TOWN COUNCIL

CALL TO ORDER

Mayor Gram called the regular meeting of the Tiburon Town Council to order at 7:40 p.m. on Wednesday, December 4, 2002, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California.

ROLL CALL

PRESENT: COUNCILMEMBERS: Berger, Fredericks, Gram, Slavitz, Thompson

PRESENT: EX OFFICIO: Town Manager McIntyre, Town Attorney Danforth, Director of Community Development Anderson, Senior Planner Watrous, Director of Public Works/Town Engineer Echols, Chief of Police Odetto, Director of Administrative Services McVeigh, Administrative & Financial Analyst Stott, Town Clerk Crane Iacopi

CLOSED SESSION

PUBLIC EMPLOYEE PERFORMANCE EVALUATION

(Section 54957)

Title: Town Manager

Title: Town Attorney

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

(Section 54956.9(a))

Howard Zack, Diane Zack v. MERA and Town of Tiburon

Xanadu v. Town of Tiburon

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

(Section 54956.9(b)(3)(C)

Claimant: UDI-Tetrad

ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY

Mayor Gram said that the personnel matters were discussed, in addition to the legal matters noted on the agenda. He said that no final action taken on the above items.

ORAL COMMUNICATIONS

Sue Quinn, Paradise Drive, said she would like to comment on Consent Calendar Item No. 7.

Mayor Gram said that the item would be removed from the Consent Calendar for discussion.

Councilmember Thomspon said that he would like to nominate Vice Mayor Jeff Slavitz to be the next mayor of Tiburon. He credited Slavitz with having encouraged him to run for Council 10 years previously, and said that Jeff had been a "great friend" and supporter of the Town for many years.

MOTION: To elect Jeff Slavitz as Mayor.

Moved: Thomspon, seconded by Fredericks

Vote: AYES: Unanimous

Mayor-elect Slavitz said what an honor it was to be elected by this particular Council, which he described as one of the best that he could remember. He thanked his fellow councilmembers for their confidence.

Mayor Slavitz gave special recognition to outgoing Mayor Tom Gram, whom he said had spent hundreds of hours dealing with difficult people and issues over the past year. Slavitz borrowed a phrase from Gram, and vowed to keep [the Town] "steady as she goes" in the coming year.

Mayor Slavitz introduced his wife, Nancy and his two sons, along with his father and a close family friend.

Outgoing Mayor Gram said that it had been an "interesting" year, but that the Council had been great to deal with. He said that even though Mayor-elect Slavitz was only recently appointed to the Council, he had picked everything up "beautifully."

MOTION: To elect Alice Fredericks as Vice Mayor.

Moved: Berger, Thompson

Vote: AYES: Unanimous

Councilmember Berger said that he and the Vice Mayor-elect and served together on the Planning Comission. He praised her for her brilliance, erudition and for being "always prepared." He said that these qualities had only increased in Ms. Fredericks’ time on the Council. Berger also said that Ms. Fredericks "really goes out and meets and knows the people" of Tiburon.

Councilmember Thompson also thanked outgoing Mayor Gram for his leadership and stewardship over the past year.

Vice Mayor Fredericks said that Gram had told her that it really took four years to become a "full" councilmember. She said that one thing she had learned since her election was how much the Town Staff really did and asked the Council and the public to acknowledge that.

Ms. Fredericks also said that she had learned that not only did the Town Council perform an "enormous" amount of work on behalf of the Town, but how many hours were spent at the County level for the benefit of the Town, as well.

The Vice Mayor said that she had also learned that there was enormous power in teamwork, and she thanked the past Councils for their contributions.

CONSENT CALENDAR

Mayor Slavitz said that Item No. 6 had been withdrawn from the agenda and that Item No. 7 would be removed for discussion.

1) Recommendation by Town Clerk – Certification of November 5, 2002 Election Results

a) A Resolution of the Town Council of the Town of Tiburon

Certifying the Results of the November 5, 2002 Municipal

Election for the Purpose of Deciding Ballot Measure "I"

2) Recommendation by Director of Public Works/Town Engineer - Authorize Remedial Road Repair – Southridge East

3) Recommendation by Director of Public Works/Town Engineer – Authorize Town Manager to Issue Task Order for Engineering & Design Services for 2002-03 Drainage Improvement Projects

4) Recommendation by Director of Administrative Services – Accept Annual Town Audit Report

5) Recommendation by Director of Administrative Services – Budget Amendments

a) Create MERA Account - $140,000

b) Trailer Purchase for Public Works - $5,572

c) Salary Adjustments – MAPE, Mid-Management and Management - $48,138

6) Request by Reed Union School District – Adopt a Resolution Supporting a Community Joint-use Facility on the Tiburon Peninsula

a) A Resolution of the Town Council of the Town of Tiburon

Endorsing in Concept the New Gymnasium/Community Center

Proposed by the Reed Union School District at Del Mar School

7) Recommendation by Senior Planner – Adoption of Resolutions regarding Two Appeals of Design Review Board Decision regarding 2355 Paradise Drive

a) A Resolution of the Town Council of the Town of Tiburon Denying an Appeal by Wallace and Susan Quinn of the Approval of Site Plan and Architectural Review and a Variance For Property located at 2355 Paradise Drive A Resolution of the Town Council of the Town of TiburonPartially Granting an Appeal by Robin Moore of the Approval of a Site Plan and Architectural Review and a Variance for Property located by 2355 Paradise Drive

8) Recommendation by Town Attorney - Request to join Amicus Brief

Schifando v. City of Los Angeles – California Supreme Court Case No. S106660

9) Recommendation by Director of Administrative Services – Accept October 2002 Town Investment Summary

MOTION: To approve Item Nos. 1, 2, 3, 4, 5, 8 & 9.

Moved: Thompson, seconded by Gram

Vote: AYES: Unanimous

Item No. 7 (above).

Senior Planner Watrous said that a question had arisen since the hearing on November 20, about how the height reduction of the buildings for the approved project at 2355 Paradise Drive would be achieved. Specifically, Watrous said that the question was whether the ridge height would be reduced, or whether the entire structure would be "lowered" three feet more into the ground.

 Councilmember Berger acknowledged that the issue had been discussed both ways during the hearing. He said that he had also received a call from the architect (Hank Bruce) seeking clarification. Berger said that it was his understanding that the height of the ridgeline could come down three feet, and that Bruce would "do his architect thing" to achieve this. Berger said that the final grade of the bottom floor was not the Council’s concern.

Councilmember Thomspon said that he remembered the discussion differently. He said that he was talking about the entire house being lowered in order to address the deck and privacy issues for Ms. Moore and the house next door. He said that otherwise, the deck of the upper unit would be "sticking out" above the neighboring houses.

Thompson said that he concurred with the approval of the two structures, and agreed that the FAR and square footage was not being reduced; however, he said that he originally had recommended that the unit(s) be lowered five feet but had compromised at three feet.

Vice Mayor Fredericks agreed with Thompson’s assessment. She said that the purpose of lowering the upper unit was to drop the deck down.

Councilmember Gram recalled the discussion but said that he had voted to just reduce the roof height.

Mayor Slavitz agreed with Gram’s recollection.

Councilmember Berger said that plate height had been discussed, but the point was that if the back unit was lowered, the front unit would also come down [in height].

Senior Planner Watrous said that Architect Bruce had brought in some preliminary drawings that seemed to be consistent with Councilmember Berger’s recollection of the Council’s direction. He said that Bruce had lowered the roof pitch somewhat; that the plate height had been reduced somewhat; and that the building itself had been lowered somewhat more into the ground. In addition, Watrous said that Bruce’s latest drawings showed that the roof height of Unit A had been lowered three feet.

Councilmember Berger asked how much the floor height of Unit B had gone down. Watrous said that he did not know the exact amount, but that the cumulative effect was that the total [height] reduction was three feet.

Councilmember Gram asked how much the deck had been lowered. Mr. Watrous said he thought that it had been lowered a foot or so, but he again asked for clarification from Council as to whether the intention was to "push the entire building down three feet."

Councilmember Berger said that there were different ways to achieve the intended goal of the Council and that it was not just "to dig a hole in the ground" and put the house in it.

 Councilmember Thompson said that this ambiguity was precisely how people "got away with things in Tiburon," and that eventually the "neighborhood character starts to erode."

Mayor Slavitz posed the question of whether the Council should specify that the deck be lowered.

Sue Quinn, Appellant, said that she had spent over two hours reviewing the tapes of the November 20 meeting. She referred to pages 3 and 4 of a partial transcript prepared by the Town Clerk in which Councilmember Berger stated that Unit B was to be lowered. Ms. Quinn said that she "strongly opposed" the way the outcome of the appeal was being handled and accused the architect of trying to manipulate the process.

Mayor Slavitz said that it was a matter of interpretation of the definition of "lowering" the building versus lowering the height of the building.

Councilmember Berger said that in the transcript he said that the roof of Unit A would be lowered.

Vice Mayor Fredericks said that she approved the lowering of the roof of Unit A, but that what she was talking about at the hearing was lowering Unit B entirely.

Councilmember Gram said that he agreed with Berger; Councilmember Fredericks said she concurred with Thompson.

Mayor Slavitz said that he recalled the direction to lower the roof, not the whole house, and that there was no discussion of the deck being adjusted. He said he was very concerned about changing that direction now.

Wallace Quinn, Appellant, asked how plate height was defined and measured, and said he disagreed with Councilmember Berger’s definition and recollection of the discussion. He questioned why the Council would ask that Unit A’s roof height be lowered if they were not planning to lower Unit B into the ground. Mr. Quinn said that he thought the Council was doing a "flip flop" on the issues resulting from a "convenient misunderstanding" of things.

MOTION: To adopt the resolution of findings denying the Quinn’s appeal, as written.

Moved: Berger, seconded by Gram

Vote: AYES: Berger, Gram, Slavitz

NOES: Fredericks, Thompson

With regard to the resolution of findings for the second appeal (7-b above), Senior Planner Watrous asked if Council wanted to change the language in Paragraph 15A which currently stated that "the height of the roof of Building B shall be reduced…".

Director of Community Development Anderson said that certain definitions were used "loosely," during the hearing, which contributed to the confusion. He said that the planners used the word "lower" to mean dropping into the ground; and the term "reducing building height" to mean the combination of methods endorsed by the Council in this case.

Councilmember Berger acknowledged how the use of the terms had led to some confusion on the part of the public and his fellow councilmembers.

MOTION: To adopt the resolution partially granting the appeal of Robin Moore, as written.

Moved: Berger, seconded by Gram

Vote: AYES: Berger, Gram, Slavitz

NOES: Fredericks, Thompson

REGULAR AGENDA

10) Presentation by Paradise Drive/Solano Avenue Residents – Proposed Undergrounding of Utilities Assessment District

Town Manager McIntyre introduced Liz Bird, a resident of Paradise Drive, who made the presentation.

Ms. Bird distributed a color map to Council of parcels in the area which would be included in the proposed district. She said that she and the organizers had met with the Town Manager and Town Engineer to discuss the process and that the next step was to meet with representatives from the utilities.

Ms. Bird said that of the 70 homes in the proposed district, about 80% had endorsed the project. Councilmember Thompson advised Ms. Bird to "be open to" expanding the boundaries if adjoining property owners expressed an interest.

11) Request by Belvedere Community Foundation – Town Funding for the Reconstruction of the Belvedere Playground

Mayor Slavitz said that the item had been continued to January 15, 2003.

PUBLIC HEARING

12) Recommendation by Director of Community Development – Amend Chapter 13 of Town Code to Incorporate Revisions to Title 24 part 9 of the California Code of Regulations, the 2001 California Fire Code and the 2000 Uniform Fire Code

Read by Title Only

2^nd reading and Adoption of Ordinance

a) An Ordinance of the Town Council of the Town of Tiburon

Amending Chapter 13 of the Tiburon Municipal Code

(Building Regulations)

Councilmember Berger asked a question about a local amendment to the Code pertaining to swimming pools. Director of Community Development Anderson said that this amendment made the Town’s Code section more stringent than the State Code, but that this was not a new change.

Mayor Slavitz opened and closed the public hearing. There was no public comment.

MOTION: To read Ordinance by title only.

Moved: Fredericks, seconded by Berger

Vote: AYES: Unanimous

Mayor Gram read, "An Ordinance of the Town Council of the Town of Tiburon Amending Chapter 13 of the Tiburon Municipal Code (Building Regulations)."

MOTION: To adopt above Ordinance.

Moved: Berger, Seconded by Thompson

Vote: AYES: Berger, Fredericks, Gram, Slavitz, Thompson

13) Recommendation by Director of Community Development – Request for Extension of Time to File Precise Development Plan

Address: 375 Taylor Road

Applicant: Miranda Leonard

AP No. 38-182-42

Director of Community Development Anderson said that this was the fifth request for an extension of time following approval in 1992. Anderson said that the Design Review Board would be reviewing submitted plans at its upcoming December meeting, and that the recommendation was to grant a final six-month extension of time pending the DRB’s approval of the plans.

Councilmember Thompson asked if this was the parcel at the very end of Taylor Road, which included an environmental easement (Ring Mountain Parcel G). Director Anderson confirmed this. Thompson joked that he would vote for a "permanent" extension so as not to see the parcel developed.

MOTION: To grant the request for extension of time, as recommended.

Moved: Thompson, seconded by Berger

Vote: AYES: Unanimous

ADJOURN THE TOWN COUNCIL AND CONVENE THE TIBURON REDEVELOPMENT AGENCY

TIBURON REDEVELOPMENT AGENCY

CALL TO ORDER AND ROLL CALL

Board Clerk Crane Iacopi noted that the following were present:

Boardmember Berger, Boardmember Fredericks, Boardmember Gram, Boardmember Slavitz, Boardmember Thompson.

ADOPTION OF MINUTES

1) February 6, 2002

MOTION: To adopt above minutes.

Moved: Gram, seconded by Thompson

Vote: AYES: Fredericks, Gram, Thompson

ABSTAIN: Slavitz, Berger

ANNUAL BUSINESS MEETING

2) Redevelopment Agency Annual Report - Accept Auditor’s Report

MOTION: To approve Item No.1 above.

Moved: Thompson, seconded by Berger

Vote: AYES: Unanimous

WRITTEN COMMUNICATIONS

Town Council Weekly Digest – November 22, 2002

Town Council Weekly Digest – November 29, 2002

 

ADJOURNMENT

There being no further business before the Town Council of the Town of Tiburon, Mayor Slavitz adjourned the meeting at 8:27 p.m., to a celebration at his home. He noted that the next regular meeting of the Town Council would take place on Wednesday, January 15, 2003.

s/ JEFF SLAVITZ, MAYOR

 

ATTEST:

DIANE CRANE IACOPI, TOWN CLERK