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HomeMy WebLinkAboutTC Min 1999-11-03 .. I"". TOWN COUNCIL MINUTES CALL TO ORDER Mayor Bach called the regular meeting of the Tiburon Town Council to order at 7:33 p.m. on Wednesday, November 3, 1999, 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, Town Attorney Danforth, Planning Director Anderson, Senior Planner Watrous, Superintendent of Public Works Iacopi, Chief of Police Herley, Town Clerk Crane B. ANNOUNCEMENT OF CLOSED SESSION ACTION ar any) Mayor Bach said there was no closed session. C. PUBLIC OUESTIONS AND COMMENTS Mayor Bach congratulated Councilmembers Hennessy and Thompson on their successful bids for reelection on November 2, 1999. --- D. COUNCIL. COMMISSION & COMMITTEE REPORTS 1) RICHARDSON BAY REGIONAL AGENCY - (Councilmember Thompson) Councilmember Thompson said the County had adopted an ordinance banning jet skis. He proposed that the Town adopt its own version. 2) MCCMC LEGISLATIVE COMMITTEE - (Councilmember Matthews) Councilmember Matthews gave a brief update on committee activities. E. CONSENT CALENDAR 3) TOWN COUNCIL MINUTES - No. 1173 - October 6, 1999 - (Adopt) 4) TOWN HALL - SPRINT PCS SITE AGREEMENT - (Amendment) 5) TRAFFIC SAFETY COMMITTEE - Minutes of October 14,1999 Meeting - (Accept) 6) CITIZEN OF THE YEAR - Commendation for John Kern - (Adopt Resolution) 7) AMICUS REQUEST: Utility Cost Management v. East Bay MUD, A087191 Court of Appeals, First Appellate Dist. (Division Five) - (Approve) MOTION: Moved: Vote: To remove Item Nos. 4 & 6 from the Consent Calendar. Matthews, Seconded by Gram AYES: Unanimous --- Town Council Minutes #1175 November 3, 1999 Page 1 , " In addition to his personal comments, Mayor Bach read the resolution, Item No.6 above, in commendation of John Kern's selection as Tiburon Peninsula Chamber of Commerce 1999 Citizen of the Year. \.J Chief of Police Herley also said Mr. Kern would be receiving a Certificate of Commendation from the State Attorney General for his role in building the Tiburon Police station. MOTION: Moved: Vote: To move up Public Hearing Item No. 11 Hennessy, Seconded by Gram AYES: Unanimous G. PUBLIC HEARING 11) APPEAL OF DESIGN REVIEW BOARD DECISION - Approval of Second Residence at 160 Solano Avenue, AP No. 59-142-12 - (Margaret May, Applicant; Leslie & Maxine Hembree, 172 Solano Avenue, Appellants) Senior Planner Watrous gave the Staff Report. He said the applicant had received Design Review Board approval on September 16, 1999 to construct a new single-family dwelling on property located at 160 Solano Avenue. The new house would be the second dwelling on the property and would be part ofa proposed plan to condominiumize the ownership of the property. Watrous said the owners of 172 Solano Avenue (Les and Maxine Hembree) had filed a timely appeal of the approval. The appeal was based upon the Hembree's contention that there was not -.....J adequate review of the project's impact on their views and that the story poles did not accurately represent the proposal presented to the Design Review Board on September 16, 1999. Watrous said the Design Review Board had reviewed the project and visited the site, He said the Board heard public testimony at its August 5, 1999 meeting from the Hembrees and other neighbors who were concerned about the project. Watrous said the Board did not approve a two- story plan at that time due to some of the issues raised and requested to see a one-story alternative. Watrous said the conceptual one-story plan presented would have brought the living areas closer to several of the neighboring residences than the two-story plan. He said the Board subsequently approved a revised two-story plan at its September 16, 1999 meeting. In response to questions from Council, Watrous said the Board considered the view blockage of the approved project "peripheral," that is, the essence of the center of the view [of Angel Island] from the Hembree residence was intact. In response to a question from Council about the story poles, Watrous said that the Town had general guidelines such as placement 10 days before a public hearing, and required certification of the story poles before the Design Review Board hearing. Mayor Bach opened the public hearing. Town Council Minutes #1175 November 3, 1999 Page 2 -.....J l . r- Attorney John Sharp, representing Appellants Les & Maxine Hembree, said his clients were concerned about the bulk and mass of the second story which would "loom over" their living space and deck. Sharp said his client's views were already compromised by the existing house, and said the Town's Zoning Ordinance and Hillside Guidelines discouraged construction that would eliminate 10010 or more of an existing view. He said the applicants knew of the constraints of the lot and even though they had made an effort to re-design the project, the Town Council should rely on the Town's policies in deciding whether to uphold the current design. Michael Heckman, also speaking for the appellants, said there were other solutions such as a single-story dwelling, which would preserve the Hembree's views. Heckman distributed a photo montage showing the ouline of the proposed second dwelling and view blockage from the Hembree's home. He also suggested that the other affected neighbors should also be willing to comproffi1se. Appellant Les Hembree said he and his wife had lived at 172 Solano Avenue for 11 years and had assumed they would have view protection. He said their main entry and exit was from their deck area, and that the shape of the new dwelling would be "egregious" in blocking their view from that location. ' Applicant Dolores Davis, who along with Sean Rorke and the owner of the property, Maragert May, planned to develop the property, said they had provided a letter from a civil engineer which certified the story poles. r- Ms. Davis contended that the Design Review Board had given due consideration to the Hembrees, and that the view blockage issue "was of utmost importance in their minds." She said they had met the requirements of the Town's Hillside Guidelines and that the change in the view to the Hembrees was, indeed, peripheral. She handed out a chart depicting the current view from the Hembree residence at 126 degrees, of which less than 10% would be eliminated. Ms. Davis said they had moved the house back a total of 151/2 feet after four [plan] revisions, and that the height of the building (126' & 129') was considerably lower than others in the neighborhood. In response to a question from Vice Mayor Gram, Ms. Davis said the dimensions ofthe second story were 20x20 feet. Attorney Rob Epstein, representing the applicants, said the objection of a single neighbor was not adequate to overturn a unanimous decision by the Board and the Town's Hillside Guidelines. He said the Hembree's deck encroached on the current setback rather than the new home itself, and suggested that the deck was a non-conforming structure. Epstein said the Town's Hillside Guidelines did not intend for a 360 degree view preservation. He also said that a portion of the Hembree's current view had not existed prior to the cutting of some poplar trees in the neighborhood last year. Mr. Epstein objected to new material being handed out at the meeting by the Appellants' architect. ,-.. Tuwn Council Minutes #1175 November 3, 1999 Page 3 .' Epstein also said it was impossible to respond to an unknown new design solution speculated upon by Mr. Hembree. \.J Robert Ellsberg, owner of 2250 Centro East and 2245 Paradise Drive, 24-year resident of the area, expressed his concerns about privacy for the abutting lots. He said his concerns were in conflict with the Hembree's desire for a one-story solution at 160 Solano, but that the Design Review approved plans were the best for him. During rebuttal, Attorney Sharp said Attorney Epstein had misunderstood some of his remarks. He said he neither denied nor admitted any encroachment of the Hembree's deck, and said there was no law against considering the view impact from this location. Sharp said the living area inside the Hembree's home was impacted and not a new issue as characterized py Epstein. Michael Heckmann said that it appeared that only a handful of the story poles for the project were in place and that the previous [project] architect, Hank Bruce, had told him thlit the story pole for the chimney was incorrectly placed, Les Hembree said he could offer a design solution if asked. He also said the current view was one he and his wife had when they purchased the house. Mayor Bach closed the public hearing. Vice Mayor Gram said there should be a policy concerning story poles. He said he would like to..J see them connected by ribbons or tape in order to "get the full picture and perspective. " Mayor Bach concurred that it was difficult to read or know which story poles were which since they were not marked on the plans in his packet of materials. He said the Council should have the same information that was provided to the Design Review Board. Councilmember Matthews said the primary view from the Hembree residence was on the east side toward Angel Island and Berkeley. He said there would always be an impact from in-fill development but questioned whether the proposed structure would impact the main view corridor. Councilmember Thompson concurred that it was difficult to develop in old neighborhoods in Tiburon with their unusual lots and unique charm. He said he had the same reaction as the Design Review Board to see a one-story plan, which would have less impact. Councilmember Hennessy said she had planned to abstain from voting on the Appeal because she had not been able to visit the site due to the press of the election. However, she stated her opinion based upon the materials received and submitted at the hearing that a two-story house would not work because the uphill [as yet undeveloped] lot would have to have an even higher structure. She suggested that it might not be worth developing the second dwelling at 160 Solano. Town Council Minutes # 1175 November 3, 1999 Page 4 ..J -' ~ Mayor Bach said he would like to see a solution that would minimize the impact to all parties, and would favor a continuance in order to see the connected story poles. Both Applicants and Appellants agreed to a continuance. Vice Mayor Gram said the Council would review the new information but should not hold another public hearing. Attorney Epstein said he would submit some correspondence in favor or his clients. Attorney Sharp asked for the opportunity for rebuttal, if necessary. MOTION: To continue the Appeal to the next regular meeting on November 16, 1999, pending connection of the story poles by ribbon and location of the poles to be noted on the plans. Gram, Seconded by Matthews AYES: Unanimous Moved: Vote: F. NEW BUSINESS 8) DEDICATION TO SPECIAL EDUCATION EVENT - (Consider June 2000 Fundraiser) Town Manager Kleinert said sponsorship continued to grow for the event, which had taken place at McKegney Green over the last two years. He said the organizers had worked well with the Town and now sought conceptual approval from the Council to plan another event in June 2000. --- In addition, Kleinert said, the Reed Schools Foundation was interested in utilizing the tent facilities for an event of their own that same weekend. Kleinert said the community would benefit from both events, and the event planners would be able to share the facility costs. Council expressed concern that it would be difficult to assign responsibility if two separate groups used the facilities on the same weekend. They directed Staff to ensure that the organizers were clear about this concept. Bill McLaughlin, 36 Old Landing Road, introduced his son Brandon and discussed the benefits of the proceeds of the event to the local schools and teachers. He said the Marin County Special Education Program was perceived as the premiere program of its kind in the nation. McLaughlin said he would take responsibility for the facilities and the use ofMcKegney Green by both groups, but that the Reed Schools Foundation would need to provide the Town with its own liability insurance. Sara McGee, President of the Reed Schools Foundation, introduced the organizers of the Reed Regatta, and said the event was the primary fundraiser for the organization. McGee said they had raised $100,000 per year over the last three years, but that because of its size [500-600 people], they had been forced to go outside ofTiburon. She said this was an excellent opportunity to bring the event back into the community. --- Town Council Minutes #1175 November 3, 1999 Page 5 , During public hearing, Wayne Snow and Kit'Goss [sp?] both spoke in favor of the Reed Regatta ,.i and for bringing it back to Tiburon, """ Councilmember Hennessy asked the Regatta. planners to convey the Town's cooperation to the Reed Union School District Board. She noted that the Town had experienced a sometimes strained relationship with the Board, She said the Town had asked for cooperation with regard to carpooling at the Reed School in order to reduce traffic and facilitate the construction of the senior housing project at Ned's Way. MOTION: Moved: Vote: To approve the.use ofMcKegney Green in June 2000 for the Dedication to Special Education and Reed Regatta events, with organizer Bill McLaughlin as the person directly responsible to the Town. Gram, Seconded by Hennessy AYES: Unanimous 9) 1999 DOWNTOWN PARKING COUNTS - (Report & Recommendation by Planning Director) Planning Director Anderson said this was the fifth year of the summertime, mid-afternoon, weekend parking counts. He said there were fewer cars reported in three out of the four downtown parking lots in 1999, Anderson recommended that Council accept the current report and disband the study. In response to a question from Council, Anderson said the statistics were not cross-referenced with ...J any other data kept by the Town. Councilmember Thompson said he was not in favor of discontinuing it because he thought the statistics were an important tool to understand the downtown economy. He also noted the study was a political tool used to support the ballot initiative to build the Library and Town Hall [on forrnerparkinglot~, MOTION: Moved: Vote: To continue the Downtown Parking Counts every two years, beginning in 2000. Gram, Seconded by Hennessy AYES: Unanimous 10) MCCMC LOBBYIST CONTRACT - (Renewal for 2000) Town Manager Kleinert said the cost of the contract would increase from $24,000 to $30,000, and the Town's proportionate share would increase by $400 per year. Councilmember Matthews said that [lobbyist] Mr. Emmanuels was very effective and easy to communicate with. MOTION: Moved: Vote: To approve MCCMC lobbyist contract renewal for 2000 Gram, Seconded by Thompson AYES: Unanimous Tawn Council Minutes # 1175 November 3, 1999 Page 6 ...J .' /"- E. CONSENT CALENDAR MOTION: To approve Consent Calendar Items 3,5 and 7. Moved: Hennessy, Seconded by Gram Vote: AYES: Unanimous Consent Calendar Item No.4 - AMENDMENT TO SPRINT pes SITE AGREEMENT. Town Attorney Danforth distributed a more recent version which clarified what would happen if the agreement was terminated. She said the new agreement would require Sprint to fully restore the upstairs and outside facilities it had used should it leave. MOTION: Moved: Vote: To adopt Amended Sprint PCS Site Agreement. Gram, Seconded by Thompson AYES: Unanimous H. STAFF & TOWN MANAGER REPORTS 12) BLACKIE'S PASTURE STORAGE AREAS - (Oral Report) Town Manager Kleinert said the Town had not received satisfactory response from CAL/TRANS to the Town's requests to remove stored materials from Blackie's Pasture. Superintendent of Public Works Iacopi reiterated that CAL/TRANS had not received permission from the Town for storage. Iacopi also said that the gravel in the overflow parking lot where CAL/TRANS was piling debris and removing it was being ruined and would need to be restored. -- Iacopi said he had made numerous calls to CAL/TRANS asking for the materials to be removed. He said he was getting the "run-around" by being asked to call different people at different CAL/TRANS offices. Iacopi said he had marked some of the piles with paint and found that even thougj1 some were removed, others were put in their place. Town Manager Kleinert asked the Council for permission to escalate action. Council directed he and Town Attorney Danforth to take whatever action was necessary to ameliorate the situation. Superintendent Iacopi said he would like to do something in general about dumping at Blackie's Pasture. He said just the day before he had caught American Asphalt Company dumping materials there for a project on Via Los Altos. Councilmember Thompson said all dumping should be stopped, but if the Town gave permission [to local agencies or contractors] to store materials, it should be heavily compensated. Superintendent Iacopi agreed and noted that, in the past, the Town had received additional work from contractors in return for their ability to store materials at Blackie's Pasture. Mayor Bach said he would like to see the area remain a park and suggested that the Tiburon police step up its patrols to head off illegal dumping. ,-.. Town Council Minutes #1175 November 3, 1999 Page 7 1 L ADJOURNMENT There being no further business before the Town Council of the Town ofTiburon, Mayor Bach adjourned the meeting at 10:07 p.m., to November 9, 1999. . /} I A~_. DIANE CRANE IACOPI, ~ERK Town Council Minutes #1175 MOGEN November 3, 1999 Page 8 y ~ v ~ ;J