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HomeMy WebLinkAboutTC Min 1999-09-01 ~ ,-.. TOWN COUNCIL MINUTES CALL TO ORDER Mayor Bach called the regular meeting of the Tiburon Town Council to order at 7:35 p.m. on Wednesday, September 1, 1999, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Bach, Gram, Matthews, Thompson Hennessy PRESENT: EX OFFICIO: Town Manager Kleinert, Town Attorney Danforth, Planning Director Anderson, Senior Planner Watrous, Associate Planner Theriault, Superintendent of Public Works Iacopi, Town Clerk Crane B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any) Mayor Bach said the action taken in closed session would be announced during "New Business-- Town Manager's Compensation - (Resolution)." r--- C. PUBLIC OUESTIONS AND COMMENTS None. D. COUNCIL. COMMISSION & COMMITTEE REPORTS 1) NEW POLICE STATION STATUS REPORT & OFF-SITE IMPROVEMENTS - (project Managers Wilson & Kern) Project Manager Wilson gave a lengthy report detailing the fact that the project was on budget but still not on schedule. He said that 14 change orders had recently been processed in the amount of$21, 053, which was way under the contingency budget of$160,000. He noted that the landscaping for the building had been installed by Public Works, and that the furniture for the building was mostly there. Wilson noted that the off-site street improvements had been on and off due to disputes with the utility companies. He said the most recent dispute was with MMWD over the extension of the fire hydrant line. Wilson said that contract would dig a joint utilities trench to resolve some of the issues. 2) ATT/TCI SYSTEM UPGRADE IN TffiURON - (Mayor Bach, David Kerr (AT&T), Pony Krueger (pG&E) - David Kerr, Director of Government Services for ATT/TCI, detailed the proposed expansion in Town Council Minutes #1171 September 1, 1999 Page 1 ,-.. Marin County which would allow both an increased number of [cable] channels, as well as adding high-speed internet access to all service-area customers. Eventually, Kerr said, his company planned to add telephone service, as welL Kerr said there were still some areas of Tiburon that did not have cable service, in particular, one large pocket in the Sugarloaf area. He said that because the utilities were not undergrounded in this area, it would be a "big ticket" item to expand cable service. His estimate was between $600 and $800,000. . Mayor Bach asked if ATT/TCI was planning to extend service to the aforementioned area. Vice Mayor Gram asked not if, but when. Kerr suggested a meeting with the homeowners in the area. During public hearing, Dr. Trahms, Sugarloafresident, said he had conducted a survey in which 75% of the affected homeowners said they would subscribe to ATTffCI services if they were offered in the area. A Paradise Drive resident also wanted to know when cable would be extended to his area. Mayor Bach said the expansion of the ATT/TCI service meant larger utility poles. He noted that the City of Belvedere had 450 poles, only 10 of which would be heightened as a result of the expansion. I'*"' Jocelyn McDonald, Hilary Drive, complained that when TCI did its last big cable expansion, the new lines and poles went down Hilary Drive, which placed an unfair burden on their neighborhood. She said she did not want this to happen again. Mayor Bach closed the public hearing. Jeff Richardson, senior Project Manager, PG&E, said more 41 poles needed to be replaced within the Tiburon Town limits to accommodate the expansion: 2 on Eastview, 35 in the Trestle Glen area, and 4 or 5 in the Reed area. He said the poles had to be replaced to provide space for TCI to get on them. Richardson anticipated that the project would be complete by October 1. Councilmember Matthews asked how much more equipment was going to be placed on the poles. Richardson said the amount of equipment was dictated by the tenant, in this case TCI. Mayor Bach asked ifPG&E could notifY either Public Works or the Building Department before they installed the poles and their exact location. Richardson said a list oflocations could be provided. Sarah Eckvall, resident of Eagle Rock, said a huge pole had been placed in her area, which was now blocking the view from her family's deck. She said they had spent their savings to add a new story onto the house, which was now compromised. - Town Council Minutes #1171 September 1, 1999 Page 2 r--- Mr. Richardson responded that PG&E was not in the business of ruining views but was required by law to accommodate its tenants, joint owners or facilities. E. CONSENT CALENDAR 3) AMICUS BRIEF REQUESTS - a) Headlands Reserve LLP v. City of Dana Point, 4th Civil No. G024366; b) Kathleen R v, City of Livermore, Cal. Ct. App. I" Dist., Div. 4 - (Approve) 4) 2223 & 2227 CENTRO EAST STREET - Town Council Denial of Appeal of Conditions of Approval- (Adopt Resolution) 5) TOWN COUNCIL MINUTES - #1169, August 4, 1999 - (Adopt) 6) NOTICE OF COMPLETION - STREET MAINTENANCE PROJECT NO. 98-SM-01 (Including Flood Control Zone $4 Curb, Gutter and Drainage Improvements in the Bel Aire Neighborhood) - (Adopt Resolutions) 7) REQUEST FOR WAIVER OF ANNEXATION: 3564,3600 & 3628 PARADISE DRIVE; Marion Hill, Lawrence & Nancy Goldberg, and Ruth Goldstein, Owners & Applicants - AP Nos. 38-031-12, 04 & OS - (Approve Agreement between Owners & Town of Tiburon) MOTION: Moved: Vote: To approve Consent Calendar Items 3 through 7, above Matthews, Seconded by Thompson AYES: Unanimous ABSTAN: Gram, August 4,199 Minutes ABSENT: Hennessy I'*"' F. PUBLIC HEARING 8) AMENDMENT TO ZONING ORDINANCE - Design Review for Utility Poles - (Introduction and First Reading) Town Attorney Danforth said the proposed ordinance had been prepared at the direction of the Town Council and had been sent to the Planning Commission for review and comment. She said the gist of the ordinance was to require Design Review approval before PG&E established, replaced or enlarged its facilities. Danforth said the purpose was not to block that State mandate of the utility companies, but rather to allow them to offer conditions which would mitigate the effects of expansion or enlargement, and to provide notice to impacted neighbors. She said it would also allow the Town to impose conditions on said expansion/enlargement. Vice Mayor Gram asked if the Ordinance covered larger wires and boxes on poles. Town Attorney Danforth said the ordinance used the word "facilities" which was not clear and could be amended. Mayor Bach opened the public hearing. Marie Gaynor-Murphy, PG&E Government Representative for Marin, Napa & Solano Counties, said communication was at the heart of the debate. She said passing an ordinance was not the -- Town Council Minutes #1171 September 1, 1999 Page 3 1""'. right direction to go since PG&E's mandates did not allow input into the size and shape of poles, and further, that utility poles were not subject to CEQA Further, Murphy said, there were operational concerns. Any review might cause delays to her companies' already tight construction schedule, not to mention an impairment of emergency "on- the-spot" response. She suggested instead an improvement in communication between the utilities and the Town. Nina Nikolich, Director of External Affairs for Pacific Bell, said that ATT/TCI occupied the lower space on the utility poles, along with Pacific Bell. She suggested the Town consider passing a "notification ordinance" which would not impinge on the complex operations ofPG&E. In response to a question from Vice Mayor Gram, Ms. Nikolich said the only thing other "view oriented" communities have done to address this issue is to underground their utilities. Vice Mayor Gram expressed skepticism at a so-called notification ordinance, suggesting it would merely inform residents after the fact. Both Nina and Marie Gaynor-Murphy responded that their companies attempted to check for the best sites on a case-by-case basis before installing utility poles. ".-... Mayor Bach noted that the older communities of Southern Marin were being hit harder with the proposed pole changes than the newer (undergrounded) subdivisions. Councilmember Thompson agreed that undergrounding utilities was in everyone's best interest, and proposed increasing or escalating funds to do so. Joe Keller, Hilary Drive, urged the Council to pass the ordinance. Jocelyn McDonald concurred. Mayor Bach closed the public hearing. Councilmember Thompson said design review would, in effect, be a notification process. Vice Mayor Gram concurred, stating that it would allow a forum for feedback to the utilities. Councilmember Matthews said he was not convinced that notification would help in the long run, but agreed that it was in the best interests of the Council's constituents. Mayor Bach expressed concern about the legality of such a review process, but questioned whether the current process really worked. Town Manager Kleinert said he felt strongly about letting the public review where poles were ,-.. placed. He said it might help avoid the "Hilary Drive" situation in the future. Town Council Minutes #1171 September 1,1999 Page 4 I'*"' Town Attorney Danforth said Council's concerns were well founded and agreed that the Town could not contradict State Law. She said review of utility poles was not perfectly adapted to design review, but it might allow a choice oflocations, for instance. Danforth also said that the proposed ordinance should not adversely affect PG&E's regular construction schedule. Planning Director Anderson added, in response to a comment by Mr. Richardson, that he did not know of any [pG&E] business customers within the Town that would require the addition of new poles. Town Manager Kleinert said the burden of under grounding utilities should not be solely the Town's. He said it should also be up to the utility companies to advocate for more Rule 20A funding for projects. MOTION: Moved: Vote: To read ordinance by title only. Thompson, seconded by Matthews AYES: Unanimous ABSENT: Hennessy Mayor Bach read, "An Ordinance of the Town Council of the Town ofTiburon Amending Chapter 16 of the Tiburon Municipal Code, Pertaining to Regulation of Utility Distribution Poles and Facilities." _ MOTION: To pass first reading of above ordinance, with additional language concerning "equipment on poles." Moved: Thompson, seconded by Gram Vote: AYES: Bach, Gram, Matthews, Thompson ABSENT: Hennessy 9) AMENDMENT TO KUHNS PRECISE PLAN (PD#31); 1, 5 & 9 Stevens Court - (Adopt Resolution) Senior Planner Watrous said the proposed amendment was by the owners of the property at 5 Stevens Court, and consisted of an increase in floor area for all three parcels in the subdivision. He said the Planning Commission recommended approval after contrasting the current application to a previous denial in 1995. Watrous said the amendment would increase the FAR by 1510 square feet to a total of 5110 square feet. He said the current maximum called for in the precise plan was 3600 square feet, including garage. Counci1member Matthews asked if the amendment would affect the surrounding properties. Watrous replied that the change was only within the applicant project's (5 Stevens Court) bulk and mass. I""" Town Council Minutes #1171 September 1, 1999 Page 5 ~ Watrous noted that the other two homes were already built and responded to Councilmember Matthews' question further that any future expansion would be within the existing walls of those two homes. Vice Mayor Gram reiterated this fact in considering approval of the amendment. Mayor Bach opened the public hearing. Tom Gallagher, representing the applicants, said he would answer any questions. Nat Marans, Spanish Trail, urged the Council to stick with the Master Plan and not to let "castles" be built everywhere in Tiburon. Vice Mayor Gram said language should be added to the resolution precluding any variance to the FAR allowance. MOTION: Moved: Vote: To adopt Resolution amending Kuhns Precise Plan, as amended. Matthews, Seconded by Gram AYES: Unanimous ABSENT: Hennessy r"' 10) APPEAL OF DESIGN REVIEW BOARD DECISION - 418 Greenwood Beach Road - (Appeal of Design Review Board Decision placing conditions on addition to House) - AP Nos. 55-031-04 & 55-121-08 - (philip Richardson, Applicant/Appellant) - Continuedfrom August 18, 1999 Mayor Bach noted the FAX from Mr. Richardson, d~ted August 30, 1999, requesting a withdrawal of his appeal. 11) APPEAL OF DESIGN REVIEW BOARD DECISION - 435 Ridge Road - (Appeal of Decision to grant Application for Variance/Design Review) - AP No. 59-082-22 - (Mark Garay, Applicant; Fred & Casey Hannahs, Appellants) - 2nd Notice of Continuance Request for Continuance noted. 12) APPEAL OF DESIGN REVIEW BOARD DECISION - 696 Hilary Drive - (Appeal of Decision to Grant Variance for Remodel of Single Family Residence) - AP No. 55-212-04; Marc & Jean Gineris, Applicants; Alfred & Jude Agajan, 694 Hilary Drive, Appellants Associate Planner Theriault said the existing house was built on a substandard size lot which allowed 33% lot coverage in a 30% zone. She said the Design Review Board had voted unanimously to approve the variance with conditions. --- Mrs. Agajan, 694 Hilary Drive, said that of the 40 original homes on Hawthorne Terrace, not one had violated its original site plan up until now. She said she objected to Staff's characterization of this particular lot as "substandard," and contended that all the lots were so. She said the proposed Town Council Minutes #1171 September 1, 1999 Page 6 I'*"' changes to 696 Hilary would be a disruption to the neighborhood and a detriment to the public good. . Jean Generis, 696 Hilary Drive, Applicant, responded to Council's questions. She said the new chimney was on the downslope and the roofline had been raised only nine inches in consideration of the neighbors. She said that she had met previously with Mr. Agajan who claimed to have no objections to the project. She also noted that there had been remodels of at least six other homes in the neighborhood, and that her own house .had been remodeled once prior to she and her husband's purchasing it. Finally, Ms. Generis noted that her request for an additional seven feet to livingroom had been withdrawn. During rebuttal, Mrs. Agajan said her husband had been raised in Japan where it would have been considered impolite to object to something while being the guest in someone's home. Mayor Bach closed the public hearing. Councilmember Matthews noted there had been considerable upgrading of the homes within the subject neighborhood over the years, and that the application was within the sideyard set-back requirements. Councilmember Thompson that the terracing within the neighborhood was thin and that any changes to the existing homes did, in fact, affect views. He said he would vote to grant the _ appeal. Vice Mayor Gram said the question was how to adapt and upgrade to inevitable changes to older homes, and suggested that some landscaping might be added. Mayor Bach concurred with Gram and suggested that perhaps the fence would be raised to eight feet for screening. MOTION: Moved: Motion died. To approve the project but keep the existing roofline. Thompson, no second. Moved: Vote: To deny the appeal and approve the application for remodel at 696 Hilary Drive, with additional screening and landscaping. Matthews, Seconded by Gram AYES: Bach, Gram, Matthews NOES: Thompson MOTION: Council moved to Item No. 16: CCC & PHHA AGREEMENT. Town Manager Kleinert said that Council had set a deadline of30 days from the August 4 Council meeting for the two parties to reach agreement on their outstanding issues. He said Staff --- Town Council Minutes # 1171 September 1,1999 Page 7 - had met with CCC & PHHA representatives on August 20, and was informed by CCC member Dave Hudnut in subsequent conversation that the terms of the proposed agreement were generally acceptable and would be presented to the CCC Board for their approval. However, Town Manager Kleinert noted that he had received correspondence on Monday (August 30) from PHHA stating that their [homeowners'] group now wanted 24 conditions placed on CCC which were many more than the aforementioned proposal. Kleinert said that Staffs reaction was that the neighbors were asking for too much. In light of the failure of the two parties to reach agreement, Town Manager Kleinert recommended that the Planning Commission review the Community Congregational Church~s use permit. Ann Lacey, President of the Pilgrim Heights Homeowners' Association, said CCC had previously prohibited amplified music and that PHHA wanted that condition honored. Ian Pearson said the 24 points were given as suggestions, not demands. Town Attorney Danforth replied that the 24 conditions were extreme and the matter should be sent straight to the Planning Commission, since whatever decision was rendered would probably be appealed to the Town CounciL ,-.. Dan Maskell, Rock Hill Drive resident since 1965, said he had been involved in negotiations with CCC since 1980. Council agreed to refer the matter to the Planning Commission for further action. NEW BUSINESS 13) TOWN MANAGER'S COMPENSATION - (Resolution) Mayor Bach said the Council had awarded a $10,106 per month (4% annual) salary increase to the Town Manager, along with a $25 per month increase in medical benefits. MOTION: Moved: Vote: To adopt resolution adjusting Town Manager's salary and benefits, as noted. Gram, Seconded by Thompson AYES: Unanimous ABSENT: Hennessy G. APPOINTMENTS TO BOARDS. COMMISSIONS & COMMITTEES 14) BICYCLEIPEDESTRIAN AD HOC ADVISORY COMMITTEE - A. Appointment of Council/Commission Volunteers MOTION: To appoint Andrew Thompson (Town Council); Lisa Klairmont and Nancy Knoble (planning Commission); Jordan Eth (pOSC); and Fred Mayo (Jt. Recreation Committee) ro Town Council Minutes # 1171 September 1, 1999 Page 8 .' --- Moved: Vote: Thompson, Seconded by Gram AYES: Unanimous ABSENT: Hennessy B. Appointment of Public Volunteers MOTION: To appoint Tyler Phillips and Peter Winkler to the Committee. Moved: Thompson, Seconded by Gram Vote: AYES: Unanimous ABSENT: Hennessy I. STAFF & TOWN MANAGER REPORTS 15) DOWNTOWN MAIN STREET ASSESSMENT DISTRICT - (Town Manager) Town Manager Kleinert said the next step was a meeting with the property owners to determine the assessment spread. 16) CCC&PHHA AGREEMENT - (Town Manager) (See above) 17) TOWN NEWSLETTER - OCTOBER MAILING SCHEDULE - (Town Clerk) Item noted. --- 18) TOWN COUNCIL CANDIDATE ORIENTATION WORKSHOP - (Scheduled for September 9, 1999) Item noted. 19) ROUND HILL OAKS SUBDIVISION - Four lots off of Round Hill Road - (Oral Status Report, Planning Director) Planning Director Anderson said the new owner (TRI) would start work on the project next week. J. ADJOURNMENT There being no further business before the Town Council of the Town ofTiburon, Mayor Bach adjourned the meeting at 11 :00 p.m., sine die. ATTEST:~ DIANE L. CRANE, TOWN CLERK - Town Council Minutes #1171 September 1,1999 Page 9