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HomeMy WebLinkAboutTC Min 1991-07-02 TOWN COUNCIL MINUTES CALL TO ORDER Mayor Thayer called the adjourned meeting of the Town Council of the Town of Tiburon to order at 7:10 p.m., Tuesday, July 2, 1991, in Room 5, Del Mar School, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Friedman, Coxhead, Kuhn, Thayer ABSENT: COUNCILMEMBERS: Logan 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, Minute Clerk Kearney. B. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES Council appointed Nancy Allegra and Henry Siegel to the Parks & Open Space Commission; and Mohamab Sadrieh to a one-year provisional term to the Board of Adjustments and Review. Martin Perlmutter was moved from the Board of Adjustments and Review to the Planning Commission. C. PUBLIC OUESTIONS AND COMMENTS (A) Paul Breton, 8 Davis Drive, Apt. B, representing the majority of tenants of the Laguna Vista Apartments, voiced concerns regarding a proposal to convert their apartment complex to a tenants in common arrangement which would force tenants to leave. Therefore, he requested Council adopt an urgency ordinance at this time prohibiting any use changes on the site to allow the Town time to study the impact of this proposal on the existing rental housing within Tiburon. Discussion ensued regarding the Town's inability to adopt an urgency ordinance at this time since such has not been prepared with supporting evidence for Council's consideration; and the Town Attorney noted that this matter has been placed on the July 17 Town Council agenda. Council directed Staff to review the issue of this proposal's impact on the Town's affordable housing; bring this matter before the Planning Commission as an informational item; and appropriately notice the involved parties that this matter will be considered by the Town Council at its July 17 regular meeting. TOWN COUNCIL MINUTES #917 7/2/91 1 Don Dalton, tenant at 8 Davis Court, expressed concern that the tenants-in- common proposal would be finalized prior to the July 17 meeting. (B) Fran Mayberry, former Councilmember, stated that Town residents lack confidence concerning the utilization of funds generated from the utility tax and are concerned about what individual effects the tax will have on them. Further, she expressed concern that the in lieu funds for increasing affordable housing within the Town are not being utilized as intended. Mayor Thayer responded that the tax revenues will be used for general funding purposes and capital improvements. He also stated that in lieu funds were used recently to purchase a condominium at Pt. Tiburon for affordable employee housing, as well as being allocated for efforts towards preserving The Hilarita. COUNTYWIDE EMERGENCY PREPAREDNESS PROGRAM (Robert Ross) Mr. Ross, 16 Reed Ranch Road, reported on a County proposal to eliminate the Deputy Directors' positions from the County Office of Emergency Services and Office of Medical Services, and requested the Town contact Supervisor Aramburu and voice its opposition to this proposal. After discussion regarding the importance of retaining these positions, Council directed the Town Manager to contact Supervisor Aramburu and receive input from Mr. Ross regarding this issue prior to drafting a letter for the Mayor's signature expressing the Town's support for retaining these positions. (D) Former Mayor Allan Littman, representing the Library Committee, stated the Committee hopes to have the new library completed by July 1993, and requested Council commit the Mar West site for this purpose to facilitate private fund raising efforts. Council discussed the possibility of commencing fund raising prior to the commitment of a site and the appropriateness of such a commitment prior to finalization of a decision for the proposed Town Hall site. Mayor Thayer noted that the site is currently being appraised, after which discussions will proceed with the Redevelopment Agency to determine appropriate compensation for this valuable Town asset. Further, he questioned what contributions have been offered by the City of Belvedere towards this effort; and Mr. Littman responded that Belvedere has agreed to provide seed money to begin the campaign and he hopes that once the appraisals are completed, the site commitment can be made. Councilmember Kuhn commented that the Town should not receive profit for land that was given for public purposes; and he is opposed to the Town seeking funding for this purpose from the Redevelopment Agency. Councilmember Friedman noted that the Ned's Way site for the new Town Hall is currently the preferred site; however, should efforts fail for proceeding TOWN COUNCIL MINUTES #917 7/2/91 2 at this site, the Mar West location will have to be considered for the new Town Hall. (E) Charles McLoughlin, 3 McAnan Court, spoke in opposition to the utility tax and questioned its legality, why it does not have a cap provision, and why it was not approved by the voters. Mayor Thayer responded the tax is legal, a cap provision and/or adjustments may be added at any time by any future Council, and the revenue will be used for general operating costs and capital improvement projects. (F) Harry Heath, 440 Greenwood Beach Road, also spoke in opposition to the utility tax and the proposed improvements to Blackie's Pasture which he feels are not needed. He also questioned the status of proposed state and federal utility taxes. Mayor Thayer suggested he attend future Blackie's Pasture Improvement hearings and voice his opinions and stated that the Council intends to hold a six-month status check on the utility tax after its enactment in October. D. CONSENT CALENDAR Motion: To approve the Consent Calendar consisting of the following items: 1. APPROVAL OF MINUTES #913, June 10, 1991; #914, June 19, 1991; #915, June 20, 1991. 2. INVESTMENT SUMMARY REPORT (April 1991) Moved: Vote: Kuhn, Seconded by Coxhead AYES: Unanimous ABSENT: Logan E. PUBLIC HEARINGS 3. POINT TIBURON MASTER & PRECISE PLAN AMENDMENT (Adjust Square Footage Calculations to Reflect Already Built Square Footage _ Ordinance, 1st Reading) The Planning Director stated the square footage discrepancies in the Planning Commission Resolution and the draft Town Council Resolution resulted from an additional deck enclosure of 110 sq. ft. which was not included in the Planning Commission Resolution. Mayor Thayer opened the public hearing; and upon hearing no public comment, closed the public hearing. Motion: Moved: Vote: To read the Ordinance by title only. Kuhn, Seconded by Friedman AYES: Unanimous ABSENT: Logan TOWN COUNCIL MINUTES #917 7/2/91 3 Motion: To pass first 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. Coxhead, Seconded by Friedman AYES: Friedman, Coxhead, Kuhn, Thayer ABSENT: Logan Moved: Vote: 4. APPEAL DESIGN REVIEW BOARD DECISION (AP. #58-011-12; Applicant: Fred Grange, 3616 Paradise Drive; Appellant: Edwin Lewis; Appeal Approval of Variance) The Planning Director reviewed the staff report and stated the appeal is based on claims that the DRB did not make adequate findings required for the granting of the variance, did not articulate the factual evidence in support of the findings, and the remainder of the project does not conform to the plans approved by the Town Council on 5/16/84. However, he stated Staff considers the proposal to be in substantial conformance with the previously approved plans and the variance for the sideyard setback encroachment is necessary to allow access to the property. Therefore, he recommended Council deny the appeal and re-affirm the decision of the DRB to approve the variance. There was discussion regarding the addition of an uninhabitable storage area that was not included in the original 1984 proposal, but would not effect the exterior design of the building and whether this would be considered a substantial change from the originally approved plans. John Sharp, attorney representing the appellant, stated design review of this project in 1984 was based upon inadequate plans and submissions and new design review should occur because of various substantial changes in the proposal, including: 12 to 17\ foot retaining wall, some of which is on Mr. Lewis' property in the form of an easement, as opposed to a 3-6 foot retaining wall approved in 1984; and an increase from 1750 sq. ft. to 2300 sq. ft. of living space. Mr. Sharp also questioned whether a cash deposit of $500,000 required of the applicant had been made and stated since a portion of the retaining wall is on property owned by Mr. Lewis, he must authorize Mr. Grange as his agent to make application for the variance which has not been done. Further, he stated the findings made by DRB are not supported by the evidence; specifically, that the variance would not materially adversely effect neighboring properties, and BCDC approval was based on a proposal for 1750 sq. ft. and not anything in excess of that. The Town Engineer stated that the $500,000 bond requirement was changed to a letter of credit from Pacific Bank for $250,000; and a $25,000 cash deposit in the name of Tiburon has been deposited with insurance for $3,000,000 covering the Town. TOWN COUNCIL MINUTES #917 7/2/91 4 There was discussion regarding the height of the proposed retaining wall which encroaches on Mr. Lewis' property and whether the DRB should reconsider this issue when they consider the landscaping, irrigation and materials. Edward Lewis, appellant, stated the retaining wall raises to a maximum height of 12 feet on his property and that he was assured by Town Staff prior to his purchase of the property that any application for a variance would have to be authorized by the owner of the property. Glen Peterson, appellant's architect, outlined the major points in his previously submitted letter, including: 1) the square footage difference is substantial and previous approvals were based on the lesser amount; 2) the proposed retaining walls are radically different than what was approved in 1984 because of inadequate land contours in the original survey requiring low retaining walls for which no variance would be required; and 3) the impact of the walls on the surrounding neighborhood and environment is enormous and should be addressed. Joe Giacomini, attorney representing the applicant, stated the owner of the easement, not the owner of the land, signs the application for a variance; all findings of Town Boards and Commissions have been upheld during appeals associated with this property and the long delay caused the original owner to lose the property under foreclosure; the only issue before the Council is whether a variance for a retaining wall is required and, if so, did the DRB have sufficient evidence to satisfy the necessary findings as required under the zoning ordinance; the appellant purchased his property with full knowledge of the easement encumbering his property which was the only access to 3616 Paradise Drive; the owner of 3616 Paradise Drive has met all requirements; therefore, he urged Council uphold the findings of DRB. Vice- Mayor Kuhn questioned whether there are any restrictions associated with the use of an easement; and the Town Attorney responded that in previous litigation regarding this issue the courts upheld that the easement would only be used for vehicular access and that retaining walls would not overburden the easement. The Town Attorney agreed that an easement is a separate property interest and it is the owner of the easement that signs the application for a variance. Tony DeSilva, architect representing the applicant, stated the only matter remaining to be approved by the DRB is the guardrail material and color. He reviewed the building footprint differences and other changes from the previously approved 1984 plans which include a building access change and changes in interior building permit issues. He stated the additional storage room will not be habitable, is to be located in a space under a deck, and will be approximately 400 sq.ft. Further, he reviewed aspects related to the need for retaining walls at this site and stated it should have been obvious that walls in excess of 6 feet would be required at this site. Discussion ensued regarding the height of the retaining walls, their visibility from the water and the appellant's home, and possible inaccuracies in the topographical map. TOWN COUNCIL MINUTES #917 7/2/91 5 The Town Engineer stated his concerns regarding the embankment and associated drainage problems which have been adequately resolved by the applicant with reinforced earth and 3 foot walls. Further, he stated the current driveway elevations are identical to the elevations indicated on the 1984 drawings, although he did not review the ground contours which may be inaccurate. The Planning Director stated the original plans were conceptual as was required by the Town at that time and the variance was processed per the 1991 zoning ordinance, but the design review approval was based on the previous zoning ordinance. Council and Staff discussed the circumstances for the issuance of the building permit for the building only; and Staff informed Council that a building permit for. the retaining wall cannot be issued until the variance is approved. Mayor Thayer opened the public hearing. John Dupen, 3610 Paradise Drive, stated the conditions of approval in 1984 were never met, including approval by the DRB of a complete landscaping plan and such approval being subject to the Board making findings that a variance is required for the retaining walls' height. Further, he stated that no consideration has been given to the effects the road will have on his property and the matter regarding the retaining walls should be reconsidered by the DRB. The Planning Director responded that the two conditions mentioned are included in the current variance. Vernon Dallman, 7 Playa Verde, expressed concern regarding the retaining walls, their visibility from the Bay, and the excessive excavation required. He also expressed his opposition to the proposed changes from the original plans. John Strong requested that because of the sensitivity of the property in question, the DRB be allowed an opportunity to review the current plans. Mayor Thayer closed the public hearing. Vice- Mayor Kuhn stated that although he feels the design is appropriate for this site, the current plans should be reviewed again by the DRB due to changes from the original plans submitted in 1984 and the sensitivity of the driveway issue. Councilmember Friedman agreed with Staff that the working drawings substantially comply with the initial approval; and agreed that the owner of the easement is the appropriate party to apply for a variance. Therefore, he would vote to deny the appeal and uphold the decision of the DRB to grant the variance and request that Staff monitor the conditions of the variance. Councilmember Coxhead requested Staff review the minutes from meetings of the original approval and recheck the conditions required at that time; stated he would vote to deny the appeal and uphold the DRB decision with the condition that an TOWN COUNCIL MINUTES #917 7/2/91 6 approved landscape plan exists, and if an approved plan does not exist, that it be reviewed by the DRB for a public hearing. There was lengthy discussion regarding the condition that a landscaping plan be approved and installed prior to issuance of the occupancy permit. Mayor Thayer stated he had strong misgivings regarding the square footage differences; however, the appeal was based on the retaining walls which appear to be necessary and appropriate. Therefore, he would vote to deny the appeal and grant the variance. Mr. Giacomini stated the applicant would voluntarily hold construction in abeyance until an approved landscaping plan is found; and if it is not found, the applicant will immediately present a plan to the Board to hear on this issue alone. Mr. Strong requested his client be notified as to whether an approved landscape plan exists. Vice- Mayor Kuhn stated he would change his vote to deny the appeal based on the information discussed. Fred Grange, the applicant, assured Council that he would not proceed with construction until an approved landscaping plan is found; would submit a plan if one is not found; and will not occupy the residence until the landscaping is installed. Motion: To deny the appeal and uphold the decision of the Design Review Board with the condition that Staff locate an approved landscape plan; and in the event such a plan is not found, that the Design Review Board hold a hearing on said landscaping; and that the applicant agrees that should there not be an approved landscaping plan that he will withhold all construction until submittal of a plan for approval. Coxhead, Seconded by Friedman AYES: Unanimous ABSENT: Logan 5. 1991-92 TOWN BUDGET (Adoption of Final Budget for FY 1991-92 _ Resolution) Moved: Vote: The Finance Director reviewed the staff report and outlined adjustments and additions. He recommended Council adopt the resolution adopting the budget for fiscal year 1991-92 and stated the Gann appropriations limit will be discussed at the next Council meeting of July 17, 1991. Council discussed the status of the Cecilia Way intersection improvements; and the Town Manager stated the Town has requested a meeting with CAL/TRANS regarding this issue after which it can be considered for inclusion in the budget. TOWN COUNCIL MINUTES #917 7/2/91 7 Council also discussed the resurfacing of Corte Las Casas and it was determined this item was not a priority on the capital improvements list at this time, but should be reconsidered for FY 1992-93. Mayor Thayer opened the public hearing. R. D. Cook, resident and organization restructuring consultant, submitted an organizational chart of the Police Department and proposed the elimination of 5 positions to reduce costs since Tiburon has a low crime rate. Council requested the Chief of Police and Town Manager respond to Mr. Cook's concerns and justify the Police Department's staffing. Katy Bruel, 57 Mercury Ave., questioned whether a portion of the funds earmarked for drainage could be used for curbs and gutters, and when the overlays of Juno and Venus Courts will be scheduled. Vice-Mayor Kuhn responded that the budget is prepared based on funds the Town currently has and after revenues are received from the utility tax, the capital improvements expenditure program can be re-evaluated and precise dates can be assigned to certain projects such as the Juno and Venus Courts overlays. Further, the Town Manager stated that with the current funds available, it was not possible to include these projects in the five year projects without sacrificing other priority items; and although a portion of the funds earmarked for drainage could be used for curbs and gutters, it would not leave a contingency fund for emergency drainage problems. However, the Capital Improvements list will be re-evaluated after the first of the year when the revenues generated from the utility tax can be accurately analyzed. Mayor Thayer closed the public hearing. Motion: To adopt A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING THE MUNICIPAL BUDGET FOR FISCAL YEAR 1991-92. Kuhn, Seconded by Friedman AYES: Unanimous ABSENT: Logan Moved: Vote: G. UNFINISHED BUSINESS None. H. NEW BUSINESS None. TOWN COUNCIL MINUTES #917 7/2/91 8 I. COMMUNICATIONS Councilmember Coxhead stated he had contacted two bicycle organizations and they have requested the Town forward a letter to the PUC indicating the Town's concern that the proposed bicycle rate increase is excessive. The Town Manager was so directed. .I. STAFF AND TOWN MANAGER REPORTS (A) The Supt. of Public Works reported on the following matters: (1) Three bids were received for landscaping improvements for the Beach Road tennis courts area which would include eliminating grass and installing a ground cover, trees and shrubs with a drip irrigation system. (2) Landscapers have recommended that depressed cobblestone be installed. in the median strip between the Bank of America and Bon Appetit to reduce maintenance and water expenses at a cost of $400- $500. Council approved this expenditure. (3) Staff has devised a plan to move the event signs away from the Tiburon Blvd./Trestle Glen corner at Blackie's Pasture. Hillhaven Undergrounding of Utilities District (Oral Status Report by Town Manager) The Town Manager reported that the EP A has found that the asbestos discovered at the site does not exceed EP A's conditions requiring employee protective measures; therefore, the contractor has been authorized to commence work on Monday, July 8, 1991. PG&E has agreed to absorb the contractor's costs associated with the stop work order. (B) The Town Attorney reported on a meeting held last week with representatives of the EP A, County, and Town restaurants regarding the problem of refuse from the restaurants being washed into Town drainage systems. The Public Works Department, Mill Valley Refuse and Main Street Properties are working together to resolve this problem. K. CLOSED SESSION Council adjourned the meeting to closed session at 11:08 p.m., to discuss real property negotiations. TOWN COUNCIL MINUTES #917 7/2/91 9 L. AD.IOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Thayer adjourned the meeting at 1:30 a.m., Thursday, July 3, 1991, sine die. ATTEST: ~7lf~~~ THERESE M. HEN ESSY, TOWN ERK TOWN COUNCIL MINUTES #917 7/2/91 10