HomeMy WebLinkAboutTC Min 1994-06-08
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TOWN COUNCIL
MINUTES
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CALL TO ORDER
Mayor Nygren called the adjourned meeting of the Town Council of the Town of
Tiburon to order at 7:35 P.M., Wednesday, June 8, 1994 in Room 5, Del Mar School,
Tiburon, California.
A. ROLL CALL
PRESENT: COUNCILMEMBERS: Ginalski, Thayer, Thompson, Wolf, Nygren
ABSENT: COUNCILMEMBERS: None
EX OFFICIO:
Town Manager Kleinert, Town Attorney Ewing
B. APPOINTMENTS TO COMMISSIONS BOARDS. COMMITIEES
There were none.
C. PUBLIC OUESTlONS AND COMMENTS
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There were none.
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D. UNFINISHED BUSINESS
1. MARINERO ESTATES PRECISE DEVELOPMENT PLAN (AP. #58-100-20,
and 21; Applicants: Treffinger Walz & MacLeod, John Collette, Receiver for
Internal Revenue Service, Owners: Harry Stonehill & Robert Brooks - Review and
Consider Adopting Resolution of Approval for 19 Lots at the End of Lyford Drive)
The Town Attorney stated the application was considered on May 24 at which time there
were several additions and deletions made to the proposed Resolution; Staff has
incorporated those changes, and addressed comment #1 in a May 24 memo from Mark
Ginalski. In addition, the Town Attorney referred to page 23, Condition 19, the
applicant has suggested at the beginning of the sentence, "except as elsewhere provided
herein for construction purposes..."; page 24, re bollards and fencing, line 4, proposing
to insert language "a minimum three foot high open, not solid fence, of their own
design"; page 43, Mitigation G.2.6, add reference to non motorized vehicle to read
"motorized and non-motorized vehicles (including bicycles) except for emergency vehicles
and bicycles on the fire roads".
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In response to Councilmember Ginalski's memo, the Town Attorney's memo of June 7
sets forth why he doesn't believe the Town should impose the suggested condition, and
suggests language be added to finding I.H which would add a second paragraph which
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would state "all the conditions and mitigations contained in the Resolution and EIR are
found essential by the Council to address the environmental impacts of the project, and
ensure compliance with the Town's General Plan, Zoning Ordinance and development
policies".
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The Town Attorney stated Exhibit B is a memo from the Planning Director and Pat
Collins, LSA, further confIrming the issue of house sizes in El Marinero and how that
was used to base the condition restricting the house size; also a letter from John
Collette, dated June 7, in which he rebuts the previously stated condition; and, a letter
with attachments dated June 7 from Councilmember Ginalski in which he addresses
several issues raised in the June 3 letter from Mr. Collette regarding procedural defects
and other issues regarding bill introduced by Representative Woolsey in Congress; Staff
recommends the letter and attachments be accepted into the record, and unless Council
feels a particular need, the issue not be reopened for discussion.
The Town Attorney stated Staff recommends Council review the changes made to the
Resolution, and if acceptable, adopt the amended Resolution.
The Town Attorney noted the language in the Zoning Ordinance for a Precise
Development Plan says it takes a majority of the voting members of the Council to
approve something; with four present, it will take three votes to approve the Resolution.
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In response to Councilmember Thayer who questioned the possibility of the applicant
seeking an amendment to the proposed Resolution, the Town Attorney stated Precise
Development Plans are good for 2 or 3 years and within that timeframe they have to get
the Tentative Map or this approval would expire; if the applicant seeks an amendment
to the Plan, the Town Attorney didn't think it would toll the time on this approval. If
the applicant came in for an amendment, the Town would treat it as a new application,
see what it is that they are applying for; do an initial study under CEQA; determine
whether any further environmental review is necessary; noted it would be subject to the
Permit Streamlining Act, guidelines which have been changed since January 1, 1994; it
would be almost like a new application.
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Ken Cohen, representing the applicant, stated in response to comments of the Town
Attorney, the applicant doesn't necessarily agree with statements made in Finding l.H,
and that it is not the only statement in the Resolution they disagree with.
Councilmember Thayer commended the Planning Commission and community who
participated in the hearing process for this application.
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Councilmember Wolf stated she believed everyone had the same goal to preserve as
much open space as possible; didn't believe the draft Resolution was the best way to
achieve that goal; stated the Town still had large, potential exposure stemming from
Measure C litigation, and she felt this application had the potential for similar exposure;
hoped she would be proven wrong and that the Town will not suffer damages because
of this approval, but she could not support it.
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Vice-Mayor Thompson stated he has always wanted to see a different plan; hadn't been
successful in getting a majority to join him in a denial in order to approach a new plan;
therefore, he saw the next best solution to adopt the Planning Commission recommenda-
tion and amendments; although he disagreed with the recommendation, he also
commended the Planning Commission for their efforts.
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Vice-Mayor Thompson expressed appreciation to Councilmember Wolfs gesture not to
attend the last Council meeting so that he could vote his conscience and vote no.
Mayor Nygren commended the Planning Commission for their logical and sensible
approach; felt they looked at General Plan and Zoning Ordinance very carefully; also
thanked the public and staff for their time and effort. Mayor Nygren read a prepared
statement which became a part of the record.
Motion:
To adopt Resolution Approving a 19-Lot Marinero Estates Precise
Development Plan and Mitigation Monitoring Program for 101 Acres of
Land at the End of Lyford Drive (Harroman Property, Assessor Parcels 58-
100-20 & 21) as amended.
Thayer, Second Thompson
AYES: Thayer, Thompson, Nygren
NOES: Wolf
NOT PARTICIPATING: Ginalski
Moved:
Vote:
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E. CLOSED SESSION
Closed Session was continued to the end of July.
F. ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon,
Mayor Nygren adjourned the meeting sine die.
ATTEST:
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TOWN COUNCIL MINUTES #1018
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