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HomeMy WebLinkAboutTC Minutes 2017-03-01 TOWN COUNCIL REGULAR MEETING MINUTES CALL TO ORDER Mayor Fraser called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, March 1, 2017, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell, Tollini PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock, Director of Public Works/Town Engineer Barnes, Director of Community Development Anderson, Chief of Police Cronin, Planning Manager Watrous, Town Clerk Stefan ORAL COMMUNICATIONS There were none. INTRODUCTION OF NEW TOWN EMPLOYEES Chief of Police Cronin introduced two new town employees: Police Service Aide Bianca Wilmott and Police Officer John Gomez. He said Ms. Wilmott was a Marin County native who attended the Santa Rosa Police Academy and Officer Gomez was a native Texan who had served in the US Army for several years. He administered the Oath of Office, and gave each of them their badges. Officer Gomez was pinned by his wife. CONSENT CALENDAR CC-1. Town Council Minutes—Adopt minutes of February 15,2017 regular meeting(Town Clerk Stefani) CC-2. Investment Summary — Adopt report for month ending January 31, 2017 (Director of Administrative Services Bigall) CC-3. Legal Services Retention Agreement — Consideration of amendment to legal services retention agreement (Office of the Town Manager) MOTION: To adopt Consent Calendar Items 1-3, as written. Town Council Minutes #05-2017 March 1, 2017 Page 1 Moved: Tollini, seconded by Fredericks VOTE: AYES: Unanimous ACTION ITEMS AI-l. Reappointments to Town Boards, Commissions — Consider reappointment of commissioners whose terms have expired (Town Clerk Stefani) Town Clerk Stefani gave the staff report. She reviewed the current vacancies on Town boards and commissions,and said four vacancies were created when four current board members'terms expired in February,2017. She said three of those incumbents would be seeking reappointment this evening: Mr. Chuck Clemons of the Building Code Appeals Board, Mr. Gordon Cousins of the Design Review Board and Mr. David Kulik of the Planning Commission. She also gave a brief update about several unscheduled vacancies on the Building Code Appeals Board,the Marin Commission on Aging,the Hilarita Board,and the Artist Laureate. She concluded her staff report. Mayor Fraser asked what the Town might do in addition to inform the public of these current vacancies. Town Manager Chanis suggested adding an advertisement in TibTalk. Councilmember Fredericks also suggested reaching out to Homeowners Associations. Mayor Fraser opened the floor for public comment. There was none. MOTION: To reappoint the following commissioners whose terms expired on February 28, 2017: David Kulik (Planning Commission); Gordon Cousins (Design Review Board), Chuck Clemons (Building Code Appeals Board); and to direct staff to continue to advertise to fill the remaining vacancies on Town Boards, Commissions and Committees. Moved: O'Donnell, seconded by Fredericks VOTE: AYES: Unanimous AI-2. Tiburon Boulevard Relinquishment—Receive report from Staff on status of work to date and provide direction to staff on future steps (Department of Public Works) Director of Public Works Barnes gave the staff report. He said CalTrans responded positively to initial discussions on Tiburon Boulevard relinquishment on the condition that the Town was seriously considering it and it would be at no cost to them. The Town then entered into a cooperative agreement with CalTrans to do a PSSR study,but later asked CalTrans to put the PSSR on hold until the passage of legislation in June 2014 and then again due to some hesitations about what the project might look like for the Town. Town Council Minutes #05-2017 March I, 2017 Page 2 Director Barnes showed a photo of the proposed boundary that has been under discussion with CalTrans—extending from just east of Lyford Drive to Main Street. The agreement with CalTrans stipulated that the Town would pay$108,000 for the PSSR.Thus far, $18,000 has been spent and the project is currently on hold. Council directed Staff to conduct a cost/benefit analysis for the Town. Consultants estimated this analysis would cost approximately $40,000 and informed staff that the Town would need to provide the costs and would need to provide some analysis for benefits. The benefits of this project have been difficult to quantify into dollars. Director Barnes said Staff is seeking direction from Council whether to keep this project on hold,as it has been since 2014, stop the project or ask CalTrans to restart the PSSR study. He concluded his staff report and invited questions from the Council. Councilmember Fredericks asked if the Town spent the $40,000 to do the cost/benefit analysis. Director Barnes confirmed that the Town did not spend that amount; only $18,000 for the PSSR. Councilmember Tollini referenced the estimated cost of maintaining the Boulevard($133,000);she asked if the Town was already paying a portion of that cost for maintenance. Director Barnes said the Town does not do maintenance for CalTrans,but he has called on them to do storm drain maintenance if there is a problem. Mayor Fraser noted that if the Town assumed ownership of the Boulevard, the Town would be responsible for storm drain maintenance. He asked if there was a way to discuss storm drain maintenance work with CalTrans, since particularly since the current downtown storm drain issues may be connected to maintenance work they are responsible for. Director Barnes said the current storm drain problems downtown have to do with rerouting lines on Beach Road. Councilmember Fredericks asked for confirmation that CalTrans is not necessarily responsible for fixing the Beach Road flooding issues. Director Barnes confirmed. He said the Town has studied how to address that problem, and the project would cost approximately $500,000. Councilmember Fredericks asked if those issues were related to storm surges or regular high tides. Barnes said a regular high(or king) tide could still cause flooding in that location. Mayor Fraser asked for confirmation that none of the storm drain issues on Tiburon Boulevard are the responsibility of CalTrans. Director Barnes confirmed. Mayor Fraser opened floor for public comment. There was none. Town Council Minutes #05-2017 March 1, 2017 Page 3 Councilmember Fredericks said there would be no loss to putting the project on hold as there is no immediate project that would call for the Town to have control of the road. She said there was an added issue that part of the right-of-way is in use by private property owners. Vice Mayor O'Donnell gave a brief history of the project, and said the idea stemmed from discussions about what we could do to beautify the downtown. He said he was initially in support of the project,but his opinion has shifted. He said the downtown property owners intended to improve their properties too, but have not followed through. He agreed with Councilmember Fredericks, particularly in light of the necessary improvements that need to be made in response to rising tides. Councilmember Doyle agreed. He said he had hoped constructing the library roundabout, and changing the transition into our downtown,would prompt further improvements,but there does not seem to be much interest in moving forward by the property owners. He said this year's storms brought a very large volume of water into the downtown, and it would be a lot of work for us to maintain those areas if we were to assume ownership. Councilmember Tollini said she still likes the idea of assuming ownership of the Boulevard and revitalizing the downtown,but the Council does not have any defined projects yet. She said it makes sense to put it on hold at this time. Mayor Fraser agreed and asked if the Town can indefinitely put the relinquishment on hold without losing the ability to assume ownership at a later date. Director Barnes said there has been legislative action that states Tiburon Boulevard will become the Town's property when both parties agree to it, and that will not change without further legislative action.However,the Town also has a cooperative agreement with CalTrans to do the PSSR.He said the Town could either keep this agreement, or fold it and do another in the future. Councilmember Fredericks did not think CalTrans would block future action and said Town would not have to go back for another legislative action if Council were to opt to fold on this agreement. Town Manager Chanis said the "relinquishment manual" for CalTrans has changed since the agreement was made, and will likely change again. He said there is no downside to keeping the relinquishment on hold,but Council should be aware that the rules may change again by the time the Town is ready to pick this project up again. It is difficult to predict future hurdles at this time. Vice Mayor O'Donnell commented that perhaps this project will come up again when it is time to discuss the library expansion and the Tiburon Boulevard and Mar West intersection. MOTION: To put the PSSR on hold. Moved: Fredericks, seconded by Doyle Vote: AYES: Unanimous AI-3. Senate Bill 415 Discussion/Direction — Receive informational report on SB 415 (Voter Town Council Minutes 405-2017 March 1, 2017 Page 4 Participation)and consider changing election date from November of odd-numbered years to June or November of even-numbered years (Office of the Town Clerk) Town Clerk Stefani gave the staff report. She said the California Voter Rights Participation Act will require municipalities with a significant decrease in voter turnout at their most recent odd-numbered year municipal election to consolidate municipal elections with statewide (even-numbered year) elections. She showed a figure outlining Tiburon's voter turnout in the 2015 election (29.36%) compared to average voter turnout in Tiburon even-numbered year elections. She said the differential of 40% does constitute a significant decrease in voter turnout, and will require the Town to change dates of its municipal election to even-numbered years. She said the only way to change election cycles to even years is to alter terms of office in some way. She gave an overview of the different options for compliance: ➢ Consolidate with June of even-numbered year elections, rather than November. ➢ Extend current Councilmembers terms of office by one year, cancelling the 2017 and 2019 elections and moving them to 2018 and 2020, respectively. ➢ Alter the terms of office of future candidates, causing those candidates to run for 3,4.5 or 5 year terms,beginning with either the 2017 or 2019 election, then to resume four-year terms in the following election cycles. She said there were deadlines to consider: the bill requires at least one even-numbered year election to occur by the year 2022. To ensure timely compliance, Council should consider the various timelines that go alongside each option, and possible limitations. Stefani also commented as many school and special districts have already left the November 2017 ballot in their own pursuit of statewide election consolidation, odd-numbered year elections will increase in cost beginning with the November 2017 election. Prior-to the passage of this bill,election costs were approximately $1.75-$3.00 per registered voter, and are now expected to rise to at least $4.00-$6.00 per registered voter. She concluded her staff report. Mayor Fraser opened the floor for public comment. Andre Manzel asked why only one odd-numbered year data point was included in the voter turnout analysis. Town Clerk Stefani said the bill defines low voter turnout by comparing only a city's most recent odd-numbered year voter turnout to the average of the past four-even-numbered year elections. Vice Mayor O'Donnell said Mr. Manzel made an interesting point because voter turnout is more likely to be low when there is an unopposed Council race. Town Manager Chanis said he suspected that was part of the bill's purpose: to ensure voters participate in unopposed elections. He also reiterated that while we are not reviewing data from Town Council Minutes #05-2017 March 1, 2017 Page 5 previous years,those data points cannot be used in the analysis required to determine if Tiburon has experienced a significant decrease in voter turnout. O'Donnell said voter turnout in Tiburon was higher when there was a contested election. He said people voted based on what they are interested in,and not necessarily on everything on the ballot.He felt that pushing the necessity to vote was questionable, and did not think this bill was beneficial to the affected municipalities and districts. He said people who want to vote should be able to vote,and those that do not want to vote,should not have to.He believes that local governments should handle local issues,and to involve local elections with national elections would be a mistake.He feared this consolidation was symbolic of movement toward creating a"power structure". Councilmember Tollini said she does not believe that the purpose of the bill was that nefarious,but suggested moving the elections to June to keep a bit of separation. O'Donnell said the most recent June election(the Presidential primary)did not have great results.He said there has been talk of moving the primary elections in California because, like in 2016, many Republican candidates had already left the ballot by the time California voted. He said Californians may essentially, have less of a say. He did not agree with putting local districts on a national stage. He commented on the possible unintended consequences of this law. He said the results will likely be highly-politicized districts and city councils. Councilmember Fredericks suggested future candidates refuse endorsements during their campaigns if they wish to attempt to remain more non-partisan. O'Donnell said the situation still may arise when a local candidate is asked about a politicized measure that may have nothing to do with local issues. Councilmember Fredericks thought that the Mayor and Council have a lot of control over"keeping local government local". Mayor Fraser asked if the Council was required to make a decision tonight. Town Clerk Stefani said the Council does not have to make a decision tonight,but said an ordinance should be adopted in April to ensure timely consideration before the Marin County Board of Supervisors if Council wishes to make any changes to the 2017 election. Councilmember Fredericks wished to comply with the bill by making the simplest change possible. O'Donnell said the Town should conduct the 2017 and 2019 elections. He said it would not be right to extend their current terms; they should serve the terms they were voted for. Councilmembers Tollini and Doyle agreed. Town Council Minutes #05-2017 March I, 2017 Page 6 Councilmember Fredericks agreed, and asked what their options were from this point. Town Clerk Stefani said to begin the change with the 2017 election, candidates may run for three, four-and-a-half or five year terms in the 2017 and 2019 elections. Mayor Fraser said he believed changing 2017 and 2019 elections to three year terms seemed to be the best solution. The rest of the Council agreed. MOTION: To comply with SB 415 by altering the terms of future candidates to run for three- year terms in the 2017 and 2019 elections, to then resume 4-year terms in the subsequent election cycles. Moved: Tollini, seconded by Fredericks VOTE: AYES: Unanimous PUBLIC HEARINGS PH-1. 77 East View Avenue— Consider appeal of Design Review Board approval of a site plan and architectural review for the construction of a new single-family dwelling (Community Development Department) Owners/Applicant: Clinton Yee Appellant: Riley F. Hurd III/Andrina & Kenneth Welter Address: 77 East View Avenue Accessor Parcel No.: 060-105-92 Staff Report Planning Manager Watrous gave the staff report and gave a brief history of the project. He said the Design Review Board approved Site Plan and Architectural Review for a new single-family dwelling at 77 East View Avenue on January 19, 2017. The appeal was filed by the owners of the property next door, at 81 East View Avenue. He noted that while the application was for a new single-family dwelling,the proposed changes were for modifications to an existing home. He said the changes proposed exceeded the demolition threshold and the application would be considered as a new home. Watrous said when the Design Review Board reviewed the application last year, several neighbors raised privacy and view concerns. The DRB shared those concerns, and felt the home was too large and wide, and requested better compliance with the hillside design guidelines. The applicant submitted revised plans over the course of two subsequent DRB meetings before approval in January for the construction of a new home with a floor area exception, and variances for lot coverage, reduced front setback and excess building height. Town Council Minutes #05-2017 March 1, 2017 Page 7 He said the applicants filed an appeal with five grounds: a lack of compliance with the hillside design guidelines, view blockage, close proximity to the appellant's dwelling,privacy impacts and lack of findings required to approve an application with such requests. Planning Manager Watrous gave a brief overview of the grounds of the appeal, and Staff's analysis. He noted that Corinthian Island homes are very close together,so expectations for privacy should be moderated. He said Staff believes the Design Review Board appropriately applied the guiding principles for hillside design, and said the proposed home would not result in substantial view or privacy issues. He added that the Board recognized the difficulty in modernizing homes on Corinthian Island during their review. He concluded his staff report. He concluded his staff report and invited questions from Council. Mayor Fraser asked about the difference between a home that is "cut" into the hillside versus "stepped". Watrous said cutting is cutting into the grade, whereas stepping would be movement alongside the existing grade. Mayor Fraser inquired about the appellant's borrowed view. He asked if it was incorrect usage of that term to only apply it to vacant lots. Watrous said the term"borrowed view"applies to properties with both an existing undersized home and a vacant lot. He said one could reasonably assume these lots would be expanded upon. Councilmember Fredericks asked what parameters one might use to reasonably expect a large expansion of the home next door,particularly one that already had exceeded normal floor area ratios. Watrous said there are certain neighborhoods in Town, like Corinthian Island, where there are consistent development patterns of homes that exceed FAR, setbacks and heights. Appellant Presentation Riley Hurd, attorney for the appellants, Kenneth and Andrina Welter, called the proposed home "wildly non-conforming" and said there were serious impacts that needed a separate look. He said that this home is requesting several variances, and these deviations from the code should be a privilege, rather than a right. He showed a schematic of the impacts of the proposed home from the bedroom of the appellants,and said this home will affect the appellant's light, privacy and views. Of the design guidelines,he said one might refer to a view across a vacant lot a"borrowed view",but that is not the case here. He said the home is not stepped into the hillside as it should be. He said the major impacts are the applicant's refusals to pull back the upper level, and the upper level deck now looks into the appellant's master bedroom. He said his clients believe the applicant should build a home as large as he desires, but it should not be at their expense. Town Council Minutes#05-2017 March 1, 2017 Page 8 He concluded his report and stated that the legally required findings to support these exceptions cannot be made. He invited architect Michael Rex to review possible solutions and alternatives to the design that has been proposed, such as a floor plan consistent with the rest of the neighborhood. Michael Rex distributed several concept designs to the Council, and said these designs were proof that there were alternatives to the design the applicants have proposed. He pointed out that reducing the size of one set of interior stairs, and eliminating one powder room, would create a design that would alleviate many concerns. Councilmember Fredericks asked about any code restrictions for the interior stairs mentioned. Applicant Presentation Architect Michael Heckmann said the Design Review Board made the right ruling. He said he was confident this project is approvable and would be a good addition to the neighborhood. He said he has reviewed the drawings with great detail and made appropriate revisions to respond to the neighbors' concerns. He commented that the architect hired by the appellants may have drawn the "proof of concept" drawings at a misleading scale,and included an unsafe stairway to make everything fit into a smaller space. Of the variances requested,he said these requests are common in this neighborhood and every home nearby has similar variances, including the appellant's home. He said this lot is slightly larger than others nearby, and for that reason, the lot can accommodate more square footage. Mr. Heckmann said this neighborhood is dense and suburban,and the expectation that neighbors will not be able to see each other is unrealistic. He said the home he and his client have proposed has a modest living space, with a height commensurate with others in the neighborhood, and the Design Review Board believed it was appropriate distance away from the homes next door. He asked that the Council affirm the decision made by the Design Review Board. Councilmember Fredericks asked Mr. Heckmann why the alternative stairs were unacceptable. Mr. Heckmann said the stairs dropped too quickly and would not be reasonably included in a new home for safety reasons. Fredericks asked if there was a code-compliant way to build them.Heckmann said there may be, but it would still be unsafe. Fredericks asked about the loss of living space. Heckmann said there would be a loss of space with the proposed alternative. He said it would be a smaller floor area, a smaller and nonfunctional stairway. Town Council Minutes #05-2017 March I, 2017 Page 9 Councilmember Doyle asked about the changes that had been made between the Design Review Board meetings,particularly why the home was expanded another four feet. Heckmann replied that the living space was reduced when they moved the garage and said the expansion was to capture the difference in living space that had been given up. He added that a view from the bedroom is not a critical view element, and should not be given the weight it has been given. Doyle asked what had changed after the Design Review Board's initial criticisms and comments. Heckmann said the resulting design was based on the comments of the Design Review Board, and the Board accepted the changes made as appropriate. Vice Mayor O'Donnell clarified that the changes made included moving the garage and reducing floor area. Heckmann said he and the applicant have done everything they can to maintain the appellant's privacy and light to their home. The applicant, Clinton Yee, agreed and said he had tried to work with the appellants to develop a compromise. Public Comment Mayor Fraser opened the floor for public comment. The appellant's realtor said she represented the appellants when they purchased their current home. She said they gave up a lot for their view, and this development would reduce their property value. She said the applicant should agree to put the living space on the second level, like other homes nearby. She said the Town granting variances puts the community at risk because a person might not be able to reasonably expect what might happen next door; the guidelines exist for a reason. Vicki Sedaro,489 Washington Court, said the applicant was not a courteous neighbor to her during his previous construction project on her street. David Mittleman said the design standards have not been properly applied in this case. He argued that the design guidelines are clear that a buyer of a home next to a vacant lot can reasonably expect a home will be built there, but might not reasonably expect a neighbor's home expansion be permitted to infringe on their partial view. He said Tiburon residents value their partial views, and expect the Town will protect the view they purchased. Appellant Rebuttal Mr. Hurd said the solution is simple: if the applicant desires to keep the square footage on the top of the home,they should have a one car garage.If the applicant wants a two-car garage,they should put their living area on the middle floor. He said that while their architect did draw the plans to scale, those drawings were only meant to be a proof of concept that changes can be made. Andrina Welter,appellant,expressed stress as a homeowner over the course of this process. She said Town Council Minutes 905-2017 March 1, 2017 Page 10 she and her husband trusted the Town of Tiburon to support the common idea amongst residents that their views would be protected and cherished. Applicant Rebuttal Mr. Heckmann said their team had responded to the neighbor's requests and provided solutions to the issues they raised. He said the Design Review Board believed his team had compromised appropriately and provided a proper and balanced solution. He said this is about one minor view issue, and the bulk of the appellant's view would be preserved. He asked that the Council affirm the Design Review Board's decision. Council Discussion and Decision Councilmember Doyle said he prefers to give leeway to an existing home because it is already there and was bought for a specific reason. He said he does not see how this proposed home complies with the design guidelines, and does not like to give cars precedence over view. He believed the Design Review Board's initial criticisms were correct,and he did not see how substantial changes had been made. He said this home infringes on the neighbor's privacy,and it does not seem right to put a deck across from a neighbor's bedroom. I Ie commended Mr.Heckmann's skill as an architect,and said he is confident he could develop an alternative. He said he would uphold the appeal. Councilmember Fredericks agreed. She felt conflicted about preserving a view from a bedroom,but was bothered by an open area that could accommodate lots of activity so close to a bedroom. She said design is supposed to help create community, and creating something that will cause neighbor conflict is not the best way to approach things. Vice Mayor O'Donnell agreed,but said view is still an important consideration in this case.He said he believes an opportunity for compromise exists, and expectations should be moderated. He said this home is not stepped back according to the hillside design guidelines, and the entire upper floor should be shrunk.He suggested eliminating the deck entirely,as decks in Tiburon are often not well utilized due to weather. For that reason, the privacy concern could be alleviated and perhaps room for a compromise to maintain space on the upper floor. He said he is confident Mr. Heckmann could develop a solution, and said he would vote to uphold the appeal. Councilmember Tollini agreed that changes cannot be made to an existing home, and there is more flexibility for the builder. She also believed there was more room for compromise, and agreed that the deck should not look into the bedroom window. Mayor Fraser thanked the appellants and the applicants for their presentations. He also acknowledged Mr. Heckmann's skill as an architect, but agreed with his colleagues. He said the home is not stepped back into the hillside according to the design guidelines, and commented that there are other ways to capture square footage. He said he would vote to uphold the appeal. MOTION: To grant the appeal, and direct staff to return at the next regular meeting with a Town Council Minutes 905-2017 March I, 2017 Page II resolution memorializing that decision. Moved: Fredericks, seconded by O'Donnell Vote: AYES: Unanimous TOWN COUNCIL REPORTS Councilmember Fredericks made a short report on Senate Bill 375, which would require local jurisdictions to submit periodic reports on their progress toward building the regional housing number allocations,and if they did not,they would be required to pass a package that allowed multi- family dwellings with affordable units to be passed by ministerial action. TOWN MANAGER REPORT Town Manager Chanis reminded the Council of the upcoming Council-Staff Retreat to take place on Friday, March 3 at the Ranch. He said he had binders with documents relating to the retreat agenda items for the Council to take home with them this evening. WEEKLY DIGESTS Received. ADJOURNMENT There being no further business before the Town;F � wn of Tiburon, Mayor Fraser adjourned the meeting at 10:00 p.m. JIMOR ATTEST: LEA F NI, TOWN CLERK Town Council Minutes #05-2017 March I, 2017 Page 12