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HomeMy WebLinkAboutTC Min 2000-07-05 ,. '"" TOWN COUNCIL MINUTES CALL TO ORDER Mayor Gram called the regular meeting of the Tiburon Town Council to order at 7:35 p.m. on Wednesday, July 5, 2000, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Bach, Gram, Hennessy, Matthews, Thompson PRESENT: EX OFFICIO: Town Manager Kleinert, Planning Director Anderson, Senior Planner Watrous, Finance- Director Stranzl, Superintendent of Public Works Iacopi, Acting Chief of Police Lt. Aiello, Town Clerk Crane Iacopi B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any) Mayor Gram said Council reviewed resumes of potential Town Manager candidates, but no action was taken in closed session. - C. PUBLIC OUESTIONS AND COMMENTS Elizabeth Bumbesti, 2 Lyford Drive, asked Council to consider a ban on truck parking and loading/unloading in the Ca\ffrans Highway 131 right-of-way located adjacent to her home. Barbara Meislin urged Council's continuing support of the undergrounding of utility poles. She said a "negative could be turned into a positive" if the poles were undergrounded along the multi- use path (where the foliage had been removed for the Belvedere Drainage Diversion project). D. COUNCIL. COMMISSION & COMMITTEE REPORTS 1) PRESENTATION OF 5TIl ANNUAL HERITAGE PRESERVATION AWARD- (Larry Smith, Recipient) - (Donna Kline, Chair - Heritage & Arts Commission) Kline presented the award to Larry Smith for his successful efforts to save and preserve Blackie's Pasture. She also credited fellow commissioner Victoria Arnett for creating the award. In his acceptance speech, Larry said he was proud to have turned "a mudhole or dust bowl into something we can be proud of" at no cost to the taxpayers. Smith acknowledged members of Town Staff who had been instrumental in the process: Dave Davenport, Tony Iacopi, Stan Bala and Sia Barmand. He also acknowledged members of "Blackie's Brigade": Bruce Abbott, Mogens Bach, Jim Mitchell, Richard Hill, John Kern, AI Kuhn, Joanne Ferro, Way Snow, Gary Spratling, Andrew Thompson, and Bruce Ross. ,.--. Town Council Minutes #1194 July 5, 2000 Page 1 For the gardens adjacent to the pasture, Smith credited Mirella Abo, Hazel Carter, Harvey '"" Rogers, and a grant from the children of Ruth Leese. Members and former members of the Tiburon Peninsula Foundation were acknowledged--John Hoffinire, Barbara Matthews, George Gnoss, Amo Rayner, Paul Peterzell, Steve Sears, and Petey Stein--a1ong with members of Smith's family who were present in the audience. Finally, Smith acknowledged artist Albert Guibarra, the creator ofBlackie's Statue. 2) PUBLIC UTILITIES COMMISSION - PUC Hearings (Rule 20A Rulemaking) - (Vice Mayor Thompson) Vice Mayor Thompson gave some background concerning the hearings on the proposed rule changes mandated by the State Legislature. He said the changes would be submitted to the Legislature in the Fall. He noted that the Town of Tiburon, along with the cities of Oakland and Berkeley, had taken the lead in advocating the expansion of the Rule 20A funding and projects during these hearings. E. CONSENT CALENDAR 3) TOWN COUNCIL MINUTES - June 7, 2000 - (Adopt) 4) TOWN MONTHLY INVESTMENT SUMMARY - As of May 31, 2000 - (Accept) 5) CYPRESS HOLLOW LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT - FY 2000-2001 Assessment - (Adopt Resolution) 6) UPPER STEW ART DRIVE UTILITY UNDERGROUNDING ASSESSMENT DISTRICT - Updated Resolution ofIntention to Conduct Proceedings in Accordance with Federal Tax Regulations - (Adopt) -- Councilmember Hennessy asked that a statement she made during the June 7,2000 Town Council meeting be added, verbatim, to the Minutes. Town Clerk Crane Iacopi read into the record: "One of the things I did was contact Irene Borba, who had been the Associate Planner here at the Town for many years. I didn't talk to her directly but I left her with a message specifically asking her whether Mr. Waterman had been in contact with her the couple of years prior to purchasing this house, and what was her remembrance of her conversation with him. And I took this verbatim off the tape, my voice mail. She stated: 'Mr. Waterman came into the Planning Department in Tiburon to check on his property to check what he could do with them. I do recall going out to his property. He showed me around his property. He showed me the plans. He showed me what he was going to do. I remember the entryway. I do remember the deck going to be there. As far as the calculations go, I think it was just something the architect overlooked, unfortunately, and also probably as far as Planning Staff is concerned, they did not notice, it wasn't shown on the site plan, but it was shown on the elevations. I didn't -- Town Counci/Minutes #1194 July 5, 2000 Page 2 r- end up being the project planner for it because I left on maternity leave. But I don't think it was something he tried to finagle in, and tried to get away with.' I wanted that as part of the record because, as Town Clerk for 12 years, I can tell you that very few people bother to come into the Town of Tiburon to check on property. And somebody that has been going to the Town for a couple of years to see what he could do to remodel the property isn't somebody that's going to deliberately deceive you. And I think that's something that you really have to take into consideration. . . ". MOTION: Moved: Vote: To approve Consent Calendar Items No.3 through 6, above, as amended. Hennessy, Seconded by Gram AYES: Unanimous F. APPOINTMENTS TO BOARDS. COMMISSIONS & COMMITIEES 7) LffiRARY AGENCY BOARD - (One Vacancy) MOTION: To appoint Allan Bortel to the Library Agency Board. Moved: Matthews, Seconded by Bach Vote: AYES: Unanimous 8) PLANNING COMMISSION - (One Vacancy) Council deferred appointment until after interviewing candidates at its July 19, 2000 regular meeting. -- G. UNFINISHED BUSINESS 9) FY 2000-2001 STREET OVERLAY PROGRAM - (Authorize Town Engineer to advertise for bids) Town Manager Kleinert said the Town Engineer would seek bids for the Greenwood Beach Drainage Project at the same time, and the overlay of that street would take place upon completion of that project. He said the proposed bid opening date would be August 8, with award of contract at the August 16,2000 Town Council meeting. Kleinert also noted that two streets scheduled for overlay fell within the newly formed Upper Stewart Drive Utility Undergrounding Assessment District. He asked Council's direction on whether to remove the streets from the proposed project since the funds would have to be used on or before April 28, 2001. He recommended that they be left in but the work postponed as long as possible. Council concurred. Mayor Gram asked if there were other streets on the "reserve" list. Finance Director answered affirmatively, noting that there were three in Belveron and six in the Comstock area. MOTION: To authorize the Town Engineer to proceed to go out to bid for the Spring 2000 Street Rehabilitation Program. -- Town Council Minutes #1194 July 5, 2000 Page 3 - Moved: Vote: Bach, Seconded by Hennessy AYES: Unanimous H. PUBLIC BEARING 10) 8 FRANCISCO VISTA COURT - Appeal of Design Review Board Approval of Variance for Construction ofa new Single Family Residence - (AP No. 39-111-01) _ James & Carolyn Holder, Applicants; Nancy & Ed Clock, 150 Avenida Miraflores & Famoosh & Firuze Hariri, 163 Avenida Miraflores, Appellants Senior Planner Watrous gave the Staff report. He said that on June 1, 2000, the Design Review Board had approved a Site Plan and Architectural Review with a variance for lot coverage for the construction ofa one-story, 3301 square foot, 19-112 foot high single-family dwelling at 8 Francisco Vista Court. He said that nearby property owners Famoosh & Firuze Hariri, 163 Avenida Miraflores, and Nancy & Ed Clock, 150 Avenida Miraflores, had appealed the decision. Watrous noted that boardmember Snow, the dissenting vote in the 2-1 .approval, thought the mass and bulk of the proposed hosue was too great for the site. He added, however, that the Town more closely scrutinized the mass and bulk issues with regard to uphill views rather than down. Watrous further noted that the total floor area of the proposed dwelling was less than the maximum allowed for a parcel of this size, but said the structure itself would exceed the 15% maximum lot coverage allowed in the RO-2 zone. . ,~ Watrous said the Board noted the "sensitive design, careful layout, and limited height" of the proposed house in making its approval, and concluded that the application was consistent with the Town's hillside guidelines. He also noted that the boardmembers who viewed the story poles from the Hariri's property had determined that there was no impact on the view from the ceremonial rooms. Council asked about the size of other homes in the area. Mr. Watrous said that they ranged between 1800 and 3000 square feet, and were even larger further up Avenida Miraflores. Councilmember Matthews asked whether Town Staff discussed potential issues like excess lot coverage and the need for variances with an applicant or their architect when they began the application process. Mr. Watrous answered affirmatively but said that, in this instance, the applicant was not aware of the excess lot coverage prior to submitting the plans, and therefore applied for a variance only after being informed by Staff that a variance was needed. Watrous also noted that the Board sometimes used variances as trade-offs to keep a one-story design. Mayor Gram opened the public hearing. Ed Clock, 150 A venida Miraflores, Appellant, said that in his 20 years residing in Tiburon, this was the first time he felt that it was necessary to bring an appeal to the Town Council. He said the requested 25.9% variance was 73% in excess of the 15% allowable lot coverage. He disputed r- Town Council Minutes #1194 July 5, 2000 Page 4 ,.... the Applicant's contention that the parcel was unusual in size or substandard, noting that the topography of the lot was flat while surrounding parcels were on steep hillsides. He also said the next closest variance in the area was 1.1 miles away. In short, Mr. Clock said the four findings necessary to grant a variance had not been met by the Design Review Board, and asked that Council continue to "act conservatively" by not granting this particular variance. Farnoosh Hariri, Appellant, 163 Avenida Miraflores, said the current structure at 8 Francisco Vista Court was 10-feet high and complained that the new structure would more than double that height. She said the chimney was obtrusive, and that she had a letter from an appraiser stating that the new structure would adversely affect her property value by its impact on her view. Jim Malott, architect representing the Clocks and Hariris, showed Council diagrams in which he contended that the volume of the home would more than double with the addition of the pitched tile roof, which would create, in effect, a two-story house. Mr. Malott quoted from the Town's hillside guidelines, and said that Goal 1 sought to "reduce the effective visual bulk of a structure." He said there needed to be further design review and modifications, such as the reduction of "dead space" in the ceiling, and elimination of a large skylight, which would reflect uphill to the neighbors' views. ,-. In response to a question from Mayor Gram, Malott suggested that if the dwelling had a flat roof, it would be more compatible to the neighborhood. He also said there could be a compromise in the square footage of the house, in order to reduce the bulk. Fred Devine, Applicants' architect, said he and his clients used and followed the Town's hillside guidelines in designing the structure. He said they thought about the neighbors and took the view issue, bulk and mass, and character of the neighborhood into consideration. Mr. Devine said that was the reason for the one-story design. Mr. Devine said the siting of the house was almost like the old structure, only pulled back more to reduce the view impact of the neighbors. He said the 4: 12 pitch of the roof was not unusual, and that the "tucked in" nature of the siting meant that the uphill neighbors actually looked over the house. At street level, Devine said the eyeline was level with the ridge of the roof, which was an articulated roof, not one mass. Mr. Devine said that neighboring homes had 24.8% and 32.5% lot coverage. He said their intent was "not to have too big a house in too small an area." But he also pointed out that the large streets and a "huge amount of separation" in the layout of the neighborhood. Councilmember Hennessy asked whether a two-story house would be lower than the proposed structure. Councilmember Bach said it would be 8 feet for each story plus the roof ,..... Town Council Minutes #1194 July 5, 2000 Page 5 _.____~____._________.______ __ ____ ____________~___~___.__,.___ ._._.__m____ ___m__~._~____________________~__.____ _,______________ Councilmember Matthews said ifhe knew there was a 15% lot coverage restriction, he would ,....... have instructed his architect not to exceed that. Mr. Devine commented that the project started out as a remodel, one room at a time, which would have ended up with a more obtrusive structure. He said that he and his clients looked at comparable house sizes in the neighborhood, and FAR, but did not know about the lot coverage issue. In response to a question from Vice Mayor Thompson, Devine said the three-foot chimney could be made smaller. He also responded that they did not have a reflected ceiling plan per an another inquiry from Thompson. Mrs. Carol Holder, Applicant, said she and her husband were aware of the RO-2 zoning requirements which would have allowed them to build a 30-foot, two-story structure, but-said they had chosen not to in order to be sensitive to their neighbors. Mrs. Holder listed the square footages of some other homes in the neighborhood, about half of which were larger than her proposed dwelling. She said the average size was 3714 square feet versus 3792 of space in their plans. She pointed out that the Clocks had applied for a building permit in 1983 which required two variances, which the Hariri's had appealed. She said ifher neighbors were granted a variance, why shouldn't she get one? - During public comment, George & Geraldine Harmina, 3 Francisco Vista Court, spoke in favor of granting the variance to the Holders. Mrs. Harmina said members of the Del Mar Valley Homeowners Association did not want to see a two-story house built in that area. During Appellant's rebuttal, Mr. Malott said it was "silly to build something like this that causes problems," and that the Applicants could lower the roof, reduce their cost, and reduce the volume of the house. He acknowledged that it was a design challenge to build on a comer lot, but noted that smaller homes rather than larger ones usually ended up being built as a result. Mr. Malott said his clients' goal was to get a one-story house with a reasonable height limit. Mayor Gram closed the public hearing. Councilmember Matthews continued to express concern about the excess lot coverage. Vice Mayor Thompson surmised that the height of the roof could be lowered two feet. Councilmember Hennessy said that while no one was entitled-to "a panoramic view", the 25% lot coverage was too great. Hennessy suggested a reduction in lot coverage and a two-story structure that would be no higher than the current home. .-- Town Council Minutes #1194 July 5, 2000 Page 6 Councilmember Bach acknowledged that variances were sometimes granted to reach a better _ solution overall, but said that a two-story structure would not necessarily have been better. He denied that view blockage was a real issue, and said with some "tweaking" he would go along with Staff's recommendation for approval. Mayor Gram said he was familiar with the neighborhood, and that remodeling the Holder's home could only improve the area. He said he was troubled by the size of the roof, and thought it could be brought down two or three feet. Overall, Gram said the plan was a "pretty design" and that the increased size and bulk had been handled well. He therefore said he had no problem with the question of the variance for lot coverage. Architect Fred Devine questioned Council about whether a new application would be required if they overturned the approval. Senior Planner Watrous advised Council that Staff could review a revised set of plans based on Council's comments about a lower roofline. He also noted that the Design Review Board had already addressed the chimney issue. Councilmember Bach said he did not like locking in a certain number [offeet] nor [re- ]designing someone's house. Councilmember Hennessy asked whether the DRB had addressed the skylight issue. Senior Planner Watrous said they had made the usual Town requirements concerning skylights. - MOTION: To remand the application to the Design Review Board for a "quick review" of the design, which would lower the structure by at least two feet. Thompson, Seconded by Bach AYES: Bach, Gram, Thompson NOES: Hennessy, Matthews Moved: Vote: Councilmember Matthews noted that his opposition was based on the "excessive" (26%) lot coverage. Councilmember Hennessy concurred. 11) FY2001-2002 TWO-YEAR TOWN BUDGET: A. Adopt Two-Year Budget Plan - (Resolution) B. Adopt Town Manager Salary FY 2001 - (Resolution) I. Town Manager Kleinert said this was a continuation of the June 21 hearing on the two- year budget plan. He reviewed the highlights of the general operating budget, noting that three positions were being added: 1) a Police Investigator (to be funded by COPS monies); 2) a Building Department records clerk (to be funded by plan storage fees); and 3) a Maintenance Mechanic in Public Works (who would also perform work for other local agencies for reimbursement to the Town). r- Town Council Minutes #1194 July 5, 2000 Page 7 On the latter, Town Manager Kleinert said that there had been discussion of deferring the addition r- of the Maintenance Mechanic to Year 2 of the budget until a master plan had been drawn up of the new Corporation Yard which would show where the shop building would be located, etc. He said that the Superintendent had requested an additional landscaper to be added to the budget as an immediate need. n. Town Manager Kleinert and Finance Director Stranzl talked of the need to build up the Town's depleted worker's compensation fund reserves over the two-year period. Ill. Town Manager Kleinert said that $150,000 was budgeted over the two-year period for an update to the [Housing Element of the] General Plan, and Downtown Design Guidelines. IV. Town Manager Kleinert noted that there had been a nine- percent increase in salaries over last fiscal year, but an eight- percent increase in revenue to the Town. V. With regard to revenue, Town Manager Kleinert said the Town had experienced the best fourth quarter in any fiscal year in the last 10 years, and noted that revenue was up 31% over last year. r, Council discussed the possibility of hiring Mill Valley Refuse Service to do the Town's parks garbage pick-up in lieu of Public Works. Staff noted that it would be an increase of approximately .35 cents per month to the ratepayer. Council asked that the matter be agendized for public hearing. Superintendent of Public Works Iacopi said his only concern was for his men who had to pick up leaking bags of dog waste. He said that if the Town implemented the new "pooper-scooper" bag system, it would not be an issue. Council said it would discuss the matter further, but suggested that Iacopi reformulate a work plan for his department in the event the Town chose to hire MVRS for park garbage pick-up. In describing the Capital Improvement Program, Town Manager Kleinert said that the Town's "street impact fee" resolution had generated substantial funds for street repairs, up $200,000 from last year. Council directed Finance Director Stranzl to "zero out the fund. " Kleinert noted that there were some major drainage repairs that would have to be addressed in the next two fiscal years, and that 23 street light poles were scheduled to be replaced in the downtown area. Council directed Staff to have the streetlights replaced in one year rather than doing it as a phased project. Vice Mayor Thompson directed Staff to "study the new State budget" and report on grants and sources of funding for the Town for items such as the repairs to the Multi-use Path. Town Manager Kleinert said Staff would return with a proposal for fund transfers in order to maintain the Town's reserve goal of25% of the operating budget, or $1.1 million. ,.-., Town Counci/Minutes #1194 July 5, 2000 Page 8 -. Council asked a number of questions of Staff. One discussion item centered around the number of police cars and vehicle replacement schedule. Council complimented Acting Chief of Police Lt. Aiello on his memorandum on the subject, but continued to question the need for eight (8) police vehicles. Another question centered on the $90,000 budgeted for "contractural services" within the Town Attorney's department. Finance Director noted that it was an estimate: $75,000 was reserved to cover unanticipated litigation costs, and the remainder was for services such as those provided by interim Town Attorney John Sharp. A. MOTION: Moved: Vote: To adopt (Resolution) the two-year Town Budget Plan for FY 2001-2002 Thompson, seconded by Bach AYES: Unanimous B. MOTION: To adopt the Resolution setting the Town Manager's salary at $9715 per month for FY 2001 Moved: Hennessy, Seconded by Bach Vote: AYES: Unanimous Finance Director Stranzl said that Council could also revise the budget at any time. ,,- I. STAFF & TOWN MANAGER REPORTS 12) GHILOTTI BROTHERS Request for Temporary Storage at Blackie's Pasture - (Town Manager) Town Manager Kleinert asked Superintendent of Public Works Iacopi whether he thought it was necessary for the contractor to use Blackie's Pasture for storage for the Belvedere Drainage Diversion Project. Iacopi said he did not think so. However, Town Manager Kleinert asked for Council's authorization to negotiate agreements for temporary storage for Town projects between the Town and contractors. Council concurred. 13) CAL/TRANS MEETING Re: Tiburon Boulevard - (Agenda Items) Council concurred with a list of proposed agenda items presented by the Town Manager. On another matter, Mayor Gram informed the Council of his intention to form a committee to assist with the landscaping plan for the Belvedere Drainage Diversion project. He mentioned the names of Tiburon residents Jim Mallot, Janice Gram, Diane Lynch, and Belvedere resident and master gardener, Harvey Rogers. J. COMMUNICATIONS 14) RICHARDSON BAY REGIONAL AGENCY - FY 2000 Status Report - (Memorandum from Bill Price, dated May 31, 2000) Council noted the report. ,....... Town Council Minutes #1194 July 5, 2000 Page 9 r" K. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Gram odjoomol ""m_" 10,40 p.m., "'"~ ' OM GRAM, MAYOR A~/~. DIANE CRANE IACOPI, TOWN CLERK ,-. ,-. Town Counci/Minutes #1194 July 5, 2000 Page 10