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HomeMy WebLinkAboutTC Minutes 2017-05-03 TOWN COUNCIL SPECIAL AND REGULAR MEETING MINUTES SPECIAL MEETING —7:00 P.M. On May 3, 2017, the Council held a special meeting as follows: CALL TO ORDER AND ROLL CALL Councilmember Doyle, Councilmember Fredericks, Councilmember Tollini, Vice Mayor O'Donnell, Mayor Fraser CLOSED SESSION 1) Conference with Legal Counsel —Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (Two potential cases) ADJOURNMENT—to re-ular meeting REGULAR MEETING—7:30 P.M. CALL TO ORDER Mayor Fraser called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, May 3, 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, Town Clerk Stefani ORAL COMMUNICATIONS Mike Ban,Marin Municipal Water District, spoke about upcoming rate increases and said that these increases will allow MMWD to invest in their infrastructure, much of which is very old. INTRODUCTION OF NEW TOWN EMPLOYEE Chief of Police Cronin introduced Angela Delnevo,Police Services Aide. He said she was a Marin Town Council Minutes#09-2017 May 3, 2017 Page 1 County native,and had previously worked as a police dispatcher in San Rafael.Ms.Delnevo said she was looking forward to working for the Police Department. CONSENT CALENDAR CC-1. Town Council Minutes—Adopt minutes of April 19,2017 special and regular meetings (Town Clerk Stefam) Motion: To adopt Consent Calendar Item 1, as written. Moved: O'Donnell, seconded by Fredericks Vote: AYES: Unanimous ACTION ITEMS AI-1. Consideration of a Resolution of the Town Declaring its Intention of Take Proceedings to Underground all Existing Overhead Utility Facilities Within the Boundaries of the Proposed District (Virginia Drive) Town Manager Chanis presented a schematic of the proposed boundary map of the proposed assessment district on Virginia Drive. I-Ie said the process to form a utility undergrounding district is outlined by state law and Town policy, and the residents of the district have submitted an adequate number of petitions to satisfy the requirements. Chanis said the Council should consider adopting a resolution of intent to declare its intent to take the proceedings to underground overhead utility facilities within the district and to appoint bond counsel. He said these actions are paid for by subscription deposits, which have been raised by the proponents of this proposed district. He said the proposed district engineer's estimate was $1.4 million, but added that there would be other fiscal questions to consider in the fixture. He reviewed a tentative timeline of the entire project. Mayor Fraser opened the floor for public comment. Audrey Fancy, Virginia Drive, voiced her support for the project. She said there had been a safety incident on the street which spurred action by the neighbors to pursue utility undergrounding and to raise the funds for subscription deposits. Councilmember Tollini said the Council is in support of undergrounding, and given the straightforwardness of the project, she recommended adoption of the resolution of intent. MOTION: Adopt resolution,approving preliminary boundary map,designating Harris&Associates as Assessment Engineer, directing preparation of the Engineer's report and appointing the firm of Stradling Yocca Carlson & Rauth and Meyers Nave as Bond Counsel. Moved: Tollini, seconded by Fredericks Town Council Minutes#09-2017 May 3, 2017 Page 2 VOTE: AYES: Unanimous PUBLIC HEARINGS Mayor Fraser said he would like to rearrange the public hearing items,to put the appeal at 8 Rolling IIills Road (PH-1) to go last. PH-2. Zoning Text Amendments—Consider making various zoning text amendments relating to regulation of marijuana, including marijuana-related commercial activity and marijuana cultivation and delivery;Title IV,Chapter 16 of the Tiburon Municipal Code— Introduction and first reading of ordinance [taken out of order] Director of Community Development Anderson said the Council had given preliminary direction to Staff to draft an ordinance making zoning amendments relating to the regulation of now-legalized marijuana use in January, following the passage of Proposition 64 in 2016. He said staff had prepared such an ordinance,based on Council's direction and discussion on new regulations,and the ordinance had been reviewed by the Planning Commission. He said the proposed ordinance attempts to strike a balance in the community and continue to recognize the benefits of medical marijuana for Tiburon residents. Director Anderson commented that outdoor cultivation of marijuana plants is prohibited under this ordinance, and the Planning Commission recommended that interior cultivation should not be detectable by sight or smell. Councilmember Fredericks inquired if an accessory structure used for interior cultivation would be easily identifiable. Director Anderson did not believe it would be. Vice Mayor O'Donnell asked about the Town's enforcement mechanism for the regulations imposed by the ordinance. Director Anderson said any violation would be an enforceable violation of the ordinance, and Town Attorney Stock added that all remedies available to the Town can be used to gain compliance. Councilmember Tollini asked if the ordinance was drafted allowing for only what the new state law explicitly allows. Director Anderson agreed, but added that the Town could issue permits outlining reasonable standards for internal cultivation of marijuana plants. He said a permit regime might be difficult to enforce. Mayor Fraser opened the floor for public comment. Lynn Fox, Tiburon resident, said the Council should not adopt new regulations without reviewing this issue in greater depth. She offered several statistics about adult and youth marijuana usage, and cautioned the Council against moving too quickly. Andrea S., a student at Redwood High School, did not believe Proposition 64 should have been passed. She said it is very rare to see the negative effects of marijuana on social media, and it is Town Council Minutes #09-2017 Ma})3, 2017 Page 3 crucial to educate people about the damaging effects of marijuana on the brain. Laurel Botsford was concerned that with the passage of Proposition 64, sex trafficking incidences would also increase. She thought the allowable interior growth of six marijuana plants sends a negative message to children, and argued that marijuana is a "gateway drug". William Kumber, Venado Drive, said he has found marijuana to be useful in treating arthritis. He urged the Council to be cautious in their approach to regulations. Andrea Lynn,Tiburon resident,said she credited her cancer recovery to medical marijuana use. She argued that marijuana should not be criminalized, and urged the Council to have an open mind. Erica Metzger asked that the Council reconsider the proposed ban on marijuana delivery. Mayor Fraser closed the floor. Councilmember Fredericks clarified that this ordinance does not prohibit medical marijuana delivery; only recreational and commercial delivery of marijuana in Town. She further added that following the passage of Proposition 64,the use of both medical and recreational marijuana is now legal in California,and the Town cannot prohibit the allowable interior cultivation of six plants. She voiced her support for the proposed ordinance. Vice Mayor O'Donnell agreed, and said this ordinance was meant to craft additional local regulations in response to the new state laws legalizing marijuana use state-wide, such as local commercialism or delivery. He said he was in support of the ordinance. Councilmember Doyle and Mayor Fraser agreed. Fraser added that the ordinance ensures medical marijuana is available to those who need it, but also appropriately regulates as necessary. MOTION: To introduce the ordinance and read by title only, waiving further reading, schedule for adoption at the next regular meeting and motion to hold a roll call vote on the introduction of the ordinance, as written. Moved: Tollini, Fredericks Vote: AYES: Unanimous Mayor Fraser read "An Ordinance of the Town Council of the Town of Tiburon Amending Municipal Code Title IV, Chapter 16 (Zoning) by Making Various Text Amendments Related to Marijuana Facilities, Cultivation and Deliveries". ROLL CALL VOTE: AYES:Doyle, Fraser, Fredericks, O'Donnell, Tollini PH-3. Zoning Text Amendments — Consider various amendments relating to smoking and tobacco regulation; Title VI, Chapter 28 of the Tiburon Municipal Code—Introduction and first reading of ordinance Town Council Minutes #09-2017 May 3, 2017 Page 4 Director Anderson said the Town periodically updates smoking and tobacco sale regulations based on recommended improvements and evolving information, and in this case,new marijuana laws.In addition to amendments relating to the regulation of marijuana, proposed amendments to the ordinance include new regulations on tobacco retailers and tobacco signage, vending of tobacco products and augmentation of smoking prohibitions. Councilmember Fredericks asked if existing retailers in Town have voluntarily agreed to not sell tobacco products in Tiburon. Director Anderson confirmed. Fredericks also asked if the proposed ordinance included a prohibition on using an extraction of the active ingredients of marijuana, in addition to the marijuana plant itself. Town Attorney Stock said he would have to review the ordinance. Mayor Fraser opened the floor for public comment. There was none. MOTION: To introduce the ordinance and read by title only, waiving further reading, schedule for adoption at the next regular meeting and motion to hold a roll call vote on the introduction of the ordinance, as written. Moved: Fredericks, Tollini VOTE: AYES: Unanimous Mayor Fraser read "An Ordinance of the Town Council of the Town of Tiburon Amending Provisions of Title VI, Chapter 28 of the Tiburon Municipal Code (Smoking and Tobacco Regulations)". ROLL CALL VOTE: AYES: Doyle, Fraser, Fredericks, O'Donnell, Tollini PH-4. Zoning Text Amendments — Consider various amendments to regulations regarding view and sunlight obstruction from trees; Title IV, Chapter 15 of the Tiburon Municipal Code—Introduction and first reading of ordinance Director of Community Development Anderson gave a brief history of the View Ordinance.He said no amendments to the ordinance have been made since adoption, but in response to recent citizen inquires,the Council directed staff to make slight modifications to the current ordinance,narrowly focused on removing the requirement for binding arbitration. Anderson said the included modifications will reduce the possibility for unnecessarily prolonged tree disputes. Vice Mayor O'Donnell asked how mediation and arbitration differ. Town Attorney Stock said a mediator will encourage two parties to settle their dispute, but does not have a binding authority, whereas an arbitrator does. Mayor Fraser opened the floor for public comment. George Landau, Sugarloaf Drive,suggested that the definition of"primary living area"be broadened, Town Council Minutes 909-2017 May 3, 2017 Page 5 and believed that the Town should not be exempt from the ordinance.He spoke to the importance of views when people purchase homes here, and said some neighbors are not cooperative. Lee Darby,Comstock Drive,applauded the efforts to streamline tree disputes,and suggested Acacia trees be added to the list of undesirable tees, citing invasiveness, rapid growth, and it being a common source of allergies. She also believed that costs of removing the view-invading trees should be borne by the owner of the tree,not the neighbors. She said this system works in her neighborhood. A Southridge West citizen said her neighborhood shares tree-trimming expenses. She thanked the Council for streamlining the process and making it more understandable. David Mittelman,Rowley Circle,voiced his support for making improvements to the ordinance,but urged caution about the efforts to eliminate arbitration. He argued that arbitration is a good alternative to litigation, and also offers privacy to the parties involved. Mayor Fraser closed the floor. Councilmember Fredericks believed the narrow change to the existing ordinance will still leave arbitration as an option if both parties are agreeable to it. Vice Mayor O'Donnell agreed, and said he would be willing to further amend the ordinance to include Acacia as an undesirable tree. He added that he believed there was benefit to a system in which the party whose view is blocked pays for the trimming or removal of the tree. Councilmember Tollini wondered why Acacia was not already on the list of undesirable trees. Director Anderson said there are many different types of Acacia trees: some are fast-growing and tall, but others are not. The Council agreed that many Acacia tees would likely still be captured by the language in the ordinance, as long as they still meet the definition of an undesirable tree. Mayor Fraser agreed with the Council. He added that in his neighborhood,the costs of tree-trimming are usually shared amongst the neighbors. MOTION: To introduce the ordinance and read by title only, waiving further reading, schedule for adoption at the next regular meeting and motion to hold a roll call vote on the introduction of the ordinance, as written. Moved: Fredericks, Doyle VOTE: AYES: Unanimous Mayor Fraser read "An Ordinance of the Town Council of the Town of Tiburon Amending Provisions of Title IV, Chapter 15 of the Tiburon Municipal Code (View and Sunlight Obstruction from Trees". ROLL CALL VOTE: AYES: Doyle, Fraser, Fredericks, O'Donnell, Tollini Town Council Minutes 409-2017 May 3, 2017 Page 6 PH-1. 8 Rolling Hills Road—Consider appeal of Planning Commission approval of a request for Amending Parcel Map to remove certain development limitations from a vacant lot (Continued front March 15, 2017) [taken out of order] Owners/Applicant: Michelle Hughes Appellant(s): Rita Burgess, David Readerman, et.al. Address: 8 Rolling Hills Road Assessor Parcel No. 058-111-24 Staff Report Director of Community Development Anderson said the proposed residence would step down the hill on the property and extend beyond the building envelope. Ile said a front setback Variance would be required for the garage as a result of the steep slope of the lot. Director Anderson said the existing story poles represent a"worst-case scenario",and might suggest view blockage from at least one home in the neighborhood.He said a comparably-sized home within the existing building envelope would be"blocky" in appearance, and would probably be unable to comply with the Hillside Design Guidelines. Councilmember Tollini asked how the previous agreement that imposed the building envelope and height restriction affects the Town. Town Attorney Stock said the agreement was between private property owners, and the Town did not sign it. Applicant Presentation Joseph Lepera said he was returning to the Council with a design for his proposed home that he was prepared to commit to,and added that story poles had been put in place. He said the story poles were certified that the home would be below the 10 foot height restriction imposed on the property from the agreement. His presentation included a 3D rendering of the proposed design, as well as schematics of the proposed home, the location of the building envelope, views from the street and from each neighbor's viewpoint.He said this home is slightly larger than others on the street,but it has a lower Floor Area Ratio. He said this proposal is in compliance with the Municipal Code, the Hillside Design Guidelines, and the existing height restriction. He said he was asking for a neighborhood compromise: to keep and abide by the height restriction in place, but to remove the building envelope, which would allow him to build down the hill, and further protect his neighbors' views. Councilmember Fredericks asked to review the drawing that showed the proposed home in relation to the existing building envelope.Mr. Lepera said this home would be less impactful on views than a home that would be built within the envelope. Fredericks also asked how much of the steep lot was actually buildable. Mr. Lepera replied that the steep slope does not prevent the lot from being buildable, but he would need to comply with the open space easement and setback requirements. Vice Mayor O'Donnell asked about the top level of the home, closest to the street. Mr. Lepera identified the top level as the entryway into the home, and further confirmed that the primary living Town Council Minutes #09-2017 May 3, 2017 Page 7 areas would be below this level. O'Donnell asked if there would be a deck on the top level — Mr. Lepera confirmed there would not, and added that if he were to be permitted to build down the hill, perhaps the top level could be eliminated entirely. Councilmember Doyle wondered why the story poles were higher than the height restriction. Mr. Lepera said the design is not final yet. Doyle expressed concern about the angle of the home, and said the Lee property would likely experience light pollution. He believed the home could be cut further into the hillside, but added that building downhill would allow him to minimize impacts. Appellant Presentation Elizabeth Brekhus said there were three reasons for the Council to grant this appeal: legal (a contractual agreement), for the sake of fairness (as the neighbors relied on the Town to uphold the restrictions) and aesthetics for the neighbors, and eliminating the view of the open space from the street. She said the previous agreement was fair and should be enforced by the Town. James To highlighted the troublesome aspects of the proposed home.He said it does not comply with setbacks,the height restriction, or the building envelope. He believed the proposal does not attempt to cut the home into the hillside.He said the neighbors were concerned about the height of the home. Mr. To also questioned the large scale of the home. He said it was massive, and did not feel that the home was incompliance with Hillside Design Guidelines or the height restriction. George Lee said the story poles present a bulkier and more intrusive design than was expected, and said he anticipates view blockage from his home. Matt Chatham, 75 Rolling Hills Road, believed that the agreement was put in place to preserve the look and feel of the neighborhood. He asked why the applicant had not considered or presented a home that would comply with the building envelope, as an architect said it was possible and an explanation that it cannot be has not been provided. Public Comment There was none. Applicant Rebuttal Mr.Lepera said he was committed to working with the neighbors to ensure the size of the home will be minimally impactful during the Design Review process.He believed that only one home would be truly impacted, based on the view line photos he presented. He said if he were permitted to build down the hill,he could be more creative in the design so as to not impact the neighbors. He said he was willing to compromise: remove the building envelope, but adhere to the height restriction. Appellant Rebuttal Mr. To said building down the hill will still affect his home, and questioned the buildability of the steep lot based on factors other than conceptual planning drawings. Mr. To argued that the argument for removing the envelope has evolved from it being a zoning anomaly to the request to build a Town Council Minutes#09-2017 May 3, 2017 Page 8 larger home down the hill. He said scale and size of a potential home is just as important to a neighborhood as view impacts. Elizabeth Brekhus asked that if the Council does deny the appeal,the Town should require that the applicant indemnify the Town for any legal fees incurred as a result of the decision. She also proposed continuing the item so the point of what type of home could realistically be built within the envelope could be further explored. She also asked for a continuance so there could be further discussion between the applicant and the holder of the agreement. Council Discussion Vice Mayor O'Donnell believed a compromise could be met that would lessen view impacts,while allowing the property to be developed responsibly. He said the building envelope is outdated, and does not reflect the current Hillside Design Guidelines. He thought this proposal complied with the guidelines,but added that there are still troubling factors, most of which being view blockage from the Lee's property and from the street. He suggested removing the top floor to further improve neighboring views, and said allowing the house to come down the hillside will not negatively affect the neighbors. He agreed that the height limit should be maintained. Councilmember Doyle agreed with O'Donnell's suggestions.He said the applicant should be able to build on the lot, and allowing him to build further down the hill will result in a home with minimal impacts on the neighbors. He did not believe building a home within the existing envelope would result in a home either party would be satisfied with.He believed that a compromise to maintain the height restriction would allow the applicant to work with the neighbors during the Design Review process, and will end up with a nice home that fits in the neighborhood. Councilmember Fredericks said there were several different factors to balance,like the expectation that a view over an undeveloped lot may change and that the last house on the block should be developed by minimizing impacts on surrounding neighbors. She said the neighbor's assessment of impacts may be different than what is covered in the Hillside Design Guidelines, but these impacts are protected by the building envelope agreement. She agreed with the suggestions made by the Council, and added that if the Council does deny the appeal, the Council should direct the Design Review Board to consider both the Hillside Design Guidelines and the building envelope to determine the relative impacts on the surrounding neighbors. Councilmember Tollini did not believe the Council should act as the Design Review Board; she believed it was their job to decide if the existing building envelope would best serve the neighborhood. She also believed the building envelope is outdated, and building a home within would not result in a home that would comply with the Hillside Design Guidelines. She agreed that Council should provide direction to the DRB to consider the fact that the building envelope agreement was in place, and the protections it provided the rest of the neighborhood, in their deliberations. She thought a residence could be thoughtfully designed outside the envelope. Mayor Fraser agreed with the Council that clear direction to the Design Review Board is essential. He also agreed that the building envelope is outdated,and believed a home could be built on this lot. Tolvn Council Minutes #09-2017 May 3, 2017 Page 9 Fraser added that he thinks the home could be built into the hillside more than it is now to minimize bulk and mass. He liked the idea of the compromise: removing the envelope, but maintaining the height limit. MOTION: To continue the item to a future meeting to adopt findings consistent with the statements made by the Council tonight. Moved: Fraser, O'Donnell VOTE: AYES: Unanimous TOWN COUNCIL REPORTS There were none. TOWN MANAGER REPORT Town Manager Chanis reminded the Council and the crowd that the first Tiburon Farmers Market of the season would be the following day, Thursday, May 4. WEEKLY DIGESTS Received. ADJOURNMENT There being no further business before the Town Counco the Town of Tiburon, Mayor Fraser adjourned the meeting at 10:07 p.m. , l JIM F S R ATTEST: A LEA STE ANI, TOWN CLERK B Town Council Minutes #09-2017 May 3, 2017 Page 10