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HomeMy WebLinkAboutTC Min 1995-06-07 r TOWN COUNCIL MINUTES CALL TO ORDER Mayor Thompson called the adjourned meeting of the Town Council of the Town of Tiburon to order at 7:34 p.m., Wednesday, June 7, 1995 in Council Chambers, 1101 Tiburon Blvd., Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Nygren, Ginalski, Thayer, Thompson, Wolf ABSENT: COUNCILMEMBERS: None EX OFFICIO: Town Manager Kleinert, Town Attorney Ewing, Finance Director Stranzl, Planning Director Anderson, Associate Planner Catron, Contract Planner Allsep, Town Engineer Mohammadi, Town Clerk Crane ~ \. B. PUBLIC OUESTIONS AND COMMENTS Councilmember Thayer addressed the Council and public regarding the June 6 election. He said that it had been a long, vigorous campaign and that the voters had indicated a new top priority, that is, building a Town Hall Downtown with a method of financing that would not be a direct cost to the taxpayers. He stated that this new priority replaced what he always felt the voters held to be a top priority of low density and low impact in Downtown. Nevertheless, he said it was time to join together to work for the common goal and suggested agendizing for a future meeting a discussion of the organization and formation of subcommittees for the project, and to try and salvage prior work that had been done. Thayer said there would need to be a budget for the project, cost estimates and the need to investigate and analyze possible loans; that parking for the New Library and Town Hall should be analyzed and coordinated; that the changes to the intersection at Ned's Way during construction should be looked at, and that these items should be discussed and a plan developed at the next Council meeting. l-.- Councilmember Nygren agreed with Thayer and said it was the right decision to ask the voters where to build the new Town Hall. She said she would stand by her previous promise to work diligently to build the new Town Hall in the location decided by the majority of voters. TOWN COUNCIL MINUTES #1055 6/7/95 1 r Councilmember Ginalski concurred with Thayer and Nygren and said we should move forward together to realize these goals. ' . Councilmember Wolf thanked her fellow Councilmembers for their remarks, but stated that nothing in Measures J or K was inconsistent with the Town's low growth, General Plan. She said the issues of traffic and parking were overstated, and reiterated that the Town will continue to preserve as much Open Space as possible and evaluate future development to ensure that there are no negative impacts. Wolf said she thought the outcome was a "win-win" situation for the community and the taxpayers, and that there need not be any negative impacts. ' Mayor Thompson concurred and thanked his fellow councilmembers for their support and willingness to go forward. He said that the voters' mandate would save money for the Town for other items such as the Harroman purchase and the schools. He stated that he looked forward to working with the Council during the rest of 1995 and achieving the goals discussed in the Town Council/Town Staff workshop. Mayor Thompson opened the public hearing for questions and comments. Carolyn Freedman, 108 Lyford Drive, asked the Council to do something to help the Marinero Homeowners' Association resolve a lighting issue that an absentee property owner had refused to address for two years. f- C. COUNCIL. ,COMMISSION OR COMMITTEE REPORTS 1. Marin County Hazardous & Solid Waste JPA Meeting. Councilmember Nygren gave a brief report on the 1994 diversion rates for Tiburon and other Marin communities, and noted that Tiburon had reached its 1995 requirement, but must achieve a 50% rate by the year 2000. She also noted that Redwood Land Fill had informed the JP A that they would be raising their rates, to be reviewed at the next meeting of the JP A. 2. LAFCO Hearing - Old Landing Road Reorganization. Councilmember Thayer stated that Town Manager Kleinert and Planning Director Anderson made an exceelent presentation at the June 1 meeting. He expressed concern that the Local Agency Formation Commission was considering changing the dual annexation policy and asked Town Manager Kleinert to set up a workshop to discuss the issue with Supervisor Rose, LAFCO Director Mittleman, and Commissioner Richardson. Old Landing Road has been authorized to be connected to the sewer district but not to the contiguous community for municipal services. D. CONSENT CALENDAR I~ TOWN COUNCIL MINUTES #1055 6/7/95 2 r Item 3. Councilmember Nygren asked for changes to be made to the May 17 and May 23 Minutes. . Council member Thayer moved to approve Items 4 through 7, seconded by Councilmember Nygren. All ayes were recorded. E. PUBLIC HEARING 8. Appeal of Design Review Board Decision Re: . 690 Hilary Drive proposed Addition. Contract Planner Allsep gave the staff report: and recommendation to uphold the Design Review Board Decision which represented a change in the height of the proposed addition from 12 ft. to 11.6 ft. Appellant Jocelyn McDonnell made her presentation asking for reconsideration of the decision, and asked that the height be lowered to 11 ft. in keeping with the ridge line and to protect her view of the water. "-' l Applicant Jon Krabbenschmidt made his presentation and said that he had compromised from his original plans of 14 ft. to 12 ft. after consultations with his neighbors, and subsequently to 11.6 ft. at the request of the Design Review Board. He thought the addition would "frame" and not block Ms. McDonnell's view. He also offered to split the cost of trimming trees for his uphill neighbors to improve the view, and offered to work with Ms. McDonnell in the same way. His architect, Tom Kwan, asked the Council to consider whether 6 inches would make a difference in a view from that distance. Mayor Thompson opened the public hearing. Pat Drogan, 683 Hilary Drive, spoke in favor of McDonnell. Vicki Winblad, neighbor across from Krabbenschmidts, spoke in their favor. Mayor Thompson closed the public hearing. McDonnell and Krabbenschmidt made their rebuttals. Hearing returned to Council. Mayor Thompson asked Staff to clarify that there was no difference in Town policy between an owner-occupied residence or non-owner occupied residence. Councilmembers Thayer, Nygren and Thompson had visited the site and did not think that lowering the height from 11.6 to 11 feet would make a significant difference. I~ Councilmember Nygren moved to Uphold the Decision of the Design Review TOWN COUNCIL MINUTES #1055 6/7/95 3 .,-.... Board and to Deny the Appeal, seconded by Council member , Thayer. All ayes were recorded. Staff to prepare resolution. ' I . 9. Appeal of Planning Commission Decision Re: Ham Radio Antennae at 112 Diviso Street. Associate Planner Catron gave the staff report outlining the history of the application for a use permit and subsequent appeal. Planning Commission denied the use permit at their third meeting (4/26) without prejudice and waiving all fees, and asked applicant to reapply. Commission cited reasons for the denial that the applicant's changes were too great and the tolling of the permit d~adline. i Applicant and subsequent Appellant Misuraca discussed the different types of antennae he wanted to use or had presented to the Planning Commission, and cited bad weather as a major delaying factor in resolving the issues. Misuraca told Council that it was illegal to keep a federally licensed Ham operator in abeyance. Mayor Thompson opened the Public Hearing. Lucien Sanchez, 239 Diviso Street, said that Mr. Misuraca's ham radios interfered with electrical equipment in her home and had forced she and her family to move out. She asked if Mr. Misuraca could move the towers to the other side of his property so that they would not block her views and lower her property value. h Paul Schrier, Planning Commissioner, 25 Apollo Road, gave his comments on the actions taken by the Commission and why they had been taken. He told Council that the Commission. had acted in good faith and asked that a temporary use permit be granted to Mr. Misuraca and that the item be remanded to the Commission for further hearing. Councilmember Wolf moved to extend the conditional use permit to Mr. Misuraca for 120 days (from April 26 expiration date), and remand to Planning Commission for further hearing and resolution of size of antennae and view issues. Town Attorney Ewing said the Town was preempted by the FCC on the interference issue. Motion was seconded by Councilmember Nygren, all ayes recorded. F. UNFINISHED BUSINESS 12. . Downtown Ferry Dock Realignment. Town Attorney Ewing reported that the proposed new dock would meet ADA requirements at all times, and that, in his opinion, the Point Tiburon Agreement did not preclude building a new dock at the proposed location. Ewing recommended moving forward with the project but also taking bids on smaller floats. He informed Council that the Town would be reimbursed for the approximately $18,000 of engineering fees to date (by CAL TRANS) if the project went forward, but that the Town would recoup nothing if the project was abandoned. Ir- TOWN COUNCIL MINUTES #1055 6/7/95 4 ~ Council reviewed the two revised proposals ("A" and "BlI) presented by Roger Eldridge of Clausen Engineering which were drawn up after the last meeting. Mr. Eldridge said that the new dock would be the same height as McDonogh's, would be in line with McDonogh Dock and Corinthian Harbor, and would not impact the view of the Golden Gate Bridge. It would consist of 29 inches of freeboard and a ramp superstructure, and it would allow docking on both sides. ~ Councilmember Ginalski asked whether the existing dock could be made accessible, and whether some sort of certificate could be issued to a private property owner showing compliance with ADA regulations. Mr. Eldridge stated pis opinion that if the public was being served, regardless of whether the dock was priVately or publicly held, that the ADA requirement should be met, and that the new dock would be an asset to the community. Mayor Thompson opened the public hearing. C.J. Key, 108 Paradise Drive, took exception to the Town Attorney's opinion that the dock could be built in the proposed location and said that it would violate the intent of the agreement to keep the views from Pt. Tiburon unobstructed. h John Yoeman, 107 Paradise Drive, said that Marine Transport companies do not have to comply with ADA requirements, that the unobstructed view is what determines the property value at Point Tiburon, and that an availability of money, not need, had created the project. He said that the commuter trade had fallen, and claimed that Red & White wanted.a larger dock in order to further develop their tourist business, and to use Tiburon as a transfer point for other tours. David Irmer, 209 Paradise Drive, President of Innisfree Company, said the original intent with regard to the property deeded to Tiburon (Shoreline Park and the other lots) was to be used as Open Space and for the public use in perpetuity. He said that no one had contacted him about the new dock and he disagreed with the Town Attorney's opinion as to the use of the deeded land. Hearing returned to Council. Councilmember Thayer asked for clarification of ADA requirements vis a vis marine facilities. Carolyn Horgan, Red & White Fleet Director of Operations, said that existing facilities are "grandfathered" but new ones must comply. She said that legislation is still being drafted for vessels, and wondered whether the regulations would be rewritten for facilities. l Councilmember Nygren asked whether the Town should proceed to expend more funds in the face of differing opinions on the legality of building the dock, the issue and size, location and views. She said the proposed dock did not reflect Tiburon's small TOWN COUNCIL MINUTES #1055 6/7/95 5 r character. Council member Thayer said it would be useful if Red & White could confirm the use statistics stated by Mr. Y oeman. Carolyn Horgan said she did not have them with her but thought that commuter traffic was up about 10% over last year. Thayer said he thought the new dock would help the downtown businesses. He said it was important to encourage waterborne traffic, but felt it was important to ensure that resident-serving uses were promoted and not to encourage growth just for tourist use. Councilmember Thayer suggested that the Town pursue Alternative Dock "A" and talk with Irmer and the Homeowners in order to reach some sort of resolution. Councilmember Wolf thought every effort should be made to find a smaller barge. Councilmember Ginalski asked why the Council was discussing the issue in the first place if the current dock was not in violation of ADA, and questioned whether building a dock in that lot was consistent with the deed to keep it as Open Space and public use. He warned that 17 acres of tideland and shore could revert back to the grantee if the terms of the agreement were violated. r Mayor Thompson said that even though the current dock was not forced to comply with ADA, the Town should not stick its head in the sand by not dealing with the issue at the current time. He stated that the tourist trade was important but should be balanced with the needs of residents, and that the General Plan encouraged residential uses downtown. He asked Town Attorney Ewing to set up a meeting with Irmer, Point Tiburon, and Red & White and to bring the item back to Council as soon as possible. G. NEW BUSINESS 13. Tree Ordinance (Review and Discussion). Councilmember Thayer said he had asked for the item to be agendized because of concerns that had been expressed~ to him about the trees removed at Del Mar School, by Pine Terrace, and in a recent letter regarding the cutting of the eucalyptus trees on the knoll. He said he was pleased with the ordinance and that the Town had come a long way in refining it. Councilmember Nygren felt that something was still missing in the application of the ordinance in specific instances and wanted more safeguards built in before permits were granted by staff to cut groups of trees. Town Manager Kleinert concurred that there were weaknesses in the current system, and that even though neighbors within 300 feet were to be notified of cutting, others would know nothing about it. lr Mayor Thompson opened the public hearing. TOWN COUNCIL MINUTES #1055 6/7/95 6 r Howard Robin, 15 Cecilia Court, President of Tiburon Highlands Homeowners Association, said that they had voted unanimously to remove the eucalyptus trees within at their expense, had engaged a tree service and had started work when the Town stopped the work and said they needed a permit. Further action would depend on what happened at the meeting, but he warned that the Town would be liable if the it prevented the cutting and there was a fire. Peter Brooks, 54 Clair, asked whether an arborist had been asked to make a report and said that calling eucalyptus a dangerous tree was too broad a statement. He also stated that other Marin cities (Corte Madera, Sausal~to, Fairfax, Larkspur and San Rafael) all required a certified arborist's report as pah of their tree program. Mr. Brooks said that Tiburon's policies protected views over- trees. Hank Alexander, 16 Cecilia Court, said that TreeMasters did give an arborist's report for their project. George Landau, 82 Sugarloaf Drive, suggested that the rules that apply to citizens (regarding cutting or removal of trees) should also apply to the Town, but he felt that views were of primary importance to the people living here. [r Jim Doyle, 115 Avenida Miraflores, said that trees were felled, trimmed, topped without public notice and comment and felt that there was lackadaisical enforcement of the ordinance by the Planning Department. He thought the Town's ordinance should be conformed to State law which requires city and county governments to prohibit the unnecessary topping of trees. He further proposed that local school and utility districts should be subject to the same local planning and zoning ordinances. Frank Shaw, 570 Virginia Drive, and Joe Keller, also made comments. Hearing returned to Council. Council directed Staff to involve Planning Commission in reviewing concerns expressed and consider suggestions made to improve Town policies and procedures. Council authorized the Highlands Homeowners Association to proceed with their tree removal. F. UNFINISHED BUSINESS 11. Green Can Program. Council waived staff report and directed Mill Valley Refuse service to proceed with pilot program. Rick Powell, MVRS General Manager, said a letter would go out to Homeowners next week, delivery of Green Cans would take place on July 15, and the first collection would take place the week of July 24. G. NEW BUSINESS 14. Downtown Main Street ADA Requirements. Town Manager suggested that I' Lr- TOWN COUNCIL MINUTES #1055 6/7/95 7 r the Main Street property owners might were considering installing ramps and rails, changing the sidewalks, raising the street or closing it to traffic in order to comply with ADA requirements. During public hearing, Carolyn Garrity, 283 Karen Way, suggested other solutions, such as access through back doors, and cited her experience working on 201 California Street in San Francisco. Thomas Frankovich, attorney for Partick Conley and Don Sticle, two of the plaintiffs suing the Main Street property owners, said that the litigation arose out of people coming into Tiburon on the ferry and finding 50% of the businesses on Main Street inaccessible. He said they would work with the businesses to make them accessible, and proposed raising the sidewalk on the West side of Main Street next to Westerly Teas and stepping it down gradually two inches; raising the sidewalk on the East side of Main Street by six inches all from Thai Family Restaurant all the way to Tommy's. He said the code did not require hand rails but that it was not a bad idea to install one in front of Silk & Satin, and Thai Family. Mr. Frankovich said the City had a duty to comply with Title 2 to make reasonable accommodation as a public entity. r Hearing returned to Council. Mayor Thompson suggested creating a subcommittee to work with the merchants to resolve the issue. Councilmember Nygren said that Council should first deliberate about the options, and questioned whether it was a good idea to close Main Street. Mayor Thompson and Councilmember Thayer concurred about not closing the street. Town Manager Kleinert said he was encouraged by attorney Frankovich's remarks and would pass on the suggestions and ideas to the property owners through the Chamber of Commerce. Attorney Frankovich said the case would be heard in Federal Court and would probably go to trial in January (1996). F. PUBLIC HEARING 10. LEAF BLOWER ORDINANCE. Council member Thayer suggested amending the ordinance to allow the use of leaf blowers on Saturdays. Councilmember Nygren moved to read the Ordinance by Title Only, seconded by Thayer. All ayes were recorded. Mayor Thompson read, "An Ordinance of the Town of Tiburon Adding a New Chapter 30 to the Tiburon Municipal Code Relating to the Restricted Use of Gas- Powered Leaf Blowers," and to include the Saturday amendment. lr VOTE: AYES: Nygren, Ginalski, Wolf, Thayer, Thompson TOWN COUNCIL MINUTES #1055 6/7/95 8 r NOES: None H. COMMUNICATIONS 15. Application for Eighth Annual Chili Festival. Council directed Town Manager Kleinert to get more specific information on hours and location. 16. Letter to Town Council from IAFCO. Councilmember Thayer recommended setting up a workshop as soon as possible to discuss the Town's concerns about varying from (IAFCO's) dual annexation policy. He instructed Town Manager Kleinert to prepare a letter strongly expressing these concerns for ~he Mayor's signature. I. STAFF AND TOWN MANAGER REPORTS 17. Tiburon Sanitary District No.5 - Paradise Drive Sewer Improvement District. Town Manager Kleinert said he would send a letter to the District and Stuber-Stroeh asking that the Town be copied with all correspondence and meeting notices about the proposed improvements. D. CONSENT CALENDAR r 3. Approval of Minutes. Councilmember Nygren asked for changes to the May 17 and May 23 meeting minutes. A motion was made to adopt the minutes as amended, all ayes were recorded, with Councilmember Wolf abstaining from voting on the May 23 meeting. Council member Ginalski said he had received a letter from Mary Bowles, along with a proposal to take over the collection of the Town's business licenses for a percentage fee. Council asked the item to be placed on the next agenda. There being no further business before the Town Council, Mayor Thompson adjourned the meeting at 12:42 a.m., to June 12, 7:30 p.m. Budget Hearing. ~ !Jd: MAYOR ANDREW THOMPSO~ ~ ATTEST: DIANE L. CRANE, TOWN CLERK ~ TOWN COUNCIL MINUTES #1055 6/7/95 9