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HomeMy WebLinkAboutTC Min 1993-03-17 TOWN COUNCIL " MINUTES CALL TO ORDER Mayor Kuhn called the regular meeting of the Town Council of the Town of Tiburon to order at 7:35 p.m., Wednesday, March 17, 1993, in Room 5, Del Mar School, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Nygren, Friedman, Thayer, Thompson, Kuhn ABSENT: COUNCILMEMBERS: None EX OFFICIO: Town Manager Kleinert, Town Attorney Ewing, Town Engineer Bala, Supt. of Public Works Iacopi, Acting Planning Director Ari- derson, Associate Planner Catron, Finance Director Stranzl, Police Captain Lewis, Min- ute Clerk Kearney. l' B. PUBLIC OUESTIONS AND COMMENTS (A) Don Batten, Belveron, commended Town Officials and citizens who assisted in procuring funding for the construction of the footbridge connecting Shoreline Park to the ferry dock. (B) Mayor Kuhn noted the first edition of the Town Newsletter to be mailed out on Thursday, March 18, 1993. He stated the intent is to inform citizens of Town projects and stated the Town would welcome suggestions and comments. C. UNFINISHED BUSINESS 1. APPEAL OF DESIGN REVIEW BOARD DECISION (A.P. #59-172-27 and 27; 2024 Paradise Drive; Applicant: R. King; Appellant: Tiberio Lizza; Extension of Approval for Major Remodel - Consider Adoption of Resolution) ~ Mayor Kuhn reported that the Town Council held a Closed Session on Monday, March 15th at which time all five members of the Council were present, and at which time it was the consensus to achieve a compromise solution with the Kings on this project; and stated that Councilmember Thompson and himself were authorized to meet with the Kings and Kirk Hanson toward this effort. TOWN COUNCIL MINUTES #969 3/17/93 1 ~ Mayor Kuhn further added that the issues and concerns regarding the Council's ability to overrule prior Council decisions and rules governing permit extensions will be discussed at a future meeting. Councilmember Thompson stated that discussions to resolve differences included a proposed carport, in lieu of the garage, that would be open on three sides and allow view of the water; and that the extension date would commence upon acceptance of the design. He stated that Mr. King had agreed to this concept and his architect has prepared design drawings for Council's consideration and approval at this time. Councilmember Nygren noted that she had spent two hours with the Kings at their home on Monday, March 8th, at which time she made two suggestions for compromise, of which neither was acceptable to them. She stated that she had suggested 1) that the Kings agree to an extension that would apply only to themselves and not be applicable to any other owner of the home; and 2) that the Kings make a good faith effort to meet FAR requirements by removing all the walls of the garage and provide an unobstructed view of the Bay. Further, Councilmember Nygren stated that she was in Puerto Rico the week she was accused of violating the Brown Act by having discussions with other Councilmembers regarding this issue. ' Deputy Mayor Friedman stated that most of the Closed Session was spent discussing the defense of a potential lawsuit and the concept of compromise had been suggested beforehand. ~. Councilmember Thayer stated the Kings should be commended for their efforts to find a solution to this issue. ' Robert King, applicant, reviewed his comments as submitted including the following points: that 1) the garage door and south and east walls be removed and a wrought iron gate with an automatic opener be installed to keep out sightseers and prevent cars from turning around; 2) to accept the existing planned roof; 3) to place wrought iron guard rails along the east and south elevations; 4) to install a heavy glass windbreak on the south elevation facing the water; 5) that no further fees be incurred; and 6) that the one year extension commence with the signing of the agreement to withdraw their lawsuit. Councilmember Thompson noted that the wrought iron gate and railings need to be discussed; and clarified that only DRB fees would be waived and the Kings would be subject to regular building fees. Mr. King explained that the gate and railings are being requested because previous safety engineers have indicated that it is important not to provide an opening in the carport area that would allow cars to turn around and to not allow people to use the carport as a look out point. Further, he stated the automatic gate is necessary to avoid blocking traffic by having to get out of the car to unlock a chain. , Next, Councilmember Thompson requested discussion regarding the requested glass windbreak; and Mr. King stated the glass windbreak would not impair the views, but would shield them from the high winds common in that area. TOWN COUNCIL MINUTES #969 3/17/93 2 Discussion ensued regarding the height of the proposed gate, the wrought iron railing design, and size of and access to the glass windbreak from the south side. ~ Mr. King stated the wrought iron railing and gate would be 3-1/2 feet high on uphill side and widening to conform with the contour of the hill. The Town Council unanimously agreed to approve the 3-1/2 foot gate and railing with a reasonable scroll design. . , Regarding the planned roof, Councilmember Nygren questioned whether the roof line could be raised to increase the viewing area through the glass windbreak; and Mr. King responded a larger piece of glass would be non-standard and thus very costly, but he would agree to expand the glass as much as feasibly possible and in accordance with the Town codes. Councilmember Nygren further expressed concern regarding the glass windbreak's possible reflection, view distortion, strength, needed support structures that might further close off the view, and whether it is structurally possible to erect such a large piece of glass. ' Councilmember Thompson responded that the details of the glass windbreak design will be reviewed by the DRB and will be subject to Town building codes; and Mr. King stated the glass would be tempered and tinted to avoid reflection and glare, and precise plans for the structure are forthcoming. r The Town Council unanimously agreed to approve the concepts of an automatic wrought iron gate and wrought iron guard rails with appropriate scroll design; the concept of a glass windbreak; the concept of the existing planned roof; that no further design review fees will be charged in connection with this design change; and the one year extension will commence with signing of the settlement agreement. Councilmember Nygren requested the agreement include language that approval is given for one one-year extension only. 2. PROPERlY TRANSFER TAX (Review Proposed Ordinance Amendments and Status Report of Other Agencies' Interest) ~ The Town Manager reviewed the Staff Report and updated the Council on interest expressed by other Marin general law cities and towns regarding this issue, stating Larkspur has expressed interest; Belvedere wants to wait until after pending litigation has been settled; Corte Madera would prefer to wait until they have commenced their budget process to better evaluate their revenue situation; Sausalito is not interested in participating due to inequity, potential litigation, and budget considerations; Fairfax has expressed some interest; and the other cities have agendized the issue for upcoming meetings. He stated this matter will be before the MCCMC at its next meeting of March 24th; recommended continued Town pursuit in obtaining more interest from Marin cities and towns; and continue monitoring pending litigation. TOWN COUNCIL MINUTES #969 3/17/93 3 ~ The Town Attorney reported that Los Angeles just won in a court of appeal decision based on charter city grounds; and Berkeley won in superior court on a general demurrer without any written decision, arguing that Proposition 62 is unconstitutional; and is finishing briefing in the court of appeal of which a ruling will be made within a year. Councilmember Nygren questioned whether the League of California Cities had any statement on this issue, and the Town Attorney responded that League's position has been to encourage cities to be amicus on these issues. He added that he spoke to League lobbyists regarding whether they have considered introducing legislation amending the State Documentary Transfer Tax Act and they felt that as long as the validity of Proposition 62 is being questioned, there is no point to amend the Transfer Tax Act unless litigation resolves the constitutionality of Proposition 62. Mayor Kuhn opened the public hearing. Bob Holmes, representing the Marin County Realtors Assn., reviewed the positions of other Marin cities and towns, including Ross which decided the matter be first considered by the MCCMC; Mill Valley decided to monitor pending litigation before making a decision; Novato decided not to get involved, but monitor Tiburon's actions; and stated Corte Madera's mayor has expressed no interest in involvement. He expressed concern that the draft proposed ordinance is in violation of SB 1977 regarding public noticing; and stated this action would be inviting litigation. ~ Ralph Hockley, 20 Mara Vista Court and real estate broker, reviewed his comments as submitted in a letter to the Council; stated an increase in properly tax would result in litigation and questioned whether it is acceptable to start an action with the threat of a potential lawsuit;, stated the citizens want positive results with their tax money, not to finance lawsuits; stated this tax would be inequitable; stated the citizens must first be informed before the Council takes action; stated the Finance Committee report should first be considered before making a decision; and he stated a parcel tax would be more equitable. Mayor Kuhn stated the Council does not intend to take any precipitous action but to generate discussion and the proposed ordinance is part of the process in exploring this issue. Councilmember Thompson concurred that this is on the agenda only to notify the community; noted that the State is taking more and more money away from the cities resulting in a deficit and the cities must either cut services or raise revenue; reminded that May 1st is the next Council of Homeowners meeting at which time this matter will be discussed. Discussion ensued regarding how much revenue would be generated by different parcel tax formulas. " The Town Attorney informed the Council that San Rafael is considering a municipal tax for their June ballot, but a two-thirds voter approval for a general purpose tax is not necessary. TOWN COUNCIL MINUTES #969 3/17/93 4 r- .. Mark Lomas, 650 Tiburon Blvd., stated it is unfair to tax people moving out of Town when they won't benefit from the results of the tax; stated a utility tax is more equitable in that both homeowners and tenants are the beneficiaries of these taxes; and expressed concern that some individuals may be taxed doubly because some lots have more than one parcel. Robert Holmes stated that San Rafael's ballot measure proposes a municipal services tax of $70 per residence and includes apartment units; and the Town Council directed Staff to obtain a copy of this ballot measure. Virginia Brunini, Karen Way, suggested finding out what the deficit figures will be and split it equitably throughout the population, and stated a utility tax seems to be more equitable. Mayor Kuhn closed the public hearing. It was agreed this matter will be further discussed at the March 24th MCCMC meeting, and Councilmember Thayer recommended a subcommittee be established at the MCCMC level to investigate this issue. Councilmember Thompson stated that the Town must choose between cutting services or establishing a utility, parcel, or property transfer tax. ~ 4. HAZARDOUS AND SOLID WASTE MANAGEMENT JPA (Review Previously Approved JPA) The Council agreed to move this item forward on the agenda for discussion. The Finance Director stated this matter is being brought back before the Council because of concerns expressed by the League of Women Voters and requested additional public comment be received on the proposed JP A and that the Council's comments and concerns be formulated for forwarding to the County. ~ Polly Smith, 10 Barner Lane and representing the League of W omen Voters, agreed the lP A is necessary for certain regional issues in meeting the mandates of AB 939 if all the cities participate; San Rafael has declined to participate; Novato has adopted the JPA only in concept; stated small Towns should carefully consider all issues before participating in the JP A because to later make amendments to the JP A, a two-thirds vote would be required; stated more public input should first be received; stated Marin County has time to consider these issues because it is so far ahead in meeting the State mandates for solid waste reduction; stated the League feels it is illegal to move the operating agency from the County to the Joint Powers Authority and requests this issue be settled before moving ahead with the JP A; stated that because the JP A would take over all functions of the Office of Waste Management under their authority, the Office of Waste Management would have to move out of the County offices and those costs would have to be met by the JP A; requested clarification of the fee allocations; stated the specific powers and scope of the JP A need to be clarified; expressed concern about the vote equality under the JPA since only the County and cities are subject the AB 939 mandates; requested elected officials serve on the JPA board; expressed concern about TOWN COUNCIL MINUTES #969 3/17/93 5 the Advisory Committee's unwillingness to work with the League to resolve these concerns; and stated it is imperative the San Rafael join the JP A ~. Councilmember Nygren requested the League of Women Voters write an in-depth analysis of their concerns for the Council's use in reviewing these issues. Discussion ensued regarding the need for a JP A with additional refinement and the additional costs that are now unknown. Doug Wilson, Fairfax Councilmember and Co-Chair of the Solid Waste Management Committee, stated that without a JP A meeting the state mandates would be very expensive for each city; stated the JP A is an attempt to avoid duplication; stated this issue should not be delayed; stated all concerns of the League can be answered within the confines of the JP A as now formulated; stated the JP A would address issues of accountability; stated the LEA issue can be addressed by the JP A; and urged the Town Council approve the JP A as formulated with direction that details and concerns be addressed. Mayor Kuhn stated he would only support elected officials serving on the board; expressed concern over cost control under the JP A; and questioned the efficiency of a 23 member board. ~ ~ Councilmember Nygren questioned whether the County Counsel will be investigating whether the LEA can legally function under the JPA; and Mr. Wilson responded that even if it is found the LEA cannot legally function under, the JP A, another agency can be assigned to function as a LEA Ed San Diego, Belvedere City Manager, stated the JPA was drafted to allow the 23 agencies to make decisions for themselves; would offer more control over the waste stream and rates; stated the JP A has been reviewed by the franchisers, haulers, and the AB 939 advisory committee and their comments and concerns have been addressed; stated the LEA is a non-issue because if the JPA cannot maintain and LEA functions as part of its overall function, it will be eliminated as part of its responsibility; stated extensive public review has already been held on this issue; urged the Council support the JPA; stated that any agency can pull out of the JPA within the year without any financial obligation or liability; and stated the two-thirds vote requirement was included to protect the smaller agencies and the integrity of the operation. Polly Smith reiterated that a JP A is beneficial for certain functions, particularly the composting element; and suggested a separate rate structure committee to negotiate the most efficient rates for consideration by a decision making body such as Alameda County has established. Councilmember Nygren indicated support for the JP A principal, but suggested this issue be continued until after a response is received from the County Counsel regarding the LEA issue. ~ Councilmember Thompson stated this is another bureaucracy being forced upon the cities by the state while the state continues to take funding away; stated the problem is TOWN COUNCIL MINUTES #969 3/17/93 6 ~ with the consumer in its purchasing habits; stated consumers are now being charged too little and if fees were increased the consumers would be more careful and conscious of their garbage; stated the goal is to create markets for recycling and an industry that can be self-supportive; and suggested the Town could meet the State's mandates on its own. Also, Councilmember Thompson stated he does not support the current JP A and its strategy towards resolving the solid waste problem. However, he stated this does not mean that he will not support a future JP A that is structured differently. Councilmember Thayer stated that the JP A has already been adopted and appears to be the best approach to addressing these issues, and the Town will have a one year escape clause if it changes its decision; and recommended the Town Council reaffirm its , approval of the JP A Deputy Mayor Friedman agreed that a JP A is needed; stated it is what the citizens want; and would vote to reaffirm the adoption of the JP A Mayor Kuhn stated that a multi-county solution is needed to address the composting issue; expressed concern regarding cost control; but stated he would vote to support the JPA because it is the best solution for now. Councilmember Nygren reiterated that she is not prepared to reaffirm the JP A at this time. ~ .... Therefore, it was. the majority decision of the Council to reaffirm their support for the JPA D. PUBLIC HEARINGS S. PRECISE DEVELOPMENT PLAN (A.P. #38-182-41; 325 Taylor Road [Parcel H. Ring Mountain]; Request to Establish a Precise Development Plan to Allow One Single Family Home, Swimming Pool and Incidental Structures on 5.3 Acres Off the Taylor Road Extension. Resolution) The Associate Planner reviewed the staff report and stated one single family residence is proposed for the 5.3 acres instead of four as allowed by the General Plan; stated the building envelope layout was determined primarily by the topography of the lot; reviewed the proposed precise plan; and recommended the Town Council adopt the proposed resolution approving the precise development plan. Councilmember Nygren questioned whether the riparian corridor could be preserved; and the Associate Planner responded that this area requires repair. She further questioned the need for the 12' retaining wall; and the Town Engineer responded that he saw no technical problems with the proposed wall. - Councilmember Thompson questioned whether access would remain to the Ring Mountain area; and the Associate Planner responded that a fence would only be erected around the building envelope. TOWN COUNCIL MINUTES #969 3/17/93 7 ~. Val Schaaf, Project Engineer, presented a model of the proposed home; stated the closest house is 330 feet away; and stated the site selected for the building envelope was the most geologically suitable. Discussion ensued regarding the need for a secondary building envelope, which the applicant responded was for the driveway, landscaping, and fence; and whether a u- shaped house would be more desirable, which the applicant responded would require additional grading into the slide area. Hal Weiss, 4092 Paradise Drive and builder for the project, stated the building envelope represents 18.2% of the lot area; stated there is no riparian areas on this lot, but an area where a pipe drains; stated the lot coverage is 3.5% and both the Staff and Planning Commission concurred that this is reasonable relative to the size of the lot and the ability to conform to FAR requirements; stated the building height is 28' from the existing grade and after grading it will be 24' high at its highest point; stated the Planning Commission concurred that appropriate measures were taken to minimize the visual impact by grading, landscaping, and general modulating low profile of the preliminary design of this house; stated further refinement will be made during the desi~n review process; stated it is consistent with the general plan; stated 68% of the site will be open space; and stated the project complies with the zoning ordinance and environmental review requirements. ~ ~ Richard Hill, 2655 Paradise Drive, stated he hoped the home would be built to reflect the country values of the north side of the Peninsula; expressed concern about the building envelope location because of mass and privacy concerns from his back deck areas; stated it should be nestled more into the hillside; suggested moving the envelope back further into the lot and that the bulk of the house be reduced. Mr. Schaaf stated that additional landscaping will minimize the visual impacts from Mr. Hill's home and from Paradise Cay; stated the house was designed into the natural contours of the site; and stated the one-level home is necessary because of health reasons of the owner. Mayor Kuhn closed the public hearing. , The Council agreed that many of Mr. Hill's concerns can be resolved during the design review process. Councilmember Nygren suggested that the resolution including wording requiring that any retaining walls or drainage ditches be earth tone colors or screened with landscap- ing; that all greenhouse lighting be directed downward; and that the landscape plan be approved and bonded prior to issuance of a building permit to guarantee to the neighbors that the home will be screened. Council concurred to include the proposed amendments in the resolution. J TOWN COUNCIL MINUTES #969 3/17/93 8 Motion: I"'" - Moved: Vote: To adopt A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING A PRECISE DEVELOPMENT PLAN FOR RING MOUNTAIN PARCEL "H" (PD#6) ASSESSOR PARCEL NO. 38-182-41, as amended. Thayer, Seconded by Nygren AYES: Unanimous 3. TIBURON BLVD. SIGNAGE (Traffic Safety Committee's Report & Recommendations) After discussion, it was agreed to continue this item until after specific installation and purchase costs are received. Deputy Mayor Friedman requested a survey be conducted to determine what signs can be removed. CouncilmemberThompson left the meeting at 11:30 p.m. E. NEW BUSINESS 6. COMPENSATION/BENEFITS STUDY (Authorize Review of Manage- ment, Mid-Management and Professional Employees Salary & Benefit Compensation) ,,.., '-' The Finance Director reported that Richard Hinkel of the Citizens Committee has agreed to work with Staff to provide final scope to the proposed compensation/benefits study. The Council discussed the need for this study and including other East Bay cities for comparisons such as Alamo. Motion: Moved: Vote: To authorize the appropriation of $4,000 for a Compensation Study as proposed. Thayer, Seconded by Nygren AYES: Unanimous 7. 1993-94 TOWN BUDGET PROGRAM (Consider Revised Budget Calendar and Public Hearing Dates) The Town Council approved the proposed amended budget calendar hearing dates. 8. DOWNTOWN MAINTENANCE STRIP LANDSCAPING (Approve Public Works Recommendation) Councilmember Nygren requested the plants be selected carefully. JI The Town Council approved the proposed replacement of lawns with low growing shrubs and the installation of a drop system as proposed. TOWN COUNCIL MINUTES #969 3/17/93 9 r 9. CORPORATION YARD RESURFACING (Authorize Non-Budgeted Overlay Project) I The Town Council authorized the overlay project as proposed by Staff. F. CONSENT CALENDAR Motion: Moved: Vote: To approve the Consent Calendar consisting of the following item: 10. APPROVAL OF MINUTES #967, February 17, 1993. Thayer, Seconded by Nygren, AYES: Unanimous ABSENT: Thompson EMERGENCY ITEM - TALDAN The Town Attorney requested this matter be placed on the agenda as an emergency item. Motion: Moved: Vote: ,~ ~ To place this issue on the agenda as an emergency item. Friedman, Seconded by Thayer AYES: Friedman, Thayer, Kuhn ABSTAINED: Nygren ABSENT: Thompson The Town Attorney reported that Taldan representatives have stated four offers are pending on the property and they intend to make it a condition of escrow that the fees plus interest be paid to the Town prior to the close of escrow, but an additional six months is required; therefore, they are requesting a six-month extension to the development fee payment be approved by the Council. Motion: Moved: . Vote: To approve the extension of the Taldan payment schedule six months with the requirement that the interest rate remain at 10%. Friedman, Seconded by Thayer AYES: Friedman, Thayer, Kuhn ABSTAINED: Nygren ABSENT: Thompson G. COUNCIL. COMMISSION OR COMMITTEE REPORTS None. H. COMMUNICATIONS None. JI TOWN COUNCIL MINUTES #969 3/17/93 10 I. STAFF AND TOWN MANAGER REPORTS r I 11. New Town Center (Staff Proceeding with Environmental Impact Process RFP) The Council agreed to'direct Staff to pursue a negative declaration on the New Town Center project and pursue cost estimates for the retention of technical experts necessary to support a finding of negative declaration. A The Acting Planning Director reported that Jim Leverson of the Library Committee has requested the Library plans be reviewed by the DRB as a courtesy on April 8th. He further requested a Council decision regarding whether story poles should be erected; and the, Town Council agreed this would be appropriate. .T. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Kuhn adjourned the meeting at 11:45 p.m., to Wednesday, March 31, 1993. -",.. ~ ALVIN R. KUHN, MAYOR ATTEST: ~~f./oWN CLERK ~ TOWN COUNCIL MINUTES #969 3/17/93 11