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HomeMy WebLinkAboutTC Min 1994-05-23 -- TOWN COUNCIL TOWN OF TmURON I CLOSED SESSION Closed Session was called to order at 7:00 p.m, on Tuesday, May 23, 1994, to discuss pending litigation. INTERVIEWS Interviews were conducted for various Town CommitteelCommi"Sion vacancies at 7: 10 p.m CA.T,T,TO ORDER Mayor Nygren called the adjourned meeting of the Town Council of the Town ofTiburon to order at 7:40 p.m, Tuesday, May 23, 1994, in Room 5, Del Mar School, Tiburon, California. A. ROLLCAT.T. PRESENT: COUNCILMEMBERS: Ginalsky, Thayer, Thompson, Wolf; Nygren ~ ABSENT: COUNCILMEMBERS: None. EX OFFICIO: Town Manager Kleinert; Town Attorney Ewing; 'f.own Planning Director Anderson; Town Engineer Bala; Minute Clerk Kearney B. PUBLIC OlJESTIONS AND COMMENTS None. C. OLD BUSINESS 1. REQUEST FOR EXTENSION OF TIME & ASSIGNMENT OF DEVELOPMENT AGREEMENT (Taldan Development Fees) Mayor Nygren stepped down from the Chair because of potential conflict of interest due to the vicinity of her home to the property in question; and Vice-Mayor Thompson took the Chair. fr .' The Town Attorney stated the bankruptcy liquidator has requested another 60 day extension be allowed for payment of the development fees; stated the rights may be assigned to any person at any time by prior consent of the Town; noted a letter from the purchasers, Mr. Kaplan and Mr. Ham, stating they have cash to complete the subdivision improvements and pay the remaining fees due to the Town under the agreement. TOWN COUNCIL MINUTES #1015 5/23/94 1 r-- ~ Upon questioning ofCounci1member Thayer, the Town Attorney stated the development agreement does provide that a grading permit can be issued prior to recordation of the final map. However, prior to issuing the grading permit, the Town Engineer and Town Council would need to approve the improvement plans which would normally be part of the final map. Jay Kaplan, proposed purchaser of the subdivision, stated that as soon as escrow closes, the Town will be paid all outstanding fees; and stated letter of agreement will be submitted. There was discussion regarding approval of the grading permit prior to approval of the final map; and Mr. Kaplan stated they want the grading done before the winter rains. Further, the Town Engineer stated they would require a bond to assure development continues after grading is completed. Councilmember Gina1sky requested the purchasers provide examples of other projects and work they have completed previously, information on funding, and due diligence documents regarding what would happen if they cannot carry through; strongly encouraged that the final map improvement planning be done as closely to a recorded final map as possible; and that the Council be provided with information as to how much of a bond will be required to build the project out should the developer not be able to follow through. Mr. Kaplan agreed to provide the Council with this information. J-. Chair Thompson opened the public hearing; and upon hearing no public comment, closed the public hearing. MOTION: To grant a thirty-day extension and request that due diligence documents be submitted to the Council. Gina1sky, Seconded by Thayer AYES: Unanimous ABSTAINED: Nygren Moved: Vote: D. PUBLIC HEARING 2. MARINERO ESTATES PRECISE DEVELOPMENT PLAN (A.P. #58-100- 20,21 Applicants: Treffmger Walz & MacLeod, John Collette, Receiver for Internal Revenue Service, Owners: Harry Stonehill & Robert Brooks - Review Proposal to Construct at Least 21 Homes at the End of Lyford Drive) I".... i Counci1member Gina1sky stated that because of potential arguments that he may be biased due to associations his employer has with the owners of the property, he has made a decision that he will not vote on this matter; stated this has been a difficult decision; expressed concem that his involvement might jeopardize the work of the Planning Commission; urged the Town Council carefully consider the Planning Commission's recommendations. He stepped down from the table. The Planning Director reviewed the staff report; summarized changes the Planning Commission recommended to the 21.lot plan, including the elimination oflots 20 and 21 plus their roadway, TOWN COUNCIL MINUTES #1015 5/23/94 2 r limited house sizes to 4500 sq. ft., lowered heights on several prominent lots, required special fencing to be placed around the building envelopes on each lot to protect the open space easement; and stated the applicants have indicated their objections to these recommendations in various letters; and noted the Planning Commission recommends 19 lots on the 101 acres. ~ Randy Greenberg, Planning Commi"Sioner, referred to the letter of May 17, 1994, from Collette & Erickson and stated the Planning Commi"'~on did not consider relocation oflots 20 and 21 because of time constraints; stated the height limits on lots 5 and 10 were based on the lots' high vist"bility from many view points; stated the Planning Commission accommodated the applicant regarding heights; stated the longer native grass monitoring time is needed because construction Will be going on for decades and monitoring should be a routine, ongoing matter, requiring additional time to assure its success; stated because there are special status plants located below lots 20 and 21, continued protection will be needed and the Planning Commission determined Mitigation Measure 0.15.2 should continue to be required. There was discussion regarding the Planning Commission's decision that the location oflots 20 and 21 was unacceptable as far back as September 13, 1993, and that the applicant had plenty of time to change the lot configuration; how the Planning Commk'lion anived at the recommended house sizes because of adjacent homes; and how the heights were determined because of visual impacts. Mayor Nygren opened the public hearing. ~ George Landau, 82 SugarloafDrive, expressed disappointment that Councilmember Ginalsky stepped down from addressing this matter because of conflict of interest; alleged Mr. Collette has a conflict of interest in that he represents both the IRS and bankruptcy parties; stated Councilmember Ginalsky was elected based on his stand on this issue and the reason given is not sufficient; stated the IRS consistently settles with parties that owe them money and the Town should negotiate with them to purchase this property; noted that the Town wi1110se money on each new home built; stated the Town is being blackmai1ed by the threat of being sued; urged the Town Council to deny the project and pursue purchasing the property for open space. Mayor Nygren responded that the Council is legally bound to proceed with this hearing without consideration of who the owner is at this time. Carolyn Friedman, 108 Lyford Drive, stated she took the EIR to her geology professor at College of Marin, who questioned why no geological test was conducted on the site; stated the structure of the land is unknown; urged the Council deny the project. ~. Nancy Noble, Co-Chairman of the Last Chance Committee to Save Open Space, acknowledged that a no-plan decision is unrealistic and urged the Council support the Planning Commission decision; urged the General Plan be upheld; that contiguous open space be preserved on this property; that no development occur on the ridge; that riparian corridors be preserved; reminded the Town Council that open space preservation should be the number one issue in this Town; TOWN COUNCIL MINUTES #1015 5/23/94 3 I that the Council has been elected because of their platforms on moderate growth; reviewed the many times the applicant made plan changes and submitted them within 24 hours of Planning Commission meetings, thus limiting public input and review. r Nancy Dempster, of the Environmental Forum of Marin, expressed concern because it is unknown what effects construction will have on this property; expressed concern regarding the monitoring program and stated there is no evidence that revegitation is successful; expressed concern of effects of construction on the adjacent undeveloped property; stated any barriers should be substantial and very visible. Bill Atchley, 1721 Mar West, stated the Town will be losing its "crown jewel"; urged the Town Council support the Planning Commission recommendations; commended the Planning Director and Planning Comrnk'lion for their efforts. r John Walters, representing the Marin Chapter of the Native Plant Society, referred to their letter of April 22, 1994; commented that lots 20 and 21 require extensive grading and filling; the road to those lots will infringe on rock outcroppings which will have an adverse effect on the flora and fauna; the project deserves special treatment; the management of conservation easements should be administered by professional personnel and urged they be on public property rather than private property; only experts and those with previous experience should monitor the special species located on the property; drainage from lot 20 will effect the riparian habitat below the lot; the adjoining lot shows evidence of soil creepage because of underlying Franciscan melange formation mixed with serpentine outcroppings; stated repJeniohment of native grasses should only occur on the Tiburon Peninsula and not any where in Marin County; stated lots 20 and 21 adverse effects are not adequately mitigated in the Marinero Estate Mitigation Monitoring Program Checklist and requested these lots be eliminated from the precise development plan; and summarized by stating it should be demonstrated that there will be no ecological damage to the ecological systetns before such projects begin. ... Councilmember Wolf questioned whether non-motorized dirt bikes are acceptable in this area; and Mr. Walters stated his Society would not recommended any form of bike be allowed in the area. Harlan Kleinman, 99 SugarloafDrive, stated he is a new resident and expressed hope that the property in question will not be developed. Graham Taylor, 22 Meadow Hill, stated he would like more input from the direct neighbors of this project and requested soil studies be completed. 1:- Counci1man Ginalsky reviewed the reasons why it was determined he should not participate in this decision stating it would have caused more problems than helped; stated there is case law that allows for the argument that the applicants might be denied a fair hearing; stated the County Open Space District has made an offer to buy the property at fair market value and the receiver has the legal obligation to take that offer to his client; and assured that further discussions will be held in a public forum. TOWN COUNCIL MINUTES #1015 5/23/94 4 .. Warren Russell, 129 Lyford Drive, congratulated the Planning Commission and Town Council for their efforts; and stated the fight is not over and he does not believe the property will be developed. r Shirley Minder, 120 Lyford Drive, requested it be noted in the record that Senator Boxer has not been responsive to the concerns of the Tiburon residents and requested the Town Council ask her why they are being ignored. Mayor Nygren responded it would be inappropriate for the Council to contact Senator Boxer during the hearing phase of this property. ,.. John Collette, on behalf of the project applicant, stated it was never their intent to not follow the Town Council's direction regarding lots 20 and 21, but felt clear direction was not received regarding these lots; stated numerous revisions were made to eliminate 9 lots, two below the Council's specific direction to eliminate 7 lots; reviewed the previous actions of the Council and Planning Commission; stated all requested technical information was submitted to the Planning Commission; stated they tried to persuade the Commission that the proposed location for lots 20 and 21 was the best solution; and it was not until draft findings were submitted that they learned they were being charged with deliberately refusing to relocate those lots; stated they did submit additional information showing they were prepared to relocate the lots; stated the location of these lots will not effect the opportunity to continue the open space corridor to the Martha property; reminded they are proposing 90% of the property as open space, exceeding the Town's General Plan requirements; stated the road to lots 20 and 21 could be built without adverse impacts on the spider habitats, but recent studies indicate the spiders are not unique to this site and confirmation of these conclusions is being requested from a second arachnologist after which the applicant will be asking for arnendment to the precise plan to remove these constraints. Further, Mr. Collette stated they are asking to comply with a house size based on a much higher density; stated there is no evidence in the record to support the calculations limiting house sizes to 4500 sq. ft.; requested house sizes be determined by the FAR guidelines, and house sizes in surrounding developments and be subject to a 6000 sq. ft. limitation. Mr. Collette proposed ballards instead of a fence which would indicate boundaries. Vice-Mayor Thompson questioned what is being proposed for public trails on the site; and Mr. Collette reviewed the proposed locations for public trails, with existing trails remaining in their current locations. Martin Perlmutter, Planning Commissioner, reviewed flaws in the system; stated that the applicant had at least 8 to 9 experts representing them at each hearing; stated applicant knew that he was expected to give up 50% of the property for open space; therefore, in reality the applicant will get 1 unit per 1.5 acres, not 1 unit per 5 acres; stated he could not attend the last two Planning Commission hearings, but he would have voted to deny the project. ,. Mayor Nygren closed the public hearing. TOWN COUNCIL MINUTES #1015 5/23/94 5 iii Councilmember Wolf asked Ms. Collins, EIR consultant, if she had anything new to report regarding the spider situation; and Ms. Collins responded that they have received new information and will prepare a response for submittal by tomorrow; stated the arachnologist has found that each spider species has been found in other protected locations; they still need confirmation by a second arachnologist; if this information is confirmed and the evidence shows the spiders are not unique to this site, mitigations will not be required as stated in the final EIR. ~-., ~ Mayor Nygren questioned what constitutes a "rare" species; and Ms. Collins responded that protocol established in the EIR states that species deserved protection ifunique to the site or a very small area. But if species are found in at least one other location, it shows they are not unique to the site nor to a sma11 area. Further, she stated this does not include any official designation, such as endangered or rare, to be applied to the spiders on the site at this time. Councilmember Wolf questioned the range of house sizes in the El Marinero development; and the Planning Director confirmed the ranges of 1700 to 7000 sq. ft. Mayor Nygren questioned whether the Planning Commission discussed the merits of public verses private open space and resources conservation easements; and the Town Attorney responded that the Planning Commission did consider these matters and the conclusion was that the public easements in the conservation areas were the most appropriate. ,.. Mayor Nygren questioned the monetary responsibi1ities associated with the mitigation monitoring plan associated with the resource corridor and grassland areas; and the Planning Director responded that the monitoring plan will eventually be controlled by the Homeowners Association and included in the CC&Rs which will be approved with the final map. Mayor Nygren questioned the benefits of bonding the project verses insurance against potential slides; and the Town Engineer responded that both could be required at the time of tentative map approval as occurred with the Ring Mountain development. Staff was directed to research this. Vice-Mayor Thompson questioned the proposed location of sewer lines; and the Town Engineer responded that the sewer lines would run to Lyford Drive and sewer line drawings have been submitted. Mayor Nygren suggested a special meeting be called for Wednesday, May 24, 1994, to complete review of the proposed resolution. Councilmember Thayer stated he would vote to approve the proposed resolution; agreed that a condition that all bikes be prohibited on open space trails be included in the resolution; stated that lots 20 and 21 have never been acceptable and it was the applicant's decision to take the chance ofleaving the lots in the plan. J Councilmember Wolf stated she has always felt 21 lots would be a good plan because of a potential lawsuit ifless density is required; stated the Town has already spent $680,000 on land TOWN COUNCIL MINUTES #1015 5/23/94 6 .. use litigation; stated the goal is to buy the property, not enter into litigation which might eventually end in giving back density and risk delaying purchase of the property. Further, she stated the applicant has made it clear that a sale will not be discussed until there is an appraised value and there cannot be an appraised value until there is a development agreement. Ms. Wolf stated assessment of the $99 per parcel to purchase the property cannot begin until an agreement is reached to buy the property, and increasing interest rates will dimini~h the value of the assessments. r' , Vice-Mayor Thompson stated the Council is obligated to objectively review only the proposal before them and not the negotiations of a potential sale; again expressed objections to the major density occurring on the westem side of the property; and requested preservation of the last riparian areas. Therefore, he stated he would vote to deny the project. ,.. Mayor Nygren stated that people cannot be told they cannot develop their property; stated the General Plan was not written to guarantee density, but first to evaluate environmental constraints and determine location and then appropriate density; stated the environmental impacts were considered when the Planning Commission recommended removal oflots 20 and 21 and those impacts remain; stated this project is different from others in the country and should not be compared with others; stated the project has federally listed endangered species on the site; stated government officials have recommended against development of the site. Further, she stated lots 20 and 21 should be eliminated because garbage, recycling and delivery trucks will not use their access road, the lots are very isolated from the rest of the project; the rock outcroppings will be altered; extensive grading will be required; their location will cause loss of native grasslands; the fire road will be paved which is in violation of the General Plan; it is unknown what noise impacts will be caused from use of the proposed turfblock; the road will have a 90 degree curve with marginal line of site; steep cuts and retaining walls will be required; drainage and runoffwill affect the oaks and riparian areas. Mayor Nygren passed out copies of her comments and recommendations regarding the proposed resolution. Discussion ensued between Councilmembers Thayer and Wolf regarding the effects of a split vote; whether a reduced 19 lot plan would invite litigation as opposed to the 21 lot plan. Councilmember Wolf stated that much of the objection to lots 20 and 21 were based on the spider issue and it appears to have been resolved. Vice-Mayor Thompson indicated he would consider changing his vote to accept the Planning Commission recommendations with some additional amendments to avoid potential disaster. .. TOWN COUNCIL MINUTES #1015 5/23/94 7 r' ~ ~ ,~ 4.... .. ~ E. AD.JOlJRNMENT Mayor Nygren adjourned the meeting at 10: 45 p.m to Wednesday, May 24, 1994, 7:30 p.m, to continue discussion and consideration of the proposed resolution. ATTEST: L1%,v~~ TIIERESE M. HENNESSEY, WN CLERK TOWN COUNCIL MINUTES #1015 5/23/94 GREN 8