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Home My WebLink AboutTC Min 1998-01-07 ~ r'"" TOWN COUNCIL MINUTES CALL TO ORDER Mayor Matthews called the regular meeting of the Town Council of the Town of Tiburon to order at 7:37 p.m, on Wednesday, January 7, 1998, at Town Hall Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Bach, Gram, Hennessy, Matthews, Thompson PRESENT: EX OFFICIO: Town Manager Kleinert, Town Attorney Danforth, Planning Director Anderson, Senior Planner Watrous, Chief of Police HerIey, Town Engineer Barmand, Finance Director StranzI, Town Clerk Crane B. ANNOUNCEMENT OF CLOSED SESSION ACTION (Ifanv) Mayor Matthews announced that no action was taken in closed session. C. PUBLIC OUESTIONS AND COMMENTS 1. COUNTY YOUTH COMMISSION REPRESENTATIVES (Eddie Isaacs & Dave Kahn). r'"" Messrs. Isaacs and Kahn asked Council to consider sending a representative to the Youth Institute meetings and said they also sought to create more programs for youth on the Tiburon Peninsula, Councilmember Gram suggested, and Council concurred, that they consult with and work with Jt. Recreation Director Barbara Creamer. D. INTRODUCTION OF NEW TOWN EMPLOYEE 2. POLICE OFFICER JENNIFER MEREDITH 3. APPOINTMENT OF NEW SERGEANT - STEVE HAHN Chief of Police HerIey introduced Officer Meredith, Sgt, Hahn and their families to the Council. E. COUNCIL. COMMISSION & COMMITTEE REPORTS 4. DOWNTOWN MAIN STREET TASK FORCE - (Councilmember Bach) Vice Mayor Bach announced that the meeting had been postponed; a new date of January 23 was agreed upon. "'"' 5. SENIOR HOUSING PROJECT - (Councilmember Gram) Councilmember Gram said there had been discussion about entering into an exclusive negotiating agreement with the developer, and that a draft development agreement had been forwarded to Redevelopment counsel. He said he met with the developers, Bruce Burman and Ray Buddie, to discuss timing issues, and that based upon the timeline the group had prepared, the senior housing project would not be ready to commence until the Police Station was completed, estimated to be TownCollncilMinllles #1130 Janllary 7, 1998 1 /""'. May of 1999. This would avoid moving the Police Department twice. F. APPOINTMENTS TO BOARDS. COMMISSIONS & COMMITTEES 6. PLANNING COMMISSION - (Appoint Two Commissioners) Mayor Matthews said Council had interviewed 12 applicants and had looked for individuals who were fair and open-minded, independent thinkers, had good communication skills, were free of conflict of interest, and had served in other capacities in the community, MOTION: To Nominate JeffSlavitz to fill Randy Greenberg's term- (expiring in February, 2001) Thompson, Seconded by Hennessy AYES: Unanimous Moved: Vote: Councilmember Hennessy commented that she found Slavitz to be very open-minded, fair and objective. MOTION: To Nominate Nancy Knoble to fill Paul Schrier's position- (expiring in February, 1998 & subject to re-appointment) Gram, Seconded by Thompson AYES: Unanimous Moved: Vote: ~ Councilmember Gram said he was impressed during Knoble's interview with her knowledge and ability to serve. Councilmember Hennessy said she had concerns about Nancy's ability to be unbiased given her position as Co-Chair on the "Last Chance" open space committee, but said she seemed to be the most knowledgeable of all the candidates. Councilmember Bach echoed Hennessy's concerns but said he would support Nancy. 7, FLOODPLAIN LANDSCAPE COMMITTEE - (Ad Hoc Committee) Town Manager Kleinert recommended Bruce Ross to chair the proposed committee, which would consist of representatives from the Parks & Open Space Commission, Heritage & Arts, the Library, and Town's Planning Department. Kleinert said the purpose of the committee would be to review the status of the Flood Plain for landscaping and design of the improvements to honor the Zelinksy family, Council agreed to appoint Ross and to allow Kleinert and Ross to form the committee. Bruce Ross said he saw the project as a larger planning effort to bring together the elements of the Flood Plain as boundary to the Tiburon Peninsula Club, front yard of the Pt. Tiburon Marsh units, street frontage on Mar West, as well as the back yard of the Library and Town Hall. __ Councilmember Thompson agreed to serve as Council liaison to the committee. Town COllncilMinutes #1130 January 7, 1998 2 -- 8. PENDING VACANCIES ON BOARDS & COMMISSIONS - (Set Interview Schedule) Town Council set a date ofJanuary 14 for the next round of interviews. 9, SCHEDULE TOWN COUNCIL & COMMISSIONIBOARD WORKSHOPS - February 3 and 10 were proposed for Planning Commission and Design Review Board workshops. J. PUBLIC HEARING 18. APPEAL OF PLANNING COMMISSION DECISION - Denial of Request to Convert Pool House into Secondary Dwelling Unit - 31 Mark Terrace, AP#39-141-17; Carlos & Ana Baradello, Appellants; Stephen Yafa and Bonnie Dahan, Applicants Senior Planner Watrous presented a summary of the matter. Watrous said the buyers of 31 Mark Terrace, the Baradellos, were told by the sellers, Yafa and Dahan, that the pool house was a legal second unit. However, the resale inspection report identified it as an illegal second unit and when Mr. Yafa made an application for a conditional use permit to convert the pool house into a legal second unit, the Planning Commission denied the request. ~ Watrous said the property was zoned for single family residence, and there had been a history of complaints by neighbors concerning excessive noise and parking problems when the pool house had been occupied by previous tenants, However, he acknowledged that the Town's Policy No. H-22 supported secondary dwelling units to encourage and provide more affordable rental housing. Mayor Matthews opened the public hearing, The Baradellos' attorney, Ben Suter, said the unit had been occupied since 1973 and the Baradellos only sought to make it legal. He said they wanted to use it for a guest house and a place for relatives to stay. Suter said their application was supported by the Town's planners who made suggestions for appropriate compromises, such as widening the driveway and limiting the [second] dwelling unit to two people and one car. He also said the neighbors' complaints about traffic and parking would not be borne out by the Baradellos use of the property. Suter asked for a fresh review of the matter by the Town Council. Several neighbors spoke against granting the appeal: Janet Drew, 121 Howard Drive, said she shared a common fence with the property and had been bothered by noise from the pool house in the past. In response to questions from Councilmembers Hennessy and Gram, Allan Menken said he had attempted to complain about the noise to Mr. Yafa who never answered his telephone calls, and that ,.... the neighbors had no idea who was living there. Town CouncllMinules #1130 January 7, 1998 3 /""'. Arlene Nielsen, 29 Mark Terrace, said there would be potential parking problems on the street, especially on weekends. June Strunk, 20 Mark Terrace, said she was concerned about traffic and children playing on the street. Syd Dame said that parking on the cul-de-sac was bad on weekends. Chris Stendl, 116 Howard, said the issue was one of propriety in upholding the zoning ordinance. During his rebuttal, attorney Suter said that most of the neighbors who had complained did not even live on the street. Mayor Matthews closed the public hearing. Councilmember Hennessy said a second (rental) unit was not appropriate to the neighborhood and that parking on a cul-de-sac would be a problem. Councilmember Thompson said the pool house was not in the center of the property and was close to other home which could create a noise problem. /'"' Vice Mayor Bach said the approved use was for a pool house and not a second dwelling unit. Councilmember Gram said he would support the Planning Commission's decision after two hearings and two unanimous votes to deny. Mayor Matthews said the Baradellos shouldn't be punished for the past problems but that the unit could not be legitimized. MOTION: Moved: Vote: To deny the Baradellos' Appeal of the Planning Commission Decision. Hennessy, Seconded by Bach AYES: Unanimous Staff to return with appropriate resolution. H. UNFINISHED BUSINESS 16. CYPRESS HOu..OW ANNEXATION INTEREST: 1) Consideration of Expenses Relating to Possible Annexation of the Area to the Town of Tiburon; 2) Resolution Requesting LAFCO to Undertake Proceedings for Annexation - (Adopt) Council continued action on the item to January 21, pending further information concerning the LLMD (Lighting and Landscape Maintenance District) and what impact it would have on the Town's ,.... ability to provide services and possibly increase rates in future. Town Council Minutes # 1130 Janllary 7, 1998 4 '"' L NEW BUSINESS 17, MARIN COUNTY GRAND JURY RECOMMENDATIONS - POLICE COMPLAINT INVESTIGATION & OVERSIGHT - (police Department Responses) Councilmember Gram said ChiefHerley's report and responses were well done. ChiefHerley gave a brief report regarding the video cameras being provided to the Police Department by ABAG. Councilmember Hennessy, referring to one of the Grand Jury recommendations, said past Councils had considered local police oversight boards but had rejected the notion. G. 10. 11. 12. 13. ~ 14, CONSENT CALENDAR TOWN COUNCIL MINUTES - #1127, November 17, 1997; #1128, November 18, 1997 - (Accept) TOWN MONTHLY INVESTMENT SUMMARy - October 31, 1997- (Accept) AMICUS REQUESTS - a) City of Richmond v. Commission on State Mandates, State of California; b) Perkins v. City of West Covina, et al. - (Approve) ACCEPTANCE OF QUITCLAIM DEED FROM RUSD FOR 1101 TffiURON BLVD. - (Resolution) REQUEST FOR FEE WAIVER - By The Hilarita to Construct new ADA-accessible Community Room - (Approve) MOTION: Moved: Vote: To Approve Consent Calendar Items 10 -13 Above. Thompson, Seconded by Hennessy AYES: Unanimous Council asked for further discussion ofItem No. 14 which was removed from the Consent Calendar. After extensive discussion on a recommendation by Staff to split the fees with Hilarita, Council voted unanimously to waive the fees for construction of the new Community Room. H. UNFINISHED BUSINESS 15, SALE OF TOWN-OWNED PROPERTY AT 1155 TffiURON BLVD. - 1.51 Acres to Tiburon Redevelopment Agency for Purposes of Private Development of a Senior Housing Project Containing Affordable Housing Units; AP#58-151-23 (portion) - Resolution MOTION: Moved: Vote: To Approve Sale of Above Property Gram, Seconded by Hennessy AYES: Unanimous K. COMMUNICA nONS 19. MARIN COUNTY GRAND JURY SELF-EVALUATION - (Request for Response), _ Town Manager Kleinert said he would respond, Town COllncilMinlltes #1130 Janllary 7, 1998 5 /'"' r - L. STAFF & TOWN MANAGER REPORTS 20. TOWN COUNCIL/STAFF RETREAT - January 16, 1998 21. COMMUNITY CELEBRATION COORDINATING COMMITTEE - (pOSC Committee Recommendations) M. ADJOURNMENT There being no further business before the Town Council of the Town ofTiburon, Mayor Matthews adjourned the meeting at 10:50 p.m., until January 14, 1998 Town Council Interviews. ~ 07f~,~~ HARR S. MATTHEWS, MAYOR ATJ7to DIANE L. CRANE, TOWN CLERK Town Council Minutes # 1130 Janllary 7, 1998 6