Loading...
HomeMy WebLinkAboutTC Min 2001-03-07 ., ': yo' ..-. . r TOWN COUNCIL MINUTES CALL TO ORDER Mayor Thompson called the regular meeting of the Tiburon Town Council to order at 7:40 p.m. on Wednesday, March 7, 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, Town Attorney Danforth, Planning Director Anderson, Senior Planner Watrous, Finance Director Stranzl, Director of Public Works Wilson, Deputy Town Engineer Huginin, Chief of Police Odetto, Town Clerk Crane Iacopi ANNOUNCEMENT OF ACTION IN CLOSED SESSION Mayor Thompson said Council conferred with the Town Attorney regarding possible litigation but that no action was taken. r ORAL COMMUNICATIONS Jim Mallot, 987 Tiburon Boulevard, and his son Mark spoke on a proposed Eagle Scout project that would provide erosion control in an area that used to be a fire road on Ring Mountain. The project would consist of installing "check dams" in the gully to keep dirt from further eroding and running off into the Bay. Mayor Thompson said it was important to have the different agencies with jurisdiction in the area, Tiburon Fire District, Marin County Open Space District, and the Town to meet and discuss the project first. He also wondered why the Fire District had let the road deteriorate. Planning Director Anderson said he had spoken with the Fire District which did not use the road anymore, and that neither the Fire District nor the Open Space District had any issues with the proposal. However, Town Attorney Danforth said there was a liability issue for the Town. Council asked Mark to delay the project pending further Staff review and a recommendation. Council directed that matter to be placed on the March 21, 2001meeting agenda. Ms. Zhao, resident of San Mateo County, gave Council a videotape of the Falun Gong meditation practice and noted that people were being persecuted by the Chinese Government for practicing it. She said the practice was a way for people to better themselves and society. r' Town Council Minutes #08-2001 March 7, 2001 Page 1 ,-. CONSENT CALENDAR 1. Resolution of Commendation -Retirement of Chief Peter G. Herley a) Adoption of a Resolution of the Town Council ofthe Town ofTiburon Tiburon Commending Police Chief Peter G. Herley upon the Occasion Of his Retirement from the Town ofTiburon 2. Request by Town Attorney for Conveyance of Property from County of Marin - Property located at the intersection of Solano and Centro West Streets 3. Amicus Brief Request - San Remo Hotel v. City and County of San Francisco (No. S901757) 4. Amicus Brief Request - Lorillard Tobacco Co., et al., v. Reilly (No. 00-596) MOTION: Moved: Vote: To adopt Item Nos. 1-4 of the Consent Calendar. Bach, Seconded by Gram AYES: Unanimous REGULAR AGENDA 5. Presentation by Centro West/Raccoon Lane Neighborhood Group for Proposed Undergrounding of Utilities District - (Request Town Council Support to adopt Resolution ofIntention to Form District) r- Desmond King, 11 Raccoon Lane, said the project was in its "embryo stages", but asked for Council's endorsement in the form of a resolution of intent after which the neighborhood group would get cost estimates for various aspects of the project. Town Clerk Crane Iacopi also informed the Council that a petition had been circulated and signed by 23 homeowners in the proposed district and that 74% were in favor offorming the district. Council directed Staff to prepare a resolution of intent for the March 21,2001 meeting. 6. Ferry Area Access & Safety Improvement Project: Review of35% Working Drawings James McLane, principal ofJames McLane & Associates, brought Council up to date on the first major draft of the drawings, which had previously been reviewed by Town Staff, the Parks & Open Space Commission and Design Review Board. The drawings included changes to the bus shelter area, fountain area, two pedestrian arcades, and ferry plaza. The recomrilendations included adding a second bus shelter, new seating and benches, the creation of a new ferry plaza, and a new deck area on the waterside of Guaymas Restaurant. Steve Wheeler, also of James McLane & Associates, described the above changes in more detail. -- Town Council Minutes #08-2001 March 7, 2001 Page 2 ,-. " One of the recommendations included creating a new bike rack storage area along the edge of the plaza next to the riprap across from Guaymas Restaurant. Wheeler then focussed on the adjoining area, which he said could be improved by removing the existing trees and grass and making it a smooth surface plaza. The lighting and benches in the plaza area would match the proposed lighting and benches recommended in the pedestrian arcades and other downtown areas. Across the street from the plaza, in an area described by the designers as the "fountain plaza," a recommendation was made to remove the existing trees and replacing them with some deciduous ones that were less opaque. Wheeler said this would make the plaza more accessible to both pedestrians and would improve visibility to the adjacent shops and stores. Councilmember Gram asked what changes had been incorporated into the drawings since the walk-through of the area with certain Councilmembers. Wheeler said a configuration of grass islands had been added to the pedestrian plaza, among other things, but that it had been very difficult to incorporate all the suggestions from the Council along with the sometime conflicting comments of other commission members. Mr. McLane said the design of the bike rack had been changed. Councilmember Gram asked ,-. how many bikes were currently there on weekends. Mr. McLane said the plans provided for 60 spaces, with some other overflow areas. Gram wondered whether that was enough. McLane said the bike rail area could be expanded. Mayor Thompson said the rail turned the bike rack into a nice design element. Councilmember Slavitz thought the number of spaces should be maximized. Councilmember Gram warned that the Town did not own the property where the proposed overflow racks were located (near Dynasty Restaurant). McLane said there was already another, smaller rack near the bus stop. McLane reviewed his notes of the February 7 walk-through with Council, which included the following comments: --open up the bottleneck [to ferry] --separate bikes from people --lower height of the rail (from 42") --prohibit scooters or motorcycles on plaza --trees --expansion of existing bus shelter vs. building a second shelter -- Town Council Minutes #08-2001 March 7, 2001 Page 3 ,-. . --too many signs? McLane said that separating bikes from people might not be entirely practical, but suggested an alternative of installing bike racks in the fountain plaza area. Councilmember Gram said an artist's competition for a new fountain would soon be underway, so that any changes to the fountain would be prematur.e. McLane then discussed the removal of trees in the ferry plaza area. He said the plaza would give the visitor a "sense of arriving." He said trees were not appropriate in a waterfront park, and with the spectacular views that Tiburon had to offer, no further "dressing up" was necessary. In response to a question from Councilmember Slavitz, McLane said the new deck in front of Guaymas, on the site of the Allan Thompson Bridge, would be the same width but straightened out and lowered. In addition, the new deck would be metal which according to McLane would weather better than the existing wood. He also said the removable metal sections would be more serviceable and that it [the metal] gave a more "contemporary" look than wood. It was also noted that the proposed bike rack was metal, and that the benches were metal as well. -. In discussing the new light stands on the deck in front of Guaymas, Council directed the designers to lower them to below rail level. Vice Mayor Matthews focused again on whether the walkway to the ferry could be widened as a possible solution to the ingress and egress congestion problem. Mr. McLane said the issue could be addressed in more detail if the scope of the project was increased. Councilmember Bach said he thought by opening up the plaza area (as shown in the plans) and giving people a place to go once they crossed Zelinsky Bridge, could help mitigate the problem. Mayor Thompson said he thought Blue & Gold Fleet should be brought into the discussions about solving the congestion problem. Deputy Town Engineer Huginin suggested that some sort of structural design could be incorporated into the plans for future development. Councilmember Bach said one thing that could be done would be to cut off the inside corner of the bridge or deck area to help eliminate the bottleneck. Councilmember Gram asked whether McLane's group was keeping track of the numbers (dollar amounts) incurred with all the design changes. Mr. McLane said a bill had been submitted for the work to date. -- Town Council Minutes #08-2001 March 7, 2001 Page 4 ,-. Mayor Thompson opened the public hearing. Michelle Kelly of Guaymas expressed concern about the height of the lights on the new deck. She said they would be better located underneath the rail to preserve the views and avoid glare. Susan Asthon, 1846 Centro West, ferry commuter, talked about difficulty of exiting onto Ze1inksy Bridge when large groups of people were lined up waiting to board the ferry. She also said that lighting should be improved on the bridge since it was easy to trip and fall in the dark. Ms. Ashton said she had also noticed that people were illegally parking in the traffic circle on Paradise Drive. Helen Lindqvist, 3 Cazadero Lane, said improved ferry access was needed for pedestrians rather than bikes. She recommended that the bike racks be put in the fountain plaza and that benches be installed in the ferry plaza so that people could sit and look at the Bay. Steve Sears, owner of Sam's Anchor Cafe, said he had been working with Jim McLane and Steve Perry on the Downtown Design Guidelines. He said they had a good vision of the future of the downtown area and a good grasp of the different areas. He recommended that the Council let them do their job and not "pick to death" the plans, nor "design by committee." ,....... Steve Perry discussed the possible removal or replacement of the trees in the two plazas and asked for direction on whether there should be grass, trees or bikes in the ferry plaza. Each Councilmember added their comments. Councilmember Bach said he liked the ferry plaza without bikes, but suggested removing the grass. On the other hand, he said the placement of a kiosk might help screen the rail where the bikes would be stored. He also said he preferred no trees in the fountain or bus stop area. Councilmember Slavitz said that Town had to provide for bike parking and that he knew that bikers would not want to be separated from their bikes by parking them across the street. However, Slavitz said his main concern was traffic flow and the bottleneck from the ferry. Councilmember Gram said to forget about adding a second bus shelter and use the money instead to fix the bridge [to relieve congestion]. He said the 22 proposed signs were too many and should be concentrated only in the ferry area. He also said to leave the anchor where it was in the traffic circle rather than (temporarily) moving it to the fountain plaza. As for the bike issue, Councilmember Gram said he continued to be concerned about "mixing bikes with people," and said more ideas were needed to solve this problem. Gram said the 30-year old trees on the fountain plaza should not be removed. Councilmember Gram also recommended paving over the grass triangle shown in the plans and said to "get rid of' the 10 foot high lights. ,-. Town Council Minutes #08-2001 March 7, 2001 Page 5 Mayor Thompson concurred that the lights should be below the rail on Allan Thompson Bridge, ,-. and that the grass knoll area should be maintained, but the grass triangle should be dropped for creation of the ferry plaza. Thompson said it was impossible to separate bikes from people, but said the proposed "rail" was an architectural element that would look good with or without bikes. He asked whether the height of the rail could be lowered, and also suggested expanding the rack area near Paradise Cafe. Mayor Thompson said that one purpose of the new signage was to make the Town friendlier to pedestrians. He said the [22] signs were needed to link Main Street to Ark Rowand the other parts of the Town. Thompson also said he preferred wooden benches. Finally, a resident of Pt. Tiburon noted that any widening of the sidewalk in the area of Dynasty restaurant would make it very difficult for cares to make U-turns when they entered the Pt. Tiburon driveway by mistake. Council summarized its priorities for the designers into two categories, "high" and "low": High = improve traffic flow; concentrate on new ferry plaza design. Low = new path to parking lot; replacement of trees. ,-. 7. PUBLIC HEARING Appeal of Planning Commission denial of Conditional Use Permit to construct a new pier and boat lifts on property located at 16 Old Landing Road - AP Nos. 38-171-59 & 38-171-60 (Richard & Linda Torretto, Appellants) Senior Planner Watrous gave the Staff report. He said the Planning Commission had denied the application for a Conditional Use Permit to construct a pier, boat lifts and boat storage at 16 Old Landing Road on January 24,2001. He said Mr. Torretto, property owner appealing the decision, had originally submitted an application for a longer pier (54 feet versus 52 feet), and had further reduced the width ofthe pier by four feet to a width of 12 feet. In addition, a kayak lift and storage were removed from the original plans, with the remaining boatlift moved from the left side of the pier to the ride side to mitigate visibility. However, the Commission still voted to deny the application, and Mr. Toretto filed a timely appeal. Watrous noted there were three other piers in the area, but none with an active boatlift, which was one ofthe reasons the Commission denied the application. Watrous also noted that a previous pier on the property had been demolished by a storm and was removed several years before the property was annexed to the Town. -- Town Council Minutes #08-2001 March 7. 2001 Page 6 ,-. In response to a question from Vice Mayor Matthews, Watrous said Staff would have considered the application a "replacement" only if the pier had been removed with 60-90 days prior to the application. Mr. Toretto made his presentation to the Council. He noted the changes he had made to the original application, including a new location for the pier, which was not visible at all by one of the neighbors except from a second story window. He said he had invited all the neighbors over and had tried to appease them. Mr, Toretto said he was confused by the Commission's decision to deny his application, based in part, by it "not fitting the character of the neighborhood." He said he currently saw three piers from his property, all of which were much longer than his. He also said that in 1999 the Town had approved a dock and boat1ift at 5000 Paradise Drive. Mr. Toretto said that the three reasons given for the denial of the application were: 1) that the pier was an obstructive presence, 2) inconsistent with the area, and 3) that it should be less obtrusive. He said he had addressed the first two issues by reducing the length and width of the pier, and by substituting a less obtrusive but costlier boat lift, and that the pier would be located behind an existing break wall which was a natural barrier. Toretto also said he had changed the design of the boatlift and had bought a smaller boat. ,-. Mayor Thompson asked about the height of the railing on the dock. Mr. Toretto replied that it would be at whatever height was legally required but as unobtrusive as possible. Councilmember Gram asked to see the location of the previous dock on the map. Councilmember Slavitz said the story poles showed the pier but asked how much wider it would be with the hoist (boatlift). Toretto said the dock was 8 feet wide and the hoist extended out about 5 feet and stretched to 12 feet at the end. Mayor Thompson opened the public hearing. Joan Foster, 34 Old Landing Road, said she didn't remember any previous pier, and that the Town would set a precedent ifit started approving new piers in that location. She said BCDC did not encourage piers, and that the cove was unique in that during low tide it was primarily a mud flat, which left the piers "naked" and exposed. Helen Muirhead, 4200 Paradise Drive, said that although people were often opposed to change, she and her husband supported the proposal because that people should be allowed to increase their property values and enjoy the water. She said the cove was a shallow area and a dock was needed in order to launch a boat. She said the neighbors to the North said they would look at the dock but noted it was not one of their primary views. -- Town Council Minutes #08.2001 March 7, 2001 Page 7 r Walter Allan, 22 Old Landing Road, 25 year resident, above the Toretto property, said he could see all three existing piers, and that Turetto's proposed pier would not intrude on any views. Dr. Alex Finkle, 19 Old Landing Road, 30 year resident, said he could have built a pier but didn't. He said he was opposed to the project. Paul Erickson, 14 Old Landing Road, 15 year resident, said he supported Toretto's proposal and that everything he had done to his property had been "first rate." He said Toretto had been a good neighbor and that he trusted his judgment. He also said he was "stunned" by the opposition. Jeff Chanin, 28 Old Landing Road, said the eight farni1ies on the bayfront objecting to the application had done so not because of the view obstruction but due to an environmental sensitivity for the area. He said a pontoon or other alternatives to a boat on a lift sitting out of the water should be explored. Chanin said approval of any new pier would set a precedent for the area since no docks had been built there since the 50's. Councilmember Slavitz asked whether the other three piers in the area were used. Mr. Chanin said he kept his boat in Paradise Cay. _ Councilmember Gram asked Mr. Chanin if he objected to the pier or just the boatlift. Chanin replied that it would be "hard to control once built" and asked whether more and bigger piers would be built in the future. Mr. Chanin said he would even take his pier down and maybe the other owner would too. However, he said a compromise would be to do without the lift. Jeff Haynes, 33 Old Landing Road, said the cove was a boating cove, which he and his family had used immeasurably for 23 years. He said he was mystified by Chanin's objections since he had remodeled his dock twice. Haynes also noted that Chanin and two other people were partners in a boat owned by him (Haynes). Les Shorter, Western Dock Enterprises, said that last time a dock had been built in the area was 1972, therefore there did not appear to be a "rush" on new docks. John Kricensky, 27 Old Landing Road, said his children swam and kayaked in the cove, but he expressed concern about future docks on every lot and the [increased] presence of powerboats. During the appellant's rebuttal, Attorney Gary Ragghianti said the Staff report stated that the Commission "gave little credence to the possibility of setting a precedent" and that the issue was wholly irrelevant. He pointed out that the applicant's pier would be the smallest in the cove, the most secluded in an area where views were not impacted. - Mr. Ragghianti also said the pier at 32 Old Landing Road had two existing hoists. Town Council Minutes #08-2001 March 7, 2001 Page 8 r- Councilmember Gram asked how the Council would be able to deny future piers if it approved this application. Mr. Ragghianti said that one was not dependent on the other, and that the law did not forbid approval or denial if the appropriate findings could be made. Councilmember Slavitz pointed out that the Planning Commission's main objection was to the (obstruction of the) boatlift. He said that maybe a low-lying dock with kayaks would be okay. Slavitz also said the Town would be setting a precedent ifit denied the sensitivity to the coastal environment of the cove under LU-4. Vice Mayor Matthews said he was not a "boat ,person" but appreciated that aspect of the community. He said the application appeared consistent with the surrounding neighborhood. Councilmember Bach said the application was for a "short dock" in its "own cove" and that approval would not represent a precedent. Bach also said it did not seem right for the neighbors to object since their primary views were not impacted. However, Bach said maybe a less obtrusive lift could be installed. Mayor Thompson and Councilmember Gram asked some specific questions about the lift and how high the boat would stand out of the water. Mr. Shorter, of Western Dock Enterprises, said it would just keep the boat above the high tide level. r Councilmember Gram commented concerning the dock that there was "no better place" for it than the proposed location. He said the only question in his mind had been whether the hoist should be there. He said he would recommend setting a condition that the bottom of the hoist goes no higher than the top of the dock itself. As to precedent, Gram pointed out that the application for a conditional use permit, and that each permit would have to be reviewed individually. Mayor Thompson concurred, and said he agreed with the findings in the original Staff report to the Planning Commission. MOTION: To Grant the Appeal to construct the dock and design the hoist so that the keel of the boat did not exceed the height of the dock walkway. Bach, Seconded by Matthews AYES: Bach, Gram, Matthews, Thompson NOES: Slavitz Moved: Vote: 8. PUBLIC HEARING Recommendation to Amend the Tiburon Municipal Code Regarding Text Amendments to the Town's Zoning Ordinance - (Second Reading and Adoption) a) An Ordinance of the Town Council of the Town ofTiburon Repealing, ,-. Town Council Minutes #08-2001 March 7, 2001 Page 9 ,...... Adding, and/or Amending Various Provisions of Chapter 16 of the Tiburon Municipal Code Commonly Known as the Tiburon Zoning Ordinance (Ordinance No. 360 N. S. as Amended) Planning Director Anderson said the Planning Commission remained split on the proposed amendment regarding size of secondary dwelling units. He said the original proposal was to increase the allowable square footage from 700 square feet to 1000 square feet. Another proposal, considered by the Planning Commission, was the idea of not exceeding one- third third of the existing house size, or one-third of the allowable FAR. Councilmember Gram said his intention was to create the ability to have larger second units, which could accommodate two bedrooms and thus increase the Town's affordable housing stock. He agreed with that the "not to exceed" one-third FAR proposal could accomplish this as long as no variances or setback exceptions were required. Council concurred. MOTION: Moved: Vote: To read the ordinance by title only. Bach, Gram AYES: Unanimous r- Mayor Thompson read, "An Ordinance of the Town Council of the Town of Tiburon Repealing, Adding, and/or amending Various Provisions of Chapter 16 of the Tiburon Municipal Code Commonly known as the Tiburon Zoning Ordinance (Ordinance No. 360 N.S. as amended)." MOTION: Moved: Vote: To adopt the above ordinance, as amended. Gram, Bach AYES: NOES: ABSENT: Bach, Gram, Matthews, Slavitz, Thompson None None 9. PUBLIC HEARING Recommendation to Adopt New Administrative Citation Fines (a) Adoption ofa Resolution of the Town Council of the town ofTiburon Setting Forth the Violations of the Municipal Code that May be Enforced By Administrative Citation Pursuant to Chapter 31 of the Municipal Code And Establishing a Schedule of Fines for such Violations Town Attorney Danforth gave the Staff report. She said that since the adoption of Chapter 31 of the Municipal Code in 1998, which provided for code enforcement through an administrative citation process, Town Staff had found it increasingly difficult to enforce certain building code -- Town Council Minutes #08-2001 March 7, 2001 Page 10 ,-. . violations due in part to the amount of the fines. She said this problem and others, such as instituting a method of compelling homebuyers to comply with the requirements of the Residential Building Report, could be addressed through adoption of a new resolution. A discussion ensued with Council over the amount of the fines. Council had a number of questions about how the fees and fines proposed or currently colIected by the Town compared with other cities; also if they were tied to the value of a home. Vice Mayor Matthews expressed concern about the amount of some fines being quadrupled. Councilmember Gram asked ifthere was any discretion in determining violations, e.g. the difference between a small change to plans and work without a permit. Planning Director Anderson said that the Building Official had a lot of discretion. At any rate, Councilmember Gram directed Staff to give a concise copy of the new fine schedule to contractors and applicants along with their permits. Councilmember Slavitz recommended that Staff report back to the Council in six months or a year to determine the effectiveness of the new fines. MOTION: Moved: Vote: To adopt Resolution setting forth the Violations and new Fine Schedule. Gram, Seconded by Slavtiz AYES: Unanimous ,-. 10. PUBLIC HEARING Recommendation to Adopt New and Revised Permit Application Fee Schedules to Increase Cost Recovery of Administrative, Legal, Plan Storage and other Costs (a) Adoption ofa Resolution of the Town Council of the Town ofTiburon Superseding Resolution No. 3353 and Establishing New Planning, Building, and Engineering Fee Schedules for the Town ofTiburon (b) Adoption ofa Resolution of the Town Council of the Town ofTiburon Superseding Resolution No. 3354 and Adopting an Hourly Rate Fee Schedule for town of Tiburon Personnel Town Attorney Danforth said that Staff had been reviewing the Town's cost recovery system since October 2000. She said the Planning Director believed that the current system of setting a flat fee for most applications was adequate to cover the Town's incidental costs for Planning, Building and Engineering personnel. However, in some cases an application required more significant amounts of time without providing for recovery of such costs. Planning Director Anderson said that the County of Marin, and cities such as Novato, Mill Valley -- Town Council Minutes #08-2001 March 7, 2001 Page 11 - . Planning Director Anderson said that the County of Marin, and cities such as Novato, Mill Valley and San Rafael charged a surcharge for such long-range planning. These surcharges ranged from 5% (County) to 15% (Mill Valley and San Rafael). Anderson said the 10% surcharge model would be adequate for Tiburon to recover its costs. In regard to hourly rates, Planning Director Anderson proposed some modifications to the Town Engineer's rate schedule, but Council asked for a comparison of hourly rates of some other cities before adopting a rate schedule for other Town personnel. Council also discussed whether or not to raise the cost the Town charges for filing an appeal. It was generally agreed that in some cases it would be impossible to fully recover the cost of time spent by Town Staff and the Council on certain appeals. Therefore, it was agreed to allow this fee to remain status quo. MOTION: To adopt Resolution superseding Resolution No. 3353 and establishing New Planning, Building and Engineering Fee Schedules for the Town ofTiburon Gram, Seconded by Bach AYES: Unanimous Moved: Vote: Council continued adoption of a new hourly rate resolution pending comparative information from other cities. - COUNCIL. STAFF. COMMITTEE REPORTS AND RECOMMENDATIONS 11. Request from Town Clerk - Select Date for joint Planning CommissionlDesign Review Board/Town Council Workshop Town Clerk Crane Iacopi said the Commission and Board had selected March 29 and April 12 as potential dates. Council selected April 12, with an early (6:30 p.m.) start time so that Councilmember Bach could attend the LAFCO meeting at 8:00 p.m. Dinner to be provided. WRITTEN COMMUNICATIONS Town Council Weekly Digest - February 23,2001 No comments. Town Council Weekly Digest - March 2, 2001 Items 3, 5 & 8 noted. RE: Item 8 - BT Recreation Space NeedslRUSD Facilities Plan - Meeting scheduled for March 19 at 7:30 p.m. at Town Hall. Thompson, Matthews and Gram can attend. - Town Council Minutes #08-2001 March 7, 2001 Page 12 ~ " ~ . ' ADJOURNMENT There being no further business before the Town Council of the Town ofTiburon, Mayor Thompson adjourned the meeting at 11 :30 p,m., sine die. ~~ /'- r , ./ ,.../1 ;\NDREW TIlOMPWN, ~ A~ ~ DIANE CRANE IAct~ CLERK Town Council Minutes #08-2001 March 7, 2001 Page 13 -'~