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Home My WebLink AboutTC Min 2020-03-04 � , TOWN COUNCIL � SP�CIAL AND R�GULAR M�I,TINGS MINUT�S SPECIAL M�ETING —6:00 P.M. On Marcl� 4, 2020. the Co�u�cii hcld a special meeting as follows: CALL TO ORD�R ANll ROLL CALL Councilmember Kulil<. Councilmembe�• Welner, Vice Mayor Thier, Mayor Fredericl<s CLOSI:1) SrSSION CONFEI2�NCI?, W1TH I.TGAI., COUNS�L—I;XISTING LITIGATION (Pursuant to Goveri�me��t Code Scction 549569 (d)(1)) Name of�Case: Tiburoi� Open Space Comn�ittee, et. al. v. Co�mty of Mari��, Marin County Superior Court Case No. ClV 1704069 INTTRVITWS FOI2 VACANCI�S ON TOWN BOARDS & COMMISSIONS m Bronia l lill (Parl:s. Open Space and Trails Cominission) • Jeff Egeber<r (Parl<s, Open Space and Trails Commission) � • Christopher M�n-phy (Parl<s, Ope�� Space and "Trails Commission) AllJOURNMENT—tn re;�iil�u•i��7eetiiz� ' REGl'LAR MEETING—7:30 P.M. Mayor Fr�dericks called the re«ular meetinb of the Tiburon Town Council to order at 7:�0 p.m. ��. on Wednesdav. March 4. 2020, in ��own Council Chambers. 1505 Tib�u-on Boulevard. Tib�u�on. California. � ROLL CALL PRESENT: COUNCILMEMBERS: Frederici<s, 1<ulil<, Thier, Welner i ABSEN'l,: COUNCII.MI�MBEKS: O��e Vacai�t Seat PRESEN7��: EX OFFIC[O: Town Ma��aber Chanis, Town Att�orney Stocl<. Directol-of Public Worl<s/"I�o��n Cngineer Barnes. ( Director oi�Administrative Services Creel<more, Town Clerk Stefani M ANNOUNC�M�NT OF ACTIOn TAKEN IN CLOS�D S�SSION IF ANY � � Pugc 1 ��8 � Toii��7 Council zl�rnu�e� ;°O�-20'0 � I�Ic�rch -�, 2020 , � Town Attorney Stocl< annoui�ccd that that the Co�mcil had voted (4-0) in Closed Session to tile a � notice of appeal of the Tibtriro» O��ei�Space Co»�mittee, el. al. v. Coi�nly ofMc�ri�judgement � ORAL COMMUNICATIONS Anne Libbon, nudubon Society, asl<ed that� t�he Town tal<e a more active role in instructing the �� Richardson's Bay Regional Abei�cy on tal<ing action to follow recoiniT�endations and requirei��ents of BCDC to restore order to Richardson's Bay. � RECOGNITION OF TOWN S�RVIC�S • Phil Feldman (Parks, Open Space and Trails Commission —12 years) � INTRODUCTION OF N�W TOWN STAFF ' • Steve Pat►ne►•, Director of Public Works/Town Engineer CONS�N'T CAL�NDAR CGL Investment Summar-y—Adopt i��vestment summary foi�month endinb .Ianuary 31, 2020 (Uepartment of�ldministrative Services) CC-2. 1707 Vistazo West Street—Adopt Resolution denying appeal of Design Review Board approval of Site Plan and Architect�u�al Review for coi�struction of additions to an eaisting sinble-family dwellinb with a Variance for�-educed side setback (Community Developi��ent Department) MOTION: To adopt Consent Calendar Items l-2, as written. Moved: Thier, seconded by Welner � VOTE: Al'ES: Fredericks, Kulil<, Thiei-, Welner ; AI3SENT: One Vacant Seat � ACTION ITEMS AI-1. Appointrnents to Boards and Commissions—Consider reappoi��ti��ent of commissioners ��hose terms have expi�-ed or appointment ofi new meinbers to boards & commissiuns (Dep�rtment o1�Administrative Services) Town Clerl< Stefai�i said the Co�u�cil would consider the ani�ual reappointments or new appointments to boards a��d commissions. She said a ��umber of commissionel-s had indicated they wo�ild lil<e to be reappointed, a��d the Council has also i��te�•viewed sever�l new applicants for the opening seats. She noted the Cc�uncil ��ould consider the appoi��tments fo�� the Pl�nninb Com��issio�� a��d t�he Heritage & Arts Commission at a later date due to conf7icts in schedulinb interviews for the ��e�� applica��t�s. Mayor Fredericl:s opcned the floor for public comment. There was noi�e. Puge 2 oJ�B '�� Toir�� Colu�cil r1�1r��rr[e.s #+03-2020 March -l. Z020 � � � MOTION: To rcappoint the followii�g coi��missio��ers whose terms expired o�� February 29, 2020: Erin B�u�ns (Belvcdere-Tib�iron Joii�t Recreatioi� Committee), Biyan Cho�� (Design Revie�� Board), Suzanne Kim (Design Review Board), and Anbela � Mcln�rney (Parl<s. Open Space a��d Trails Co�nmission) to new four year terms, eXpll'lll� O11 F��1'Ual'V 29, Zn24. Moved: Thier, seconded by Welner VOTE: AYES: Fredericl<s, Kulilc. Thier, Welner ABSCNT: One Vaca��t Seat Vice Mayor Thier made a motioi� to appoii�t Bronia Hill to the 1•emaining vacancy on the Parks, Open Space and Trails Commissioi�. The motioi� failed. MOTION: To appoii�t Timothy Burr to the Pai-ks, Open Space and Trails Commission. Moved: I<ulik. seconded by Fredericl<s VOTE: AYES: Fredericics, Kulil<, 'l�hier, Welner ABSENT: One Vacant Seat AI-2. Integrated Pest Mana�ement Policy—Consider adoption of updated policy and coi�sider i-eferi-al ot�policy to tl�e Parl<s, Open Space and Trails Co��mission foi•fu►•ther � study (Department of P�iblic Works) � Director of� Public Worl<s/"i�own Engii�eer- Barnes said the Council approved an Integrated Pest Mana�ement (IPM) policy in 2014 that allows for limited use of hei•bicides to control weeds and � invasive species. 1-le said staff recently recei�-ed corresponde��ce expressing conceri� about the �� use ofLifeline, the hcrbicide currently used in accordance with the IPM. � Director Barnes said at the February 19 To�vn Co��ncil meeting, staff was asked to modify the existinb policy to match existing practice. a��d the updated policy is before the Council tonight. Vice Mayor Thier pointed out several inconsistencies in the proposed updated policy and said � there were several points missing that haci beei� i�� tl�e prior policy. She reviewed those points, � which related to the use of pesticide. includinb use arow�d picnic areas and playgrounds, employee safety traii�ing. postin�� notice of sprayinb, and record keeping. Thier recommended � several amendments to tl�e policy and asl<ed thc Co��ncil to consider these ai�iendments d�u�ing i their discussion. � Councilmember l�ulil: asl<ed the To��n Eltton�ey if he had any conceri�s about the proposed policy and if� it was le��ally sound. "i�own Attorney Stocl< said the docume»t was lebally sound, � and the proposed amei�dments will i�ot u��dermine any legality issues. ; Mayor Fredericl<s asl<ed fo�� confirmation ti-<�m staff that the proposed policy, includinb the 1 i-ecom��ended amendments, �vill reflect curi-ent policy. Director Barnes co»firmed this point. I Mayor Fredericl<s opened thc tloor fior public ci�mment. Page 3 qf 8 To�i�n Cozn��cilll�Iinzdes 't03-2020 1Llurch -/. _7020 � Helene Ma�•sh asl<ed the Council to consider sending tl�e policy to the Par]<s, Opei� Space a��d �� Trails Com��ission for turth�r assessment and updated and noted that pest i��anabement practices have changed in the years since thc policy was written. Carolyn Loci also spol<e i�� support of sei�ciing the policy to the Parl<s, Open S�ace and Trails Commission for further review. Mayor Fredericks closed the tloor for public comment. Councilmember 1{ulik believed tl�� Council had served the transpai-ency eleme��t of any co��cerns about the IPM policy by updating the language to reflect c�n-rent practice, which had been done. He also stiippo�•ted the idea of sending the IPM policy to the Parl<s, Ope�� Space and Trails Commission as an ii�formational presentation. Mayor Fredericl<s commented on the he�lth and safety concerns regarding toxicity of substances, at which dosage level certain substances are toxic, and the lil<elihood ti�at one will encoui�tei- a toxic substa��ce. She supported Councilmember K�ilik's sug�estio�� witl� Vice Mayo►- Thier's recommended ame��dments. Councili��ember Welner a�reecl. Vice Mayor Thier expressed she fiavored a pesticide-fi-ee policy and would prefer Tiburon ��ot �� use Life(ine or other toxic chemicals. She also i-equested that the matter be i-efe►•►•ed to the Parl<s, Open Space and Trails Commissioi� fo�- a full public process and an opportunity fo�- POST to �� send coi��ments back to To�vn Co�mcil. She the�� read the i-ecommended amendme��ts into the record as listed below. All amendmei�ts will be made to the IPM Policy, as provided as Exhibit 3. � • Page 1, Section "What is IPM". Line 2 to read as "...cultural, mechanical, physical, �� and/or chemical..." � • Pa�e 2, Section "1PM Goals". #4 to i-ead as "The Town of Tiburon will use pesticides � � only whei� necessa�y ai�d will seleet a pesticide that is both e�ffective and least toxic." � • Pabe 2, Section "IPM Goals��, #i�5 to read as "...picnic areas, Town Hall and the Police '� Statioi� pro��erly ��ill be desibnated as pesticide free.�' • Page 4, Sectioi� "Education �nd Trainii�g of Staff°, Line 2 to read as "...Tow�� parlcs, �� landscapeci areas, and other essential public lands. or with purchasinb, storage, � handling..." • I'abe 4, Section '`Education and 1�rainin<,� oi�Stai-f', to add as the last sentence of Paragraph 2: "Page 9 is a sample of the em�loyee pesticicle safety training record all applicators are r-equired to complete." • Pa�e 4, Section `�Criteria and Selectioi� for Use of Herbicides". to add as the ti�-st se��te��ce of tl�e section: "There shall be no ��on-exempt herbicide applieations permitted ��itl�in 'To��n playgrounds, picnic table areas, and on tl�e �rounds of To��n Hall and the Police Department.�� ; • Pa�e 4, Section "Criteria a��cl Selection fior Use of Herbicides", L,ine 4 to read as "...appearance of public areas and Town facilities.'� � ' • Page 5, Section "Notitication of Pesticide Application'' to delete the first sentence. � Puge 4 of 8 To�i�n Cotrr�cil�19ii�ute,s =�03-?0'U �lurch -�. 2020 � ' • Pa�e 5, Section "Record KeeE�ing of Pesticide Applications", Line 4 to read as "...shall �� mai��tain these records for a period of f'our ye�rs as active tiles..." • Page 6; Sectio�� "Record Keeping of Pesticide Applications", Line 8 to read as "a sample of which is attached as Pa�,�e 9, ancl the local form attaehecl as page 10." • Page 6, Section `Tlon Herbicidal Pesticide Use" to add as tl�e last sentence: "The public notification provisions of this policy shall also govern the application of non- herbieidal pesticides." • Page 7 (Attachment A) to add "12. Iligl��ay 131 medians. 13. Corporation Yard" MOTION: To adopt the updated IPM Policy with corrections and refer th� 2020 IPM to POST for an information presentation and discussion. Moved: lCulilc, seconded by Thier � VOTE: AYES: Fredericl<s_ 1<ulil<. Thier, Welner ABSENT: One Vacant Seat � PUBLIC HEARINGS PH-1. 490 Ridge Road —Considcr appeal of Planninb Commission inter-pretation detei-mination for the application of Tiburon Mui�icipal Code section 16-52.030 (Vat-iance) (Community Development Departi��ent) Applicant(s): Stephei� Schwartz. Owner � Appellant(s): Cavi 1985_ LLC � Address: 490 Ridbe Road � Assessor Parcel No.: 059-082-06 Staff Report ' Town Attorney Stocl< said the Council would be reviewinb a zoning interpretation issue: does a � lot covera;e var-iance that was previo�isly granted to a property provide either the current owner � the flexibility to use that allotted lot coverage amou��t in a config�u-ation differ�ent than the site � plai� proposed when the excess lot coverage v�u�iance ��as granted (varia��ce is a n�u��ber o��ly) or �'� does the lot coverabe variance apply only to the proposed ii��provement that was presented when ' the variance was �rai�ted (variance is a i��u�iber ai�d tied to approved location)? He reviewed the history of the property. ��vhich h�s been ��ibject to a variety of pla��ninb review processes ovcr the years, includin� various lot coverage expa��sions; and the most recent �7�odificatioi�s sought to the property. To��n Attorney Stocl< said the Council had most rece��tly partially granted an appeal that ��ould be limited to a specific configuration ofthe proposed deel< expansion. He said the owner had since abandoned those plans, and submitted a new application, � which would result in a recontiguratio�� ol�the decl<inb. i Town Attorney Stocl< e�plaii�ed tl�e q��estion that had bee�� -eferred to th� Pianninb Con�mission ( was whethe�• the applicant must seel< a variance to usr the excess lot coverabe to this new � coni�iguration. The Planni��g Con��mission determined that a new varia��ce application is not � Pa,�e J of 8 Toi�i�r� Cozmcil�1�7im�tes #03-202U :��1cn•ch -�. ?020 �� required if the Design Review Board determii�es that the prior variance was for "numbe►- only". �� '�� That decisio�� has now bee�� appealed to tl�e Town Council. He also noted that an adi��inistrative policy was recei�tly discovered that indicates the Town has had a past practice of constc�iinb prior variances nai-i-owly at that the location of the imp�-ovement that acco»�panied the lot coverage variance were intended to be linl<ed. He said the Plai�ni�� Coi��mission did not havc the benei�it oi�reviewing this policy when it made its decisio��. The Council aslced several clarifyii�g questions. To�m Attorney Stocl< explained the Cou��cil is reviewing the Plar��ing Comi��ission's i��tei-pretation about whether lot coverage variances should be co��sidei-ed as a nuinber only, or tied to a location, by defauit. He also added the ad�ninisti•ative policy's stated practicc has beei� in place since approximately tl�e 1970s. Appellant Presentation Alessandro Beraldi, appella��t ancl ��eighbor, reviewed the history of the deck expa��sion proposals, and the appeals to t�he Town Co�mcil. He said the Coui�cii's direction was to condition the pi•oject on a certain size; shape, and location, but the i�ew proposal puts square footage bacl< in areas that had been originally contested. I-le spol<e about privacy a��d t�oise and expressed disappoii�tmei�t that the application was continually reciu-ri��g. Mr. Beraldi argued that a lot covera��c ��ai-iai�ce should not be i��terpreted as "nu��ber only". If it � was, he said, he should be able to apply for a lot coverage for l�is property without pi-oject plans, �� which he cannot do. He asl<ed how a lot coverabe variance could be a ``number o»ly" by default if a person is ��nable to get a numbcr for their property without also reviewing project plans. Of the Plannin� Con�mission review, he noted a n�imber of points the Commission did not hear and misinformation p�•ovided when mal<ii�b their interpretation, including the administrative policy, which speaks in favor of lot cover-a<,�e variai�ces bein� tied to a specific locatio�l. Mi•. Beraldi also noted that variances require certaii� tindii�gs to be n�ade, some of which are inherently tied to the locatio�� of the proposed improve��ent. He believed a new variance application should be required and hoped the Council would mal<e that i��terpretation toni�ht. Applicant Presentation Stephen Schwartz, applicant and properry owner. said the Desibn Revie�-v Board did ��ot tind his proposal injurious to the neibhbor. and the proposal is still no closer to or visible from the ' appellant's property. He said the prior vai�iances �rranted to the property l�ad no impact on the sui-roundi��g ��eibhbors, a��d he believed tl�at by passing the findi��gs for the variance that the '� propei•ty was now allocated at a certain lot coverabe amou��t due to the topography and nattn-e of � the way the home ��as built. ` He said he redesibned the proposal hoping to tind a con��on-sense solution to the disagreement. ' He said tl�ere was no ii�te��tioi� of� "incremental creep" and he intended to stay within the �� parameters previously set. He reiterated his proposal dici ��ot impact the appellant. ' Page 6 q f 8 Tori�i� Co�rncil Mii��i�tes #03-?OZO �t9urch -/, 2020 ` � - ___ _ _ �. '�� Mr. Schwartz said he would have no objection to anotl�er revie�v b� the Desi�n Review Board, but would object to a requiremei�t of requesting an additional variance. He as]<ed the Council to consider the i��plicatio�� of� that i��teipretation: would ai�y property owner with a lot coverage variance have to disclose at sale of the property that any exterior modifcations ��ay require mal<inb variance findings abain`? Hc noted that could be an obstacle for many people and said many homes in his neighborhood ali-eaciy have lot coverage variances. � He said he thought he was offeri�� a simple solution that had no impact on any s�irrou»ding neighbors a»d concluded his i-eport. � Public Comment There was none. Appellant Rebuttal Mr. Beraldi believed the process of requestinb a variance for their property whe» required should be respected. ]-ie spoke about a property owner's "assumptions at pur•chase", meani»g buyers sho��ld have the expectation that they can develop within the la��, and neighboring properties can � develop witl�in the law as well. I-le believed t�he administrative policy was clear and did not � believe this hearing would have been necessary if all parties had i-ead and i��derstood it earlier. �� Applicant Rebuttal Mr. Schwar•tz said he wanted to worl< within the paramcters of the s_ystein and process. He said he l�ad received unanimous approval for his project from tl�e Desibn Review Board tlu-ee times � and believed there was an issue with coi�sistency between the 7�own Council and Desigi� Review Board. Mi•. Scl�wartz said deali��b with such ii�consistencies between legislative bodies is corrfusing, difticult, and exp�nsive for hoi�ieowners. 11e said there were valid reasons for the varia��ces on his property, and each one affected i�o one. He said he ��°as attempti��g to present an aesthetically pleasin� proposal. i Town Council Deliberation j i Mayor Ff-ede►-icks said the Co�u�cil`s role in this hearin�� was to deliberate about the zoning � interpretation issue, and not the i��erits o1�the ap}�lication. She asl<ed �-vhat the process would be for Mr. Schwartz if the Council determines the default zoi�i�� ii�terpretation was that the � approved variance is tied to a location. 7�owi� Attorney Stocl< explained tl�at the previous project j approved by the Council may still stand, but a new conti��uration or application would go � thro��gh the application and variance process with the Desi�� Revie�v Board. �� Co�incil��ember Welner believed a variance�s fiii�dii�gs are specitir to a project as proposed, I including the location. He said the admii�istrative policy lil<ely captures what tl�e Town's policy � would lil<ely be had it ever been formally written. He said there had heen some discussio�� about � , the Council's resolution i�ot mal<ing specific retei�ence to the location. but recalled the Council's Pagc 7 oJ�B Toi��» Cr�uncilltlrmrte,s #O3-20?0 :��larch d, ?020 prior disc��ssioi� was sii��ply a condition to build in a spccitic spot. i�ot a�� invitation to have transferable i•ibhts to an are�. Mayor Fredericl<s a�reed with Welner�s assessme:��t and said an approved variance is based on specitic fi��dings, which inherently refer to number and location. Vice Mayor Thier believcd homeowners i�eed coi�sistcnt applicatioi� oi�the rules ai�d need to be able to rely on the decisions that are made, so buyers can reliably understai�d the i•estl•ictioi�s on tl�eir property when they purchase it. She a�reed that the lot coverage variance n�m�ber should be tied to the location of the proposed impi°ovement, and 1�urther added that variances are application specific and �1eed to consider the locatioi� when mal:ing the �tindi��gs. Coui�cilmei��ber Kulil< said the Council had heard in the staff�report that prior Town practice has been to consider a lot coverabe variai�ce as tied to the location and i��u��ber, a��d the impact of ihe opposite might worsen the situation. He said if the variance was just a number that co�ild be transferred thi•ougho��t the property, a buyer or neighbor�s assumptions at purchase of a property could be destroyed. He suggested so��e type of formal coditication of the adininistrative policy stating a lot coverage vai•iance relates to the ��umbee a��d locatioi� of the improveme��t and said he would be in favor ol�granting the appeal. MOTION: 7'o grant the appeal and dii•ect staff to return with an appropriate resolutioi� for considei•ation of adoptioi� at the next Town Council meetii�b. Moved: Kulilc, seconded by Thier VOTE: AYES: Fredericl<s, Kulil<. Thier. Welner ABSENT: One Vacant Seat TOWN COUNCIL R�PORTS None. TOWN MANAG�R REPORT None. WEEKLY llIG�STS Received. ADJOURNM�IVT There beinb ��o f�u�ther business before the Towi� Coiu�cil ofthe Town ofTiburon, Mayol- � Fredericl<s adjourned the meetinb at 9:50 p.m. � � �� s� — �> �� ; ,� � / ' i . , ` �r. F`� : . nl.�cr: �=fz��r,t��c�cs. MnYOK ATTEST: � ��y �f�_.�J�'��('��,�r.�a �.. LEA STEFt�NI. TOWN CLERK � Page 8 qf�8 Toirn Coi+ncil Nli��rz�rt��s #03-2020 ��1cn•ch -1, 20�'0 � � i