the Highlands lots, stated that the neighbors around the
Highlands development have indicated support at Planning Commissi.on meetings
for providing affordable senior housing on the 3 acres owned by the Town.
Mirella Abbo, Rowley Court, questioned whether the members of the various
committees considering the New Town Hall will be required to sign conflict of
interest statements indicating they will not gain financially from any decisions
made by the Town; and Mayor Thayer responded that was correct.
Elmo Dimartini, resident, volunteered his services to provide assistance in
computing the costs for alter:ations if Pt. Tiburon is chosen for the New Town
Hall site.
D. CONSENT CALENDAR
Councilmember Coxhead requested Item 5 be removed from the Consent Calendar for
further discussion.
Motion:
To adopt the Consent Calendar as amended, consisting of the following
items:..
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1.
2.
APPROVAL OF MINUTES #936, February 18, 1992
PARCEL MAP (A.P. NOS. 34-360-19,20,21; Highlands Lots 23-25;
Applicant: Ghirardo Enterprises - Resolution)
ABANDON UNUSED EASEMENT (Reedlands - Between
Southridge East & Tiburon Blvd. - Resolution)
RICHARDSON BAY REGIONAL AGENCY (Agreement Extension
with City of Sausalito)
1~3.
6.
Moved:
Vote:
Friedman, Seconded by Kuhn
AYES: Unanimous
ABSENT: Logan
5.
POINT TIBURON PLAZA (Approve Consultant's Agreement)
Councilmember Coxhead stated that because he has not met or spoken with George
Wells, the proposed consultant, he will abstain from voting on this issue.
Mayor Thayer stated that although he has not met with Mr. Wells either, it has been
reported to him that Mr. Wells is highly knowledgeable about the physical aspects of
the Pt. Tiburon development; therefore, he would vote to approve the consultant's
agreement as proposed.
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Motion:
Moved:
Vote:
To approve the Consultant Agreement with George Wells as proposed.
Friedman, Seconded by Thayer
AYES: Friedman, Kuhn, Thayer
ABSTAINED: Coxhead
ABSENT: Logan
E. UNFINISHED BUSINESS
7. MAR WEST TRIAL CLOSURE (Consider Purpose, Timeframe &
Scheduling Public Hearing)
The Planning Director recommend:a the Town Council schedule a public hearing to
consider the trial closure of that portion of Mar West Street adjacent to the Tiburon
Peninsula Club for a five month period from May 1 to October 31, 1992, in compliance
with Resolution No. 1182 adopted by the Town Council in 1981. This would require an
initial study required by CEQA and funding of a consultant engineer to provide traffic
counts and short-term impact analysis prior to the trial closure. He noted receipt of
correspondence from the Chief of Police and Fire Marshall expressing concern
regarding the proposed closure primarily due to emergency access limitations. He
reviewed the proposed alterations to the roadway and stated that a breakaway system
would be provided fo.allow emergency access. He added that the information received
from this trial closure can be incorporated into the EIR which the TPC must provide
prior to any decisions regarding their proposed development plan.
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The Town Attorney stated that the State Vehicle Code requires that findings be made
indicating that a street is no longer needed for traffic purposes if it is to be closed either
temporarily or permanently.
Councilmember Friedman questioned how the Town could properly cul-de-sac the street
if a proposed plan indicating such has not been submitted by the TPC; and the
Planning Director responded that by obtaining the results of the trial closure prior to
application, the Town has not only fulfilled its commitment required by Resolution No.
1182, but can incorporate the data received into the EIR for use in reviewing the TPC's
proposal when it is submitted.
Barbara Matthew, Manager of the TPC, stated the trial cul-de-sacing is being requested
as a method of creating a safe situation for the children of the Club to cross back and
forth between the two areas where they have activities. She outlined and discussed the
basis for the proposed locations of the barricades and the access to the Club's parking
lots.
Councilmember Logan arrived at 8:30 p.rn.
Mayor Thayer opened the matter for public discussion.
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Elmo Dimartini, Vista Del Mar Lane, requested other alternatives be considered to
improve safety for the children at the Club, such as constructing a footbridge or trestle
over the road. He added that in view of the problem that occurred during the Oakland
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fire, the Town should not close a road that is a main evacuation route and requested
a thorough study be conducted prior to making a decision.
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Stewart Hopkins, Lagoon View Road, stated the homeowners associations in the vicinity
of the Club have expressed their opposition to the concept of closing Mar West to
through traffic; stated the EIR should address both cul-de-sacing and realignment of
Mar West; stated Mar West is an important access road for emergencies; and stated the
Club could allow the children to play on the upper tennis courts to eliminate the need
to cross Mar West.
Fred Hannahs, Chairman of the Tiburon Fire District Board, stated the Board is
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opposed to the cul-de-sac.
Mayor Thayer referred to the letter from the Fire Marshall dated February 27, 1992,
and stated that the road would always be accessible to emergency vehicles.
Stan Hobbs, Vistazo West, questioned whether the requirement as stated in Resolution
No. 1182 to a trial closure of Mar West has expired:
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Becky Clelland, Planning Commissioner and resident of Mar West, requested Council
clarify whether it is't~e consensus of the Town Council that closure of a portion of Mar
West is the best solution for TPC property; questioned whether all the alternatives have
been considered and what the value of a trial closure is when a plan has not yet been
submitted; stated it is important to obtain preliminary traffic data gathered by a
consultant; stated it should be determined that a pedestrian hazard does indeed exist
and the hazards for the rest of the road should be examined; and stated the traffic
study should be conducted in June when the Club usage is heaviest and should include
the traffic on the remainder of Mar West which will be increased.
Frank Buscher, Fire Chief, stated emergency evacuation access roads are very important
on the Tiburon Peninsula which already has an excessive number of dead end streets;
therefore, he recommended the Town Council not consider closing another roadway in
the community.
Nat Marans, Spanish Trail Road, stated he researched the deed granting Judge Field
to the Southern Marin Recreational Center in 1949 and stated the deed restricts the use
of Judge Field for park and recreational purposes only. Otherwise, title is to revert
back to the heirs. Therefore, he claimed that what is contemplated by the TPC at this
time for Judge Field would not be an acceptable use.
Vice-Mayor Kuhn reminded the Council that the purpose for placing this matter on this
evening's agenda is to determine whether or not to schedule a public hearing regarding
this issue; therefore, discussion regarding the specifics of the plan should not take place
at this time.
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Bob Clelland, Mar West, stated that the TPC should first submit a proposed plan prior
to consideration of closing Mar West.
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Fran Mayberry, former Councilmember, stated it is critical that a traffic study be
conducted prior to consideration of a trial closure of Mar West; questioned whether the
hazard to children is as critical as indicated by the TPC, and if so, other .alternatives
should be considered; and a commitment should be received from TPC that this would
be an alternative to moving Mar West.
Barbara Matthews reviewed the Club's need for expansion and stated the only feasible
location for expansion is on Judge Field which would multiply the trips from one
portion ofthe Club to another, increasing safety concerns. She added that the Club has
not yet had an opportunity to draft a revised plan which reflects cul-de-sacing of Mar
West as an alternative, but they inte!ld to have such prepared for review in conjunction
with the EIR; the purpose of conductrng the trial closure in the beginning of the process
was to assess the impacts on Club members, children, surrounding community,
neighbors, etc.; and they hope to provide an alternative emergency access through the
Club property that would meet all concerned parties' specifications.
Mayor Thayer closed the discussion to the public.
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Councilmember Friedman stated that the Council is morally bound to adhere to
Resolution No. 1182 to allow a trial closure of Mar West; but approval of a trial closure
should not occur Without submittal of a plan; and other alternatives should also be
considered as well. However, he would approve scheduling a public hearing to address
this issue, although he is concerned about permanent closure of the road in light of the
emergency access issues noted by the Fire District and Police.
Councilmember Coxhead agreed that the Town Council has a moral obligation to allow
a trial closure; however, a more specific plan should be submitted prior to consideration
of the trial closure. He suggested the Club conduct a survey regarding what access
routes are used by its membership; and requested the appropriate homeowners
associations and residents be noticed of the impending public hearing.
Councilmember Logan expressed agreement that the Council is bound to a trial closure
of Mar West; but voiced reluctance that this is the best alternative in addressing the
safety concerns. He added that the restrictions noted in the deed are not at issue since
this would be a parks and recreational use.
Vice-Mayor Kuhn agreed that a public hearing to address this issue should be noticed,
but suggested the TPC be directed to provide a specific plan for such.
Mayor Thayer agreed the Town Council is obligated to consider a trial closure;
therefore, he directed that the public hearing be properly noticed; that the TPC submit
a specific plan for such; that a plan for conducting a traffic study be submitted; and
that other alternatives be considered. He further suggested the TPC obtain the
comments and review by its membership regarding its proposal.
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F. PUBLIC HEARINGS
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8.
SIGN ORDINANCE (Complete Revision - Resolution, Ordinance, 1st
Reading)
Irene Borba, Planning Technician, reviewed her efforts in determining the needed
revisions to the proposed Sign Ordinance.
Scott Anderson, Senior Planner, reviewed the revisions proposed, including required
review of all signs by the Board of Adjustments and Review; the removal of regulations
regarding handbills; the allowance, _of two signs per business instead of one with the
possibility of a third if approved bY1he Board; restrictive allowance of neon in small
quantities; replacement of the variance procedure with an exception procedure; and
limited allowance of temporary signs. He noted that the allowable sign calculations of
one sq. ft. of sign per four linear feet of frontage remains unchanged. In compliance
with CEQA requirements, he recommended the Council open the public hearing on
environmental effects and, if appropriate, adopt the Resolution certifying the Negative
Declaration. Afterwhich, he recommended the Council open the public hearing on the
revised sign ordinance and, if appropriate, approve first reading of the ordinance.
There was some discussion regarding the limited allowance of neon signs and how the
neon has evolved into a less evasive, more artistic lighting form for signs.
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Mayor Thayer opened the public hearing on the negative declaration; and hearing none,
he closed the public hearing.
Motion:
To adopt A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON CERTIFYING A NEGATIVE DECLARATION WITH
RESPECT TO AMENDMENTS TO CHAPTER 16A OF THE TIBURON
MUNICIPAL CODE REGULATING SIGNS.
Friedman, Seconded by Coxhead
AYES: Unanimous
Moved:
Vote:
Mayor Thayer opened the public hearing to receive testimony regarding the merits of
the proposed revised sign ordinance.
Karen Nygren, Planning Commissioner, suggested several amendments to ordinance as
follows:
Page 4, 1st paragraph, amend line one to reflect General Plan language to read:
.Neon, when .used creatively and in a non-glaring and unobtrusive, artistic
manner....
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Page 4, 2nd paragraph, include language indicating A.frame signs would be
allowed for special, temporary purposes only.
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Page 4, under (1) SIGN NUMBERS, requested a current count of signs used
before changing to a two sign allowance.
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Page 5, under (5) SIGN ILLUMINATION, add to the last sentence:
. ....or not in keeping with the surrounding environment and they should be
unobtrusive, non-glaring and directed onsite..
Page 6; under REAL ESTATE SIGNS, suggested a maximum of two or three, not
four be allowed and that a trial period be considered. Also, since many open
houses are held on Thursday, as well as Sundays, she suggested restrictions for
sign usage on Thursdays be tiicluded.
Page 7, under Enforcement, she suggested a provision be added that would allow
for recovery of some of the enforcement expenses.
Page 10, under Off-Site Sign definition, she suggested clarification regarding
yard sale signs.
Jerry Horn, owner of Marin Wine and Spirits, spoke in favor ofthe new ordinance and
urged it be adopted;.
Mayor Thayer closed the public hearing.
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Councilmember Logan stated the proposed ordinance is an improvement over the
current ordinance; agreed the language from the General Plan should be reflected as
recommended by Commissioner Nygren; expressed concern about the proliferation of
real estate signs, but the need for directional signs sometimes requires more than two
or three signs and the police would remove any that were deemed hazardous; and stated
he would oppose imposing cost recovery fees for enforcement.
Vice-Mayor Kuhn concurred with Councilmember Logan's comments.
Councilmember Friedman stated he supported the proposed ordinance; however, he
would prefer a provision making use of neon illegal.
Councilmember Coxhead agreed with Councilmember Logan's comments and stated that
some use of neon is appropriate and he would be opposed to imposing recovery fees for
enforcement costs.
Mayor Thayer complimented Staff for their efforts and concurred with Councilmember
Logan's comments.
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Councilmember Friedman requested the following language be added to the first
sentence of the first paragraph on page 4:
....where deemed appropriate, and shall be considered in context with both the
building and its surroundings."
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Staff was directed to amend the proposed ordinance incorporating both Commissioner
Nygren's and Councilmember Friedman's recommendations regarding neon.
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Motion:
Moved:
Vote:
Motion:
Moved:
Vote:
To read the ordinance by title only.
Logan, Seconded by Kuhn
AYES: Unanimous
To pass first reading of an ORDINANCE OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON REPEALING IN ITS ENTIRElY CHAPTER
16A OF THE MUNICIPAL CODE (SIGNS, HANDBILLS, AND
EXTERIOR LIGHTING) AND ADOPTING A NEW CHAPTER 16A OF
THE MUNICIPAL dfDE (SIGNS) as amended.
Logan, Seconded by Friedman
AYES: Friedman, Coxhead, Kuhn, Logan, Thayer
G. NEW BUSINESS
None.
H. COMMUNICATIONS
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9. Ltr. from CAL/TRANS to Marin County Public Works Department, dt'd.
12/16/91 (Construction of Sound Wall Along 101 from Mill Valley to
Corte Madera)
The Town Manager informed the Town Council that the California Department of
Transportation is proposing the construction of a noise barrier along Highway 101 near
East Blithedale Avenue to the Corte Madera City Limit, in front of Horse Hill.
After discussion, the Town Council directed the Town Manager prepare a letter for the
Mayor's signature to CAL/TRANS and the County Public Works Department indicating
the Town's opposition to the proposed noise barrier.
10. Ltr. from Marin County Open Space District General Manager to the
. Open Space District (Countywide Parcel Tax to Purchase Open Space)
The Town Manager reported that the County is placing a parcel tax on the June 1992
ballot to fund the County's Open' Space District's open space acquisition and
agricultural land preservation program. He recommended the Town request Supervisor
Aramburu to move the Tiburon Open Space Acquisition from the County's Priority B
list to the Priority A open space shopping list and pursue obtaining matching funds for
the Town's current open space funds. The Town Council authorized the Town Manager
to pursue this effort. .
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11. Ltr: from Morgan Noble Regarding Pedestrian Footbridge, dt'd 2/7/92
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The Town Manager reviewed the concept proposal from Noble Consultants for the Ed
Zelinsky Footbridge to be constructed at the Tiburon ferry landing.
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I. STAFF AND TOWN MANAGER REPORTS
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A.
The Town Manager noted receipt of a letter from the Tiburon Fire Marshall
requesting a meeting with the Town Council to discuss a fire hazard reduction
plan for the Tiburon Peninsula. The Town Manager was so authorized.
J. CLOSED SESSION
The Town Council adjourned to closed session at 10:40 p.m. to discuss litigation and
property negotiations. .
K. ADJOURNMENT
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There being no further business before the Town Council ofthe Town of Tiburon, Mayor
Thayer adjourned the meeting at 11:00 p.m., sine die.
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RUFUS G. THAYER, MAYOR'
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ATTEST: .
~1M-ki~ .
THERESE M. HENNESS OWN CLERK
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