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HomeMy WebLinkAboutTC Min 2000-07-19 ,.. , ...,,.....,. ""' TOWN COUNCIL MINUTES CALL TO ORDER Mayor Gratn called the regular meeting of the Tiburon Town Council to order at 7:40 p.m. on Wednesday, July 19, 2000, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. A. INTERVIEWS Between 6:45 and 7:30 p.m., Council interviewed four residents for a vacancy on the Planning Commission: 1. Richard Collins, 660 Tiburon Boulevard 2. Wilma Marks, 747 Tiburon.Boulevard 3. Paul Tandler, 40 Red Hill Circle 4. Mike Figour, 2131 Vistazo East B. ROLL CALL PRESENT: COUNCILMEMBERS: Bach, Gram, Hennessy, Matthews, Thompson PRESENT: EX OFFICIO: Town Manager Kleinert, Interim Town Attorney Sharp, Planning Director Anderson, Associate Planner Theriault, Finance Director Stranzl, Superintendent of Public Works Iacopi, Acting Chief of Police Lt. Aiello, Town Clerk Crane Iacopi - C. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any) Mayor Gram said the Council would meet in closed session at the end of the meeting. D. PUBLIC OUESTIONS AND COMMENTS Town Manager Kleinert proposed adding an item to the agenda on an emergency basis. He said that the California Transportation Commission had told the Town that in order to gain approval of grant funding for the Waternont Area Improvements, the Town would have to adopt a Resolution showing that it had authorized additional, local matching funds. Kleinert said the CTC was meeting the next day in Lake Tahoe and the resolution, ifpassed, must be adopted tonight. Town Attorney John Sharp cited Section 54954.2 of the Brown Act as legal authority for this emergency action. The Town Council unanimously voted to add the item for consideration at the end of the agenda. On another matter, resident Gus Strotz asked for a response from Council to his previous inquiry about increasing the rate of under grounding of utilities within the Town limits. ---- Town Counci/Minutes #1195 July 19, 2000 Page 1 ,....... Councilmember Matthews asked Mr. Strotz whether he was suggesting that the Town form its own utility district. He replied that it might be a necessary step to take if other avenues were unsuccessful. Vice Mayor Thompson also informed told Mr. Strotz that he was actively working with the other Marin cities and towns to increase the rate of undergrounding of utilities during the current round of Rule 20A rulemaking hearings before Judge Carol Brown. He said that a letter in support of this concept had been sent to Judge Brown. Mayor Gram thanked Mr. Strotz for his comments but said the Council could take no action on the matter during the present meeting. E. COUNCIL. COMMISSION & COMMITTEE REPORTS Councilmember Bach, speaking as the Town's representative to the Marin Telecommunications Authority, reported that ATT Cable had been bought by Media One, and that all the representatives the Town had been working with had been fired. He commented that it was the fourth or fifth change of ownership for the [local cable] company since he had been on the Council. F. CONSENT CALENDAR 1) MAIN STREET ASSESSMENT DISTRICT & SUPPLEMENTAL WORK- Acceptance of Improvements - (Resolution) 2) 20 TANFIELD DRIVE - Denial of Sports Court Lighting, Fencing and proposed Property Line Fence - (Ron & Grace Elijah, Applicants/Appellants) - (Resolution) 3) AMICUS BRIEF REQUEST - Fair Housing Foundation of Long Beach v. City of Lakewood - Ninth Circuit Court of Appeals Case No. 00-55060 - (Approve) 4) MARIN COUNTY OFFICE OF EMERGENCY SERVICES - Renewal of three- year Contract (MOD) for Disaster Preparedness Services to the Town ofTiburon - (Authorize Execution by Town Manager) 5) FY 2001 Town Employee Salary & Benefit Program - (Adopt Resolution) ,....... Councilmember Hennessy asked that Item NO.3 be removed from the Consent Calendar. She expressed concern that joining the City of Long Beach in its lawsuit against the Fair Housing Foundation of Long Beach might somehow be a statement against fair and affordable housing, which she advocated. Town Attorney John Sharp said that although there was little detailed information contained in the Amicus brief request, it appeared that the lawsuit was for the purpose of protecting the City's right to terminate a contract with an agency that had not fulfilled its contract provisions with the City. At Councilmember Hennessy's request, Sharp offered to obtain and provide more information at the next Council meeting. ,....... Town Council Minutes #1195 July 19, 2000 Page 2 ,.--. MOTION: Moved: Vote: To approve Consent Calendar Item Nos. 1,2,4 and 5 above. Hennessy, Seconded by Matthews AYES: Unanimous G. APPOINTMENTS TO BOARDS. COMMISSIONS & COMMITTEES 6) PLANNING COMMISSION - (One Vacancy) Mayor Gram said four applicants had been interviewed for the vacancy at this meeting. Councilmember Matthews said the Town was fortunate to have so many qualified candidates. Moved: Vote: To appoint (Design Review Board Chair) Wayne Snow to the Planning Commission. Matthews, Seconded by Bach AYES: Unanimous MOTION: L PUBLIC HEARING 7) 36 SOUTHRIDGE WEST - Request by Town Council for Modification to As- Built Deck - (Continuation of June 7, 2000 Appeal Hearing of Design Review Board Decision to Town Council) - AP No. 34-311-11 - (Lalita Waterman, Applicant! Appellant) Vice Mayor Thompson recused himself ,...... Associate Planner Theriault said that at the June 7, 2000 meeting, the applicant, Mrs. Waterman, had been directed by Council to make modifications to an as-built deck and resubmit the plans that included a variance associated with excess lot coverage. Theriault said Mrs. Waterman had also erected story poles and ribbons showing the changes to the deck and had provided a landscaping [mitigation] plan. Ms. Theriault said that the Planning Department Staff would still like to have more complete data on the lot coverage at 36 Southridge west. She said the current plans showed 200 feet ofthe deck as being three feet from grade. Theriault recommended that a representative of the applicant actually do the measurements in the field so that the Town would have correct data for its records. In response to a question from Council about lot coverage data submitted, Adam Gardner, representing Dick Hunt [Hunt Hale Architects, the Waterman's architects] said he had not personally done any measurements. In response to a question from Councilmember Hennessy on the discrepancy between the original plans and current plans, Mr. Gardner said [the current plans showed] the previously existing deck being built to meet the new as-built deck. ,.--. Town Council Minutes #1195 July 19, 2000 Page 3 ,....... Mayor Gram asked ifa particular current set of plans was correct. Mr. Gardner answered affirmatively. Councilmember Hennessy asked if he would measure the deck and distance from grade. He said he would do so. Associate Planner Theriault confirmed that the revised (current) plans showed the correct length of the deck. Neil Sorensen, attorney representing the Watermans, said his clients had followed Council's suggestion and planned to cut off "just under eight feet" ofthe deck. He said their structural engineer had said the comer could not be cut from "post to post" as recommended by Council due to a denigration of structural integrity. Nevertheless, according to Sorensen, there were still sufficient findings for a variance in this case. Mayor Gram opened the public hearing. Andrew Thompson, 18 Southridge West, said the matter should be continued because the applicants still had not submitted the data showing the correct height of the deck [from grade]. He also said that some of the neighbors could not be present who had wanted to comment because no notice of [the current] hearing had been sent out. ,...... Mr. Thompson said he appreciated the story poles, but that what people in the neighborhood were still upset about is what the Staff was concerned about, that is, the deck not conforming to the [Town's] three-foot rule, and continued misrepresentations by the applicant. Thompson further stated that "snipping the comer" of the deck did not make that much difference, and continued misrepresentations, whether intentional or not, continued to frustrate some people in the neighborhood. Attorney Sorensen responded that he had been unaware of any errors in the plans up until now, but that there was no change to the [current] area over three feet. He said the applicant was only cutting off a comer to the deck and that the other data on the plans was not changed. However, he suggested that the Council could require figures [specific data] in its final approval. Mr. Sorensen said his clients had already presented their case and that it was not important whether or not the deck was taken back to the three-foot line because of the findings presented, as well as the finding for a variance under the Americans with Disabilities Act (ADA). Mayor Gram closed the public hearing. Mayor Gram said the Town wanted to receive the numbers [specific data] within the next few days. ,...... Town Council Minutes #1195 July 19, 2000 Page 4 ~~--~--_.__..._- - - - Councilmember Bach said the Council's concern was [removal of] the comer of the deck and that he "was not happy" with the way the applicant proposed to cut off the comer in the current plans. He questioned whether a structural problem really existed. Bach said he had specifically requested a 45-degree cut from post to post. He said the 45-degree angle would closely follow the contours of the hillside and would lessen the view impacts from neighboring properties. Councilmember Bach said the Council had "lived with the other part of the deck" but that he would not accept the current proposal. He also said he appreciated receiving up to date drawings but that he noticed a skylight that was not there before and that he would not approve that either. Councilmember Matthews said his opinion was close to Bach's but that he was not quite as troubled by the [cut of the] deck because the proposed landscaping would help to camouflage it. Matthews asked how far off the cut was. Councilmember Hennessy said it was supposed to be from "post to post." Councilmember Bach said that the comer was what was in the view angle of the other homes and that it was important to remove it. He said it would take years before the shrubbery would get to the deck railing height. Council discussed the size of the shrubs. Mrs. Waterman's letter stated they would be 25-gallon size. Council questioned whether they were 25 or i5-gallon containers. The applicant said they ,-- would be 15-gallon size. Mayor Gram said he agreed with Councilmember Bach that the deck must be pulled back more than was shown on the proposed plans. Mrs. Waterman replied that she had done what her structural engineer recommended but that she would be willing to do what Council asked. However, she said it would require cutting off part of a structural beam. She said she had submitted a letter to Staff, dated July 5, that addressed this Issue. Mayor Gram directed Mrs. Waterman to take that action and return to a continued hearing so that Council could have time to look at the plans again. He said the Council wanted to make sure the changes were satisfactory and that a new post (story pole) should be erected. Mrs. Waterman said the post could be erected the following day, but she asked for a continuance until September in order to take care offamily business out of town in August. Council agreed to a continuance to September 6, 2000. 8) 223 DIVlSO STREET - 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)- - Town Counci/Minutes #1195 July 19, 2000 Page 5 _ (Notice of Continuance) Council noted the request for continuance to August 16, 2000. 9) 376 GREEENWOOD BEACH ROAD - Town-initiated Proposal to Designate the Lyford House as a Local Historical Landmark - AP No. 55-011-34 - (National Audubon Society, Owner) A) Resolution Designating Local Historic Landmark - (Adopt) B) Resolution in Support of Inclusion on the National Register of Historic Places - (Adopt) Planning Director Anderson said that both the Planning Commission and Heritage & Arts Commission recommended designation of the Lyford House as a Local Historical Landmark. He said the second part of the report was to show the Town's support for this landmark's inclusion in the National Register of Historic Places. Mayor Gram opened and closed the public hearing. There was no public comment. MOTION: Moved: Vote: To Adopt Resolution Designating the Lyford House as a Local Historic Landmark. Hennessy, Seconded by Bach AYES: Unanimous MOTION: To adopt Resolution in support of Inclusion of the Lyford House on the National Register of Historic Places. Hennessy, Seconded by Bach AYES: Unanimous ,- Moved: Vote: Il. UNFINISIlED BUSINESS 10) A VENIDA MIRAFLORES MEDIAN STRIP LANDSCAPING - (Request by Del Mar Valley Property Owners' Association for Portion of Town Water Allocation) Finance Director Stranzl gave the Staff Report. He presented two options for Council consideration in order to accommodate the request of the Del Mar Valley homeowners to reconnect the Town water meters in the Avenida Miraflores median strips for landscape maintenance. Stranzl said the first option would be for the Town to allocate a portion (approximately a third of an acre foot) of its water allocation to the median strips; the second would be for the Town to request a portion of the Reed Union School District's water allocation at the Town's cost. Stranzl said the latter might be preferable in that an existing back flow valve was located on the school property directly adjacent to the median strips. ,-.. Superintendent of Public Works Iacopi confirmed this fact, noting that he used to work for the Reed Union School District. He said he though there was an adequate supply of water at that location. Town Counci/Minutes #1195 July 19, 2000 Page 6 ~ ,....... Iacopi said it would cost the Town substantially more money to install its own back flow system and file for an approved landscape plan from MMWD. Councilmember Hennessy asked who would maintain he landscaping once the water was reconnected. Town Manager Kleinert said he thought that a drip irrigation system would be installed. Town Manager Kleinert said that he had had preliminary discussions with the School District's Business Manager, Jeri Johnson, which were positive. However, he said that the District wanted to check their current water allocations before recommending approval of the request. He recommended exploring this option. Councilmember Thompson said "full speed ahead" to the proposal to enter into a cost-sharing arrangement with the School DIstrict. Mayor Gram opened the public hearing. Valerie Bergmann, Del Mar Valley homeowner, said there were bits and pieces of information in the Staff report that were "conspicuously absent," such as the answer to her question about how the Town was using its current water resources. She made reference to a June 12 letter she had submitted to the Town. ,....... Mayor Gram asked how that information would affect the Council's decision. Ms. Bergmann replied that she thought the Town was shifting a Town responsibility on to the School District and that she had already determined that it was illegal for the School District to sell water to the Town. Mayor Gram asked Town Attorney Sharp to look into the aforementioned legal issue. Ms. Bergmann also questioned what would happen if the School District decided to take back the proposed water allocation. She said the homeowner's group was "not going to come back" to the Council and that they did not want to get "whip-sawed around." Finally, Ms. Bergmann passed out a document she said she had received from MMWD, which showed the different Town water meter locations and usage. Finance Director Stranzl said he also had the document in his possession and had summarized the information about the Town's total water allocation in his report. Mayor Gram suggested that Ms. Bergmann put in writing what she thought was missing from the Town's report. ,....... Priscilla Tripp, former Del Mar Valley resident, said common sense told her that since the median strips belonged to the Town, they were also the Town's responsibility. She suggested the use of a water truck as a third option. Town Council Minutes # 1195 July 19, 2000 Page 7 ,....... Ted Wray, Del Mar Valley resident, said they had already looked into that suggestion and had determined that the cost was prohibitive. Superintendent of Public Works Iacopi said he was sympathetic to the Del Mar Valley homeowner's concerns. He recalled that a former resident, Mirella Abbo, had made a deal with the previous Superintendent (Lou Brunini) that the homeowners would take over the maintenance of the median strips from Public Works in exchange for being able to plant what they wanted there. Iacopi commended them for a beautiful job. Mayor Gram said the homeowners had already agreed to maintain the strips if the Town would reconnect the meters and provide water. Item continued to August 2,2000. 11) PROPOSITION 12 - Safe Neighborhood Parks Act - (Status of Funding) Town Manager Kleinert reported that no criteria had yet been established by the State for Proposition 12 funding. Council noted the item and thanked Staff for "staying on top" of the funding status. J. STAFF & TOWN MANAGER REPORTS 12) LEAF BLOWERS - (Oral Report by Town Manager) ,...... Town Manager Kleinert said he had recent several recent inquiries pertaining to the banning of gas-powered leaf blowers by the Town. He noted that the Council had adopted an ordinance in 1995, which limited the use of such blowers to the hours of8:00 a.m. to 4:00 p.m., Monday through Friday. Kleinert recommended no change to the ordinance at the present time. Council concurred. Council also directed the Town Clerk to put information about common Town ordinances that affected everyday life, such as construction hours, leaf blowers, and animal control, in the next Town Newsletter. K. COMMUNICATIONS None. EMERGENCY ITEM The Town Council considered the resolution to be sent to the California Transportation Commission. After two minor modifications, they took the following action: MOTION: To adopt Resolution Assuring Compliance with the Conditions and Requirements associated with the allocation of Proposition 116 Funds for Tiburon's Ferry dock Access and Safety Improvements Project. ,....... Town Council Minutes #1195 July 19, 2000 Page 8 ~ - 1'""'. ",...... Moved: Vote: Thompson, Seconded by Bach AYES: Unanimous L. ADJOURNMENT There being no further business before the Town Council of the Town ofTiburon, Mayor Gram adjourned the meeting at 9:00 p.m., to closed se Ion. TOM GRAM, MAYOR ATTEST: ~LUa' DIANE CRANE IACOPI, TO~CLERK Town Council Minutes #1195 July 19, 2000 Page 9