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HomeMy WebLinkAboutTC Min 2000-10-04 I"'" TOWN COUNCIL MINUTES CALL TO ORDER Mayor Gram called the regular meeting of the Tiburon Town Council to order at 7:38 p.m. on Wednesday, October 4,2000, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Bach, Hennessy, Matthews, Thompson Gram PRESENT: EX OFFICIO: Town Manager McIntyre, Town Attorney Danforth, Planning Director Anderson, Senior Planner Watrous, Finance Director Stranzl, Superintendent of Public Works Iacopi, Acting Chief of Police Aiello, Town Clerk Crane Iacopi B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any) Vice Mayor Thompson said the Council took advisement from the Town Attorney on potential litigation but no action was taken in closed session. ,....... C. PUBLIC OUESTIONS AND COMMENTS None. D. INTRODUCTION & SWEARING IN OF NEW TOWN EMPLOYEES . Town Manager - (Alex McIntyre) . Tiburon Police Department - (Officers Mike Baird & Jamie Waterman; Community Service Officer Cece Hernandez) . Tiburon Public Works Department - (Cameron Balfe) Vice Mayor Thompson introduced the new Town Manager, Alex McIntyre, who had most recently been Portola Valley's Town Administrator. Lt. Aiello introduced the new Police Officers, Mike Baird and Jamie Waterman, both from Sonoma County, and their mends and families who were in the audience. The Town Clerk administered the oath of office to the officers. Superintendent of Public Works Iacopi introduced the newest landscaper in the Department, Cameron Balfe of San Anselmo. Lt. Aiello introduced Cece Hernandez, Parking Enforcement officer, who lives in Santa Rosa. Town Clerk Crane Iacopi administered the oath to these two employees. r Town Council Minutes # 1201 October 4, 2000 Page 1 . r- Vice Mayor Thompson announced a break for coffee and cake to welcome the new Town employees. E. COUNCIL. COMMISSION & COMMITTEE REPORTS None. MOTION: Moved: Vote: To move to Item No.8, New Business. Hennessy, seconded by Matthews AYES: Unanimous ABSENT: Gram L NEW BUSINESS 8) ST. HILARY'S APPEAL OF PLANNING COMMISSION DECISION TO TOWN COUNCIL A) Schedule hearing date B) Appoint ad hoc fact-finding committee B) Vice Mayor Thompson said that Councilmember Matthews and Mayor Gram had agreed to serve as an ad hoc fact-finding committee to gather information and speak to people on both sides of the issue prior to the Appeal hearing. ....... MOTION: Moved: Vote: To appoint Tom Gram and Harry Matthews to the ad hoc committee. Hennessy, Seconded by Bach AYES: Unanimous ABSENT: Gram Councilmember Matthews said he and Mayor Gram would contact the interested parties. June Lalwell, Rockhill Drive, asked whom the committee would speak to from "the opposition." Councilmember Matthews said they would not exclude people but would like to keep the number to 7 or 8. He said they would either call Ms. Lalwell or Carla Howard, on Hilary Drive. A) Council chose November 9,2000 at 7:00 p.m. as a hearing date, with November 14 as a back-up. Council directed Staff to call the School District and seek a location that would accommodate a larger number of people than the Council Chambers. F. CONSENT CALENDAR 1) 223 DIVISO STREET - Denial of Appeal of Design Review Board Decision Denying Application for Legalization of an as-built Fence on and near Property - AP No. 059-131- 07 - (Malcolm Misuraca and Victoria Brieant, Applicants/Appellants) - (Adopt Resolution) 2) RICHARDSON BAY REGIONAL AGENCY IT. POWERS AGREEMENT - Authorize Execution of Revised Agreement) r--. Town Counci/Minutes #1201 October 4, 2000 Page 2 , r" 3) 4) BEL VERON WATERSHED - DRAINAGE IMP ACT FEE ADJUSTMENT - (Adopt Resolution) TOWN CONFLICT OF INTEREST CODE - (Biennial Notice) - (Adopt) Councilmember Hennessy asked for Item No.9, Special Event Permits, to be moved to Consent. Council concurred. MOTION: Moved: Vote: To approve Consent Calendar Item Nos. 1 through 4, and NO.9. Hennessy, Seconded by Bach AYES: Unanimous ABSENT: Gram G. UNFINISIIED BUSINESS 5) GREENWOOD BEACH ROAD DRAINAGE PROJECT - (Oral Report by Town Attorney) Town Attorney Danforth said she was pleased to announce that the Greenwood Beach Homeowners had deposited $45,000 with the Town, which would be added to the $55,000 in Town funds and $10,000 from the Flood Control District for the project. ~ Danforth also said that the homeowners had committed to funding the landscaping portion of the project, which would be accomplished through a change order to the contract. This would close the $28,000 gap left in the contract award amount. Bruce Abbott, 458 Greenwood Beach Road, thanked the Town Councils, past and present, and Town Staff for their efforts in accomplishing this result. He especially thanked former Town Manager Kleinert for his "stalwart efforts," and said that Kleinert was "a master of accomplishing the impossible." Vice Mayor Thompson also thanked Mr. Abbott and the Greenwood Beach homeowners for seeing the project through to this point. 6) ZELINKSY PARK LANDSCAPE PLAN - (Status Report) Planning Director Anderson reported that the sidewalks and grading had been completed for the park. He reviewed landscape plans prepared by Ralph Alexander, which showed trees, ground cover, an arbor and semi-circle lawn area. The plan also called for four benches and two picnic tables, although Anderson said the suggestion had been made to move them to a different location, away from the Southern Marin Sewer Agency's easement. Planning Director Anderson also said that the landscape architect's estimate of $83,000 seemed high, and noted that the Superintendent of Public Works thought the most of the work could be done in-house for halfthe cost. ---- Finally, Anderson said that the plans called for removal of invasive exotics at the perimeter of the Town Council Minutes #1201 October 4, 2000 Page 3 ___________m ___ __________ ____.___.__::~ _-==___________ r- park, and that an appropriate plaque or marker would be added to honor the Zelinksy family. He recommended that Council give strong consideration to the Department of Public Works' proposal, and the suggestion to relocate the arbors. Councilmember Hennessy asked if the Flood Plain funds could be used to remove the invasives. Anderson said that portion of the project would not be a "big ticket item." Former Town Manager Kleinert said he had met with Councilmember Bach and others to review the plans. He said Bach had recommended splitting up the work into sub-projects, and had offered to work with the Department of Public Works to accomplish this. Deirdre McCrohan, The Ark newspaper reporter, commented that the current plan looked like a previous plan, which had been turned down. Planning Director Anderson said the current landscape plan was based on a park plan approved in April by the Town Council, the only difference being the current plan was a working drawing with specifications. Vice Mayor Thompson asked Ms. McCrohan if she thought people would think another plan had been approved. She replied that The Ark had published an article showing a sundial in the middle of a semi-circle. ~ Planning Director Anderson clarified that she was thinking of yet an older plan that had been submitted by the Carducci landscape architect firm. Councilmember Bach concurred that this was the first time Council had working drawings before them with details, for approval. He also said that he, the Town Manager and the Superintendent of Public Works had each met with the Library Director on this issue of the current plans. Former Town Manager Kleinert said Staff would still need to work on the best way to secure water for the park and a cost analysis. He said the Library Agency preferred not to share its meter and the Town agreed that it would be better to have a separate source, or meter. MOTION: To accept Staff's recommended modifications to the Zelinksy Park landscape plan and to move ahead with the project. Hennessy, Seconded by Bach AYES: Unanimous ABSENT: Gram Moved: Vote: H. PUBLIC HEARING 7) 684 HILARY DRIVE - Appeal of Design Review Board approval for construction of additions to an existing single-family dwelling, granting Variance for reduced sideyard setback - AP No. 55-182-14 - Carol Weiss, Applicant; Irmgard Brunner, P.O. Box 230, Tiburon, _ Appellant Town Counci/Minutes #1201 October 4, 2000 Page 4 --- Senior Planner Watrous gave the Staff report, noting that the Design Review Board granted approval for construction of an addition to the existing single-family dwelling at 684 Hilary Drive, with a variance for reduced side yard setback. The construction would include demolition ofan existing carport at the front of the house, which would be replaced with a new, one-car garage and utility room. A new entry would also be constructed leading to the family room, with a covered entry portico to the side of the proposed garage. Also included in the approval were new skylights above the existing living room and new portico. The proposed garage would extend to within five feet of the side property line, thereby requiring a variance for a reduced side yard setback. Irmgard Brunner, owner of nearby 681 Hilary Drive, raised concerns about potential view blockage from the proposed addition at the August 17 DRB meeting. She presented historical photographs showing a view of Richardson Bay from her house across from the subject property, which she felt would be impeded if the structure were no higher than the story poles erected from the project. Mr. Watrous said the Board members reviewed the photographs and indicated their support for the proposed project, as the ridgeline for the addition would not exceed the ridge height of the existing house. --- Vice Mayor Thompson asked Mr. Watrous whether the Building Department required the black ventilation pipes on the roof of 684 Hilary Drive and whether they could be removed. Mr. Watrous replied that unless the [building] permits were issued in error, the Town had no authority to cause their removal, but would be happy to cooperate with the owner if they wanted to change them. Thompson also observed that the story poles in question were about a foot lower than the garage on the adjacent lot in his estimation. Vice Mayor Thompson opened the public hearing. Irmgard Brunner, Appellant, thanked Councilmember Matthews and Vice Mayor Thompson for coming to the site and speaking with her. Mrs. Brunner distributed more photographs, which she said demonstrated that the proposed roofline was not accurately reflected by the story poles. She said her nicest view facing Sausalito would be impacted and that although she would leave the decision up to the Council, she wanted to be treated fairly. Mrs. Brunner also said she was out of town when the notices for the Design Review Board hearing were mailed out, so she had little time to prepare for that hearing. Vice Mayor Thompson asked Mrs. Brunner if she was requesting a specific design change to the project. She responded by asking if there was any construction that could be done without ___ blocking that portion oftheroofline, and stated that the Design Review Board should have moved Town Council Minutes #1201 October 4, 2000 Page 5 - [the roofline] one way or the other. Carol Weiss, Applicant, said the design followed the same roofline of the existing house and was very simple and insignificant. Ms. Weiss said she had been talking back and forth with her neighbors, including Mrs. Brunner, for "months and months" before undertaking the project. She also said she had hired an architect for the project who had worked on the house across the street and next door. In response to a question from Vice Mayor Thompson, Ms. Weiss acknowledged that the storypole was in fact a foot lower than the height of the garage on the adjacent property. Mrs. Brunner said she had never been informed of the project. Vice Mayor Thompson closed the public hearing. Councilmember Matthews said it would be helpful to have ribbons strung between story poles for a more accurate picture, especially in close neighborhoods. However, he said he felt the Design Review Board acted in good faith and he would support their decision. Matthews acknowledged a loss of view to Mrs. Brunner, but noted that it was not from a primary living area (the den). ,--- Councilmember Hennessy concurred. She said she while she was sympathetic, and noted that views were an important concern in Tiburon, the view loss was minimal. Councilmember Bach concurred, stated that he had also visited the site and stood on Mrs. Brunner's patio to look at the view. Vice Mayor Thompson said the Hilary and Hawthorne Terrace neighborhoods had particular concerns due to the shallow terracing which caused each inch of [increased] height to make a difference. But in this instance, Thompson said, the roofline was not being raised but expanded, and that the addition to the house would be an attractive addition to the neighborhood. He reiterated Councilmember Matthews' concerns that story poles should be accurate, erected early in the project, and have tape strung between them. Thompson also said that early communication between neighbors was important, as well. MOTION: Moved: Vote: To deny the Appeal and direct Staff to return with a resolution of findings. Bach, seconded by Matthews AYES: Unanimous ABSENT: Gram III - Town Council Minutes #1201 October 4, 2000 Page 6 ,....... J. COMMUNICATIONS 9) SPECIAL EVENT PERMITS - A) October 7 - (Open Water Swim from Angel Island to Sam's Anchor Cafe & Shoreline Park Awards Ceremony) B) October 21 - ("For Paws" Pet Parade on Upper Main Street) Adopted on Consent. K. STAFF & TOWN MANAGER REPORTS Vice Mayor Thompson said he had spoken to the family of Sol Martin, who had agreed that his bequest could be used for improvements to the Pine Terrace path to McKegney Green. Council asked that the matter be agendized, including what paperwork needed to be done to indemnify the Pine Terrace property owners, and to make the path ADA accessible. Council also asked what could be done to close the gap and perhaps raise the fence in the CAL/TRANS right of way. Councilmember Bach said he thought it was important for RUSD to raise the Del Mar School fence, as well, to keep children from crossing Tiburon Boulevard illegally. Councilmember Bach asked if the new path had to be ADA compliant. Outgoing Town Manager Kleinert said the existing path would remain an ADA accessible route. Superintendent of Public Works Iacopi said he thought any modifications to a public walkway had to be made ADA accessible. Town Attorney Danforth said she would research the issue. ,-.. Vice Mayor Thompson said the real issue was whether a [new] path was needed at all, or whether to cut the existing fence that would let the children onto the path at an earlier junction. On another subject, Town Clerk Crane Iacopi asked for suggestions for topics for the Town Newsletter. Council mentioned Disaster Preparedness, Night Ferry Service to San Francisco, and when permits were needed for construction. L. ADJOURNMENT There being no further business before the Town Council of the Town ofTiburon, Vice Mayor Thompson adjourned the meeting at 9:22 p.m., sine die. ~ /7 ~. ~ ~ 12-'" ANDREW THOMPSON, VICE ~YOR A~A . DI CRANE IACO~ CLERK ,....... Town Council Minutes #1201 October 4, 2000 Page 7 -