HomeMy WebLinkAboutTC Min 2002-04-03
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TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Matthews called the regular meeting of the Tiburon Town Council to order at 7:35 p.m.
on Wednesday, April 3, 2002, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon,
California.
ROLL CALL
PRESENT:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
Fredericks, Gram, Matthews, Thompson
Slavitz
PRESENT:
EX OFFICIO:
Town Manager McIntyre, Town Attorney Danforth,
Senior Planner Watrous, Associate Planner Lynch,
Chief of Police Odetto, Director of Administrative
Services McVeigh, Director of Public Works/Town
Engineer Echols, Building Department Secretary
Fennell, Building Official Bloomquist, Town Clerk
Crane Iacopi
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Section 54956.9(b)(3)(B)
Claimant: MERA demand for antenna site approval from the Town of Tiburon
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Section 54956.9(a))
Round Two Development v. Town ofTiburon
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION. IF ANY
Mayor Matthews said that no action was taken.
INTRODUCTIONS
Introduction of Newly Appointed Tiburon Police Sergeants and Reserve Officer
. Sergeant Jim McVeigh
. Sergeant Mike Mourgos
. Reserve Officer Mike Mojabi
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Town Council Minutes # 08-2002
April 3, 2002
Page I
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ORAL COMMUNICA nONS
Al Aramburu, Marin Association of Realtors, asked for Council's consideration in amending
the Town's sign ordinance to allow for a change in the open house days used by realtors in
the Town ofTiburon. Mr. Aramburtl said the realtors wanted to change the date for brokers'
open houses from Thursday to Wednesday, on a trial basis. The Town's ordinance currently
allowed signs to be posted on public streets on Thursdays and Sundays. He said they would
determine after a three-month trial period whether to choose one weekday over the other.
Mr. Aramburu thanked Chief Odetto and Town Manager McIntyre for responding to his calls
on this issue.
Council directed Staff to agendize the matter for public hearing. Town Attorney Danforth
suggested that Council could amend the ordinance to keep Sunday as an allowed sign day but
could also designate one additional day by resolution in order to preclude future amendments
to the Town's ordinance.
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Allan Littman praised outgoing Councilmember & Mayor Harry Matthews for having served
the Town in its "highest tradition". Ken Johnson welcomed him to the City of Belvedere.
CONSENT CALENDAR
I. Approval of Town Council Minutes - March 20, 2002
2. Report by Director of Administrative Services - Monthly Investment Summary Report -
February 2002
3. Recommendation by Public Works Directorffown Engineer - Acceptance of
Centro West-Raccoon Lane Storm Drainage Project as Complete
(a) A Resolution of the Town Council of the Town of Tiburon
Accepting Centro West-Raccoon Lane Storm Drainage Improvements
(Project No. 6940-E-002)
4. Recommendation by Planning Director - 200 and 210 Gilmartin Drive: Parcel Map
and Subdivision Improvement Agreement; AP No. 39-171-05 (Portion) - Alexander &
Binyamina Anolik, Owners and Applicants
(a) A Resolution of the Town Council of the Town of Tiburon Approving a
Parcel Map for the Creation of Two lots on 4.0 Acres at the end of Gilmartin
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Town Council Minules # 08-2002
April 3. 2002
Page 2
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Drive; Accepting a Grant of Open Space Easement over a Portion of said 4.0
Acres; Approving an Agreement Regarding Payment of Serpentine Bunchgrass
And Park and Recreation in-Lieu Fees; Approving an Agreement Regarding
Installation and Maintenance of Driveway Landscaping and Irrigation; and
Accepting a Quitclaim Deed with reservation for Driveway Access;
(200 and 210 Gilmartin Drive; Anolik) - AP #39-171-05 (portion)
Mayor Matthews noted that Item No.4 was being removed at the request of the applicant.
MOTION:
Moved:
Vote:
To adopt Consent Calendar Items I through 3, above.
Thompson, seconded by Fredericks
AYES: Unanimous
ABSENT: Slavitz
REGULAR AGENDA
5. Report by Mayor Matthews - Downtown Plaza Art Selection Committee Update
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Mayor Matthews gave the Council a brief update, noting that the Selection Committee had asked
the chosen artist, Mr. Deutsch, to come back with a redesign of his sculpture that would include a
water element and address some safety issues. He said the Selection Committee would make a
recommendation for final approval of the sculpture to the Council in May. and that the Council
would be the body authorized to sign the contract with the artist.
Matthews said that fundraising for the project was well underway, with several commitments
from donors already received. He said he would continue to serve on the fundraising committee,
comprised of him, Sabra Drohan, and Robin Daly, after stepping down from the Council.
6. Report by the Library Director - Annual Report of the Belvedere- Tiburon Library
Agency
Members of the Library Agency Board of Directors were introduced by Library Director Deborah
Mazzolini. Ms. Mazzolini then gave a Power Point presentation and five-year overview of the
Library's growth and progress to date. She invited the Council to the 5th Anniversary Party on
April 13.
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Mayor Matthews called for a short recess after introducing charter Councilmember Anne
Ellinwood who had brought a cake in celebration of Mayor Matthews' last meeting.
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Town Council Minules # 08-2002
April 3, 2002
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7. Report and Recommendation by Belvedere- Tiburon Disaster Advisory Council-
Request for Funding
Council Co-Chairs Judy Bloch and Tom Cromwell gave the report. Council member Greg
Fennell was also in the audience.
Dr. Cromwell said that the mandate of the Council, according to State legislation, was to assess
disaster response in a community and determine how to prepare for, respond to, and recover from
any major disaster. He said that a previous proposal for a field hospital had been explored but
was now being "de-emphasized" by the Council.
Co-Chair Bloch said the current recommendation of the Council was to educate the community
through several mailings per year. She referred to the proposed budget of$2,400 and said the
cost would be split 50/50 with the City of Belvedere.
Council member Greg Fennell explained how the mailings would work and the target dates for
each mailing.
Moved:
Vote:
To appropriate $1,200 for Disaster Advisory Council commlillity mailings for the
current fiscal year, to be carried forward into the next fiscal year, if needed.
Gram, Seconded by Fredericks
AYES: Unanimous
ABSENT: Slavitz
MOTION:
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8. Report and Recommendation by Recycling Coordinator -Status Report and
Adoption of a Proclamation Declaring April as Waste-Free Month
Recycling Coordinator and Town Staff member Romney Fennell gave COlillcil an overview of
the successes of the recycling program both County and Town-wide. She noted that Marin
County was above average in its waste reduction (60%) as compared to the State-wide average
(42%). She also noted that Tiburon led the County with 63% waste reduction, of which 6-9%
was a result of the Town's adoption ofa "green can" program.
Ms, Fennell listed other measures to encourage recycling that had been instituted by the Town
after the sunset of the Town's Recycling Committee in 1999. She recommended adoption of the
proclamation by Council to declare April as "waste-free" month,
Council thanked Ms. Fennell for her efforts as Recycling Coordinator and for her report.
MOTION:
Moved:
Vote:
To adopt above resolution.
Gram, seconded by Thompson
AYES: Unanimous
ABSENT: Slavitz
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Town Council Minutes # 08-2002
April 3. 2002
Page 4
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9. Report and Recommendation by Town Manager- Town Hall Space Planning
Town Manager McIntyre summarized the report which had been presented on April 3, 2002. He
said that a redesign or reconfiguration of the space at Town Hall was needed to accommodate the
three new Town Staff positions authorized by Council.
McIntyre said that $40,000 had been approved in the current budget for this remodel, and the
space planner Susan Travis had come up with several scenarios on how to accomplish the
increase of approximately 250 square feet of useable office and storage space.
According to McIntyre, the three current options available for Council consideration were the
conversion of a) the storage room in the Jt. Recreation Department for Planning and Building
files; b) the conversion of the existing kitchen on the 2nd floor at Town Hall; or c) the conversion
of the existing bathroom on the 2nd floor at Town Hall.
Vice Mayor Gram opened the public hearing.
Bob McCaskill, Chairman of the Jt. Recreation Committee, said that although the committee had
been willing to consider the first option, it had changed its mind after learning of the impact on
morale and the 15-20% reduction of space to the Jt. Recreation Department. He asked Council to
consider other alternatives.
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Andrea Morgan, Heritage & Arts Commissioner, 56 Lower North Terrace, asked Council not to
convert the kitchen. She said she was speaking on behalf of Town Staff member Joan Palmero,
as well as the Heritage & Arts Commission, who frequently utilizes the space for functions at
Town Hall.
Vice Mayor Gram closed the public hearing.
Gram said he had spent 10 hours on the matter, and although he directed the Town Manager to
take the Jt. Recreation proposal off the table, he said he would approve whatever plan the
Manager came up with next.
Mayor Matthews said the third option seemed to be the least controversial.
Councilmember Thompson said that the space at Town Hall was limited due to the fact that it
wa~ built as a "no tax solution" approved by the electorate. However, he said he was confident
that a solution to the problem would be found that worked for everyone.
Town Manager Mcintyre asked if Council approved the remainder of the plan, consisting of a
floor plan showing office locations and new work stations on the ground floor of Town Hall.
However. Councilmember Thompson said that a copier would have to be purchased that would
fit into the "bisected" space of the proposed new copy room.
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Town Council Minutes # 08-2002
April 3, 2002
Page 5
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Council indicated its aooroval of the remainder of the conceotual olan.
10. Recommendation from the Traffic Safety Committee - Installation of a Stop Sign at
the Comer of Hilarv Drive and Rock Hill Drive
(a) A Resolution of the Town Council of the Town of Tiburon
Authorizinl! the Installation ofStoo Si2ns at the Intersection
Of Hilarv Drive and Rock Hill Drive
Director of Public Works/Town Engineer Echols gave the report, which he said was continued
from the Aoril 3. 2002 meetin2 to allow for more oublic inout.
Echols said the Traffic Safety Committee had formulated their recommendation based upon the
results of the W-TRANS traffic study and traffic consultant. Dana Whitlock. He noted that
meetin2s conceminl! traffic safety issues within the tanzeted neil!hborhoods had also taken olace.
In response to a question from Council, Chief of Police Odetto said that the stop signs being
orooosed were not discussed in the rst. Hilarvl neil!hborhood meetin2. but that all the nei2hbors
had been notified of the orooosal.
Vice Mavor Gram ooened the oublic hearinl!.
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Barb Elliott, 700 Hilary Drive, said she attended a Traffic Safety Committee meeting last
summer. and concurred that the stoo sil!ns were needed safety measures.
Deborah Bendenelli, 735 Hilary Drive, said that although she was in support of the proposed 4-
way stoo sil!n. further steos should be taken to slow down traffic on the "runwav" leadin2 to the
school. She said the posted speed of25 mph was too fast and she would like to see a flashing
si!ffi that indicated the soeed to be 15 moh zone when children were oresent.
Ms. Bendenelli also complained that the St. Hilary traffic monitor program that had been
imoosed as oart of Council's aooroval of the exoansion oroiect was ineffective at times because
monitors were not oresent.
Joe Keller, corner of Rock Hill and Hilary Drive, asked Council to exercise caution and restraint
before oaintinQ the street "like a checkerboard."
Vice Mavor Gram closed the oublic hearinl!.
Councilmember Thompson said that although he was not in favor of an electrified sign as
recommended bv Ms. Bendenelli. he felt that the safety measures beinQ orooosed were oart of the
success of the "Kids Safe Camoai!ffi" and said he would vote to endorse them.
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Tuum Council Nfinlltes # 08-~(}02
;Inri! 3 2002
Page 6
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MOTION:
Moved:
Vote:
To approve the proposed stop signs by resolution.
Thomoson. seconded bv Fredericks
AYES: Unanimous
A R"-t:'l\TT" "-hnrlt'7
Pllm TCHEA RlliD
11. Appeal of Planning Commission Decision - 3 Owlswood Road - Application to
Amend the Owlswood West Precise Plan and Reauest to Adiust Buildin!! Envelooe and
Increase the Floor Area for the Residence at 3 Owlswood Road - Property Owners
William and Paula Uoson: Al Vonderwerth. Aooellant - AP No. 058-121-26
Associate Planner Brian Lynch gave the report. He said the Planning Commission had reviewed
an aoolication to amend the Owlswood West Precise Plan to accommodate as-built
improvements on the site of3 Owlswood Road. The Commission deadlocked with a 2-2 vote,
resultinl! in a denial ofthe aoolication.
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The improvements included adjusting the building envelope to include a retaining wall that was
relocated outside the buildinl! envelooe. and increasin!! the floor area to a total of 5.087 sauare
feet (from an existing limitation of 4,300 square feet), according to Lynch. He explained that the
floor area of the structure was increased when a middle-level oatio was enclosed and when a
bedroomlbathroom was installed on the lower level in space shown as "wine storage" on the
aooroved desil!n review drawinl!s. Lvnch said the aoolicant said the aforementioned
imorovements were comoleted in 1993. at aooroximatelv the same times as the house was built.
Lynch said that although he was not on Staff at the time of approval of the project, he had
oreoared a time line of events based uoon his review of the file. He also noted that Planninll
Director Anderson had concluded that there was no clear record in some instances of whether
subseauent chanl!es had been aooroved bv Staff. and that the aoolicant had never recorded any of
the as-built chanl!es or submitted olans for such chanl!es. to the Town.
Based upon differing interpretations of the record by the applicant and Staff who are no longer
emoloved bv the Town. and the fact that the aoolicant's contractor had now submitted current
plans and sought approval on that basis, Mr. Lynch said that Staff recommended approval of
certain oortions of the as-built chanl!es and recommended that others I!O throullh Desil!n Review.
Soecificallv. Lvnch recommended that Councill!rant the aooeal and determine the followin!!:
1) That the retaining wall was relocated with the permission of Town Staff and because it is
not visible and has no imoact on existinl! orooertv. does not reauire a Precise Plan
amendment after the fact:
2) That the wine storage area now used for other purposes was not originally counted as
floor area based uoon a 1992 determination bv the Planninll Director:
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Town Council i\;finUfes # 08-2002
Anril3. 2002
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3)
That the enclosure of the mid-level patio should receive design review approval. The
additional 300 SQuare feet of this enclosure would not reQuire a Precise Plan amendment.
but the total floor area of the lot would be closed to the maximum allowed in the Precise
Pl<;:tn
In its questions of Staff, Council expressed surprise and disbelief that an application originally
aooroyed for 3900 SQuare feet had \!fown to oyer 5000 SQuare feet. Council also asked Staff how
it was that the aoolicant had occuoied the home since 1992 on a temoorarv occuoancv oermit.
Councilmember Fredericks pointed out that the only set of plans in the Town's possession until
2000 showed 3900 SQuare feet. Planner Lynch oointed out that the built-out soace was alwavs
there but its use had changed.
Councilmember Fredericks asked whose responsibility it was to show changes to plans. Mr.
Lynch said it was the resoonsibilitv of the aoolicant.
Vice Mayor Gram asked if the Town had a policy for Staff to put in writing [to the file] any
verbal approvalsgiyen to aoolicants. Mr. Lynch said that was the Town's oractice.
Senior Planner Watrous added that Staff rarely gave any verbal approvals without asking for a set
offollow-uo olans. Gram asked how manY times this had occurred in the 3 Owlswood
application. Mr. Watrous said there were no written approvals for the wine cellar, bedroom, and
~ enclosed oatio.
Vice Mayor Gram ooened the oublic hearin1!.
Applicant Al V onderworth, contractor hired by the owners of 3 Owlswood, said the house was
essentially the same as when the occuoancv oermit was 1!ranted. He said that current olans had
!1rHl,' hE'en <o;!!hmitterl to St~ff
Vice Mavor Gram asked Mr. V onderworth why this was not done in 1992 or 1993.
V onderworth replied that he had talked to the Staff and was told it was okay to build the
retainin1! wall and oatio enclosure. but that he would 1!O alon1! with Staffs recommendation for
design review of the latter item.
Vice Mavor Gram closed the oublic hearin1!.
Councilmember Thompson said that he had visited the site and did not see that the changes had
any [adversel impacts on the neighbors. He prooosed "wraooing uo" the oroiect by suooorting
~t~ff", r'f'(':0mmef!(hti0r1
Councilmember Fredericks suggested that since the wine cellar shared a wall with the bedroom,
there was a waY to reconfi1!ure access and reclaim some of the FAR in order to honor the Town's
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Town Councillvfinutes # OR-2002
Anril 3. 2002
PUFe 8
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approved Precise Plan. Ms. Fredericks indicated on the plans how this could be done, which
would result in a 400- square foot reduction to the FAR.
Councilmember Thompson asked if a wine cellar was counted as "habitable space." Planner
Lynch said that Staff would look at olans now that included a wine cellar as ootential floor area.
In a discussion of the existing floor area and what calculations were used in the past to determine
FAR. Senior Planner Watrous said that floor area could be two different numbers: the Buildin!!
Code calculations were one thin!!. and the Town's definition ofF AR were another.
Vice Mayor Gram said that the real concern was how the FAR had increased from 3900 to 4700
to 5000 square feet. roughly. He su!!!!ested to Mr. Vonderworth that he get an architect to record
such changes for his clients in the future, and he suggested that Staff that be more careful in
orocessin!! such requests to oreclude such occurrences in the future.
Mayor Matthews concurred with this recommendation. He said he agreed philosophically with
the comments of Commissioners Stein and Greenbem. but that in the absence of hard evidence.
he could not conclude there were any bad intentions on the part of the applicant. However, he
said he hooed this kind ofthim>: would not haooen a!!ain.
Matthews also said that no neighbors were objecting to the project, and that the topography of the
~itf' ",:"'f'ltf"reorl tho:" h(\1J~f" fn.m Vlf"'-l.1
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Votp"
To grant the appeal and follow Staff's recommendations; Staff directed to return
with a resolution of findin!!s.
Thompson, seconded by Gram
A, YFS. l frmn1mn!!s
_A~BSFNT. ~hvit7
MOTION:
Moved:
WR!TTEN COMMUNICATlQl'<l'
Town Council Weekly Digest - March 22. 2002
Town Council Weeklv Digest - March 29. 2002
Mayor Matthews announced that Bill Teiser had been appointed to the Design Review Board on
March 30. 2002.
Town Manager McIntyre said he would confirm with Council a proposed dedication ceremony of
Zelinskv Park at 1 :00 p.m. on April!3.
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Town Council Minufes # 08-2002
April 3. 2002
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ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor
Matthews adiourned the meeting at 9:55 O.m.. sine die.
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DIANE CRANE IACOPI. TOWN CLERK
Town Council Minllles # 08-2002
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HARRY A TTHEWS. MAYOR
Avril 3. 2002
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