HomeMy WebLinkAboutTC Min 1993-02-03
TOWN COUNCIL
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MINUTES
CALL TO ORDER
Mayor Kuhn called the regular meeting of the Town Council of the Town of Tiburon to
order at 7:35 p.m., Wednesday, February 3, 1993, in Room 5, Del Mar School, Tiburon,
California.
A. ROLL CALL
PRESENT: COUNCILMEMBERS:
Nygren, Friedman, Thayer, Thompson, Kuhn
ABSENT: COUNCILMEMBERS:
None
EX OFFICIO:
Town Manager Kleinert, Town Attorney
Ewing, Town Engineer Bala, Supt. of Public
Works Iacopi, Acting Planning Director
Anderson, Finance Director Stranzl, Police
Chief Herley, Minute Clerk Kearney.
B. PUBLIC OUESTIONS AND COMMENTS
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(A) Jeanette Harrington, Chairperson of the Alto Richardson Bay Fire District,
expressed concern that neither the District's Board of Directors nor Staff have
been involved or included in discussions regarding the Southern Marin
dispatching consolidation program and requested they be included in the
decision-making process. The Town Council agreed to place this matter on the
next Town Council agenda of February 17th and the Chief of Police was directed
to contact Ms. Harrington and provide the District with all pertinent information
to date.
(B) Don Batten, Belveron, noted that improvements to the Chamber's sound system
are continuing, and requested the Council schedule a showing of the videotape
he has made of important Tiburon events over the past twelve years. The Town
Council agreed to schedule the video for the next Town Council meeting of
February 17th.
C. UNFINISHED BUSINESS
L NEW TOWN CENTER
a. Ned's Way
b_ Thrift Shop
c. Child Care Center
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Mayor Kuhn noted the three memoranda included in the agenda packet requesting the
Council's authorization for Deputy Mayor Friedman, Town Attorney Ewing, Town
Manager Kleinert and himself to enter into negotiations with the TEA, Thrift Shop, and
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Child Care Center concerning certain legal matters. The Town Council unanimously
indicated their approval.
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Project Manager Edelstein reported that Pacific Bell would also need to be consulted
regarding their easement on Town property; and Mayor Kuhn noted this issue will be
considered independently.
2. GREENWOOD BEACH ROAD DRAINAGE (Town Attorney's Report and
Recommendations)
The Town Attorney reviewed the stafT report, stated the Town does not have any legal
responsibility to alter the drainage system in question, but recommended the Town work
with the neighbors to find a solution to the drainage problem.
Bruce Abbott, Greenwood Beach Road, disagreed that the area between Greenwood
Beach Road and the meadow area is a natural water course; stated it is a slough or
ditch used to discharge overflow; stated no easement exists; stated the residents on
Greenwood Beach Road should not be expected to absorb all the rnn ofT from the hills
above; challenged the Town's right to rnn water through this area; and requested the
Town and residents resolve this matter together.
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There was discussion regarding the ditch on Mr. Abbott's property that Mr. Abbptt has
filled in and is interrupting the flow of water and subsequently causing pooling. Mr.
Abbott indicated he would be willing to remove the gravel from the ditch if the Town
were willing to remove the drainage area ofT his property.
Pam Snellgrove, 442 Greenwood Beach Road, challenged the Town's legal right to allow
drainage onto private property; stated this problem deprives them use of 21% of their
property; stated the drainage causes a great deal of erosion, pollution, and breeds rats;
and questioned why this is not considered damage to their property.
The Town Attorney responded that no structural damage has occurred and stated that
over the course of time the Town may have preserved a prescriptive right to use the
property as a drainage easement. However, he added that this is a very complex area
of law complicated by the issues involved regarding the meadow area filled during the
1950s, and recommended outside counsel be retained if further exploration of these
issues is required.
Councilmember Nygren requested the Council be provided with copies of letters from
Mrs. Holcomb's files regarding the tilled area.
Discussion ensued regarding the need for further clarification regarding the legal issues
involved, the extensive potential costs involved in remedying the problem, the possibility
of forming an assessment district, and the responsibility of the residents to bear the
burden of the costs.
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It was agreed by the Town Council that a meeting be scheduled between the Town
Engineer, Town Attorney and a representative from the Greenwood Beach Road
Homeowners Association to discuss solutions to the drainage issue and consider a
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possible cooperative effort to alleviate this problem. Further, the Town Engineer was
requested to explore contributions Caltrans might make towards a solution.
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3.
ABATEMENT AND REMOVAL OF ABANDONED OR INOPERATIVE
VEHICLES (Ordinance, 2nd Reading)
Mayor Kuhn opened the public hearing; and upon receiving no public comment, closed
the public hearing.
Motion:
Moved:
Vote:
To read the ordinance by Title Only.
Friedman, Seconded by Nygren
AYES: Unanimous
Mayor Kuhn read the ordinance by title.
Motion:
Moved:
Vote:
To pass second reading of AN ORDINANCE OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON AMENDING CHAPTER 23 ARTICLE II
OF THE TIBURON MUNICIPAL C,ODE PERTAINING TO THE
ABATEMENT AND REMOVAL OF ABANDONED OR INOPERATIVE
VEHICLES.
Friedman, Seconded by Thompson
AYES: Nygren, Friedman, Thayer, Thompson, Kuhn
D. NEW BUSINESS
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4.
COMMUNl1Y DEVEWPMENT BWCK GRANT APPLICATION
(Authorization to Apply for CDBG Funds to Improve CireuIation, Paving,
Lighting, and Parking at The Hilarita - Resolution)
Acting Planning Director Anderson requested authorization to proceed to apply for
Community Development Block Grant funds for improvements to Ned's Way. He noted
that staff has been unsuccessful in obtaining support from the TEA for this purpose;
however, because of the application deadline of February 26, 1993, he requested
authorization to proceed and meanwhile remedy concerns of the TEA. Mayor Kuhn
requested staff not proceed in contacting the TEA until after the Town Council
Committee has had an opportunity to first meet with them to negotiate improvements
needed for the New Town Center.
Discussion ensued concerning potential loss of control over the master plan design
should the grant funds be received; and the concern that this type of project will not be
given a great deal of consideration since these funds are meant for projects in "dire
need" of funding.
Although the Council commended Staff for their pursuit of alternative funding, it was
the consensus of the Town Council to not pursue this grant application.
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E. PUBLIC HEARINGS
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5. WATER WELL PERMITS (Staff Recommendations Regarding Proposed
Ordinance)
The Acting Planning Director reminded the Town Council that this matter was tabled
last November for second reading to allow for clarification from MMWD regarding its
well policy. He discussed the two remaining unresolved issues which include the
question oCwhat the reasonable extent is that an applicant can secure geological experts
to guarantee his well will not run dry; and what is a reasonable method for dealing with
the "monetary hardship" issue relative to District hook-up fees when a well does run dry.
He recommended no changes be made to the Town's current well ordinance with respect
to the first issue; but that the second issue be resolved by bonding to secure MMWD
hook.up prior to issuance of the well permit, or to require recordation on the property
title certain information regarding MMWD's water supply status and the property's
dependence upon a well for potable purposes as recommended by the Builder's
Exchange.
Mayor Kuhn opened the public hearing.
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Herb Nienstedt, representing the Marin Builder's Exchange, indicated his support for
Staff's recommendation addressing the first issue, but indicated his objection to posting
bonds because this would place an unfair additional burden on the property owner and
may give the misconception that the payment of funds would guarantee hookup in the
event of another drought if their well runs dry. Further, he indicated general support
for the wording in #3 of option two, but requested it be changed to read:
"The owner cannot assume in advance any commitment to
receive additional potable water service to the property in
the event of well failure unless the owner applies and pays
for the amount of water which MMWD calculates is needed
to serve the property without benefit of the well and the
water services available."
Hearing no further public input, Mayor Kuhn closed the public hearing.
The Town Council agreed that posting a bond would give the impression that a water
hook up has been guaranteed. Therefore, it was their consensus to not support this
option. Further, the Council discussed the importance of including language that
clarifies this issue in option 2 stating that if the well runs dry a house cannot be
occupied. The Council indicated their unanimous support for staff recommendation to
maintain the current language in the well ordinance pertaining to issue #1; and the
second option as recommended pertaining to issue #2.
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Mayor Kuhn requested that all residents with approved wells be notified of this
ordinance; and directed Staff to provide the appropriate language for amendment to the
current well ordinance for consideration at the next regular meeting of February 17,
1993.
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6. APPEAL BLDG. OFFICIAL'S DECISION ON EXPIRATION OF
BUILDING PERMIT (A.P. #S8-011-U, AppeUant: F. Grange, 3616
Paradise Dr.)
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The Acting Planning Director reviewed the staff report and recommended the appeal be
denied.
The Town Attorney reviewed the grounds for the argument that the building permit had
expired stating that the installation and subsequent removal of piers does not constitute
a proper interpretation of the UBC. Secondly, he stated that the expenditure of legal
fees does not justity no work having occurred in the field for 180 days. Regarding the
injunction, the Town Attorney stated the issue is whether the time for the building
, permit should be tolled during the period of that injunction, stating that the UBC does
not provide for tolling periods, and the injunction did not prohibit all work on the
Grange property, only on the Lewis easement and beachfront property.
Mr. Fred Peterson, attorney representing Mr. Grange, distributed to the Council a
packet of materials referred to as Exhibit A with 9 se,ctions of attachments, including
a declaration from Mr. Giacomini with reference to whether the injunction covered all
the Grange property. The Town Council adjourned at 9:25 p.m. to allow time for review
of these materials. The Town Council reconvened at 9:30 p.m.
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Mr. Peterson, stated that the injunction prohibits building in the area of the easement
and that Mr. Dupen had informed Mr. Grange that he would not permit access for
construction purposes across his property, which precluded any access for equipment
and materials to the steep part of the site; explained that the soils engineers
recommended the retaining walls on the Bay side be installed before other work
commenced; stated that the court determined that if any part of the footing of the house
was within the beach area that the whole plan would be void and would be required to
go through the approval process again; and Mr. Lewis had granted permission to install
the piers in the driveway. Further, he stated that there was no part of the Grange
property that was not subject to the injunction; and added that the BCDC permits were
still valid.
Mr. Stitz, contractor that installed the piers, stated this work was done to keep the
building permit alive, but stated that the steel I-beams were removed upon the
objections of Mr. Lewis because of safety issues. He confirmed that the soils engineer
was concerned that the site be stabilized and shored with retaining walls before
construction; and stated there was no practical way to complete this work because of
lack of access.
Mr. Peterson stated that staff had been informed of the injunction and had been
questioned regarding what work would be required to keep the permit active, to which
they replied the installation of I-beams would be sufficient. The Town Attorney
responded that the appellant was never counseled to install the piers by Staff.
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Further, Mr. Peterson cited several cases supporting his position.
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Mr. Tony DeSilva, architect that assisted the appellant during the permit process, stated
he was informed by the Town Attorney that substantial construction would be required
to keep the permit alive.
John Dupen, 3610 Paradise Drive, stated his attorney had attempted to reach a
compromise on allowing Mr. Grange's equipment to cross the beach and his road to the
Grange property by posting a bond against damages. Further, he questioned the
purpose of installing the I-beams, whether there was a survey completed for the I-beam
placement; and stated they were not installed in accordance with a survey, were placed
on the Dupen's right-of-way, and served no purpose in the construction of the roadway.
Mr. Stitz responded the I-beams were calculated on the drawings, Mr. Grange did have
a survey completed, that the concreted steel I-beams were installed on the easement;
although it is possible Mr. Dupen's and Mr. Grange's surveys may not agree.
Vernon Dallman, 7 Playa Verde, stated that Mr. Lewis did not object to having the I-
beams installed; stated no one has tried to prevent Mr. Grange from working on his
property; and alleged that a wall was installed and excavation done without a proper
permit.
Mr. Lewis, 3614 Paradise Drive, stated that because of litigation between Mr. Grange
and himself, he cannot speak on the matter.
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Fred Grange, appellant, disputed Mr. Dupen's claim that his attorney had attempted
to compromise on allowing access to Mr. Grange's property and stated that in a letter
from Dupen's attorney it was stated they would be sued if they attempted to cross the
beach for construction purposes; further, he stated that the I-beams were removed to
accommodate Mr. Lewis' request.
Hearing no further public comment, Mayor Kuhn closed the public hearing.
Deputy Mayor Friedman expressed concern that the I-beams were installed in contempt
of the court order or put on somebody else's property as a trespass; therefore, he feels
they should not constitute work. Further, he stated that because the injunction was
written broadly, work should not have been done during that period; therefore, he would
vote in favor of granting the appeal and tolling the building permit during the period
of the injunction by extending the permit 51 additional days.
Mayor Kuhn and Councilmembers Thompson, Thayer and Nygren concurred.
The Town Engineer recommended no excavation or vertical cuts be made to the
embankment before April 15th, but other work can be done.
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The Town Attorney recommended the issues raised by the neighbors regarding the
specifics of the permit be reviewed by the Planning Department, including what kinds
of work can be done during the winter months, and that the permit be tolled further
until those issues are analyzed.
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Motion:
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Moved:
Vote:
To grant the appeal and authorize the extension of the building permit 51
additional days commencing upon the Planning Department's review of
the proposed plans and clarification of what work can be completed
during the winter months; and that Staff be directed to draft the
appropriate resolution reflecting these findings for consideration at the
next regular meeting of February 17, 1993.
Thompson, Seconded by Friedman
AYES: Unanimous
F. COUNCIL. COMMISSION OR COMMI1'fEE REPORTS
, (1) Councilmember Nygren requested this section of the agenda be moved forward
for discussion. She noted receipt of a report from the County Wide Planning
Agency and a Growth Management Counsel Report from the Governor's office
the results of which would have significant impact on the towns and cities of
California. She requested that this report be addressed by the MCCMC and
that Staff be requested to review the report and draft a response to our
legislators regarding impacts. The Town Council agreed to request this matter
be placed on the MCCMC agenda for consideration and agendized for the next
Town Council meeting of February 17, 1993.
Councilmember Nygren left the meeting at 11:05 p.rn. (Council, Commission or
Committee Reports continued after Item 7.)
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7.
PRECISE PLAN AMENDMENT (A.P. #39-021-07 thru 12; 3825 Paradise
Drive; Applicant: Irving & Varda Rabin; Amendment to Relocate
Secondary Building
The Acting Planning Director stated the applicant is proposing relocation of the
secondary building envelope for the tennis court and Staff believes this revised location
is more appropriate than the previously approved location.
Mayor Kuhn opened the public hearing; and upon receiving no public comment, closed
the public hearing.
Motion:
Moved:
Vote:
To read the ordinance by Title Only.
Friedman, Seconded by Thayer
AYES: Unanimous
ABSENT: Nygren
Mayor Kuhn read the ordinance by title.
Motion:
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Moved:
Vote:
To pass first reading of AN ORDINANCE OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON AMENDING THE PRECISE
DEVELOPMENT PLAN FOR 3825 PARADISE DRIVE (PD#20)
ASSESSOR PARCEL NO. #39-021-08 THROUGH 12.
Friedman, Seconded by Thompson
AYES: Friedman, Thayer, Thompson, Kuhn
ABSENT: Nygren
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F. COUNCIL. COMMISSION OR COMMITfEE REPORTS (ront.)
(2)
Mayor Kuhn reported that meetings have been held concerning the proposed
open space joint powers agreement which will be placed on the February 17,
1993, agenda.
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(3) Mayor Kuhn reported that there have been no new developments concerning the
Safeway lease issue.
(4) Mayor Kuhn reported that the concept of forming an economic development
committee has been favorably received and this issue will be discussed at the
Belvedere/Tiburon Mayors and Vice-Mayors breakfast meeting scheduled Cor
Wednesday, February 10, at 7:30 a.m. Also to be discussed at this meeting will
be the Southern Marin Police Dispatch Consolidation Program, and the issue of
the consolidated fire district study. He noted that Belvedere has agreed to
approve the study and to fund up to $2,000 towards this project. He requested
the Council discuss the Town's participation in funding this study as well later
in the meeting.
(5) Councilmember Thompson reported that February 4th is the first meeting of the
Marin County Development Commission; and he reported that the owner of a
boat that recently washed onto Tiburon's shores has been given three-and-a-haIC
weeks to remove his boat.
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(6)
Councilmember Thayer reported that the Citizens' Financial Review Committee
met and received reports from the various committee members regarding
interviews conducted with StalT leadership. Also, the creation of a forecasting
model was discussed, and he stated their next meeting is scheduled for February
6, 1993, to discuss the results of the focus group interviews and to consider a
paper flow study prepared by Richard Hinkle.
CONSOLIDATED FIRE DISTRICf STUDY
Mayor Kuhn requested the Town Council consider financially supporting this study up
to $2,000 in conjunction with the City of Belvedere. Therefore, he requested this matter
be placed on the February 17, 1993, Town Council agenda; and the Town Council agreed
to consider this issue at their next regular meeting.
G. APPOINTMENTS TO COMMISSIONS. BOARDS_ COMMITl'kES
Deputy Mayor Friedman noted the importance of making appointments to the POSC
and the DRB beCore upcoming scheduled workshops and meetings.
Motion:
To appoint Joanne Ferro to the Parks and Open Space Commission and
Nadine Hill to the Design Review Board.
Friedman, Seconded by Thayer
AYES: Friedman, Thayer, Thompson, Kuhn
ABSENT: Nygren
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Moved:
Vote:
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It was discussed and agreed that Steve Messina and other applicants should be notified
that they will be considered for future appropriate vacancies.
It was also noted that Nadine Hill is currently serving on the Heritage and Arts
Commission, and it was agreed that she should continue to serve on this Commission
until a replacement is found for her within 90 days.
Mayor Kuhn requested the Town Manager provide a current record of resumes and
applications for various appointments received to date.
H. CONSENT CALENDAR
Motion:
To approve the Consent Calendar consisting of the following items:
8. APPROVAL OF MINUTES #964, January 14, 1993; #965, January
20, 1993
9. PLANNING FEE SCHEDULE AMENDMENT (Administrative
Costs for Environmental Impact ,Reports - Resolution)
10. STREET IMPROVEMENTS (Authorization for Town Engineer to
Proceed with Plans and Specifications for Budgeted Trestle Glen
Repairs)
11. AMENDED GRANT APPLICATION FOR TIBURON DOCK
REAUGNMENT AND CONSTRUCTION - Resolution
Ill.
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Moved:
Vote:
Thayer, Seconded by Friedman
AYES: Unanimous
ABSENT: Nygren
I. COMMUNICATIONS
12. LCC LEGISLATIVE BULLETIN, dt'd. 1/22/93 - INFORMATION ONLY
-(Estimated Property Tax Loss - Governor's Budget Proposal 1993)
The Town Council discussed the potential loss of $214,309 in revenue from the proposed
Governor's budget and acknowledged that these are preliminary figures only.
J. STAFF AND TOWN MANAGER REPORTS
13. FY 1993-94 Budget Calendar & Proposed Hearing Dates
The Town Council received the proposed budget hearing dates.
A.
The Town Manager noted the Consent Calendar approval of the street
improvements at Trestle Glen and Blackfield Drive. He stated the Trestle Glen
improvements will be funded through gas tax monies, and Blackfield Drive will
be charged against Tiburon Boulevard Improvements monies.
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The Town Engineer stated that an ordinance will be proposed to the Town
Council which adds the Blackfield Drive project to the Tiburon Boulevard
Improvements list.
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Council member Thompson noted a water spring on Trestle Glen which is
accelerating the deterioration of the road, and the Town Engineer indicated he
would investigate this problem.
B.
The Town Manager reported that the new Administration has directed federal
funds to flow down to the states and Caltrans is requesting that municipalities
submit a list of 'shelt" jobs that are ready to proceed to bid within 90 days. The
Town Engineer recommended the completion of Belveron's street improvements
and reconstruction of the Mar West intersection for submittal. Aller discussion,
the Town Council agreed that the Town Engineer should proceed with the cost
estimates for submittal to Caltrans.
K. CLOSED SESSION
Mayor Kuhn adjourned the meeting to Closed Session at 11:40 p.m. to discuss potential
litigation.
L. ADJOURNMENT
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There being no further business before the Town Council of the Town of Tiburon, Mayor
Kuhn adjourned the meeting at 11:55 p.m., Wednesday, February 3, 1993, sine die.
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ALVIN R. KUHN, MAYOR
WN CLERK
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