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HomeMy WebLinkAboutTC Min 1998-06-17 , ,-.... TOWN COUNCIL MINUTES CALL TO ORDER Mayor Matthews called the Joint Meeting of the Tiburon Redevelopment Agency and the Town Council of the Town of Tiburon to order at 7:45 p.m. on Wednesday, June 17, 1998, at Town Hall Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. A. ROLL CALL PRESENT: BOARDMEMBERS: COUNCILMEMBERS: Bach, Gram, Hennessy, Matthews, Thompson (Same as above) PRESENT: EX OFFICIO: Executive Directorrrown Manager Kleinert, Town Attorney Danforth, Planning Director Anderson, Finance Director Stranz1, Chief of Police Herley, Superintendent of Public Works Iacopi, Senior . Planner Watrous, Town Clerk Crane B. BUSINESS MEETING - JOINT MEETING 1) APPROVAL OF REDEVELOPMENT AGENCY MINUTES - #02-98, April 1, 1998. (See Redevelopment Agency Meeting Minutes, #03-98.) - C. 2) PUBLIC HEARING - JOINT MEETING 1155 Tiburon Boulevard (Ned's Way Senior Housing Project): Consideration of Disposition and Development Agreement with Ned's Way Garden Homes, LLC, Regarding Possible Future Construction of a 25-Unit Senior Housing Project; AP# 58-151-35. (See Redevelopment Agency Meeting Minutes, #03-98.) MOTION: To Adopt Resolution Approving the Execution and Implementation by The Tiburon Redevelopment Agency of a Disposition and Development Agreement for the Ned's Way Senior Housing Development and Taking Related Actions in Connection with such Approval. Thompson, Seconded by Hennessy AYES: Unanimous Moved: Vote: 3) FY 1998-99 REDEVELOPMENT AGENCY BUDGET - (Approve) (See Redevelopment Agency Meeting Minutes, #03-98.) D. ADJOURN JOINT MEETING A. ROLL CALL - TIBURON TOWN COUNCIL Same as above. III r"' Town Council Minutes #1142 June 17,1998 Page 1 ~ B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If anv) Mayor Matthews said there was no action taken in closed session. C. PUBLIC OUESTIONS AND COMMENTS Stewart Hopkins asked that the Railroad Marsh (Flood Plain) Improvement Plan be placed on a future agenda. He said he did not like the idea of holding the funds for the project indefinitely to earn interest. Mia Bashore, Pt. Tiburon Marsh homeowner, asked the Council to consider performing maintenance on the marsh every four to six months. She said it would cost less to maintain on a regular basis rather than once every four years. Town Manager Kleinert said the Town had an annual marsh maintenance program for Pt. Tiburon, but he agreed with Ms. Bashore that the item should be discussed. Kleinert said it cost $25,000 to do windowing and cutting in the marsh every four years. Superintendent Iacopi said the [State] Fish and Game Department had approved the four-year maintenance program because it allowed enough growth for the marsh birds and animals to hide and nest in. Councilmember Hennessy, a Pt. Tiburon Marsh homeowner, did not participate in the discussion. __ D. COUNCIL. COMMISSION & COMMlll]!;E REPORTS Mayor Matthews gave a brief report from the MCCMC Legislative Committee on the proposed repeal of the Vehicle License Fee pending in the State Assembly. On another subject, Councilmember Thompson said he met with representatives from Marin Ride Shares and was also planning to meet with the RUSD Board to discuss car-pooling in Tiburon. He asked to have the item placed on the next agenda for Council consideration. E. CONSENT CALENDAR 1) TOWN COUNCIL MINUTES - #1138, May 6, 1998 - (Approve) 2) TOWN MONTHLY POLICE STATISTICS - May, 1998 - (Accept) 3) AMICUS BRIEF REQUEST - West Cavina v. Perkins, U.S. Supreme Court No. 97-1230 - (Approve) 4) NEW EASEMENT FOR UTILITIES UNDERGROUNDING ON TffiURON BL YD. - (Approve Authorization of Relocation Agreement - Adopt Resolution) 5) REQUEST FOR WAIVER OF ANNEXATION - Approximately 0.16 Acre Parcel on Mar East Street; Martha Company, Owner; Norah Crawford, Applicant - AP# 59-212-07 MOTION: Moved: Vote: To add Item No. 10 to Consent Calendar. Hennessy, Seconded by Bach AYES: Unanimous r"' Town Council Minutes #1142 June 17,1998 Page 2 ,--. MOTION: Moved: Vote: To Adopt Consent Calendar, as amended above. Bach, Seconded by Hennessy AYES: Unanimous F. UNFINISHED BUSINESS 6) NEW POLICE BUILDING & EMERGENCY OPERATIONS CENTER - --Review Contractor Bids --Authorize Award & Execution of Contract for Construction of New Police Building and Emergency Operations Center Project Manager Wilson distributed a spreadsheet showing the bids for the Tiburon Police station, submitted by six contractors, for Council review. He said the low bid was only slightly higher than the architect's estimate. Wilson asked Council to award the contract, based on the low bid of $1,630,000, to Transworld Construction of San Francisco, pending review of the references and receipt of bonds. Council also reviewed the bids for the roofing .and landscaping alternates and agreed to include the roof alternate in the amount of $6,000, as bid by Transworld Construction, in the award. Project Manager Wilson said that since the Tiburon Public Works Department had done such a fine job on the landscaping of the Town Hall, he recommended that they do the same for the new Police Station. Councilmember Hennessy commented that this would happen after Public Works had hired ,-... another worker. MOTION: To Award the Contract for Construction of the Tiburon Police Station to Transworld Construction of San Francisco, including Alternate 1 for $6,000 (Roofing); deleting Alternate 2 (Landscaping); and to Authorize the Town Manager to execute the Contract, subject to Staff Findings. Hennessy, Seconded by Thompson AYES: Unanimous Moved: Vote: Town Manager Kleinert thanked the Building Advisory Committee. Chief Herley thanked Town Manager Kleinert and the entire team of people who had been involved in the planning of the project, both volunteers and staff. G. PUBLIC HEARING 7) TOWN MUNICIPAL BUDGET - TWO YEAR PROGRAM 1998-2000 --Capital Improvement Program --Debt Service Town Manager Kleinert briefly reviewed some of the capital improvement projects, continued from the previous meeting. Finance Director Stranz1 said the only indebtedness of the Town was $300,000 in 1972 Open Space Bonds which were being retired in $70,000 annual segments. r"' Town Council Minutes #1142 June 17, 1998 Page 3 r- Town Manager Kleinert said the entire budget would be on the July 1 agenda for adoption. During public hearing, Dr. Maureen Miekle asked if Harbor Oak Drive would be added to the list of streets on the capital improvement program. She said it was slated for repair if Measure "C" had passed in 1996, but was not included in the current budget. Staff responded that the Town Engineer was preparing an ongoing list of streets, in addition to the ones listed in the budget for the next fiscal year. 8) PRECISE DEVELOPMENT PLAN & FEIR - "ROUND HILL OAKS" - Proposed Subdivision of3.7 acre site into 4 single-family Residential Lots - Sanford Goldeen & Co., Applicants; AP#058-301-26 - (Approval of Draft Mitigated Negative Declaration/Adopt Resolution). Senior Planner Watrous said the project had been reviewed and unanimously approved by the Planning Commission, pending final approval of the EIR and Council approval of the precise plan. He said mitigation measures had been proposed to minimize grading and to preserve some of the oak trees, and that two options had been proposed to address the downhill drainage. Councilmember Gram asked if there would be an increase in the amount of run-off into the Belvedere Lagoon. Watrous replied that if either of the two options were employed, there would not be. __ Mayor Matthews addressed the issue of neighborhood opposition to the plan. Vice Mayor Bach asked if any of the neighbors supported the plan. Senior Planner Watrous said that no letters were received specifically in favor of the plan, and noted that he had included a letter from Alan Littman opposing it. Watrous said the neighborhood opposition dealt with concerns about the visibility of the (proposed) house on Lot 2, although he said that most houses on Round Hill Road were highly visible before the trees and vegetation grew in. Councilmember Thompson asked about an easement referred to in the Staff Report through the Marinero Heights property. Watrous said that it was an old easement that had been entered into prior to the completion ofMarinero Heights, and that Mr. Goldeen (the applicant) would seek access off Round Hill Road instead. Watrous noted that there was now a swimming pool located in the area in question. Finally, Watrous said that most of the excavation on the project was actually work required by the General Plan to re-do the terrain due to unsafe conditions. Councilmember Gram, referring to Alan Littman's letter, asked ifhis concerns had been brought up at the Planning Commission hearings. Watrous answered affirmatively. r"' Mayor Matthews opened the public hearing. Town Council Minutes #1142 June 17, 1998 Page 4 r--- Sanford Goldeen, Applicant, 10-year resident ofTiburon, described the Round Hill Oaks project and said is was his first land subdivision project. He said it was an "in-fill" site, surrounded by existing development on four sides, which made access challenging. Goldeen said that although nine houses were allowed in the area per the Town's zoning ordinance, he had scaled it down to four because of the terrain. He reviewed the details of each lot for the Council, including the issues of drainage from Lot 1 onto the Stahnke (downhill) property. According to Goldeen, the Stahnke's had inherited some pre-existing conditions (which had caused a slide on their property over the winter), but the proposed mitigation measures for Round Hill Oaks would direct drainage away from their property. Goldeen said all the set-back and landscaping requirements had been met and that he had even offered to reduce the size of the house on Lot 1 to minimize the impact on the Stahnke's. Goldeen said the complaints about the house, on Lot 2 were from Mr. Sofnas, whose house was downhill and in the trees. . For the development of Lot 3, Goldeen said he hoped that the Marinero Heights Property Owners' Association would fix a broken water line on their property which, he said, had created a landslide on his property. -- Goldeen said Lot 4 was large and covered the upper portion of the property, with most of it being open space at the top. Goldeen said Round Hill Oaks was a good, well-thought-out project, and that over 37 town officials and consultants had worked on it for during the past two years. Leo Bodian, 88 Round Hill Road, said the easement through Marinero Heights was valid and had been filed and recorded with the County. (He passed out his copy for viewing by the Council.) When asked by Councilmember Gram what he thought the significance of the document was, Mr. Bodian replied that it meant Mr. Goldeen could enter his property through Marinero Heights. Senior Planner Watrous said there might be a legal question as to the appropriateness of that action. Town Attorney Danforth said that adverse possession might exist. Charles Sofuas, 75 Round Hill Road, said a "massive house" would be visible when driving by, and that he had failed to get an answers to his questions from either Staff or the Planning Commission. He asked why the house could not be set back more than 10-20 feet. .- Mr. Sofnas said there was plenty of room on the 3.7 acres (of the project) to not "cram" all four houses down around Round Hill Road. He also expressed concern about the amount of excavation on the project, and said that the projected 60 truck loads offill to be brought in could not possibly be correct. r"' Town Council Minutes #1142 June 17,1998 Page 5 ,,-... Keith Stalutke said he and his family had not "vigorously attacked the project" as stated by Mr. Goldeen. He said that even though the Staff Report stated there were no privacy or view impacts on his property, it was not true. Mr. Stalutke said he was concerned about the diversion of drainage from Lots 2,3 and 4 onto his property and the sight impact from Lot 1. He also said he was worried about the length of time for construction and commented that it would take a long time for new trees to grow in. Mr. Stahnke concluded by saying that he and his neighbors would like the development "spread out" on the parcel. Mrs. Stalutke said the neighbors would like to keep the "open feeling of the neighborhood. " Alan Littman, 100 Round Hill Road, suggested eliminating Lot 1, moving Lot 2 back 20 feet, and that he disagreed with the EIR which stated that serpentine rock and serpentine bunch grass existed on the property. In response to a question from Councilmember Hennessy concerning the set-back of the house on Lot 1, Planning Director Anderson said the.Planning Commission thought 10 feet was enough to create a building envelope, but that the Design Review Board could require more once they saw the design of the house. Mayor Matthews asked whether the issue of the easement was the reason why the top portion of the parcel was not being developed. Anderson said he had advised Mr. Goldeen against development at -- the top because it was a highly visible area and not appropriate to build on. He said Staff had recommended access from Round Hill Road. During his rebuttal period, Mr. Goldeen apologized to the Stalutke's and said they had been very polite. Nevertheless, he said there was a general effort in the neighborhood to "slow me down," which he felt was unfair. Mayor Matthews closed the public hearing. Mayor Matthews said he was not prepared to make a decision on the project, and recommended referring it for further study to the Lands and Development Subcommittee (Councilmembers Gram and Thompson). Councilmember Hennessy said she had worked for a developer and that the topography "dictates something." She said she was concerned that the house on Lot 1 was "on the curb." She also said she was concerned about the overall drainage issue, and that preliminarily, she would like to see the plan reduced to two houses. Councilmember Thompson also expressed concerns about run-off, and wanted to know whether it was significant or not. """' -~ Town Council Minutes #1142 June 17,1998 Page 6 r-- Mr. Leonard Charles, who prepared the ErR, spoke and said the run-off was "small but measurable." He said it had a potentially significant intpact on the Stahnke's which could be mitigated by installing underground culverts. Charles said the impact further downstream was Yo cubic foot per second, which was "small" but had a cumulative effect when added together. Vice Mayor Bach said he disagreed with the idea of reducing the size of the parcel to two lots, although he acknowledged the perception of density on the lower portion. He said the owner of the property had a right to build, but thought that some sort of agreement could be reached. Councilmember Gram said he was troubled that the project had gone through a two-year process and he was now being asked to overturn a decision made by the Planning Commission. Gram said "clustering" the houses on the lower portion of the parcel was allowable within the guidelines of the General Plan, but asked whether that created other problems. He said he had no problem with the four lots if they "worked," and that he wanted to visit the two houses downhill from the project. Mr. Goldeen said he had no objection to the delay. Council agreed to refer the matter to subcommittee and hear it again on August 19'.. Senior Planner Watrous said the EIR had to be certified by July 3, 1998. Town Attorney Danforth said certifYing the EIR did not mean that Council was bound to accept every conclusion in the EIR. Moved: Vote: To adopt Resolution CertifYing the EIR for Round Hill Oaks Precise Development Plan. Thompson, Seconded by Bach AYES: Unanimous MOTION: -- MOTION: Moved: Vote: To refer the matter to the Lands & Development Subcommittee for review. Hennessy, Seconded by Bach AYES: Unanimous 9) APPEAL OF DESIGN REVIEW BOARD DECISION RE: Construction of 6,451 square foot single-family dwelling on current vacant parcel with Floor Area Exception - Project located at 88 Via Los Altos - AP#34-330-41; Eddie & Ana Baretto, Applicants; Mark Web & Peggy Brammer/Tiburon Crest Homeowner's Association, Appellants. Senior Planner Watrous said the Applicants and Appellants had worked out their differences and that the appeal had been withdrawn. H. NEW BUSINESS 10) STREET LIGHTS - Transfer of Town Street Lights to Marin Street Light Acquisition JPA- (Adopt Resolution) Adopted on Consent Calendar (see above). ,.-. .... Town. Council Minutes #1142 June 17, 1998 Page 7 I........ L COMMUNICATIONS None. J. STAFF & TOWN MANAGER REPORTS 11) UTILITIES UNDERGROUNDING PROJECT AT BLACKIE'S PASTURE - (Status of Refund for PG&E Cost Overruns). Town Manager Kleinert said he had not yet received the final report from PG&E. Item continued. K. ADJOURNMENT There being no further business before the Town Council of the Town ofTiburon, Mayor Matthews adjourned the meeting at 10:57 p.m., sine die. ~s.~,<} HARRY . MATTHEWS, MAYOR A'1lJL _ DIANE L. CRANE, TOWN CLERK J - ~ Town Council Minutes #1142 June 17,1998 Page 8