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HomeMy WebLinkAboutTC Min 1995-01-04 " ~ TOWN COUNCIL MINUTES . CALL TO ORDER Mayor Thompson called the regular meeting of the Town Council of the Town of Tiburon to order at 7:35 P.M., Wednesday, January 4, 1995 in Council Chambers, 1101 Tiburon Blvd., Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Ginalski, Thayer, Wolf, Nygren, Thompson ABSENT: COUNCILMEMBERS: None EX OFFICIO: . Town Manager Kleinert, Town Attorney Ewing, Town Engineer Mohammadi, Police Chief Herley, Planning Director Anderson, Finance Director Stranz!, Town Clerk Hennessy B. APPOINTMENTS TO COMMISSIONS BOARDS, COMMITIEES ~ Motion: To reappoint Priscilla Tripp and Jerry Riessen to the Joint Belvedere Tiburon Recreation Committee for four year terms. C. PUBLIC QUESTIONS AND COMMENTS Nat Marans questioned whether the Downtown Town Hall Committee was appointed by the Town Council. D. COUNCIL. COMMISSION OR COMMITIEE ORAL REPORTS · MARIN COUNTY HAZARDOUS AND SOUD WASTE JPA MEETING Councilmember Nygren reported on the December 19 agenda and the search for an Executive Director. E. CONSENT CALENDAR MOTION: To approve the Consent Calendar consisting of the following items: ~ 1. APPROVAL OF MINUTES #1036, November 16, 1994 as amended 2. INVESTMENT SUMMARY REPORTS (October and November 1994) 3. SECTION 125 PLAN (Authorize Entering Into Agreement) TOWN COUNCIL MINUTES #1039 1/4/95 1 . . r". - 4. TOWN ENGINEER SERVICES (Approve Agreement between Town and County of Marin as amended) 5. .HERITAGE & ARTS COMMISSION (Add Mission Statement & Revise . Functions - Resolution) 6. CALIFORNIA INTEGRATED WASTE MANAGEMENT ACf OF 1989 (Adopt Multi-Jurisdictional Non-Disposal Facility Element for Marin County and Its Cities - Resolution) Moved: Vote: Thayer, Seconded by Wolf AYES: Unanimous NOES: None F. UNFINISHED BUSINESS . 7. NEW TOWN CENTER DOWNTOWN PLAN PROPOSAL (Presentation of Report by Special Ad Hoc Committee Consisting of Schematic Designs, Cost Estimates and Financial Feasibility) <t The Town Manager reviewed the Staff report; no documents were submitted to staff prior to the meeting. ~ .. Bruce Ross, Chairman of the Downtown Town Hall Committee, thanked everyone for their help; noted this is a report from the Committee, not a proposal; it is information to be looked at by everyone at the same time; then the Council can disseminate it, take time to analyze and digest it; suggested it be discussed at the next Council meeting. Mr. Ross gave Council a Tiburon Downtown Town Hall Proforma and Tiburon Town Hall Space Comparison to Measure I, and cost estimates prepared by Adamson Associates; reviewed schematic drawings of downtown site and Police Building at Ned's Way; reviewed parking lots and circulation. In response to Councilmember Thayer, Mr. Ross stated to show a site plan for a proposed congregate care facility at the Ned's Way site was beyond the scope of the Committee. Mr. Ross reviewed the Proforma cost analysis; stated he would provide conceptual drawings for the Ned's Way proposed housing; stated the Emergency Operations Center. was included in the Police Building training room, this drawing prepared by Eric Glass. "\\ In response to Vice-Mayor Ginalski, Mr. Ross stated the height of the building is 24' to the bottom of the roof; 31' to the base of the cupola; 37' to the top of the cupola and approximately 62' wide; stated he would provide Council with copies of the letters presented to developers to get cost estimates for the Ned's Way site. ~ TOWN COUNCIL MINUTES #1039 1/4/95 2 I I . ,. r- - In response to Councilmember Nygren, the Planning Director stated no questions could be answered until a plan was available. In response to Councilmember Nygren, Mr. Ross stated: The Committee did not make a comparison to Measure M which is bigger; figures are available; presented schematic plans that need to be refined. Corridor space is included in the square footage. Both buildings will have emergency generators. It is not the Committee's responsibility to negotiate terms with Mr. Zelinsky. It is not the Committee's responsibility to negotiate terms with the School District; the Committee will make an informational presentation to the Board January 12. Staff to ask the School District to officially agendize this item for discussion to determine if they would be willing to release the Town from the provisions of the pedestrian easement. I~ AI Kuhn, former Mayor, encouraged Council to give the District as much time as possible for preliminary discussions; they are concerned about circulation, safety and pedestrian traffic; stated the Downtown Town Hall Committee was trying to be a non- advocacy type of committee. Councilmember Nygren stressed the importance of knowing the School District's response. The Town Manager stated he would call the School District's Superintendent and tell her Council needs some indication of their support for relinquishment of the easement and perhaps they can place it on their next agenda. Mr. Kuhn asked Staff to prepare an analysis of the original deed and conditions; at the time the School District expected to close Reed School; asked the Town Attorney for a brief of the precise nature of the Town's property rights and the property rights of the School District. In response to Councilmember Nygren, Mr. Ross explained the variations of senior . housing with no care facilities up to the point of assisted living arrangements; stated the proposal is deliberately unspecified because it is market driven; senior housing typically provides one parking space per unit; it is understood senior housing has very low on-site parking and traffic flow. ~ In response to Councilmember Nygren, Mr. Ross stated the Beach Road site provided for 24 spaces; the current proposal provides for 28 spaces which would be adequate for TOWN COUNCIL MINUTES #1039 1/4/95 3 " r" II Staff; stated it is not a site standing by itself so it has to develop all the parking it needs; it is adjacent and close to other uses. In response to Councilmember Nygren, Mr. Ross stated the EIR prepared for the Tiburon Peninsula Club states on page 5-15 that traffic at Mar West and Tiburon Blvd. will require signalization with or without the Town Hall project; projects that create the additional traffic will share in its cost. . There was a brief discussion regarding foundations based on weight of the building. In response to Councilmember Nygren, Mr. Ross stated he would clarify as to whether the Administration Building cost estimates included it being built to emergency standards. Hal Edelstein, 34 Noche Vista, stated he thought it was a good job; noted cost contribution that the Ned's Way site might make to the revenue to off-set cost of the building is based on assumption of what goes on the site; noted circulation is important; noted last summer's drawing showed parking spaces with straight in access. Mr. Ross stated that the drawing prepared earlier was for market rate housing and had two cars per unit; it showed two car garages; with a congregate care facility there will be consolidated parking in garage. ~ Mr. Edelstein noted that the Town administration building contains essential services, i.e., Town Manager, Building Inspection, etc. and it was considered advisable it be up to emergency standards; suggested a parking study based on time usage. Mr. Ross noted afternoon hours are peak demand for library; Town Hall demand is in the mornings for contractors getting permits; peak time for Town is at night and Mr. Zelinsky's lot is empty. In response to Vice-Mayor Ginalski, Mr. Edelstein stated the current design responds to some of his concerns listed in a letter dated November 18; stated it is never a good idea to have an intersection that close to the street; an alternative is to put the entrance off the driveway and he would defer to the Town Engineer. Mr. Ross showed sketch prepared by Town Engineer; stated he was confident there is enough area that any problems can be resolved. Bruce Abbott, 458 Greenwood Beach Road, asked if this proposal would generate enough revenue without a bond issue. Mr. Ross responded yes. In response to Nat Marans, Mr. Ross stated property can be rezoned; the proposal is for modest dwellings such as Bradley House. ~ TOWN COUNCIL MINUTES #1039 1/4/95 4 " ,~ In response to Councilmember Nygren, the Planning Director stated the property is zoned as quasi public site; there would have to be a General Plan amendment and the To~ has to go through the CEQA process; the same process as Measure M when the Town hired a consultant to do it. - Mr. Ross asked if there was an EIR for Measure M or Measure I; there were no impacts on traffic that required an EIR; magnitude didn't generate need for an EIR. Ken Leigh, District Superintendent of State Parks, stated their concern is not about design or configuration of Town Hall, but on parking; stated they have undertaken an effort to keep Angel Island solvent; met regarding ferry services from other locations; Tiburon went on record not to support it; concerned about loss of parking as it relates to the new Town Hall site; stated they had a 25 year lease with Main Street Properties that states the lessee will provide up to 200 spaces for parking facilities; noted the permit expired before the lease was signed; another section states the lessor will provide 100 spaces in other areas; stated if the Park Service reaches their objective capacity, they anticipate need for 300-350 spaces; if parking is not available, he wonders where those spaces will come from and if this become a breach of contract; stated they might have litigation and wanted to bring that to the Council's attention. ~ Councilmember Wolf pointed out there are over 100 spaces; there is no lessening of spaces; there is a proposal to transfer of location to the dirt lot near Safeway which would take 58 cars; there are actually 134 spaces available with the proposed plan. Mr. Leigh stated the Park Service currently parks at the dirt lot on a monthly basis. In response to Councilmember Nygren, Councilmember Wolf stated there are zero parking spaces allocated for Angel Island. The Mayor noted he didn't want speculation; stated the Town is preparing a parking study. The Mayor also noted it is the Town's policy not to support another ferry service from Larkspur at this point in time; the Town would look at other ferry services when the demand warranted it; Town doesn't want to undermine the existing ferry service. - In response to Randy Greenberg, Norman Way, the community garden would not be sold. Ms. Greenberg urged the Council to get a timeframe on the parking study; this data is needed to evaluate how the plan works; stated the proposed housing on the Ned's Way site had to be more than three words on the plan; it drives other issues. tl In response to Councilmember Nygren, Mr. Ross stated there's virtually no problem regarding parking; noted if the Council determines it appropriate for meetings during the day, then they will have to consider impacts and make arrangements for shared parking; however, for night meetings there is not problem; the anticipated use for the TOWN COUNCIL MINUTES #1039 1/4/95 5 " r - library wouldn't have heavy use in the evening; Mr. Zelinsky's lot is available as well as lots at Safeway, Home Savings, etc.; the issue of how much you let the community use the (acility other than for specific meetings is up to the Council. In response to Councilmember Nygren, Mr. Ross stated anyone who buys the Ned's Way site will accept demolition of the existing buildings in plenty of time; with $1.4. million in pocket, the Town could get a bridge loan; regarding parking along Ned's Way and near the Child Care Center, there would probably shared costs and primarily the responsibility of the housing developer; parking requirements will go down because density of this site will be down; community garden parking could be a condition on sale. Mr. Ross stated the School District would discuss the traffic circulation with the developer. Vice-Mayor Ginalski noted the Council needed time to digest this information; important to have a special meeting before the School District meeting on the 12th to look at rendering and information regarding assumptions made on the value of the land, traffic study, etc.; want to agendize questions regarding the proposed initiatives being circulated; asked that when the Council discusses the Town Hall, the agenda be as general as possible so they can discuss all aspects of the proposal. Mr. Ross noted the Council is asking him to do a pro bono design of the site and convincing enough for Council to make a decision; he could not do that in one week. """ -. Councilmember Wolf stated they needed to coordinate with Larry Smith and should have everything ironed out by the Town workshop on February 4. Councilmember Thayer stated parking seems to be the major issue; stated Mr. Leigh had pointed out considerations he was not aware of; concerned there was a legal commitment to provide spaces that have not been considered by the Town's allotment of spaces; stated the Town has reversed a long standing policy of not encouraging ferry services from Larkspur; noted the Town doesn't want to be a high profile tourist destination; stated we have spent a lot of time trying to lower density and succeeded in doing it; we are about to accomplish a great victory with the Harroman and Jay . properties; to sell town property and develop 25 units or whatever it takes should be considered when considering this proposal; stated the residents have to pay for the use out of pocket or will pay with higher density, more traffic, more concentration of traffic at Ned's Way; it isn't 25 cars; it is people who come to visit; people who provide services; stated it will change traffic impacts on Tiburon Boulevard substantially. ~ L..... Councilmember Nygren stated she still hadn't heard Mr. Zelinsky's conditions; had heard some conditions; wanted something in writing by the next meeting; pleased representatives from Angel Island were present; people need to consider do they want Town Hall downtown or preclude parking for Angel Island; the Park Services state they are concerned; how does it impact the Town and Chamber if we put a Town Hall TOWN COUNCIL MINUTES #1039 1/4/95 6 . " ,~ downtown that takes away the tourist and visitor uses; maybe the Planning Director can come up with some preliminary information; would like to hear how the Agreement referred to by the Park Service affects the parking program the Town currently has in place; want to know from the School District what they are going to do with the easement; concerned about visual quality of a 10,000 sq.ft. library and over 9,000 sq.ft. where people are now accustomed to looking at open space; it is the area people can now look up and see Harroman property; what will be visual impact of two large buildings on open space; suggested story poles to make a determination so people can see visual impact in that area. - The Mayor thanked Bruce Ross for tremendous amount of work, and noted this presentation only cost the Town $5,000; noted the Town wants to insure maintaining small Town character of Tiburon; don't want to be a Town that is constantly reeling with the ebb and flow of the tourist tide; he reiterated he ran on a platform of a downtown Town Hall; thought people would be able to see Harroman property from everywhere; stated there are a lot of attributes to the plan; parking is very important and there are concerns that can be worked on; can play number games on allocation shifts; the reality is lots are not being used; need to think of parking lots as multiple use of parking by hourly usage. Item continued to next week. ~ 8. DONAHUE BUILDING LEASE (Authorize Lease to Landmarks Society) Because the Town Council received the Lease this evening, and the Point Tiburon Bayside and Lagoon Homeowners Associations had not been advised of this meeting, the Town Council continued this item to the next regular meeting of January 18. G. PUBLIC HEARING 9. APPEAL DESIGN REVIEW BOARD DECISION (AP. #58-261-35; Applicants: Mr. and Mrs. Boosalis, 102 Mount Tiburon, New Residence; Appellants: Howard & Diane Zack) Planning Consultant, Jayni Allsep, reviewed the Staff report; Staff has found the proposal in conformance with the development standards of other R-01 Zone, the FAR guidelines specified by Section 4.02.07 of the Town's Zoning Ordinance, and the General Plan. Ms. Allsep stated by conditionally approving the design review application, the Design Review Board found that the project substantially conforms to the Guiding Principles and Site Development Criteria contained in the Zoning Ordinance and the Hillside Design Guidelines. Staff recommends that the Town Council uphold the decision of the Design Review Board to conditionally approve the plans for the proposed residence at 102 Mt. Tiburon. ~ TOWN COUNCIL MINUTES #1039 1/4/95 7 " ,I"'" - ~ a. ~ Jeff Slavitz, Vice-Chairman of Design Review Board, reviewed Board decision in terms of what's fair and what's reasonable; Board looked at obstruction, but also the rest of the Zacks view; question is whose view is it; is it the Zacks over the vacant lot; to what extent can it be shared; didn't think anyone stated the chimney had to be moved. Bruce Moody supported denying the appeal; stated he would be happy to window trees to enhance anybody's view; urged Council to sustain the DRB decision. George Chu, 75 Mt. Tiburon, thought the great room floor could be dropped; felt major impediment are trees. Charles Handerling, construction company, disputed excavation costs. j Jerry Nelson, Mrs. Boosalis's father, thought the Boosalis view loss had been substantial. Jud Moorhouse, 85 Mt. Tiburon, felt conditions of approval were unclear; concerned about lighting; stated fire hydrants can be moved and would prefer to see driveway moved up-hill; noted Guidelines state primary view of San Francisco and Golden Gate Bridge. Diane Zack stated the view obstruction is from their primary view; thanked Mr. Moody for offering to trim trees; regarding letters of support none of them have proximity to this house; those who spoke tonight are directly affected; an appraiser, David Kirschoff, told them an unobstructed view of downtown San Francisco cityscape contributed to value; this proposal would be diminution of value; asked Council to assist in protecting their views. Councilmember Thayer thought the view at issue, while important, is not the predominant view from the Zack's house; what is obstructed is a small part of the entire view; driveway does concern him; would like to see different solution. Councilmember Wolf thought there is a necessity to share views; perhaps there could be improvement in the driveway; trusted the DRB Administrative Committee. Ms. Allsep suggested upholding the DRB decision with the condition the driveway be considered along with moving the fire hydrant. Vice-Mayor Ginalski reviewed principles and goals of the Hillside Guidelines; believed there was a view blockage from the Zack's dining room and deck of San Francisco and Angel Island; believed the Guidelines were applied in error; amazing number of issues still open; believed views could be enhanced by moving structure to the side. Councilmember Nygren concerned DRB approved a project with a lot of open ends; would like concerns addressed at the DRB so parties can negotiate and come to an TOWN COUNCIL MINUTES #1039 1/4/95 9 . . . r"- I Howard Zach, 99 Mt. Tiburon Road, stated the proposed home obscures the most important part of their primary view from their primary rooms; proposed design violates basic tenets of the Hillside Guidelines; showed montage depicting view loss; reviewed design of the proposed home; urged Council to direct applicant to make changes that his architect, Colleen Mahoney, will recommend. Colleen Mahoney, architect, didn't believe Hillside Guidelines were being followed adequately; felt 18 1/2 foot ceilings in an entryway is a gross disregard of the Hillside Guidelines; discussion ensued regarding plate heights being reduced; suggested front area of the house be reconsidered with an overall reduction of l' and actual sections further reduced by 24' in the dining/kitchen area and entry; suggested Council return the matter to the Design Review Board. "..... . Terrell Mason, attorney for Zachs, stated it is their contention the Design Review Board's majority did not follow the spirit of the Hillside Guidelines; principle 13, goal 2; many suggestions were not taken into consideration; stated there was a mis- assumption that there was more communication and compromise going on. t Robert Huff, representing Boosalis, noted blockage of center view is more damaging than blockage of side views; noted Zacks have an almost unparalleled view of Tiburon; they opposed Agins' application because of loss of view on Mt. Tam; tonight they oppose loss of view from same rooms; showed plot plan; stated view blockage is from a den; noted Boosalis cannot request tree cutting below level of the view that exits when they bought the property; stated Boosalis has compromised their view to accommodate the Zacks; showed photographs; asked Council to uphold the Design Review Board. Dean Dovalis, Project Architect, reviewed plans and changes; showed estimate of additional excavation costs; stated other neighbors objected to further changes; considered the driveway location as the safest area where it meets the other two driveways thereby creating an intersection; eliminated fireplace in lower bedroom; chimney size has been reduced from 7 x 3 to 3 x 4. Kari Boosalis gave Council letters of support from eleven neighbors. Vernon Waters, attorney representing Boosalis, stated the Council should uphold the decision of the Design Review Board unless they found error or misuse of discretion of the Board. Russ Pratt, 95 Mt. Tiburon Road, Bob Greber 11 Mt. Tiburon Road (via letter), Joe Plan, 19 Venado Drive, Sam Conhouse, 20 Place Moulin, Mrs. Pratt, 95 Mt. Tiburon Road, Chara and Gary Schreyer, 83 Mt. Tiburon Road, supported the appeal and requested the Council remand it back to the DRB. Jl L.~ TOWN COUNCIL MINUTES #1039 1/4/95 8 . ~ (' - agreement before the Board; felt lighting should be reviewed by the Board; concerned about height of the entry area and clerestory; suggested possible removal of clerestory windows; concerned the chimney could be reworked to minimize view; preferred to move the driveway downhill. Mayor Thompson stated views are extremely sensitive; felt Boosalises were being squeezed between the Zacks and the lot below them; noted when riding in the basket of the cherrypicker and lowered 3' views disappear behind trees and other obstructions; noted tree ordinance is very clear about when you bought the property and when you move in; would uphold the DRB and keep the floor level currently approved or move it up possibly a foot; give more flexibility to the floor line without roof line going up; favored driveway downhill even though there would be more hardscape. Motion: To uphold the DRB and add the driveway issue to the DRB to resolve along the lines discussed by Council. Moved: Thayer, Seconded by Wolf Ms. Allsep suggested Council modify conditions so that these modifications go back to the full Board rather than the Administrative panel. If Amended Motion: To uphold the DRB decision and refer the driveway and all other conditions of approval back to the full Board. Moved: Thayer, Seconded by Wolf Vote: AYES: Thayer, Wolf, Thompson NOES: Ginalski, Nygren r H. NEW BUSINESS 10. TOWN ADMINISTRATION COMPUTER PROGRAM (Equipment Replacement) This item continued. 11. ANNEXATION POLICY AND PROCEDURES (Consider Overlay Zones - Resolution) Council waived reading Staff report. Motion: To adopt Resolution Adopting Policy with Respect to Prezoning and Annexation of Established Neighborhoods. Nygren, Seconded Wolf AYES: Unanimous NOES: None Moved: Vote: JI , L__ TOWN COUNCIL MINUTES #1039 1/4/95 10 .. ~ ./",.. I. . 12 STAFF AND TOWN MANAGER REPORTS ABAG Mobile Police Training Unit (March 29 - April 17, 1995) Informational item. 13. Setting Date for Joint Town Council, Planning Commission and Design Review Board Workshop February 9, 1995 was selected for Joint Meeting with Council, Planning Commission and Design Review Workshop. The Council also established February 18 for a Council/Staff Retreat. J. COMMUNICATIONS · TOWN COUNCIL COMMITIEE ASSIGNMENTS (Mayor Thompson) The Council made minor revisions and a new roster will be sent out. · TOWN COUNCIL 1995 GOALS & OBJECTIVES (Mayor Thompson) P"'" - Each Councilmember and Department Head will submit their goals and objectives for 1995. K ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Thompson adjourned the meeting at 2:00 AM., January 5, 1995 to Monday or Tuesday, January 9 or 10, 1995 at 8:00 P.M. ~ /7T MAYOR~~ ATTEST: , j" '.... ., TOWN COUNCIL MINUTES #1039 1/4/95 11 ..