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HomeMy WebLinkAboutTC Min 2000-12-06 r-. TOWN COUNCn.. MINUTES CALL TO ORDER Mayor Thompson called the regular meeting of the Tiburon Town Council to order at 7:37 p,m, on Wednesday, December 6, 2000, in the Town Council Chambers, IS0S Tiburon Boulevard, Tiburon, California. 1. ROLL CALL PRESENT: ABSENT: COUNCIL MEMBERS: COUNCILMEMBER: Hennessy, Gram, Matthews, Mayor Thompson Bach PRESENT: EX-OFFICIO: Town Manager McIntyre, Town Attorney Danforth, Planning Director Anderson, Senior Planner Watrous, Finance Director Stranz1, Deputy Town Engineer Hugunin, Lt, Aiello, Minute Clerk McVeigh 2, ANNOUNCEMENT OF CLOSED SESSION ACTION (If Anv) None, ~ 3, PUBLIC OUESTIONS AND COMMENTS Mayor Thompson reported the Town Council will be adjourning this meeting in memory of Margaret Azevedo a long-time Tiburon resident who passed away on December 2, 2000, He noted she was an incredible woman and a true public servant, He highlighted her many contributions to the Town and County, 4, COUNCIL. COMMISSION & COMMITTEE REPORTS There were none, S, CONSENT CALENDAR Councilmember Matthews request Item 1, Town Council Minutes of November 9,2000 and November IS, 2000 be removed from the Consent Calendar, Council to submit individual revisions to transcript to Town Attorney, Councilmember Gram requested Item #12, Pavement Management System, be removed from the Consent Calendar, MOTION: to adopt the Consent Calendar consisting of: r' S:dcranel1206min, wpd ~ r' 1. TOWN COUNCIL MINUTES - a) No, 1202 - October 18, 2000, b) November 1, 2000, and d) November 14, 2000 2, TOWN MONTHLY INVESTMENT SUMMARY - October 31, 2000 - (Accept) 3, TOWN MANAGER HOUSING AGREEMENT AMENDMENT A Amendment of Town Manager Employment Agreement to modify tenns of Housing Loan 1. Adoption of Resolution Accepting Deed of Trust Securing Housing Loan to Town Manager 4. ACTING POLICE CHIEF - (Approve Agreement with County of Marin to Provide Services) 5, NATIONAL DRUNK DRIVING AWARENESS MONTH - (Adopt Resolution) 6, FY 2000-02 SALARY & BENEFIT PROGRAM AMENDMENTS 1. Adopt Resolution approving Salary Adjustment for Police Lieutenant 2, Adopt Resolution ModifYing Town Holiday Schedule 7, FY 2000-01 BUDGET AMENDMENT - Accept Recommendation by Heritage & Arts Commission for Town Hall Lobby Interior Design and Acoustical Work (Authorize Budget Amendment for additional Appropriation) 8. OLD TffiURON LANES & PATHS (Approve recommendation of Parks & Open Space Commission to appoint ad hoc committee to research and makerecommendation~ 9, SHORELINE PARK RESTROOM INSTALLATION - (Approve recommendation of Parks & Open Space Commission not to proceed with installation at East end) 10, NAMING OF PRIVATE STREET - ("BA YSHORE TERRACE") - Currently 636,638,640, & 644 Tiburon Boulevard - AP Nos, 55-171-16, 17,18 & 27) 11, TOWN COMPUTER NETWORK - System Upgrade & Service Agreement - (Authorize Town Manager to negotiate and enter into Agreement with Just Results for system update and technical support) 13, PROP, 116 FUNDS FOR TffiURON FERRY ACCESS AND SAFETY IMPROVEMENTS - Resolution Authorizing Execution of a Fund Transfer Agreement with the State ofCalifomia (Adopt) 14, TffiURON FERRY ACCESS AND SAFETY IMPROVEMENTS - Authorize Agreement for Landscape Design Services - (James McLane & Associated) 15, AMICUS BRIEF REQUESTS - a) Cashman v City ofCotati; b) Eastman Kodak Company v, City of County of San Francisco, and General Motors Corporation v, City and County of San Francisco; c) G&G Fire Sprinklers, Inc, v, Bradshaw county Superior Court Case No, A091914; d) Emeryville Redevelopment Agency v, Elementis Pigments, Inc, r' r" Town Council Minutes No, 1207 December 6, 2000 Page 2 ~ r' Moved: Vote: Hennessy, Seconded by Matthews AYES: Unanimous ABSENT: Bach 7, UNFINISHED BUSINESS 16, 761 HILARY DRIVE - Grant Appeal by St. Hilary Church to Expand Facilities; Adopt Mitigated Negative Declaration and approve CUP with Conditions of Approval - AP Nos, 55-253-11 & 18; 55-221-06 (Adopt Resolutions) Senior Planner Watrous reported at Council's November 14th meeting staffwas directed to prepare resolutions granting the appeal and adopting a mitigated negative declaration and a mitigation monitoring program for this project, He noted since the writing of the resolutions presented to Council, staff has received additional correspondence and has had discussions with the neighbors and attorneys representing St. Hilary's, From these discussions, staffis recommending the following changes to the resolutions before Council, On page 7 of the resolution granting the appeal, last paragraph change to read". "the requirement that all exterior entrance..." , Page 11, condition 10 change to read "After completion of the new classroom addition and associated circulation improvements, traffic for children in Grades 6-8 shall not use the Hilary Drive entrance during the morning, but during that time shall ingress and egress of Rock Hill Drive directly, School buses are excepted from this condition", Page 12, condition 17, change to read" All exterior entrances of the gymnasium shall consist of a vestibule comprised of r-. two sets of doors", Councilmember Hennessy requested that condition 26,(f) on page 13 be deleted as Council did not discuss limiting the height of the rectory addition to 15 feet, She also questioned the requirement of a sound barrier in condition 26,0), She feels a sound barrier will increase noise rather than mitigate noise, Councilmember Gram noted that Council is recommending the gym height be reduced to 25' and the classrooms to 20', but these heights are to be reviewed and approved by the Design Review Board, Mayor Thompson opened the public hearing, Ms, Debra Bendenelli, 735 Hilary Drive, stated her main concern is over traffic, She referred to condition 11 on page 11 which requires a monitor from 7:30 a,m, to 8:10 a,m, She reported there has not been any monitor on Hilary Drive, She strongly suggested the Church be required to report on their monitoring activities and make the restrictions meaningful. She is also concerned with the speed of traffic and recommended striping Hilary Drive and posting a "15 MPH When Children are Present" sign to encourage drivers to slow down, r' Town Council Minutes # 1207 December 6, 2000 Page 3 , r' Ms, Margaret Smetana, 650 Hilary Drive, stated that the traffic problem is not just from St, Hilary's, but also from Del Mar School. She recommended that a four-way stop be placed at the intersection of Rock Hill and Hilary Drive, Mr, Todd Garrett, 11 Via Paraiso West, read finding 26 of the Negative Declaration resolution which states "commentators offered their speculation that the project would have unmitigated impacts, particularly with respect to noise, traffic, and parking, they offered no substantial evidence in support of their statements.. He stated neighbors and others offered substantial testimony and facts during the extensive Planning Commissions hearings and again at the Town Council hearings. He presented for the record a three page letter which summarized what he feels are findings off acts regarding the impacts of this project, Ms, Katie V ogelheim, 170 Hacienda, wanted clarification regarding the height of the gym, She questioned if the 25'limitation was on the interior height, She stated she would like to see the Church maintain the peaked architecture and a 25' interior limitation would give the Design Review Board more flexibility on the exterior height, She requested the same be true of the 20' height limitation on the classrooms, She stated the traffic monitoring program is a "work in progress" and currently there are monitors in place on a regular basis, Being no further comments, Mayor Thompson closed the public hearing, Mayor Thompson summarized the concerns expressed and felt the Council should address the ,-. traffic monitoring program, building height limits and point #26 of the Negative Declaration Resolution, Councilmember Gram stated the Council is only making recommendations on the building heights, and feels the final height should be left up to the Design Review Board, He feels the exterior height of the gym could go up to 28-30' if the design requires. He feels the speeding issue is a matter for the Traffic Safety Committee or Police Department, Mayor Thompson noted Ms. Bendenelli recommended striping the street and posting a "15 MPH When Children are Present" sign, He suggested these recommendations be referred to the Traffic Safety Committee, He recommended in regard to finding No, 26 in the Negative Declaration Resolution the word "speculation" be changed to "testimony". Town Attorney Danforth stated the language of finding 26 may appear dismissive, but the term has a specific meaning under CEQA. Vice-Mayor Matthews stated he is satisfied with the explanation regarding the lack of monitors and feels there will be monitors at all times, He wanted to know what checks and balances will be in place for the two monitors, Councilmember Gram stated the neighbors will be the checks and balances and Town Hall will hear when there is a lack of a monitor, He also stated that this is a major restriction and condition in the Use Permit approval, r' Town Council Minutes #1207 December 6, 2000 Page 4 ~ r' Senior Planner Watrous reviewed the changes to the Resolution granting the appeal by St, Hilary Church, those being on Page 7 condition 2(a), page 11 condition 10 and page 12 condition 17, Condition 26,(f) on page 13 is to be e1iminated, The Resolution adopting a mitigated negative declaration shall be amended so that finding 26 reads "While commentators offered their testimony that the Project would have unmitigated impacts"". MOTION: to adopt the Resolution adopting a mitigated negative declaration, as amended Moved: Hennessy, Seconded by Matthews Vote: AYES: Hennessy, Gram, Matthews, Thompson ABSENT: Bach MOTION: to adopt the Resolution granting the appeal by St. Hilary Church as amended Moved: Gram, seconded by Matthews Vote: AYES: Hennessy, Gram, Matthews, Thompson ABSENT: Bach H. NEW BUSINESS 17, TOWN COUNCIL VACANCY - Selection of Method to Fill Seat after January 1, 2001 - Departure of Councilmember Hennessy r-- Mayor Thompson stated that when a vacancy takes place on the Town Council, the Council has a lot of freedom on how to replace the vacancy, He stated the Council could call for an election, appoint a person to fill the vacancy until the next election, or appoint a person to fill the vacancy for the balance ofCouncilmember Hennessy's term, Councilmember Gram recommended appointing a person for the remainder of Councilmember Hennessy's term, Matthews, Thompson and Hennessy agreed, Manager McIntyre recommended the Council set a specific schedule for filling the vacancy, Mayor Thompson noted the Town has received four letters of interest in filling the vacancy, He recommended Council close the deadline for letters of interest on December 15th or 18th. The Council could have another meeting to interview the candidates and make an appointment in January 2001. Council directed Staff to place an ad in The ARK Newsoaoer requesting letters of interest with a cut off date of December 18th at 5:00 p,m, MOTION: to make an appointment for the remainder of Councilmember Hennessy's term based on cost savings of holding an election, the deadline for filing letters of interest shall be December 18th at 5:00 p,m" and interview dates of December 20th and January 3,2001 /"" Town Council Minutes #1207 December 6, 2000 Page 5 . r' Moved: Vote: Matthews, Seconded by Gram AYES: Hennessy, Gram, Matthews, Thompson ABSENT: Bach 18, ZELINSKY PARK (Award of Contract) Manager McIntyre reported the Zelinsky Park plan has been revised slightly for a new contract price of$45,900, which is below of $50,000 budged amount, Councilmember Gram questioned if there is a cost analysis for the Public Works Department to do the project, He noted the Supt, of Public Works indicated his Department could have done the previous plan for $14,000 less than a bid prepared by a landscape contractor. He is willing to wait 4-6 months to have Public Works do the project and save $14-15,000, Councilmember Hennessy stated she would prefer to award the contract to Neary Landscaping, noting Public Works has enough work to handle, Mayor Thompson agreed, MOTION: to accept Staffs recommendations and authorize the Manager to negotiate and execute an agreement with Neary Landscaping in an amount not to exceed $45,9800 and allocate $13,625 from the park-in-Lieu fund to purchase the water meter and water allocation from MMWD r-- Moved: Hennessy After discussion, Councilmember Hennessy withdrew her motion and Staff was directed to reagendize the matter for December 20th and that Public Works provide a bid for the project at the meeting, L PUBLIC HEARINGS 19, APPEAL OF DESIGN REVIEW BOARD DECISION to approve an application filed by Mr, And Ms, Hariri to install a fence on the property located at 163 Avenida Miraflores, Appellant) Senior Planner Watrous reported Council did not review the appeal scheduled on November 1, 2000, but did hear testimony from the applicant, the appellant and the public regarding the matter, The Council then continued the item to December 6th in order to allow the applicant to work with the neighbors in developing an agreement regarding a potential redesign of the fence configuration and height, Mr, Chester Judah, appellant, reported he has reached an agreement with the applicant whereby the Hariri's will move the 6' wrought iron fence 5' down the hill, He feels it is a great agreement, but the Petri's have not agreed to the revised plan, r' Town Council Minutes # J 207 December 6, 2000 Page 6 ~ r' Ms, Famood Hariri reviewed her revised fence plan indicating that the Petri's have not approved the plan as they have concerns regarding a property line dispute, Ms, Faradeh Petri urged the Council to not approve the plan and deny the appeal. She feels the plan violates the neighborhood's CC&Rs and stated the Hariri's constantly violate the CC&Rs, She stated her family does not want the fence and would prefer the previously approved plan, Councilrnember Gram asked ifthere was an architectural control committee through the Homeowners Association, Ms, Petri stated there is not an active committee, Mr, Paul Grothe, 2 Hacienda Drive, noted he is a real estate broker and in his opinion feels the proposed fence would adversely effect the value of the Petri property, Mrs, Petri, 165 Avenida Miraflores, asked the Council not to approve the new plan, She state she has agreed to the previous plan, She stated the new plan affects her view and value of her home, Mayor Thompson questioned Mrs, Petri if she wanted the originally approved plan by the Design Review Board, Mrs, Petri stated yes, Councilmember Matthews questioned if the height of the fence is the same in both plans, Senior Planner Watrous stated he did not know, I"'" Mr. Judah stated the difference between the two fence proposals is that the new plan has moved the fence 5' downhill making it less visible, Senior Planner Watrous noted Mrs, Petri is concerned with the portion of the fence that is not subject to Design Review Board approval as it is lower than 3-1/2", He reported that Mrs, Hariri checked with Joan Wilson, president of the HOA prior to representing the plan to the Town, Mrs, Wilson advised Mrs, Hariri that there was no requirement for HOA approval of the fence, Mr, Grothe stated the whole problem is with the 3-1/2' fence around the Hariri property line, Mayor Thompson closed the public hearing, Councilrnember Matthews agreed with Mr, Judah's statement that the new proposal makes the fence less visible and is prepared to support the appeal, Councilmember Hennessy agreed with Matthews, She advised Mrs, Petri that the Town does not have jurisdiction over the 3_1/2' fence, She is willing to accept the compromise reached between the appellant and applicant, r' Mayor Thompson stated the compromise solution is a better plan and will be less visible, He feels the plan would benefit the community and the relationship with the neighbors if the Hariris did not install the 3-1/2' fence, but noted the Town has no jurisdiction over that portion of the plan, Town Council Minutes # 1207 December 6, 2000 Page 7 . ....--------~- _._-~- .------ r' MOTION: Maved: Vate: ta grant the appeal based upan the campramise reached between the appellant and applicant and direct staff ta prepare a resalutian memarializing this actian Hennessy, secanded by Gram AYES: Hennessy, Gram, Matthews, Thampsan ABSENT: Bach 20, DOWNTOWN FERRY AREA ACCESS IMPROVEMENTS Cauncil waived an .oral staff repart, Mayar Thampsan .opened the public hearing, Being na camments, Mayar Thampson c1ased the public hearing. MOTION: Maved: Vate: ta read by title .only Hennessy, Secanded by Gram AYES: Hennessy, Gram, Matthews, Thampsan ABSENT: Thampsan Mayar Thampsan read "An Ordinance .of the Tawn Cauncil .of the Tawn afTiburan establishing streamlined permit review pracedures far the Dawntawri ferry area impravement project", r' MOTION: Maved: Vate: ta adapt first reading .of the .ordinance Hennessy, secanded by Matthews AYES: Hennessy, Gram, Matthews, Thampsan ABSENT: Bach ' 21. 80 ROLLING HILLS ROAD - Request ta amend the Owlswaad West Subdivisian Precise Develapment Plan - Allan & Caraline Littman, Owners/Applicants - AP Na, 58- 121-12 Seniar Planner Watrous reparted this is a request ta amend a partian .of the Owlswaad West subdivisian precise plan ta madifY the primary building envelape and establish secandary building envelapes far the praperty lacated at 80 Railing Hills Raad. The prapasal is intended ta allaw mare flexibility in the siting .of future impravements an the praperty, The Planning Cammissian unanimausly recammended approval .of the amendment, Mayar Thampsan .opened the public hearing, Mr, Littman stated he wauld like ta extend his best wishes ta Cauncilmember Hennessy, Mr, Littman stated thraugh the Planning Cammissian hearings, he has warked aut with his neighbars and acceptable plan, ,-.. Being na further camments Mayar Thampsan cia sed the public hearing, Town Council Minutes # 1207 December 6. 2000 Page 8 . ~~-- ~----~ -- -~ -- - ~ - -- -- - --~ ----~-- .----- ----~-._----~---------- r' MOTION: to adopt the resolution modifying the Owlswood West precise development plan Moved: Hennessy, seconded by Gram Vote: AYES: Hennessy, Gram, Matthews, Thompson ABSENT: Bach 12, PAVEMENT MANAGEMENT SYSTEM -Five-year Program for Town Street Repair (Accept Report submitted by Town Engineer) Councilmember Gram asked if there is a cost associated with this program, Deputy Engineer Hugunin stated this is just a proposal for how to use money in a more expeditious manner, There is no additional cost to put this system in place, MOTION: Moved: Vote: to accept the report Gram, Seconded by Hennessy AYES: Hennessy, Gram, Matthews, Thompson ABSENT: Bach II, ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon, Mayor Thompson adjourned the meeting in honor of Margaret Azevedo at 9:30 p,m, ~ ANDREW~YOR Town ofTiburon ATTEST: ~fi ' DIANE CRANE IACOP~ CLERK r' Town Council Minutes # 1207 December 6, 2000 Page 9 --"