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HomeMy WebLinkAboutTC Min 1991-07-17 TOWN COUNCIL MINUTES CALL TO ORDER Mayor Thayer called the regular meeting of the Town Council of the Town of Tiburon to order at 7:10 p.m., Wednesday, July 17, 1991, in Room 5, Del Mar School, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Friedman, Coxhead, Kuhn, Logan, Thayer ABSENT: COUNCILMEMBERS: None EX OFFICIO: Town Manager Kleinert, Town Attorney Ewing, Town Engineer Bala, Supt. of Public Works lacopi, Senior Planner Anderson, Finance Director Stranzl, Police Chief Herley, Minute Clerk Kearney. B. APPOINTMENTS TO COMMISSIONS. BOARDS. COMMITTEES None. C. PUBLIC OUESTIONS AND COMMENTS (1) Steve Sears, owner of Sam's Cafe, spoke in opposition to the utility tax stating it would be an excessive hardship on Tiburon businesses, especially if the owners are Tiburon residents and must pay the tax on utilities used at home as well as work. He requested the Council consider exempting businesses from the tax and/or consider rescinding the ordinance. Mayor Thayer responded that this issue will be considered when the tax is re- evaluated six months after its enactment. D. INTRODUCTION OF NEW EMPWYEE - Miles Peterson, Police Dispatcher Police Chief Herley introduced Miles Peterson, the new Police Dispatcher, and welcomed him to the Department. TOWN COUNCIL MINUTES #918 7/17/91 1 E. SPECIAL RECOGNITION 1. Police Canine Dee Dee (Resolution) Police Chief Herley stated Dee Dee, the Tiburon Police canine, is being retired due to injuries received last October when she was assisting Officers McVeigh and Comfort as they were being attacked by two suspects. Motion: To adopt A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON IN RECOGNmON OF THE "RETIREMENT' OF TIBURON POLICE CANINE "DEE DEE." Kuhn, Seconded by Friedman AYES: Unanimous Moved: Vote: Virginia Brunini, former Planning Commissioner, requested the Town pursue efforts to force the attackers to pay compensation for Dee Dee's care for the rest of her life; and Councilmember Friedman responded that this matter is being pursued. F. CONSENT CALENDAR Councilmember Coxhead requested Item #3 be removed from the Consent Calendar for discussion. Councilmember Logan requested Minutes #916 be amended as follows: To reflect that he was in attendance and not absent; reflect that Chief Herley was in attendance; and on page 2, change "Mayor Logan" to "Mayor Thayer." Motion: To approve the amended Consent Calendar consisting of the following items: 2. APPROVAL OF MINUTES #916, June 22, 1991, as amended 4. MEMORANDUM OF UNDERSTANDING (MOU - Between Town of Tiburon and Marin Association of Public Employees FY 1991-93) 5. GANN APPROPRIATIONS LIMITATION ARTICLE XIII (Establishes Appropriations for FY 1991-92 - Resolution) Moved: Vote: Friedman, Seconded by Kuhn AYES: Unanimous 3. AUTHORIZATION FOR CHECK SIGNATURE - Resolution Councilmember Coxhead questioned what policy changes were being proposed; and the Town Manager responded that the proposed resolution authorizes himself and the Finance Director to sign for state and federal payroll tax obligations instead of waiting for the signatures of the Town Treasurer or a Councilmember. TOWN COUNCIL MINUTES #918 7/17/91 2 Motion: Moved: Vote: To adopt A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AUTHORIZING THE SIGNING AND ENDORSING OF CHECKS AND OTHER INSTRUMENTS. Coxhead, Seconded by Friedman AYES: Unanimous G. PUBLIC HEARINGS 6. POINT TIBURON MASTER & PRECISE PLAN AMENDMENT (Adjust Square Footage Calculations to Reflect Already Built Square Footage - Resolution and Ordinance, 2nd Reading) The Senior Planner noted receipt of a telephone call from Nicole Hanson, attorney representing the prospective purchaser of the Pt. Tiburon Plaza, indicating that her research disclosed that several mezzanine additions have been constructed and it is unknown if they were done so legally. He stated that quick inspection of the files did not reveal any permits for such work; therefore, he recommended postponement of the adoption of the proposed resolution which reconciles the precise plan with subsequently approved additions and discourages future additions to the project, until Staff has had time to investigate this matter and provide Council with accurate square footage numbers for legal and illegal additions. However, the Senior Planner stated that Council could proceed to pass second reading of the proposed Ordinance amending the Point Tiburon master plan. Mayor Thayer opened the public hearing. Nat Marans, Spanish Trail Road, stated that all the mezzanine additions were done illegally and he urged Council adopt the Ordinance which would limit additional space in Point Tiburon. Hearing no further public comment, Mayor Thayer closed the public hearing. After discussion, Council agreed to postpone the resolution, but adopt the Ordinance. Motion: Moved: Vote: Motion: Moved: Vote: Motion: Moved: Vote: To read the Ordinance by Title Only. Friedman, Seconded by Kuhn AYES: Unanimous To pass second reading of AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING ORDINANCE NO. 219 N.S., THE POINT TIBURON (FORMERLY NORTHWESTERN PACIFIC) MASTER PLAN. Friedman, Seconded by Logan AYES: Friedman, Coxhead, Kuhn, Logan, Thayer To continue the Resolution to the Town Council meeting of August 21, 1991. Friedman, Seconded by Logan AYES: Unanimous TOWN COUNCIL MINUTES #918 7/17/91 3 7. APPEAL BOARD OF ADJUSTMENTS & REVIEW DECISION (AP. #39-171-01; Applicant: 162 Gilmartin Drive, Collins Francis; Appellant: Lars Langenskiold, 164 Gilmartin Drive; Approval of Fence without Consent of Neighbor) The Senior Planner reviewed the staff report and stated that the BAR had approved a swimming pool fence in their consent calendar without all the required neighbor signatures, of which in this case one neighbor had declined to sign the plans. He recommended this matter be remanded back to the BAR for discussion and that the appeal fee be waived. Councilmember Friedman suggested Staff establish a policy of requiring neighbors within a specific number of feet of the project to sign off on swimming pool fences. Mayor Thayer opened the public hearing. Lauren Meyer, representing the applicant, noted the staff report is in error in stating that the appellant was never given the opportunity to sign off on the proposed design since she has met with the appellant at the site and he reviewed the plans. Further, she stated the proposed fence is not in the appellant's view corridor; and both homes are being built as spec homes and the appellant's objections to the fence are matters of personal taste. Lars Langenskiold, appellant, agreed that he visited the site, viewed the plans, and met with the architect, but did not approve of the fence design of which the applicant was unwilling to modify. Therefore, he would not sign off on the plans. Hearing no further public comment, Mayor Thayer closed the public hearing. The entire Council agreed that this matter should be remanded back to the BAR for discussion. Motion: To grant the appeal, remand this matter back to the Board of Adjustments and Review, and waive the appeal fee. Friedman, Seconded by Kuhn AYES: Unanimous Moved: Vote: 8. CONVERSION OF RENTAL UNITS TO TENANCIES-IN-COMMON OWNERSHIP (Moratorium on Proposed Conversion to Allow for Proper Review & Regulations - Urgency Ordinance) The Town Attorney reviewed the staff report and stated that any conversion of an apartment to a tenancy-in-common is not regulated by the Town's current condominium conversion ordinance. He also noted that the sale of the properties on Davis Drive for a tenancy-in-common conversion has been withdrawn; therefore, he requested Council determine whether regulation of tenancy-in-common conversions is appropriate and if so, to direct Staff to prepare and process the necessary general plan, zoning and/or subdivision amendments; and determine whether to adopt the attached interim urgency ordinance. He distributed letters from Gary Ragghianti, attorney representing the Davis Drive owners, setting forth concerns associated with the adoption of the proposed urgency ordinance. TOWN COUNCIL MINUTES #918 7/17/91 4 Randy Powers, general partner of the limited partnership that owns the complex at Davis Drive, expressed opposition to the definitions under Section 4 of the proposed ordinance relating to tenancies-in-common and ownership interest; requested the Town Council determine that it is inappropriate to limit property ownership rights and requested that they postpone any action on this issue for 30 days to allow time for property owners to respond to this proposal; stated no reasonable effort was made to notify property owners of this issue; feels no emergency situation exists; stated the proposed sales transaction of Davis Drive has been withdrawn and only 18 units maximum would have been effected; stated that in one publication alone there were 22 apartments for rent in Tiburon; the rents in their buildings range from $950 to $1500 per month and most of the tenants could afford to rent anywhere; the existing tenants were given the first opportunity to invest, were offered assistance in locating alternate housing, and were offered $2000 for individual moving expenses with a minimum of 60 days notice given to every tenant. Therefore, the welfare of the tenants was not put in imminent danger. He further stated this is the most restrictive property rights legislation pending in the country and this ordinance will put a cloud on all potential sales transactions within its 45 day enactment period. Councilmember Logan expressed concern that this was an effort by sophisticated real estate investors to circumvent the Town's condominium conversion restrictions and the impact of displacing renters would be the same. Vice-Mayor Kuhn commented that the Town's zoning ordinance was designed to reflect the needs of a diversified community, including providing a certain number of rental units. Randy Powers expressed concern that the proposed ordinance would cause property values to decrease because of the ownership restrictions. Mayor Thayer opened the public hearing. Doris Sieberts, member of the Income Property Association of Marin County and Tiburon resident, stated the proposed ordinance sent shock waves through the Income Property Association in all Marin communities; were only given one day to respond; and this will damage future property owners. Virginia Brunini, resident and real estate agent, agreed that the condominium conversion restrictions should not be circumvented; felt the proposed ordinance would be disastrous and would damage the community's property values; the Town should not regulate tenancies-in- common because the State Department of Real Estate adequately addresses and regulates tenancies-in-common for units over 5. Nat Marans, Spanish Trail Road, stated that if the proposal for a tenancy-in-common at Davis Court was allowed, every owner of every apartment complex in Tiburon would do likewise and jeopardize Tiburon's rental base. Therefore, he felt the Town should take immediate measures to protect the rental base. Bob Holmes, representing the Marin Association of Realtors, stated there was no basis for addressing or implementing the urgency ordinance; he has never known an urgency TOWN COUNCIL MINUTES #918 7/17/91 5 ordinance to be rescinded in Marin County in a period of 45 days; took exception to comments in the staff report which state realtors now focus on tenancies-in-common as a means of getting around conversion ordinances and the results of similar ordinances in the Cities of Santa Monica and Berkeley have been disastrous. Mr. Holmes disagreed with various aspects of the proposed ordinance, including the definition of "ownership interest"; that owner-occupied units create conditions different than those found in rental units; that tenancies-in-common have all the attributes of common interest developments; and that the conversion of these units to tenancies-in-common will lead to the loss of rental housing stock and affordable units. He further stated that tenancies-in-common are common transactions and it would be a disastrous mistake to attempt to regulate it in this fashion. Therefore, he urged Council not proceed with the proposed ordinance. Councilmember Coxhead noted that advertisements soliciting buyers for the Davis Drive proposal had appeared in the newspapers and questioned what efforts are made by the Board of Realtors to police its members regarding misrepresentation or illegal advertising; and Mr. Holmes responded that the Board has a code of ethics concerning advertising and its members monitor advertising etc. to assure compliance. Councilmember Coxhead requested that the Board of Realtors and Town Attorney pursue this issue relating to possible unlawful acts by City Living, the promoters of the tenancy-in-common proposal at Davis Drive. There was lengthy discussion regarding the difference between tenancies-in-common and condominium conversions and Vice-Mayor Kuhn stated that the impact upon the tenants would be the same in either case and would impact the Town's available rental stock. Paul Breton, 8 Davis Drive, stated that it was still urgent to place a moratorium on this type of conversion that circumvents the condominium conversion regulations to allow time for study and response by all parties. Robert Butler, realtor, stated it would be devastating for the community and county if this ordinance was adopted and it is inappropriate to focus on this one transaction, if violations have occurred, as the basis for an urgency ordinance. Jack Stoffiger, tenant at Davis Drive, stated tenants' rights need to be considered. Don Dalton, tenant at Davis Drive, urged Council adopt the urgency ordinance to protect the loophole in the current ordinance which allows tenancy-in-common conversions, resulting in forcing many tenants out of Tiburon. Mayor Thayer closed the public hearing. Councilmember Friedman stated the Town needs to retain and preserve all its traditional rental stock as required in the general plan; a way has been found to circumvent condominium conversion requirements and the Town needs to address this issue; therefore, he favors reworking the proposed ordinance and keeping it on the agenda for consideration. TOWN COUNCIL MINUTES #918 7/17/91 6 Councilmember Coxhead agreed that the balance between ownership and rental units must be maintained in Tiburon; agrees the tenancy-in-common proposal circumvents the Town's condominium conversion requirements; requested a copy of the advertisement by City Living be forwarded to the Marin Board of Realtors for their investigation into possible ethics violations; doesn't feel urgency since the Department of Real Estate requires a public report for tenancy-in-common proposals over 5 units; and hoped that Mr. Powers will notify any potential buyers of the Town's consideration of this issue. Therefore, he would vote to continue the. hearing on this matter. Councilmember Logan stated that although he is not opposed to tenancies-in-common for units under 5, this proposal created a joint ownership with many of the same attributes as a condominium; the ordinance's definition of tenants-in-common needs to be clarified; therefore, he would vote to continue this matter to the next Town Council meeting. Vice-Mayor Kuhn concurred with previous comments made by the Councilmembers and stated he is reluctant to pass an urgency ordinance this evening since revisions are necessary; however, he recommended the matter be continued to a special meeting prior to the next regular meeting to avoid the possibility of allowing another project to develop. Mayor Thayer agreed the ordinance needed to be revised; recommended this matter be referred to the Planning Commission for their consideration of a long-term Town policy relating to this type of ownership to allow for consistency with the Town's zoning ordinance; and recommended this matter be continued to a special meeting prior to the next regular Town Council meeting. Motion: To continue this matter to Thursday, August 1, 1991,7:00 p.m., location to be announced. Logan, Seconded by Kuhn AYES: Unanimous Moved: Vote: The Town Attorney was requested to address issues relating to urgency, definition revisions to close every possible loophole; and number definitions relating to duplexes and triplexes. He was also requested to contact Gary Ragghianti for additional information, and the Department of Real Estate for information regarding its restrictions and procedures relating to Tenancies-in-Common. H. UNFINISHED BUSINESS 9. CHILD CARE CENTER LEASE (Consideration of Amended Agreement Between Town of Tiburon, Child Care Center & RUSD) The Town Manager reviewed the staff report and the proposed modifications to the agreement between the Town, Child Care Center & RUSD, including the commencement of the lease on July I, 1991 at $500 per month; that the November 1, 1990 through June 30, 1991 rent at $250 per month be deleted; that the $2,000 retroactive rent savings be utilized by the CCC towards future relocation costs; that Town employees' children be acknowledged on a waiting list for emollment and have right of first refusal at a discounted rate. TOWN COUNCIL MINUTES #918 7/17/91 7 Discussion ensued regarding the School District's easement on Town property, the need to clearly define the legal rights of that easement, and the District's future plans to utilize that easement. Council agreed that the Land Lease and Use Agreement as modified should be approved, but negotiations should commence to discuss the District's needs, the new Town Hall needs,.and Child Care Center needs. Motion: To approve the proposed Land Lease and Use Agreement between the Town of Tiburon, R USD and CCC as amended in the staff report; and to authorize the Town Manager to sign the agreement. Kuhn, Seconded by Coxhead AYES: Unanimous Moved: Vote: I. NEW BUSINESS 10. CONSTRUCTION HOURS (Planning Commission Recommendations to Change Construction Hours) The Senior Planner reviewed the staff report and stated the draft ordinance proposes relatively minor modifications in the hours during which construction is permitted, including elimination of the hour 5:00 to 6:00 p.m. Mondays through Fridays, and Saturdays' hours would be 9:30 a.m. to 4:00 p.m. No construction would be allowed on holidays and a warm- up period would be specified for heavy equipment so that actual use could not begin before 8:00 a.m. Also, minor changes are proposed to the "exceptions" section and the ''violations'' section would be updated to reflect current state law. He recommended Council review the materials, and if deemed appropriate, set a date for a public hearing on this matter. Council agreed with Staff recommendations and set the date of Wednesday, August 20, 1991, for the public hearing on this matter. 11. VlACOM CABLEVISION FRANCHISE (Review Franchise Provisions Regarding New Connections) The Town Manager reported that residents in the Tara Hill and Norman Way areas have been interested in obtaining cablevision services, but because of Viacom's excessive installation fees, no service has been provided to these areas. Vice-Mayor Kuhn expressed concerns relating to the quality and level of service neighbors, residents and he have experienced in efforts to obtain cable service and stated costs associated with installation are excessive. He recommended the franchise agreement be modified to provide better service and to better protect the community and individual subscribers. Jeff Butler, Assistant Manager of Viacom, reviewed the history of the master agreement and the joint powers authority; stated complaints regarding quality of service have been reduced; the line extension policy was developed by determining the break even point on homes per mile and whether the home can receive three or more off air signals. Further, he stated several estimates for installation have been done in the Tara Hill area, and the costs could TOWN COUNCIL MINUTES #918 7/17/91 8 be reduced if the residents agreed to participate as a group in sharing the costs. However, Viacom has never received a response from the residents. He stated Viacom is providing good service to this County and its residents as required and monitored by the National Cable Association; and the six-month delay and $175 fee for pole applications quoted to Vice-Mayor Kuhn is required by PacBell, not Viacom. Tom Porter, assistant designer with Viacom, reviewed the basis of costs for installation to Vice-Mayor Kuhn's residence and stated his residence is two poles away from Viacom's current location and in order to provide service to his residence the system would have to be modified. There was discussion regarding inconsistent information Vice-Mayor Kuhn received from Viacom relating to whether or not Viacom currently has service to a pole on his property. Mrs. Steinberg, Tara Hill resident, stated costs estimates for hookup to her residence have been excessive, and there were no discussions regarding shared costs with the neighbors. Mr. Butler stated it would cost approximately $21,000 to provide cable service to the 17 homes on Tara Hill, and he indicated a questionnaire would be forwarded to Tara Hill residents within the next two weeks soliciting interest in sharing in the costs for providing this service. J. COUNCIL. COMMISSION OR COMMITTEE REPORTS Councilmember Friedman noted that the Donahue Building had been approved for a grant from the National Trust for Historic Preservation for matching funds to conduct a rehabilitation and reuse feasibility study. K. COMMUNICATIONS L. STAFF AND TOWN MANAGER REPORTS (A) The Town Manager informed Council that five applications have been received from firms interested in performing the Town's audit and he will keep the Council informed as to the status. (B) The Town Manager reported that the recently purchased condominium at 14 Marsh Road has been offered to Town employees for rental and the Supt. of Public Works has expressed an interest. Discussion ensued regarding the benefits of having key management personnel live within the Town and that perhaps the Town should pursue purchasing additional units, as they become available, for public safety employees' use. M. CLOSED SESSION Council adjourned to closed session at 10:55 p.m., to discuss litigation and labor negotiations. TOWN COUNCIL MINUTES #918 7/17/91 9 N. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Thayer adjourned the meeting at 11:30 p.m., to Thursday, August 1, 1991, 7:00 p.m., location to be announced. -~~~L R~G. THA ER,MA -R ATTEST: ~7~'1J( ~.. THERESE M. HEN ESSY, TO CLERK TOWN COUNCIL MINUTES #918 7/17/91 10