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HomeMy WebLinkAboutTC Min 1990-05-15 TOWN COUNCIL MINUTES CALL TO ORDER Mayor Logan called the regular meeting of the Town Council of the Town of Tiburon to order at 7:40 P.M., Wednesday, May 16, 1990 in Room 5, Del Mar School, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Friedman, Coxhead, Thayer, Kuhn, Logan ABSENT: COUNCILMEMBERS: None EX OFFICIO: Town Manager Kleinert, Town Attorney Truxaw, Town Engineer Bala, Supt. of Public Works Brunini, Police Chief Herley, Planning Director Lohman, Town Clerk Hennessy B. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITfEES There were none. C. PUBLIC QUESTIONS AND COMMENTS Vice-Mayor Thayer requested the Taldan Settlement be removed from the end of this agenda and set for an early place at the next Council meeting. The Mayor requested the Town Attorney to respond to Mr. Ortalda's questions, and he would determine placement of the item for the next meeting. Mayor Logan announced that Helen Benedict recently resigned from the Tiburon Ecumenical Association Board of Directors and requested Staff prepare a Resolution commending her for her hard work. TOWN COUNCIL MINUTES #880 5/16/90 1 D. SPECIAL PRESENTATIONS CYPRESS HOLLOW DEVELOPMENT (Status Report by Southwest Diversified & Marin County Planning Stall) Ms. Bernard, Southwest Diversified, showed site plan and explained the Development Plan amendment which has been filed with the County of Marin. Doug Next, registered forester, explained the proposed reforestation program. There was a brief discussion amongst the Council regarding the distribution of $51,000 for landscape improvements to be distributed to seventeen Tiburon residents. Marti Goldsboro, CSW, described three variance requests. The Planning Director stated an Initial Environmental Study will be required and suggested the distribution of landscaping funds be included in the study. DRUG ABUSE RESISTANCE EDUCATION (DARE) PROGRAM Tiburon Police Officer Wachowiak explained how he conducts the DARE Program with sixth grade students in the Reed Union School District and his efforts to expand it to other grades. E. CONSENT CALENDAR Items 1 and 3 were removed. Motion: To approve the Consent Calendar consisting of the following items: 2. MONTHLY INVESTMENT SUMMARY (March 1990) 4. NED'S WAY TREE TRIMMING PROJECT (Award of Contract for Major Trimming of Twenty-One (21) Eucalyptus Trees) Moved: Thayer, Seconded by Kuhn Vote: AYES: Unanimous 3. DENY APPEAL BAR DECISION (18 Cibrian Drive - Resolution) Motion: To adopt Resolution Denying Appeal of BAR Decision - 18 Cibrian Drive Moved: Coxhead, Seconded by Thayer Vote: AYES: Coxhead, Thayer, Kuhn NOES: Friedman ABSTAIN: Logan 1. APPROVAL OF MINUTES #873, March 27, 1990; #874, April 4, 1990; #876, April 18, 1990; #877, May 2, 1990; #878, May 7, 1990 - Continued to June 6, 1990 TOWN COUNCIL MINUTES #880 5/16/90 2 F. PUBLIC HEARINGS 5. SKATEBOARD AREA PROPOSAL (Temporary Use Permit to Establish Skateboard Park Adjacent to Richardson Bay Sanitary Treatment Plant at Blackie's Pasture - Resolution) Bob Minton, proponent, referred to Ark Newspaper article regarding "community health of children"; urged Council to provide the children a place in the community; stated they had a chance to say yes to the children. The Mayor opened the public hearing. Don Batten, President Belveron Homeowners Association, stated the postponement of this issue to after the election was to determine use of Town Hall site; no efforts have been made to relieve Belveron's concerns; urged Council not to approve the skateboard area. Mr. S. M. Martin, 10 Pine Terrace, stated if the site for the skateboard area is near the sewer plant he had no objections provided the statements made during these hearings are going to be carried out by the proponents, i.e., supervision during the hours of operation and a review of the situation after one year. Cathy Hunter, Harriet Way, represented people who oppose the site anywhere in the Richardson Bay Lineal Park; reminded Council over 300 people signed petition opposed to use of the Park for this purpose; explained concerns of senior citizens using Multi-Use Path; asked Council to listen to the people of Tiburon and respect their opinions. Stewart Hopkins, Parks & Open Space Commission, reviewed their previous discussions of different proposed sites; urged Council to approve a skateboard area. Betty McGee, 13 year resident, stated these children don't do drugs; she buses kids up to Redding, CA; the children use motor skills; they are physically fit; she was more concerned about taking her children into strange areas where there might be a possibility of drugs; stated the Town is pushing their kids out of their neighborhood. Dave Allen, distributed pictures from Mr. and Mrs. Merklin taken in New Zealand of skateboarders; asked Council to increase size of the skateboard area from 50 X 60 to 50 X 100' and allow for screening of the paved area from the bicycle path; felt it will be naturally supervised; stated Mill Valley has expressed an interest in a skateboard area. Alan Mayberry, Mill Valley resident, teaches carpentry classes in Recreation Departments throughout the County, member of the Mill Valley Youth Council; stated skateboarding is an excellent activity that requires agility, strength and TOWN COUNCIL MINUTES #880 5/16/90 3 coordination; it is a mode of self-expression; children express repeatedly that Marin County is devoid of activities for them; stated if healthy outlets are denied, children can't be blamed for non-activities like video games; Tiburon can be used as a model for other Town's to provide the same need; these kids don't drive; would be ideal if each Town has their own skating area; would make his expertise available for assisting the proponents. Winifred Hill, Virginia Drive, stated she called each city in Marin County and everyone stated they are not considering skateboarding areas; also called an acoustical engineer and he suggested a model be made of the proposed plans and he could then evaluate the degree and direction of sound and also evaluate traffic before any money is expended which might have a negative environmental impact; requested these studies be done before a vote is taken on this issue. Ralph Penta, 17 Circle Drive, stated he has attended many meetings and not much has been accomplished; listened to many objections; thought South of the Knoll site the best since it's near a park and can't be seen; skateboarders don't carry boom boxes; stated individual sports don't need supervision. Lou Brunini, Superintendent of Public Works, stated two doors away from his home there is a skateboard ramp and he can only hear it when he is in his backyard; visited skateboard area in Benicia which was hardly visible. The Mayor closed the public hearing. Each of the Councilmembers discussed their opinions and the vote was taken. Motion: To deny the request for a Temporary Use Permit for a Skateboard Area near the Sanitary Plant. Moved: Thayer, Seconded by Coxhead Vote: AYES: Friedman, Coxhead, Thayer NOES: Kuhn, Logan 6. APPEAL BOARD OF ADJUSTMENTS & REVIEW DECISION (A.P. #58-182- 03, 07, 14, 58-212-03, 05, 06, 07, 09) Monterossa Project; Denial of Garage Doors) The Planning Director showed a video of the project taken from street level. Clark Atwood, Division Manager of Southwest Diversified, stated they bought the project after it had been approved; met several times with Vista Belvedere Trustee Peter Anderson; stated from a product standpoint felt garage doors would enhance the project and neighborhood; felt carports tend to become untidy and an eyesore; showed Council pictures of other carports and the Monterrosa project which does not include storage bins; felt security would be improved; views from Vista Belvedere TOWN COUNCIL MINUTES #880 5/16/90 4 are not impacted by installation of garage doors; their proposal meets the General Plan and Zoning Ordinance; not motivated by economic gain; four of the seven buildings have already been sold and have guaranteed prices. Ken Kurtzman, architect, showed full scale plan of 1981; 39 units were originally proposed; originally it had been suggested that carports would provide some view; showed number of buildings that had been subsequently removed providing a 140' wide view easement; showed pictures of views from neighbors across the street. The Mayor opened the public hearing. Peter Anderson, representing First Interstate Bank as trustee and owner of record of Vista Belvedere, stated his client objects to the installation of closing carports; stated the issue of closed carports was integral part of many hearings of the Council and other agencies; the BAR denied application because they felt it would significantly change original approval; stated it was a significant view impact on view corridors from Vista Belvedere apartments and Red Hill Circle road; great deal of effort and concern was put into this project to make sure views were maintained; as currently designed, persons walking down the road have benefit of view; showed pictures of clean carports; stated these carports had probably the most beautiful view in the County and the Council will create a situation where the owner would be tempted to create a family room which will then create a parking problem along Red Hill Circle; presented to Council a petition received form a group of tenants at the Vista Belvedere apartments; stated there was a significant degree of objection; what few views they had left he submitted should not be taken away from them; believed developers request had substantial economic motivation which is inconsistent with applicable goals and policies of the General Plan. Bernard Johnson and Mr. & Mrs. Engel, residents of Vista Belvedere, objected to the enclosure of the carports. Ken Kurtzman stated the carports were never an integral part of the hearings. Councilmembers expressed their views and stated this request has gone through extensive Board review and the Council respects the Board's efforts and no new evidence has been submitted; the carports make a significant contribution to openness of the area. Motion: To deny appeal of Design Review Board decision to deny garage doors and direct Staff to prepare a Resolution of Denial. Moved: Logan, Seconded by Thayer Vote: AYES: Unanimous TOWN COUNCIL MINUTES #880 5/16/90 5 7. APPEAL DESIGN REVIEW BOARD DECISION (A.P. #38-432-09); Applicant: Novak/Landry, 8 Buckwheat Court, Denial of New Residence) Dick Hunter, Dahlen Group architect, showed site plans and relationship between the proposal and those persons who have shown interest in the proposal; showed large stand of trees which blocks view of the proposed house; stated he complied with hillside guidelines; house is terraced into the hillside; house follows shape of the contours; used all natural materials; is well articulated; design broken up in the rear; situated to preserve views of their subdivision; showed chart comparing homes in the Ring Mt. subdivision; showed chart of homes approved in 1983-84 and those recently approved by the BAR/DRB; showed photo boards and stated there was not a great deal of design consistency throughout the surrounding neighborhood; stated newest homes along Reed Ranch Road are considerably larger than the proposal; two houses on Indian Rock Court were larger and two were smaller. The Mayor opened the public hearing. Dick DeNezza, 103 Reed Ranch Road, stated in 1984 he was concerned about how the lots were laid out because the Town wanted them clustered to maximize open space; result is large narrow lots on steep slopes; unless design is carefully down a massive house is going to conflict with the Ring Mt. Development Agreement; his objection was the rear elevation is still too massive; believe it is too wide; doesn't step down the hill enough; mass appears to be 40' from below; his feeling is the Board has been very specific indicating the mass is too large; doesn't feel it is compatible with existing neighborhood. Patricia DeNezza, 103 Reed Ranch Road, reiterated frustrations with this project; overriding concern is mass of the house, Lot 52 and Lot 53; this home was reduced a total of 45 sq.ft.; proposed landscaping will take five to seven years to develop. In response to Mayor Logan, Mrs. DeNezza stated her house is 3300 sq.ft. plus a two car garage. Nicole Novak, wife of builder, stated she researched house sizes of the neighborhood; read letter from Mrs. Stora of 10 Via Capistrano who is most effected by the proposed house and who supports the proposal and objects to the house being moved closer down the hill toward their home; showed map of existing square footage of neighbors houses; showed that the DeNezza's house is 3600 sq.ft. and also has a second story over their garage; the fifty-three houses shown had an average of 3386 sq.ft.; houses on Ring Mt. averaged 4287 sq.ft.; showed Council that the DeNezzas can only see one portion of Lot 51 from their property line; stated the DeNezzas can't see the story poles and can't see mass; presented Council with signatures of thirty-three neighbors who support the proposal; asked Council to allow them to build the house; asked Council to give the Board an idea of what is fair, equal and equitable; respectfully requested the Council uphold the appeal. Tim Patton, Perini Architectural Committee for Ring Mt. Subdivision, stated 300 acres of permanent open space was given to the Town with the idea that homes TOWN COUNCIL MINUTES #880 5/16/90 6 would be clustered; building envelopes were located in close proximity to promote clustering; this proposal has been heard five times; architects have tried to respond to the neighbors; felt the proposal met the intent of the Development Agreement and Tentative Map; Perini did install some landscaping; Perini graded DeNezzas lot but the DeNezzas paid for the grading. Mrs. Norris, 70 Paseo Mirasol, stated the proposal doesn't effect her personally; she has been involved in the development for many years; felt it was important new owners be made aware there was an existing development; the Ring Mt. lots are smaller and narrower. There was a brief discussion between Council and Design Review Board member Aramburu regarding Board's direction to applicant; Mrs. Aramburu stated there are many architectural solutions to a design issue such as "too massive"; Board doesn't presume to tell architects how to design a house; Board felt the house could be made narrower and brought further down the building envelope. Dana Yarger stated the design still doesn't fit the Hillside Guidelines; stated if the architect reduced size to 3300 sq.ft. and maximized the width between buildings they would have had a problem; they are trying to preserve their priceless neighborhood; asked Council to support the Design Review Board and deny this appeal without prejudice. The Mayor closed the public hearing. Councilmember Friedman felt the builder got direction on Lot 52; agreed with the Design Review Board; looked at the three lots together and felt the proposals must be narrower; reduced in bulk and possibly moved or stepped down the hill. Councilmember Coxhead suggested the applicant visit the DeNezzas home to get their perspective. Vice-Mayor Thayer felt it should be returned to DRB. Councilmember Kuhn stated if the issue isn't resolved in five hearings there was something lacking either in the applicant's communication to the DRB or Stan's direction to the DRB; there needs to be more responsiveness to applications; language is too ambiguous and needs to be more precise; in relationship to other homes in the area, he found it difficult to distinguish between this application and others; preferred to see it remanded back to the Board. Mayor Logan agreed that this application points out problems inherent in design review and it was time the Council addressed those issues again. Motion: To remand the application back to the Design Review Board without prejudice and directed Staff to prepare a Resolution. Moved: Logan, Seconded by Thayer TOWN COUNCIL MINUTES #880 5/16/90 7 The Town Attorney stated a remand would allow an extension of six months; stated the Resolution would frame a provision that if they do not return it, the application becomes denied. It was noted that there had already been a 90-day extension. Nicole Novak asked for guidance. Councilmember Friedman suggested considerable narrowing of the house. Vote: AYES: Unanimous 8. ABATEMENT OF PUBLIC NUISANCE (A.P. #34-122-11, 317 Karen Way, Owner: Mr. & Mrs. Posadas; Illegal Swimming Pool & Abandoned Vehicles - Resolution) The Planning Director stated he visited the property; worked has progressed; cars have been removed; the Design Review Board has approved a plan; suggested the abatement be held in abeyance for six months to make sure DRB plans are implemented; side yards and back yard still need some clean-up, and some fence work. Mrs. Posadas stated she agreed with the conditions in the Staff report; DRB still has to approve landscaping plans; she will regrade and submit a new plan and the spa will require some engineering work. Motion: To stay the abatement proceedings pending review on September 5, 1990 Moved: Logan, Seconded by Kuhn Vote: AYES: Unanimous Mayor Logan noted that Council expects improvements and if conditions revert to prior conditions, such as the trucks reappearing, the Council will reactivate the abatement immediately. G. UNFINISHED BUSINESS 9. POINT TIBURON COMMUNI1Y SERVICES DISTRICf BONDS REFUNDING (Authorize Refunding and Sale of Junior Bonds to TP A Pool) Due to the lateness of the hour, the Council waived the Staff report. Motion: To adopt (a) Resolution Approving Legal Services, (b) Resolution Approving Indenture Providing for the Form, Execution and Issuance of Bonds, ( c) Resolution Approving Official Statement, (d) Resolution Approving Bond Purchase Contract and Ordering Sale of Bonds, and (e) Resolution Approving Escrow Agreement. Moved: Kuhn, Seconded by Thayer Vote: AYES: Unanimous TOWN COUNCIL MINUTES #880 5/16/90 8 10. PROPOSmON 107 (Ecumenical Association for Housing & Tiburon Housing Committee Requests to Support Proposition 107 - Resolution) After a brief discussion, Council agreed not to take a political position on Propositions. H. NEW BUSINESS 11. TOWN'S LANDSCAPING REOUIREMENTS (Review Current Policy & Procedure) The Planning Director stated that the practice of accepting bonds in lieu of landscaping has become the practice rather than the exception; requested direction from Council; suggested that no Occupancy Permit be issued until landscaping is installed except for extreme hardship situations, Staff can accept a bond; asked Council's permission to send letter directing landscaping be installed in thirty days or Town will do the job for them; acknowledged that some plans might need to be amended for draught resistant plants. The Town Manager noted that Mr. and Mrs. Webb were present and they were being caught in the middle if the Town proceeded to change the rules; suggested more lead time be given to the applicants. Mark Webb, 86 Via Los Altos, stated his home has been under construction for over a year and they are two weeks from move in date; from the beginning they were told the landscaping was something they could bond for and then complete it; landscaping is underway; sold their home and have to be out at the end of the month; would be an extreme hardship on his wife and two small children to find temporary housing for a couple of months while landscaping is being completed. Council instructed Staff to formulate policy and phase it in as appropriate to current applicants; adequate assurance should be given the Town that draught resistant type landscaping will be installed in a reasonable amount of time; discretion to be used by the Planning Director. The Planning Director stated he would like to require a deposit that the landscaping be installed within six months. 12. 1990-91 TOWN BUDGET (Set Town Council & Public Hearing Dates) The Town Manager reviewed the Staff report which set dates for June 6, June 11 and June 18. Council decided to conduct the first hearing on June 6 and then determine subsequent dates. 13. CHAPTER 8 TAX SALE (Property Located Adjacent to & Near Stone Tower) No action was taken. TOWN COUNCIL MINUTES #880 5/16/90 9 I. COMMUNICATIONS 14. TALDAN SETILEMENT AGREEMENT - Informational Item - Continued to June 6, 1990 J. COUNCIL, COMMISSION OR COMMITfEE REPORTS There were none. K. STAFF AND TOWN MANAGER REPORTS Zoning Ordinance Committee (Status Report by Planning Director) INFORMATIONAL ITEM HILLHA VEN UNDERGROUNDING The Town Manager stated that he received a letter from Fred Hannahs requesting the Town put up half the cost of the engineering fees to get the precise cost of the undergrounding district and the Town would be reimbursed if the district goes forward; the amount requested is $4,250. Council agreed that they were in favor of undergrounding but the Town as a whole should not be subsidizing something that benefits only a few residents. L. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Logan adjourned the meeting at 12:20 A.M., May 17, 1990 sine die. ATTEST: (.101-'4;' ,'11(. ~ THERESE M. HENNESSY, TO CLERK TOWN COUNCIL MINUTES #880 5/16/90 10