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HomeMy WebLinkAboutTC Min 1991-02-06 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. to discuss litigation. 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, February 6, 1991, in Room 5, Del Mar School, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Coxhead, Thayer, Kuhn, Logan ABSENT: COUNCILMEMBERS: Friedman EX OFFICIO: 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, COMMITTEES None C. PUBLIC OUESTIONS AND COMMENTS None D. COUNCIL, COMMISSION OR COMMITTEE REPORTS 1. PUBLIC LIBRARY PROPOSAL (Tiburon Peninsula Citizen's Committee Requesting Town Council's Consideration of Mar West Site for Relocation of Belvedere/Tiburon Public Library. Sharon Bass, representing the Peninsula Library Committee, gave a synopsis of the Committee's efforts to relocate the library and reported that the library currently TOWN COUNCIL MINUTES #901 2/6/91 1 pays $30,000 per year in rent. She further stated the Committee requests the Town make available the Mar West site for the library because of extensive community endorsement. Charles Auerbach, also representing the Peninsula Library Committee, stated that studies conducted by library consultants recommend a 10,000 square foot building. The Committee has held several workshop meetings to develop the community's library needs including incorporating access to the marshlands for educational purposes, offering a children's reading area, and providing a community meeting room. He stated the Mar West site would offer easy access from the downtown area as well as improve the appearance of the entrance to the downtown. He further stated that the Committee has not received any negative response as of yet from the community and they need both community support and the designation of a site to qualify for funding assistance from the County and State. The anticipated cost would be approximately $3,000,000 which would include all needed amenities. It is hoped the library will receive donations from the community as well. Discussion ensued regarding possible options for making the Mar West site available to the library, including consideration of a donation of land by the Town or leasing the land to the library. Mayor Logan noted that several issues must first be resolved before Council can make a decision in this matter, including: 1) whether this site is still an option for the new Town Hall; 2) whether a mutually satisfactory arrangement between the Town, library and County can be reached if the property is donated to the Library to reduce taxes to Town citizens, since this would essentially be a donation to the County which currently taxes citizens for library services. Therefore, discussion of this matter was continued and the Town Manager was directed to conduct a study of these issues, meet with the Library Committee Co- Chairs, meet with the Town Hall Committee and report back to Council with recommendations at the Town Council meeting of March 20, 1991. Hal Edelstein, former Mayor, commented that this site is ideal for a meeting room because parking can easily be accommodated on the adjacent lot. 2. HILARITA STATUS (Town Council Subcommittee Oral Report) Vice- Mayor Thayer reported that the Housing Subcommittee and Town Manager had met with TEA and the Hilarita Tenants Association representatives and determined that the Town will assist in funding the hiring of a financial consultant to assist in the acquisition of the Hilarita. TOWN COUNCIL MINUTES #901 2/6/91 2 3. RED & WHITE FERRY STATUS REPORT (Town Council Subcommittee Oral Report) Mayor Logan reported that he and the Town Attorney had recently met with representatives of the Metropolitan Transportation Commission to discuss whether entering into an agreement with Red & White Ferry to improve and maintain the current level of service would assist the Town in receiving Federal funding to subsidize the ferry service. The Metropolitan Transportation Commission recommended the Town and Red & White Ferry enter into a contractual relationship in this regard. Discussions will continue. E. CONSENT CALENDAR The Town Attorney requested Minutes #899 be amended on page 7, paragraph 3, line 5, to read: "...applied for separately by Kol Shafar, and condition L..." Motion: To approve the Consent Calendar, as amended, consisting of the following items: 4. APPROVAL OF MINUTES #899, January 16, 1991, MINUTES #900, January 24, 1991 5. FPPC ECONOMIC DISCLOSURE STATEMENTS (Amend Procedures - Resolution) 6. DONAHUE BUILDING (Authorization to Proceed with Carpentry Preparation Work and Painting of Exterior) Moved: Vote: Kuhn, Seconded by Coxhead AYES: Unanimous ABSENT: Friedman F. PUBLIC HEARINGS 7. APPEAL BOARD OF ADJUSTMENTS & REVIEW APPROVAL (A.P. #58-240-21; Applicant: Tiburon Peninsula Club; Appellant: Fran Mayberry Representing Uphill Neighbors; Approval of Two additional Tennis Court Lights) The Planning Director reviewed the staff report noting that the TPC has requested that they not be required to proceed with the landscaping condition as recommended by their arborist. Further, staff recommended Council deny the appeal and uphold the decision of the BAR to approve the two additional tennis court lights with conditions. TOWN COUNCIL MINUTES #901 2/6/91 3 Fran Mayberry, representing the Uphill Neighbors, stated that because the required conditions regarding landscaping and automatic timing of the lights have not been met by the TPC, Council should not act until these required conditions have been met and approved by the BAR. Vice-Mayor Thayer expressed concern that representatives of the TPC had not made efforts to meet with the neighbors regarding the court lighting and expanded club activities, and recommended a committee of affected homeowner association representatives be established to meet with the TPC regarding their concerns. Howard Bromberry, representing the TPC, stated the first two lights which were approved did not carry the landscaping plan requirement, but that trees be filled in to buffer the nighttime lighting, which has been done. Also, he stated the timers are set for 30 minutes, but players often push the buttons during the game thereby extending the lights another 30 minutes; however, the timers will not stay on longer than 30 minutes after the game is over, and in all cases the lights go off at 9:00 p.m. unless there has been a power failure which would throw off the timer clocks. Further, he stated the TPC is willing to provide reasonable landscaping during these drought conditions, but total screening cannot be provided. They are also willing to be responsive to the uphill neighbors' concerns. Vice- Mayor Thayer questioned whether the TPC would be willing to establish regular quarterly meetings with the homeowners; and Barbara Matthews, manager of the TPC, responded that the TPC has regularly met with the Old St. Hilary's Homeowners Association for the past two years which includes homeowners affected by the TPC activities. Don Simon, President of the TPC, stated that the TPC's request is based on the desire to offer the same plaYing time in the winter as possible during the summer months. Councilmember Coxhead noted that at the January 24, 1991, field trip it was his opinion that no adverse effects resulted from the lighted tennis court, but annoyances may result from other activities at the club. Therefore, he would vote to deny the appeal and uphold the BAR decision including the landscape plan requirement to be implemented once the drought is over. Vice- Mayor Thayer agreed with Councilmember Coxhead that the lights had no adverse effects, but that the other club activities may be the source of concern. Therefore, he would vote to deny the appeal and uphold the BAR decision to grant the additional lighting with review after one year subject to the conditions that quarterly meetings be held between the TPC and the uphill neighbors and that a good faith presentation of a landscape plan be submitted to the BAR. TOWN COUNCIL MINUTES #901 2/6/91 4 Councilmember Kuhn concurred with Councilmembers Coxhead and Thayer regarding their observations of the lighting impacts and would vote to uphold the BAR decision with the landscaping condition, but he did not agree with imposing a one year review. Mayor Logan agreed with the previous comments made by the Council and reiterated the need for improved communication between the neighbors and the TPC. Motion: To deny the appeal and uphold the decision of the Board of Adjustments and Review subject to the conditions previously prescribed by the BAR. Kuhn, Seconded by Coxhead Moved: Discussion ensued regarding whether an additional condition should be placed on the TPC to hold quarterly meetings with the uphill neighbors or whether the Council should only act on the merits of the specific proposal before them this evening. Also, Council expressed their concern that night lighting of the courts would invite tournament play during the winter months; and the Don Simons indicated that the TPC has no intention of using the courts for league play during the winter. Don Simons further expressed the TPC's willingness to meet quarterly with the uphill neighbors. Fran Mayberry requested Council place the continuing condition on their decision that tournament play not be allowed on the courts at night; and questioned whether the lights would not be turned on until the landscaping is in place. The Planning Director stated that the policy of the Town would be that the landscaping plan approvals would have to be intact and then a secured deposit must be received to guarantee installation of the landscaping prior to issuing a building permit for the lights. Amended Motion: To deny the appeal and uphold the decision of the BAR and approve two additional tennis court lights with the conditions that the club submit a landscape plan to the BAR and that the permit to construct the lights be granted upon posting a secured deposit; and that a restriction be included that the courts not be used for tournament play while they are lighted. Kuhn, Seconded by Coxhead AYES: Coxhead, Thayer, Kuhn, Logan ABSENT: Friedman Moved: Vote: Vice- Mayor Thayer reaffirmed the need to improve communications with the uphill neighbors and the TPC and requested the TPC assemble a group of representations to meet quarterly to discuss issues and concerns. TOWN COUNCIL MINUTES #901 2/6/91 5 8. RING MOUNTAIN DEVELOPMENT AGREEMENT (Request for Two year Extension) The Planning Director reviewed the history of the development agreement, the staff report, and the testimony received at the Planning Commission's meeting of January 9, 1991. He recommended Council deny the request for the time extension so that the remaining lots to be developed would be subject to the new Zoning Ordinance floor area ratio (FAR) regulations. However, he noted that applications completed prior to the expiration date of the agreement would not be subject to the new Zoning Ordinance requirements. Dennis Downing, representing Perini Development, noted the three main reasons for requesting the agreement extension: 1) the moratorium was in effect for two years and delayed completion of the project; 2) the need for consistency in design so that the new homes are not subject to different standards as required by the new Zoning Ordinance; and 3) it would be unfair to lot owners who have not and will not have completed applications prior to the February 9 cutoff date. He reviewed other delays imposed on the project, including delays caused from the weather, lengthy design review process, and Town requirements occurring during construction. Further, he stated this was the first development agreement the Town had entered into and subsequent agreements include provisions protecting them from future building revisions or building moratoriums. Also, the Town has received significant open space contributions from the developer. Mayor Logan opened the public hearing. Bob Ross, 16 Reed Ranch Road, questioned what the Town would benefit from extending the agreement. Barbara Foreman, 104 Reed Ranch Road, spoke in opposition to extending the development agreement, reasons outlined in her letter dated January 22, 1991. Nicole Novak, representing several Ring Mountain lot owners, requested the Council extend the development agreement as noted in her letter of February 6, 1991. Carl Engle, a Ring Mountain lot owner, requested Council extend the agreement two years and allow the new homes be built subject to the former building restrictions. Peter Clark, of 20 Via San Fernando and a Ring Mountain lot owner, urged Council extend the agreement because the new building restrictions would alter the development's consistency and cause a loss of property values. David Franklin, 52 Lower N. Terrace and a Ring Mountain lot owner, urged Council extend the agreement and stated it would benefit the Town to have a consistent TOWN COUNCIL MINUTES #901 2/6/91 6 development; Perini was not aware the Zoning Ordinance would change when they purchased the development and thus did not foresee the need to extend the agreement at that time; the hillside guidelines would adequately restrict design and size; and each lot and design should be judged on its own merits according to the consistent rules of the whole subdivision. John Norris, 75 Paseo Mirasol, expressed concern for the closeness of the houses in the project and opposition to extending the development agreement. Bob Ortola, 14 Paseo Mirasol, stated the moratorium did not actually delay development of the subdivision. Robert Thompson, owner of three Ring Mountain lots, urged Council extend the agreement for consistency purposes. Richard Monte, owner of a Ring Mountain lot, spoke in support of extending the development agreement. Gary Gomez, Ring Mountain lot owner, 22 out of 39 lots would be effected if the agreement is not extended because of the size of the lots and this would cause disharmony in the development. Pete Hauser, Ring Mountain lot owner, urged Council extend the agreement. Marianne Pearson, Ring Mountain lot owner, urged Council extend the agreement because of unanticipated delays. Karen Nygren, Planning Commissioner, questioned whether the agreement would have to be extended an additional two years if the remaining lots were not fully developed within the requested two year extension. Mayor Logan closed the public hearing. Councilmember Coxhead stated the intent of both the new and old zoning ordinance is to provide consistency and the new zoning Ordinance does provide for exemption if it can be demonstrated the proposed FAR is compatible with other houses in the vicinity. Therefore, he would vote not to extend the development agreement. Vice- Mayor Thayer concurred with Councilmember Coxhead that the development agreement not be extended. Councilmember Kuhn stated the Town has been partly responsible for some of the events resulting in delaYing the development; therefore, it would be unjust to not extend the agreement two years to allow for completion under the existing restrictions. TOWN COUNCIL MINUTES #901 2/6/91 7 Mayor Logan stated that only seven of the lots would not be able to build a home over 4,000 sq. ft. and some can build in excess of 4,000 sq. ft. under the new building restrictions. Also, he stated that everyone who purchased a lot knew about the development agreement and its expiration. However, he felt the Council should notify the BAR that all new applications should be harmonious with the existing homes. Motion: To deny the request to extend the Ring Mountain Development Agreement subject to processing applications deemed to be completed by the Planning Department before the existing expiration date. Thayer, Seconded by Coxhead AYES: Coxhead, Thayer, Logan NOES: Kuhn ABSENT: Friedman Moved: Vote: The Town Attorney was directed to prepare the appropriate resolution reflecting the Council's decision. G. UNFINISHED BUSINESS 9. CYPRESS HOLLOW DEVELOPMENT LANDSCAPING (Staff Recommendations Regarding Implementation of Landscaping Requirements) The Finance Director reviewed the staff report and stated that a $51,000 fund was provided by the developers for landscaping (17) adjacent properties. The Town would administer the program and receive a $5,000 administrative fee. He recommended Council require all 17 property owners to receive BAR approval for a landscape plan, either individually or collectively; and that no design review fee be charged; and that the $51,000 be held in a Town account to be distributed equally per resident after completion of the landscaping and final inspection by staff. It was noted that the Bel Aire Improvement Association has requested that all affected property owners receive $3,000 each for landscaping purposes. Vice- Mayor Thayer expressed concern that this recommendation would cause a hardship to property owners to initially pay for the landscaping and then hopefully receive approval to get reimbursed $3,000. Mindy Blower, 167 Blackfield Drive and representing 17 impacted homeowners, stated the houses on Tiburon Crest look directly into their homes and the loss of privacy is great. The homeowners feel staffs recommendation is unreasonable and suggested the fund be divided equally among the homeowners with the requirement that these funds be used for landscape screening purposes. TOWN COUNCIL MINUTES #901 2/6/91 8 Sylvia Brow, of Southwest Diversified, indicated they woulq comply with whatever method the Council deems appropriate to satisfy this condition. After further discussion, Council directed Staff to establish an account for these funds and require the affected property owners to submit a landscape plan to BAR for approval, and that the landscape architect be reimbursed upon completion of the landscaping. RECESS Recess was called at 10:33 p.m., at which time Mayor Logan left the meeting. The meeting reconvened at 10:40 p.m. 10. MULTI USE PATII LANDSCAPING PROJECf BETWEEN SAN RAFAEL AVENUE AND ROCK HILL DRIVE (Staff Recommendation to Defer Project Until After Drought) The Finance Director reported that the POSC has recommended the proposed landscaping project be deferred until next Winter when the drought has hopefully ended and water rationing has been rescinded. He noted that continuing the project will not jeopardize the various fund sources if the project proceeds prior to April 1992. Further, he stated that staff will investigate the use of reclaimed waste water and the associated costs. Councilmember Kuhn stated that the community is expecting improvements at this location and he questioned the possibility of phasing the project and doing preparation work without actually installing the plantings; and the Finance Director responded that there is concern regarding maintenance resulting from weeds. Pat Holden, POSC Chair, indicated the Commission's strong support of deferring this project and noted the changes required if the use of reclaimed waste water was incorporated into the plan. Council directed this project be deferred and that the matter be referred back to the Parks and Open Space Commission for their consideration of reclaimed waste water usage and associated plan revisions. 11. PERS AMENDMENT (Adopt Service Credit for Employee's Unused Sick Leave upon Retirement from Town - Ordinance, 1st Reading) The Finance Director noted that this Ordinance would provide credit to Town employees for unused sick leave upon retirement from the Town. TOWN COUNCIL MINUTES #901 2/6/91 9 Motion: Moved: Vote: Motion: Moved: Vote: To read the Ordinance by title only. Kuhn, Seconded by Coxhead AYES: Unanimous ABSENT: Friedman, Logan To pass first reading of AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AUTHORIZING AN AMENDMENT TO TIlE CONTRACf BETWEEN THE TOWN COUNCIL OF THE TOWN OF TIBURON AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. Kuhn, Seconded by Coxhead AYES: Coxhead, Thayer, Kuhn NOES: None ABSENT: Friedman, Logan It was noted that Exhibit A needs to be attached to the Ordinance. 12. PUBLIC WORKS BUILDING IMPROVEMENTS (Funding Authorization for Major Interior Repair Work in Corporation Yard Building) The Finance Director reported that the Supt. of Public Works is currently making required safety and other improvements to the interior of the Public Works building. Therefore, an additional $5,000 is requested to implement these improvements. Motion: Moved: Vote: To approve the expenditure of $5,000 towards the Public Works building improvements. Kuhn, Seconded by Coxhead AYES: Unanimous ABSENT: Friedman, Logan 13. ANIMAL CONTROL PROGRAM (Proposed Cities/County JP A Cost Sharing for Animal Control Services by Humane Society) The Finance Director reported that the allocation of costs has been based solely on workload and assessed valuation has not been used as a variable. He also noted that that the County's actual workload has been 25%, but they have been bearing 60% of the costs. The proposed plan would be phased in over three years with a revised cost sharing split of 70% cities and 30% County. The Finance Director recommended Council approve the proposed cost sharing agreement and authorize the appropriation of $7400 for animal control services this fiscal year. Further, he TOWN COUNCIL MINUTES #901 2/6/91 10 recommended the Town work with other cities in negotiating reduced costs associated with operation of the Marin Humane Society. Motion: Moved: Vote: To approve the cost sharing agreement between the County and Marin cities and authorize the appropriation of an additional $7400 for contracted animal control service in FY 1990/91. Kuhn, Seconded by Coxhead AYES: Unanimous ABSENT: Friedman, Logan H. NEW BUSINESS 14. ENVIRONMENTAL REVIEW GUIDELINES (Update Town's EIR Guidelines - Resolution) The Planning Director reported that the Town's local environmental review guidelines have not been updated since 1978 and since that time numerous changes to CEQA requirements have occurred. Therefore, he recommended Council adopt the proposed resolution approving the updated Town of Tiburon environmental review guidelines. Motion: Moved: Vote: To adopt A RESOLUTION OF THE TlBURON TOWN COUNCIL ADOPTING UPDATED LOCAL ENVIRONMENTAL REVIEW GUIDELINES AND SUPERSEDING ALL PREVIOUS LOCAL ENVIRONMENTAL GUIDELINES. Coxhead, Seconded by Kuhn AYES: Coxhead, Thayer, Kuhn ABSENT: Friedman, Logan 15. PET FOOD TAX (Consideration of Proposed Pet Food Tax to Assist Funding of Animal Control Enforcement) The Finance Director reported that the MCCMC Legislative Committee has requested each City Council consider adopting a tax on dog and cat products of 1 % to offset the increasing cost of animal control services. Council acknowledged receipt of the report and indicated their interest In participating further in the MCCMC future discussions regarding this matter. TOWN COUNCIL MINUTES #901 2/6/91 11 I. COMMUNICATIONS 16. Draft Bay Vision 2020 Report (Dated January 1991) 17. Letter to Town Council from ABAG Regarding Bay Vision 2020 Report (Dated January 25, 1991) These two items were discussed together. Vice- Mayor Thayer stated this proposal would be the first step toward regional governance and would form a regional council that would absorb all regional transit, air quality and ABAG agencies to achieve a nine-county comprehensive plan. Councilmember Kuhn indicated his strong support that the composition of this governing board be elected officials, not appointed, to maintain direct accountability. Council directed the City Manager to prepare a letter for the Mayor's signature indicating the Town's support in principle of the Bay Vision 2020 proposals. 18. Letter from MMWD to Town Council Regarding Drought Situation and 50% rationing plan (Dated January 29, 1991) The Planning Director noted that the Town has been notified of severe water rationing to begin March 1, 1991, and recommended Council allow deferment of landscaping installation for applicants by posting a secured deposit to ensure eventual installation after one year of occupancy. Motion: To approve staff recommendations to defer all landscape installations as of March 1, 1991, and require secured deposits to ensure landscape installation after one year of occupancy. Kuhn, Seconded by Coxhead AYES: Unanimous ABSENT: Friedman, Logan Moved: Vote: The Planning Director indicated that if the drought conditions continue to exist after one year, the Town can reconsider and extend this proposal another year. J. STAFF AND TOWN MANAGER REPORTS None TOWN COUNCIL MINUTES #901 2/6/91 12 K. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Logan adjourned the meeting at 11:15 p.m., sine die. ~~7{~ THERESE M. HENNESSY, TO CLERK TOWN COUNCIL MINUTES #901 2/6/91 13