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HomeMy WebLinkAboutTC Min 2000-06-07 - TOWN COUNCIL MINUTES CALL TO ORDER Mayor Gram called the regular meeting of the Tiburon Town Council to order at 7:45 p.m. on Wednesday, June 7, 2000, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. L INTERVIEWS At 7: 15 p.m., Council interviewed Richard Schotte, P.O. Box 1027, for a position on the Tiburon Planning Commission. A. 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 StranzI, Superintendent of Public Works Iacopi, Chief of Police Herley, Town Clerk Crane Iacopi -- B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any) Mayor Gram said no action was taken in closed session. C. PUBLIC OUESTIONS AND COMMENTS August Strotz, Centro East Street, 34-year resident ofTiburon, said he had attended a Design Review Board meeting wherein PG&E asked for retroactive approval of the installation of new telephone poles, wiring and equipment. He said that it angered him that PG&E said, "they had a right to do it," and he urged Council to form a task force to study and find ways to underground the unsightly utility poles and lines. Strotz said he had advocated the undergrounding of utilities 20 years ago and was told by PG&E that the PUC had denied a [4 cent] rate application and therefore could not do it. Mr. Strotz also complained of the recent work performed in Tiburon by AT&T and said that in some instances, rolls of cable wire still hung down from poles. He said it was disgraceful, particularly since there was already underground conduit from San Rafael Avenue to downtown. Joan Jacopi, 6 East Terrace, said the sound that emanated from Blackie's Pasture for the events held there on the previous Friday and Saturday nights could be heard over a mile away. She said she felt like she had attended the events unwillingly because of the loud music. Jim Mallot, Tiburon resident and architect, questioned the efficacy of removing the 30-year-old foliage along the Tiburon Boulevard multi-use path between San Rafael Avenue and Reed School ,,"", for the Belvedere Drainage Diversion project. He said his review of the landscape plans showed Town Council Minutes #1192 June 7, 2000 Page 1 "" only 48 five-gallon myoprum, which would not come close to providing the screening of the previous foliage. Mallot said he could find no one at Town Hall who would assume responsibility for this decision so he assumed the Council had approved the encroachment permit and conditions. Mr. Mallot said the project commenced without benefit of Design Review Board or citizen approval, and that if it were a private project, the applicant would have been held to a much higher standard. He estimated that it would probably cost close to a million dollars to replace the foliage, install irrigation, etc. if it were a private contract. -- He asked Council to agendize a review of the landscape plan for the project, as well as a discussion of under grounding the 50-foot utility poles now exposed by the "denuding. " D. COUNCIL. COMMISSION & COMMITTEE REPORTS CounciImember Bach, Telecommunications Agency Council representative, said the [AT&T] wiring project previously mentioned should be complete by June 25, 2000. Mayor Gram, Congestion Management Agency Council representative, said the proposed transportation sales tax on the November 2000 ballot had been tabled at the request of the Marin County Board of Supervisors. Gram said the planning process for this matter would continue. Councilmember Matthews said Blue & Gold Fleet had commenced a late night Saturday ferry service between Tiburon and San Francisco and urged everyone to use it. E. 1) CONSENT CALENDAR 1864 CENTRO WEST - Modification of Design Review Approval & Request for Variance for as-built Deck and Retaining Walls - AP #59-061-37 - (David & Diane Williams, Applicant) - (Adopt Resolution) TOWN COUNCIL MINUTES - #1190 - May 3, 2000 - (Adopt) AMICUS REQUEST - Friends of Sierra Madre, et aI. v. City of Sierra Madre, et aI., - (Cal. Supreme Court No. S085088) - (Approve) TOWN MONTHLY INVESTMENT SUMMARY - As of April 30, 2000 - (Accept) PT. TffiURON COMMUNITY FACILITIES DISTRICT 1985-1- Special Tax Levy FY 2000~2001 - (Adopt Resolution) GANN LIMIT (Article XIII B Appropriation Limit) - FY 2000-2001 - (Adopt Resolution) 141 & 151 TAYLOR ROAD - Parcel Map for 2-lot Subdivision; Doug & Britt Engel, Owners; AP #38-071-14 & 19 - (Adopt Resolution) CHANDLER'S GATE - (Formerly "Ned's Way Garden Homes") - (Agreement regarding Issuance of Grading Permit to Taylor Woodrow, Inc. for Commencement of Work on Senior Housing Project at Ned's Way site located behind 1155 Tiburon Boulevard) 2) 3) 4) 5) 6) 7) 8) Mayor Gram said Item No.1, the matter pertaining to 1864 Centro West, would be considered "" later in the meeting. Town Council Minutes #1192 June 7, 2000 Page 2 -- MOTION: To approve Consent Calendar Items 2 - 8 above, with amendments to Item No.8 as discussed and adopted in the Redevelopment Agency hearing. Bach, Seconded by Thompson AYES: Unanimous Moved: Vote: F. NEW BUSINESS 9) A VENIDA MIRAFLORES MEDIAN STRIP LANDSCAPING - (Consider Request by Del Mar Valley POA for portion of Town Water Meter allocation) Finance Director Stranzl outlined the Del Mar Valley Property Owners' Association request that the Town reconnect the water meters located in the Agenda Miraflores landscape median strips, and the cost-sharing proposal whereby the HOA would pay the reconnection fees and the Town would absord the cost of the water usage. In addition, the homeowners' group offered to "hire and pay for a gardener to weed and clean out the strips at least twice a year." The group had assumed the watering and maintenance of the median strips when the Town removed the meters during the 1970's drought. Stranzl said a preliminary review of the proposal sounded feasible if the Town's current water allotment was not exceeded. He said it would cost the Town $6,000 to buy an additional water allotment from MMWD. -- Town Manger Kleinert said the homeowners' group was acting in good faith and Staff would need to provide Council with a definitive answer about whether the water was, in fact, available. He noted that Superintendent of Public Works Iacopi had made suggested the possibility of using the water allotment of [adjacent] Del Mar School, since it was his understanding that the Reed Union School District water usage was far below capacity. Councilmember Hennessy said she had suggested to the homeowners' group that if they "gave a little, [the Town would] give a little." She asked how much a 1/3 acre foot of water would cost. Superintendent Iacopi said it would depend on what tier level it was purchased from MMWD. During public hearing, Valerie Bergmann said the proposal was a cooperative venture with the Town to help solve a long-term problem and could set the standard for other cooperative problem-solving between the Town and neighborhood groups. She said that four meters would need to be installed, instead of three, because the lower median had been cut in two to add another crosswalk to Del Mar School. Mrs. Bergman said the homeowners' group felt like their area was getting "bumped" as each new Town project came on line. She asked that Staff provide them with statistics showing the Town water allocations and costs. Roy Benvenuti, Del Mar resident and Richardson Bay Sanitary District boardmember, suggested __ at looking into the possibility of using reclaimed water for the landscaping. Town CouncUMinutes #1192 June 7, 2000 Page 3 ,..... Town Manager Kleinert said the Town had and would look into this, but noted that there were strict State regulations pertaining to the use of reclaimed water. Joan Wilson, Del Mar Valley HOA President, asked if the median strips were considered when the Town received its water allocation. She asked Council to consider the request and noted that newer homeowners in the area were not as willing to provide the manpower and volunteer maintenance of the strips. She said the landscaping was an enhancement to the Town. Council continued the item until July, pending further study. G. PUBLIC HEARING 10) 36 SOUTHRIDGE WEST - Appeal of Conditions of Approval of Design Review Board Decision Regarding after-the-fact Construction of a Deck and exterior alterations to an existing single-family dwelling and Application for a Variance Request - (Lalita Waterman, Appellant) - AP #34-311-11 Vice Mayor Thompson recused himself -- In her report, Associate Planner Theriault said the Applicant and Appellant, Mrs. Waterman, was requesting approval for legalization of house additions and a portion of an elevated deck that had been misrepresented as not requiring a variance when approved by the Design Review Board in 1998. According to Theriault, due to the inaccuracy of the information on the application, a building permit was issued. In the most recent review by the Board on April 6, 2000, several existing modifications to the residence at 36 Southridge West were approved. However, Theriault said the request for a variance for additional lot coverage was limited to several room additions, and the Applicant was directed by the Board to remove all portions of an as-built deck more than three feet above grade (the portion of the deck that is calculated as lot coverage according to the Town's Zoning Ordinance). Theriault said the Board's reason for denying the variance were incompatibility of character within the neighborhood, and that approval of the as-built deck would be inconsistent with the Town's Hillside Guidelines. Councilember Matthews asked about the size ofthe existing deck and CounciImember Bach asked whether that included the portion not shown by the architect in the approved plans. CounciImember Hennessy asked what percentage [the 200 square feet] exceeded the allowable lot coverage. Associate Planner Theriault said it would be approximately one percent. In response to another question from Councilmember Hennessy, Theriault also noted that the deck replaced an existing at-grade patio. ~ Town CouncUMinutes #1192 June 7, 2000 Page 4 ,.-- - Mayor Gram asked if all the modifications to the house remodel have been approved except for the deck. Ms. Theriault replied affirmatively. Mayor Gram opened the public hearing. Neil Sorensen, attorney for the Appellants, noted that he had previously submitted two letters for the record. He also said he would hand out two letters to the Council tonight, including one from the "post-polio support group." Mr. Sorensen said the applicants sought a 1.1% variance increase to lot coverage. He said the original deck plans had been approved in 1998, but the June 1999 application had been withdrawn and work on the deck was not completed due to the Town's stop work order. Mr. Sorensen said the deck had been represented to the Board as above grade. He also said that the fault lay with the Watermans' architect and that they were innocent. - Mr. Sorensen reviewed the four findings required by law for a variance and said the Waterman's application met all four findings: 1) Special circumstances relative to the property - it was the only lot in the neighborhood with a narrow panhandle frontage; 2) Special privilege - many other properties in the neighborhood had been granted variances for similar deck construction; 3) Hardship - would be created if the deck was not built; 4) Detriment - none in this case, since the views toward the downhiIl neighbors are largely obscured by vegetation and landscaping could also be added to the deck. (Sorensen noted he had brought a landscape bid with him to the meeting.) Furthermore, according to Sorensen, a variance was needed to comply with the Americans with Disabilities Act and the [as-built] deck was a "reasonable accommodation" of Mrs. Waterman's condition. Mayor Gram asked Mr. Sorensen that if the six inches were removed from one side of the deck and 13" from the other, would it result in a problem for Mrs. Waterman. Attorney Sorensen said he was unable to answer the question. Mrs. Waterman said their first design included a ramp to the existing patio. However, it would have taken up too much of the patio and the addition of railings would have caused "a visual blight." Therefore, she said the deck was a better solution and a reasonable accommodation. However, Mrs. Waterman said their architect had made a mistake on the plans when it first went through the process. Richard Skaff, speaking as a friend ofthe Appellant, asked Council to rule in favor of Mrs. Waterman's deck. He said the ADA looked at all public agency programs, including zoning. He ,,-. Town Council Minutes #1192 June 7, 2000 Page 5 -- cited a United States Court of Appeals case on the subject and stated that he did not think the what the Appellants were requesting fundamentally changed the Town's zoning ordinance. Mayor Gram noted that Mr. Skaffhad acted as a consultant to the Town in the recent Connally v. Main Street Businesses et al. lawsuit. Skaff noted that he was not acting in that capacity at this hearing. Councilmember Hennessy asked about the width required for wheelchair access [on the existing deck], and whether it would be maintained ifa corner of the deck was removed. Mr. Skaff said there were certain square footage requirements for exercise and noted a letter from Mrs. Waterman's physician, Dr. Pappas, but he could not answer the second portion of Councilmember Hennessy's question. During the public comment period, Jack Marshall, 20 Southridge East, said the Waterman's deck was out of character with the neighborhood and "dominates the hillside." Mrs. Marshall said it was fallacious to get "hung up with numbers and percentages" because [even] "a wire can obscure a view." She also said the deck looked directly into their living and dining areas. Andrew Thompson, 18 Southridge East, speaking as a resident of the neighborhood, said the r' neighbors just wanted their fair chance to comment on the design of the deck since it was not in the notice of the original hearing before the Design Review Board. Thompson also asked whether the deck met the Town's guidelines for approval. He contradicted the four findings needed for a variance as presented by Attorney Sorensen: I) Special circumstances - Thompson said the Waterman's lot was one of the larger lots in the area and although steep, it did not constitute a special circumstance. 2) Special privilege - Thompson agreed that there had been a lot of variances granted in the Reedlands. 3) Unnecessary hardship - Thompson said the extra deck space would not constitute an undue hardship. 4) Detriment - Thompson said the cantilevered construction and bulk and mass of the deck was injurious to the other properties in the neighborhood, as well as the view of the ridge. He suggested making the deck a curving design to go with the contours of the hillside. In response to a question from Mayor Gram, Mr. Thompson said the neighbors did not seek more landscaping to be "built up" to cover the deck. John Silcox, 14 Southridge East, resident since 1971, said the deck looked into his yard and hot tub area and impinged upon his privacy. He said he had had polio in college and that the use of his hot tub was part of his therapy. He said he did not receive notice of the proposed changes to the Waterman residence and now "the windows look right down at us." -- Town Council Minutes #1192 June 7, 2000 Page 6 r- Maxine Pappadipas, 46 Southridge West, asked that Council look at the impact on the deck on the view of her neighbors, the Devinny's. Susan Lincoln, 10 Southridge East, said her property was overlooked by the Waterman's deck and house, and encouraged Council to uphold the Design Review Board's 4-1 decision. Wayne Snow, Design Review Board member, said the Board reviewed the plans based on the design and character of the neighborhood and noted that neither the Americans with Disabilities Act nor specific doctor's recommendations had ever been raised during the hearing. During Appellant's rebuttal, Attorney Sorensen said that a large amount ofIandscaping pre- existed the construction and would be replaced which would provide a softening effect to the deck. He also said that Council should look beyond the Town's Zoning and Hillside Guidelines because the appeal was an ADA issue, and the deck was a "reasonable accommodation" which did not alter any zoning ordinance requirements. Councilmembers Bach and Hennessy asked Mrs. Waterman what kind of railing existing on the [previous] patio. Mrs. Waterman said there had been a brick wall, which was somewhat higher than [the Council] desk. -- Mayor Gram closed the public hearing. In response to a question from Councilmember Matthews, Town Attorney Sharp said that Mr. Skaff had accurately stated that 9th Circuit Court of Appeals ruling which requires a public agency to "make reasonable modification to its programs," but noted that Staff did not believe that the current deck construction or location was the only reasonable accommodation available to the applicants, and therefore the record could not support it as such. Councilmember Hennessy wondered whether there would have been any controversy at all if the application (plans) had been correct. Hennessy said she had spoken to former Town Planner Irene Borba, and asked that their conversation be entered into the record. "I didn't talk to her directly but I left her a message specifically asking whether Mr. Waterman had been in contact with her the couple of years prior to purchasing this house, an4 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 Town Council Minutes #1192 June 7, 2000 Page 7 -, 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 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. . . ". -- CounciImember Hennessy said she had visited the DeVinney property, which was not visible from the deck. She also told Mr. Silcox that there was "no way to see your hot tub" from the deck. Hennessy noted that there was no established right in the Town's zoning requirements for "an uphill view." She also said she found the lack of communication in the neighborhood to be "disturbing" and called for compassion. However, Councilmember Hennessy noted that she would entertain the notion of modifications to the plans. Councilmember Bach said some of the decks in the neighborhood had been built before the adoption of the Town's Hillside Guidelines. He said he would have to rely on the physician's opinion as to "reasonable accommodation" for the design of the deck, but suggested that if the corner were removed to create a 45-degree angle, it would "make a tremendous difference to the neighbors. " Mayor Gram concurred with Councilmember Bach's proposed modification to the deck. He said it would leave the "full deck" intact. Councilmember Matthews concurred with Bach and Gram. He also noted that he thought he could see the corner of the deck from the DeVinney's home, but said it was "insignificant" in relation to the rest of their view. Matthews said the Design Review Board "got it right" with their 5-0 vote which he found hard to overturn. He said he and the other Councilmembers had spent a lot oftime visiting the site and r" proposed cutting the corner of the deck or making it round and adding landscape. He urged his Town Council Minutes #1192 June 7, 2000 Page 8 ,... fellow Councilmembers to uphold the DRB decision subject to the modification of the deck and the addition ofIandscaping. Mayor Gram said he concurred with this conclusion and asked Mrs. Waterman whether she would agree to the change in concept. A discussion ensued wherein Council and Mrs. Waterman talked about the removal of approximately eight feet of deck and the location of the removal. She said she was worried about maneuvering but agreed to the change "in principle" ifher doctor agreed. Mayor Gram asked that as much of the corner be removed as possible, but noted that Mrs. Waterman should be able to turn the corner without hitting her hands. Councilmember Bach said the corner could be either cut or rounded. Mrs. Waterman asked if her building permit would be extended with a waiver of new fees. Council agreed and directed Mrs. Waterman to return with an architect's drawing on July 19 for approval. Councilmember Hennessy suggested the erection of [small] story poles for the neighbors' benefit. MOTION: To continue the hearing of the Design Review Board appeal pending the submission of an architect's drawing marking the side of the deck and removal of approximately eight feet on either side; and to extend the Waterman's Building Permit with a waiver offees. Matthews, seconded by Bach AYES: Unanimous ABSTAIN: Thompson -- Moved: Vote: E. CONSENT CALENDAR 1) 1864 Centro West - Modification of Design Review Approval & Request for Variance for as-built Deck and Retaining Walls - AP #59-061-37 - (David & Diane Williams, Applicants) - (Adopt Resolution) . Mr. Williams said he had two letters to submit to Council. One was from neighbor Mike Eagan who said he preferred that the as-built deck be left as it was, and the second was from a downhill neighbor. During public hearing, David Slate asked if Council planned to make any changes pertaining to the retaining wall issue. Mayor Gram answered in the negative. Mayor Gram closed the public hearing. Planning Director Anderson said the resolution before Council had been drawn up to reflect a denial without prejudice of the deck which would then have to be reapplied for by the Williams with a waiver offees and approved by Staff as-built. He noted that reconsideration ofthe matter by Council would have meant the matter needed to be reagendized for yet another hearing. ~-. Town Council Minutes #1192 June 7, 2000 Page 9 r- MOTION: Moved: Vote: To adopt Resolution as presented. Hennessy, seconded by Gram AYES: Unanimous G. PUBLIC HEARING 11) DOWNTOWN AREA STREET PARKING REGULATIONS - Amend Chapter 23 of Town Code to Allow Implementation of Regulations pertaining to certain new and existing Downtown Parking, Loading & Unloading Zones, Curb Colors and Signage associated with the Main Street Reconstruction Project - (Urgency Ordinance) Council noted that the ordinance as an urgency measure on May 17, 2000 meeting, and this was an additional hearing and second reading. Mayor Gram opened the public hearing. There was no public comment. MOTION: Moved: Vote: To read ordinance by title only. Hennessy, Seconded by Bach AYES: Unanimous Mayor Gram read, "An Urgency Ordinance of the Town Council of the Town ofTiburon Amending Provisions of Chapter 23 of the Tiburon Municipal Code Regulating Motor Vehicles and Traffic." ,-. MOTION: Moved: Vote: To adopt above Ordinance amending Chapter 23 of the Town Code. Hennessy, Seconded by Bach AYES: Bach, Gram, Hennessy, Matthews, Thompson NOES: None ABSENT: None Acting Chief of Police Lt. Aiello proposed that Council allow the Police Department to suspend the warning period on issuing citations to violators of the above ordinance. He said they had planned to give a grace period until after the Fourth of July holiday, but the number of violations of the red, white and yellow zones was so high that the police were "fighting an uphill battle." Council concurred and shortened the grace period to June 15,2000. 12) FY 2000 - 2002 PRELIMINARY TWO-YEAR TOWN BUDGET - (Introduction & Overview) Town Manager Kleinert gave a brief introduction and overview of the two-year budget. It became clear that there was not a quorum for the scheduled adjourned budget hearing on June 13, 2000. -- Item continued to June 21. Town Council Minutes # 1192 June 7, 2000 Page 10 ,..... ,-- "'-. H. STAFF & TOWN MANAGER REPORTS None. L ADJOURNMENT There being no further business before the Town Coun il of the Town of Tiburon, Mayor Gram adjourned the meeting at 10:25 p.m., sine die. Town Council Minutes # 1192 M GRAM, MA OR June 7, 2000 Page 11