HomeMy WebLinkAboutTC Minutes 2014-01-15TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Fredericks called the regular meeting of the Tiburon Town Council to order at 7:30 p.m.
on Wednesday, January 15, 2014, in Town Council Chambers, 1505 Tiburon Boulevard,
Tiburon, California.
ROLL CALL
PRESENT: COUNCILMEMBERS:
PRESENT: EX OFFICIO:
ORAL COMMUNICATIONS
Doyle, Fraser, Fredericks, O'Donnell, Tollini
Town Manager Curran, Town Attorney Danforth,
Director of Administrative Services Bigall, Director
of Community Development Anderson, Police
Chief Cronin, Town Clerk Crane Iacopi
AJ Brady, new RUSD Trustee, introduced himself and said he had been appointed by the Board
to be the liaison to the Tiburon Town Council. Mr. Brady also indicated that he would come to a
future meeting to talk about a possible parcel tax.
CONSENT CALENDAR
1. Town Council Minutes —Adopt minutes of November 20, 2013 meeting (Town
Clerk Crane Iacopi)
2. Town Council Minutes —Adopt minutes of December 4, 2013 meeting (Town
Clerk Crane Iacopi)
3. Vacancies on Town Boards and Commissions — Announce pending vacancies on Town
Boards and Commissions in 2014 (Town Clerk Crane Iacopi)
4. Annual Development Fees Report — Adopt annual report on the status of the Town's
Development Impact Fees pursuant to the California Government Code (Director of
Community Development Anderson)
5. 26 Apollo Road —Resolution regarding the appeal by Nikita and Suzanna Bell of a site
plan and architectural review denial for the construction of a new single - family dwelling
located at 26 Apollo Road; Assessor's Parcel No. 034- 271 -13 (Community Development
Department)
Town Council Minutes #01 -2014 January 15, 2014
Page I
6. Town Signature Authority — Adopt resolution authorizing check signing
authority to reflect changes in the composition of the Town Council (Director of
Administrative Services Bigall)
7. Town Investment Summary— Accept report for December 2013 (Director of
Administrative Services Bigall)
8. Security Cameras — Accept annual report for security cameras located on Tiburon
Boulevard and Paradise Drive (Chief of Police Cronin)
Councilmember O'Donnell asked for Item No. 5 to be removed from the Consent Calendar
because he planned to vote no on it.
Item Nos.I — 8 were approved except for Item No. 5 (moved O'Donnell, second by Doyle —
unanimous vote (4 -0) with one abstention [ Tollini abstained on Town Council Minutes, Items 1
and 2].
Item No. 5: Motion to adopt failed on a tie vote (2 -2 -1) with Fraser and Fredericks voting in
favor; Doyle and O'Donnell against; Tollini abstaining. Attorney Danforth explained that a tie
vote resulted in a denial of the appeal by operation of law. There being no father motions made
to act on the appeal, its denial was final. Town Manager Curran stated that the draft resolution
had also contained a clause waiving design review re- submittal fees for a single story project, but
that this clause would not be approved based on the tie vote. A separate motion was made to
waive the design review fees for re- submittal by the Bells of an application for a one -story
project (moved Fraser, second by Fredericks, passed on a unanimous vote (5 -0).
ACTION ITEMS
1. Flower Basket Endowment— Consideration of an agreement with Mrs. Paula Little to
accept donation for funding of flower baskets in the downtown area (Town Manager
Curran)
Town Manager Curran gave the background on the program of the downtown hanging flower
baskets. She said it had been generously funded for five years by Carol Rayner, with the
volunteer assistance of Hazel Carter and Randi Brinkman. Because the five -year endowment
was ending, the Town Manager said that funds were needed to keep the program going. To this
end, Curran said that Mrs. Paula Little had stepped forward and generously offered to help keep
the program running.
Curran said a draft agreement had been worked out whereby the annual cost ($10,000) of
maintaining the 30 baskets would be shared by Mrs. Little and the Town on a 75 0/a/25% basis.
She asked the Council to consider adopting the resolution accepting this generous gift from Mrs.
Little and authorize the Town Manager to sign an agreement on behalf of the Town.
Town Council Minutes #01 -2014 January 15, 2014 Page 2
Curran said the agreement would remain in place unless Mrs. Little or the Town wished to
amend it or withdraw from the agreement. She also said that Ms. Brinkman and Ms. Carter
would continue to volunteer, help with flower selection, and collaborate with the Department of
Public Works on the upkeep of the 30 baskets. Councilmember Fraser asked whether there
might be an opportunity to participate if other donors were to step forward. Curran said yes, that
additional donations would help grow the fund to extend it further into the future.
Councilmember O'Donnell said that Mrs. Little lives in his neighborhood and is well known and
highly thought of by many. He said that he wished to publicly thank her for her generosity.
There was a motion and second (O'Donnell/Fraser) to adopt the resolution authorizing execution
of the agreement. Motion passed unanimously.
2. Town Council Committee Appointments — Update Council Committee Appointments list
to reflect revisions or new committee assignments in 2014 (Mayor Fredericks/Town
Clerk Crane Iacopi)
Mayor Fredericks waived the staff report and asked whether any member of the Council wished
to change any of their current assignments. Councilmember O'Donnell said that he would like to
continue to be the Town's delegate to Marin Clean Energy but not the Richardson Bay Regional
Agency (RBRA). Councilmember Tollini volunteered to serve as the Town's delegate to RBRA
and Councilmember O'Donnell said he would be happy to be the alternate.
Mayor Fredericks asked whether Councilmember Tollini would accept the remainder of the late
Councilmember Collins' appointments, She said she would (with the following exceptions):
Vice Mayor Doyle said he would like to serve on the Downtown Revitalization Committee and
Councilmember O'Donnell said he would like to serve on the Downtown Parking Committee, in
place of Vice Mayor Doyle.
Mayor Fredericks also noted that the Transportation Authority of Marin had asked each city
council to appoint a representative to its Safe Routes to School committee. Councilmember
Fraser said he would serve on behalf of the Town.
Town Manager Curran noted that there were some Council ad hoc committees that had or might
shortly sunset. She said that the CART Committee had issued its final report in 2013. Council
agreed to sunset that committee. She said that another Council ad hoc committee, the Lyford
Parking Lot committee, would sunset soon after a few remaining details were completed.
The Council unanimously concurred with these recommendations and ratified the appointments.
L Prior to the start of the public hearing on the appeal, Councilmember Fraser said that he would
recuse himself from the hearing because the property owner /appellant was his client.
Town Council Minutes #01 -2014 January 15, 2014 Page 3
But before he did so, Councilmember O'Donnell asked for Council reports to be moved up on
the agenda such that Councilmember Fraser could be present. The Mayor agreed.
Councilmember O'Donnell said that the Board of Directors had voted to officially change the
name of the Marin Energy Authority to "Mann Clean Energy", because both names had been in
use and this change to a single name would help avoid confusion.
PUBLIC HEARING
1. 1704 Tiburon Boulevard— Appeal of the Planning Commission's denial of a conditional
use permit application to establish a real estate business office in the VC Zone
(Community Development Department)
Owner: K2 Properties
Applicant: Decker Bullock Realty, Inc.
Appellants: K2 Properties and Decker Bullock Realty, Inc.
AP No. 059 - 102 -17
Councilmember Fraser left the building. Director of Community Development Anderson gave
the report. He said that on August 28, 2013, the Planning Commission denied a conditional use
permit application for the operation of a real estate business office at 1704 Tiburon Boulevard.
He said the property owner and applicant ( "appellants ") subsequently filed a timely appeal of this
decision.
Anderson gave a brief background of the project. He said that Decker Bullock Realty Inc. had
applied for a conditional use permit application to establish a real estate business office in the
Village Commercial zone. The prior use was a dry cleaning operation and the change of use
required a conditional use permit, according to Anderson. He said the proposed use would
occupy approximately 1,295 square feet of ground floor space fronting on Fountain Plaza.
Director Anderson outlined the three grounds of the appeal and staffs responses, which are fully
detailed in the written staff report.
In conclusion, Anderson said the Planning Commission interpreted the intent of the relevant
General Plan goals and policies, and the Zoning Ordinance provisions regarding findings for
approval of conditional use permits to the best of its ability in promoting the general welfare of the
community. However, he said should the Town Council conclude that the Commission erred in
its interpretation or otherwise reached an incorrect decision, the decision could be overturned on
that basis.
Anderson said that another option, presented by Decker Bullock in a letter attached to the report
(in Exhibit F to the staff report), offers to "provide a significant section of the space to allow for a
Town Council Minutes #01 -2014 January 15, 2014 Page 4
Tiburon Visitor Center that could be staffed by volunteers and include space for tourist and local
merchant information." He said the Planning Commission declined to pursue that offer.
Anderson recommended that the Town Council:
1) Hold a public hearing and take testimony on the appeal in accordance with the Town's
adopted procedure, and close the public hearing.
2) Deliberate and, if prepared to do so, indicate its intention to deny the appeal.
3) Direct Staff to return with a resolution denying the appeal for consideration at the next
meeting.
Mayor Fredericks opened the hearing for the appellant's presentation.
Neil Sorensen, attorney for the property owners (K2 Properties) and applicants, Decker Bullock
Realty, said his clients were in the audience tonight. He asked that the Council grant the appeal
and allow the use of the space, as proposed. He noted that he had submitted a letter detailing the
reasons and information needed to grant the appeal but said it had been categorized as "late mail"
even though it was received prior to the agenda deadline. He said it was a lengthy letter and he
would not go into all the details during his presentation.
Mr. Sorensen said that two issues were paramount: 1) the applicant and owner had shown that
the use is consistent with the General Plan; and 2) the use as proposed would not create "dead
f space" as feared by the Planning Commission. He said that his clients thought the Planning
LCommission was mistaken and that according to DT -16, the use would be consistent with the
current uses on Main Street and Ark Row. In addition, Sorensen said that the actual location of
his client's property under consideration was on Tiburon Boulevard, not on Main Street, and was
consistent with all other policies. He noted the subject tenant space was not the same address as
the comer space of the building, which was 10 Main Street.
Attorney Sorensen asserted that the proposed use would be consistent with all Town goals and
policies, including policy LU -23 (diversity of commercial uses); goal DT -B (promotion of new
resident and visitor- serving uses); policy DT -3 (economic vitality, vitality defined here as an
occupied space being better than a vacant space); policy DT -16 (prohibition only applies if the
space is suitable for a retail business or restaurant). On the latter point, Mr. Sorensen provided
examples (more fully explained in his letter) of a contractor's estimate and appraisal stating that
the property owner would have to charge twice the market value of rent in order to recoup the
costs of changing the space for such a use [in DT -16].
Mr. Sorensen said there was no evidence that the presence of a real estate office would weaken
the viability of downtown businesses. In fact, he said that recent studies showed evidence to the
contrary; that the accepted fact that all office use is bad was changing. He noted that many cities
now allow office space and mixed use spaces downtown. He said that real estate offices are a
Lservice -type use.
Town Council Minutes #01 -2014 January 15, 2014 Page 5
Sorensen outlined the historical and physical difficulties in renting the proposed space. He said
that the rental study showed that the space had been vacant for a third of the past 10 years; that
!l the location lacked parking and trash enclosures, and that in 2010, when a wine bar was granted a
use permit, they had given up for these reasons and more. He described how a restaurant space
would have to have six sinks (three for washing, three for rinsing) and other code requirements
that the property owner or renter would be unable to provide. He said that Commissioner Welner
had expressed surprise that the Commission would turn down a viable renter.
In conclusion, Sorensen said that the Council should overturn the Planning Commission's
decision on the grounds that the use was consistent with all relevant Town policies and would
provide a resident and visitor- serving use. He said that Decker Bullock Realty would provide all
of these things.
The Council had some questions, following Sorensen's presentation.
Councilmember O'Donnell asked about the prospect of enhancing the space by knocking down
the wall between the two adjacent properties and creating an expanded rental space. Attorney
Sorensen said the idea was perhaps theoretically possible.
Mayor Fredericks said she understood the physical constraints of the space; however, if it were
not a restaurant use, perhaps there was some other food service business that could utilize the
space. She also asked whether the lessee might make the improvements rather than the owner.
Attorney Sorensen said the same code requirements and physical constraints would apply.
Heidi Pay of Decker Bullock Realty spoke next. She thanked everyone who had participated in
the review process. She agreed with Mr. Sorensen's description of the physical constraints of the
space and lack of trash enclosures and parking. She also said there was no storage or sinks and
that the bathroom was tiny. But Ms. Pay said that Decker Bullock would bring an added value to
the property, enhancing the space and providing an upscale vision of Belvedere and Tiburon to
the public. She said they looked forward to being a great neighbor to the other downtown
businesses.
Ms. Pay said that she was initially told by staff that there would not be a problem with the
proposed use; later, she said she was told that it was too much intensity of use. As a result, she
said they scaled back the number of staff that would be in that location. But she said they would
also create a visitor center and support all the community activities that take place in the
downtown area.
Mayor Fredericks opened the hearing to the public.
The following people spoke, all of whom were in favor of denying the appeal:
1. Tom Gram, Venado Drive, said the staff report was well prepared and showed how other
jurisdictions were addressing this issue; said he could speak from a developer's
Town Council Minutes #01 -2014 January 15, 2014 Page 6
perspective where the axiom was never to allow office space in a retail area because
office space is "dead" space; said an early priority when he served on the Council was to
settle the ADA lawsuits downtown and then enhance the downtown, which was
accomplished through the formation of an assessment district by the property owners.
Prior to that there was no Fountain Plaza, no attraction, but that after the General Plan
was updated and the downtown improvements were made, it was now the center of
downtown and an area that draws people in; said this was a result of efforts of many, and
the current policies of the Council. Gram said the Council also wanted to correct past
errors, such as allowing the use of office space on Main Street (39 Main Street, which
was converted to office space); he said 1704 Tiburon Boulevard was not suitable for
office space; perhaps a light restaurant but not office space.
2. Patrick Sherwood, 10 -year resident, citizen volunteer and "pro- business ", said he cared
deeply about the economic vitality of downtown and said the only two entities that would
profit from the current proposal were the property owner and Decker Bullock; said there
was an opportunity to bring energy and vitality to the area and a real estate office would
not do that; said the Marketing & Communications Task Force had a single- minded
vision to support the revitalization of downtown; said it was apparent and agreed with
Gram that the community wants to "hang out ", shop and dine downtown and that visitors,
too, sought dynamic shopping and dining opportunities downtown; in this sense, real
estate is not a retail business; drew a comparison with Mill Valley and said if the Depot
bookstore was replaced by a real estate office, what an outcry there would be.
3. Michael Koskie, owner of a consulting business for 20 years downtown and citing his
experience in real estate said that the M &C Task Force's major objective was a vibrant
downtown and said a unique opportunity presented itself at this juncture with a new
major landlord coming into downtown. He agreed that parking for 1704 Tiburon
Boulevard was impossible and wondered how the applicants would address that issue, as
well.
4. Colin Probert, who said he and his wife have lived here for 25 years, agreed that if we
want pedestrian traffic, then we need retailers to sell things other than $5 million homes
in that location; said the right retailer in the right place makes a world of difference and
cited the revitalization of the Cove Shopping Center when Peet's Coffee moved in there;
said that except for Sam's deck, the downtown area was "dead "; he also showed what
other ground floor real estate offices downtown looked like in photographs and compared
them to locations with outdoor seating, like the Boulange in Strawberry Shopping Center,
that had vibrant activity; concluded by stating that "if you put the right stuff out there,
they will come."
5. Janice Anderson -Gram, long -time resident and M &C Task Force member, said the group
had worked hard to find ways to enhance the downtown and that it did not make sense to
put a real estate office in the heart of downtown; said the Fountain Plaza was Tiburon's
"centerpiece" and noted that there were already six real estate offices in the downtown
area; said whatever tenant was chosen for the 1704 location, it should foster the area as a
"gathering place ". Ms. Anderson -Gram read a letter signed by the following downtown
business owners in support of the Planning Commission's decision to protect the
downtown area — Cafe Acri, The Candy Store, Christopher Salon, Citrus, Garnish, Grass
Town Council Minutes #01 -2014 January 15, 2014 Page 7
Shack, Koze, Main Street Wine Bar, May Madison, New Morning Cafe, RJ Sax, Tommy
Bahama, Junella's, Ruth Livingston Studio, Salt & Pepper, Servino Ristorante, Unique
Boutique, and Waypoint Pizza.
6. Jan Harder, real estate representative of Argo Investments, owners of half of the buildings
on Main Street and also Maritime Center, said they too supported ground floor retail and
had refused offers to rent an empty building at 46 Main Street to a real estate or banking
business because they wanted the "right tenant" for that location; said they had plans to
demolish the building where Grass Shack was located in the coming year to create a more
vibrant mixed use space in that location; agreed that it was hard to walk past vacant
buildings downtown but said they supported the Planning Commission decision, as well.
Ms. Harder said her employer only owned retail shopping centers and that she had
managed both the Cove and Strawberry Village Shopping Centers in the past.
7. Magdalena Yesil, resident of Mar East Street, said she had been impressed with the
Town's programs directed toward the revitalization of downtown and for keeping the
small town "feel" of Tiburon; said that office space in that location would not create the
same level of vitality; said she seconded the remarks about Peet's Coffee and the vibrancy
of the Cove Shopping Center. Ms. Yesil said she hoped the location could remain a retail
space, perhaps with light food service, and that the business would enhance the feel of
"entering" downtown.
8. Jim Wickett, Mar East Street, said the Planning Commission "got it right"; agreed that
the Fountain Plaza area was becoming increasingly important to the Town; said he
supported the efforts of the M &C Task Force, and if the landlord would work with
prospective tenants, it would work out.
Mayor Fredericks opened the hearing to the appellant's rebuttal.
Attorney Sorensen opined that we all like the things we can't have, such as a Peet's Coffee in
that location. He said that the code required six sinks that would not fit into the existing space,
and that it lacked plumbing in any event. He said that the rental history showed that retail did not
work in that space, either. He commented that Ms. Harder's employer was prohibited by Town
policy from renting out its empty space on Main Street to a real estate office, but that his client
was not. He said that Decker Bullock would work with the community to be a good tenant and
that an occupied space was clearly superior to a vacant building.
Mayor Fredericks closed the public hearing and Council began its deliberations.
Councilmember O'Donnell said that he would vote to deny the appeal, largely because of the
arguments put forth by the Marketing & Communications Task Force. He said that as he looked
back in time, there had been a number of significant vacancies in the downtown area, including
the "blighted area" which was now [happily] occupied by CV S. He said it was not a persuasive
argument to merely fill the space with a tenant.
He said that this type of business [real estate office] was not suitable for Fountain Plaza. He also
stated that the way real estate was sold had changed dramatically, with most people viewing
Town Council Minutes #01 -2014 January 15, 2014 Page 8
properties on -line rather than going to an actual office. He said that the physical offices were
primarily "bulletin boards" rather than functional space. He said he was certain there were other
locations in the Downtown that could be utilized by Decker Bullock Realty.
Additionally, with regard to compliance with the Town's General Plan, O'Donnell said that
Attorney Sorensen did not mention Goal LU -D, which addressed consistency of uses and was
adopted to ensure "that all land uses by type, amount, design, and arrangement, serve to preserve,
protect and enhance the small -town residential image of the community and the village -like
character of its Downtown commercial area."
In her remarks, Councilmember Tollini said that everyone shared the goal of wanting the space to
be leased but that it was equally important to find the "right fit" for the space. She said in her
mind, it was important to review the use permit language in Section 16 -52 of the Zoning
Ordinance to ensure that decisions were made to promote a pedestrian- friendly downtown as well
as a mix of commercial uses. She said that a real estate office on the ground floor was
incompatible with this code section. With respect to the General Plan, Tollini stated that the
intent of Downtown Element section 4.4 [Downtown Land Use] was to have a vital downtown
area and for this reason, as well, Tollini said a real estate office in this location was inappropriate
and not the best use.
Vice Mayor Doyle said he disagreed with the statement that an occupied space is better than an
unoccupied space. If it is the wrong business, he said that the "vision" set forth in the General
Plan goes out the window.
Doyle cited growing up in a small town in New Jersey where businesses began to move out of
downtown to the shopping malls and the downtown area became barren. But now, Doyle said
revitalization was taking place and it was because resident - serving businesses were moving back
into downtown.
Doyle said that when a person gets off the ferry in Tiburon, the corner building is the first
building they see, making it even more significant. He said our downtown is "different ",
comprised of roughly 25 buildings, and every single space deserves to have the best use. He said
it would be a disservice to the work of the marketing committee, as well as the former Town
Councils, to abandon that vision for a vital and pedestrian- friendly Downtown.
The Vice Mayor also said there were other available office spaces downtown that might be
considered by Decker Bullock Realty, such as the vacant space adjacent to CVS Pharmacy.
Mayor Fredericks said she too, would vote to deny the appeal and adopt the Planning
Commission's findings of fact as stated in the written staff report. She went on to say that the
Town's policies mirrored State policy that supports vital, sustainable communities that foster
walkable downtown areas. She doubted that the proposed use would support pedestrian activity.
Town Council Minutes #01 -2014 January 15, 2014 Page 9
But even more crucial, according to the Mayor, was that the Fountain Plaza was the flagship area
of downtown; she said it would be a step backward to allow the proposed use to go forward in
that location.
A motion (Tollini/O'Donnell) was made to direct staff to return with a resolution denying the
appeal for consideration at the next meeting. Vote in favor was unanimous (4-0).
TOWN MANAGER'S REPORT
None.
WEEKLY DIGESTS
• Town Council Weekly Digests —December 6 & December 19, 2013
• Town Council Weekly Digest — January 10, 2014
I: \o Lei 11- 1aoID1►YY
There being no further business before the Town Council of the Town of Tiburon, Mayor
Fredericks adjourned the meeting at 8:50 p.m.
ALICE FREDERICKS, MAYOR
ATTE
DIANE CRANE IA I, TOW1q CLERK
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