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HomeMy WebLinkAboutTC Min 1996-02-07 .~ ~, TOWN COUNCIL MINUTES CALL TO ORDER Mayor Wolf called the regular meeting of the Town Council of the Town of Tiburon to order at 7:30 P.M., Wednesday, February 7, 1996, in Council Chambers, 1101 Tiburon Boulevard, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: EX OFFICIO: Hennessy, Thayer, Thompson, Wolf, Ginalski (8:00 p.m.) None Town Manager Kleinert, Town Attorneys Sharp & Danforth, Planning Director Anderson, Contract Planner A1lsep (8:00 p.m.),Town Engineer Moharnmadi (8:00 p.m.), Building Official Bloomquist (8:00 p.m.), Town Clerk Crane B. ANNOUNCEMENT OF CLOSED SESSION ACTION Town Attorney Danforth announced that Council had decided not to join in the appeal of Kucera r- v. Lizza but that it was possible the Town would file an amicus brief Council directed Staff to take another look at the Town's View Ordinance. C. INTRODUCTION OF TOWN EMPLOYEE Town Manager Klienert introduced Town Attorney Ann Danforth, Mayor Wolf thanked Interim Town Attorney John Sharp for his work. D. PUBLIC OUESTIONS AND COMMENTS Mayor Wolf showed a plaque and flag set given to the Town by a visiting Council member from Rockdale, Australia. E. COUNCIL. COMMISSION & COMMITtEE REPORTS Building Advisory Committee Chair Jim Wilson said the schematic design of the new Town Hall had received an excellent review by the Design Review Board on January 4, 1996. He said there were no critical comments that had not already been taken care of He estimated that the Design Development stage would last until the end of February, and that the mechanicaVelectrical and structural portions of the project would go out to bid in late Mayor early June. Chair Wilson distributed copies of the latest cost estimate showing the project still at budget per the original project cost of$1.4M. ~ TOWN COUNCIL MINUTES #1078 February7,1996 1 I"" Council thanked Wilson for his work and said they were pleased with the progress to date. F. CONSENT CALENDAR 3. Signature Authorization for Town Checks (Resolution) 4, December Investment Summary MOTION: Moved: Vote: To Approve Consent Calendar Thayer, Seconded by Hennessy AYES: Unanimous G. UNFINISHED BUSINESS 5. BelvederetTiburon Community Library - A. Conveyance of Mar West Property. Interim Town Attorney Sharp said language had been added to the quitclaim deed to state that the property was being conveyed with no representations regarding hazards, and that a two-year limitation period had been placed on reversion. He said that the metes and bounds description of the property was still outstanding and that a modification to drainage easement with Home Savings was in process. He estimated that these items could be concluded within 30 days. Council continued the item. B. Right of Entry Agreement. Town Attorney Danforth said the Library Agency needed a right I"" of entry to pass over [a small strip of the Town's] land in order to start construction of a parking lot which would be used by both buildings, and that the resolution authorized the Town Manager to negotiate the agreement. Council directed Town Manager Kleinert to begin the negotiation. Approval of the agreement was continued to next meeting. C. Zelinsky Family Memorial. Town Manager Kleinert said that Council had previously agreed to a memorial for the Zelinsky Family in recognition of their contributions to the Town. He said the proposed memorial plaza would be located in the flood plain area behind the new Town Hall. Council agreed that Mayor Wolf would send a letter to the Zelinsky Family stating the Town's intention to install this memorial. D. Ordinance Establishing Processing Procedures. Councilmember Thayer summarized that the ordinance allowed an exemption for the new library from the Town's zoning ordinance, and established the scope and limits of the procedural processing review. Motion: To Adopt Resolution Approving Conveyance of the Town Property at Mar West and Tiburon Boulevard to the Library Agency for Construction of a New Library Thompson, Seconded by Hennessy AYES: Unanimous Moved: Vote: Motion: To Adopt Resolution Authorizing Town Manager to Negotiate a Right of Entry Agreement I'"" TOWN COUNCIL MINUTES #1078 February 7, 1996 2 - Moved: Vote: Motion: Moved: Vote: Thayer, Seconded by Hennessy AYES: Unanimous To Read by title only the Ordinance Authorizing Processing Procedures for the new Library Thayer, Seconded by Thompson AYES: Unanimous Mayor Wolf read, "An Ordinance of the Town Council of the Town ofTiburon Establishing Planning and Approval Procedures for the Belvedere- Tiburon Municipal Library." Motion: Moved: Vote: To Pass Second Reading and Adoption Hennessy, Seconded by Thompson AYES: Ginalski, Hennessy, Thayer, Thompson, Wolf NOES: . None ABSENT: None 6. Review of Plans for Construction at 1860 Centro West. Item movedforward H. PUBLIC HEARING _ 7. Linda Vista Undergrounding Project. Town Manager Kleinert commended Betty Girtler for her work in organizing the effort, started in 1993, on behalf of the neighborhood. He said it was a Rule 20(b) project, therefore the cost was to be borne by the property owners. During public hearing, Dan Bort of Orrick, Herrington & Sutcliffe, bond counsel for the project, said he hoped the bids would be below estimate ($100,000). He also stated the property owners had agreed to raise their assessments to lower the assessment on Lot # 1. Betty Girtler, 11 Linda Vista, said there would be improved views and benefits for the represented 10 property owners. Larry Mitchell, 2310 Paradise Drive, thanked Betty, and said there would be improved views and safety [from wind storms] by undergrounding the utilities. Irving Schwartz, District Engineer, said there were nine bidders on the project. Item continued to second hearing on March 6. 8. Appeal of Design Review Board Decision denying applications to construct ramps and rails at 13-19,38 and 10 Main Street. Interim Town Attorney John Sharp cited safety and design concerns for the denial and suggested that the plaintiffs in the lawsuit would ask the Town to supersede its usual procedures and police powers in order to grant the applications. He also said the plaintiffs would contend that the Town had its own design for Main Street that it wanted to promote. He told Council that he would advise them in closed session regarding the above issues, ,...., TOWN COUNCIL MINUTES #1078 3 February 7, 1996 I""" and suggested that Council consider the appeals per their usual procedure but refrain from making a final decision that night. Contract Planner A1lsep described the applications and said that the Design Review Board had considered the orderly development and preservation of the Town, as well as public health, safety and welfare in denying the applications. She suggested that the application for a ramp at 10 Main Street was different in that it fronted a pedestrian plaza [on Tiburon Boulevard]. AIlsep said that with certain changes that application might be remanded to the DRB. She recommended upholding the denial of the other two applications. Town Engineer Moharnmadi cited the Building Code and traffic safety concerns as reasons for upholding the decision ofDRB. Mayor Wolf opened the public hearing. Patrick Connally, plaintiff in Conna/lv v. Main Street Businesses, resident of San Rafae~ said Town Staffwas engaging in "handicapism" and that he was tired of having his civil rights denied. He said that if the Town was receiving any federal funding, it should comply with the Americans with Disabilities Act for public access. Councilmember Ginalski took exception to Mr. Connally's remarks about "handicapism." I" Vernon Cox, Executive Director of Next Step, and staff person with the Marin Country Center for Independent Living, resident of Mill Valley, said that he and Town Manager Kleinert had participated in a "barrier awareness" day several years ago. He said that changes were needed in order to make some of the stores on Main Street accessible. Arnir Zandvakili, defendant, resident of Piedmont, asked Council to consider all the points made by Town Staff, and said his ramp would be made of the same material as the [pedestrian] plaza. Ellen Lever, resident of Mill Valley, said that aesthetics did not have to be compromised and asked Council not to leave out disabled persons for reasons of aesthetics. She said disabled persons have money to spend and would like to spend it in [Tiburon] stores. Russ Bulke, resident of Larkspur, member of "Indoor Sports Club" said he did not want to be "helped" and wanted to go into a store and look around for himself. Dian Ashley, President of Tiburon Peninsula Chamber of Commerce, said all the [Tiburon] merchants were concerned about access but called for patience in working towards a solution. Dennis Perkins, resident of Mill Valley, (and employee of Main Street Properties), asked where in the Town code the laying of sidewalk (i.e. ramps) was prohibited, and asked why an encroachment permit was needed. r' TOWN COUNCIL MINUTES #1078 February 7, 1996 4 - Building Official Bloomquist said that the proposed ramps were not sidewalks, and therefore were not exempt. Gary Gravallo, Hassard, Bonnington Law Firm, attorney for Main Street Properties, asked why the ramp application at 10 Main Street would be considered and what was different between that ramp and the proposed ramp at 38 Main Street. Town Engineer Moharnmadi said that Town Staff had to compare all the ramp applications on Main Street and look at them as a "ramp system." He said the ramp at 38 Main Street would force pedestrians out into the street and therefore was not safe. Councilmember Hennessy asked Mr. Gravallo ifhe had considered changing the entrance to 38 Main Street to the side of the restaurant [Rooney's]. Mr. Gravallo said he had not. Emmett Stanton, Pillsbury, Madison & Sutro, attorney for the Purdy Family Trust, said that the Town had put forward "bogus" safety issues and aesthetics and if the Town continued to deny the applications, it would become a party to the lawsuit. Tom Frankovich, attorney for Plaintiffs, 586 Virginia Drive, said that all the businesses wanted to settle and that plaintiffs did not want to bring the Town into the lawsuit. - Mayor Wolf asked if [ramps for] all the businesses in the lawsuit were represented on [the Planning Department's] map. Mr. Frankovich said that Tiburon Tommie's was not shown. Councilrnember Hennessy asked Mr. Frankovich ifhe knew of any other communities that were faced with the prospect of "undulating sidewalks." Mr. Frankovich cited South San Francisco. Mayor Wolf closed the public hearing. Councilmember Hennessy questioned how a person using a walker would be able to get around on an undulating sidewalk. She also said that not all the solutions had been looked at. Councilmember Ginalski reserved comment until after the closed session. Councilrnember Thayer concurred with Ginalski. Councilmember Thompson concurred but said the Town wanted to comply with ADA but had to face issues of public health and safety. He said he was disappointed that the property owners had not looked at other solutions. Mayor Wolf thanked everyone for coming and echoed Thompson's comments that the Town wanted to accomodate everyone. Item was continued for discussion in closed session on February 20 and for further comment and Council action on February 21. ~ TOWN COUNCIL MINUTES #1078 February 7, 1996 5 "'" 6. Review of Plans for Construction of Two Dwellings at 1860 Centro West - Williams. Interim Town Attorney John Sharp said the compromises proposed by the Williams had been received and complied with the timing set forth in the Settlement Agreement. Contract Planner A1lsep reviewed the following proposed changes and said that there were no negative impacts in her opinion: 1) Pool & pump - same locationlbuild enclosure for pool pump. 2) Retaining Wall- no changes except additional landscaping. 3) Redwood [on corner or property]to be replaced by English Hawthorne; other redwoods not on Williams' property. 4) Darker color for South Residence/exposed logs & beams to be eliminated and replaced by trellis & halflogs. The Williams answered questions posed by Council concerning their changes. They explained the reason for leaving the pool in the same location was because it fronted on a vacant lot and got the most exposure to the sun. During public hearing, Susan Ashton, 1846 Centro West, wanted to be sure that nothing would be planted in the path [sewer easement where redwoods had been proposed]. She also expressed concern about potential slides from the moving of dirt around the lots. Contract Planner A1lsep said a soils report and plan would be required in order to issue a permit. Hearing returned to Council. r- Councilmember Thayer said the Williams had been responsive to Council's suggestions and he was ready to move forward, Councilmembers Thompson, Hennessy & Ginalski concurred. Mayor Wolf expressed empathy with the neighbors but said the Williams had done what they needed to do and hoped they would be happy in their new house. She said she hoped that the wounds in the neighborhood would be healed in time. Motion: To approve the project as presented to Council including all new responses by the Williams and Conditions of Approval set forth by the Planning Department Thayer, Seconded by Hennessy AYES: Unanimous Moved: Vote: L NEW BUSINESS 9. Amend Building Regulations Ordinance, Planning Director Anderson said the ordinance was amended every three years in order to adopt new codes. He also said it included the revised holiday schedule previously adopted by Council. Motion: Moved: To read ordinance by title only Thayer, seconded by Thompson ~ TOWN COUNCIL MINUTES #1078 February 7, 1996 6 Vote: AYES: Unanimous Mayor Wolf read, "An Ordinance of the Town Council of the Town of Tiburon Amending in its entirety Chapter 13 of the Municipal Code (Building Regulations)." Motion: Moved: Vote: To pass first reading Hennessy, seconded by Thayer AYES: Hennessy, Ginalski, Thayer, Thompson, Wolf L. STAFF & TOWN MANAGER REPORTS 10. Belvedere/Tiburon Recycling Committee. T own Manager Kleinert gave a brief report on proposed structure [7 members/3-year terms]. Mayor Wolf asked for concurrence with Belvedere and proposed terms staggered by lottery. Council agreed to interview applicants on February 20 and to make appointments on February 21. K. COMMUNICATIONS Town Manager Kleinert asked if anyone was interested in serving on the ad hoc MCCMC PG&E Committee. Councilmember Thayer said he would work "behind the scenes" but cited a potential conflict of interest if he were appointed. Mayor Wolf asked that the item be agendized for further discussion. M. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Wolf adjourned the meeting at 10:42 p.m., to Tuesday, February 20, 1996, 7:00 p.m. d/' (/-7 ?v.--f/ ~CKY WOLF, MAYOR ATTEST: DIANE L. CRANE, TOWN CLERK TOWN COUNCIL MINUTES #1078 February 7, 1996 7