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HomeMy WebLinkAboutTC Min 1994-02-02 r TOWN COUNCIL MINUTES CALL TO ORDER Mayor Nygren called the regular meeting of the Town Council of the Town of Tiburon to order at 7:35 P.M., Wednesday, February 2, 1994 in Room 5, Del Mar School, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Thayer, Kuhn, Thompson, Friedman, Nygren ABSENT: COUNCILMEMBERS: None EX OFFICIO: Town Manager Kleinert, Town Attorney Ewing, Town Engineer Bala, Police Chief Herley, Planning Director Anderson, Superintendent of Public Works lacopi, Town Clerk Hennessy B. APPOINTMENTS TO COMMISSIONS BOARDS. COMMITTEES l-' There were no appointments. C. PUBLIC OUESTIONS AND COMMENTS John Kern, Little Reed Heights/Tiburon Knolls commended Council for adopting a Resolution in support of undergrounding utility wires. Councilmember Kuhn suggested Underground Assessment Districts be a topic for the Homeowner Association summits. D. COUNCIL. COMMISSION OR COMMITTEE ORAL REPORTS . LANDS & DEVELOPMENT COMMITTEE (Nygren & Thompson) Vice-Mayor Thompson reported that in the Old Landing Road community a lot of septic tanks are failing and they are investigating annexing to the Sanitary District and thus annexing to Tiburon under LAFCo's dual annexation policy; they requested an exemption from annexing to Tiburon; the Committee explained Tiburon's policy is not to take over other communities, however, we did not support their request to not support LAFCo's policy. ~ TOWN COUNCIL MINUTES #999 2/2/94 1 r . COUNTY/REGIONAL APPOINTMENTS The Mayor announced that she had been appointed to the Marin County Transit District Board, and Councilmember Thayer had been appointed to the Local Agency Formation Commission (LAFCo). She also noted that Vice-Mayor Thompson is now the Vice- Chair of the Marin Economic Commission. . EMERGENCY PREPAREDNESS FAlRE The Mayor listed the numerous activities and participants, including Joel Bartlett, who would participate in the April 23 Emergency Preparedness Faire at Town Hall and the Police Department from 10 AM. to 4 P.M. She noted that April is Emergency Preparedness Month and the theme is "Beat the Quake". . HAZARDOUS WASTE MANAGEMENT MEETING The Mayor reported that by 1995 the State requires that the Town be able to recycle 25% of its waste and by 2000 recycle 50% of its waste; marinas and boatyards will have to assist; local swimming pools and waste treatment plants will have to develop waste management programs because of chlorine; need to work with schools, gardeners and residents regarding composting programs. ~ The Town Manager stated all of the cities, the county and special districts have agreed to form a JPA to handle this problem; the Mayor and Vice-Mayor are Tiburon's delegate and alternate. E. CONSENT CALENDAR The Town Manager made a minor change in the undergrounding Resolution. MOTION: To approve the Consent Calendar consisting of the following items as amended: 1. APPROVAL OF MINUTES #995, January 5, 1994; #996, January 10, 1994 2. ACCEPT QUITCLAIM DEED (Portion of Rock Hill Road - Resolution 3. UNDERGROUNDING OF UTILITIES (Endorsement of Undergrounding Overhand Utility Poles and Lines Located in Tiburon - Resolution) Moved: Kuhn, Seconded by Friedman Vote: AYES: Unanimous NOES: None L~ TOWN COUNCIL MINUTES #999 2/2/94 2 r F. PUBLIC HEARING 4. DETERMINE STATUS OF PARCELS AT 2255, 2265, 2275 PARADISE DRIVE (AP. NOS. 59-142-04,05,06 and 08 - Parcels May be Subject to Statutory Merger Pursuant to Chapter 14, Article 8 of the Tiburon Town Code. Owners: Lucy O'Brien Trust; Trustee: William O'Brien) The Planning Director reviewed the Staff report; stated prospective owner had prepared a model to show height of 21' house on lower lot and based on this model and photographs, he agreed the Elsbergs' house would not be significantly impacted; Staff would be willing to recommend a 21' height limit or 135' sea level limit whichever is lower; continued to recommend single family zoning and access restrictions with on-site maneuvering restrictions; other parameters should be determined by design review process; would agree with the prospective buyer on a definite point of reference to determine the 135' above sea level mark. The Mayor opened the public hearing. Bill O'Brien, Trustee, thanked Council and urged their support of the prospective owners' proposal. t Norah Elliot Caldwell, using the model, eXplained the mass and height limitations, the concept, the siting problems; stated she has assured the Elsbergs she will preserve their view; stated Wendy Wayne and the Elsbergs have conceptually liked the way the houses are sited; would be willing to make adjustments if story poles bring objections. Council reviewed photographs Ms. Caldwell presented. Robert Elsberg, owner 2245 Paradise Drive and 2250 Centro East, commended Ms. Caldwell for her work with them; very impressed with the design and think these two units will fit nicely into the lots; would like 135' to be the maximum height limit; current proposal is 28' setback and they strongly agree with it; would like to see that limit incorporated into the proposal. Wendy Wayne, 2277 Paradise Drive, thanked the applicant for a wonderful job on the project. The Mayor closed the public hearing. Council discussed setting set back requirements and agreed that such was a function of the design review process. Staff recommendations were amended to reflect: last sentence page 1, #3, "structure shall not exceed maximum height of 21' or 135' above sea level whichever is lower". lr' TOWN COUNCIL MINUTES #999 2/2/94 3 r Motion: To adopt Resolution Authorizing the Merger of Four Parcels into Two Lots and Authorizing a Lot Line Adjustment at 2255, 2265, and 2275 Paradise Drive (Assessor Parcel Nos. 59-142-04, 05, 06 and 08), and Staffs recommendations as amended. Kuhn, Seconded by Friedman AYES: Unanimous NOES: None Moved: Vote: G. UNFINISHED BUSINESS 5. HIGHLANDS 3 ACRE PARCEL (Consider Committee's Report and Recommendations) The Town Manager reviewed the Staff report; stated representatives of Ecumenical Association for Housing wanted to make a report and recommendations to the Council which might have impact on long range decisions regarding the site; noted receipt of a letter from Bel Aire Improvements Association indicating their feelings regarding the latest proposal. The Mayor opened the public hearing. ~ Paul Schrier, Housing Committee Chairman, stated the Committee explored whether 12 units would be economically feasible; based on tax credits available from the federal and state governments, 15 or 16 units are the cut-off; met with residents and they agreed to 16 units if Ecumenical Association for Housing were the developer; it was agreed the community would have input before the Design Review Board and everyone will work together; Housing Committee unanimously supports 16 units; asks the Council to reconsider and approve 16 units with appropriate input from the residents; that EAR be selected as the developer, and authorize a pre-development budget be prepared and Town funds be appropriated for site plans. Mr. Schrier gave Council two letters supporting the 16 unit proposal received from Hazel Caldwell, 124 Leland Way and one from Jim Fitzgerald, Jeff Lippstreu and Virginia Sullivan. Jim Fitzgerald, 287 Cecilia Way, favored reasonable development of the Highlands site; after reviewing preliminary drawings and financial considerations, and meeting with EAR representatives, he urged Council to support 16 units. Hazel Caldwell stated EAR's architect met with residents and reviewed plans to allay their apprehensions; addressed mitigations that would lessen impact on homes; asked that some of the savings from tax credits be used for site studies; suggested the Council not relinquish the current limit on density but introduce an exception to the existing limitation by allowing increase of density if EAH is the developer; asked Council to consider landscaping and repair of the east ditch as part of the project. L~ TOWN COUNCIL MINUTES #999 2/2/94 4 r Mayor Nygren commended the neighbors for working with the proposed developer. Virginia Brunini, 26 year Bel Aire resident, expressed appreciation to EAH and their presentation, and speaking for neighbor who owns third house on Leland, agrees to 16 units if EAH is the developer. AI Bonnet, EAH, explained the tax credit criteria and the need for 16 units. Nancy Ellis, 154 Leland Way, stated she was very much opposed to 16 units; didn't ~nderstand the campaign of fear; supported four market rate units, or 8-12 senior units. Jennifer Carter, 130 Leland Way, and on behalf of her mother Janet Carter, presented Council with a letter signed by 14 neighbors, representing 10 houses, opposing 16 units. Discussion ensued regarding EAH's presentation as only conceptual; the design review process; infeasiblity of 12 units. The Mayor closed the public hearing. The Council discussed the proposal of 16 units; the need for senior citizen housing; the State's mandate to use Redevelopment Funds or lose them. r Mayor Nygren directed Staff to prepare a Resolution reflecting that density should be 8-12 units except if Ecumenical Association for Housing is the developer then 16 units shall be approved; EAH and neighbors shall be involved in the design review process; prepare sales purchase agreement based on revised density; authorize memorandum of agreement for pre-development plans prepared by EAH. 6. DONAHUE BUILDING (Landmarks Society Request to Lease Donahue Building and Renovate into a Museum) Vice-Mayor Thompson asked Council to consider relocating the Recreation Department before discussing the Landmarks Society's lease proposal; emphasized that issue needed to be addressed first. Beverly Bastian, Landmarks Society, stated the proposed two year termination of the Recreation Department's lease was negotiable; what wasn't negotiable that they stay in the building forever; they estimated it would take two years to do basic reconstruction and plans for the museum itself. t~ There was a lengthy discussion regarding the proposed New Town Center; the Town's obligation to the Recreation Department to relocate them; Landmarks not being willing to pay for an alternate location for the Recreation Department; the Town's need to spend money on upkeep and repairs of the windows and roof if they don't lease it to the TOWN COUNCIL MINUTES #999 2/2/94 5 . r~ Landmarks Society. Jerry Riessen, Recreation Committee, stated they serve both communities; would very much like to be part of the new Town Center; suggested the Council wait until after the New Town Center election; reminded Council of the agreement with the Point Tiburon Condominium Associations. Joan Foster encouraged Council to negotiate a lease with the Landmarks Society. John Yeoman, Point Tiburon Bayside Condominium Board of Directors, stated they are willing to work with the Town on the disposition of the Donahue Building; stated the Agreement with the three Associations provided it be used as a railroad museum unless it was mutually agreed to do otherwise; very concerned about a former suggestion by the Landmarks Society to change the color to yellow and he didn't think that idea would fly. Herb Charles, President of the Point Tiburon Bayside Condominium Association, read a letter expressing concern regarding financing of the restoration project and future maintenance; asked that the Town retain responsibility to maintain the building. In response to the Mayor, the Superintendent of Public Works stated a new roof will cost approximately $18,000, including reenforcing rafters, repairing gutters and scaffolding. l- Ms. Bastian stated the intent was to keep the exterior pretty much as it is; they will proceed with fund raising after they obtain the lease; restoration will take a long period of time but it will be interior work. Discussion continued regarding the foundation, soils reports, liability, timetables, cost of roof repair, cost to relocate and subsidize Recreation Department in another location, the Recreation Department's space requirements, and an offer from Landmarks to draft a lease. Staff was directed to determine space requirements of the Recreation Department. 7. BLACKlE'S PASTURE CLEAN-UP (Discuss Concerns of POSe) The Town Manager reviewed the Staff report. Bruce Abbott, Greenwood Beach Road, commended the Town for clearing brush in the Meadow area; thought natural grass should be restored and offered to assist. The Town Manager stated he had heard from Pam Snellgrove who expressed the same feelings as Mr. Abbott. L~ Wayne Snow, Chairman of POSC, explained they had sent a memo to the Town Manager in the spirit of improving communications and setting a path to work together on-going and keep momentum to improve Blackie's Pasture. TOWN COUNCIL MINUTES #999 2/2/94 6 r~ Jerry Siebert, One Janet Way, stated it was a delightful beach, however, he felt the area was ruined by the recent clean-up. There was general discussion and consensus that communications between groups will improve in the future with regard to Blackie's Pasture plans. Councilmember Kuhn left the meeting at 11:15 P.M. 8. GRAND JURY RESPONSE TO "PRIVATIZATION AND STANDARDIZA- TION OF STREET AND ROAD MAINTENANCE" & "FAILURE OF LAW ENFORCEMENT OFFICERS TO APPEAR AT CONTESTED CITATION TRIALS" (Council Consideration of Staffs Recommendations) The Town Manager reviewed the Staff report. Council directed Staff to transmit letters to the Grand Jury. 9. SIGN ORDINANCE (Interpretation and Enforcement) After a brief discussion, Council directed Staff to proceed with abatement proceedings. H. COMMUNICATIONS ~ I. STAFF AND TOWN MANAGER REPORTS 10. FAR EXCEPTION at 6 Via Paraiso East - 254 sq. ft. After a brief discussion, Council directed the Planning Director to agendize all FARs exceptions before the Board and not the Administrative Panel. MEMORIAL POLICY The Town Manager asked Council for direction regarding a request to name the Beach Road park in honor of Louise and Dave Teather; Staff was directed to agendize it. MINUTE CLERK The Council directed Staff to hire an additional Minute Clerk for the Marinero Estates public hearings. J. CLOSED SESSION l~ There being no further business, the meeting was adjourned at 11:40 P.M. to Closed Session for the purpose of discussing Personnel matters. TOWN COUNCIL MINUTES #999 2/2/94 7 r K. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Nygren adjourned the meeting at 12:15 AM., February 3, 1994 to Thursday, February 10, 1994 at 7:30 P.M. for the Marinero Estates public hearing. ~~ - ATTEST: THERESE M. HENNESSY, TOW CLERK ~ L- TOWN COUNCIL MINUTES #999 2/2/94 8