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HomeMy WebLinkAboutTC Min 1997-04-02 - TOWN COUNCIL MINUTES CALL TO ORDER Mayor Hennessy called the regular meeting of the Town Council of the Town of Tiburon to order at 7:34 p.m. on Wednesday, April 2, 1997, in Council Chambers at 1101 Tiburon Boulevard, Tiburon, California, A. INTERVIEWS - (None Scheduled) B. ROLL CALL PRESENT: COUNCILMEMBERS: EX OFFICIO: Ginalski, Hennessy, Thayer, Thompson, Wolf Town Manager Kleinert, Town Attorney Danforth, Planning Director Anderson, Town Engineer Mohammadi, Lt. Aiello, Town Clerk Crane C. ANNOUNCEMENT OF CLOSED SESSION ACTION (If Anv) Mayor Hennessy announced that no action was taken. D. PUBLIC OUESTIONS & COMMENTS Don Batten, 29 Mercury Avenue, complimented Mayor Hennessy on the recent Homeowners' Association/Town Council meeting. He also asked Council to give consideration to the Police in their salary negotiations. r-. Larry Smith, Tiburon Peninsula Foundation, presented Council with a check for $5,000 as a contribution to the Town Furniture Fund, Hank Easom, 1828 Lagoon View, said he was concerned about navigation hazards in Richardson Bay, and said the Richardson Bay Regional Agency was not doing their job. Councilmember Thompson agreed that it was frustrating, but said there actually had been a marked improvement with the appointment of a new Harbor Administrator. Thompson invited Easom to work with them on how to make more improvements. Easom said the Sheriff's Department should get involved with removal of wrecks. Scott Thomas, attorney representing Tiburon resident Mr. Shen, called upon Council to hear an appeal of a Design Review Board decision allowing his client to build a home at 47 Via Los Altos, Thomas said the appeal had been scheduled to be heard by Council on April 2 but had been "unilaterally removed from the agenda by the Town Clerk in consultation with the Town Attorney." Town Attorney Danforth commented that there was more to the story, but noted that Council would not be able to hear the appeal even ifit wanted to do so because it was not on the agenda, She said the Council must follow the guidelines of the Brown Act which require placing items on the agenda 72 hours prior to public hearing. - Town Council Minutes #1110 April 2. 1997 1 - Mr. Thomas said the appeal was not filed in a timely manner and should be dismissed. He also said the Town's requirement for his client to erect story poles was not received in enough time to allow compliance, and that delaying a decision on the appeal was adversely impacting his client by delaying the start of construction on the project during the [ summer] building period. Town Attorney Danforth said Mr. Thomas was free to make his comments, but neither Council nor Staff could respond until the matter was agendized, Mr. Thomas asked for confirmation of a firm hearing date. Mayor Hennessy and Staff confirmed May 7, 1997. F. COUNCIL. COMMISSION & COMMITTEE REPORTS 2. Report from Hilarita Representative - (Hank Bruce). Mr. Bruce said that the first phase of construction at Hilarita took place from September 1995 through August 1996, and consisted primarily of site and exterior repairs, including making 10 units and the common areas handicap accessible. Bruce said the repairs were funded by a grant from the Tiburon Ecumenical Association, the Town ofTiburon, and CDBG. Bruce said Phase II was completed in January 1997 and included adding six parking spaces on the upper level and more ramps. He said the left- over funds would be used for training of board members and to set up a computer learning center. Council complimented Bruce on his continued representation and good work, ,.-. I. Introduction of Bell Market Representatives - (Mayor Hennessy). Mayor Hennessy said Bell Market was in negotiations with Safeway to take over the Tiburon site. She introduced Harley Delano, President ofCala Foods" and Don Nelson, Vice President of Operations. Mr, Delano took questions from the audience about what the community would like to see in a new market, and said his company's philosophy was to operate "hometown" stores to service the local communities. G. CONSENT CALENDAR 3. Town Monthly Investment Summary - February 28, 1997 - (Receive). 4. Denial of Appeal by Cosmo L. Fraser of the Approval of a Site Plan and Architectural Review for 205 Taylor Road; Reza Pourian, Owner - (Adopt Resolution). 5, Monthly Police Statistics - February, 1997 - (Receive) 6, Environmental Forum of Marin - (Proclamation Re: Earth Day, April 22) - (Adopt), MOTION: Moved: Vote: To adopt Consent Calendar Items 3 through 6. Thayer, Seconded by Ginalski. AYES: Unanimous Town Manager Kleinert asked for comments on the Police Statistics. Councilmember Wolf said the report was good, but suggested adding year-to-date statistics, as well. Councilmember Thompson said the report format was good. " Town Council Minutes #1110 April 2. 1997 2 _ H. UNFINISHED BUSINESS 7, New Police Building Program - Review and Approval of Revised Floor and Site Plans, Town Manager Kleinert said the revisions were made per the criteria established by Council at its February 19 meeting. He said the next step was for Council to direct the architect to complete the schematic drawings and obtain a project cost estimate. Kleinert said all of the above work was included in the $40,000 previously authorized by Council. Councilmember Wolf asked if the site plan had been reviewed and accepted by the Child Care Center with regard to parking. Bruce Ross said the current plan did not show the reconfigured parking, and said there would be an overlap with police parking during shift changes, Vice Mayor Thayer confirmed that he and Councilmember Ginalski had met with the Child Care representatives. Councilmember Wolf said she would also like an independent cost estimate to be done as soon as possible by Adamson. Bruce Ross differed, stating the only meaningful estimate could be done after the schematic drawings were complete. He suggested allowing architect Glass to use his cost estimator and then Council could obtain another estimate if they so desired, In response to a question from Councilmember Wolf, Ross said the police building was "as tight and simple" as it could be. - Councilmember Ginalski said he was troubled by the fact the voters had been told the projects could be completed for $3 million, and that the Town Hall project was now over $2 million, He added that one of the original interested buyers of the Ned's Way property, The Ashton Company, had said it were no longer interested. Ginalski stated, "I don't want the 'No Tax Solution' to bankrupt the Town of Tiburon." Moved: Vote: To authorize the Architect to Proceed with the Schematic Drawings for the Police Building, including a project cost estimate. Thayer, Seconded by Thompson AYES: Hennessy, Thayer, Thompson, Wolf NOES: Ginalski MOTION: I. PUBLIC HEARING 8. Approval of Condominium Conversion Permit and Tentative Subdivision Map - 1860 Centro West; Dave & Diane Williams, Owners and Applicants; AP#59-061-10. A) Conditional Use Permit - (Resolution) B) Tentative Subdivision Map - (Resolution) Planning Director Anderson said the condominium conversion represented a change in the form of property ownership, but it was a little unusual because the project now called for a small strip of land with a fence between the two houses to be designated as the common area. Anderson suggested that Council might consider modifYing the local ordinance to prevent this [loophole] - Town Council Minutes #1110 April 2, 1997 3 ~ ,-.. from occurring in the future, but said the Williams' plan followed the Town's current General Plan, Mayor Hennessy opened and closed the public hearing concerning the conversion. There was no public comment, MOTION: To Adopt Resolution Approving the Conditional Use Permit for Condominium Conversion at 1860 Centro West. Thayer, Seconded by Thompson AYES: Unanimous Moved: Vote: Mayor Hennessy opened and closed the public hearing regarding the tentative subdivision map, There was no public comment. MOTION: To Adopt Resolution Approving the Tentative Subdivision Map for 1860 Centro West. Thayer, Seconded by Thompson AYES: Unanimous Moved: Vote: Council directed Staff to look into ways to close the loophole which allowed lot splits in the form of condominium conversion. r J. NEW BUSINESS 9. Wireless Communications Facilities - A) Planning Commission Recommendation for Temporary Moratorium. B) Planning Commission Recommendation to Retain Independent Consultant, C) Councilmember Ginalski's Request for Letter to be Sent to MMWD Regarding Commercial Antennae. D) Town Hall Proposal (Sprint), 9A). Planning Director Anderson said the Planning Commission had unanimously recommended adopting a temporary moratorium for the approval and installation of wireless communication facilities at their meeting the previous week. Anderson said Staff saw a moratorium as an extreme measure and said the Town already had good police powers and authority over the application and approval process, in addition to the Interim Standards adopted by Council. Anderson said Staff was not anticipating a "flood of applications." In response to a question from Councilmember Wolf, Anderson said the Interim Guidelines gave the Town discretion to renew applications, Town Attorney Danforth suggested a modification could be made regarding extensions longer than two years in which the applicant would have to agree to any policy changes adopted by the Town during the permit period. Councilmember Ginalski asked about the pending application for an antenna in the Sugarloaf area, - Town Council Minutes #/ / 10 April 2, /997 4 - _ Planning Director Anderson said Sprint said it was not in a residential area. Mayor Hennessy opened the matter for public comment. Bruce Brendt, 93 Via Los Altos, said he and his neighbors did not want an antenna farm in their neighborhood, He said it would have an adverse economic impact on them and said they strongly supported the moratorium, He also asked Council to ask for RFP' s from providers other than Sprint, Michael Hewins, Lot 26 Via Los Altos, said Sprint would turn around and resell 30% of its own capacity to other providers. He paraphrased Bran Fanning's remarks to the Planning Commission, that once something goes up, it's hard to get it to come down, Hewins said the antennae would be intrusive to the neighborhood. Deirdre Kim, President of Via Los Altos Homeowners' Association, said their group was totally opposed due to the negative financial implications and the perception that it was a danger to live next to antennae. John Bote, attorney for Sprint/Spectrum, said their application was still before the Planning Commission and therefore a moratorium was not necessary. Dr. Brendt said, "we are asking [Council] to keep Sprint our of our neighborhood." r Mayor Hennessy closed the public hearing. Councilmember Ginalski said it was important to address the needs of the Town's constituents, and said he would support a moratorium that applied to residential areas. He noted that San Francisco and Seattle had adopted such guidelines, Vice Mayor Thayer said he was not ready to act since the [Sprint] application was still before the Planning Commission. He said the Interim Standards were clear with regard to placement in residential areas. Councilmember Wolf concurred, Councilmember Thompson said he would not like antennae in residential areas but, because of the Interim Guidelines, a moratorium was not necessary. Mayor Hennessy said the Town wanted antennae in commercial areas, not residential ones. She said the neighbors could come back to Council, if they chose, after the Planning Commission had made its findings, Councilmember Ginalski said there was no coordinated effort countywide regarding applications, and that Sprint had not been able to provide information regarding alternative sites in Tiburon, - Town CoullcilMillutes #1110 April 2, 1997 5 - (' In response to a question from Councilmember Thompson, Town Attorney Danforth said the Interim Guidelines said residential areas were to be avoided unless alternative sites were infeasible. She also said that Federal guidelines prohibited limitations due to health concerns, Council reached consensus to deny the Planning Commission recommendation for a temporary moratorium. In a final comment, Mr. Hewins said the Interim Guidelines had not protected his neighborhood, and that the Staff Report to the Planning Commission said the land surrounding the proposed Sprint antenna site was "open," 9B). Council also agreed to deny the Planning Commission recommendation to retain an independent consultant to study site locations. Vice Mayor Thayer said each application was "site specific," Councilmember Ginalski said he thought it deserved more study. 9C). Council agreed to send a letter to MMWD enclosing a copy of the Town's Interim Guidelines (concerning the placement of antennae on MMWD water tanks in residential areas near Mt, Tiburon and Via Los Altos). 9D). Town Manager Kleinert said the Sprint application to place an antenna at the new Town Hall would go before the Planning Commission, Kleinert said the antennae would not be visible as it would be placed onto the support structure of the building, He said Sprint would have additional equipment in the Town's "vault" room, and that alternative storage would be used by the Town Staff. r"' 10) Rotary International Request for "Peace Pole" at New Town Hall. Victoria Arnett, Chair of Heritage & Arts Commission, recommended placement of a special, handcrafted peace pole at the New Town Hall. Virginia Brunini, Rotary President, said over 100,000 peace poles had been placed worldwide and said she hoped one would be placed in front of the new Town Hall. There was no public comment, Councilmember Ginalski said it was an interesting idea, but "art is subjective." He also asked about the history of the poles and whether they had any religious significance, Ms. Arnett replied that they did not. MOTION: To Approve Heritage & Arts Commission Recommendation for Placement of a Peace Pole at the new Town Hall. Thayer, Seconded by Hennessy AYES: Hennessy, Thayer, Thompson NOES: Ginalski ABSTAIN: Wolf Moved: Vote: K. COMMUNICATIONS None. - Town Council Minutes #1110 April 2. 1997 6 .... _ L. STAFF & TOWN MANAGER REPORTS 11. Downtown Main Street ADA Workshop - April 1, 1997. Town Engineer Mohammadi said Staff was waiting for direction from Council in order to go back to Federal Court on June 5. He said that further discussion of making Main Street a one-way street was needed, as well as the issue of inconvenience to Corinthian Island residents, Town Manager Kleinert said that one-way had worked in the past when repairs were being made to Tiburon Boulevard, and that the Chamber of Commerce supported the one-way option. Councilmember Thompson said that Planning Commissioner Sadrieh thought there was also a way to work out a two-way street option, and suggested that the Town Engineer meet with him. Councilmember Ginalski asked whether the proposed options had been before the Planning Commission, Town Engineer Mohammadi said that all the commissioners were invited to the previous workshop, as well as the April 1 meeting, in which the options were discussed. Mayor Hennessy suggested that the Beach Road Parking Lot could be changed to include an exit onto Juanita Lane. Town Engineer Mohammadi said that a discussion of costs of the projects should also come before Council. Council agreed to hear the matter on April 16 and May 7. 12. Belvedere/Tiburon Emergency Management Training Exercise - March 25, 1997. Town Manager Kleinert said it had been productive, - 13. Status of Senior Housing Project at Ned's Way. Planning Director Anderson said the Phase 1 approvals and General Plan amendments would go before the Planning Commission in May. Anderson also said that an RFP was mailed on February 27 to 28 interested parties, and that a meeting was held on March 20 in which 12 persons representing four companies were in attendance. He said only two respondents had followed up and that the proposals were due on May 1. 14. Paradise Drive Visioning Process - Report on March 25, 1997 Meeting. Town Manager Kleinert proposed the Town approve the participation of Polly Smith, Mary von Kaesborg, and Sandra Stucky on the Steering Committee. However, Vice Mayor Thayer said he had been informed by Planning Commissioner Greenberg that the Steering Committee had voted to keep their own representatives;md not admit anyone else for at least three months, Planning Director Anderson said the March 25 meeting had been attended by County Planning Director Riesenfeld and Carol Williams. Anderson said he told the County-appointed consultant, John Roberto, that the group's plan was not a "community plan," and noted that the study area proposed by the group included large parts of [incorporated] Tiburon, Vice Mayor Thayer expressed concern that a small, vocal group in the [Paradise Drive] area was lobbying the County in order to develop their land, - Town Council Minutes #1110 April 2. 1997 7 ,- M. ADJOURNMENT There being no further business before the Town Council of the Town ofTiburon, Mayor Hennessy adjourned the meeting at 10: 12 p,m" to the Parks & Open Space Commission Workshop on April 8, 1997. ~'1l(~ '~ THERESE M, HENNESSY, OR A~ DIANE L. CRANE, TOWN CLERK r"' - Town Council Minutes #1110 April 1. 1997 8 . ---..