Loading...
HomeMy WebLinkAboutTC Min 1994-03-02 ~ 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, March 2, 1994 in Room 5, Del Mar School, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Thayer, Thompson, Friedman, Nygren ABSENT: COUNCILMEMBERS: Kuhn EX OFFICIO: Town Manager Kleinert, Town Attorney Ewing, Town Engineer Bala, Police Chief Herley, Planning Director Anderson, Associate Planner Catron, Consultant Planner Barker, Town Clerk Hennessy B. APPOINTMENTS TO COMMISSIONS BOARDS. COMMITTEES ~ There were no appointments. C. PUBLIC OUESTIONS AND COMMENTS Sandra Sellinger, President of Marin Releaf, urged the Town to protect trees which are a living legacy, and presented the Council with a pair of pruning shears. D. RECOGNITION OF SERVICES The Mayor read the Resolution expressing appreciation to Victoria Arnett for her outstanding and devoted service in the creation of the historical background report on the Donahue Building. Motion: Moved: Vote: To adopt the aforementioned Resolution. Friedman, Seconded by Thompson AYES: Unanimous ABSENT: Kuhn J TOWN COUNCIL MINUTES #100$ 3/2/94 1 ,~ E. COUNCIL. COMMISSION OR COMMITTEE ORAL REPORTS . THE HILARITA - Tiburon's representative, Hank Bruce, gave the Council a detailed report on the Tiburon Ecumenical Association and Hilarita Tenants Association's efforts to acquire and preserve The Hilarita as affordable housing; explained the incorporation of a new Community-Based Organization for the purpose of being the buyer and future owner of The Hilarita. . MARIN COUNTYWIDE PLAN The Mayor reported on the meeting of February 24; noted Gary Giacomini and AI Boro were re-elected as Chair and Vice-Chair; City of Sausalito submitted their General Plan for review; plans to develop a joint study with Sonoma County on use of CAL/TRANS railroad right-of-way. Next meeting is scheduled for April 21. F. CONSENT CALENDAR Items 6 and 9 were removed from the Consent Calendar. 6. CALIFORNIANS FOR PARKS & WILDLIFE 1994 (Endorse CALPAW-94 Bond Act - Resolution) 9. AWARD OF CONTRACT (Town Hall Driveway Pavement Repairs) ~ MOTION: To approve the Consent Calendar consisting of the following items: 1. APPROVAL OF MINUTES #999, February 2, 1994; #1000, February 10, 1994 2. INVESTMENT SUMMARY REPORT (January 1994) 3. ANNEXATION OF I-ACRE PARCEL (AP. #39-021-07; Applicant: Irving & Varda Rabin, 3825 Paradise Drive - Resolution) 4. CIRCULATION ELEMENT (Authorize Spot Checking Traffic Counts-$2,000) 5. AUTHORIZE CONTRACT PLANNER FOR HIGHLANDS PROJECT 7. COUNTY POLICE DEPARTMENT CONSOLIDATION (Town Response to 1993 Grand Jury Report) 8. APRIL FAIR HOUSING MONTH - Resolution Moved: Vote: Friedman, Seconded by Thompson AYES: Unanimous ABSENT: Kuhn G. UNFINISHED BUSINESS 10. BLACKlE'S PASTURE (Proposed Landscaping Plan and Tree Grant Application) J The Town Manager reviewed the Staff report; stated the Brigade plans to submit a grant TOWN COUNCIL MINUTES #100&' 3/2/94 2 r; to the Small Business Association for planting of trees in the Blackie's Pasture area; their deadline is March 10. Larry Smith, Chairman of Blackie's Brigade, stated the map shows topography as it exits today modified with the parking configuration recently approved; objective is to plant sufficient foliage to block view of cars; will use shrubs and trees will be planted along Trestle towards the Sanitary Plant; trees and shrubs are from the approved list. One of the major impediments is a source of water; stated MMWD wants $21,000 or a water meter; Town can use meter servicing water fountain; what is being proposed is a drip irrigation system which will cost approximately $15 a month. Mr. Smith stated BCDC is only interested in the land adjacent to the water; since there is a weir under the bridge, they are not interested in other areas of the pasture. The Tiburon Peninsula Club will support a Peninsula wide mailing. The Planning Director stated he received from LSA a map of the jurisdiction they have delineated for the Army Corps of Engineers; expect to hear from the Corps within a month; they have identified the slough and a small area ahead of the Trestle berm; all the water up to the mean normal tide line and the area that drains off Tiburon Blvd. and the Reedlands has created an adjacent wetland; stated the Corps will require a permit if the Town touches anything within their jurisdiction; they have no setbacks requirements. ~ The Planning Director stated he thought the landscaping proposal was consistent with the Philip Williams Plan. The Mayor suggested the Plan be presented to the POSC. Motion: Moved: Vote: To support the grant application as presented. Friedman, Seconded by Thayer AYES: Unanimous ABSENT: Kuhn H. PUBLIC HEARING 11. GENERAL PLAN & ZONING ORDINANCE AMENDMENTS (Consider Allowing Transfer of Development Intensities between Commercially Designated Properties under the Same Ownership - Applicant: Main Street Properties) The Associate Planner reviewed the Staff report; the proposed project exceeds the current General Plan and Zoning Ordinance FAR limitations; the applicant proposes to amend the General Plan and Zoning Ordinance to allow for a "transfer of intensity" between commercially designated downtown properties under the same ownership. Staff supports the proposal and amendments, and recommends Council approval of Negative Declaration for Zoning Ordinance amendment; adopt Resolution approving the General Plan amendment, and pass first reading of the Zoning Ordinance amendment. J TOWN COUNCIL MINUTES #1005" 3/2/94 3 r; There was a brief discussion regarding some properties under the applicant's ownership and parking requirements; every proposal will be evaluated on its own merits; the Planning Commission has recommended paving and landscaping of the Bank of America lot as a condition of approval for the theater application. The Mayor opened the public hearing. There being no comments, the Mayor closed the public hearing. Motion: Moved: Vote: Motion: Moved: Vote: ~ Motion: Moved: Vote: To adopt Resolution Adopting a Negative Declaration for General Plan and Zoning Ordinance Amendments Allowing Transfers of Intensity Between Commercially Designated Properties Under the Same Ownership Friedman, Seconded by Thompson AYES: Unanimous ABSENT: Kuhn To adopt Resolution Approving General Plan Amendment To Allow Transfers ofIntensity Between Commercially Designated Properties Under the Same Ownership Thompson, Seconded by Thayer AYES: Unanimous ABSENT: Kuhn To read by title only. Friedman, Seconded by Thompson AYES: Unanimous ABSENT: Kuhn The Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING THE TIBURON ZONING ORDINANCE TO ALLOW TRANSFERS OF INTENSITY BETWEEN COMMERCIALLY DESIGNATED PROPERTIES UNDER THE SAME OWNERSHIP. Motion: Moved: Vote: To pass first reading of the aforementioned Ordinance. Friedman, Seconded by Thompson AYES: Thayer, Thompson, Friedman, Nygren ABSENT: Kuhn 12. APPEAL DESIGN REVIEW BOARD DECISION (AP. NO. 58-272-02; Appellant and Applicant: Mr. and Mrs. R. W. Morey; 132-134 Lyford Drive; Realignment of Fence) Councilmember Thayer stated to avoid any perception of conflict of interest due to his election campaign contributions, he stepped down from the Council for this item. J TOWN COUNCIL MINUTES #10Qf 3/2/94 4 ~ Consultant Planner, Jayni Barker, reviewed the Staff report; the Design Review Board denied the applicant's request for an "as built" alignment of the wall/fence at 132-134 Lyford Drive and required portions of the fence and pilasters be relocated to or within the property line, as originally approved by the DRB; listed the chronology of the application; location of the pilasters as approved would have required the removal of a pine tree; neighbors have submitted a letter supporting the present location, design and landscaping of the fence. Staff has no objection to Council granting the appeal and allowing the fence to remain in the Town's right-of-way; a revocable Encroachment Permit has been granted by the Town's Public Works Department. In response to the Mayor, Ms. Barker stated work had not begun before approvals, but there were changes along the way and Mr. Catron had visited the site and approved the changes; subsequent work was stopped since there is now an Administrative Panel, and Staff doesn't have the authorization to make that decision; this became one of the first applications before the Administrative Panel. ~ ...... George Silvestri, attorney for applicant, noted his client had respected the Town's processes for permits; issues have been outlined in the materials submitted; clarified that the Encroachment Permit fee was paid July 14 as soon as he was advised he needed it; this was not a willful "in your face" action by the contractor, or the applicants, but was a totally innocent good faith effort; stated the contractor had asked for instructions; followed them; began construction and when advised additional processing such as design review was necessary, work was stopped and process begun; stated to remove the pillars would have created a problem with the symmetry of the wall and danger to the trees; neighbors have signed petition to approve the wall in this location; it was done to save the trees; changed for good motives and what was believed to be with the approval of the Town. The Mayor opened the public hearing. James Lavelle, Chairman of the Design Review Board, stated the Board reviewed the matter and suggested the fence be placed on the property line where the old fence had been; the pilasters were to follow the property line; the characterization in Mr. Silvestri's letter that the Board acted as a kangaroo court is unreasonable; stated the Board gave the applicant many opportunities to correct the problem; the Board acted consistently; felt the work went ahead without consideration of the direction the Board had provided. Mr. Silvestri apologized for wording "kangaroo court" as offensive be stricken from the record; defended the actions of the contractor; felt he hadn't been given the proper opportunity to speak before the Board; referred to the transcript of the Board meeting. Mr. Lavelle noted the open discussion period of the meeting had concluded and the matter had been returned to the Board. J TOWN COUNCIL MINUTES #100S' 3/2/94 5 The Mayor closed the public hearing. ~ Councilmember Friedman stated he believed the Town should have a written resolution policy of how to approach the design review process; it didn't matter whether the work was performed as an accident or willfully; what matters does the structure comply with the design review guidelines; his philosophy was if it does not comply, it should be removed; if it does comply, approve it and possibly levy fines. Regarding the appeal, Councilmember Friedman said if this application were properly before the Council, he would have approved it. Councilmember Thompson agreed; suggested a fine policy. The Mayor commended the DRB; stated they did an outstanding job and do what the citizens want to protect them; stated the fence was very attractive; thought going through the process and paying for the appeal was somewhat of a fine; hoped people learn that the Town has rules and regulations in place that must be followed. Motion: Moved: Vote: ~ That the Town Council finds the present location of the wall/fence acceptable and in conformance with the Town's Design Guidelines, that Staff has no objection to granting the appeal and allowing the fence to remain at its present location, therefore, the Town Council grants the appeal, and directs Staff to bring a Resolution to the next meeting. Friedman, Seconded by Thompson AYES: Unanimous ABSENT: Kuhn I. NEW BUSINESS 17. RED & WHITE FERRY SERVICE (Fare Increase Application to the Public Utilities Commission) The Town Manager reviewed the Staff report which outlined a request for a small fare increase for non-commute hours; stated Messrs. Koenig and Pence were present; Staff recommended that Council not oppose fare increase and a letter be directed to the PUC stating the Town has reviewed the application and supports the proposal; parity with the ferries in Sausalito, which will also receive increase. Mr. Koenig stated they are conducting a study regarding the engines used for the catamarans; would like to use more dependable diesel engines. Motion: Moved: Vote: J To write a letter to the Public Utilities Commission stating the Town Council reviewed the application before them and didn't oppose it. Thayer, Seconded by Friedman AYES: Unanimous ABSENT: Kuhn TOWN COUNCIL MINUTES #100$' 3/2/94 6 ~. 13. MUNICIPAL ELECTION (Change Election Date from April Even Numbered Years to November Odd Numbered Years - Ordinance, 1st Reading) The Town Attorney reviewed the Staff report; impact of changing the election will be to shorten the terms of Mayor Nygren and Vice-Mayor Thompson and the three newly elected officials by approximately six months; Ordinance will go into effect after it is approved by the Board of Supervisors. The Town Clerk will then mail a notice to all registered voters within the Town. The Mayor opened the public hearing. There being no comments, the Mayor closed the public hearing. Motion: Moved: Vote: To read by title only. Friedman, Seconded by Thayer AYES: Unanimous ABSENT: Kuhn The Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADDING SECTION 2-3.3 TO THE TIBURON MUNICIPAL CODE CHANGING THE DATE OF MUNICIPAL ELECTIONS. c~ Motion: Moved: Vote: To pass first reading of the aforementioned Ordinance. Friedman, Seconded by Thayer AYES: Thayer, Thompson, Friedman, Nygren ABSENT: Kuhn 14. BUILDING PERMIT EXPIRATION (Amend Uniform Building Code Provisions- Ordinance, 1st Reading) The Town Manager reviewed the Staff report which proposes an 18 month permit; there are provisions for extensions for complex projects or unforeseen situations. The Mayor opened the public hearing. Michael Heckmann, architect, supported the revisions and suggested the ordinance be given to applicants when they take out a building permit. The Town Attorney stated that would be done and current holders of building permits will be given a copy of this ordinance. The Mayor closed the public hearing. l In response to Vice-Mayor Thompson, the Planning Director stated it was the discretion of the Building Official to determine definition of "complex or large"; this language was incorporated at the request of the Builders Exchange. TOWN COUNCIL MINUTES #1006' 3/2/94 7 ~ Motion: Moved: 'Vote: To read by title only. Friedman, Seconded by Thayer AYES: Unanimous ABSENT: Kuhn The Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING SECTION 13-4.1 OF THE TIBURON MUNICIPAL CODE TO MODIFY SECTION 303(D) OF THE UNIFORM BUILDING CODE BY ESTABLISHING NEW TIME LIMITS FOR BUILDING PERMITS. Motion: Moved: Vote: To pass first reading of the aforementioned Ordinance. Friedman, Seconded by Thayer AYES: Thayer, Thompson, Friedman, Nygren ABSENT: Kuhn 15. ORDERING AND CALLING A MUNICIPAL ELECTION IN THE TOWN OF TIBURON JUNE 7, 1994 FOR THE PURPOSE OF PLACING A MEASURE ON THE BALLOT - Resolution The Town Manager reviewed the Staff report. Council reviewed the proposed ballot language and deleted words "two existing" and inserted "both the Town Hall and Police". ~. Motion: Moved: Vote: To adopt Resolution Ordering and Calling a Municipal Election in the Town of Tiburon on June 7, 1994 for the Purpose of Placing a Measure on the Ballot as amended. Thompson, Seconded by Friedman AYES: Unanimous ABSENT: Kuhn 16. REQUESTING ASSISTANCE OF BOARD OF SUPERVISORS FOR COUNTY REGISTRAR TO HANDLE MUNICIPAL ELECTION ON JUNE 7, 1994 - Resolution The Council waived a Staff report. Motion: Moved: Vote: J To adopt Resolution of the Town Council of the Town of Tiburon Requesting the Marin County Board of Supervisors to Authorize the County Clerk to Render Services Regarding the Municipal Election to Be Held on June 7, 1994; Friedman, Seconded by Thayer AYES: Unanimous ABSENT: Kuhn TOWN COUNCIL MINUTES #10QJ 3/2/94 8 ~ 6. CALIFORNIANS FOR PARKS & WILDLIFE 1994 (Endorse CALPAW-94 Bond Act - Resolution) The Mayor noted the importance of this Bond measure and the benefits to the Town. Motion: To adopt Resolution of the Town Council of the Town of Tiburon Supporting Californians For Parks and Wildlife Bond Act of 1994 Thompson, Seconded by Thayer AYES: Thompson, Thayer, Nygren ABSENT: Kuhn ABSTAIN: Friedman Moved: Vote: 9. AWARD OF CONTRACT (Town Hall Driveway Pavement Repairs) The Town Manager reviewed the Staff report; project included drainage and erosion control problems around Town Hall. The Mayor asked the matter be tabled for three months and return to Council after the June election. Council concurred. J. COMMUNICATIONS ~ There were none. K STAFF AND TOWN MANAGER REPORTS GAZEBO The Town Manager asked Council if they wanted the Design Review Board to review the plans for the Gazebo which is being dedicated to the Town, and they responded affirmatively. CONCERTS ON ANGEL ISLAND The Town Manager stated he has sent a letter to Ken Leigh, District Superintendent of the State's Parks & Recreation Department, asking that the Town be kept apprised of any applications for concerts on Angel Island; no such applications have been received; each individual concert will require a Special Event Permit. Councilmember Friedman asked Staff to seek cost recovery expenses from the State. J TOWN COUNCIL MINUTES #1001' 3/2/94 9 "..- L. ADJOURNMENT .. There being no further business before the Town Council of the Town of Tiburon, Mayor Nygren adjourned the meeting at 10:10 P.M. to 7:30 P.M., Tuesday, March 8, 1994 for the purpose of continued hearing of the Marinero Estates Project. ATTEST: ~ J CLERK TOWN COUNCIL MINUTES #1O~ 3/2/94 10