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HomeMy WebLinkAboutTC Min 2000-03-15 r-- TOWN COUNCIL MINUTES CALL TO ORDER Mayor Gram called the regular meeting of the Tiburon Town Council to order at 7:34 p.m. on Wednesday, March 15, 2000, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. . A. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Bach, Gram, Hennessy, Thompson Matthews PRESENT: EX OFFICIO: Town Manager Kleinert, Town Attorney Danforth, Planning Director Anderson, Senior Planner Watrous, Superintendent of Public Works Iacopi, Chief of Police Herley, Town Clerk Crane Iacopi B. ANNOUNCEMENT OF CLOSED SESSION ACTION ar any) Mayor Gram said no action was taken in closed session. -- C. PUBLIC OUESTIONS AND COMMENTS D. COUNCIL. COMMISSION & COMMITTEE REPORTS None. E. RECOGNmON FOR COMMUNITY SERVICE 1) Prudential Spirit a/Community Award Recipient Eleanor Sherman ofTiburon - (Mayor Gram) Mayor Gram presented Eleanor Sherman with a Certificate of Recognition for her work at Redwood High School in raising awareness about eating disorders. He said his family knew several other families who had been affected by this problem and that it was an important issue. Mayor Gram also said that Ms. Sherman was one of two California students chosen to Washington, D.C. to meet and compete with other students from around the country for this prestigious award. F. CONSENT CALENDAR 2) TOWN COUNCIL MINUTES - No. 1178 - December 1, 1999; Nos. 1884 & 1885- February 16 & 22, 2000 - (Adopt) 3) MARIN COUNTY CONGESTION MANAGEMENT AGENCY'S APPROVED TmURON TRANSPORTATION PROJECT - PARADISE DRIVE - (Town's Commitment of 11.5% Local Matching Funds for the Project - (Resolution) -- Town Council Minutes #1187 March 15, 2000 Page 1 r"' 4) AMICUS BRIEF REQUESTS - a) Apartment Association of Los Angeles County v. City of Los Angeles, Supreme Court Docket Number S082645; b) Swenson v. County of Los Angeles, 1999 Daily Journal D.A.R. 10737 - (Approve) 5) COMPULSORY & BINDING ARBITRATION - League of California Cities Recommendation in Opposition to SB 402 - (Adopt Resolution) 6) MARIN EARTH DAY 2000 - Town of Tiburon Proclamation - (Adopt Resolution) Mayor Gram amended the February 16, 2000 minutes, page 5, to add the following language to Item NO.4 of the Motion: "It will not be used as a second unit or additional bedroom." MOTION: Moved: Vote: To approve Consent Calendar Item Nos. 2 through 6, as amended above. Bach, Seconded by Hennessy AYES: Unanimous ABSENT: Matthews G. APPOINTMENTS TO BOARDS. COMMISSIONS & COMMITTEES 7) AD HOC COMMITTEE TO EXPAND TffiURON-SAN FRANCISO FERRY SERVICE - (Appoint Members) r- Town Manager Kleinert stated the Council had previously endorsed the formation of the committee and that the current proposal was to start out with three members and add more, as needed. MOTION: To appoint Alan Littman, Ann Kasanin and Harry Matthews to the ad hoc committee to study the expansion of Tiburon-San Francisco Ferry Service. Bach, Seconded by Hennessy AYES: Unanimous ABSENT: Matthews Moved: Vote: H. UNFINISHED BUSINESS Council moved to hear Item No.9 first. 9) DOWNTOWN WATERFRONT AREA - ENCHANCE FERRY ACCESS & SAFETY IMPROVEMENTS - (Review ofLSA's Recommendations for Grant Application to CTC) Dave Johnson, LSA consultant assigned to the project, reviewed the set of drawings included in the packet, along with cost estimates submitted by Deputy Town Engineer Hugunin. Council discussed the fact that the estimate costs were greater than the amount of the [$71 0, 000] grant funding, and proposed that Mr. Johnson prioritize the improvements accordingly. - The consensus of Council was to emphasize the improvements to the ferry plaza and ferry arcades, which would consist of a new brick plaza, new concrete seatwalls, new turf, new signage Town Council Minutes 111187 March 15, 2000 Page 2 ,...... and schedules, lighting, trash containers and benches, and a new deck linking the Blue & Gold and Angel Island ferry embarkation areas. A lOOO-square foot canopy leading to the Blue & Gold dock was removed from the list. In addition, improvements would be made to the "fountain" plaza with new signage and schedules, new trash containers and benches, tree thinning and replacement, and the addition of new pedestrian lights. Council asked that the improvements to the bus stop areas and pedestrian access to adjacent parking lots (Items No. 4 & 5 of the cost estimate) be listed as [ secondary] options. Mr. Johnson commented that it was generally better to be more inclusive in making an application. However, he noted that he clearly understood the Council's direction and would proceed accordingly. 8) TRAFFIC CALMING DEVICES ON TOWN STREETS - A) Proposed Policies and Criteria B) Centro West Traffic Calming Recommendations Town Engineer Schwartz reviewed A and B above. Mayor Gram said Council would take no action on either Item A or B at the meeting, but he directed the Town Engineer to review the five options for calming traffic on Centro West. They were as follows: ,,~ 1. 2. 3. 4. 5. To make a 200-foot portion of Centro West one-way where it meets Diviso Street; Make the advisory 15 mph speed limit an enforceable speed limit; Allow more parking opposite 1834 Centro West (to slow traffic); Paint edge line pavement markings to restrict the width of the traffic lanes; Install two speed "humps" The Town Engineer also recommended Council adoption of a policy of accepting petitions from neighborhoods seeking Town installation of traffic calming devices in order to process the requests in an orderly fashion. Council expressed some concerns: parked cars might obscure the sight of children playing in the street, speed humps might damage low-slung cars. Mayor Gram opened the public hearing. Frank Buscher, 1761 Centro West, recommended implemented the 15 mph speed zone inunediately and to hold an additional hearing on the one-way proposal. He also commented about the recommended petition policy and stated that he hoped the 67% requirement applied only to Centro West residents. ,,-. Dick Ward, 1952 Centro West, said the 1987 Engineer's report also called for a "no right turn" sign at Diviso, and to his knowledge, this was the third time such an action had been officially recommended. He asked Council to consider adopting all five of the above recommendations. Town Council Minutes #1187 March 15, 2000 Page 3 ~: ____ ._._._---""'i;__5at.____~"!!__":___"_'__ ~ Mary Musalo, 1807 Centro West, said that issuing citations for speeding violations would gain publicity for the 15-mph zone. She also asked the Council to worry about the safety of children rather than the bottoms of cars. Ann Green McComish, 1705 Centro West, said the "no right turn" sign would be very valuable but there was no need for making the street one-way. Gary Lucas, 1805 Centro West, said he was a San Rafael firefighter and noted that the speed "humps" would not impede firetrucks. He also suggested installing a stop sign at the corner of Centro West and Esperanza streets. Alice Fredericks, One Cazadero Lane, echoed the latter remark about the stop sign. Mayor Gram closed the public hearing. Mayor Gram said he had received calls from the uphill neighbors who said they wanted to review the Town Engineer's recommendations. He suggested that a traffic count be taken to see how much traffic would be diverted to Centro East if the one-way measure was installed at Diviso. Councilmember Hennessy said she thought the adoption of the 15-mph speed zone could be done immediately. -- Vice Mayor Thompson said he opposed the "no right turn" from Diviso because he did not think it was fair to push extra traffic onto Solano. However, he said he supported the other recommendations (2 through 5). Mayor Gram suggested that the Traffic Safety Committee hold a public hearing on the proposed recommendations and bring the matter back to Council. Council concurred with this approach and continued the matter pending a report from the Traffic Safety Committee. I. PUBLIC HEARING 10) CYPRESS HOLLOW PRECISE DEVELOPMENT PLAN - 170 RANCHO DRIVE - Request for Amendment to Build 580 Square Feet of Floor underneath an existing garage - AP No. 34-393-07 - (Mark & Julie Boyadjian, Applicants) Senior Planner Watrous said the applicants sought an amendment to add an additional bedroom, bathroom and laundry room underneath the existing garage. He said this 580 square foot increase would bring the total square footage of the house to 3,420, or 34.2% FAR. Mr. Watrous said the Planning Commission had voted 3-1 in favor of the amendment. __ Mayor Gram asked about excavation for the project and was told there would be none. Town Council Minutes #1187 March 15, 2000 Page 4 -- Mark Boyadjian, applicant, said he and his wife purchased the home a year ago and sought the amendment to accommodate their growing family. He said the plans called for "re-locating" rather than adding a laundry room. Boyadjian also said that if Council had concerns about the addition of the exterior door, it be regulated by restricting the deed upon sale of the home, or by replacing it with a window. Mr. Boyadjian said the sales circular for his home had stated that "a permit for a 4th bedroom was in process," which led him to believe that he and his wife could make the proposed additions. In contrast, Mr. Boyadjian said the recent Council approval for an addition to 70 Monterey Drive was to a home that already had four bedrooms, whereas his home only had two. Colleen Mahoney, architect for the Boyadjians, explained the design of the project and relayed some of the Planning Commissioners' comments. She said Commissioner Klairmont said that the project was "invisible" and only constituted a 4% increase to the FAR; she said Commissioner Berger said many larger exceptions [to increase FAR's] had already been made in the community. > Councilmember Thompson asked if the neighbors at 160 Rancho Drive had "signed off' on the project. Senior Planner Watrous said that signatures were not required from neighbors on an application, but noted that Staff had received no objections. __ Mayor Gram closed the public hearing. Councilmember Hennessy said she had voted against the last project [70 Monterey Drive] because the neighborhood already had large homes and any FAR increases just compounded the problem. However, she said she would vote in favor of this application if the applicants would remove the door and because they needed more than two bedrooms. Councilmember Bach concurred. Vice Mayor Thompson said he was in favor of additions as long as they were within the existing wails of the home. He said in this instance, an additional bedroom was appropriate. However, he said he felt strongly about bringing the affected neighbors into the process to hear their comments, and he asked that they be shown the plans as a condition of approval. Mayor Gram said Cypress Hollow was a separate area of Town and furthermore, that each application was viewed distinctly. He said the door should be eliminated in the proposal, but that three bedrooms were necessary for the Boyadjians. MOTION: To adopt the resolution approving the amendment to the Cypress Hollow Precise Development Plan for an additional 580 square feet at 170 Rancho Drive, with the condition that a window be added in lieu of an exterior door. -- Town Council Minutes # 1187 March 15, 2000 Page 5 I'""' Moved: Vote: Hennessy, Seconded by Bach AYES: Unanimous ABSENT: Matthews 1 I) NED'S WAY GARDEN HOMES - Vesting of Tentative Subdivision Map for 25 Lots at Ned's Way & Tiburon Boulevard - AP No. 58-151-35; (Tiburon Redevelopment Agency, Owner; Ned's Way LLC, Applicant) - (Resolution) Mayor Gram asked what other approvals were needed for the project. Planning Director Anderson said that the project had already been approved by the Design Review Board, but that the subdivision improvement plans would need to be approved by Staff, and a final subdivision map would be presented to Council for approval. Anderson also said that building permits would need to be issued and an encroachment permit would be needed for staging and for the proposed landscape buffer. Mayor Gram opened and closed the public hearing. There was no public comment. MOTION: To adopt the resolution vesting the Ned's Way Garden Homes Tentative Subdivision Map. Bach, seconded by Hennessy AYES: Unanimous ABSENT: Matthews Moved: Vote: I""' 12) 4930 PARADISE DRIVE - Town-initiated Prezoning of .27 acres ofIand to RO-2 Zone - AP No. 38-052-08; (Jeanne Rizzo, Owner/Applicant) - (Introduction of Ordinance) Planning Director Anderson said LAFCO had approved the annexation of the subject property along with two adjoining properties, which had applied for connection to the public sewer. He said that 4930 Paradise Drive would be left as "an island" if it were not annexed along with the other two properties. During public hearing, Ms. Rizzo, owner, said she and her partner were opposed to annexation and that their property already had a public sewer. She also said that they had not received proper notification of the LAFCO hearing because the notice only came in her name and she was out of town at the time. Councilmember Hennessy, Council's LAFCO representative, said that State Law required LAFCO to bring the Rizzo property into the Town along with the other two properties that had previously been pre-zoned for annexation. She said that Tiburon supported the LAFCO "dual annexation" policy and that it was not good urban planning to leave "islands" of unincorporated area within a city's boundaries. -- She also suggested that Ms. Rizzo check the County Assessor's roles to ensure that they contained the names of [both] the owners of record. Town Council Minutes #1187 March 15. 2000 Page 6 ,- Mayor Gram closed the public hearing. MOTION: Moved: Vote: To read the prezoning ordinance by title only. Hennessy, seconded by Bach AYES: Unanimous ABSENT: Matthews Mayor Gram read, "An Ordinance of the Town Council of the Town of Tiburon Prezoning Approximately 0.27 Acres of Property Located at 4930 Paradise Drive, Assessor Parcel No. 38- 052-08. " MOTION: Moved: Vote: To pass first reading of the prezoning ordinance. Bach, seconded by Hennessy AYES: Bach, Gram, Hennessy, Thompson ABSENT: Matthews 13) VICINITY OF 3910 PARADISE DRIVE (Former Kilgore Shore Property) - Request for Waiver of Processing/Annexation on a 19-acre property oirParadise Drive; AP No. 39- 302-01; (CSW/Stuber-Stroeh, Applicant; Serge and Tatiana Sorokko, Owners) ..-. Planning Director Anderson said the new owners of the property, Serge & Tatiana Sorokko, were planning to file a land development application with the County of Marin. He said that under Countywide planning policies, Tiburon would have the "first right of review" to process an application for unincorporated property within its sphere of influence, and also to require initiation of annexation proceedings. . Anderson said the 19-acre property, formerly owned by the Kilgore family, was contiguous to the Town ofTiburon via its [San Francisco Bay] tidal lot; however, access to the property would be adjacent to the Seafirth Estates neighborhood that is located within Tiburon. Anderson also said that the applicants were seeking five (5) building sites and that both the County and the Town's General Plan would allow up to eight (8) units on the property. Planning Director Anderson said the Town's long-standing position had been to process the development application for the Kilgore property, and that [future] development of the property had generated considerable Town interest over the years. Anderson pointed out that following the release of the 1996 Town Prezoning Study of Paradise Drive, certain fiscal impacts, such as possible Town responsibility for the maintenance of Paradise Drive, should be weighed by Council. Planning Director Anderson said that the 1989 Town General Plan goals and policies called for ,- annexation of all unincorporated area within the Tiburon Planning area/Sphere of Influence. Town Council Minutes #1187 March 15, 2000 Page 7 ,-. However, he said the Town could also make exceptions and waive or defer annexation, and cited several examples in both the Paradise Drive and Strawberry areas. Mr. Rothman, an attorney representing the Sorroko's, said his clients were requesting the Town to let the County process the development applications. However, he said the County could record any conditions listed by the Town ofTiburon, as long as the applicants had a right to address them during the planning process. Rothman also said his clients were requesting a waiver of annexation to the Town. Mayor Gram opened the public hearing. Randy Greenberg, Norman Way, made a "pitch" to the Council to annex the property. Ms. Greenberg said the property geographically lent itself to being within the Town's limits, and that such annexation would be consistent with the Town's previous actions with regard to Seafirth Estates, Old Landing Road, and the Winter property. She said deferring annexation would be a mistake and that the dual annexation policy provided a simple way to do it. ,- Sandra Swanson, 2 Seafirth Lane, echoed Greenberg's remarks, and suggested the Council look again at the "Paradise Drive Visioning Process" which called for maintaining the "rural character" of the neighborhood and recommended "clustered" development. Ms. Greenberg had previously noted that she thought the Town's review of the application would be more responsive to local residents' concerns. Ms. Swanson expressed concern that the "Russian speculators" would have no regard for the quality of life of the residents of Paradise Drive, and that through annexation, the Town could make them Tiburon residents. Joe Rickett, CSW Struber/Stroeh, said the property did not lend itself to "clustering" because of visual impacts to neighboring properties. Mr. Rothman agreed with this statement, saying that the owners were not asking for maximum house size and that the units would be "nicely hidden. " Mr. Rothman also said that Mr. Sorroko was a U.S. citizen and had lived in Mill Valley for 18 years. He said there were other partners in the project. Lorraine Haynes, Paradise Drive, asked where the roads would be located which accessed the project. Mayor Gram closed the public hearing. Councilmember Hennessy, LAFCO boardmember, said the Town supported LAFCO's dual annexation policy, and that the Paradise Drive Visioning document also said that large unincorporated properties should be annexed [to the Town]. She said the Town would have better control if the property was developed under Town guidelines, and she cited the difficulties - Town Council Minutes # 1187 March 15, 2000 Page 8 __ . experienced by the Town of processing applications in an area [Cypress Hollow Subdivision] that had been annexed after the fact. Mayor Gram asked whether LAFCO had a recommendation concerning application processing and/or annexation. CounciImember Hennessy said LAFCO's aim was urban services and it recommended that undeveloped land be annexed. Vice Mayor Thompson agreed with CounciImember Hennessy and said that [all of] Paradise Drive would eventually be part ofTiburon. He said it was "not good planning" to grant the waiver and said that annexation ofthe property should not be delayed. Mayor Gram concurred with the majority opinion concerning annexation. Moved: Vote: To deny the request for Processing & Annexation Waiver and to direct Staff to send a letter to the County concerning the Town's desire to process the application and initiating annexation proceedings. Hennessy, Seconded by Bach AYES: Unanimous MOTION: ~ J. NEW BUSINESS 14) PINE TERRACE - Acquisition of Access Easement to Multi-Use Path - (Retention of Appraiser) After hearing the Town Attorney's report, Council authorized retention of an appraiser to determine a value of the easement in question. K. STAFF & TOWN MANAGER REPORTS None. L. COMMUNICATIONS 15) SAUSALITO'S 4TI1 OF JULY, 2000 FIREWORKS - Request for Town Endorsement and Participation - (Letter from Parks & Recreation Director to Town Manager, dated March 7, 2000) Council consensus was to not make a monetary donation, although Vice Mayor Thompson spoke in favor of a contribution. M. ADJOURNMENT There being no further business before the T adjourned the meeting at 10:10 p.m., sine e. ayor Gram r" CLERK Town Council Minutes #1187 March 15, 2000 Page 9