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HomeMy WebLinkAboutTC Min 1994-03-16 rr ~ TOWN COUNCIL MINUTES CALL TO ORDER Mayor Nygren called the regular meeting of the Town Council of the Town of Tiburon to order at 7:50 P.M., Wednesday, March 16, 1994 in Room 5, Del Mar School, Tiburon, Ca1ifornia. 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, Assistant Planner Borba, Consultant Planner Barker, Town Clerk Hennessy B. APPOINTMENTS TO COMMISSIONS BOARDS. COMMITTEES ~ There were no appointments. C. PUBLIC OUESTIONS AND COMMENTS Don Batten, Belveron Homeowners Association President, stated they will hold a picnic at the Belveron Mini-Park on the last Sunday of May for residents to hear a presentation on the New Town Center. D. COUNCIL. COMMISSION OR COMMITTEE ORAL REPORTS NEW TOWN CENTER COMMITTEE Councilmember Kuhn stated they are preparing an informational booklet and mailer to be submitted to the Standing Committee for review on March 28 at the Fire District Conference Room; the intent is to send it to all registered voters in Tiburon; Ballot Argument needs to be reviewed by the Council. RICHARDSON BAY REGIONAL AGENCY J Vice-Mayor Thompson stated the boat recently washed up on Tiburon's shores will be posted and towed after 30-days. TOWN COUNCIL MINUTES #1OQ.V 3/16/94 1 " E. CONSENT CALENDAR Item 4. GRANT APPEAL OF 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 - Resolution) was removed. MOTION: To approve the Consent Calendar consisting of the following items: 1. APPROVAL OF MINUTES #1001, February 16, #1002, February 19, 1994 2. HIGHLANDS 3 ACRE PARCEL (Authorize Sale to Redevelopment Agency - Resolution) 3. AUTHORIZE MUNICIPAL ELECTION EXPENDITURE (Allocate $5,000 for June Municipal Election Costs) Moved: Vote: Kuhn, Seconded by Friedman AYES: Unanimous . NOES: None F. PUBLIC HEARING ~ 5. APPEAL DESIGN REVIEW BOARD DECISION - RE-ROOF (AP. #58-231-10; Applicant: Hemati, 2 Audrey Court; Appellants: Casillas, Duraos, Higashidas, Kings, Sills, Temple-Raston, Woebers) Assistant Planner Irene Borba reviewed the Staff report; the Board approved a flat concrete tile in color #412 or darker; applicant stated she could not find it; Staff asked the Board to reconsider their decision; Board then approved a barrel shaped tile, and the neighbors appealed this decision. The Mayor opened the public hearing. Michael King, 2 Audrey Court, stated the proposal was incompatible in color and style with the existing roof and structure and surrounding neighborhood; stated this type of tile on a pitched roof was aggressive; stated proposed color is not uniform in color and ranges from red to dark brown; stated dark colors can wash off; quoted from minutes of Design Review Board meeting which indicated their concerns regarding color; felt color #412 is deceptive; showed Council several alternatives samples in color and style; asked if the proposed re-roof is part of a major architectural change to a mediterranean style, it shouldn't be done piecemeal; stated seven applicants felt strongly that this proposal will stand-out. In response to Vice-Mayor Thompson, Mr. King showed the Council a flat tile similar to color #412, but it was rejected by the DRB as being too bright. J TOWN COUNCIL MINUTES #1001 3/16/94 2 ~ Mel Durao showed Council pictures of the view from his living room, dining room and kitchen; distributed brochures from Eaglelite; stated the issue is whether the tile was available; the owner told the Board it was not available, therefore the Board reconsidered; disagreed with homeowner regarding color of house and objected to the tile chosen; stated he didn't want to look at a peaked roof in that color and wavy material. Ken Woeber, 6 Bartel Court, stated roof is within his view of the Golden Gate Bridge; objected to shape and color. Mark Casillas, 8 Bartel Court, stated his reroof a couple of years ago was approved by his neighbors; respectfully requested the appeal be granted. Igor Sills, 2 Bartel Court, stated the roof was directly in his view; he found selection in flat tile; requested the original approval be complied with. ~ Mrs. Hemati, 2 Audrey Court, noted because she wanted to change the color of the tile, she had to attend four meetings; stated her choice was the most popular tile in California; showed Council a brochure from McDonald's which used the same tile; stated she selected a tile similar in color and the manufacturer guaranteed the color won't change; noted 2, 6 and 8 Bartel houses are situated towards Sausalito; couldn't satisfy everybody's taste and point of view; noted 8 Bartel has the brightest tile in the neighborhood; stated the neighbor at 7 Audrey has had the same roof for the past 18 years; stated it was a very commonly used tile; requested the appeal be denied. The Council discussed the various colors, weights, material and shapes of tiles available. James Lavelle, Chairman of the Design Review Board, stated the Board evaluated texture, colors, weights, size, cost, appearance, photos, and neighbors concerns and in the final analysis felt the texture and color was not outrageous; the Board conducted themselves reasonably and held to the decision. The Mayor closed the public hearing. The Council discussed the various shapes and colors; preservation of views; support of letter outlining concerns from Mr. Duraos; need for neighbors to work together; the need to recover costs for Staffs time and the unacceptability of terra cotta color by Duralite. Motion: To grant the appeal and remand it to staff to approve a flat roof in color comparable to #412 or darker by Eaglelite. Friedman, Seconded by Kuhn AYES: Unanimous NOES: None Moved: Vote: J TOWN COUNCIL MINUTES #1001' 3/16/94 3 r 6. APPEAL DESIGN REVIEW BOARD DECISION - NEW RESIDENCE (AP. #39-171-17; 10 Gilmartin Court; Applicant: Dan Nowell; Appellants: Thomas Meehan and Susan Hawkes, Owners of 6 Gilmartin Court) Planning Consultant Barker reviewed the Staff report; residence complies with Rl zoning requirements; appellants have raised four issues; views from dining area; revisions have not substantially improved appellants' views of San Francisco; the DRB requested a previous proposal be considered before a revised proposal was considered. Ms. Barker explained Board's reasoning and decision .making process, and the final approval of plans dated January 19, 1994. Staff recommends Council uphold the Design Review Board decision with conditions. Ms. Barker noted storypoles reflect plans as approved by the DRB. In response to Councilmember Friedman, the Town Attorney stated Roberts Rules allows the Board to reconsider a plan; the DRB voted 2-2 on continuing the itetn, not on the plan itself: ~ Mr. Meehan, owner of 6 Gilmartin Court, reviewed the history of his plans for 6 Gilmartin; apologized for any inconvenience caused when he raised the question of accuracy of location of the storypoles; showed Council a schematic of their approved plan and Mr. Norwell's; stated the main issue was their view from the dining nook; also noted there was substantial view blockage by the approved plans and asked that the area represented by storypole 3 be moved back to open up view of San Francisco; felt the DRB was moving toward that compromise which they would support; stated the Board Chairman gave the applicant two choices, either come back when the full Board was present or come back with a modified plan; noted storypoles were moved back 3 1/2' to reflect the modified plan; appellants expected to present their arguments to support the modified plan, and without notifying applicant or themselves, the Chairman asked that the previous plan be considered; stated they were not prepared to discuss the original plan; asked Council to consider modified plan. l,- Dan Nowell, applicant of 10 Gilmartin Court, stated the appellants requested he move the house 6 or 7'; stated he talked with the Meehan/Hawkes architect and had multiple meetings with Anolik, Cowan, Langenskiold; made many compromises; stated it was determined by the Board that the view from the dining nook was the impacted view; appeal discusses dining and living room views; noted other neighbors rejected moving the house up the hill; stated with the proposed revised plans, he would lose his view from the Master Bedroom of S. F. and Mt. Tamalpais; stated he came to the fourth DRB meeting with both sets of plans; his preference was to have the plans dated January 19 approved because he was not happy with the revised plans, nor were three of the uphill neighbors; stated the Meehan/Hawkes plans show a solid wall in the dining area and an open railing on the stairwell; felt with the siting and rotation of the Meehan/Hawkes house, they should have anticipated view blockage; discussed view corridor lines. TOWN COUNCIL MINUTES #100; 3/16/94 4 r; Steve Polito, 180 Gilmartin, stated if the house is moved further up the hill it will become an intrusion on his space; preferred to see the house moved back to the 20' line, but willing to go along with the compromise of the DRB as approved. Andy Gramling, architect, noted they have begun working drawings. Mark Singer, 5 Gilmartin, bought house previously owned by Langenskiold; noted the appellants request to move the house would bring it into their view; urged Council deny appeal. David Moyne,One Gilmartin Court, would like to see the house further down the hill; would have liked to see the Meehan/Hawkes house further down the hill but felt there had to be some compromise. Chris Craiker, architect for Meehan/Hawkes, moved their house three times; always knew they wouldn't get a view from the kitchen; their design was to capture S.F. view; asked Council to move corner of house back 3 1/2'; stated moving the house back or up will not change height of the cupola; thought it would improve their view. Vice-Mayor Thompson suggested the architect place the dining nook in the area where the Master Bedroom is shown. ~ Jim Lavelle, Chairman of the Design Review Board, stated the word compromise is key in evaluation of any design review; the Board has reviewed over 500 applications since 1992 and nine have been appealed to Council; this application got a lot of scrutiny because the Meehan/Hawkes house was designed for a S. F. view; the Board knew something would be built on the next lot; questioned whether a compromise would be detrimental to other property owners, and the Board felt it would; stated the orientation of the Meehan/Hawkes house was south southwest and they have a 175 degree view from the Marina to Mt. Tamalpais; the Board felt it would be punitive to have Mr. Novell compromise further; urged the Council to uphold the decision of the DRB. Mr. William Podesto, architect, and Mr. Daniel Reedy, legal representative of Ron Cowan addressed a verbal agreement amongst the neighbors to maintain views. Susan Hawkes, owner, stated she has always referred to the dining nook as their primary dining area; stated Mr. Novell did not discuss his plans with them prior to submitting them to the Board; view blockage from their living room was eliminated; their survey indicated 12' would get his house out of their view; they agreed 3 1/2' would significantly improve their view. J Mr. Lavelle stated he was astonished that Mr. Cowan's representatives would come in at the last minute; noted there was no written record of an agreement; should hold the applicant to such an agreement beyond what he has already compromised. TOWN COUNCIL MINUTES #10~ 3/16/94 5 " David Sederquist, former owner, discussed verbal agreement among neighbors. The Mayor closed the public hearing. Councilmember Friedman stated in the past the Council has always asked the Boards or Commissions to come to the Council meeting; to listen; give guidance or to ask questions or deny things that were flat out untrue, but didn't think the DRB members should make a case; stated Council has enough trouble interpreting and enforcing laws of General Plan and Zoning Ordinance and should not be involved in a neighborhood verbal agreement; stated if someone has violated a verbal agreement, one needs to enforce it in court. Council discussed the application; noted compromises already made by the applicant; suggested dining nook of M/H house be moved; inappropriate to request further compromise by applicant; moving the house up the hill will impact other neighbors. Motion: To uphold decision of the Design Review Board dated January 19, 1994 with condition that the retaining wall be approved by the Town's Architectural Panel. Friedman, Seconded by Kuhn AYES: Unanimous NOES: None Moved: Vote: f 7. ZONING ORDINANCE AMENDMENTS (Consider Allowing Transfer of Development Intensities between Commercially Designated Properties under the Same Ownership - Applicant: Main Street Properties, Ordinance 2nd Reading) The Planning Director reviewed the Staff report. 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 Kuhn AYES: Unanimous NOES: None 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. J TOWN COUNCIL MINUTES #1O<f 3/16/94 6 ~ 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 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 adopt the aforementioned ordinance. Friedman, Seconded by Kuhn AYES: Thayer, Thompson, Friedman, Kuhn, Nygren NOES: None 10. MUNICIPAL ELECTION (Change Election Date from April Even Numbered Years to November Odd Numbered Years - Ordinance, 2nd Reading) The Town Attorney reviewed the Staff report; the Ordinance proposed changing the election from April even numbered years to November of odd numbered years. ~ 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 Kuhn 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. TOWN COUNCIL MINUTES #1001 Motion: Moved: Vote: J To adopt the aforementioned ordinance. Friedman, Seconded by Kuhn AYES: Thayer, Thompson, Friedman, Kuhn, Nygren NOES: None 3/16/94 8 ~ 11. TOWN COUNCIL CHAMBERS (Review Siting and Acquisition of Portable/Modular Building for Public Meeting Purposes) The Finance Director reviewed the Staff report; estimated cost to locate a portable meeting room facility would be approaching $60,000; Staff is continuing to follow-up on alternative locations. The Town Manager noted the School District would like the Town to vacate Room 5 by July 1; have offered the use of the Music Room. 12. TIBURON PENINSULA FIRE FLOW (Approve Response to Grand Jury Report) The Town Manager reviewed the draft response; noted Tiburon has 3 1/2 million gallons of water storage; thanked the Grand Jury for raising the awareness of the community to areas of concern and for their comments and recommendations. 4. GRANT APPEAL OF 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 - Resolution) ~ Vice-Mayor Thompson wanted to emphasize that in the future if there appears to be a deliberate act on the part of the applicant to not adhere to approved plans, he would vote to have the structure torn down. Motion: To adopt Resolution Granting Appeal from a Decision of the Design Review Board and Approving a Realignment of a Wall/Fence for 132-134 Lyford Drive (Morey Owner) Friedman, Seconded by Thompson AYES: Unanimous ABSENT: Kuhn Moved: Vote: H. NEW BUSINESS 13. MANAGEMENT INCENTIVE PROGRAM (Authorize Implementation of Incentive Program for Town's Management, Mid-Management, Professional and Confidential Employees) Councilmember Kuhn reported he and Councilmember Thayer met as the Finance & Administration and suggested 1 % of current salary allocation be reserved for bonuses; suggested the current Mayor and four former Councilmembers review, evaluate and confirm nominations and incentive awards recommended by the Town Manager. J Discussion ensued regarding composition of the Committee and Council agreed that the Committee should include the Mayor, one Councilmember and the Town Manager. The TOWN COUNCIL MINUTES #100f 3/16/94 9 ~. Committee's recommendations will be reviewed and approved by the Town Council. The Town Manager noted a bonus is not cumulative and has no effect on benefits. The Mayor directed Staff to incorporate comments into a Resolution and return at the April 6 meeting. I. COMMUNICATIONS There were none. J. STAFF AND TOWN MANAGER REPORTS 14. Office of Traffic & Safety Communications Grant to Police Department The Town Manager noted Captain Lewis left the employ of the Town this date, however, had applied for and received a Grant for almost $13,000 to upgrade the Police Department's computer program. 15. Brown Act Amendments (O~ Report on Revisions to Open Meeting Laws - Town Attorney) ~ . ~ The Town Attorney advised he would be sending a summary of the legislative changes to the Council; two main changes are all Standing Committees of two members will be considered public meetings and require a 24-hour notice, posting of agendas, public attendance and minutes; also, noticing and reporting requirements for Closed Sessions has changed; description will have to be more detailed and precise and the Council will have to report immediately following a Closed Session the final actions taken and the votes recorded. FIRE CONSOLIDATION STUDY The Town Manager noted the Tiburon Fire Protection District has withdrawn from the Study; Councilmember Thayer will continue to represent the Town. NEW TOWN CENTER The Town Manager advised Council that money budgeted for the informational booklet, flier and survey will be expended shortly. J TOWN COUNCIL MINUTES #100f 3/16/94 10 ~ K. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Nygren adjourned the meeting at 12:30 AM., March 17, 1994 sine die. ATTEST: ~ -.. J TOWN COUNCIL MINUTES #lOOf CLERK 3/16/94 11