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HomeMy WebLinkAboutTC Min 2004-03-31 : ,. r"' TOWN COUNCIL MINUTES CALL TO ORDER Mayor Fredericks called the special meeting of the Tiburon Town Council to order at 7:00 p.rn. on Wednesday, March 31, 2004, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, Califoruia. ROLL CALL PRESENT: COUNCILMEMBERS: Berger, Fredericks, Gram, Slavitz, Smith PRESENT: EX OFFICIO: Town Manager McIntyre, Town Attorney Danforth, Director of Community Development Anderson, Advance Planner Bryant, Director of Public Works/Town Engineer Echols, Chief of Police Odetto, Director of Administrative Services Bigall, Town Clerk Crane Iacopi ORAL COMMUNICATIONS I"'" None. CONSENT CALENDAR I. Approval oCTown Council Minutes - March 17, 2004 2. Recommendation by Associate Planner - Resolution Memorializing Council Action in the Appeal of Design Review Board Decision Pertaining to 4 Cazadero Lane a) A Resolution of the Town Council of the Town ofTiburon Memorializing the Granting of an Appeal by Helen & William Lindqvist of the Denial of Site Plan and Architectural Review for Property located at 4 Cazadero Lane . 3. Recommendation by Director oCPublic Works/Town Engineer - Approval of Plans for 2003/04 Street Rehabilitation Project Councilmember Smith made changes to the March 17, 2004 minutes on pages 3 and 7. He then asked that Items 2 and 3 be removed from the Consent Calendar for discussion. I"'" Councilmember Smith asked the Town Engineer how the streets were selected for the 2003/04 Street Rehabilitation Project, as he was unfamiliar with this type of report. Town Council Minutes # 07-2004 March 31, 2004 Page I I"""'" Director of Public Works/Town Engineer said that the Metropolitan Transportation Commission's "Pavement Management System" method of selecting streets was utilized by the Town. Item No.2 was continued to the end of the meeting for discussion. MOTION: Moved: Vote: To approve Consent Calendar Item No.1, as amended and No.3, as presented. Smith, seconded by Gram AYES: Unanimous ABSTAIN: Slavitz, March 17, 2004 Minutes REGULAR AGENDA 4. Presentation by Marin County Congestion Management Agency - Proposed Sales Tax Expenditure Plan, Authorization to Form a Marin County Transportation Authority and Appointment of Town Representative r"' a) A Resolution ofthe Town Council of the Town ofTiburon Concurring on the Membership of the New Marin County Transportation Authority and Designating the Authority as the Congestion Management Agency for the County of Marin Construction Projects Within the Town ofTiburon Craig Tackenberry from the Congestion Management Agency and Kara Vuicich from Nelson Nygaard Transportation Consultants addressed the Council and asked for public input on the proposed plan. Tackenberry said that 50% of the cities in Marin would need to adopt the final sales tax expenditure plan in order to place the measure on the November ballot. Ms. Vuicich gave a Power Point presentation which highlighted the process used to develop the plan as well as various studies and statistics about who uses the local roads and who travels through Marin County every day. Surprisingly, it was determined that 62% of the people who use the roads both live and work in the County and that "through traffic" was much less a problem that most people thought. Ms. Vuicich also talked about current funding problems resulting form the State budget crisis. For instance, the HOV lane gap closure in San Rafael, which had previously been fu1ly funded, was now facing a $25 million shortfiill. This, along with local transit cuts and funding for local roads, which she described as the "backbone" of the County's road infrastructure, would be addressed by the success of the ballot measure. /'"' Town Council Minutes # 07-2004 March 31,2004 Page 2 , '/"'"' In response to a question form the Council, Ms. Vuicich said that the draft sales tax expenditure plan included approximately 17.5% allocation for funding for local roads and also contemplated a 20% match by local agencies. Mr. Tackenberry added that the Directors of Public Works from all the cities in Marin were working as a group to identifY local streets of importance that crossed city boundaries. Ms. Vuicich also said that some funds would be used to improve access to local schools and to fund crossing guard positions. This program would be administered through the County's Safe Routes to School Program. Councilmember Smith spoke of the importance of creating a safe crossing from one side of Tiburon Boulevard to the other for children attending school in Tiburon. In response to a question from Councilmember Gram, Ms. Vuicich said that the Congestion Management Agency would "become one" with the new Transportation Authority, and that it would be a 16-member body comprised of representatives from the 11 Marin cities along with the five County supervisors. ,~ Councilmember Slavitz asked if there was a specific funding amount earmarked for local roads by jurisdiction. Mr. Tackenberry said that this was a 20-year expenditure plan; that a review process was being developed and that a strategic plan and hierarchy relating to local streets would be reviewed every two years. Mayor Fredericks opened the public hearing. John Kunzweiler, 16 Norman Way, said that the southern portion of Paradise Drive was "falling apart" and needed to be fixed. Mayor Fredericks closed the public hearing. Councilmember Berger commented that most of the funds seemed to be earmarked for improvements "north of us," and commented that funds for improved ferry and local transit service would be useful to the residents of Southern Marin. Councilmember Slavitz said that he did not think the plan was specific enough to Tiburon's streets and roads. Councilmember Smith said that the Marin County sales tax was relatively low and that traffic was an issue that needed to be addressed. r-, Mayor Fredericks, who also served as the Council's representative to the Marin Congestion Management Agency during the community advisory committee phase of the plan, spoke of the importance of being a "self help" county. With a transportation sales tax, the County could apply Town Council Minutes # 07-2004 March 31,2004 Page 3 '/'""'. for and create programs that require applicant agencies or towns to supply as little as 10% of the money required for quaJi1Ying transportation projects. She also said that gap closure (HOV Lane) in San Rafuel would be useful to everyone who traveled in Marin. In response to a question from Councilmember Gram, Mayor Fredericks said that she thought the proposed composition of the uew transportation authority was appropriate. MOTION: Moved: Vote: To adopt the above resolution, as presented. Slavitz, seconded by Smith AYES: Unanimous PUBLIC HEARING 5. Report by Advance Planner- Goal, Policy and Program Refinement of Open Space and Conservation Element of the Tiburon General Plan Advance Planner Bryant opened the discussion by stating that Staff would look for direction from the Council for six specific questions and policy decisions relating to the recommendations presented in the Open Space & Conservation Element Issues Paper and delineated in the Staff report. Once that direction was received, Staff would begin preparation ofthe Open Space and Conservation Element of the updated General Plan. /'""'. Bryant said that as a result of public testimony at the February 26, 2004 Council meeting, Staff had revised its previous recommendations in three areas relating to the Open Space Preservation Goal: . Although achievable in some instances, the 75% preservation goal should be changed to 50% and remain a "target" rather than a requirement; . Revise current General Plan language regarding ridgeline protection to match draft Countywide plan (setbacks to be 300 feet horizontally or 100 vertical feet from ''visually prominent ridgelines, whichever is more restrictive, if other suitable locations are available on the site"); and to incorporate characteristics from the 1992 Town Council resolution pertaining to and describing characteristics of secondary ridgelines rather than trying to establish specific setbacks for protection; . Keep previous Staff recommendation regarding riparian setbacks, that is, 100-foot setbacks from top of the bank for perenneal streams and 50 feet for ephemeral ones (which would be consistent with but in some cases is less restrictive than the County's proposed policies). Mayor Fredericks opened the public hearing. In response to a question from the public, the Mayor stated that the Council would not vote on any particular item, such as an approval of the Staff recommendations or an approval of the /'"" Town Council Minutes # 07-2004 March 31,2004 Page 4 '''-'' General Plan; rather, she said that Council would simply make recommendations to Staff and also sought helpful input from the public. She clarified that the actual adoption of the General Plan would take place at a later date and that there would be more public hearings prior to its adoption. The following members of the public addressed the Council: . Tyler Phillips, 8 Audrey Court, said that preservation of the Tiburon Ridge was important given that it was a "regional resource" and that fuirly substantial setbacks should be instituted to preserve it. At this point, Mayor Fredericks showed some slides taken from Sausalito, Belvedere and Tiburon that illustrated the contours of the entire ridge and the different perspectives of where people thought the ridge ended as it approached the Bay. "....... . Mark Reed, Martha Property owner, said that the Tiburon Ridge ended at the fence marking where the Martha Property started (and not at the rock outcropping that most people thought designated the "end" of the ridge); that in 1989 Town Counsel had advised one Councilmember that extending the ridge would constitute a "taking;" . Ray Pourian, said he had previously submitted a letter to the Council and that the actions contemplated by the Town were similar to those taken by the City of Monterey which resulted in a legal judgment and damages against that city; . Fiona O'Connor, Paradise Drive, said that some progress was being made [in the revisions to the Issues Paper] but continued to maintain that the owners of the 18 [undeveloped] properties were still not being represented "at the table" and that the there was a "partisan" relationship between the Last Chance Committee and the Town; asked where the EIR was to substantiate the findings in the Staff report (and Issues Paper); . Allan Littman, complimented Stafffur its revisions but said that some of the language was still "extraordinarily vague;" that preservation would not result from "do's and don't's" but through the creativity of the property owuers and topography of the land; . Irv Rabin, said that his specific property was mentioued several times in the report and that if the recommended changes were instituted, over half ofhis property would be removed from development; said that 50% preservation goal was still too great and asked the Council to reject the changes pertaining to secondary ridgelines and riparian corridors; . Joanna Kemper, 1911 Straits View, said that open space needed a consistent designation throughout the General Plan and she endorsed Staffs other recommendations, as well; . Norm Roumi, representing owners ofland within the County's planning area, said that the open space preservation goal seemed "excessive" and would be prohibitive to the development of detached homes; . Julian Landau, 82 Sugarloat; encouraged "intelligent land management" and said that owners must be compensated for their land; warned that preservation for future generations was also "at stake;" "....... Town Council Minutes # 07-2004 March 31. 2004 Page 5 I"""' . Christopher Wand, President of the Reedlands, said his homeowner's group had voted to endorse most of the stated goals; that the reason property had so much economic potential in Tiburon was because of past sacrifices, not "takings;" that higher standards were needed for future development to avoid gridlock and ensure continued preservation; . Norman Traeger, 3700 Paradise Drive, asked what ifanything was really wrong with the 1989 General Plan; said that he was one of the 18 property owners mentioned by Ms. O'Counor and that he liked her idea to meet with Staff on ways to develop his 16 acres; said the community should work for the greater good as well as preserve private property owner's rights; . Mott Buscher, 1810 Mt. View Drive, spoke of importance of riparian protections because what "starts at the top of the hill runs downhill;" . George Landau, 82 SugarloaJ:; countered a previous statement that equated a 25% loss of development potential (through open space preservation) with a 25% decrease in property value and stated that it could actually increase the value; . Eugeue Kilgore, 3910 Paradise Drive, again asked the Council to put themselves in the same position as the undeveloped property owners and to use the same overlays on their properties that they were asking others to consider; . Helen Lindqvist, 3 Cazadero Lane, complimented the Stafffor their "thoughtful changes;" said that grading should be prohibited on slopes over 30%; . John Orvis, Place Moulin, said he did not like the casting of "villains versus preservationists" but said that he was proud of the Town's track record of open space preservation and purchase by the residents; . Mark Reed, Martha Property owner, said that allowing people to "walk to the rock" and preserving it as open space was being contemplated in their development plans, along with protection of the ridgeline; . Jamie Cohen, Ridge Road, asked if there had been studies done to calculate the costs of widening the roads and other infrastructure costs on this [Martha] property; . Jerry Riessen, 616 Ridge Road, member of the Last Chance Committee, said community survey results pointed to maximum protection and preservation of open space as a primary goal; that ridgelines should be kept free from development; that the current General Plan update was not Measure I, which had tried to prohibit development but that Measure I "looks like" the 1989 General Plan; said he supported all of Staff's recommendations; . Randy Greenberg, Norman Way, commented extensively on the County's draft plan and the need for riparian protections; said that Staff's recommendations were "not arbitrary" but "fuirly conservative;" . Maureen Miekle, Harbor Oak Drive, agreed that riparian protections were important citing an example of homes built on dry creek beds that had been washed away in floods in the Paradise Drive area; thanked the Reed fiunily for preserving the "rock" but said she hoped there would be a path to it versus a paved road. r"' Mayor Fredericks closed the public hearing. She reiterated that the Council's role was to give direction to Staff; that the issue before the Council was not a development application but rather an update ofthe Town's General Plan, as required by State law. I"""' Town Council Minutes # 07-2004 March 31, 2004 Page 6 ~ The Mayor invited the Council to comment on each item presented in the Staff report. The following represents the remarks and consensus ofthe Council on each specific item: . Change "Potential Open Space" Designation? Slavitz: follow Staff's recommendation to combine terms the terms, "Planned Development- ResidentialJPotential Open Space," for clarification throughout the General Plan. Smith, Berger, Gram: Use zoning terminology throughout: "Planned Development- Residential. " Fredericks: Does not like either designation. . Increase Town's Open Space Preservation Goal from 50% to 75%? Berger, Smith, Slavitz, Gram: Keep 50% goal. Fredericks: Concurred, with understanding that some properties would require greater open space due to certain physical constraints . Match County Ridgeline Policies? ~ Unanimous: No change. . Extension ofTiburon Ridge? Fredericks & Berger in favor; Gram thought area from ridge to "the rock" should be protected; Slavitz & Smith recommended treating the area beyond the current terminus as a "secondary ridge." . Create Uniform Secondary Ridge Setback? Council in favor of Staff recommendation for new policy to incorporate criteria listed in Resolution 2859 to establish appropriate setbacks. . Specific Riparian Setbacks? Defer decision [on 50 versus 100 feet] until after County presentation on subject. . Adopt More restrictive slope policy? Unanimous to keep existing policy. ~ Town Council Minutes # 07-2004 March 31,2004 Page 7 /""' . Retain "Views and Vistas" program? Unanimous to remove program, as recommended by Staff, and review on case by case basis. . Adoption of Open Space Management program? Unanimous in favor of outlining a plan and developing funding sources. Smith said this was particularly important for fire hazards. . Expand "green building" policies to private projects? Unanimous in favor of encouraging such practices. In addition, the Council had the following comments and desired to see certain concepts incorporated into the Town's General Plan: r--. . Vice Mayor Berger said that roads serving development should be highly discouraged from the open space created on the Tiburon Ridge; . Councilmember Slavitz said that the revised Staff recommendations showed that the Town was listening to citizen feedback; . Councilmember Gram said that open space was treated as "sacrosanct" in the Town's General Plan; he said he would like to see a way to sell or trade some less desirable open spaces (such as the property behind Chandler's Gate) for something on the Ridge or elsewhere; in other words, to allow a more flexible interpretation of the Town's policy in future. CONSENT CALENDAR 2) Recommendation by Associate Planner - Resolution Memorializing Council Action in the Appeal of Design Review Board Decision Pertaining to 4 Cazadero Lane a) A Resolution of the Town Council ofthe Town of Tiburon Memorializing the Granting of an Appeal by Helen & William Lindqvist of the Denial of Site Plan and Architectural Review for Property located at 4 Cazadero Lane Councilmember Smith asked Staff if the one-foot reduction applied to all of the roof ridges. Director of Community Development Anderson affirmed his remark. Smith asked for revision of language on page 2: (First bullet point - delete "rather than a "slot view" from sentence; bullet point 4 - Add "Based on testimony by the applicant's architect" etc....; Paragraph 8, line (a), concerning impact on view from 3 Cazadero Lane to read, "as determined by Staff." -- Town Council Minutes # 07-2004 March 31. 2004 Page 8 'r' MOTION: Moved: Vote: To adopt resolution, as amended above. Gram, seconded by Smith AYES: Gram, Slavitz, Smith NOES: None RECUSED: Berger, Fredericks COUNCIL COMMITTEE AND COMMISSION REPORTS Councilmember Smith reported that he had been informed that the structure at Elephant Rock pier was "rusting out" and that he would be touring the facility with the Harbormaster Bill Price and others on Friday. Councilmember Slavitz reported that the LAFCO Southerm Marin "Sphere ofInfluence" (SOl) document was nearly complete. With regard to the Strawberry area, Slavitz said that the south side would not be included in Tiburon's SOl but that the side north of Highway 131 would be. WRITTEN COMMUNICATIONS Town Council Weekly Digest - March 19,2004 '/" Town Council Weekly Digest - March 26, 2004 ADJOURNMENT There being no further business before the Town Counc' of the Town ofTiburon, Mayor Fredericks adjourned the meeting at 10: 15 p.rn., sine ALICE FREDERICKS, MAYOR A~. ~ DIANE CRANE ACOPI, TOWN CLERK ~ Town Council Minutes # 07-2004 March 31,2004 Page 9