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HomeMy WebLinkAboutTC Min 2001-04-04 ........ ~ .':~ .l';,"_J",', --, TOWN COUNCIL MINUTES CALL TO ORDER Mayor Thompson called the regular meeting of the Tiburon Town Council to order at 7:41 p.m. on Wednesday, April 4, 2001, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Matthews, Slavitz, Thompson Bach, Gram PRESENT: EX OFFICIO: Town Manager McIntyre, Town Attorney Danforth, Planning Director Anderson, Chief of Police Odetto, Town Clerk Crane Iacopi CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LmGATION (Section 54956.9(c)) Two Cases CONFERENCE WITH LABOR NEGOTIATOR (Section 54957.6) r-, Bargaining Unit - Tiburon Police Association Negotiators - Town Manager and Town Attorney REPORT OUT OF CLOSED SESSION Mayor Thompson reported that the above items were discussed but no action was taken in closed sessIon. INTRODUCTION OF NEW TOWN EMPLOYEES ROBERT LAW - Police Officer Trainee TRAVIS mGGINS - Police Officer Trainee Chief Odetto introduced the two police officer trainees who then gave brief speeches thanking the Chief and the Town Council for giving them the opportunity to participate in this new program. RECOGNmON OF OUTGOING COMMISSIONERS JEFFREY SLA VITZ - Planning Commission JORDAN ETH - Parks & Open Space Commission WAYNE SNOW - Design Review Board, Parks & Open Space Commission Mayor Thompson presented plaques to the above gentlemen along with congratulatory remarks. -- Town Council Minutes # 10-2001 April 4, 2001 Page 1 ,-. Mr. Eth said that although it sometimes seems that not a lot is being accomplished when one sits on a commission, he noted a number of accomplishments of the Parks & Open Space during his tenure: the transition ofBlackie's Pasture from a dirt parking lot to the current pasture; the Gazebo and playground at South Knoll Park; and the Ridge Trail. Mr. Snow and Mr. Slavitz also commented about the quality and level of work of the various commissions and that it was a pleasure to serve with such dedicated residents of the Town. APPOINTMENT TO BOARDS. COMMISSIONS OR COMMITTEES One Vacancy - (Design Review Board) Item continued pending further interviews. ORAL COMMUNICATIONS Bruce Abbott, Greenwood Beach Road, said the drainage project was essentially complete and was a "masterful job." He praised the project, a joint venture between the Town and its citizens, and said it was something the Town could be proud of CONSENT CALENDAR (1) Approval of Town Council Minutes - March 7,2001 -- (2) Recommendation to Deny the Appeal of Design Review Board approval of request for Site Plan and Architectural Review for construction of additions to an existing single- family dwelling located at 757 Hawthorne Drive, AP. No. 55-222-07 - (Steve Bendine11i/ John Medricky, Appellants; M/M Ezcurra, Applicants) (a) Adoption ofa Resolution of the Town Council of the Town ofTiburon Denying an Appeal by John Medricky and Steve Bendinelli of the Approval of Site Plan and Architectural Review for Property Located at 757 Hawthorne Drive (3) Recommendation to Adopt a Resolution - Energy Conservation (a) Adoption of a Resolution of the Town Council of the Town ofTiburon Encouraging Energy Conservation Efforts (4) Recommendation by the Finance Director - Acceptance of Monthly Investment Report - (February 2001) (5) Recommendation by the Finance Director and Public Works Superintendent- Authorization to Proceed with Additional Sidewalk Curb Cuts (ADA) -- Town Council Minutes # 10-2001 Apri/4, 2001 Page 2 '"' MOTION: Moved: Vote: To adopt Items 1-5 above. Matthews, Seconded by Slavitz AYES: Unanimous ABSENT: Bach, Gram REGULAR AGENDA (6) PUBLIC HEARING Request for Reconsideration of Town Council Decision Not to Waive Processing! Annexation: SorokkolWilson (Former Lower Kilgore Property); 3820 Paradise Drive, AP No. 39-302-01; 19+ Acres Downslope of Paradise Drive Immediately Southeast of Seafirth Estates Planning Director Anderson gave the Staff Report. He said that Mr. Sorokko had filed a development application with the Town but that it was still incomplete. In the meantime, Anderson said, the Town had received a letter from LAFCO (dated February 2001) which said that the subject property if annexed by the Town would be surrounded by an "unincorporated island" of several other properties, namely the Kilgore, Winslow & Snyder properties. Anderson said the LAFCO letter contained three suggestions to avoid this situation, which was contrary to LAFCO policy and State Law: r-- 1. That the County process the application versus the Town; 2. That the three adjoining properties could be included in the application; or 3. LAFCO could add the three properties during its review process and essentially force their annexation. With regard to the third suggestion, Planning Director Anderson said that the Town's position had been that properties not capable of further subdivision do not require annexation, and that more recently, the Town had started to obtain agreements with property owners in unincorporated areas that would require future annexation when an application was submitted. Anderson also said that a small strip ofland connected the three subject properties to the other unincorporated area so that technically they were not "an island." Planning Director Anderson recommended that Council consider three options: 1. To deny the applicant's current request for reconsideration of annexation to the Town, but to send a letter to LAFCO urging it not to force the annexation of the three surrounding properties; 2. To deny the applicant's request for reconsideration and let LAFCO rule on the entire matter; or 3, To grant the request and agree to allow the County of Marin to process the application. r-, Town Council Minutes # 10-2001 April 4, 2001 Page 3 -- Mr. Anderson said that Staff favored Option No.1. . Councilmember Slavitz asked whether Staff would recommend that future annexation agreements be obtained from the surrounding properties. Anderson said that obtaining agreements had more or less become a LAFCO requirement in order to waive the dual annexation policy, and the agreements favored the Town with regard to its future annexation rights. He said the Town had obtained about 10 such agreements. Mr. Slavitz wondered whether it would be appropriate to let LAFCO handle the current request, or Option No.2. Vice Mayor Matthews asked about the location of the Norman Estates. Planning Director Anderson said the development consisted of 12 homes upslope and to the South from the SorokkolWilson property, and that they were already part ofTiburon. Mayor Thompson opened the public hearing. Neil Sorensen, attorney representing the owners (SorokkolWilson) asked that Council consider Option NO.3 and let the County process the application and avoid pulling in the surrounding properties against their will. He said if the other three properties were pulled in, it would create problems for his clients' application and that if the annexation went through, a "domino effect" of r"' annexations would take place in the Paradise Drive area. Mr, Sorensen said his clients were opposed to "piecemeal annexation" and that they would like to see an overall plan for the area and for Town services to be provided, including maintenance of Paradise Drive, if annexation were considered, Finally, in response to the objection that the Town's review of the application would somehow be different from the County's, Mr. Sorensen disagreed, stating that the objectives of Paradise Drive Visioning Plan were consistent with the Town's General Plan. Sorensen also cited Norman Estates as an example of a parcel that was subdivided while it was under County jurisdiction and that it had worked out fine. Vice Mayor Matthews asked to clarifY a point. He said that while the Town was aware of and had attended meeting of the Paradise Drive Visioning Plan, no Town officials had served on the committee that drew up the plan, Vie Canby, President of the Paradise Drive Property Owners Association, said Vice Mayor Matthews was correct on the above point. "..... Mr. Canby said the POA was formed in 1958 as a 501c(4) organization whose purpose was to work against annexation of the area. He said what led to the "visioning" was a feeling that the Town Council Minutes # 10-2001 Apri/4, 2001 Page 4 .~: .". .....,~.,.j.... -- "identity" of the area needed to be preserved, and that the issue of annexation was far from resolved. He said the opinions of the homeowners in Seafirth and Norman Estates were different because they were already part of the Town. But Mr. Canby said that in a recent poll, 80% of the people polled in the area were opposed to annexation. Mr. Canby said another reason they were opposed to annexation was that the Hochstrasser report stated there would be no benefits to annexation. He said that a new study was needed and that the Town should have a comprehensive plan (to provide services) ifit wanted to annex properties in the area. Finally, Mr. Canby said that if annexation occurred, the area needed to have a representative on the Town Council. Harry Snyder, owner of one of the properties adjacent to SorokkolWilson, said people in the area were happy'and there was no reason to arbitrarily annex them. Snyder said the area where he lived consisted oflarge lots and that "we don't bother each other." He also said he had not yet heard of even one benefit of annexation, but he might consider it in the future if the Town changed its system of government (to district representation), with a member of the Council guaranteed to be from the Paradise Drive area. Mayor Thompson commented that there had been several members of the Town Council in past years from the Paradise Drive area, namely Joan Bergsund and Bill Bremer, as well as Planning Commissioners. ,-. Becky Pringle, resident ofTiburon, representing the Winslow interests, confirmed the poll results stated by Mr. Canby. She noted that the Paradise Drive POA predated both LAFCO and the Town of Tiburon. Ms. Pringle said the Town could provide no services other than police and that they were happy with the (County) sheriffs. She also said the Hochstrasser report showed that total buildout of the area could not be supported by the Town. Ms. Pringle contended that the SorokkolWilson property was separate from the other three properties and that the Council really should consider continuing the matter after it had time to study it further. She said she had the impression that the Town had the final say in the matter of annexation, not LAFCO, and she surged the Council not to force any annexations. Louis Soldavini, 1801 Mar West Street, said the Town had "no business over there" on Paradise Drive and that it was unable to fix its own streets, much less Paradise Drive. Mr. Soldavini cited an example of an ongoing drainage problem on his property that the Town had been unable to address. Walter Shanford, 49 Seafirth Place, representing the 29 homes in Seafirth Estates, asked the Council to deny the SorokkolWilson request for reconsideration of annexation. He said the development of the property was "in our backyards" and that they wanted the Town to control -- Town Council Minutes # 10-2001 April 4, 2001 Page 5 ,-. and manage the processing of the application, which would ensure that the development would be more "in line with Tiburon" versus the "less restricted" development standards of the County. However, in response to a question from Mayor Thompson, Mr. Shanford said they believed that the other properties should not be forcibly annexed to the Town. Sandra Swanson, 2 Seafirth Lane, said neither the law nor the Town's policies had changed since the Council's March 2000 decision to deny the SorokkolWilson annexation waiver request. However, Ms. Swanson said that a portion of the property had been "clear cut" and that the County had issued a stop work order on the project. Ms. Swanson said they looked to the Town for oversight of the project, but to leave the Kilgores and the other property owners out of the (annexation) process. Randy Greenberg, Norman Way, said a previous speaker had suggested allowing development now and annexation later that she said would be her "worst nightmare." Ms. Greenberg said her subdivision had been developed while under County jurisdiction and that the streets were failing and there were other problems. For this reason, and the fact that Council had decided not to waive its right to annex the property, the request should be denied. Ms. Greenberg said that the applicant's request for reconsideration came because he did not want to be further delayed by LAFCO proceedings. She said this was not a reason for Council to ,-. change its mind. Regarding the other issues raised by LAFCO, Ms. Greenberg said the "spirit" of the dual annexation policy was to allow local government to administer and serve residents in its sphere of influence. She said if everyone, including the adjacent property owners, worked together, then LAFCO would not force annexation. In response to a question from Mayor Thompson, Ms. Greenberg said the Town should talk seriously with the three (opposing) property owners about future annexation rights, otherwise LAFCO might annex the area at their will. Councilmember Slavitz sought clarification about the "island" being created by the three properties. Planning Director Anderson said that the LAFCO executive officer considered it an island but that the Commission could find otherwise. However, Anderson noted that the Town supported LAFCO's dual annexation policy. Attorney Sorensen said during his rebuttal that the Town really had no power over the Winslows, Kilgores or Snyders and that he did not think LAFCO did either. However, he said LAFCO could not annex one property without the other(s) so he suggested that the Town ask LAFCO to leave the three adjoining properties out of the annexation of the SorokkolWilson property. ,,-.. Mayor Thompson closed the public hearing. Town Council Minutes # 10-2001 April 4, 2001 Page 6 ,-. Vice Mayor Matthews said that Counci1rnember Bach now served as the Town's representative to LAFCO. He reiterated the Council's past position that "we're not in the annexation business," and suggested that LAFCO be informed that the Town was not interested in annexing the three adjoiniilg properties. However, Matthews gave examples of how Town oversight of development applications made a difference. He said the 46 homes of the Cypress Hollow area would have been half that if processed by the Town versus the County. Councilmember Slavitz concurred that the Town should process new development applications and that the decision made a year ago should stand. He said the "wrinkle" of the LAFCO review might cause a delay in the development but that was not a good enough reason to change the decision. Slavitz said he was concerned about the (lack of) annexation agreements with the other properties, but suggested that LAFCO be allowed to deal with the issue rather than the Town. Mayor Thompson said the oversight of development applications was one primary reason for the incorporation of the Town. He said the Paradise Drive area was part of the community. He said he would support Option NO.1 and not encourage forced annexation of the other three properties because there were no development applications or issues with those properties. ,-. Thompson pointed out that there were unincorporated "islands" allover the Paradise Drive area, including Seafirth Estates. MOTION: To deny the Sorokko/Wilson request for reconsideration of waiver of annexation to the Town ofTiburon, and to send a letter to LAFCO asking that the three adjoining properties not be forced to annex at this time. Slavitz, Seconded by Matthews AYES: Unanimous ABSENT: Bach, Gram Moved: Vote: (7) PUBLIC HEARING Proposed Precise Plan Amendment to the Del Madera Precise Plan (pD #23) to expand the Building Envelope at 2 Via Paraiso East (AP No. 39-290-17) David Hui Liu, Owner; Don Blayney, Applicant (a) Adoption ofa Resolution of the Town Council of the Town ofTiburon Approving an Amendment to the Del Madera Precise Plan to ModifY the Building Envelope for Property Located at 2 Via Paraiso East -- Planning Director Anderson gave the Staff report. He said the purpose of the requested amendment to the Precise Plan was for suitable accommodation of a pool. Anderson said the Town Council Minutes # 1(}..2001 April 4, 2001 Page 7 r- Planning Commission had agreed to the request with a condition that a portion of the approved building envelope on one side be "shaved off" to allow for the pool on the other end. Plannirig Director Anderson showed Council on the plans where the proposed "shaving" would occur and noted that a previous lot line adjustment on the property had actually expanded the setback in the area that the pool was going. . Don Blayney, architect representing the property owner David Liu, said the Planning Commission vote was unanimous. He showed Council the other options (locations) that had been considered for placement of the pool, and noted that the newest (approved) location stayed out of the way and view of the uphill neighbors. Mr. Blayney said that, in designing the pool, Mr. Liu's first consideration was not to disturb his neighbors. In response to a question from Vice Mayor Matthews, Mr. Blayney said that Mr. Liu would move into the house at the end of May. Mayor Thompson opened and closed the public hearing. There was no public comment. MOTION: To adopt the resolution approving the amendment to the Del Madera Precise Plan to modifY the building envelope at 2 Via Paraiso. Matthews, Seconded by Slavitz AYES: Unanimous ABSENT: Bach, Gram Moved: Vote: -- COUNCIL. STAFF. COMMITTEE REPORTS AND RECOMMENDATIONS (8) Request by Tiburon Boulevard Median Landscape Committee - Maintenance Agreement for Landscape Medians Town Manager McIntyre said the Committee had requested the Town take over the contract for landscape maintenance of three median strips within the CALITRANS right of way on Highway 131 (Tiburon Boulevard). He said that he had found no historical record of the Town agreeing to take over the maintenance although the committee had said that was the case. McIntyre said that both the Public Works Superintendent and Town Attorney had expressed concerns about the Town's involvement. He said the Public Works Superintendent was concerned about the safety of Town personnel working within the CALITRANS right of way on a state highway, and the Town Attorney had questions about both liability and jurisdiction, as well. McIntyre said at the very least the Town Attorney recommended that if the Town assumed maintenance for the medians an agreement would have to be reached with CALITRANS that the Town was not assuming any other level of responsibility for them. -. Town Council Minutes # 10-2001 Apri/4, 2001 Page 8 .~..:.. 4'.....,..'. _ Town Manager McIntyre said the cost to assume the agreement with TruGreen (originally negotiated by the Median Landscape Committee) would be $650 per month, or $7,800 in the 2001-2002 fiscal year budget. He recommended that Council direct Staff to negotiate and take over the agreement. Councilmember Slavitz asked ifthe City of Belvedere had been asked to contribute to the cost since it was a shared benefit to both cities. Town Manager McIntyre concurred but said he had not approached the City. Mayor Thompson stated emphatically that the Town had never agreed to take over the maintenance of the subject medians and further stated that the Committee was supposed to create an endowment fund for this purpose. He said it was understood that the Belvedere and Tiburon Councils would "chip in," but he strongly encouraged the Committee to continue with its endowment fund-raising. Vice Mayor Matthews said the contributions from Belvedere and Tiburon municipalities should be pro rata based upon population. Councilmember Slavitz commented that the Committee might have plans to take over "new" medians, and Council should be aware of the future obligations this would create. MOTION: For the Town Manager to negotiate a contract with TruGreen for maintenance of the three medians on Tiburon Boulevard; to seek reimbursement from the City of Belvedere; to direct the Median Committee to continue its endowment efforts for this purpose. Slavitz, seconded by Matthews AYES: Unanimous ABSENT: Bach, Gram -- Moved: Vote: (9) Recommendation by Town Manager - Funding for Late Night Ferry Service Town Manager McIntyre said that Committee for Late Night Ferry Service members Allan Littman and Vice Mayor Matthews had worked very hard on the new Friday night proposal but said that Blue & Gold Fleet would need additional funding to commence the service. McIntyre said the Chamber of Commerce had stepped forward with a contribution of$I,OOO, and that the County (through Supervisor Rose's office) had agreed to $6,000. He said that still left a shortfall of$9,OOO, - Vice Mayor Matthews noted that this was a one-time funding request, and if the Friday night run proved unsuccessful, it would probably be dropped. He said it would start in late May and be evaluated in the Fall. -- Town Council Minutes # 10-2001 Apri/4, 2001 Page 9 __ Matthews also said that the City of Sausalito had been asked to contribute but it seemed that their priority was to start their downtown ''jitney'' service. Councilmember Slavitz asked about the overall cost of the program. Vice Mayor Matthews said the only half was operations, the rest being advertising and marketing. Matthews said that any profits would go to Blue & Gold. MOTION: To approve a $9,500 contribution from the Town of Tiburon to Blue & Gold Fleet for the proposed late night Friday ferry service. Slavitz, seconded by Matthews AYES: Unanimous ABSENT: Bach, Gram Moved: Vote: (10) Request by Heritage & Arts Commission - Removal of Calving Barn Town Manager McIntyre said the barn was in the way of the new garage for the Maintenance Mechanic at the Corporation Yard. He said everyone agreed with the Heritage & Arts Commission recommendation to donate the historic building to the Landmarks Society for use at its new Art & Garden Center. However, McIntyre said there was no urgency to remove the barn at this time because although the Town had budgeted funds for the study of rebuilding the Corporation Yard, he was not __ convinced that it made sense to add another position to the Department in the coming fiscal year, Council concurred with the Town Manager's recommendation to leave the calving barn where it was until further notice. WRITTEN COMMUNICATIONS Town Council Weekly Digest - March 23, 2001 No comments. Town Council Weekly Digest - March 30,2001 Item No.2. Town Manager commented on recruitment schedule for new Director of Public Works/Town Engineer. Item NO.3. Grand Jury investigation of Building Fees charged by cities. Councilmember Slavitz asked if the Town was using 100% UBC valuation. Planning Director Anderson affirmed. No, 5, List of Streets prepared by Town Engineer Schwartz for upcoming rehabilitation. Item noted. Town Manager McIntyre also said there was a reception for the weavers' exhibition on Friday night, April 6, 2001. -- Town Council Minutes # 10-2001 April 4. 2001 Page 10 ,,-... Vice Mayor Matthews said the Town Hall lobby looked very good. Town Manager McIntyre said the Tiburon Peninsula Foundation wanted to donate a statute ofBlackie for the lobby. Mayor Thompson asked that the Council dais be refinished. ADJOURNMENT There being no further business before the Town Council of the Town ofTiburon, Mayor Thompson adjourned the meeting at 9:40 p.m., to a special meeting on April 11, 2001 at _R_'m~_F~~ di . ANDREW THOMPSON,~OR ATTE~A . DIANE CRANE IACO~ CLERK -- -- Town Council Minutes # 10-2001 April 4, 2001 Page 11