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Home My WebLink AboutTC Min 1997-06-18 ',- -" - TOWN COUNCIL MINUTES CALL TO ORDER Mayor Hennessy called the regular meeting of the Town Council of the Town ofTiburon to order at 7:35 p.m. on Wednesday, June 18, 1997, at Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: EX OFFICIO: Hennessy, Thompson, Thayer, Wolf, Ginalski (7:45 p.m.) Town Manager Kleinert, Town Attorney Danforth, Chief of Police Herley, Planning Director Anderson, Town Engineer Barmand, Town Clerk Crane B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If anv) Mayor Hennessy said Council gave direction to legal counsel to continue negotiations. C. PUBLIC OUESTIONS & COMMENTS John Hoffinire, speaking as a member ofBlackie's Brigade, said the plaque honoring Sam Shapero was not properly placed and said he would like to have it moved to a large rock on the right-hand side of the path coming from the parking lot, near the bridge, at Blackie's Pasture. - Council agreed to agendize the matter. Larry Smith, Tiburon Peninsula Foundation, presented a check for $100,000 from the Last Chance Committee and Landmarks Society in repayment ofa loan made by the Town toward the purchase of Jay and Harroman properties. Mayor Hennessy noted that the check would be placed in the Town's Open Space Fund. D. COUNCIL. COMMISSION & COMMITTEE REPORTS 1. Town Council/Property Owners' Association June 11 Workshop. Vice Mayor Thayer reported that the meeting was attended by representatives of approximately seven homeowners' groups and was a success. E. CONSENT CALENDAR 2. TownCouncilMinutes#1l1l,ApriI16, 1997;#1l12,May7, 1997; #1l15, June 4, 1997- (Adopt). 3. MontWy Police Statistics - May, 1997 - (Receive). 4. Acceptance ofImprovementsINotice of Completion of New Town Hall- (Adopt Resolution). 5. Opposition to Government Cost Savings and Taxpayer's Protection Amendment Initiative- (Adopt Resolution). 6. Request to Join Amicus Brief: Rider v. San Diego - (Approve). - Town Counci/MinU/es #1116 June /8. /997 1 ......., r- 7. State of California Surplus Property Program - Authorize Town's Participation and Agent- (Adopt Resolution). 8. Minutes of Traffic Safety Committee Meeting - June 3, 1997 - (Accept). 9. Sprint Antenna Lease at Town Hall- (Authorize Town Manager to finalize negotiations and execute lease). MOTION: Moved: Vote: To adopt Consent Calendar. Thayer, Seconded by Thompson AYES: Unanimous F. UNFINISHED BUSINESS 10. Senior Housing Advisory Committee - A) Progress Report B) Town Redevelopment Subsidy C) Consider Conversion of Marsh Unit to Very Low Income Status A) SHAC Chair Larry Smith said the committee would come back to Council on July 2 with a recommendation concerning selection ofa developer. B) Councilmember Ginalski asked Town Attorney Danforth to render a legal opinion about the propriety of moving money out of the Town's Redevelopment account to pay the developer [to subsidize the project]. -. Town Attorney Danforth responded that if the Town were to sell the property to a developer for the worth of25 market rate units and to pay the developer a subsidy on that basis, it would be proper. C) Mayor Hennessy recused herself. Council concurred that the Town had a commitment to provide low income housing and that the purchase of an additional unit at the Marsh complex would help meet those goals. Town Manager Kleinert said some of the Marsh property owners had expressed concern about having very low income housing units in their complex. Vice Mayor Thayer said the same concerned had been expressed about The Hilarita but it had worked out fine. MOTION: To approve Acquisition and Conversion of a Unit at the Pt. Tiburon Marsh Complex for Very Low Income Rental. Moved: Vote: Ginalski, Seconded by Thompson AYES: Unanimous NOES: None ABSTAIN: Hennessy 11. Las Palmas Way - Request for Renaming of Private Road and Utility Easement at 855-891 Tiburon Boulevard - (Kent Allen, Applicant). ""' Town Council Minutes #1116 June IS, 1997 2 ...J -. Mr. Allen said none of the neighbors were opposed and that one real estate appraiser said it would enhance the property values to have a street address separate from Tiburon Boulevard. Also, according to Allen, it would be easier to locate these addresses by police, fire and the public. MOTION: To adopt Staff Recommendation to allow the street to be designated "Las Palrnas Way". Moved: Vote: Wolf, Seconded by Ginalski AYES: Unanimous 12. Downtown Main Street Traffic Enforcement - Consider Implementation of Certain Suggestions & Recommendations from Joint Tiburon/Belvedere Council Workshop - (Report of Traffic Safety Committee, June 11, 1997). Chief of Police Herley presented the Committee's recommendations. Council deferred taking action until the joint Traffic Engineer's Report was received. Item postponed. -. G. NEW BUSINESS 13. Town's Interim Standards & Criteria re: Wireless Communication Facilities - (Consider Proposed Amendments). Council discussed the proposed amendments, recommended by the Planning Commission. Town Attorney Danforth responded to a comment by Councilmember Ginalski and said the Town would be in a much stronger position to have an independent consultant determine alternative sites. MOTION: To adopt amendments to Town's Interim Standards & Criteria re: Wireless Communication Facilities. Moved: Vote: Thayer, Seconded by Hennessy AYES: Unanimous H. PUBLIC HEARING 14. Appeal of Planning Commission Decision Re: Conditional Approval of Expanded Parking Area at Congregation Kol Shofar, 215 B1ackfield Drive - AP#38-351-54 - (Applicant: Congregation Kol Shofar). Planning Director Anderson said three conditions of approval were being appealed by Kol Shofar: 1) Planning Commission's decision to close the exit onto Reedland Woods Way due to neighborhood disruption; - Town Council Minutes # 1116 June IS. 1997 3 - 2) Two-way connector road to be created between the lower lot and the middle lot; 3) Narrowing of the existing exit to 16 feet (to allow for only one car at a time to exit onto Reedland Woods Way). Anderson said the grounds of appeal were: 1) Closing the driveway would create a dangerous condition - [Anderson noted that the Town Engineer's testimony did not support this]; 2) The burden placed on the users of the lot were greater than the burden of the residents; 3) Unnecessary costs were being imposed for construction ofa new connector road; 4) The conditions imposed discouraged people from coming to the Synagogue - [Anderson said the Commission was concerned about land use and compatibilities only]. Councilmember Wolf asked the Town Engineer whether his original recommendations for the Negative Declaration asked for the upper driveway to be one-way to reduce the traffic impact on Reedland Woods Way. Town Engineer Barmand said his main concentration was on making the driveway "no entry" from Reedland Woods Way, and to make access from Via Los Altos two-way to alleviate traffic from Reedlands. - Council heard testimony from the following individuals representing the Applicant/Appellant: --Charles Wisch, President of Congregation Kol Shofar --Stan Dek, Chairman of the Kol Shofar Building Committee --Mr. Kurtzmann, architect for Congregation Kol Shofar Council heard testimony from the following residents who opposed the appeal: --Lee Carson, 30 Reedlands Wood Way --Lisa Kaslik, 20 Reedlands Wood Way --Susan & Dennis McQuaid, 50 Reedlands Wood Way Mr. Wisch rebutted some of the arguments presented by the neighbors and said they had been invited to participate in the long planning process. He also disputed their stated concerns about safety due to increased traffic onto Reedland Woods Way. Councilmember Ginalski expressed grave concern to Mr. Wisch about the contention in No.4 of the Appeal questioning the denial of freedom of religion. Wisch said that a Staff report proposed a cap on the membership, and Planning Commissioner Greenberg's alleged support of this proposal were the basis for his grounds of appeal, but noted that safety and other concerns were the more compelling reasons for the appeal. .- Town Council Minutes #1116 June IS. 1997 4 - . -.' - Councilmember Ginalski asked that Ground No.4 of the appeal be withdrawn. Mayor Hennessy opened the public comment period, and the following individuals spoke: --Leslie Kane, 40 Reedlands Woods Way (supported appeal) --Pamela Farrell, Corte San Fernando (opposed appeal) --Julie Jacobs, 7 Upper Cecilia Way (supported appeal) --Barbara Rowe, pastor at Westminster Presbyterian Church, read a letter from her Board in support of the Kol Shofar appeal. --Doren Gluck Canter, resident of Strawberry (supported appeal) --Fred Richovich, address unknown (supported appeal) --Paul Schrier, Planning Commission Chair, said the Commission found the "cap" idea was not an appropriate way to limit the use permit, and that it was in no way discussed in relation to the parking lot. Mayor Hennessy closed the public hearing. Planning Director Anderson reviewed the history of the approval of the parking lot dating back to 1985. Anderson said in 1990 and 1991 the EIR for the Vista Tiburon development said that traffic would not exceed the current amount on Via Los Altos and that the access road was understood to be a service road for deliveries, as well as handicap access. -. Councilmember Thayer said that the lower lot used to be a paved playground for the middle school and was now being used for a different purpose; therefore, it was appropriate for the Planning Commission to find trade-offs in their decision to accommodate competing interests. Councilmember Ginalski said he could find no arbitrary or capricious actions by Staff or the Planning Commission which would justifY a reversal of the decision. Ginalski reiterated his concern about the constitutionality issue (Appeal Item No.4) and said such a serious allegation should be withdrawn. Councilmember Wolf said she lived near two churches and stated that although the traffic was an inconvenience, the churches served an important function in the community. However, Wolf said the neighbors had a valid argument in saying they understood the access road to be only a service road when they bought their houses or lots. Wolfsaid she would vote in favor of not closing off the upper driveway and making the connector road one-way, and that Reedland Woods Way should have parking on one side of the street only. Councilmember Thompson encouraged Kol Shofar to seek creative solutions to their parking problems, and gave examples of St. Hilary's "stacking" cars, and the shuttle from Del Mar School operated by Community Congregational Church. - Town Council Minutes #1116 June IS, 1997 5 _ Mayor Hennessy said she agreed with Councilmember Wolf's recommendations, but would concur with the Town Engineer's recommendations regarding a two-way access onto Via Los Altos and a narrower driveway onto Reedland Woods Way. MOTION: Moved: Vote: To Deny the Appeal of Congregation Kol Shofar. Thayer, Seconded by Ginalski AYES: Thayer, Ginalski NOES: Hennessy, Thompson, Wolf Motion failed; Council continued their discussion. Mr. Wisch said Congregation Kol Shofar would be willing to withdraw No.4 of the Appeal, and would go along with the two-way and width requirements of No. 3 of the Conditions. In addition, Wisch said they would undertake an affirmative education program with their members about being "good neighbors" with regard to parking and traffic issues. MOTION: To Uphold the Appeal by Eliminating Conditions No. 1 & 2, and to adhere to the Town Engineer's original requirements. Moved: Vote: Wolf, Seconded by Hennessy AYES: Hennessy, Thompson, Wolf NOES: Ginalski, Thayer -. 15. Appeal ofIssuance of Conditional Certificate of Compliance for Parcel Adjacent to B1ackfield Drive (AP#38-351-51) - Appellants: The Atkinson Family, 200 Blackfield Drive; The Boles Family, 210 B1ackfield Drive; The Farrell Family, 6 Corte San Fernando; The Shooshtarian Family, 4 Corte San Fernando. Planning Director Anderson said the parcel in question was formerly a portion of the railroad right-of-way, and at 32,000 square feet, was larger than the other parcels in the area. Anderson said a denial of the permit could only be based upon grounds of public health and safety, and the Town Engineer had determined that there could be safe entry onto Blackfield Drive. Staff recommended denial of the appeal. Marcel Ross, one of the neighbors who had been out of the country and therefore had not joined the appeal, asked Council to postpone a decision until one of the boundary lines of the parcel could be checked and all parties advised as to its status. Reilly Atkinson, 200 B1ackfield Drive, said he had no previous knowledge that the lot could be developed and said the proposed lot was on a blind curve ofBlackfield Drive and [ingress/egress] would be a safety hazard. Pamela Farrell, Corte San Fernando, concurred. - Town Council Minutes #1116 June IS. 1997 6 ~ -- Logan Boles, 210 Blackfield Drive, said the houses were sited in the area because no development was planned for the railroad grade. Dr. James Farrell, 6 Corte San Fernando, said he had been told that the lot was a railroad right-of- way which was to be left open for fire equipment, and that a driveway opening onto a blind curve would cause accidents. Mohammed Shooshtarian, 4 Corte San Fernando, said he had been told the lot was open space. The Applicant, represented by A1i Majlessi of Marin Development Inc., said he would be happy to work with the neighbors in resolving any issues of privacy and siting. Mayor Hennessy closed the public hearing. In response to a question from Councilmember Ginalski, Planning Director Anderson said the lot in question was the last one from the old railroad right-of-way, and that several others had already received certificates of compliance. In response to a question from Mayor Hennessy, Town Engineer Mohammadi said a full soils report would be required for the lot, and other information concerning drainage and line of sight, not normally required at the certificate of compliance level, was also being requested by the Town. .~ - Councilmember Wolf said the lot line question raised by the neighbors had no impact on whether or not the lot was viable. Councilmember Thayer and Mayor Hennessy concurred that there was no legal alternative to deny the issuance of the certificate. Councilmember Ginalski said he was troubled by the lot line question and was reticent to move forward. Planning Director Anderson said the Town would not record the lot until the owners of the property and Mr. Ross agreed upon the lot line. MOTION: To Deny the Appeal ofIssuance of Conditional Certificate of Compliance for the Parcel Adjacent to Blackfield Drive, AP#38-351-51. Moved: Vote: Wolf, Seconded by Thayer AYES: Unanimous I. COMMUNICA nONS 16. Memorandum from ChiefHerley Re: Rotary Recognition of Officer Michael Mourgos, dated June 10, 1997. Council gave Officer Mourgos a "hip, hip, hooray," and commended Mourgos on doing a fine job. -.. Town Council Minutes # 1116 June 18. 1997 7 17. Letter from Belvedere- Tiburon Landmarks Society Re: Dedication of Portion of Upper Esperanza, dated June 9, 1997. Town Engineer Barmand said the road was substandard and would take a lot of money to bring it up to acceptable standards. Barmand said the Traffic Safety Committee had told the neighbors that if they improved the road, only then would the Town consider acceptance. Council accepted Barmand' s report and concurred with the recommendation of the Traffic Safety Committee. J. STAFF & TOWN MANAGER REPORTS 18. Proposal for Holiday Craft Faire at Town Hall- Memorandum from Joan Miranda to Town Manager, dated June 13, 1997. Council had no objections to the proposal, scheduled to take place on Saturday and Sunday, November 8 & 9, 1997, in the Council Chambers and Community Room. K. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Hennessy adjourned the meeting at 11: 10 p.m., sine die. ~?J/~- THERESE M. HE SSY, MA DIANE L. CRANE, TOWN CLERK Town Council Minutes # 1116 June 18, 1997 8