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HomeMy WebLinkAboutTC Min 1995-10-04 .F ,-[ I . "...... l <I> TOWN COUNCIL MINUTES CALL TO ORDER Mayor Thompson called the regular meeting of the Town Council of the Town ofTiburon to order at 7:46 P.M., Wednesday, October 4, 1995 in Council Chambers, 1101 Tiburon Boulevard, Tiburon, California. A. ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: COUNCILMHMBERS: EX OFFICIO: Ginalski, Nygren, Thayer, Thompson, Wolf None Town Manager Kleinert, Planning Director Anderson, Contract Planner Allsep, Town Attorney Sharp, Public Works Superintendent Iacopi, Town Clerk Crane B. ANNOUNCEMENT OF CLOSED SESSION ACTION Mayor Thompson said that no Council action had been taken in closed session but that Judge Panner had confirmed the sale of the Harroman property to the Town of Tiburon. He said the heirs have the right to appeal the decision but remained optimistic about the outcome. C. PUBLIC ~UESTIONS AND COMMENTS None. D. APPOINTMENTS TO BOARDS. COMMISSIONS OR COMMITTEES MOTION: Moved: Vote: To nominate Dolores Parhomenko to serve on the Design Review Board Thayer, Seconded by Wolf AYES: Nygren, Thayer, Thompson, Wolf NOES: Ginalski Councilmember Thayer said that Ms. Parhomenko had received glowing reports from the people he spoke to and would be a worthy addition to the Board. E. COUNCIL. COMMISSION OR COMMITTEE REPORTS 1. Marin County Commission on Aging. Jim Rice, Tiburon's representative gave a report on the County-wide Commission which plays a role in helping seniors discover what they want to get out of life and what things are available to them, and to express themselves in a public forum. He TOWN COUNCIL MINUTES #1065 October 4, 1995 ",. F 1 handed out a Directory of Services to be made available to the public and at Town Hall. Town Manager Kleinert commended Mr. Rice for playing an important role as stated in the Commission's newsletter in securing a grant from the Zellerbach Family Fund to study the positive aspects of aging. Mr. Rice thanked the Town ofTiburon for his appointment to the Commission. 2. Blackie's Brigade Update on Blackie's Pasture Improvements. Larry Smith, Chair, said how the grading work had dramatically opened up the pasture and estimated a completion date of October 13 per the contractor. In response to Council's previous question about whether or not gravel would be placed on the unpaved portion of the parking area, he said that the Town Engineer said the asphalt shavings which were to be spread on that portion of the lot should last for one season. The Brigade will attempt to raise the money for gravel for next season. He also said there was enough money to plant grass before the rainy season. Councilmember Nygren asked about water quality control into the Bay without gravel. Town Engineer Mohammadi said this problem was solved by the installation of a grease trap. Councilmember Ginalski asked whether the permit requirements would be met without gravel. J-... Mayor Thompson applauded the volunteer efforts of the Brigade. Chairman Smith said the over half the trees and shrubs had been planted and that the next challenge was to bring the irrigation system across the creek. He said that private funding was available for the future garden there. l 3. Senior Housing Advisory Committee. Larry Smith, Chair, said the Committee was about to enter into a developer competition and asked for Council comments. He said that a draft RFP had been created and the final draft would come before the Council. As to the question of whether to fund through Redevelopment Agency or not, he said the issue could be deferred until the financial proposal stage. He said the Committee thought a model senior housing development could be created despite the size limitation. Councilmember Nygren and Ginalski had questions about funding and whether there was a cost to the Town for the RFP [negative], and whether developers other than the ones helping draft the RFP would bid on the project [affirmative]. Councilmember Ginalski asked if the Town was helping out the developers by buying back units. Chair Smith said that the Town would choose which units to sell to very low lncome purchasers to satisfy Redevelopment Agency requirements. Councilmember Wolf said it was premature to discuss the sales prices and financing and Mayor Thompson cautioned against getting ahead of the project. TOWN COUNCIL MINUTES #1065 October 4, 1995 2 ~ r J.- ~ Councilmember Thayer said there would be a public hearing on the proposal when the time came. 4. Building Advisory Committee. Town Manager Kleinert gave a report in lieu of Chairman Wilson. He said a preliminary site plan still had to be presented to the library group, but that the environmental analysis of the site was progressing. He noted that the architect's contract would be on the October 18 agenda, and reported that the next HAC meeting would take place on October 23 at 8:00 a.m. 5. Hazardous/Solid Waste JP A. Councilmember Nygren said that JP A had adopted an amended budget anq had reduced the hazardous waste pick-ups from six to three per year, resulting in a 45% savings. She reported a probable rate increase of 31 cents per can per community, effective immediately, with a higher increase next year. She reminded Council of the need to comply with AB 939 and meet a further 25% diversion goal by the year 2000, and that San Rafael and San Anselmo had adopted a "Green Can" program as an effective step towards meeting this goal. F. CONSENT CALENDAR MOTION: Moved: Vote: To Adopt Consent Calendar, remove Item 7 (Sales Tax Resolution) Thayer, Seconded by Wolf AYES: Unanimous G. NEW BUSINESS 9. Town Right of Way Maintenance Program. Town Attorney Sharp addressed questions raised in the letter to the Town from the Bel Air Improvement Association (BAIA). He said that the Town has a right to compel correction of defects of Town right of ways by property owners; that 10 days is the time given in the Highway Code but could be relaxed; that there was no intent to scare anyone by sending out the Public Works' letter. He said the conclusions reached by one of the homeowner's insurance companies was wrong, and that the legal conclusions were also wrong [concerning homeowner liability for third-party injuries]. He said it was a good idea for the Town to provide specifications for repairs. Councilmember Thayer said the homeowners could get together and make repairs jointly or individually, or the Town could perform the repairs and bill them. Councilmember Nygren asked about a similar situation and Corte Madera. Town Manager Kleinert said that the Town had shared in part of the cost of the repairs. Councilmember Nygren suggested that the repairs might be rolled into the [proposed Tiburon] street tax. Mayor Thompson opened the public hearing. Carolyn Garretty, Secretary ofBAIA, asked how Public Works had determined which homes had to make improvements and that some who received notices had no damage. She asked TOWN COUNCIL MINUTES #1065 October 4, 1995 3 ... r ~ l Superintendent Iacopi if he could mark the sidewalks (yles) and whether trees uprooting sidewalks had to come down (yes). She said the Association had advised the homeowners not to take action until further information was available. Pamela Fyffe, Co-President ofBAIA, said she wanted the Town to take a positive, constructive approach to solving the problem. Hearing returned to Council. Councilmember Thayer said he would meet with Superintendent Iacopi, Garrety and Fyffe to survey the area. He said he did not know whether a special assessment district would be needed or how the project would be financed. Councilmember Nygren said there was an organization in San Rafael called "Marin Re-Leaf' which helps neighborhoods replace trees. She asked Town Clerk Crane to verify name of person in the organization (Sandra Salinger). She also said that: streets allover Town needed repair but there was not enough funds. Councilmember Wolf said a street tax would be "stiff, but brief," not spread out over 20 years or more. She asked Town Engineer Mohammadi to "get into the loop" on this project. Councilmember Ginalski suggested that the Town send out another letter to the neighborhood to explain the situation and to proceed with Councilmember Thayer's suggestions. Superintendent Iacopi said that the practice [of requiring repairs] had been in place for 25 years and asked the Council why he now needed to have their approval to proceed. Councilmember Nygren said the homeowners would still be responsible for the repairs. Mayor Thompson said the Town staff would still drive the schedule. 10. Plans for Construction of Two Dwellings at 1860 Centro West - Williams. Contract Planner Allsep stated that the agreement between the Town and the Williams had been executed requiring certain alterations by the Williams to their June, 1990 plans, and the that the new detailed plans were to be reviewed by Council. Town Attorney Sharp advised Council that the Agreem~mt did not compel them to accept any or all of the design features, and that they could judge whether a feature had a negative impact -per the Agreement. He also said Council should keep in mind whether the spirit of the agreement had been met. Council had questions regarding the changes called for in the Agreement, e.g. the elimination of two rooms, and whether they could question certain design features in the new plans, such as a copper roof, skylight, and Southwestern style of one of the buildings. They expressed concern about compatibility with other homes in Old Tiburon. Planner Allsep said that although the new TOWN COUNCIL MINUTES #1065 October 4, 1995 4 ~ F l ~. ~ plans in some ways were a departure from the old ones" they were also an improvement over the 1990 plans in other ways. Planning Director Anderson agreed that the scaling back of the size was an improvement and that a lot of the changes previously requested by the Design Review Board had been included in the new plans. Mayor Thompson opened the public hearing. Ed Riggin, 1876 Centro West, said the homes were being build on "spec" and that the Williams might not be able to sell them. He wanted to see a stipulation preventing subsequent owners from turning the homes into rental units. Stephanie Riggin, 1876 Centro West, was surprised at the size and design of the homes and said they did not compliment the neighborhood. Frank Buscher, 1751 Centro West, President of Lyford Cove/Old Tiburon Homeowner's Association, said 12 out of 19 people at the Homeown~~r's meetings showed concern about the size of the homes to be built. Winston Franklin, 1857 Mar West, asked for extra vigilance from the Town administrative team through the building permit process to ensure that the safety and design concerns of the neighborhood were addressed. Planner Allsep said that the Agreement required compliance with building permits, and that soil studies for and the soundness of the retaining wall would be reviewed. Freda Neureberg, owner of 1844-46 Centro West, asked for "intelligent scrutiny" of the project. Susan Neureberg Ashton, 1846 Centro West, asked for a discrepancy on the assessor's map regarding property lines to be addressed. Planning Director Anderson said the conditions of approval developed by Staff would include confirmation of property lines. Mike Egan, 1866 Centro West, less than one year in th(~ neighborhood, said that the construction of the homes would negatively impact his privacy and view. Hearing returned to Council. [Verbatim transcript attached as Exhibit A.] In response to Mayor Thompson's question to the Williams whether they would agree to this meeting as a preliminary review, Mr. Williams replied that they would stick to the Agreement and prepare a written response to the questions regarding design details posed by Council. Town Attorney Sharp said the assent of the applicant was not needed in order for Council to pursue its review but suggested that Council place it on their next meeting agenda. TOWN COUNCu.. MINUTES #1065 October 4, 1995 5 ~ r J..- ~ Diane Williams asked for a list of the details required by Council. Planning Director Anderson said the trouble was not with the new drawings but in comparing them with the June, 1990 plans which had very few details. H. PUBLIC HEARING 11. Leaf Blower Ordinance. Planning Director Anderson presented the revised ordinance to Council for second reading. The ordinance would restrict the use of gas-powered leaf blowers in residential areas to Monday through Friday, 8:00 a.m. to 4:00 p.m. Mayor Thompson opened the public hearing. Martha Murray, 102 Lyford Drive, said it was not fair to compare leaf blowers with construction noise, and said how disruptive they were to her and her family when used by their neighbors. Joe Murray, 102 Lyford Drive, said he was more sensitive to noise now that he works at home, and felt that leaf blowers were for the benefit of a few and a disturbance to many. Hearing returned to Council. MOTION: Moved: Vote: To read the Revised Leaf Blower Ordinance title only Thayer, Seconded by Nygren AYES: Unanimous Mayor Thompson read, "An Ordinance of the Town of Tiburon Adding a New Chapter 30 to the Tiburon Municipal Code Restricting the Use of Gas-Powered Leaf Blowers" MOTION: Moved: Vote: To Pass Second Reading of Aforementioned Ordinance Thayer, Seconded by Nygren AYES: Nygren, Thayer, Thompson NOES: Ginalski, Wolf I. UNFINISHED BUSINESS 12. Fraige Precise Plan Amendment. Planning Director Anderson said the Planning Commission had voted 3-0 to adopt the guest parking alternative proposed by the applicant and Town staff Councilmember Nygren asked whether the Resolution contained the revised Condition NO.5 recommended by the Planning Commission. Planning Director Anderson affirmed this. Mayor Thompson opened the public hearing. Jim McCarton, 205 Roundhill Road, said that applicant had requested numerous changes to the TOWN COUNCIL MINUTES #1065 October 4, 1995 6 ~ r ~ l original precise plan and questioned the need for the current change before Council. Tom Monahan, Applicant, said he was embarrassed but hopeful that this was the end to the adjustments. He said the topography made it impossiblt:: for four parking spaces to be contained in the building envelope, and that the road and hammerhead had been rotated in the plan. Hearing returned to Council. Councilmember Ginalski said he was not in favor of changing the Precise Plan. Councilmember Thayer said he did not like the piecem~u approach but felt the larger hammerhead was the best solution and would go with the Planning Commission's recommendation. Councilmember Wolf said the process left a lot to be desired but that many changes had been required by circumstances beyond Monahan's control. Councilmember Nygren saw no compelling reason for the continued changes. MOTION: Moved: Vote: To Adopt the Draft Resolution including Revised Condition No.5 Wolf, Seconded by Thayer AYES: Thayer, Thompson, Wolf NOES: Girudski,Nygren J. COMMUNICATIONS 13. Appointment of Councilmember to Peninsula Disaster Council. Councilmember Thayer volunteered and was approved by Council. K. STAFF & TOWN MANAGER REPORTS None. 7. Sales Tax Redistribution Increase to Cities. Councilmember Wolf said the League of California Cities had subsequently disapproved the Resolution. Councilmember Thayer said it was still important to send a message. Councilmember Ginalski and Mayor Thompson concurred. MOTION: Moved: Vote: To Adopt Resolution Increasing Sales Tax Redistribution to Cities Thompson, Seconded by Thayer AYES: Ginalski, Nygren, Thayer, Thompson NOES: Wolf L. ADJOURNMENT TOWN COUNCIL MINUTES #1065 October 4, 1995 7 :a F- l h l There being no further business before the Town Council of the Town ofTiburon, Mayor Thompson adjourned the meeting at 11 :47 p.m., sine die. ~~ ATTEST: ~ DIANE L. CRANE, TOWN CLERK TOWN COUNCIL MINUTES #1065 October 4, 1995 8 ~