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HomeMy WebLinkAboutTC Min 1991-03-06 TOWN COUNCIL MINUTES CALL TO ORDER Mayor Logan called the closed session of the Town Council of the Town of Tiburon to order at 6:30 p.m., Wednesday, March 6, 1991, in Room 5, Del Mar School, Tiburon, California. CALL TO ORDER Mayor Logan called the regular meeting of the Town Council of the Town of Tiburon to order at 7:10 p.m., Wednesday, March 6, 1991, in Room 5, Del Mar School, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Friedman, Thayer, Logan ABSENT: COUNCILMEMBERS: Coxhead, Kuhn EX OFFICIO: Town Manager Kleinert, Town Attorney Ewing, Town Engineer Bala, Supt. of Public Works Iacopi, Planning Director Lohman, Finance Director Stranzl, Police Chief Herley, Town Clerk Hennessy, Minute Clerk Kearney. B. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITfEES Mayor Logan recommended Becky Clelland be appointed to the Planning Commission. Motion: To approve the appointment of Becky Clelland to the Planning Commission. Thayer, Seconded by Friedman AYES: Unanimous ABSENT: Coxhead, Kuhn Moved: Vote: C. PUBLIC OUESTIONS AND COMMENTS (1) Don Batten, representing the Tiburon Chamber of Commerce, presented Council with yellow ribbons symbolizing the Town's plea for continued peace TOWN COUNCIL MINUTES #903 3/6/91 1 in the Middle East. (2) Former Councilmember Frank Shaw requested the various homeowner's associations be notified of future budget hearings when discussions of capital improvements will be occurring. The Town Manager indicated that such notification will occur and the Town will forward the Town Engineer and Public Works recommendations with cost estimates for capital improvements to the various homeowner's associations for their consideration prior to budget hearings. D. CONSENT CALENDAR Regarding Item No.2, the Town Manager indicated that Tiburon will be joining efforts with Belvedere to create an entry in the Marin Earth Day 1991 Parade, scheduled for Sunday, April 21, 1991, at 1:00 p.m. Motion: Moved: Vote: To approve the Consent Calendar consisting of the following items: 1. APPROVAL OF MINUTES #902, February 20, 1991. 2. MARIN EARTH DAY APRIL 21, 1991 - Resolution 3. 101 CORRIDOR COMMITTEE (Approve Appropriation of $3,570 to Support County Planning Efforts for Highway 101) Thayer, Seconded by Friedman AYES: Unanimous ABSENT: Coxhead, Kuhn E. PUBLIC HEARINGS 4. DOOR-TO-DOOR SOLICITATION ORDINANCE (Regulations to Control Door-to-Door Solicitation, Ordinance, 2nd Reading) Mayor Logan opened the public hearing; and upon hearing no public comment, closed the public hearing. Motion: Moved: Vote: Motion: To read the Ordinance by title only. Friedman, Seconded by Thayer AYES: Unanimous ABSENT: Coxhead, Kuhn To pass second reading of AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING SECTION 25-4 OF THE TIBURON MUNICIPAL CODE REGULATING DOOR- TO-DOOR SOLICITORS. TOWN COUNCIL MINUTES #903 3/6/91 2 Moved: Vote: Friedman, Seconded by Thayer AYES: Friedman, Thayer, Logan NOES: None ABSENT: Coxhead, Kuhn 5. APPEAL BOARD OF ADJUSTMENTS & REVIEW DECISION (A.P.# 39-011-02; 2 Hacienda Drive; Applicant: Mr. & Mrs. Nuanual; Appellant: Ute McKee & Neighbors, Approval of Remodel & Addition) The Planning Director reviewed the staff report and presented a video of the proposed site. He stated this proposal was submitted prior to passage of the new Zoning Ordinance; therefore, the applicants' addition would bring the total lot coverage to 3272 square feet or 27.9% which is still within the 30% lot coverage requirement under the previous zoning ordinance. Further, he stated it is difficult to assess the impact of the proposed structure on the surrounding neighborhood because of the existing dense vegetation. Ute McKee, representing the 12 appellants, stated their appeal is based on their concerns that the proposed structure will be too massive and will loom over her home at 4 Benton Court, will negatively impact the privacy at 4 Benton Court because of the proposed windows on the west side and the removal of vegetation which will result in reduced valuation of the home, and will be out of proportion with comparable homes in the neighborhood. Further, she stated the neighbors were not adequately notified of the second BAR meeting when the re-design proposal was being considered. Robert Julien, neighbor and representing the applicant, stated the design has been scaled down to 25 feet in height; the existing story poles represent the first application, not the current application; the scale of the proposed structure is not out of proportion with other houses in the neighborhood, including the Turtle Rock area; all vegetation will remain except for one tree; the solarium windows which Ms. McKee is concerned will effect her privacy are two stories high and the proposed fence will obstruct the view to her house; and the two bathroom windows will be of obscure glass. He submitted two letters from neighbors at 1 Hacienda Drive and 2 Warren Court, indicating their approval of the proposed project; and he submitted photographs from various locations of the proposed site. Council discussed with the architect the proposed height, grading and landscaping proposals. Mayor Logan opened the public hearing. Resident, 5 Benton Court, stated that the Hacienda Drive and Benton Court areas TOWN COUNCIL MINUTES #903 3/6/91 3 cannot be compared to the Turtle Rock area as they are substantially different neighborhoods in character and this proposed structure would be too massive for the Benton Court neighborhood. She stated Benton Court has a rustic atmosphere with most of the homes being constructed of wood, and the proposed stucco exterior would be out of character. Also, she expressed concern that it would take a long time for vegetation to grow 6 feet to cover the proposed wall. Upon hearing no further public comment, Mayor Logan closed the public hearing. Councilmember Friedman expressed concern that the three members of the BAR who initially reviewed the application were absent at the second meeting and that this is an ongoing problem with the BAR. He stated that the landscaping issue should have been considered with the design of the addition, not separately. Also, he stated the existing vegetation diminishes the impact; therefore, he would deny the appeal if the bathroom windows on the west side are frosted glass, the guest bedroom window on the west side is removed, and the proposed fence is appropriately designed and landscaped to reduce its impact on 4 Benton Court. Vice-Mayor Thayer concurred with Councilmember Friedman's comments and recommendations, but added the proposed stucco wall should be revised to be constructed of wood articulating down the hill with appropriate landscaping. With those revisions, he would vote to reject the appeal. Mayor Logan agreed that although the design is pleasing, it is too massive for the neighborhood and has a fortress-like quality. Also, he objects to the approved color board because it will make the house more noticeable, and would suggest darker colors be considered. Councilmember Friedman agreed that the color should be darker. Motion: Moved: Vote: To approve the design of the house with the elimination of the western window in guest bedroom; that the matter be referred to BAR for reconsideration of the color and for a complete landscaping plan with emphasis on preserving as much as possible of the existing vegetation; that necessary steps be taken to improve and enhance the view from 4 Benton Court including the structure of the fence and additional landscaping; and that the bathroom windows on the western elevation be opaque. Friedman, Seconded by Thayer AYES: Friedman, Thayer NOES: Logan ABSENT: Coxhead, Kuhn TOWN COUNCIL MINUTES #903 3/6/91 4 F. UNFINISHED BUSINESS 6. HILLHA VEN UNDERGROUNDING OF UTILITIES DISTRICT The Town Manager reviewed the staff report and stated the estimated cost of the project is $601,000 to be assessed over the entire project on a per parcel basis using the 4 to 1 benefit spread and a total of 58 parcels. He noted that Town Engineer is the District Engineer of Record, Dan Bort is the district bond counsel, Mark Pressman will oversee the Bonds and Financing aspects of the proceedings. He recommended Council adopt the resolution approving the Assessment District Boundary Map and accept the Engineer's report which includes plans and specifications, breakdown of cost estimates and improvements, and the individual assessments; and set the public hearing date. The property owners will be notified by certified mail of the hearing date and the proposed individual assessments. Dan Bort, district bond counsel, stated the assessment spread results in assessments on the uphill property owners of $16,599.94, and on the downhill property owners $4,159.98. Also, he stated the notice of improvement will include a statement that any future changes in the locations of connection boxes in the street will be solely at the expense of the property owner requesting that change. Mark Pressman stated they have not yet decided on whether there will be a 15 or 25 year amortization of the bond for payoff. Undergrounding from the street to the individual homes will require a signature on the petition indicating the property owner's request and the amount. He stated that every $100 for undergrounding from the street to the house will cost another $13.18 for financing costs. Dan Bort stated that although PG&E may be required to pay income taxes on the funds received from the district, they have indicated they would not attach those costs as part of the assessment costs for this project; but probably will be required to do so for future undergrounding projects. Fred Hannahs, 440 Ridge Road, praised PG&E and Town Staff for their cooperation and assistance in this effort. Motion: To approve A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING BOUNDARY MAP. Friedman, Seconded by Thayer AYES: Unanimous ABSENT: Coxhead, Kuhn Moved: Vote: Council set the hearing date for Monday, April 8, 1991, at 8:00 p.m. TOWN COUNCIL MINUTES #903 3/6/91 5 Motion: To approve A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ACCEPTING REPORT AND SETTING HEARING OF PROTESTS. Thayer, Seconded by Friedman AYES: Unanimous ABSENT: Coxhead, Kuhn Moved: Vote: 7. DONAHUE BUILDING (Status Report and Discussion of Possible Restoration & National Register of Historic Places Designation) The Town Manager noted receipt of a letter from the Landmarks Society requesting the Town's pursuit of achieving grant funding to assist in the preservation and maintenance of the Donahue Building through designation by the National Register of Historic Places. He recommended the application be prepared by a joint committee composed of two Heritage & Arts Commissioners; two Parks & Open Space Commissioners and one Landmark Society member; with the Heritage & Arts Commission serving as the Town's lead agency or contact during the application process. Also, he recommended full Commission and Council's review of the application prior to submittal, and that the POSC be directed to consider long-range uses of the Donahue Building and submit their recommendations to the Council prior to December 31, 1991. The Town Manager also reviewed the status of restoration, carpentry repairs, and painting currently underway and scheduled to be completed by April 1, 1991. Councilmember Friedman questioned what limitations and loss of control accompany designation by the National Register of Historic Places; and the Town Manager responded that the Town would only be restricted in altering any characteristic of historic significance. Stewart Hopkins requested the Bayside Condominium Association be represented on the proposed joint committee. Dean Lindsay, 314 Paradise Drive and POSC member, urged Council carefully consider possible restraints resulting from designation by the National Register and requested surrounding homeowners be advised of future meetings where discussions regarding this matter will be occurring. Beverly Bastion, of the Landmarks Society, stated that designation is difficult to achieve because of strict standards; but if designation is achieved, then the building is eligible for grant funding. If the requirements of designation are not observed, the building loses such designation. TOWN COUNCIL MINUTES #903 3/6/91 6 Motion: Moved: Vote: To support submittal of an application for the Donahue Building to receive National Register status; that a joint committee be formed composed of two Heritage & Arts Commissioners, two POSC Commissioners, one Landmarks Society Member and that the respective Commissioners be directed to select the appropriate members from their bodies to serve on this committee; that the final application be submitted to and reviewed by the full Commissions and Town Council prior to being forwarded to the State; that the Heritage & Arts Commission serve as the Town's lead agency or contact organization in regard to processing the application for Historic Register designation; and that the POSC be directed to consider proposed long-range uses of the Donahue Building and submit their formal recommendations to the Town Council prior to December 31, 1991. Thayer, Seconded by Friedman AYES: Unanimous ABSENT: Coxhead, Kuhn Councilmember Friedman requested staff notice the appropriate homeowners associations regarding future meetings on this matter. Mayor Logan requested Dean Lindsay be the POSC representative on the joint committee. 8. TOWN'S LONG RANGE FUNDING FOR GENERAL FUND OPERATIONS & CAPITAL IMPROVEMENT PROGRAM (Consideration of General Obligation Bonds, Utility Tax, and Parcel Tax Funding Options) Town Manager reviewed the background of this matter and emphasized the long range projections of the Town's operating budget and maintenance of current services which have priority over capital improvements. He stated the utility tax is the preferable option because it is protected from inflation and is based on ability to pay. He recommended Council consider the utility tax as the most practical and effective means of generating future additional General Fund revenues to satisfy the Town's long-range operational and Capital Improvement needs; that Staff be directed to provide further analysis and detailed data relating to the implementation of a utility tax for public and Council consideration; and that a public hearing be scheduled for April for consideration of the proposed utility tax. John Harrington, of the Citizens Finance Committee, stated more analysis should be completed to determine how the different levels of a utility tax would support TOWN COUNCIL MINUTES #903 3/6/91 7 General Fund needs as well as a capital improvements program. Councilmember Friedman recommended consideration of both the utility and parcel tax at the public hearing. Vice-Mayor Thayer concurred with Councilmember Friedman, but added his preference for the utility tax because it is more broadly based. However, he requested further comparison between the utility and parcel tax and more data on the utility tax and how it can be applied to, first, meet the general operating budget, as well as plans for capital improvements which will be become just as crucial as time passes. Mayor Logan agreed and scheduled Tuesday, April 9, 1991, at 7:00 p.m. for the public hearing to discuss these issues. Further, he directed Staff to notify the homeowner's associations; place a notice in the Independent Journal and The ARK regarding the hearing; and be prepared to provide detailed information at that time. G. NEW BUSINESS 9. BLACKIE'S PASTURE AND MCKEGNEY GREEN REGULATIONS (Formal Adoption of Rules & Regulations - Resolution and Ordinance, 1st Reading) The Town Attorney reviewed the staff report and recommended Council approve the resolution regulating parking at Blackie's Pasture by not allowing parking between the hours of 10:00 p.m. and 5:00 a.m.; not allowing truck tractor, semitrailer or tank vehicles to park at Blackie's Pasture; and vehicles in violation shall be removed under the direction of the Tiburon Police Department, with the amendment "at the owner's expense", or a citation may be issued. He also recommended the draft Blackie's Pasture regulations be approved which would prohibit parking of construction equipment unless specifically authorized by the Town Manager, or such equipment will be subject to removal, with the amendment "at the owner's expense". The proposed regulations also prohibit vehicle maintenance or repairs at Blackie's Pasture unless in an emergency. In regard to McKegney Green, the Town Attorney reviewed two new proposed regulations which include requiring groups with regularly recurring, informal events to obtain a use permit; and prohibiting the use of cleats, which are the m~or cause of turf damage, unless approved by use permit. Friedman questioned whether Mill Valley Refuse which uses Blackie's Pasture to transfer loads, etc., and other services beneficial to the Town would be prohibited TOWN COUNCIL MINUTES #903 3/6/91 8 from using Blackie's Pasture under the new Resolution and regulations; and the Town Attorney responded that those services benefitting the Town would be authorized by the Town Manager. George Solarno, POSC member, stated that it was the intent of the Commission to convey the sense to the community that the Blackie's Pasture area is in the process of becoming a park and the issue of allowing parking for even those services of benefit to the community must be addressed in the future. Stewart Hopkins questioned the possibility of installing parking meters in the Blackie's Pasture area and suggested an ad hoc committee be formed to survey how much funding is received from this source in other cities. Mayor Logan responded that this issue has been addressed previously and there is a strong sentiment among the Town's citizens not to install parking meters; but the Town will need to address new and additional funding sources and this may be a possibility to reconsider at a future time. Motion: Moved: Vote: Motion: Moved: Vote: Motion: Moved: Vote: Motion: Moved: Vote: To adopt A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON PROHIBITING OVERNIGHT PARKING AT BLACKIE'S PASTURE AND AUTHORIZING THE REMOVAL OF VEHICLES ILLEGALLY PARKED, as amended. Friedman, Seconded by Thayer AYES: Unanimous ABSENT: Coxhead, Kuhn To approve the proposed Regulations for Use of Blackie's Pasture, as amended; and the proposed Regulations for Use of McKegney Green. Friedman, Seconded by Thayer AYES: Unanimous ABSENT: Coxhead, Kuhn To read the Ordinance by title only. Friedman, Seconded by Thayer AYES: Unanimous ABSENT: Coxhead, Kuhn To pass 1st reading of AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING SECTION 18-4 OF THE TIBURON MUNICIPAL CODE TO MAKE VIOLATION OF PARK USE REGULATIONS AN INFRACTION. Thayer, Seconded by Friedman AYES: Friedman, Thayer, Logan NOES: None ABSENT: Coxhead, Kuhn TOWN COUNCIL MINUTES #903 3/6/91 9 10. WELL REGULATIONS (Consider Provisions to be Incorporated into a Town Well Ordinance) The Town Attorney indicated that state law requires each city and county adopt an ordinance dealing with well standards, but requested Town Council direction on well water use for domestic purposes and how permits for wells should be processed. He stated the Town could issue a use permit, or defer this responsibility to the County which requires all wells receive approval by the County Health Department and MMWD. He also requested Council's direction regarding requests received to temporarily place water storage tanks for water to be trucked in from outside sources in the front or sideyard setbacks which would require a variance. The Town Attorney stated that past decisions not to allow domestic use of wells were based on concerns that insufficient aquifers were available on the Peninsula to support this type of use. Vice-Mayor Thayer stated he would be in favor of allowing domestic use of well water if the conditions were met as required by the City of Sausalito--that the county's quantity and quality standards are met; the fire department finds adequate water pressure; the owner agrees to indemnify the City in the event the well water supply becomes inadequate in the future; the owner connects to MMWD as soon as possible; the owner provides a geologist's report showing the water supply will remain reasonably intact through a drought; and any external structures shall require design review. Further, he felt each well should be considered on a case-by- case basis and that the Town Council would be the appropriate reviewing body. In regard to temporary storage of water tanks, he stated each request should be considered on a case-by-case review and allowed if the tanks can be placed inobstrusively, and perhaps the Town's variance restrictions should be modified during the drought to allow for water storage. Councilmember Friedman suggested an ordinance be drafted which would simplify the procedures for placing a tank in a sideyard without a variance and with quick design review approval, and with the requirement for removal in 30 days after water restrictions are lifted. He suggested Planning Commission approval of applications for wells before Council review; and he requested more information on the health and safety issues regarding domestic use of well water. He also suggested professional review by a geologist to determine the stability of land if water is removed and that the proposed ordinance indemnify the Town should structural damage occur from such. Council concurred. Mayor Logan generally agreed with Council's previous comments, but expressed doubt that water would be found on many Tiburon properties and questioned placing TOWN COUNCIL MINUTES #903 3/6/91 10 the water storage tanks in the backyard instead of the sideyards because of the many small lots in Tiburon. The Planning Director emphasized the importance of including a hold harmless clause in the proposed ordinance should wells goes dry. The Town Attorney was directed to draft an ordinance including with these comments. H. COUNCI4 COMMISSION OR COMkI"rl'EE REPORTS None Ie COMMUNICATIONS None J. STAFF AND TOWN MANAGER REPORTS 11. OLD ST. HILARY'S OPEN SPACE ACQUISITION COMMITTEE (Open Space Preservation Efforts and Request for Assistance - Oral Report by Planning Director) The Planning Director reported that staff met with members of the Old St. Hilar.y's Open Space Acquisition Committee, POSC representatives, and Belvedere/Tiburon Joint Recreation Committee representatives on Tuesday, February 26, 1991. He stated staff is prepared to provide information and assistance to the Committee in the Harroman preapplication stage. He also noted a previous study conducted through a joint powers agreement with the County and the Mill Valley Planning Director regarding open space and various developments which would be helpful to the Committee. Although this study was conducted prior to the Town's adoption of its revised General Plan and Zoning Ordinance, Mayor Logan suggested the Old St. Hilary's Open Space Acquisition Committee meet with Don Dickinson regarding the past study and determine what portions of that study will be of use to the Committee. Also, the Committee was requested to determine what additional staff or financial support is required and make a request to the Council. They were directed to report back at the next Council meeting. 12. TOWN'S WATER CONSERVATION PROGRAM (Outline of Town Proposed Conservation Efforts to Comply with MMWD Water Rationing Mandate) TOWN COUNCIL MINUTES #903 3/6/91 11 The Town Manager outlined the Town's water conservation program and stated he has spoken with a State Parks representative regarding expanding use time of the restrooms located at the Ferry; and the State Parks have indicated a willingness to do so if the Town absorbs some of the maintenance and cleaning costs. K. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Logan adjourned the meeting to a closed session at 10:00 p.m. L ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Logan adjourned the closed session at 10:20 p.m., sine die. ~vs. ~ PETER B. LOG , MAYOR ATTEST: ~w.~u~ ERESE M. HENNESSY, T CLERK TOWN COUNCIL MINUTES #903 3/6/91 12