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HomeMy WebLinkAboutTC Min 1996-04-03 , ".... TOWN COUNCIL MINUTES CALL TO ORDER Mayor Nicky Wolf called the regular meeting of the Town Council of the Town ofTiburon to order at 7:31 p.m., Wednesday, April 3, 1996, in Council Chambers, 1101 Tiburon Boulevard, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: EX-OFFICIO: Ginalski, Hennessy, Thayer, Thompson, Wolf None Town Manager Kleinert, Town Attorney Danforth, Chief of Police Herley, Planning Director Anderson, Associate Planner Catron, Contract Planner AlIsep (8:15 p.m.), Finance Director Stranzl, Town Engineer Mohammadi, Town Clerk Crane B. PUBLIC OUESTIONS AND COMMENTS None. Moved: Vote: C. CERTIFICATION OF MARCH 26. 1996 MUNICIPAL ELECTION RESULTS Motion: To adopt Resolution Certifying Election Results [Failure of Measure "c" - Special Parcel Tax for the Purpose of Constructing Improvements to the Town's Street System] Hennessy, Seconded by Thompson AYES: Unanimous r-. D. RECOGNITION OF TOWN SERVICE 1. Mayor Wolf read a letter from Congressman Fazio commending Chief of Police Herley for going "above and beyond the call of duty, following and assisting in the apprehension of an armed man who had just robbed ajewelry store" in Vacaville. The letter noted that the Vacaville Police Department had honored ChiefHerley through its Citizen Recognition Program. E. CONSENT CALENDAR 2. Investment Summary dated February 29, 1996. 3. Town Hall Roof Repairs (Approve Bid). 4. Oppose AB2391 (Mazzoni) - Legislation reallocating ERAF Property Tax Rebate to Novato Unified School District. Items 3 and 4 were removed for further discussion; item 4 moved to end of agenda. ~ Town Council Minutes #1083 April3,1996 1 3. Town Hall Roof Repairs. Councilmember Ginalski questioned the need for roof repairs of the ,......, Police Building if construction of a new building at Ned's Way was imminent. Hennessy questioned why the high bid had been accepted. Finance Director Stranzl said the roof was in an advanced state of disrepair. He agreed to discuss a lower bid with [Public Works and Building] Staff and possibly setting aside a portion of the work to be done. MOTION: Moved: Voted: To adopt Consent Calendars Items 2 & 3 Thayer, Seconded by Thompson AYES: Unanimous F. UNFINISHED BUSINESS 5. Parks & Open Space Commission Recommendations - a) Parking/Signage at Blackie's Pasture b) Location ofBlackie's Statue c) Ayala Day (Fundraiser) Mayor Wolf recused herself and stepped down. Councilmember Hennessy asked Town Engineer Moharnmadi to show the parking plans he had presented to POSC to the Council. She also asked for reconsideration of 3-4 hour parking restrictions. Town Engineer Moharnmadi had recommended applying for a permit from BCDC for 20-26 more spaces in addition to the seven (7) approved by POSC, in case they were needed in the future. [The proposed additional spaces would be located between the overflow parking lot "" and the creek near the trestle.] Town Manager Kleinert said Staff supported Moharnmadi's suggestion to apply for a permit. Blackie's Brigade Chair Smith and Town Engineer Moharnmadi said the total number of parking spaces, with the addition of the proposed 20, would be 143. Councilmember Hennessy confirmed that the addition of the approved seven (7) would represent no net increase in the current number of spaces already available, just a reconfiguration of the spaces. Joanne Ferro, POSC Chair, said it would be premature to approve the additional spaces before parking counts could be done. She stated that POSC would do parking counts over the summer and return to Council, but said their initial response was that more parking would detract from the rural, pasture-like feeling of the area. Chair Smith explained the proposed completion of the fencing plan, which was to be installed by the Brigade and paid for by the Tiburon Peninsula Foundation, at no cost to the Town. Nicky Wolf, 426 Greenwood Beach Road, reiterated that the public had said it wanted the pasture left as open and natural as possible and warned against "incrementalism" (e.g. closing it in bit by bit), which made people suspicious of Town government. I'~ Town COWICil Minutes #1083 April 3, 1996 2 .""' During public hearing, Karen Nygren said the Town's General Plan required setbacks from any water source, and that the overflow parking would be too close to the creek. Ellen Rony, 21 Juno Road, said there would always pressure for more parking and encouraged Council to "honor the thing that brings people there--the natural openness." Mogens Bach, Blackie's Brigade, said the fence was needed for traffic control, and that 900/0 of the visitors he had talked to in the pasture liked the fence. Police ChiefHerley said proper signage and barriers were needed for traffic control. Vice Mayor Thayer closed the public hearing. Councilmember Thompson thanked the Brigade, made some suggestions regarding the fencing plan, and asked that signs be kept to a minimum. Councilmember Hennessy asked that time limits on parking be agendized, and volunteered to help with Ayala Day, and to be the Council representative to POSC. Councilmember Ginalski suggested a sign at the entrance to the pasture stating, "Park in Designated Spaces," and said he supported the rest of the POSC recommendations. Councilmember Thayer said one sign was not enough and eventually parking would also have to r- be controlled in the neighborhoods. MOTION: To adopt Parks & Open Space Recommendations for Blackie's Pasture, not limiting parking to 123 spaces [but not to exceed 150], and including Councilmember Thompson's suggestion for fencing at the toe of the berm. Moved: Vote: Thompson, Seconded by Ginalski AYES: Unanimous ABSTAIN: Wolf [recused] The location ofBlackie's Statue [to stay in its current location], and the proposed Ayala Day fundraiser, were also approved by consensus. 6. Marin County Hazardous & Solid Waste JPA (Adopt revised JPA). Town Manager Kleinert said the previous JP A was being terminated and a revised JP A, reduced to 10 cities and the County, not including any special districts, was being formed. The previous JP A had a budget of $1.4 million and Kleinert estimated the new one would be around $700,000. The JPA would undertake six current programs, to be administered by the County. Kleinert said that County staff was being reduced, however Dee Johnson would continue on as Executive Director. ,,--. Town Council Minutes #1083 April 3, 1996 3 -- Councilmember Thompson said the "stripped down" JP A was a vast improvement. Councilmember Ginalski asked for language to be added to the agreement to show how the cost would be apportioned among the towns and cities. Kleinert said costs would be partly be apportioned based on tons of garbage collected and disposed of by jurisdiction, but that the actual shares had not yet been determined. During public hearing, Karen Nygren, asked whether there was a conflict of interest if the County was both a party to the JP A and the administrator/price negotiator. She also suggested raising the price of second [garbage] cans to equal the cost of the first can. Councilmember Thayer said all the considerations would be taken into account as time went on, but said the importance of the action at hand was to get out of the old JPA and into a new, less costly one. MOTION: Moved: Vote: To adopt Resolution Terminating the [old] Hazardous and Solid Waste JPA Thayer, Seconded by Hennessy. AYES: Hennessy, Thayer, Thompson, Wolf NOES: Ginalski MOTION: To acknowledge the six programs undertaken by the new JPA and to authorize the Mayor to sign the Agreement to enter into the new JP A Thayer, Seconded by Hennessy AYES: Hennessy, Thayer, Thompson, Wolf NOES: Ginalski /'" Moved: Vote: 7. Rule 20A Undergrounding of Utilities at Blackie's Pasture. Town Manager Kleinert said the proposed undergrounding would run between Trestle Glen Boulevard and Stewart Drive. He said that $140,000 in Rule 20A funds was currently available and the Town would borrow against its future accruals to complete the work, estimated to cost $230,000. Councilmember Thompson clarified that the funds would not come out of the Town's operating budget, but were mandated funds set aside by PG&E specifically for these projects. Report only/no action taken. 8, 18 Warren's Way: Precise Plan Amendment to Lot 16, Tiburon Highlands. Associate Planner Catron said the purpose of the amendment was to increase the distance between the proposed structure on Lot 16 and any contiguous structures, to allow existing oak trees to act as a screen, and to accommodate a drainage pipe that now ran through the lot. He said the amendment had been approved by Staff and the Planning Commission. Councilmember Thayer said the Planning Commission and the applicant did a good job in working r- Town Council Minutes #1083 April 3, 1996 4 out the mitigation measures. ~ MOTION: To adopt Staff Recommendations, Approve the Negative Declaration and Amend the Precise Plan (18 Warrens Way) Thayer, Seconded by Thompson AYES: Unanimous Moved: Vote: 9. Appeal of Design Review Board Decision - 1731 Centro West, Frank and Patricia Brooks, Applicants. Contract Planner A1lsep said applicants received a 1971 permit to build a carport at the above address. She said a site inspection was done in 1994 when it was reported that subsequent exterior alterations to the structure were being made without a building permit or design review approval. The inspection revealed a bathroom, bedroom and living space and the Building Official issued a stop work order. The Brooks then applied to DRB for approval of the as-built conversion of the carport structure to living space, and were denied. The February 15, 1996, denial resulted in the appeal to Council. A1lsep said Staff recommended denial of the appeal, even though the Brooks had addressed some of the design issues, the neighborhood compatibility and proximity issues still remained. She also said applicants would need an FAR exception for additional living space because adding it would exceed the limits in the Town's zoning ordinance. Mayor Wolf opened the public hearing. Richard Weinstein, attorney representing the Brooks, said approval of the project would result in J""., increased privacy for the neighbors and improvement of the appearance of the lot. He said denial would result in more automobile and foot traffic, more noise and no guarantee ofless density. Weinstein said the FAR guidelines referred to were passed in 1990 and were not in place at the time the structure was built. Michael Heckmann, architect for the Brooks since December, 1995, said the structure would be brought up to code and said its size was consistent with the neighborhood and compatible with the physical characteristics of the site. He said this kind of application should be dealt with on an individual basis and recommended approval. Margaret Azevedo, Centro West resident since 1951, called for a reasonable approach to the interpretation of the zoning ordinance. She said one of the guidelines she used as a former member of the County Planning Commission was whether granting an exception would harm the neighborhood. She maintained that granting an exception for the Brooks would not. Ann Green, neighbor of the Brooks, said the neighborhood was already very dense, and that the carport was very close to their pool area. She expressed regret that the Brooks did not consult them before building the structure. /~ Town Council Minutes #1083 Apri13, 1996 5 -- Bob Packard, 2 Cazadero Lane, representing his family and the CorcoranlLeVois and Atchleys, said there was overwhelming opposition to the project by the affected neighbors and urged Council to uphold the zoning ordinance and the DRB decision. He further asked for denial with prejudice and removal and abatement within 90 days. Brian Moray, retired engineer, said he had followed the debate with interest. He said the building was not offensive and that the neighbors were only being malicious. Gary Shepard, former Planning Commissioner, said the zoning ordinance was changed with the thought in mind that "old timers" would not be damaged and they could keep their houses. If they were changed, however, they must comply with the new regulations. Hearing returned to Council. Council explored various possible compromises and solutions between the neighbors and the Brooks' request for a converted living space for their children, including adding a restriction to the deed [rejected by Town Attorney on the basis of privacy issues]. Councilrnember Thayer said the zoning ordinance did not provide for non-legal, non-conforming units. Mayor Wolf said denial without prejudice would not prevent the Brooks from coming back with a different proposal and request for an FAR exception. The time period for abatement of the project was also discussed, including abatement of specific code violations, such as the above-ground sewer lines. A1lsep said the Building Official must follow certain noticing requirements in the Uniform Building Code when calling for abatement. r-. MOTION: To uphold the Decision of the Design Review Board and Deny the Brooks' Appeal, and to Abate the Project, including Replacement of the Windows in the Structure on the west elevation with a Blank Wall. Thayer, Seconded by Ginalski AYES: Unanimous Moved: Vote: 10. New Downtown Town Hall Project - 2nd Reading of Ordinances for Processing Procedures, Rezoning, and Amendment of Zelinsky Master Plan. Councilmember Thayer said he was still strongly concerned about the negative declaration on the project, and felt that further action should have been taken per the Planning Commission's recommendation. However, he said that voting "no" on the ordinances was overkill. During public hearing, Nat Marans, Spanish Trail, asked again for additional geological information, and asked Council not to build a public institution on "this type ofland." MOTION: Moved: To read [processing procedure] Ordinance by Title Only Thompson, Seconded by Hennessy ""' Town COWlcil Minutes #1083 April 3, 1996 6 Vote: - AYES: Unanimous Mayor Wolf read, " An Ordinance of the Town Council of the Town ofTiburon Establishing Planning Procedures for the Tiburon Town Hall Project." MOTION: Moved: Vote: MOTION: Moved: Vote: To adopt above Ordinance Thompson, Seconded by Hennessy AYES: Unanimous To read [rezoning] Ordinance by Title Only Thompson, Seconded by Hennessy AYES: Unanimous Mayor Wolf read, "An Ordinance of the Town Council of the Town ofTiburon Rezoning Certain Property from NC (Neighborhood Commercial) Zone ot P (Public/Quasi-Public) Zone, 1515 Tiburon Boulevard (portion of Assessor Parcel #58-272-82)." MOTION: Moved: Vote: I'" MOTION: Moved: Vote: To adopt above Ordinance Thompson, Seconded by Hennessy AYES: Hennessy, Thayer, Thompson, Wolf NOES: Ginalski To read [Zelinsky Master Plan Amendment] Ordinance by Title Only Thompson, Seconded by Hennessy AYES: Unanimous Mayor Wolf read, "An Ordinance of the Town Council of the Town ofTiburon Amending Provisions of the Zelinsky Master Plan to Allow Development of the Tiburon Town Hall (portion 58-182-82). " MOTION: Moved: Vote: MOTION: Moved: Vote: To adopt above Ordinance Thompson, Seconded by Hennessy AYES: Unanimous To adopt Resolution Amending Provisions of the Zelinksy Precise Plan to Allow Development of the Tiburon Town Hall (portion 58-182-82) Thompson, Seconded by Hennessy AYES: Unanimous H. COUNCIL. COMMISSION & COMMITfEE REPORTS 11. Town Council Meeting Procedures - Robert's Rules of Order. Councilmember Thayer said ~ Town Council Minutes #1083 7 April 3, 1996 ~ he thought it more appropriate to discuss (Robert's Rules of Order] at a staff retreat. Councilmember Thompson said he was tired of recurring incidents and behavior during Council meetings and named Councilrnember Ginalski. Councilrnember Ginalski called for a point of order and said he would not listen to a speech against him. Mayor Wolf said that one problem was people talking over each other and asked the Council to be recognized before speaking. Councilrnember Thayer said it was improper to attack a colleague. Councilrnember Thompson said that when people disagree, there still should be a level of respect, and noted that hand motions and gestures, including rolling of eyes, was making "a mockery of how we act up here." Councilmember Ginalski said he appreciated the constructive criticism and thanked Thompson for "pointing me out." Councilmember Hennessy asked for disagreement with respect. Mayor Wolf said everyone should pay attention and asked Council to please wait to be recognized before speaking. /' L COMMUNICATIONS 12. Vacancies and Removal Procedures for Town Boards and Commissions. Mayor Wolf read, "We value an independent voice as advisor to council. It appears, however, that the current planning commission is not providing objective input based on a fair reading of our general plan. This was demonstrated two weeks ago when, despite an overwhelming community decision to develop a downtown property as a town hall and despite the lack of any tangible evidence in the record of any environmental impacts, the commission refused to accept the recommendation of the town's outside planning consultant and town staff to certifY a negative declaration. We need a commission with a more positive attitude, a commission which will be both careful in applying our general plan and constructive in working to further the common goals ofTibuom. Rather than single out individuals for replacement, I believe the best course is to ask for the resignation of the entire board, to invite the board members to re-interview along with other applicants, and to reappoint a new, more balanced commission." Councilmember Thayer said he valued highly the statements of the four planning commissioners [who voted against the negative declaration] and did not think their decision was contrary to the will of the voters, but rather, helped to crystallize the issues. He said the only reason to ask for their resignation would be if they were incompetent, an embarrassment, or engaged in behavior /'"' Town Council Minutes #1083 April 3, 1996 8 inappropriate for a Town official. ~. Councilmember Thompson said he respected what Thayer had to say but what happened [on March 20] caused him to lose confidence in the Planning Commission. He said that four commissioners had taken an arbitrary stance and agreed with Mayor Wolf that a mass resignation would not preclude them from applying for reappointment. Councilmember Hennessy said a new regime should have the opportunity to appoint its own people who reflected the goals and policies of the current Council. Councilmember Ginalski said "this is the most arrogant thing I've ever heard," and that it smacked of censorship and bad play. He said the commissioners had spent thousands of hours on the Harroman Project [and other matters] and did not deserve to be treated this way. Councilmember Thompson said the viewpoint of the majority of the voters should be respected, and that boards served at the pleasure of the Council. Mayor Wolf discussed the logistics of interviewing applicants and how long the current Planning Commission would continue to serve. Town Attorney Danforth advised Council that the subject of appointments had to be agendized. Councilmember Ginalski left the meeting at 11:40 p.m. ,..... Town Manager recommended postponing the item for further discussion. Mayor Wolf recognized Planning Commissioner Schrier, who said he was surprised but not shocked by the call for resignation. He said he thought it was a fine Planning Commission with many years of service, he would not resign. Mayor Wolf recognized Planning Commissioner Greenberg, who expressed sadness and said the Council's interpretation that the Planning Commission was trying to stop the Town Hall project was incorrect. She said she was concerned about precedent-setting with regard to the Town's view policy, and that the Council had the right to override the decision. She said she was "appalled and shocked that you would take this action without public discussion and notifying the commissioners." She warned ofa steep learning curve for new commissioners and that there would be no "institutional memory" with a new commission. Mayor Wolf said she did not want to single out individuals and said the terms would continue to be staggered. She asked that the item be continued to Apri110 and directed Town Manager Kleinert to set up interviews for that week, including previous applicants. 13. Town Council Finance Committee. Mayor Wolf said that the Town's new computer ~ Town COlUlCil Minutes #1083 April 3, 1996 9 '"' L F " . . accounting software would allow more in-depth budget and management reporting, and recommended a committee to oversee the development of the upcoming budget. She said a lot of the work would have to be done by Town staff. Town Manager Kleinert discussed the performance measurement system which could be integrated into the computer system, but said it would take time to implement and would not be ready until the second year of the two-year proposed budget. Mayor Wolf said she wanted a more informative budget, which could later be turned into a performance measurement system if the Council so desired. She said she wanted to find people in the community who have experience in this type of program. Councilmember Thayer said it sounded like the budget was being taken out of the hands of Council. Mayor Wolf disagreed and said she thought it would be helpful to have the budget reviewed on a semiannual basis. Councilmember Hennessy expressed concern that Council would be usurping Town Staff's duties. Council agreed to discuss the matter further at the annual retreat, and tentatively scheduled it for June 8, 1996. J. STAFF & TOWN MANAGER REPORTS 14. Report on ferry Transportation Roundtable. Town Manager Kleinert said that of the 13 bases in the Bay Area set for closure, 12 had water access. He reported that Metropolitan Transportation Commission (MTC) had expressed a willingness to provide funding, and that the National Park and ferry services were interested in pursuing use of the bases as ferry terminals. 4. AB2391 (Mazzoni) - ERAF legislation reallocting property tax rebate to Novato Unified School District. County Administrator recommended letter of opposition to AB239L Mayor Wolf expressed support for Mazzoni plan and requested Council take no action. K. ADJOURNMENT There being no further business before the Town Council of the Town ofTiburon, Mayor Wolf adjourned the meeting at 12:50 a.m., to April 10, 1996. M0iv0/ -NICKY WOL7 MAYOR ATIEST()1 {J /(~/~-- DIANE L. CRANE, TOWN CLERK Town COIUlcil Minutes # 1083 Apri13, 1996 10