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HomeMy WebLinkAboutTC Min 2001-03-21 ,-. TOWN COUNCIL MINUTES CALL TO ORDER Mayor Thompson called the regular meeting ofthe Tiburon Town Council to order at 7:30 p.m. on Wednesday, March 21,2001, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Bach, Gram, Matthews, Slavitz, Mayor Thompson PRESENT: EX OFFICIO: Town Manager McIntyre, Planning Director Anderson, Senior Planner Watrous, Finance Director Stranzl, Chief of Police Odetto, Town Clerk Crane Iacopi ' ORAL COMMUNICATIONS None. CONSENT CALENDAR (1) Approval of Town Council Minutes - February 7,2001 (2) Approval of Town Council Minutes - February 13, 2001 (3) Approval of Town Council Minutes - February 21,2001 (4) Approval of Town Council Minutes - February 27,2001 "....... (5) Recommendation to Uphold the Appeal of Planning Commission Denial of Conditional Use Permit to Construct New Pier and Boat Lifts on Property Located at 16 Old Landing Road (a) Adoption of a Resolution of the Town Council of the Town ofTiburon Granting the Appeal by Richard Torretto of the Denial of a Conditional Use Permit to Construct a Pier, BoatLifts and Boat Storage for Property located at 16 Old Landing Road (6) Recommendation to Adopt Resolution oflntention to Establish the Centro West/Raccoon Lane Undergrounding of Utilities District (a) Adoption ofa Resolution of the Town Council of the Town ofTiburon Accepting Petition and Determining to Initiate Special Assessment Proceedings - Centro WestlRaccoon Lane Undergrounding Assessment District (7) Recommendation to Approve a Proclamation Declaring April 200 I as Fair Housing Month -- Town Council Minutes #09-2001 March 21,2001 Page 1 ,-. MOTION: Moved: Vote: To approve Consent Calendar Items 1-7 above. Slavitz, Seconded by Bach AYES: Unanimous REGULAR AGENDA (8) Presentation by Taylor Woodrow Homes Inc.- Request for Town Council Direction on Proposed Tiburon Boulevard Tree Removal Project Mayor Thompson said an application for tree removal was at the Design Review Board stage and that Council only wanted a briefing at this point. Bruce Burman, the original developer and now a partner with Taylor Woodrow, said they planned to go back to the community to further discuss the partial or total removal of trees along Tiburon Boulevard directly in front of Reed School and the Child Care Center. However, in response to a question from the Mayor, Burman said it did not include removing the willow trees and pines located at the intersection of Lyford Drive. Burman said they were "not interested in butting heads" and would drop the application if consensus could not be reached. He suggested that interested parties leave their names with the Town's Planning Staff to be contacted for future meetings concerning the issue. -- Vice Mayor Matthews said he would keep an open mind but would not like to see the trees removed unless there was a good reason. John Kern, Stewart Drive, said these were the same trees the Building Advisory Committee and School District wanted to remove when the Police Station was being built. He said the eucalyptuses were considered "trash trees." Jim Malott, Tiburon Boulevard, said that although the tree removal would not affect his property, he felt they provided some visual screening along Tiburon Boulevard, and to remove 30-year-old trees was a mistake. He also said that they would expose the telephone poles in front of the school and suggested that undergrounding and new landscaping could be a solution. Chris Darling, landscape designer, said there was a steep grade where the trees stood with no room to plant new vegetation without bringing in new soil and building a retaining wall. (9) Request by Tiburon Peninsula Foundation - Installation of Photo Displays Along Multi-Use Path Councilmember Bach, a Foundation member, recused himself and stepped down. Planning Director Anderson said the plan had been presented to Council conceptually twice. He said the displays would be in eight locations from Blackie's Pasture to Shoreline Park near the -- Town Council Minutes #09-2001 March 21,2001 Page 2 ,-. traffic circle, and consisted of3-l/2-4" ceramic plaques showing a comparison of the locations to photos from 30 to 100 years ago. Anderson said the Parks & Open Space Commission had held a field trip to look at the proposed locations and had recommended minor relocation of two of the displays. TPF President Larry Smith asked for Council's endorsement to go ahead with the installation of the ceramic photo prototypes on the Multi-Use Path. In response to a question from Vice Mayor Matthews, Smith described how the displays would be ADA accessible for people in wheelchairs, and how arrangements would be made to have an audio narration available at the public library for the deaf. Smith said the idea of adding Braille to the displays had also been considered but was not in the current plans. In response to a question from Councilmember Slavitz, Smith said the displays were set back from the path and that in about half of the locations, pads would have to be built to allow wheelchairs to pull up and turn around. He said a prototype would be installed near Gilmartin Drive for Council to see. Vice Mayor Matthews said it was a good project for the community. There was no public comment. r-. MOTION: To approve the Tiburon Peninsula Foundation request to install photo displays on the Multi-Use Path Slavitz, Seconded by Gram AYES: Unanimous RECUSED: Bach Moved: Vote: (10) Recommendation for Actions Relating to the Proposed Stewart Drive Undergrounding of Utilities Assessment District Town Manager McIntyre brought Council up to date on the progress on the project, consisting of 87 homes and an estimated project cost of $1.3 7 million. McIntyre said that the assessment per home was estimated to be $15,790. This assessment could be paid up front, or over up to 30 years as a property tax of roughly $1,200 per year. He said Richard Cruzen ofUDI- Tetrad had prepared the construction drawings, plans and specifications, which were now ready to go out to bid. -- Silverado Drive resident Margarita Perry said the original project consisted of 47 homes but due to interest of more neighbors, it had grown to 87. She said it would even have been larger had there been more interest by neighbors on lower Virginia Drive, Town Council Minutes #09-2001 March 21, 2001 Page 3 ,-. Ms. Perry said much work had been done by the organizing committee to explain the financial options to residents, but that the main reason and concern had been to underground the utility poles for safety and reliability issues, as well as to alleviate view obstruction. She said homeowners' workshop was scheduled for April 3, and ballot counting would take place on May 9, 2001. The construction bids would be opened on April 26, 2001. Finance Director Stranzl said only a simple majority of those voting was needed to form the district. Ms. Perry said their group had conservatively estimated 67% in favor of the project. She said a previous district had failed when the assessment was in the $25-30,000 range. Ms. Perry also pointed out that the project was a Rule 20B undergrounding project, with over 90% of the funding coming directly from the homeowners. She said PG&E had written a letter that its freeze on 20A funds was only a temporary delay (for the removal of the pole at Stewart Drive and Tiburon Boulevard). However, she also said that a sleeve under Tiburon Boulevard already existed for the conduit, and that there was only about 700 feet of distance to connect the lines at that location. Perry said PG&E had affirmed that the project could start without that portion and they would be there working anyway and could do the work, if approved. Councilmember Bach asked if there was a chance that the neighbors would have to pay for that portion of the work themselves. Ms. Perry answered affirmatively. ,.-... In response to a question from Councilmember Gram, bond counsel Stephen Cassaleggio said that upon formation ofthe district, there would be a 30-day period wherein people could pay cash before bonds were issued. He said 5-10% of homeowners usually paid cash up front. Cassaleggio said the Town would be requested to issue the bonds, by resolution. Mayor Thompson commended Ms. Perry, John Kern, Joan Foster, Victor Zsffuka and all the other organizers of the project for their work to make the community more beautiful. (a) Adoption of a Resolution of the Town Council of the Town ofTiburon ofIntention to Make Acquisitions and Improvements - Town of Tiburon - Stewart Drive Undergrounding Assessment District MOTION: Moved: Vote: To adopt above Resolution. Gram, Seconded by Bach AYES: Unanimous (b) Adoption of a Resolution of the Town Council of the Town ofTiburon Preliminarily Approving Engineer's Report and Directing Actions with Respect thereto - Town of Tiburon - Stewart Drive Undergrounding Assessment District -- Town Council Minutes #09-2001 March 21,2001 Page 4 ,-. MOTION: Moved: Vote: (c) MOTION: Moved: Vote: (d) MOTION: Moved: Vote: To adopt above Resolution. Gram, Seconded by Slavitz AYES: Unanimous Adoption ofa Resolution of the Town Council of the Town ofTiburon Approving Plans and Specifications and Directing Actions with Respect Thereto - Town of Tiburon - Stewart Drive Undergrounding Assessment District To adopt above Resolution Bach, Seconded by Slavtiz AYES: Unanimous Approval of Agreement for Legal Services with Jones Hall, A Professional Law Corporation - Special Assessment Proceedings To approve Agreement for Legal Services. Slavtiz, Seconded by Gram AYES: Unanimous (11) PUBLIC HEARING 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 Bendinelli/ John Medricky, Appellants; M/M Ezcurra, Applicants) -- Senior Planner Watrous gave the Staff report. He stated that the Ezcurra's application was being processed by the Town as a "new dwelling" since the second story addition and remodel would require more than 50% of the existing structure to be demolished. He said the Design Review Board approved the application by a vote of 4-1 on February 1,2001 after which the decision was appealed by neighbors at 740 Hilary Drive (Mr. Medricky) and 735 Hilary Drive (Mr. Bendinelli), on the following basis: I. Loss of views from the home at 735 Hilary Drive; 2. Proposed second story would be inconsistent with the character of the surrounding neighborhood; 3. The Board did not adequately consider the view and visual impacts of the proposed construction on the adjacent home at 740 Hilary Drive; 4. Concerns by the neighbors regarding existing trees should be taken into consideration prior to approval. r-- In response to the above, Mr. Watrous said that: Town Council Minutes #09-2001 March 21.2001 Page 5 ,-. 1. The views from 735 Hilary Drive, although from ceremonial rooms, were not significant; 2. The applicant's home was on the periphery of the Hawthorne Terrace neighborhood and already had a two-story element; 3. The bulk and mass impact of the home at 740 Hilary Drive was considered and addressed at the hearing, and with modifications to the plans, the "slot" view of the Bay from the rear yard was left intact; 4. The tree issue was outside the purview of the Design Review Board under Town ordinance. Therefore, Mr. Watrous recommended that the Council uphold the decision of the Design Review Board in its review and approval of the project. Mayor Thompson asked if any [Council] approval of the project could be linked to the tree issue. Mr. Watrous said probably not. Mayor Thompson opened the public hearing. AppelIant Steve BendinelIi, 735 Hawthorne Drive, said Council should look at the application for 757 Hilary Drive as if it were a new home. He presented a hand-out showing the grounds for the appeal. ,-. Mr. Bendinelli said that every neighbor was opposed to the project except one (Lee Glaser) and that there were only two other houses in the "Hilary flats" that were two-story and that approval of the project would "set the tone" for other parts of the neighborhood. AppelIant Bendinelli said the new structure would block more than 10% of the view from his family room, and with the impact of the trees, it was close to 35% view blockage. He noted, however, that Gus Ezcurra indicated that he might cut the trees, but said "incentive" was needed to see it through. With regard to Mr. Medricky's "slot view", Bendinelli said it was just as important as the panoramic view. He also referred to the new home as contrary to Section 4.02 of the Zoning Ordinance that spoke of the ability to "harmonize" with the existing neighborhood. Mr. Bendinelli questioned why a second story was approved when other alternatives were available. He noted that the new home would become the biggest structure in the neighborhood and asked for more discussion of the issues before any application was approved, and to consider the impact on he and Mr. Medricky, John Medricky, 740 Hilary Drive, said the Ezcurra's new home would make his house seem "very poor and dark." He said that if they were in his shoes they would complain too. Mr. Medricky also noted that the Ezcurras had a large lot of approximately half an acre on which to situate their home, "..... Town Council Minutes #09-2001 March 21. 2001 Page 6 r Deborah Bendinelli, 735 Hilary Drive, read excerpts from a letter from Fran Seitas which complained of the changing views over 43 years and asked that the Council "not demolish (her) view further." Ms. Bendinelli also rebutted a letter submitted by Ian Pearson, 170 Rock Hill Drive, and said she did not even think he could see 757 Hilary from his home. She said that preserving a neighborhood's character did not mean to "freeze" the status quo, but she said she did not feel that the impact of she and her neighbors was being taken into account. Ms. Bendenelli said she was raising her family in a 1700 square foot home versus the proposed home at 757 Hilary of more than twice that size. She asked the Council to consider directing the Ezcurras to redesign their home to be lower and wider. Councilmember Slavitz asked a question of Staff concerning the siting of the proposed house. He asked whether Staffwas viewing the setbacks appropriately with regard to Mr. Medricky's house, since there was only an eight-foot setback instead of the usual requirement of a 25' rear yard setback from the Ezcurra's project. r- Senior Planner Watrous said that the portion of the subject lot, which was located at the end of Hawthorne Drive, and that was perpendicular to the street, was considered the front. Mr. Slavitz said to look at it from this angle did not match how the house was laid out. Mr. Watrous replied that if [Staff] looked at it from Mr. Slavitz' viewpoint, the house would be "non- conforming," so Staff used a combination of street frontage and orientation to make their decision. Applicant Dee Ezcurra said she and her husband and four children were living in a house that is more than 50 years old, with problems of deteriorating water pipes, furnace and water heater. She said they had spent lots of time and money on the [remodel] project. Ms. Ezcurra said that she and her family were very involved in the community, and asked Council to uphold their application. ColIeen Mahoney, architect for the Ezcurras, said the Design Review Board had looked at the history of the project, which consisted of one year of preliminary drawings and revisions. She said the Ezcurra property touched eight or nine other properties and that as a result of neighbor and Board input, the house had been made substantially smaller than its original design. Mahoney said the Medricky home was 65 or 70 feet away, and contended that the Ezcurra home was lower than the Medricky's deck level of 107' and was obscured by vegetation. She also said that the Ezcurras had offered to further screen a portion of the new house and had topped a pine tree to help preserve the Medricky's view. -- Town Council Minutes #09-2001 March 21, 2001 Page 7 ,-. Ms. Mahoney challenged the Bendinelli's contention regarding the amount of view loss from their home, and said the Ezcurra project was well within the parameters of the Town's Hillside Design Guidelines. Mahoney said she honored these guidelines and that she herself was a resident of the neighborhood (680 Hawthorne Drive). Councilmember Slavitz asked whether they had considered putting the new second story in front of the existing second story to reduce the appearance of mass in the back. Ms. Mahoney said another project currently underway (application submitted to the Town but not yet approved by the DRB) was the Lee Glaser house. She said that home was being pushed forward to preserve views which would prevent pushing the Ezcurra home forward any more. She noted, however, that the Ezcurras had offered to excavate down into the ground to create the new children's rooms. Gus Ezcurra, Applicant, said the two homes in front and one next to theirs were two-story. He said they had been through three designs of the project. Mayor Thompson opened the public hearing. Ellen Lindberg, Strawberry resident, said she was appearing on behalf of Ian and Julie Pearson. She started to read their letter verbatim but Mayor Thompson said Council had already received and read it. ,-. Lee Glaser, 735 Hawthorne Drive, said her porch was being enclosed to add living space, and stated that ifthere were any changes to the Ezcurra's plans at this point, it would impact her VIews. Gary Hancarnmer, 24 Noche Vista, read a letter from Paul Ten Doesschate, 759 Tiburon Boulevard, another resident in support of the Ezcurra project. Ann Seabury, 757 Tiburon Boulevard, property bordering front of the Ezcurra house, said she lived between two houses with second stories and that she supported the Ezcurra's proposed remodel. Moe Shefagi, 705 Hawthorne Drive, said he had experienced similar opposition but supported the Ezcurra's plans and that their family "should have a comfortable life." Deborah Bendinelli, during her rebuttal, said the neighbors who spoke in favor of the project were not the ones impacted by it. She also said that the 35% view loss was from a ceremonial room in their home, not their deck. She said all they wanted was to protect their current view. Mayor Thompson closed the public hearing. -- Town Council Minutes #09-2001 March 21, 2001 Page 8 ,-. Councilmember Slavitz said that some of the Bendinelli view was already obscured by trees, but said that the Medricky appeal was different in that it dealt with a bulk and mass issue. Slavitz wondered whether all other options had been explored to ameliorate this situation, and said he agreed with Boardmember Beales who stated, "there should be alternatives on such a large lot." Councilmember Slavtiz also said the setbacks also seemed to be an issue and that these distances should have been taken into account. He recommended that the project be remanded to the Design Review Board. Councilmember Bach said the (Bendinelli's) view blockage was not significant. He said the second story would have some impact, although minimal. He said the applicant had done well on the third scheme (design). Bach also said that although the Ezcurra's lot was large, much of it was unbuildable. He said he would vote to deny the appeal. Vice Mayor Matthews said that although Mayor Thompson said the Council did not take into account whether a project was being built by a speculator or by people who lived in the community, he said he personally favored projects built by people who were part of the community. Matthews said that he had viewed the story poles from the Bendinelli's family room, and the view ,-. impact was more than 10% from one part of the room, but less from other parts of the room. Although he said he was sympathetic to the Bendinelli's view loss from their family room, and noted that any view loss to a homeowner was significant, he said he would vote to deny the appeal. Matthews said that the Ezcurras had trimmed their trees, and that a second story was not a precedent in the neighborhood, and that all the neighbors had been involved and a thorough review had been conducted by the DRB. Councilmember Gram said he appreciated both sides of the debate, but noted that this neighborhood had to be upgraded. He said the third rendition of the Ezcurra's plans was much better than the first two. He said the enlargement of the existing second story was "reasonable" and "as good a job as possible" including the "hipped" roof. Gram said he hoped that the applicants would cooperate with their neighbors on the remaining tree issues, which could offset and ameliorate some of the divisiveness. He said he would vote to deny the appeal. Mayor Thompson complimented the architect and "good design" of the project, and said it was a question of modernizing an older home. However, Thompson said the lot had the ability to accommodate a new home without infringing on the neighbors, He said if this were a new home, it never would have been approved. -- Town Council Minutes #09-2001 March 21, 2001 Page 9 -- Thompson also said that the water line view was important to the homes in the Hawthorne neighborhood, and he asked the Council to reconsider its thinking on this approval. Mayor Thompson also questioned the need for the two-story window area at the front entrance. Architect Mahoney said this design had been carefully considered and had gone through "many iterations". She said the two-story volume in the front did not impact either appellant and said it was necessary to create a small workspace for Mr. Ezcurra that was "away from the kids." Ms. Mahoney also said the stairway was "modest and efficient" and that the closets and circulation had been placed in the back to avoid windows and the impact to the other neighbors. Councilmember Slavitz asked Ms. Mahoney if she had looked at bringing the front of the home out as a one-story addition. She said they had pushed the design "down and over" but wanted to keep the existing foundation in order to keep the cost down. She said her clients had invested enough time and money and she was reluctant to ask them to keep changing the plans. In response to a comment about the size of the house, Ms. Mahoney said the house was "only 3000 square feet" which was "not big by Tiburon standards." Councilmember Bach said it was tastefully done, and that he was reluctant to re-design houses. ,-. MOTION: Moved: Vote: To deny the appeal. Bach, seconded by Matthews AYES: Bach, Gram, Matthews NOES: Slavitz, Thompson (12) PUBLIC HEARING Recommendation to Amend Contract With Public Employees' Retirement System to Provide 2% @ 55 Retirement Benefit for MiscelIaneous Employees - (Second Reading & Adoption) Council waived the Staff report. Mayor Thompson opened and closed the public hearing. There was no public comment. MOTION: Moved: Vote: To read ordinance by title only. Bach, Seconded by Matthews AYES: Unanimous -- Mayor Thompson read, "An Ordinance of the Town Council of the Town of Tiburon Authorizing an Amendment to the Contract between the Town ofTiburon and Board of Administration of the California Public Employees' Retirement System." Town Council Minutes #09-2001 March 21, 2001 Page 10 -- MOTION: Moved: Vote: To adopt above Ordinance. Gram, Seconded by Slavitz AYES: Bach, Gram, Matthews, Slavitz, Thompson (13) PUBLIC HEARING New and Revised Fee Schedules to Increase Cost Recovery of Administrative, Legal, Plan Storage and Other Costs - contirmed from March 7, 2001 (a) Adoption ofa Resolution of the Town Council of the Town ofTiburon Superseding Resolution No. 3354 and Adopting an Hourly Rate Fee Schedule for Town ofTiburon Personnel Council accepted the hourly rate report comparing other cities with the proposed l:)buron fee schedule. Councilmember Gram joked that perhaps Tiburon was still too low. MOTION: Moved: Vote: To adopt resolution adopting new hourly rate schedule for Town personnel. Gram, Seconded by Bach AYES: Unanimous COUNCIL. STAFF. COMMITTEE REPORTS AND RECOMMENDATIONS (14) Request by Eagle Scout Candidate Marc Malott - Approval of Open Space Erosion __ Project Town Manager McIntyre said that the Public Works Director, Superintendent of Public Works, and Planning Director had inspected the site and had expressed no problems with the project. However, he recommended that the Public Works Director be asked to inspect the project upon completion. McIntyre also noted Town Attorney Danforth's recommendation to obtain waivers of liability from any downstream neighbors. Council endorsed Mr. Malott's project and asked him to seek waivers from two neighbors, one being the Shepherd of the Hill Lutheran Church. ' (15) Recommendation from Ad-Hoc Lanes & Patbs Committee - Authorization to Order Surveys and Title Reports for Select Paths in Old Tiburon Mayor Thompson said that preserving certain lanes and paths in Old Tiburon was a long-term vision, which would be appreciated by future generations. The three lanes in question are located Las Lomas Lane, Moitoza Lane, and an unnamed path off of Diviso Street. -- Town Council Minutes #09-2001 March 21,2001 Page 11 ,-. MOTION: Moved: VOTE: To authorize the budget expenditures necessary to obtain surveys and title reports. Slavitz, Seconded by Matthews AYES: Unanimous (16) Report by Belvederetriburon Joint Recreation Committee - Reed Union School District Facilities Master Plan Town Manager McIntyre summarized the options presented at a Jt. Recreation Committee meeting two days before. He said that one ofthe questions was whether the Town wanted to get into the business of providing recreational facilities. McIntyre said the proposed Reed Union School District Master Facilities Plan showed facilities for Jt. Recreation at each of its three campuses. However, Counci1rnember Gram noted that the School Board did not want the Town to proceed separately to build on school property but rather work in unison with them on a bond issue or some other funding mechanism. Councilmember Bach wondered who would have ownership of the new recreational facilities if they were located on District property. Gram said the Town could work around that issue. Vice Mayor Matthews that the Jt. Recreation Committee and the Town would be in a better position ifit was only raising funds for its own facilities at $300,000 - $400,000 per building versus a $65 million total facilities plan budget estimated by the District. -- At this early state, Council concurred that it was important to support the Jt. Recreation Committee in going forward without offering specific approval of any plan, and to encourage them to explore all funding options, such as bond issues, donations or use of Town/City general funds. Mayor Thompson also asked the Town Manager to obtain a study of the current usage of public spaces and facilities. Mr. McIntyre said he would do so, but also noted that It. Recreation preferred the facilities to be near the school campuses for the convenience of children and parents. Mayor Thompson said there was a danger of over-building facilities in response to anticipated baby booms or other trends. He cited the example of Reed lands Woods School, which was only open for four or five years. Councilmember Gram said that It. Recreation did indeed need more space and would expand their programs if they had it. He said that the Committee was "self-sustaining" but would love to have a facility or facilities to call their own. - On another subject, Vice Mayor Matthews said the Late Night Ferry Service Committee would soon seek funding from the City of Belvedere, Town and Tiburon, and Chamber of Commerce for a one-year joint venture with Blue & Gold Fleet for expanded service on Friday nights. Town Council Minutes #09-2001 March 21, 2001 Page 12 - WRITTEN COMMUNICATIONS Town Council Weekly Digest - March 9, 2001 Item NO.9 - Milk Barn at Public Works Corporation Yard. Town Manager sought authority for proposed donation of barn to Landmarks Society. Town Council Weekly Digest - March 16, 2001 Item No.3 - Complaint regarding dogs off leash at South Knoll Park. Increased enforcement through bike patrols to start again this summer. ADJOURNMENT There being no further business before the Town Council of the Town ofTiburon, Mayor Thompson adjourned the meeting at 10:37 p.m., sine die. ~~ ,-. I ~ DIANE CRANE IACOPI, TOWN CLERK - Town Council Minutes #09-2001 March 21, 2001 Page 13