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HomeMy WebLinkAboutTC Min 1999-08-04 > r- TOWN COUNCIL MINUTES CALL TO ORDER Mayor Bach called the regular meeting of the Tiburon Town Council to order at 7:37 p.m. on Wednesday, August 4, 1999, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. A. INTERVIEWS Council interviewed Michael Lagios, 11 Benton Court, for the Bicycle/Pedestrian Ad Hoc Advisory Committee; and Jeanne Ortalda, 14 Paseo Mirasol, for the position of Town Historian. B. ROLL CALL PRESENT: COUNCILMEMBERS: Bach, Gram, Hennessy, Matthews, Thompson PRESENT: EX OFFICIO: Town Manager Kleinert, Town Attorney Danforth, Planning Director Anderson, Finance Director Stranzl, Superintendent of Public Works Iacopi, Police Lt. Aiello, Town Clerk Crane C. ANNOUNCEMENT OF CLOSED SESSION ACTION (If anv) Mayor Bach said there was no closed session. r' D. PUBLIC OUESTIONS AND COMMENTS None. E. COUNCIL. COMMISSION & COMMITTEE REPORTS None. F. CONSENT CALENDAR 1) TOWN COUNCIL MINUTES - No. 1166 - June 16, 1999; No. 1167 - July 7, 1999; No. 1168 - July 21, 1999 - (Adopt) 2) APPOINTMENT OF ACTING TOWN ENGINEER FOR ROUND HILL OAKS & TffiURON PENINSULA CLUB PROJECTS - (Adopt Resolution) 3) ROUND HILL OAKS SUBDMSION - A. Consider Offer of Acceptance of Open Space Easement over Portions of three lots - (Resolution) B. Consider Acceptance of Parcel Map - (Resolution) 4) AMICUS BRIEF REQUESTS - 1) Kajima/Ray Wilson v. Los Angeles County Metropolitan Transportation Authority - California Supreme Court No. S077461 (Review Granted May 26, 1999); 2) Gammoh v. City of Anaheim - 4 Civil No. 0020502; (petition for Review by Supreme Court) - (Approve) 5) TOWN MONTH INVESTMENT SUMMARY - As of June 30,1999 - (Accept) -. Town Council Minutes #1169 August 4, 1999 Page I ,....... MOTION: Moved: Vote: To approve Consent Calendar Items 1 through 5 above. Gram, Seconded by Hennessy AYES: Unanimous G. APPOINTMENTS TO BOARDS. COMMISSIONS & COMMITUES 6) TOWN HISTORIAN - (One Vacancy) Mayor Bach said that two candidates had been interviewed for the position. He noted that one of the candidates, Jeanne Ortalda, had strong archivist skills from her work with the Landmarks Society and was a long-time Tiburon resident. However, both Councilmembers Thompson and Matthews commented that the other candidate, Bran Fanning, had been involved with and had knowledge of the Town since its incorporation in 1964. Mr. Fanning had also served on the Town Council, and Thompson and Matthews thought this would be beneficial to the job. MOTION: Moved: Vote: To appoint Branwell Fanning as Town Historian. Thompson, Seconded by Matthews AYES: Unanimous 7) BICYCLEIPEDESTRIAN AD HOC ADVISORY COMMITTEE - (Appoint volunteers from Commission & Public) Vice Mayor Gram directed Staff to get a more precise picture of what was expected by the Congestion Management Agency from the Committee. Councilmember Thompson suggested _ getting copies of other cities' bicycle plans. it was noted that Novato and San Rafael had plans. Council moved to continue the item until more interviews were conducted and the above information obtained. H. NEW BUSINESS 8) 885 B, C & D TffiURON BOULEVARD: REQUEST FOR MODIFICATION OF SETTLEMENT AGREEMENT - (Toby & Sharon Power) Planning Director Anderson said that the Town had entered into a Settlement Agreement in June of 1998 which placed certain conditions on the subdivision of the Power's one-acre parcel into three lots. He said the Power's were now ready to record the parcel map, but wanted a change to one of the conditions imposed by the agreement concerning conversion of the existing duplex. Anderson said the agreement stated that conversion of the duplex must take place prior to the recordation of the parcel map finalizing the subdivision. However, he said Mr. Power was now proposing a new timeline which would require conversion of the duplex no later than three years from approval, or prior to the issuance of an occupancy permit for the new home to be constructed on the upper lot, whichever came first. The reason for the new proposal, according to Anderson, was to avoid creating a hardship for the ,..-.. Town Council Minutes # 1169 August 4, 1999 Page 2 Power's current tenants, whohad stated they would have to take their children out of school and ,...... mO'le out of the area, if the duplex were converted. ~ Anderson said the Town would lose some control once the subdivision map were finalized, and said there were even more options, such as changing the agreement to trigger the conversion at the time of issuance of a building permit and/or the occupancy permit. He said Staff recommended a definite date rather than the three-year deadline suggested by Mr. Power. Councilmember Thompson noted that the agreement was not being changed by the proposal, merely delaying implementation of the duplex conversion. During public hearing, Dixon Power, 885-B Tiburon Boulevard, Owner of the property, said he did not wish to be compelled to leave the duplex vacant if a current tenant moved out. In response to a question from Councilmember Hennessy, he said that he planned to convert the duplex in 1.5 to 4 years, and that the 3-year proposal had been based on the age of the present children in school. He also said the arrangement was a month-to-month tenancy. Frank Bonardi, 885-C Tiburon Boulevard, said his children needed three years to finish at Del Mar School. He said he would not be able to stay in Tiburon if he were forced to leave. Roy Little, Owlswood Lane, adjacent property owners, said he and his wife had no objection to the continued occupancy of the duplex, but would leave the decision to the Council's best judgment. ,... Julian Hoffinan, 925 Tiburon Boulevard, said he and his family also supported the proposal. Mayor Bach closed the public hearing. Council discussed the issue of whether or not to impose a condition to prevent future rental of the duplex if the current tenant left. It was noted that the legal definition of density is occupancy. MOTION: To amend the Settlement Agreement to require conversion ofthe duplex to a single family unit upon the issuance of a Certificate of Occupancy of the new home on Lot 3, and/or prior to future rentals of the duplex. Moved: Vote: Hennessy, Seconded by Gram Unanimous Mr. Power objected to the second part of the motion. Town Attorney Danforth said the Council had the right to ask him to do this. Council considered Mr. Power's request and moved to re-open the issue. MOTION: To amend the prior motion to allow the Power's to accept another tenant in the -. Town Council Minutes #1169 August 4, 1999 Page 3 event of a vacancy in the duplex [prior to the occupancy permit issuance], and to clarify that the ,....., current tenants could not sublet in the event of their vacancy. Moved: Vote: Hennessy, Seconded by Gram Unanimous 9) SPECIAL EVENT PERMIT - Lyford's Cove/Old Tiburon & Hillhaven Property Owners' Association Request for Block Party at 1707 Vistazo West - (September 4, 1999) Town Clerk Diane Crane said the special event permit said that 300-400 people would attend the party on Vistazo West over Labor Day Weekend which represented a three-fold increase over last year. She said that the Fire Department required that a lO-foot lane be kept open on the street for emergency vehicles, and that they were requesting that "no smoking" signs be posted along the length of the street where people congregated. Lt. Aiello of the Tiburon Police Department said it would be helpful to have a single person as a point of contact in case the police needed to respond to complaints and/or an emergency. During public hearing, Alice Fredericks, President of the Lyford Cove/Old Tiburon Homeowners' Association, said she had not received any complaints about last year's party. She responded to concerns regarding parking by stating that since it was a neighborhood party, most people walked to and from the festivities. She said the street had remained open and that the purpose of the party was to 'create neighborhood "bonding" and disseminate information regarding neighborhood disaster preparedness, in addition to having fun. - Dr. Richard Hitchen, 1711 Vistazo West, said he and some of the neighbors were concerned about fire safety. He suggested that with the growing number of people in attendance it might be better to hold the party at Paradise Park or some other location. Council approved the permit, subject to conditions imposed by the Tiburon Fire and Police Departments. In addition, Vice Mayor Gram suggested that two cell phone numbers be provided to the police for points of contact. 10) BLOCKING OF RESIDENTIAL STREETS BY CONSTRUCTION VEHICLES - (Letter from Stewart Hopkins dated July 21, 1999) Mr. Hopkins distributed some photographs to Council which showed a large construction vehicle blocking the street in his neighborhood. In addition, the photos showed street damage caused by this vehicle. Hopkins said he had reviewed the Town's Traffic Ordinance but found nothing to address these kinds of problems. Lt. Tom Aiello and Town Attorney Danforth said there were already measures on the books that the Town could use to enforce or prevent these kinds of problems. They noted the recently passed Street Impact Fee Ordinance, and Town Manager Kleinert said the Building Department or Police should be notified if these kinds of things were occurring. -. Town Council Minutes #1169 August 4, 1999 Page 4 ,...... L PUBLIC HEARING 11) 4900 PARADISE DRIVE - Ordinance Prezoning Approximately .28 Acres of Property to Town ofTiburon - AP#38-052-05 - (2nd Reading & Adoption) Council waived the Staff Report. Mayor Bach opened and closed the public hearing. There was no public comment. MOTION: Moved: Vote: To read Ordinance by Title only. Thompson, Seconded by Hennessy AYES: Unanimous Mayor Bach read, "An Ordinance of the Town Council of the Town ofTiburon Prezoning Approximately 0.28 Acres of Property Located at 4900 Paradise Drive, Assessor Parcel No. 38- 052-05. " MOTION: Moved: Vote: To pass Ordinance Prezoning 4900 Paradise Drive Hennessy, Seconded by Thompson AYES: Bach, Gram, Hennessy, Matthews, Thompson - 12) TOWN TWO-YEAR BUDGET PROGRAM - A. FINAL BUDGET ADJUSTMENTS TO FY99-2000 B. CAPITAL IMPROVEMENT PROJECT FY99-2000 C. FUND TRANSFERS Vice Mayor Gram said he had not received the information in time to be prepared to discuss it at this meeting. Council continued the item to August 18, 1999. J. STAFF & TOWN MANAGER REPORTS 13) PILGRIM HEIGHTS PONCOMMUNITY CONGREGATIONAL CHURCH ("CCC") ISSUES - (Oral Status Report by Town Manager) Mayor Bach and Vice Mayor Gram said they were prepared to propose a Council subcommittee be formed to address the ongoing issues between the neighbors in the Pilgrim Heights area and CCC. Town Manager Kleinert noted that he and the Planning Director had conducted a meeting at which agreement between the parties seemed to be reached, and proposed that one last meeting be held to try to resolve the outstanding issues prior to Council's involvement, if any. Council agreed to the Town Manager's suggestion, as long as agreement could be reached within 30 days. 14) CALITRANS - TffiURON BOULEVARD IMPROVEMENTS - (Oral Report by Town Manager) Town Manager Kleinert said that CALITRANS planned to overlay Tiburon Boulevard in Fall. He said he would provide more information as it became available. ,...... Town Council Minutes #1169 August 4, 1999 Page 5 -. K. COMMUNICATIONS 15) DESIGNATION OF VOTING DELEGATE - (Letter from League of California Cities President Carolyn Ratto, dated July 1999) Council designated Council League representatives Bach and Thompson. L. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Bach adjourned the meeting at 9:22 p.m., sine die. j/ M~~~ DIANE L. CRANE, TOWN CLERK ,.... ,....... Town Council Minutes # 1169 August 4, 1999 Page 6