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Home My WebLink AboutTC Min 1999-07-21 . ^ TOWN COUNCIL MINUTES CALL TO ORDER Mayor Bach called the regular meeting of the Tiburon Town Council to order at 7:38 p.m. on Wednesday, July 21, 1999, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Bach, Gram, Hennessy, Matthews Thompson PRESENT: EX OFFICIO: Town Manager Kleinert, Town Attorney Danforth, Planning Director Anderson, Superintendent of Public Works Iacopi, Town Clerk Crane B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If anv) Mayor Bach said no action was taken in closed session. C. PUBLIC OUESTIONS AND COMMENTS None. - D. 1) COUNCIL. COMMISSION & COMMITTEE REPORTS STEWART DRIVE/TlliURON BL YD. INTERSECTION IMPROVEMENTS - (Council Subcommittee - Vice Mayor Gram & Councilmember Thompson) Vice Mayor Gram said the subcommittee had met with a high-level CAL/TRANS official who had agreed to a warrant study, beginning in September, in order to measure peak traffic levels. Gram said that only one accident had been reported at the intersection in the last year. He also noted that one of the 11warrants criteria considered by CAL/TRANS in determining whether a light should be installed is safety. Gram said CAL/TRANS indicated a willingness to remove trees and shrubs at the intersection which cast shadows or had adverse visual impacts for motorists. -. - 2) DOWNTOWN MAIN STREET ADA IMPROVEMENTS - (Mayor Bach/Vice Mayor Gram) Town Attorney Danforth said that several signatures to the settlement agreement were still required. Mayor Bach said an ad hoc committee of people involved in the improvements and assessment district had met to review the conceptual plans. He said the meeting went well and the plan was moving forward. /~ E. CONSENT CALENDAR ..... Town CouncilMinules #1168 July 21,1999 Page I ,..... No items. F. UNFINISHED BUSINESS No items. G. NEW BUSINESS 3) END OF WARREN'S WAY: OPEN SPACE & CONSERVATION EASEMENT AND PARCEL MAP - AP Nos. 34-360-11; 38-182-20 & 38-182-11; Fred Grange, Owner/Applicant A) Consider Grant of Open Space & Conservation Easement B) Consider Acceptance of Parcel Map for Lot Line Adjustment and Offers of Dedication A) Planning Director Anderson said that the applicant, Mr. Grange, had submitted the offer of open space and conservation easement to the Town, and that Staft's recommendations had been incorporated into the language of the document, along with some of the concerns raised by the Karen Way neighbors. The neighbors' primary concerns, according to Anderson, were that they not be precluded from seeking lot line adjustments and the ability to install landscaping at any future date. He also said some were concerned about increased pedestrian access to the area. -. Concerning the latter issue, Councilmember Hennessy noted that she thought the easement was primarily used by children walking to Bel Aire School. Anderson said that if Council accepted the easement, Staff would like to ensure that any future fencing and landscaping would be uniform and reasonable. Applicant's representative, Tom Newton, said that Mr. Grange was currently selling the railroad parcel adjacent to Karen Way to a Mr. Benbem, and it was in escrow. He said he had not been a party to the negotiations, nor to the proposed sale of portions of the parcel to the adjoining neighbors for the stated amount of $5,000 per [Karen Way] parcel. Vice Mayor Gram said he was opposed to the idea of someone getting financial gain by selling off portions of the easement and likened it to "double-dipping." Councilmember Hennessy thought the issue had become moot through Council's conditions [no increase to FAR's through future lot line adjustments] on the approval of the application. Vice Mayor Gram said he viewed acceptance of the easement as "Town property" and that he would like the Karen Way neighbors to be able to seek lot line adjustments without having to pay for them. Gram said he thought this had been achieved by [Council] granting Mr. Grange his own lot line adjustment on Parcel 15 of the Highlands. /~ - Town Council Minutes # 1168 July 21, 1999 Page 2 ;-.. Mayor Bach asked whether it was in fact a private easement. Planning Director Anderson replied that the Town could only accept easements on behalf of the public and not for private individuals. During public hearing, Christopher Wand, Burrell Court, owner of a lot adjacent to Parcel 15, said he and his immediate neighbors were in full support of the neighbors on Karen Way being able to install fences. He also said that he felt the agreement to purchase the railroad parcel by the neighbors was already a "done deal," and they should be able to do so to achieve increased privacy. Vasco Morais, 321 Karen Way, said he had been involved in the proposed sale because his house was exposed and he would like to achieve more privacy. He said that the negotiations had been going on for five years, and the purchase price was $50,000 to be divided between 11 parcels. Morais said that the neighbors had come to terms with the deal and that he was concerned at the prospect of going back to Mr. Grange to revisit it. Mr. Morais said the neighbors also proposed to Council that the easement be granted to the Karen Way neighbors as a private easement for use by the public. He said that would take away the Town's need to maintain it. Euo Blahut, 20-year resident of the area, speaking for the upper Karen Way neighbors, said he had always maintained and landscaped the hillside above his lot, and suggested that he had _ prescriptive rights as well. Town Attorney Danforth addressed the easement issue. She said there were actually three easements--an open space easement that would allow no development; an access easement for continued public use by pedestrians which was located primarily on the old railroad bed; and an emergency vehicle easement which approximates the pedestrian easement. Danforth said that one reason the Town sought an easement instead of the underlying fee ownership of the property was to ensure that liability remained with the fee owner. Vice Mayor Gram asked if there was any way for the Town to restrict or preclude the proposed lot line.adjustments. Town Attorney Danforth replied that State Law allowed adjoining owners broad rights to adjust their mutual property line. She noted, however, that the Council had limited the value of doing so by restricting uses and preventing FAR increases. Mayor Bach questioned whether that meant that Lot 15A & B could be further subdivided. Planning Director Anderson replied that no further subdivision would be possible. /~ Councilmember Hennessy asked if the Karen Way neighbors understood that they were assuming liability for the portions of the railroad parcel they planned to purchase. She also asked jfthe upper Karen Way neighbors could also purchase a portion of the railroad parcel from Mr. Grange. ,.. Town Council Minutes #1168 July 21, 1999 Page 3 ,-.. Vasco Morais replied affirmatively to the first question and stated that the asking price was too high to the second. MOTION: Moved: Vote: . To adopt Resolution accepting a Grant of Open Space & Conservation Easement over Two Former Railroad parcels located at the end of Warren's Way - AP Nos. 38-322-11 & 38-182-20 Hennessy, Seconded by Gram AYES: Unanimous ABSENT: Thompson B) Acceptance of Parcel Map. Planning Director Anderson said the parcel map included dedications for public pedestrian easement, an emergency vehicle access easement, and an emergency vehicle turnaround easement. He said Staff recommended approval and acceptance of all three easements. MOTION: Moved: Vote: To approve parcel Map for the Adjustment of Lot Lines on three parcels ofland located at the end of Warren's Way (Grange) - AP Nos. 34-360-11; 38-322-11 & 38-182-20. Gram, Seconded by Hennessy AYES: Unanimous ABSENT: Thompson - H. 4) PUBLIC HEARING 4900 PARADISE DRIVE - Prezoning of Parcel to RO-2 Zone to become Effective upon Annexation to the Town of Tiburon - Alexander Bischoff, Applicant - AP#038-052-05 Planning Director Anderson said the applicant sought to annex the property in order to join Sanitary District 2 (Corte Madera). He said the Planning Commission recommended approval and that LAFCO would review the actual application for annexation. MOTION: Moved: Vote: To read Prezoning Ordinance by Title only. Hennessy, Seconded by Gram AYES:.. Unanimous ABSENT: Thompson Mayor Bach read, "An Ordinance of the Town Council of the Town of Tiburon Prezoning Approximately 0.28 Acres of Property Located at 4900 Paradise Drive, Assessor Parcel No. 38- 052-05. " MOTION: Moved: Vote: ,..-.. I. July 21, 1999 Page 4 , To pass first reading of above Ordinance. Gram, Seconded by Matthews AYES: Bach, Gram, Hennessy, Matthews ABSENT: Thompson STAFF & TOWN MANAGER REPORTS Town Council Minutes #1168 ,'"-. - - Town Manager Kleinert said Peter Banning had been appointed as LAFCO Executive Officer. J. COMMUNICATIONS None. K. ADJOURNMENT There being no further business before the Town Council of the Town ofTiburon, Mayor Bach adjourned the meeting at 8:32 p.m., sine die. ATTE ST~..... I / , c ~ . -- , DIANE L. CRANE, TOWN CLERK Town Council Minutes # 1168 July 21,1999 Page 5