HomeMy WebLinkAboutTC Min 1990-03-21
TOWN COUNCIL
MINUTES
CLOSED SESSION
Mayor Logan called the closed session of the Town Council of the Town of Tiburon
to order at 7:05 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 7:40 P.M., Wednesday, March 21, 1990 in Room 5, Del Mar
School, Tiburon, California.
A. ROLL CALL
PRESENT:
COUNCILMEMBERS:
Coxhead, Duke, Mayberry, Shaw,
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, Associate Planner
Anderson, Finance Director Stranzl,
Town Clerk Hennessy
B. PUBLIC QUESTIONS AND COMMENTS
There were none.
C. SPECIAL PRESENTATION
EARTH DAY 1990
Fleur Green recited a prayer and sang a song as she dedicated an Earth Day flag
to the Town Council. Mayor Logan stated the Town is supporting the Global Cities
Project and with the City of Belvedere, the Town will be announcing activities
during the week of April 22.
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D. CONSENT CALENDAR
Motion: To approve the Consent Calendar consisting of the following items:
1. APPROVAL OF MINUTES #869, March 7, 1990
2. FAIR HOUSING MONTH (Designating April Fair Housing Month - Resolution)
3. 1988-89 TOWN AUDIT (Accept 1988-1989 Audit)
4. AB 3458 (Friedman) ATTORNEY FEES - SETTLEMENT OFFERS (Recommend
Opposition)
5. AB 145 (Costa) CALIFORNIA PARK, RECREATION & WILDLIFE
ENHANCEMENT ACT OF 1990 (Recommend Opposition)
Moved: Coxhead, Seconded by Shaw
Vote: Ayes: Unanimous
E. PUBLIC HEARINGS
6. SKATEBOARD AREA PROPOSAL (Temporary Use Permit to Establish
Skateboard Park Adjacent to Richardson Bay Sanitary Treatment Plant at
Blackie's Pasture - Resolution)
The Planning Director reviewed the Staff report; the proposal was for a skateboard
area west of the chain link fence and adjacent to the old railroad mound next to
the Richardson Bay Sanitary District facility. If approved, the Council would be
adopting a one year Temporary Use Permit. Staff thinks this is the only acceptable
site and the proposal is an acceptable design.
Bob Minton, proponent, parent of two skateboarders, researched other skateboard
areas. He stated this was an opportunity to say yes to the children; they followed
the Council's guidelines, established a need, answered concerns throughout the
community; stated City of San Jose conducted a nationwide study and
skateboarding is not a fad and is here to stay; read some of the conclusions of the
study; stated Town of San Anselmo is also beginning to study a skateboard area;
noted that despite two years of research, study, public hearings, Parks & Open
Space Commission recommendation to the Council, there will continue to be voices
of opposition; voices of fear and misguided information; voices of fear of children's
voices plaYing; fear of our children being visited by children of other cities; this
scale skateboard area will not attract other children; fear of traffic congestion
though skateboarders aren't drivers; landscaping will shield surrounding area of the
skateboard area; stated the Council will hear of drugs being brought in; stated in
reality, skateboarding is one of the most drug free activities; we run a greater risk
when we allow our children to go to other cities; stated they had presented the
Council with a petition of over 100 signatures; provided a list of Oversight
Committee members; the Council has the support of both Police Chiefs; the Council
has the opportunity to fill a real need; an opportunity to say yes to the children.
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The Mayor opened the public hearing.
Don Batten, President Belveron Homeowners Association, stated the Council had
received a petition from WaYne Snow of Belveron opposing the proposed location
for a skateboard park; Mr. Batten maintained the logical place is a school yard
where noise and space has been considered for years; if it can't be there because the
school doesn't want to assume the responsibility, why should the Town; stated the
Council's actions in the future will depend on one thing; don't do it.
Ellis Cox, resident for 42 years, 114 Howard Drive, stated he had observed
skateboarders in France; impressed the kids regulated their turns; they had
contests; stated he thought if the Town is too chicken to try it for a year, they are
selling their youngsters short.
Frank Dittle, Superintendent of Richardson Bay Sanitary District, stated their
Board of Directors asked him to address the Council regarding their concerns;
stated the Board has no objection per se to constructing a park on the proposed
site; worried about liability to the District due to proximity; asked for a survey to
insure no encroachment on their property; requested a safety barrier between their
property as well as the multi-use path; stated a public telephone and first aid
station would be advisable; stated close proximity of this park might encourage
people to seek aid at their office and they do not have the facility to offer assistance.
Ron McDonald, 820 Stonyhill Road, stated he skates downtown and thought the
Council should build something so they don't have to skate downtown.
Winifred Hill, Virginia Drive resident for 39 years, stated she took petitions around
when this was first proposed and again recently and majority were opposed to a
skateboard area both times; always believed the will of the people involved should
carry great weight; that's her idea of democracy; they object to noise, lack of
security for those walking on the path and law suits against the Town.
Sarah Doyle, Roosevelt Court, stated their real estate broker noted there would be
a skateboard area and with three young sons it was an asset; she has taken her
children to Benicia; stated children participate in regulating themselves.
Leona Kaplan, Virginia Drive, stated noise issue concerns everyone in the area;
stated they live in the farthest house and can hear the noise from the soccer games;
stated right above the skateboard park lives Mae Williams who is bedridden and
the noise would be quite a hardship; thought it a great sport and the nature of it
is quite exuberant and when you slam the board it makes noise.
Kathy Hunter, Harriet Way, stated there are a group of citizens concerned about
the park itself; circulated a petition which 300 people signed; key issues seemed to
be liability issue, visual and noise; park has been designed to be passive in use;
designed without structures and a cement bowl and ramp alter the visual
component; safety concerns need to be addressed; senior women felt concerned
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about walking on the path; concerned about young children who don't know how to
skate. Ms. Hunter noted that only about 10% of the residents in Tiburon have
children; in the age group to use the skateboard area, there are only about 2 1/2%
of the population; noted this is a minute number of skaters compared to those
opposed to the construction of the site in the Richardson Bay Lineal Park and we
strongly object to building a skateboard park in the park. In response to Mayor
Logan, Ms. Hunter stated she considers bicycles to be a passive use because there
aren't groups of them.
Tom Edmondson, 7 Juno Road, questioned whether there would be "boom boxes"
allowed. The Planning Director stated condition 4 of the proposed Resolution
covers noise levels.
Pat Holden, Parks & Open Space Commissioner, stated the Town has a Precise
Plan for Blackie's Pasture and placing this skateboard area in the proposed
location will interfere with the development of Blackie's Pasture. The Planning
Director stated the proposed area has no dedicated use; there's no technical reason
why the skateboard area cannot be built in that location. Ms. Holden asked about
beautifying the area. The Planning Director stated he didn't feel there was an
environmental issue; one significant advantage is that there is a natural berm as a
result of the railroad trestle.
Dave Allen, resident of Belvedere/Tiburon most of his life, businessman here for 50
years, stated his principle reason for supporting this is not just to protect the
Boardwalk but to get the children off the public streets; thought the Town's
insurance was safer to have a designated area; talked to the Joint Recreation
Committee who individually supported the skateboard park in the proposed
location; since the Committee serves under the Council they didn't want to take a
stand as a Committee. Mr. Allen stated they had support from all sections of
Belvedere & Tiburon; financially they can get support from the Chamber of
Commerce; asked for Council's support; recognized the concerns of all neighbors
but thought it an opportunity for the Town Council to give their approval.
Mr. Romera, Ned's Way, stated if you skateboard downtown you get fined ten hours
of community service for having fun; didn't think it was fair.
Resident, 49 Washington Court, expressed concern regarding overflow parking in
Belveron West; they have difficulty making left turn from Jefferson Drive now; has
three children who use the South of the Knoll park; wouldn't feel safe using the
park as much as she would like for fear of being run over by more skateboarders;
urged Council to recognize their petition.
Dick Oliver, 39 Reed Ranch Road, stated the area would need full time supervision;
didn't think it would stop kids from using Reed Ranch Road; recommended a full
time employee checking the children in, finding out where they are from and
checking the noise level, and if they aren't adhering to rules, it should be torn out.
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Linda Heppner, 42 Juno, asked who would supervise the activity; she has been run
over by skateboarders at the Cala Shopping Center and then cussed out. The
Planning Director stated there is an Oversight Committee.
Kevin Doyle, 8 Roseville Court, thought there was more danger of being hit by a
bicycle because they go faster and are more reckless; people shouldn't fear
skateboards; they don't want to hit you.
Jeffrey Madden, 539 Virginia Drive, doubted the Town would open a public
swimming pool with an Oversight Committee and no one on hand to oversee the
pool; thought it would behoove the Town to have it supervised if it is built; felt they
were entitled to peaceful enjoyment of their property; this proposal would be wrong;
large groups of people congregating; people from this area have travelled far to go
to other areas and this will draw people from the balance of the County; there will
be parking problems; who will enforce rules and regulations; posting a sign will not
do the job; the logical place would be a school yard where there would be
supervision and if someone gets hurt, there would be facilities to help them.
Councilmember Coxhead concurred with the comments that the will of the people
shall prevail; it is difficult to determine the will of the people; the Council has
letters from homeowner associations from all the surrounding properties urging
them not to approve a skateboard park; there is also a substantial amount of
interest in support of a skateboard park; also 300 signatures not in favor of a
skateboard park in this area; proposed location is objectionable for a number of
reasons; referred to June 1988 Staff report for a similar location which listed many
objections including an amendment to the Precise Plan for Blackie's Pasture;
potential traffic impacts have not been analyzed or evaluated; future maintenance
and funding sources need to be identified; this particular location is the center piece
of the traffic using the park and there will be a lot of converging at this point which
he thought makes it hazardous; for the hundreds of homes that look down on it, the
Town is adding a paved surface; cannot support this location; felt he could support
a location that is not highly visible and will not have a noise impact and will not
be drawing people from all over Marin County.
Councilmember Shaw clarified that his home is not located within 300' of the
proposal; noted that politics is the art of compromise; the proponents have received
approval for a skateboard area behind Town Hall; April 10 Ballot Measure will
decide fate of that site; there could be renewed interest in that location.
Motion: To continue discussion of a skateboard park location until May 2, 1990
after the Municipal Election
Moved: Shaw, Seconded by Mayberry
Mayor Logan disagreed; didn't think the Town Hall property would be available for
a skateboard park.
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Vice-Mayor Mayberry didn't feel the Town needed the entire area for a Town Hall;
preferred a smaller Town Hall to handle administration and meeting rooms and
have a community center at the Mar West site; modest Town Hall wouldn't take 4 +
acres and there should be room at the top for a skateboard park.
Mayor Logan noted the proponents have responded to everyone's concerns; personal
opinion was to approve this proposal with conditions; felt the Council had to be
concerned about the safety and welfare of the children in the community; Council
has already indicated its support in concept; didn't think there is a better area.
Council member Coxhead noted that the Staff report he referred to from June 1988
was not written by the Planning Director.
Vote:
AYES:
NOES:
ABSENT:
Coxhead, Mayberry, Shaw
Logan
Duke
7. ZONING ORDINANCE (Consider Town's Revised Zoning Ordinance,
Ordinance, 1st Reading)
There was a brief discussion regarding whether the current Town Council had
sufficient time to make a decision on the Zoning Ordinance prior to the election;
three of the four Council candidates were present at the meeting and all candidates
were receiving all letters, staff reports and minutes of meetings; it was decided to
go ahead with the public hearing.
The Associate Planner reviewed the Staff report.
The Mayor opened the public hearing.
Dick Oliver, 39 Reed Ranch Road, didn't think it was within the Council's purview
to rezone property that has been in existence for many years; didn't think it was the
Council's legal right to force him into a non-confirming status. The Associate
Planner responded that the proposed Zoning Ordinance as he understood it would
not have any substantial effect on his property except as it relates to the Floor Area
Ratio; noted the proposed slope policy only applies to the subdivision of property
and Staff has already suggested the slope policy be moved to the Subdivision
Ordinance.
The Mayor suggested that if residents want a specific opinion on a specific piece of
property they should ask Staff during business hours at Town Hall.
The Associate Planner reviewed the Staff report which elaborated on the R-2 Zone;
Non-Conforming Structures; Downtown Commercial Districts; Slope Determinations
and Floor Area Ratios.
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Bill Lukens, 160 Los Lomas, 26 year resident, served on the Planning Commission
and Board of Adjustments and Review, wanted to address the impact of the
proposed Zoning Ordinance on Old Tiburon; wanted to preserve the character of
the area; he had the only lot left that had development potential, and it was not his
intent to develop it ostensibly; wanted to have reasonable control of growth; lots in
Old Tiburon have unusual configuration; if FAR is applied to them they are non-
conforming to such an extent it would be difficult to remodel or expand without
running the risk that they would not be granted approval; thought they needed
similar consideration for the Old Tiburon area as the Bel Aire area; he has almost
an acre and couldn't build, remodel or add without the variance procedure; cited
Section 4.04.08 and noted the slope policy doesn't state it only applies to
subdivision; thought the proposed ordinance is nebulous and vague; it needs fine
tuning; it needs to be polished for the people of Old Tiburon; asked Council to get
an opinion from the Town Attorney whether the slope policy would apply to their
area.
The Planning Director stated Staff is recommending the slope policy be removed
and placed in the Subdivision Ordinance.
Councilmember Coxhead asked people to place their concerns in writing and note
the page numbers.
Katie Bruel, 57 Mercury, lending officer for Bank of America, stated the bank would
have a problem of refinancing non-conforming property.
Kirk Hanson agreed that financial institutions don't look favorably upon loaning
funds when a building is "legal non-conforming".
There was a general discussion of the Conditional Use Permit process and the intent
of the proposed Zoning Ordinance to preclude people from tearing down structures
and rebuilding them.
Jim Malott enumerated reasons why he felt adoption of the ordinance should be
delayed for 90-days; suggested forming an architectural group and neighborhood
associations to review the proposed ordinance.
Ken Kurtzman, 39 Lyford Drive, stated the proposed ordinance would limit the size
and the cost of an average home would be $150,000 less than it would have been;
current tax rate of 1% of new construction would result in each new home being
taxed $1,500 less; during the coming years with approximately 200 more homes, the
Town will have a loss of $300,000 per year in property tax revenue and about 1/2
of those funds go to Tiburon and the school district.
John Christensen, 538 Silverado Drive, concerned about remodeling, about time and
cost of getting exemptions; didn't feel he has had enough time to study this
ordinance and concerned about velocity of these hearings.
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Jon Rankin, President, Chamber of Commerce, reiterated objections to village
commercial and residential commercial distinction; visitors come for the same
reason that people moved here; they come for the vistas, bike path, parks;
businesses aren't magnets drawing people to Town.
In response to Councilmember Coxhead, the Planning Director stated Point
Tiburon's occupancy was reviewed by a special Use Committee which had to make
findings that the proposed business was a neighborhood serving business, and the
proposed Zoning Ordinance follows suit.
Jon Rankin noted that whatever the rationale was for the Point Tiburon zoning, it
didn't work.
Bruce Ross, Centro, stated that because of the ultimate consequences of this
ordinance, he thought Staff should prepare some sort of analysis or disclosure that
gives people the ability to understand the impact of the major portions of this
ordinance on the existing lots; asked that any previous analysis be disclosed; if an
analysis hasn't been done, he urged the Council to do it; need some objectivity;
stated nobody has talked about the ordinance as exclusionary zoning and didn't
think the State would like it.
Sid Lusker, 554 Tanya, five year resident, concerned about velocity of what's going
on; enclosed area below his house that would be ideal for their second child or a
rumpus room and he might not be able to build it according to the FAR; stated a
remodel of his house wouldn't change the character of the neighborhood; wouldn't
change the exterior of his house; would like to see some concrete examples or
scenarios that Staff could put together on what the eftects would be for the typical
situations in Tiburon; concerned about legislating taste; asked the Council to leave
taste to the homeowners, the architects and DRBs.
The Planning Director stated the FAR only qualifies what the DRB can do now.
Jim Malott disagreed with the Planning Director's statement; noted in the Code and
definition of zoning, the proposal is reducing the area by FAR; that's down zoning;
examples of FAR only apply to new construction and don't let people know what's
going on.
Escrow owner, 1673 Mar West, stated the house he is considering buYing is 5400
sq.ft. on a slope; 40 year old cabin; questioned whether he should buy it.
The Mayor responded he could not advise him.
The Mayor closed the public hearing.
Item continued to March 27, 1990.
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F. UNFINISHED BUSINESS
8. BRADLEY HOUSE ADDITIONAL HOUSING (Consider bids and Award of
Contract)
The Town Manager requested this item be continued to the March 27,1990 meeting.
G. NEW BUSINESS
There was none.
H. COUNCIL, COMMISSION OR COMMITTEE REPORTS
9. LEAGUE OF CALIFORNIA CITIES, NORTH BAY DMSION MEETING
Vice-Mayor Mayberry stated the written material submitted would provide the
necessary information.
I. COMMUNICATIONS
10. LCOTPOA Minutes, dated 2/27/90
Informational item.
.I. STAFF AND TOWN MANAGER REPORTS
11. Memo to Town Manager from Chief of Police, dt'd. 3/15/90 re Traffic Statistics
Informational item.
12. Memo to Town Manager from Chief of Police, dt'd. 3/15/90 re Commendations
for the Tiburon Police Department
The Mayor requested the Chief and Department be commended.
K. CLOSED SESSION
Mayor Logan adjourned the meeting at 10:55 P.M. to Closed Session to continue
discussion of litigation.
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L. AD.IOURNMENT
There being no further business before the Town Council of the Town of Tiburon,
Mayor Logan adjourned the meeting at 11:30 P.M. to 8:30 A.M., Friday, March 23,
1990 for Closed Session and 9:00 A.M. for adjourned meeting to discuss Personnel
disciplinary action.
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PETER B. LOGAN, MAYOR
ATTEST:
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THERESE M. HENNESSY, OWN CLERK
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