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HomeMy WebLinkAboutTC Min 1998-04-01 ,-. TOWN COUNCIL MINUTES CALL TO ORDER Mayor Matthews called the regular meeting of the Town Council of the town of Tiburon to order at 7:52 p,m. on Wednesday, April 1, 1998, at Town Hall Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Bach, Gram, Hennessy, Thompson, Matthews EX OFFICIO: Town Manager Kleinert, Town Attorney Danforth, Planning Director Anderson, Senior Planner Watrous, Town Engineer Barmand, Town Clerk Crane B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any) Mayor Matthews said there was nothing to report from the closed session. r- C. PUBLIC OUESTIONS AND COMMENTS Mr, Nacio, 149 Blackfield Drive, said someone had put 10 gallons of gravel and cement on the street next to his driveway, which had gotten allover his cars. He said when he attempted to find out who was responsible for placing the materials there, he got the run-around from both of his neighbors but later determined that it was Mrs, Mindy Blauer. He then complained to the Town [Public Works Department] who allegedly removed the materials and put other gravel down. He also said there was a 10 x 3 foot hole in the street in front of his house. D. COUNCIL, COMMISSION & COMMITTEE REPORTS 1) BEL VEDERE/TIBURON LIBRARY AGENCY - (Annual Report). Carol Forrell, Library Board Chair, said she was available for questions. Councilmember Hennessy said it was an excellent report. E. CONSENT CALENDAR 2) TOWN COUNCIL MINUTES - No, 1134, March 4, 1998 - (Adopt). Councilmember Gram asked for a change to Item No.7, page 5, to reflect that when Jt. Recreation managed McKegney Green they ensured that" all three portions (of the Green] . , , were not all tied up at once." Gram clarified that this referred to the middle and two ends of the Green. 3) MONTHLY POLICE STATISTICS - February, 1998 - (Accept) 4) AMICUS REQUEST: Santa Monica Beach Ltd. V. Superior Court, Supreme Court Case NO. S082924 -(Approve) MOTION: To Adopt Consent Calendar, as amended. Moved: Hennessy, Seconded by Thompson Vote: AYES: Unanimous ~ Town Council Minutes #1136 April 1, 1998 Page 1 I""'-- F. 5) NEW BUSINESS MARIN COUNTY SALES TAX MEASURE - PROPOSAL FOR NOVEMBER, 1998 ELECTION - (presentation by Marin County Assistant Planning Director Carol Williams). Ms, Williams said she was representing the Countywide Planning Agency and the Transportation Steering Committee. She said they were seeking an endorsement for the proposed ballot measure to increase the Marin County sales tax by one-half cent. Ms. Williams said the sales tax was the most advantageous source of revenue which would generate $300,000,000 over 20 years. During public opinion surveys, 75% of the voters said they would support the advisory measure ("A") and 58% said they would support the tax increase, The projects would include a Marin segment of [light] rail service to San Rafael (with a later extension to Larkspur), expand local bus services, offer new shuttles and ride-share programs for West Marin, and complete the HOV car pool lanes in the 101 corridor. They would also include transportation programs for senior and disabled people, and would improve bike paths and facilities. Councilmember Thompson asked whether local streets were included in the proposal. Ms. Williams said the Steering Committee was not recommending them for specific inclusion, but that it was up to the local jurisdiction to decide how to spend their portion of the funds, r' Thompson said some of the funds should be used to preserve the Tiburon bike path. Mayor Matthews asked about the impact of Prop. 218 on the proposed tax. Ms. Williams said that the trial court had upheld a similar tax measure which passed in Santa Clara by a 51 % vote, but that the decision had been appealed. Councilmember Gram asked what was "in it" for Southern Marin, Ms, Williams said that 1) everyone uses Highway 101, 2) local transit service would be improved, 3) local streets could be improved, and 4) everybody benefits from a county-wide effort to improve transportation. Gram said he supported the measure but thought it important to be able to respond to questions from citizens in Southern Marin. Supervisor Annette Rose said that MTC monies and the Golden Gate Bridge District paid for commuter buses, but not transportation improvements included in the tax measure. She said that 20% of the morning traffic in Marin County was school-oriented, and that more buses were needed. Supervisor Rose also said that previous measures failed because they were associated with [pro- ] growth, but that the proposed tax measure included funds to be used to acquire additional open space within the County, Because of these factors, and because the tax was not just a transit tax, __ it would be considered a general rather than a special tax, according to Rose. Town Council Minutes #1136 April 1, 1998 Page 2 """' Councilman John Leonard from Mill Valley also made a brief presentation. He said there was an obligation for leadership from the Town Councils in that everyone wanted to maintain the quality oflife in the County, create affordable housing and jobs, and not sustain too much development. Leonard said this measure was the best plan he had seen so far. Councilmember Thompson said he supported the concept while he was on the Marin Economic Commission as a way [improved transportation] to keep business in Marin County. Thompson pointed out that the Tiburon multi-use path was heavily used by many people outside of the immediate area as a way to connect to San Francisco and Mill Valley. Councilmember Bach said the traffic situation in the East Bay was getting worse and he feared the same for the County. However, he said he had reservations about the tax measure but stated that there was not much choice. He doubted whether people in Marin County would go for public transportation, and warned against building "grandiose" train stations. He said that European [commuter] stations often consisted of only a platform and were heavily used. Councilmember Hennessy said she would like to see more local streets [improvements] included in the plan. She also said she would not support certain land acquisitions [in Fairfax] if they benefitted only the local community. /'"' In response to Councilmember Hennessy's question about whether specific open space parcels had been earmarked for purchase, Supervisor Rose said that the money would to to the Marin County Open Space Commission for parcels to be chosen as the need prevailed. She said some of the purchases could be baylands, as well. Rose also stated that Sir Francis Drake Boulevard was one of the most heavily traveled arterial roads in the County and that future development in West Marin would have an impact on traffic. Councilmember Gram said he was in favor of the plan but that there was some work to be done in the allocation of funds. MOTION: Moved: Vote: To endorse the Plan as presented. Thompson, Seconded by Gram AYES: Unanimous 6) REQUEST FOR ENCROACHMENT PERMIT ALLOWING NEW GARAGE IN ROAD RIGHT-OF-WAY - 2440 Spanish Trail Road, Michael J. Martin, Applicant- (Execution of Agreement with Applicant). Planning Director Anderson said the applicant wanted to convert a three-car deck into a two-car garage and carport. He said Staff recommended denial of the application because the structure would be an enclosed building within the public right-of-way. Town Engineer Barmand said that /'"' the County of Marin's experience had shown that it was more difficult to remove an enclosed Town Council Minutes #1136 April 1, 1998 Page 3 /'" structure on a public right-of-way once it was built because it became more or less an extension of someone's home, In response to a question from Vice Mayor Bach, Barmand said there had been litigation [at the County] over trying to take back such an easement, but that the Town could still put utilities in under the building or around it, rather than widening the street. Barmand said the only way to avoid litigation was by creating a revocable license [to build the structure]. Councilmember Gram asked if there were other garage encroachments on the street. Planning Director Anderson said there were car decks and car ports in the right-of-way, but Town Engineer Barmand said he didn't know of any and the County did not approve such applications, Town Attorney Danforth said that when the original permit (for the car deck) was granted, there was an agreement that she now recommended amending, if Council granted the application. Councilmember Gram suggested spelling out in clear language that the permit would be revocable and what that meant, and that attorney's fees in the case of litigation be included. Councilmember Thompson pointed out that the street dead-ended onto the Martha Property, which could very possibly result in a road-widening project if that property were developed in the future, /'"' Mayor Matthews opened the public hearing, Mr. Martin, Applicant, said he wanted the garage for his personal use and enjoyment, and said the Town Engineer's concerns were not justified in his case, Martin said all the major elements to construct the structure were already in place, i.e, the deck, support beams and concrete, and that no more of the right-of-way would be used. . Mr. Martin said that almost everyone on his street encroached onto the public right-of-way for parking because the houses were built on a downhill slope. He said there would be no heat or electricity in the garage and that all the garages on the street were detached and separate from the houses. Applicant Martin handed out photos of garages at 2304 and 2300 Spanish Trail, and asked why the County had not denied those applications. Mr. David Martin, father of the Applicant and his acting attorney, said he had called another legal expert who said the argument that it would be harder to force removal of an enclosed structure was not so, He said an agreement was enforceable and that the Town could lien the property and take it away, if necessary. /'"' Mr, Martin asked that the Council approve the project because 1) it met the requirements of Chapter 19 of the Town Code, and 2) an agreement would give the Town enforceable rights to demolish the structure, if necessary. Town Council Minutes #1136 April 1, 1998 Page 4 I"""' Mayor Matthews closed the public hearing & Council deliberated that matter. Councilmember Hennessy said in all her years as Town Clerk, no garages were permitted to be built in a public right-of-way. Councilmember Gram said the structure was already in place and could easily be removed. He suggested that these kind of applications be considered on a case-by-case basis. Mayor Matthews said the request seemed reasonable and would fit into the neighborhood. Vice Mayor Bach said he was concerned about setting a precedent. He stated that even though he liked the design of the structure, it was a matter of setting policy, Councilmember Thompson said Staff clearly and strongly opposed the application and he would support their recommendation. MOTION: Moved: Vote: To Deny the Application to build a garage at 2440 Spanish Trail Road. Hennessy, Seconded by Thompson AYES: Bach, Hennessy, Thompson NOES: Gram, Matthews PUBLIC HEARING PREZONING OF APPROXIM.ATEL Y 30 ACRES OF LAND ALONG THE WESTERN BOUNDARY OF TffiURON COMPRISED OF THE CYPRESS HOLLOW SUBDIVISION AND THE RANCHO DRIVE/BARN ROAD AREA, FILE R-98-02: Assessor Parcel Nos, 34-012-38,40,54,57,61; 34-201-02, 03; 34-202-01 through 12; 34-203-01 through 20; 34-392-02 through 10; 34-393-01 through 11; 34-394-01 through 18; 34-395-01 through 05. (Ordinance - Second Reading & Adoption) ,.-.. G. 7) Mayor Matthews opened and closed the public hearing. There was no public comment. MOTION: Moved: Vote: To read Ordinance by Title only. Hennessy, Seconded by Thompson AYES: Unanimous Mayor Matthews read, "An Ordinance of the Town Council of the Town of Tiburon Prezoning Property Located in the Cypress Hollow Subdivision and the Rancho Drive/Barn Road Area." MOTION: Moved: Vote: /'"' To adopt above Prezoning Ordinance. Hennessy, Seconded by Bach AYES: Bach, Gram, Hennessy, Matthews, Thompson NOES: None Town Council Minutes #1136 Aprill,1998 Page 5 i"'"' 8) PRECISE DEVELOPMENT PLAN AMENDMENT - To relocate building envelope on undeveloped lot at 94 Via Los Altos by approximately 35 feet to the North; AP#34-330- 27; Lisa and Leonard Gray, Applicants - (Resolution) Senior Planner Watrous said the application was to shift the building envelope back 37' which would improve the views of the next door neighbor. He said the Planning Commission had approved the requested amendment, Mohamad Sadrieh, architect representing the Grays, said the change was made at the request of the uphill neighbor and would create more openness and privacy between all three homes in the area. He also said that when viewed from the street, the change would make the structure less prominent. MOTION: To adopt Resolution approving Precise Development Plan Amendment at 94 Via Los Altos. Thompson, Seconded by Hennessy AYES: Unanimous Moved: Vote: 9) PRECISE DEVELOPMENT PLAN AMENDMENT - To expand building envelope for property located at 31 Gilmartin Drive; AP#55-523-12; Lawrence LanglHuiChi Liu, Applicants - (Resolution) r- Senior Planner Watrous said the application requested an enlargement of the structure and included a Design Review Board revision from a neighbor's request to move the site lines, He said the Planning Commission had supported the application, subject to DRB approval. Steven Merch, representing partners Lang and Liu (Yu), said the proposed change would give the neighbor what they wanted, MOTION: To adopt Resolution approving Precise Development Plan Amendment at 31 Gilmartin Drive. Thompson, Seconded by Hennessy AYES: Unanimous Moved: Vote: H. UNFINISHED BUSINESS 10) UTILITY UNDERGROUNDING REQUIREMENTS FOR RE-MODEL PROJECTS - (Consideration of Change to Town Policy with regard to formation of Assessment Districts). r- Town Attorney Danforth said she was responding to a specific Council question regarding whether future commitment could be obtained from homeowners to form a utility undergrounding assessment district. She said her research found nothing that says the Town could not do so, but that Prop. 218 would probably apply. However, Danforth said, Prop. 218 does not include a provision addressing the issue of contracts. Town Council Minutes #1136 Aprill,l998 Page 6 o Danforth said that if the Council wanted to enable Staff to issue waivers for current Town utility undergrounding requirements, they could merely adopt Option No. 1 recommended in the Building Official's March 4, 1998 Staff Report. [Option 1. "Leave the current policy in place, but add automatic waivers for neighborhoods where significant undergrounding of overhead power lines is unlikely io occur and where costs are disproportionate to benefits, Also add language that would clarify and objectify waiver criteria. "] Councilmember Thompson said the Council should take a "pro-active" approach, and have the agreement run with the land, He suggested that a homeowner desiring to make upgrades or remodel would not have to pay the fees to underground the utilities up front, but promise to join a assessment district at a later date. Mayor Matthews foresaw a potential problem in that such a covenant might be unknown to future owners. Thompson said the Town should do a better job providing notice to home buyers. Town Attorney Danforth said that whatever contract was signed must include an estimate of costs for future work. Council expressed concern that the Town would be "on the hook" for accurate numbers and that it would take a lot of Staff time to do the estimates, Vice Mayor Bach said it would create additional bureaucracy. - Councilmember Hennessy said she would support the Building Official's second option. [Option 2, "Abandon the current policy of attrition except in areas ihat are likely to be affected by Rule 20A. All other undergrounding would occur under rule 20B when a neighborhood forms an assessment district so that PG&E's power poles and power lines would disappear at the same time as the service laterals. '1 Councilmember Gram said he was in favor of under grounding utilities, but suggested that if the cost of the project exceeded 10%, or some reasonable percentage of the remodel project, the requirement should be waived. He said he would be in favor of estimates if there was a simple way to obtain them. During public comment, John Kern, Stewart Drive, said undergrounding increased safety and reliability of power, and eliminated visual pollution. He said it would help to have someone's name on a petition or agreement to get the district formed. Staff said they would come back with specific recommendations based on Council's comments. I. COMMUNICATIONS 11) REDWOOD HIGH SCHOOL 1998 GRAD NIGHT - (Letter from Committee Chairperson Colleen Williams, dated March 6, 1998) Item noted. - Town Council Minutes #1136 April!,l998 Page 7 r- 12) NEIGHBORHOOD EMERGENCY RESPONSE TEAM (NERT) ORIENTATION FOR LOCAL OFFICIALS - (Memo from Belvedere City Manager, dated March 17, 1998). Council said the proposed date (May 23) was on Memorial Day Weekend and would not work, 13) HISTORIC DISTRICT WORKSHOP DATES - (Memo from Heritage & Arts Commission, dated March 26, 1998). Council chose May 14 for the date of the second workshop. J. STAFF & TOWN MANAGER REPORTS 14) VACANT LAND INVENTORY UPDATE - (planning Director) Planning Director Anderson said Tiburon Peninsula was 93% built out, plus or minus. He went over a map of the Peninsula with Council, pointing out the remaining vacant parcels. K. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Matthews adjourned the meeting at 9:50 p.m., sine die. ~ S ?!1tCfdJ..,,:; HARRY .MATTHEWS,MAYOR - 7'JL DIANE L. CRANE, TOWN CLERK - Town Council Minutes 111136 April 1, 1998 Page 8