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INVESTMENT SUMMARY REPORT (September 1992) 4. SUPPORT MAINTAINING TRADITIONAL FOGHORNS IN SAN FRANCISCO BAY - Resolution Moved: Vote: Friedman, Seconded by Thompson AYES: Unanimous 2. RECONSIDER APPROVAL OF MINUTES #955, October 7, 1992 (Requested by A. Burnham) Councilmember Thayer requested the meeting tape recordings be reviewed to assure the additions Mr. Burnham is requesting to be added to the minutes are accurate. I The Town Attorney responded that he has spoken to Mr. Burnham and informt:d him' that the two additions are part of the record since they are included on the recordings; the minutes are meant to be a summary; and his written request which includes the amendments is also part of the record. Therefore, he recommended the minutes not be reopened and stated Mr. Burnham has agreed that this is acceptable. The Town Council agreed that it was not necessary to amend the minutes. E. UNFINISHED BUSINESS 5. MAR WEST IMPROVEMENTS (Town Engineer's Report and Recommendation_~Y The Town Engineer reviewed his proposed improvement options for the portion of Mar West between Tiburo.n Boulevard and Judge Field, and recommended a 22 foot wide vehicular traffic pavement, a paved 6 foot walkway, and a right turn lane onto Tiburon Blvd. Mayor Kuhn reminded the Council that these plans are conceptual only and further discussions will be held with the Library Committee and their architects before consideration of a precise plan. I ".... Councilmember Nygren questioned whether library parking could be provided in this area; and the Town Engineer stated the library should provide parking on their own lot, TOWN COUNCIL MINUTES #962 12/2/92 2 and if it is necessary to provide additional parking, he would recommended another area for parking along the south side of Mar West. " The Town Engineer indicated the cost would be approximately $50,000; and Mayor Kuhn stated that there is $100,000 available in the flood plain fund for this purpose. Richard Hill, POSC Commissioner, stated that if the flood plain funds are not restricted, he would recommended these funds be used for the New Town Hall 'or Bfackie's Pasture. Arlene Nielson, Mark Terrace, urged the Town Council proceed with improvements at Mar West because of safety concerns. Nancy Freed, Chairman of the Youth Committee, stated that they have been endeavoring to create more children's programs at the TPC which have resulted in a safety issue on Mar West. She urged the Council proceed with improving the road. Becky Clelland, Planning Commission Vice-Chair and resident of Mar West, noted her letter of October 27th expressing concerns about Mar West improvements; disputed the Town Engineer's contention that the roadway is not wide enough to provide parking along the sides; and expressed concern about the proposed removal of blackberry bushes and its effect on the marsh. I "... Jim Leverson, member of the Library Committee, reported that public meetings to discuss the Library are planned for January; and stated this is an opportunity for the Town to provide leadership and coordination in the planning of this area. Richard Kalish, former Mayor of Belvedere, spoke in support for improving Mar West and providing safe access for children to the TPc. Barbara Mathews, Manager of the TPC, stated over 4,000 trips are made monthly by children and encouraged the Town Council to provide a safe access on Mar West. Upon questioning by Vice-Mayor Friedman, Ms. Mathews stated that the Town Engineer's proposal would not conflict with the TPC's improvement plans. Upon questioning by Councilmember Nygren, the Town Attorney responded that it would be appropriate to use flood plain fund interest for this purpose, and stated that perhaps some of the work for t&'e 6' path could come out of the principal, but the street work would not. Councilmember Thayer questioned why this project should be coordinated and related to the Library planning when most of the discussions have been about providing safe passage to the TPC; and stated that all issues relating to the TPC, Library and Town should be coordinated as one package. Further, he stated that if there is such concern about safety, the TPC should provide protection. I /'"' Councilmember Nygren expressed concern regarding miscommunication to the public and the COl1ncil regarding this issue; stated this project has been presented as an improvement for access to the Library and the TPC when a plan has not yet been TOWN COUNCIL MINUTES #962 12/2/92 3 ~ received; stated it is still unknown whether the Library bond measure will pass; stated this project is premature and stated the Town Council never gave instruction to proceed this far; suggested this project be set aside until it is known whether the Library will be built and when the TPC has submitted a plan. Vice-Mayor Friedman recommended the Town Engineer be directed to continue working with and monitoring the plans of the TPC and Library to achieve a coordinated plan; and that the Police Department be directed to give Mar West a high priority' for enforcement. The Town Council concurred and requested the Town Engineer notify the Council if his time is required over and above his regular retainer. 6. LAST CHANCE COMMITTEE TO SAVE OLD ST. HILARY'S OPEN SPACE (Adopt Resolution Relating to the South Tiburon Ridge Open Space Study - Resolution) The Town Attorney stated that the proposed Resolution provides that whenever any project within the Old St. Hilary's Open Space study area comes in for an application, that the South Tiburon Ridge Open Space study be reviewed as an altt::rnative in the EIR process. I The Acting Planning Director further stated that this Resolution informs all EIR consultants the Town hires that the Town Council has directed that this open space study be considered as an alternative approach when assessing applications. Councilmember Friedman questioned whether the property owners in this study area, were notified of this resolution and suggested this matter be considered in a public hearing. Councilmember Nygren concurred. The Acting Planning Director responded that Harroman, Agins and the Martha Company are all aware of this resolution. Nancy Knoble, Co-Chairman of the Last Chance Committee, stated this resolution is an important step in preserving as much of the open space as possible in this area; stated the Committee believes the entire area needs to be considered as a single entity and the study provides an integrated vie-w of what should be done with these properties. She urged the Town Council adopt the proposed resolution. After discussion, the Town Council agreed to amend the proposed resolution as follows: Paragraph #9, change to read "...wherever useable, be deemed open space for public use, and..." I Motion: Moved: Vote: To adopt the proposed resolution as amended. Thompson, Seconded by Friedman AYES: Unanimous ,r-.. TOWN COUNCIL MINUTES #962 12/2/92 4 , "" Motion: Moved: Vote: 7. DONAHUE BUILDING A. Accept Consultants "Existing Conditions Survey" To accept the Architect's Report titled "Existing Conditions Survey". Friedman, Seconded by Thompson AYES: Unanimous B. Consider Landmarks Society Proposal Mayor Kuhn reported that the Landmarks Society is requesting exploration of the future ownership and management of the Donahue Building. . Joan Bergsund, of the Belvedere-Tiburon Landmarks Society, reviewed the intent of the Society to form a partnershipwitb the Town for the management of the building. She stated the Society would like to begin designing the museum interior and fund raising for that purpose, but must first have a strong commitment from the Council regarding their right to tenancy of the building. Discussion ensued regarding the geotechnical report and what action should be taken if unstable soils and needed repairs are found. Motion: I Moved: Vote: To accept POSC recommendations Nos. 1,2, and 3 to authorize the Public Works Department to strap and properly vent the existing water heater; to replace the missing vertical post in the Joint Recreation Department Office; and to authorize Staff to order a termite inspection, and authoriie the treatment of any existing infestation; pending Public Works recommendations. Thompson, Seconded by Friedman AYES: Unanimous After discussion regarding the Society's reluctance to enter into a lease agreement until the stability of the soil is known, the Town's liability for repair of the building, and the need for the POSC to address the Landmarks Society's memorandum of November 23, 1992, it was agreed to refer the memorandum from the Landmarks Society to the POSC for their review and recommendations regarding the geotechnical study and their consideration of a lease arrang~inent. 8. NEW TOWN CENTER A. Conceptual Meetings Update (Mayor Kuhn) Mayor Kuhn reported that the New Town Hall Committee is in the process of completing the conceptual circulation plan; meetings have been held with the Reed Union School District, Hilarita Tenants Association, and the Thrift Shop; and meetings have been scheduled with the Community Garden representatives, Child Care Center, and the Tiburon Ecumenical Association. When these meetings are completed, Hal Edelstein, Project Manager, will prepare a preliminary master plan to be considered at I r' TOWN COUNCIL MINUTES #962 12/2/92 5 . the Town Council January 6th regular meeting along with the completed Architect's contract. " B. Roland Miller Contract Status (Mayor Kuhn) Mayor Kuhn reported that the design approval process will begin after the January 6th Council meeting. 9. GREENWOOD BEACH ROAD DRAINAGE (Town Engineer's Report and Recommendations) The Town Engineer reviewed his report and concluded that from a technical engineering point of view, it is his conclusion that no drainage problem exists. Bruce Abbott, 458 Greenwood Beach Road, disputed the Town Engineer's contention that no drainage problem exists, and stated the laws do not allow for the Town to dump water on the lower property owners. The Town Engineer responded that the ponding area was established before Mr. Abbott's home was built; Mr. Abbott filled the ponding area with lawn and put gravel into the drainage ditch; therefore, when water drains in from the State highway it drains into the lawn; he recommended removing the gravel from the ditch which will allow the water to flow into the Bay; and stated it is a private ownership problem. I r Mr. Abbott, responded that this ditch was created on his land and does not belong to the Town; he has a right to install a lawn on his property; he has a right to not have the Town use his property to drain water; and he requested the Town remove the drainage ditch from his property. Simon Snellgrove, 442 Greenwood Beach Road, presented an independent survey map indicating the locations of various drainage culverts; stated that the Abbott's home floods because of its elevation in relation to the "meadow" area which blocks drainage into the Bay; recommended a culvert be installed to run through the meadow to the Bay; complained about the open ditch carrying polluted water through their properties; and stated responsibility needs to be determined. The Town Engineer respondeg'that much of the ponding is caused from high tides; possible solutions could include opening the mouth to the Bay with a dozer to eliminate stagnant water; and another solution would be to fill up the slough. I Rick Cupples, 444 Greenwood Beach Road, stated that the Town Engineer's letter of November 23, 1992, indicates that the drainage off Tiburon Blvd. is not intercepted and the ponding on their properties is from off the hillside behind them and from what runs down Greenwood Beach Road and through the culvert; therefore, this removes CAL/TRANS from responsibility. The Town Engineer responded that the runoff from Tiburon Blvd. travels to the entrance of Blackie's Pasture and then travels across the property of Mr. Abbott to the slough. " TOWN COUNCIL MINUTES #962 12/2/92 6 " Florence Holcomb, 448 Greenwood Beach Road, stated the meadow is an illegal garbage fill; stated they have lived on Greenwood Beach Road since 1952; stated that the natural siltation which has occurred between the seawall and the meadow area is causing the drainage problem. There was discussion regarding the determination of responsibility and resolving the historical issues of existing easements, property lines and boundaries, etc. The Town Attorney was directed to explore these issues and report back to the Town Council, and to keep the POSC and Greenwood Beach Road homeowners apprised. 10. GOVERNMENT RESTRUCTURING. SESSION IX A. Status of Citizen's Financial and Operations Review Committee . Councilmember Thayer Discussion regarding this issue was postponed to the January 6, 1993, regular Town Council meeting. Councilmember Thayer announced that the next meeting of the Citizen's Financial and Operations Review Committee is scheduled for December 3, 1992, in the Police Training Room. B. Police Dispatching Services Consolidation (Progress Report and Authorization to Proceed with Full Consolidation) I Police Chief Herley reported that the results of the consolidation trial period have been favorable and he recommended the Town Council endorse these findings and the Tiburon Police Department's participation in the Southern Marin Communications Consolidated PSAP under the provisions of a joint powers agreement, after which a start up cost of $20,000 will be required and a joint powers agreement will be brought before the Council for approval. Captain Lewis reviewed a chart comparing costs for participating in various dispatching options, noting that the overall savings for participating in the County's program of approximately $68,700, and for the Southern Marin Consolidation Program the savings would be under $12,000 annually. However, he stated the County's program would provide decreased services; and the Southern Marin Consolidated Program would provide increased services and j~proved equipment. Upon questioning by the Coun~i1 Chief Herley responded that Mill Valley City Council would be the governing body of the joint powers agreement, although all the participating parties Vlould have equal input. There was additional discussion regarding concerns over cost controls that would be provided under the joint powers agreement. It was noted that although the cost savings under this proposed program would be negligible, the enhancement of service would be increased. I Councilmember Nygren expressed concern about the proposed structure of the Joint Powers Agreement and the fact that Tiburon would have equal monetary responsibility when it's population is much smaller than Mill Valley's, and stated this is why Belvedere is reluctant to join in the program. r' TOWN COUNCIL MINUTES #962 12/2/92 7 - Chief Herley responded that test results indicate that Tiburon's share of the calls received and workload for the dispatcher is 32.8%; stated that Sausalito and Mill Valley have received direction from the City Councils to proceed and are awaiting a decision by Tiburon. Nicky Wolf, Greenwood Beach Road, stated that although Sausalito has approximately the same population as Tiburon, they have a much larger retail commercial area requiring a larger police force; stated that the County's information indicates that Sausalito's case reports are 33% greater than Tiburon's; stated that some overhead costs will remain if the Town participates in this proposal and will cost the Town $60,000 more than current costs; referred to the consolidation option #5 of SausalitQ, Tiburon/Belvedere sharing a County frequency and stated this would be the most logical 'option because it would provide a dedicated channel and personnel and would not require sharing the Sheriffs channel, and she urged this option be considered because it would provide a cost savings of $66,000 over the Southern Marin Consolidatio~ program. Further, she disputed the Police Department's contention that s<:rvices would be improved because the Town now provides a single dispatcher during the night with a dedicated channel; and the proposed program would require multiple services being dispatched on multiple frequencies and channels; and she recommended an independent consultant review the issue. Captain Lewis responded that Ms. Wolfs cost figures include the loss of revenue from Belvedere's participation in' the program and the remaining overhead costs would be applied to another area of service. I ""' Chief Herley added that Sausalito's Police Chief has indicated complete opposition to joining with the County's program; invited Ms. Wolf to meet with himself and the other Chiefs to review the program. Tiburon Police Sergeant Tom Aiello disputed Ms. Wolfs comments; stated that money should not be the deciding factor, but service; stated his experience with using the County system when he was employed with the City of Ross was unsatisfactory; and recommended Ms. Wolf visit the Police Department to review operations. Don Batten, Belveron Homeowners Association President, spoke in support of the consolidation program based on the improved service and safety that will be provided to the community. . I Don Best, Captain with the County Sheriffs Department, stated that although consolidation is a good idea, he disputed some of the comments made regarding the County having an inadequate system; stated the County has a long history of providing contract services in communications and have a completely new dispatch center with the most modern equipment and the best trained dispatchers in the County. However, he stated that their system was not designed to provide service for cities and could not provide a records management system which Tiburon needs; and he agreed that a consolidated system would be the best system for the Town. ".-. After additional discussion, the Town Council agreed that more information was needed regarding the County's services and directed that the Police Chief schedule a special TOWN COUNCIL MINUTES #962 12/2/92 8 . workshop session to meet with the Police Chiefs from Sausalito, Belvedere, Mill Valley and County Sheriffs Department representatives to further discuss this issue. I'~, 11. BLACKIE'S PASTURE IMPROVEMENTS (Future Direction to Parks and Open Space Commission) Because of time constraints, the Town Council agreed to postpone discussions regarding this item to the January 6, 1992, Town Council meeting. F. PUBLIC HEARINGS 12. APPEAL OF PLANNING COMMISSION DECISION. ANTENNA (A.P. #58-341.09; Applicant: A. Burnham; Appellant: Joan & Charles Dresow, Staff Report on Proposal & Cost of Mediation) Mayor Kuhn stepped down from the table because of conflict of interest: and Deputy Mayor Friedman took the Chair. 'The Town Attorney reviewed the staff report and recommended the various parties involved in this issue be encouraged to participate in the mediation process to resolve this matter and stated that Ms. Spater of Marin Mediation'Services has indicated her first step would be to meet' with each homeowners association and request they each select a representative to meet with the mediators and Mr. Burnham. I r There was discussion regarding the difficulty in identifying the parties to be involved in the mediation. Deputy Mayor Friedman opened the public hearing. Patty Kellett, President of the Meadowhill Homeowners Association, stated that the ravine site is the only site for the antenna approved by the Meadowhill homeowners; stated any attempts to violate the Meadowhill CC&Rs during mediation will be unacceptable; and expressed concern about additional antennas erected on Mr. Burnham's property without notification to the neighbors and requested a process be developed to rectify this situation. However, she indicated that she would take the issue of participating in mediation t~..her homeowners association for their approval. Mr. Burnham, the applicant, stated he had tried to contact Ms. Kellett regarding the erection of the vertical antenna on a trial basis; stated the vertical antenna did not perform satisfactorily for his purposes; questioned whether the Council would approve whatever solution is found through mediation; and indicated his willingness to participate in mediation although he is doubtful a satisfactory solution can be reached since the Meadowhill Homeowners have indicated that the only acceptable location for the antenna would be in the ravine. I Tom Cowley, 26 Tara Hill, stated he would support mediation, but suggested the mediator meet with all parties and submit an estimate for the time and costs involved in the process. ,r- TOWN COUNCIL MINUTES #962 12/2/92 9 . Joan Dresow, 40 Meadowhill, stated she and her husband are in favor of mediation, but expressed concern about procedure; and stated they are not committed to the ravine site and would consider other alternatives. - Upon hearing no further public comment, Deputy Mayor Friedman closed the public hearing. After discussion, it was agreed to direct the Town Attorney to 'contact the mediator and request she proceed with the mediation process. . 13. APPEAL OF BOARD OF ADJUSTMENTS & REVIEW DECISION . SECOND STORY ADDITION (A.P. #55.102.07; 158 Stewart Drive; Applicant: Zsuffka; App.ellants: John Kern, et al.) Assistant Planner Boyle reviewed the staffreport and stated the appeal is based on the grounds that the proposed addition would be out of character with the neighborhood and create an unattractive visual block, would cause loss of privacy, and cause a view obstruction. There was discussion regarding the neighbors' concerns that what is built would not be in compliance with what was approved; and the Assistant Planner stated that the inspection process would assure compliance. I Mayor Kuhn opened the public hearing. ,- John Kern, 166 Stewart Drive, stated all the neighbors. are independently appealing the BAR's decision; stated the neighbors were told at the first BAR hearing that the addition would not go up, but would be expanded out on the first floor; stated the proposal would violate the neighborhood's CC&Rs; stated that any decision made by the Council should be predicated on acknowledgement of the CC&Rs and their prohibition of this type of construction and the existing'trees that block views; presented a copy ,of the neighborhood's CC&Rs; stated the development would block views, violates the integrity of the neighborhood, would change its character, would set a precedent, would invade privacy and effect their property values. Further, he stated the applicant has refused to trim his trees which are in violation of the Town's tree ordinance and hillside guidelines; presented photographs of views from several homes that would be affected by the addition; and disputed the proposed square footage. There was discussion regarding the Town Council's inability to enforce CC&Rs. Joan Foster, 11 Sierra Court and President of the Little Reed Heights Homeowners Association, stated she is opposed to the proposed project and stated there was indecision amongst the BAR members in approving the project. I Jack Cooper, 173 Stewart Drive, stated that he is a real estate appraiser and property values could be affected by as much as 15 to 25% based on view loss. - TOWN COUNCIL MINUTES #962 12/2/92 10 . Vivian Jacobs, 167 Stewart Drive, requested the appeal be granted because of the potential effect on her views and stated the existing pine tree already blocks her water view. ~" Victor Zsuffka, applicant, displayed a map of Little Reed Heights and stated he conducted a survey and found many existing two-story homes in excess of 23 feet in height; stated their home would still appear as a one story from Stewart Drive; stated their proposal would not change the character of the neighborhood; displayed photographs of views from various neighbors' homes indicating no significant view blockage; stated they are not proposing anything that would violate the Hillside Guidelines; stated they are only requesting 625 additional square feet and 2'7" increas!l in height; stated Mrs. Coleman's property is 200 feet away from their property and less than one degree of her view will be affected; disputed alleged view blockages of other neighbors; stated they plan to cut their pine tree to open views; and stated they have made every effort possible to appease the neighbors and requested the appeal be denied. The resident of 162 Stewart Drive stated the windows on the back of the proposed project will effect the privacy of his back yard. Usa Klairmont, 161 Stewart Drive, stated the applicant never considered the option of expanding the first story instead of building a second story. I ,.... Colleen Mahoney, applicant's architect, stated they considered expanding on the ground level and found that it would bring the house closer to the street and would not significantly improve the value of the home relative to a vertical addition. Further,.she stated this neighborhood is very resistent to change; stated this application should be considered on its own and not compared to what future applicants may do; stated they have made every effort to respond to the neighbors' and the BAR's requests; and stated the CC&R's were never discussed during previous hearings. Mayor Kuhn closed the public hearing. Michael Heckman, Chairman of the BAR, clarified that Diana Bennett had voted in protest against requiring the applicant to reduce the overall roof height by another 6", but she was in favor of the project; therefore, although the vote was 3-2 in favor of the project, the true sentiment was ,~. 4-1 approval. Robert Farood, neighbor ofthe'applicant, stated the vote was definitely 3-2 and the third person indicated he was reluctant to vote in favor of the project. Councilmember Thayer stated he visited the site and found no serious view obstructions, no privacy issues and would vote to uphold the decision of the BAR. I Councilmember Thompson visited the site and various neighbors' homes and agreed that no major view obstruction would result from the addition; discussed the Homeowners Association's power to rewrite their CC&Rs to control development in their neighborhood; and stated he would vote to uphold the decision of the BAR. ,.... TOWN COUNCIL MINUTES #962 12/2/92 11 . ~ Deputy Mayor Friedman stated that much of the animosity attached to this project was created by the original application; stated this addition is appropriate, expressed concern about the existing trees and stated he would support the decision of the BAR with the condition that the pine tree in question be removed and vegetation trimmed. Councilmember Nygren stated that the Town has an obligation to follow CC&Rs even though it is not ruled by them; stated this addition is reasonable; would prefer a condition be included in the resolution requiring a survey to guarantee compliance; and that the long needle pine tree be removed. Mayor Kuhn concurred with the previous comments; that the application is in compliance with the Town's guidelines and does not cause a serious view obstruction. There was discussion regarding the Town's enforcement of requiring property owners to maintain trees at a certain height and requiring the applicant to remove the needle nose pine tree and trim the large cedar tree before issuance of the building permit. The applicant indicated he is willing to remove the needle nose pine tree and will trim the large cedar tree. Motion: To deny the appeal and uphold the decision of the BAR to approve the project with the added conditions that prior to issuance of the Building Permit the pine tree be removed in its entirety and all other trees on the street side of the property be cut to roof height; and further that all trees be maintained to not grow higher than the roof height; and at the time of framing that a survey be conducted to guarantee the height of the roof. Friedman, Seconded by Thayer AYES: Unanimous , Moved: Vote: 14. APPEAL OF BOARD OF ADJUSTMENTS & REVIEW DECISION . GARAGE ADDITION (A.P. #38-041.29 4960 Ranch Road; Applicants & Appellants: William & Georgia Kolthotl) Assistant Planner Boyle reviewed the staff report and stated the applicants are appealing the conditions requiring tree alterations the Board of Adjustments and Review Commission placed upon the garage addition approval. The applicants claim the required tree alterations are no~related to the garage addition and should not be related to the application. Assistant Phinner Boyle agreed that the disputed conditions are not related to the garage and were an attempt to accommodate the concerns of the neighbor, Mrs. Jerom~; therefore, recommended the Town Council grant the appeal and delete the three conditions. There was discussion regarding the fact that Mrs. Jerome's property is located within the County and therefore the Town's tree ordinance cannot be applied. Mayor Kuhn opened the public hearing. I - The applicant and appellant, Mr. Kolthoff, stated the trees provide privacy and noise blockage; stated he has already cut the trees by half since he purchased the property; TOWN COUNCIL MINUTES #962 12/2/92 12 stated he is willing to compromise by cutting two trees, not three, and stated that Mrs. Jerome should pay the cost. ~, Mrs. Jerome, 4903 Ranch Road, stated the trees are a fire hazard; stated the previous owners trimmed the trees yearly; stated a large branch has recently fallen on her telephone line and has not been removed; stated she preferred five trees be cut and compromised that only three be trimmed; and stated that at the BAR meeting, the Kolthoffs had not indicated any objection to the conditions. ' The Assistant Planner stated the trees were inspected by the Fire Marshall who indi~ated they were maintained properly and thus not a fire hazard. Michael Heckman, Chairman of the BAR, stated he was surprised that the applicants appealed the BAR decision because he had felt a satisfactory resolution had been reached by all parties. Mrs. Kolthoff stated they were not given an opportunity at the BAR hearing to state their opposition to the conditions because the public hearing had been closed. Mayor Kuhn closed the public hearing. I Jf""' Deputy Mayor Friedman stated the applicant's trees are blocking views and should be trimmed regardless of when they were planted; disputed the BAR's decision to exceed the F ARs by approving the garage; expressed concern that no story poles were erected and stated that without story poles he cannot make a judgment regarding the need. for trimming the trees; recommended this matter be continued until after story poles are erected; and stated that if he voted at this time he would vote to deny the application because he could not make the findings to exceed the floor area ratio. Councilmembers Nygren, Thayer and Thompson concurred with Deputy Mayor Friedman's comments. Motion: To continue this matter to the first regular meeting in January and direct the appellant to erect story poles and reconsider the entire application. Friedman, no second Moved: Councilmember Thompson ch~riged his opinion and stated he would vote to deny the appeal, but not to reconsider the entire application again. Mr. Kolthoff withdrew the appeal stating that his property was downsized from 30% FAR to 15% FAR when they were forced to annex into the Town. G. COUNCIL. COMMISSION OR COMMITTEE REPORTS None. I r' TOWN COUNCIL MINUTES #962 12/2/92 13 . H. COMMUNICATIONS ~ l 15. Letter from VIACOM to Town Manager, dt'd 11/11/92 (Increased Cablevision Rates Effective January 1, 1993) Councilmember Nygren requested a letter be forwarded to Viacom indicating the Town's objection to the rate increase. The Town Manager was so directed. 16. Letter from Marin Board of Supervisors to Mayor Kuhn, dt'd 11/16/92 (Commuter Bikeway Feasibility Study Funding) The Town Manager was directed to forward a letter to the Board of Supervisors indicati,ng the Town's intention to support and contribute $1400 to the North-South Commuter Bikeway Feasibility Study. I. STAFF AND TOWN MANAGER REPORTS, 17. TOWN CONSTRUCfION HOURS (Definition of Holidays) The Town Council agreed to confirm Staffs recommendation for official "no construction work days" to include New Years Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day. I " 18. TOWN APPEAL PROCESS (Consider New POlicy/Procedure for Consideration of Appeals) After discussion, it was agreed the appeal procedure should be determined on a case-by- ' case basis. 19. TIBURON STREET MAINTENANCE (Street Repair. Sealing of Cracks) The Town Manager reported that he has directed the Town Engineer to proceed with the process of obtaining cost estimates to repair cracks in Town Streets. J. ADJOURNMENT There being no further business' before the Town Council of the Town of Tiburon, Mayor Kuhn adjourned the meeting at 1:55 a.m. Thursday, December 3, 1992, to January 6, 1993. CR4I/L ALVIN R. KUHN, MAYOR ,-- ATIEST: Qft4.~.~ ERESE M. HENNESSY, WN CLERK I TOWN COUNCIL MINUTES #962 12/2/92 14 ;;J ~ -.-