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HomeMy WebLinkAboutTC Min 2003-06-04 TOWN COUNCIL MINUTES CALL TO ORDER Mayor Slavitz called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, June 4, 2003, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Fredericks, Slavitz, Thompson ABSENT: COUNCILMEMBERS: Berger, Gram PRESENT: EX OFFICIO: Town Manager McIntyre, Town Attorney Danforth, Director of Community Development Anderson, Director of Public W orks/T own Engineer Echols, Chief of Police Odetto, Director of Administrative Services McVeigh, Police Lieutenant Hutton, Administrative & Financial Analyst Stott, Town Clerk Crane Iacopi CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATOR (Section 54957.6) Bargaining Unit: Management and Mid-Management/Non-Represented Employees Negotiator: T own Manager ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION. IF ANY Mayor Slavitz said that the Council met but that no action was taken in closed session. ORAL COMMUNICATIONS Two gentlemen addressed the Council about the world-wide practice of Falun Gong and said that they were raising awareness about the incarceration of a Menlo Park resident (and others) by the Chinese government for the practice of Falun Gong. Town Council Minutes # J 0 -2003 June 4, 2003 Page J CONSENT CALENDAR 1. Recommendation by Town Clerk - Resolutions Pertaining to November 4, 2003 Municipal Election a) A Resolution of the Town Council of the Town of Tiburon Ordering and Calling a Municipal Election in the Town of Tiburon on November 4,2003 for the Purpose of Electing Two Councilmembers b) A Resolution of the Town Council of The Town of Tiburon Requesting the Marin County Board of Supervisors to Consolidate the Election and Authorize the County Clerk to Render Services Regarding the Municipal Election to be Held on November 4, 2003 2. Recommendation by Town Manager - Resolution Commemorating Steve Sears and Brian Wilson on the 25th Anniversary as Owners and Operators of Sam's Anchor Cafe a) A Resolution of the Town Council of the Town of Tiburon Commending Steve Sears and Brian Wilson for their 25 Years of Business in the Tiburon Community as Owners of Sam's Anchor Cafe 3. Recommendation by Director of Public W orksffown Engineer - Approval of Plans & Specifications for the 2003 Drainage Improvement Program MOTION: Moved: Vote: To adopt Consent Calendar Items 1 through 3, above. Fredericks, seconded by Thompson AYES: Unanimous ABSENT: Berger, Gram REGULAR AGENDA 4. Recommendation by Director of Public Worksffown Engineer - Del Mar Valley Undergrounding of Utilities Assessment District a) A Resolution of the Town Council of the Town of Tiburon of Intention to Make Acquisitions and Improvements - Del Mar Valley Utility Undergrounding Assessment District Director of Public Works/Town Engineer Echols gave the report which stated that 116 property owners and had submitted petitions in support of the undergrounding district along with checks Town Council Minutes # 10-2003 June 4, 2003 Page 2 in the amount of$110,000. He said that according to Town policy, sufficient interest had been shown (over 60% of the affected parcels) and that sufficient funds had been collected to cover the "up front" costs of engineering studies and related costs in order to move forward with district formation. The Director of Public Works also said he had spoken with an interested resident from Hawthorne Terrace whose property was not contiguous to the proposed district but whose property fed off a power line in the district, who wanted to join the district. He brought this to the attention of Council in the event that the boundary map submitted by the proponents might be amended prior to adoption. Mr. Echols said that the district organizers, Henry Broderick and June Strunk, were in the audience along with the proposed engineers of record from Harris & Associates (Gary Lee and Mike Cooper). Council waived a formal presentation and Mayor Slavitz opened the public hearing. John Tripp, 104 Howard Drive, who stated that he was a proponent of under grounding, asked the Council to delay adoption of a resolution of intention until a new petition was circulated that did not have "erroneous" or misleading language pertaining to equal assessments. He said that the Town Council policy adopted on April 16, 2003 specifically stated that assessments would be based on the benefit received, which in other districts had been as high as 4:1. Mr. Tripp said that some people might not have signed the petition if the information had been stated accordingly. In response to a question from Council, Director of Public Works/Town Engineer Echols said that the engineers of record would survey each property in order to determine a formula on which to base the assessment. Mr. Tripp argued that the petition said that it would be equal. June Strunk, organizer, said that the language on the petition had been taken directly from the Lyford Cove Undergrounding District petition which had not seemed to cause any problems. Councilmember Thompson asked if anyone in the audience wanted to withdraw their petition or have their check returned to them at this time. No one came forward but a number of other people said they had questions and needed more information. Ron Kosiescu, 402 Hilary Drive, asked whether it was a requirement to have an equal assessment. Town Attorney Danforth said that it was not; that the engineers used their best judgment in determining a benefit spread. She did note, however, that the Council had to approve the Town Council Minutes # 10-2003 June 4, 2003 Page 3 engineer's report and that if the Council determined that it was somehow inaccurate, it could reject it or otherwise request further action. Ms. Danforth said that the benefit spread and assessment was not determined until after the engineers had completed their work. Gary Harker, 24 Noche Vista, said that six homes on Hacienda also wanted tot be included in the district. He said that the benefits of undergrounding were great and with high winds in their area, it was essential. Mr. Harker said that as a father of school-age children, he wanted to have access to high-speed internet lines. Gary Runes, 144 Porto Marino, said he was not in favor of apportionment but rather, an equal assessment. He said that anyone driving up A venida Miraflores would benefit by the elimination of the many utility poles on that street. Pat Doyle, 115 A venida Miraflores, asked how much the per parcel assessment might be. Director Echols said that the Stewart Drive project assessed $17,000 per parcel for the right-of- way work, plus an additional $1,000-$2,500 for individual hook-ups. He said that the average total cost was $20,000 per parcel. In addition, Mr. Echols said that up to 10% of the bond proceeds could be used by the district to fund the individual hook-ups. Town Attorney Danforth said that property owners could pay the assessments up front (at a discount) or over time. Councilmember Thompson said that the assessment ran with the land and was not a lien on the individual owner if the property was sold. Paula Kulp, 115 Geldert Drive, said that if only $110,000 was collected from 116 households, the percentage appeared to be less than the 60 % requirement (she calculated 58.8%). Director Echols said that as long as the total dollars collected in subscription deposits covered the cost of the "upfront work," it met the Town's requirements (in addition to the petitions). Tony Molford, 102 Howard Drive, said he agreed with Mr. Tripp. He said he was disappointed in the proponents for failing to state that the benefit would be apportioned. He asked Council to delay the vote in order for the proponents to recirculate the petition in case people had been misled. Yvonne Riedden, 85 Rowley Circle, said that she had attended the April 16 Town Council meeting and congratulated the Council for adopting a policy that spoke of apportioned benefits. She said that she hoped the engineers or record would take the different topographies and views into account in their study. Town Council Minutes # 10-2003 June 4,2003 Page 4 Joan McFetridge, Porto Marino, said she feared her assessment might go as high as $65,000 or $70,000. She also complained of unsightly metal plates in the street in the vicinity of Stewart Drive, which she said had come about as a result of that undergrounding project. Director of Public Works Echols said that the plates were installed as part of a street improvement proj ect unrelated to the undergrounding. Priscilla Tripp, 104 Howard Drive, submitted a letter from resident Ted Gazulis who could not be present. She read the last paragraph of the letter which urged the Council "to refrain from taking action, either favorable or unfavorable, on the proposed district until a factually correct petition has been recirculated. Doing otherwise would set a dangerous precedent, namely, that petitions submitted to property owners for consideration by the Town Council need not be factually accurate." Mayor Slavitz asked the Town Attorney to address the question of the wording of the petition. She said that the petition was required by the Town as a preliminary show of support and as the process evolved, some people might change their minds based on the amount of the assessment, once it was determined. She reiterated that the Town used the petition for its internal purposes only and that no particular language was mandated. Ms. Tripp also asked for clarification of the wording of Section 5 of the proposed resolution of intention. Town Attorney Danforth said that particular section pertained to the work performed on private property. If the property owner consents to the work, the cost would be assessed to said property owner for the lateral service connection. She also asked about the wording in Section 1 O(b) pertaining to "zones." The Town Engineer said that the zones referred to areas that would be assessed differently if they feed onto a different grid or one outside the district, as in the case of the homes on Hawthorne Terrace. Ms. Tripp said that both State law and the Town's adopted policy contained language pointing to assessment relating to benefit. Jean Lin, 30 Geldert Drive, asked some questions about the petition and the assessment process. Mayor Slavitz that she would have an opportunity to vote via a mail ballot either for or against the district, and that a majority vote was required in order to form the district. Valerie Bergmann, President of the Del Mar Homeowner's Association, asked how the school district property would be assessed. She also told that Council that she hoped they would be prudent so as not to leave "a neighborhood divided." Mike Cooper of Harris & Associates answered the first of Ms. Bergmann's questions. He said that since the passage of Proposition 218, public parcels could not be ignored and that the engineers would indeed evaluate the parcel to determine the benefit and apportionment. He said Town Council Minutes # 10-2003 June 4, 2003 Page 5 that everyone was sensitive to the schools' budgetary concerns but stated that he was required to make a determination by law and would work closely with bond counsel on this issue. Mr. Cooper also said that the parcel where the convalescent hospital was located on Hacienda Drive would be similarly evaluated. He said that the work of the engineers of record was to fairly determine the assessment in proportion to the benefit received, for all properties in the district. Victor Zsuffka, 158 Stewart Drive, advised against recirculating the petition and said that 62% had supported an equal assessment. He said that there was so much more to undergrounding than view enhancement, such as safety and reliability of services which accounted for at least 80% of the equation. He wished the proponents well. In response to a question from Mayor Slavitz, Town Attorney Danforth said that if the Council was uncomfortable with the issue of the petition language, it could take steps to create certainty, such as continuing the item and sending a letter to the residents clarifying that the amounts assessed might not be equal. Ray Benvenuti, 408 Hilary Drive, said the apportionment argument could work both for or against the advocates. Gary Runes, 144 Porto Marino, said a letter had already been circulated to residents that explained the issue. After reading a copy of the letter submitted as late mail, Town Attorney Danforth concurred. Vice Mayor Fredericks asked Ms. Strunk if the Del Mar homeowners had had other opportunities to ask questions and discuss these issues. Ms. Strunk said that a special meeting of the Del Mar homeowners had been conducted at Town Hall. She said that over 100 homeowners attended and the engineers of record had been present to answer questions. Strunk also said that there had been a story in the Ark, and that a letter had been circulated by the Tripps [and others] referenced above. Mike Cooper said that he and engineer Joan Cox had made clear at the Town Hall homeowners' meeting the methodology they used to determine assessments. He said that the methods varied and the assessments were never the same because each district was different. Karen Jones, 75 Hacienda Drive, said that the residents on her street were all aware of the assessment and benefit apportionment issue. Mayor Slavitz closed the public hearing. Town Council Minutes # 10 -2003 June 4,2003 Page 6 Councilmember Thompson said that he was pleased that everyone had expressed support for undergrounding and the betterment of the community, even if they disagreed about some of the issues. He acknowledged that the process was complicated but said he was confident that "we will work through it together." Thompson said he would support formation of the district. Vice Mayor Fredericks said that given the opportunities presented to the Del Mar Valley property owners to ask questions and gather information, it was unlikely that there was a "silent majority" in opposition to the district. She also noted that this was not the meeting wherein assessments were decided or voted upon. The Vice Mayor said that in most cases she had heard about, people were happy with the results and that the districts usually worked. She too expressed her support of formation of the Del Mar district. Mayor Slavitz concurred. He said that the goal of the Town was to underground utility poles and that formation of this district would benefit the Town, the neighborhood, and the community as a whole. He said that the opponents could continue to ask questions of the district engineers and attempt to dissuade others, if desired, to vote against formation of the district. MOTION: Moved: Vote: To adopt the Del Mar Valley Undergrounding District Resolution of Intention. Thompson, seconded by Fredericks AYES: Unanimous ABSENT: Berger, Gram 5. Presentation by Town Manager - Proposed Municipal Budget Plan for Fiscal Year 2003-04 Town Manager McIntyre introduced the item which was followed by a power point presentation by Financial Analyst Brian Stott along with detailed information from four Department Heads- Heidi McVeigh (Administrative Services); Scott Anderson (Community Development); Matt Odetto (Police); and Pat Echols (Public Works). The Town Manager said that Council was being presented with a balanced budget. In his presentation, Mr. Stott pointed out that certain State fund revenue sources shown in previous year's budgets, such as the Vehicle License Fee, ERAF, SB 90 reimbursement and POST, were eliminated from the current year budget; nevertheless, Stott said that Staff estimated an operating budget surplus of $280,000. Town Manager McIntyre said that a final version of the budget would be presented for adoption at the next meeting. Town Council Minutes # J 0 -2003 June 4, 2003 Page 7 PUBLIC HEARING 6. Recommendation by Town Manager - Approval of Mill Valley Refuse Service Rate Adjustment In his report, Town Manager McIntyre said that Mill Valley Refuse Service (MVRS) was entitled to an automatic annual rate increase tied to the CPI per its franchise agreement with the Town. McIntyre said that the current MVRS application for a rate increase in the amount of 8.09% beginning July 1, 2003 and 8.09% on July 1, 2004, far exceeded the CPI. He said that this was based upon the company's planned introduction of certain operational and accounting efficiencies, such as a modernized fleet, changes to its collection and disposal practices of recyclables and refuse, and improved accounting practices. Mr. McIntyre also said that Richard Gertman of Environmental Planning Consultants had been retained by the affected agencies and that his analysis of the rate application had found it to be in order. Based on the above information and given the significant nature of the rate request, McIntyre recommended that the Council approve the initial 8.09% increase and defer approval of the second year's increase and tie it to actual measured and proven improvements in efficiency and customer service. The Town Manager recommended that the Council ask for another presentation from MVRS in March 2004 and said that MVRS had agreed to retain Mr. Gertman to do another analysis at its own cost at that time. Mr. Kevan Mullins, MVRS Controller, said that the company had wanted a 16% increase in the first year to cover a 13% increase in operating expenses, a 7% increase in insurance premiums, 3% increase in new equipment costs, and 1.5% union contract expenses, but that they were only asking for half. Mayor Slavitz asked whether it was appropriate for the public to pay for accounting deficiencies. Mr. Mullins replied that the company disputed some of the outside auditor's statements but said that the company was introducing a new accounting system which would aid it in its billing and collections. Other efficiencies would be created through the use of trucks with larger bins and compacting capabilities; the introduction of single stream recycling and possible bi-weekly pick- ups, according to Mullins. He said that single stream recycling would reduce costs by 40/0, or an estimated $40,000 per year. Vice Mayor Fredericks expressed concern about the "crunching noise" a truck's compactor would make. Mr. Mullins said that the trucks currently in use by the company did not "crunch" but that they had the same number of moving parts as the new ones. Town Council Minutes # 10-2003 June 4, 2003 Page 8 The Mayor expressed his concerns to Mr. Mullins concerning the size of the proposed "blue cans" for recycling and asked that the company make good on its promise to allow customers to receive smaller versions of those cans that had been discussed in an April 2003 Council meeting, rather than "rolling out" 68-gallon cans to all customers. Mr. Mullins said that that plan was to initially deliver the larger cans to all customers, but he said that the company would send out a mailer to all customers concerning this subject. He said that the new cans would be distributed in July or August of 2003. Vice Mayor Fredericks asked if the rate increase was based, in part, on the continuation of weekly recycling. She asked if there was a possibility of a rebate or renegotiating the rate next year on the basis of changes to this system. She warned, however, that every other week pick ups would lead to blue cans being left on the sidewalk for lengthy periods of time, and suggested the use of just one can to be used alternatively for yard waste and recyclables on a bi-weekly basis. Mr. Mullins said that the color designations were industry standard (blue cans for recycling and green cans for yard waste) and should be adhered to. Town Manager McIntyre reiterated the importance of informing and educating the community about these proposed changes. Mayor Slavitz asked about the "evergreen clause" in the franchise agreement which allowed for a 10-year notice period for cancellation of the contract. He said that he meant no offense to the refuse service but suggested that, as stewards of public funds, the Council should be in a position to renegotiate the contract, ifnecessary. He asked Staff to return to Council with information about how the Council could set the 10-year clock in motion. During public comment, Helen Lindqvist, Cazadero Lane, said that while she was an avid recycler she would not use even use a smaller, 34-gallon can every other week. She said that many people in old Tiburon did not have a place to store a new, large blue can. Wally Quinn, another resident of Lyford's Cove/Old Tiburon resident, said that the Town needed an ordinance to require that green cans be put away, or to take them away from people if they did not. He said that the Town should put it to a public vote to see if people really wanted the blue cans. In response to a question from Council, Town Manager McIntyre said that other cities did have ordinances regulating trash receptacles on the street, but noted that those cities also had code enforcement officers which Tiburon did not. Town Council Minutes # 10-2003 June 4, 2003 Page 9 Sue Quinn said that the rates for refuse collection in San Francisco had gone down and questioned why the Marin rates were going up. Councilmember Thompson said that while no one liked a rate increase, the independent auditor had said it was warranted which made it difficult to contest. He said that he thought the uniformity of can colors was good and that the choice as to whether or not to receive one of the new cans was also good. He said that the large cans (both green and blue) were hard to move around, especially up for elderly people and those residents with steep driveways. Vice Mayor Fredericks concurred. She recommended that Council's review of the contract in the coming year should be explicitly based on specific factors and contingencies. She also agreed with the Mayor's recommendation to "close" the 10-year window on the contract. With direction to Staff to return with additional information, Council agreed to the first-year rate increase, as recommended by the Town Manager. 7. Recommendation by Director of Community Development - Town-initiated Text Amendments to the Tiburon Zoning Ordinance - Modifications to Secondary Dwelling Unit Permit Process as set forth in Section 16-4.5 of the Tiburon Municipal Code (Section 4.05 of the Tiburon Zoning Ordinance), and related consistency amendments; the Addition of Regulations Requiring Site Plan and Architectural Review for Driveways and Open Parking Spaces Introduction and 1st Reading of Ordinances/Read by Titles Only a) An Ordinance of the Town Council of the Town of Tiburon Amending Chapter 16 (Zoning) of the Tiburon Municipal Code With Respect to Secondary Dwelling Unit Regulations, Including Associated Amendments to Definitions b) An Ordinance of the Town Council of the Town of Tiburon Amending Chapter 16 (Zoning) of the Tiburon Municipal Code Requiring Design Review for Driveways and Open Parking Spaces Director of Community Development gave the report on the proposed ordinances. He stated that the Planning Commission was continuing to fine tune the regulations pertaining to secondary dwellings in (a) above and would have a version ready for final adoption at the July 2,2003 Town Council meeting. Director Anderson said that the Commission had looked at data from other communities on the issue of regulating parking in front yards (b) and had decided that the best way to address the issue in Tiburon, due to the diversity of lot size, topography and other factors, was Town Council Minutes # 10-2003 June 4,2003 Page 10 through the mechanism of design review. Anderson said that the proposed process of review would be at the Staff level with the option of "bumping up" to the Board. During public comment, Barry Kahn said that he did not think that the proposed ordinance went far enough in addressing the issue of front yard parking, nor was he certain it addressed actually would regulate it at all. Director Anderson said that it did. Mr. Kahn said that the Council should ban parking in front yards outright rather than skirting the issue. Mayor Slavitz closed the public hearing. MOTION: Moved: Vote: To read ordinance (a) by title only. Thompson, seconded by Fredericks AYES: Unanimous Mayor Slavitz read, "An Ordinance of the Town Council of the Town of Tiburon amending Chapter 16 (Zoning) of the Tiburon Municipal Code with respect to secondary dwelling unit regulations, including amendments to definitions." MOTION: Moved: Vote: MOTION: Moved: Vote: To pass first reading of (a) above. Fredericks, seconded by Thompson AYES: Unanimous To read ordinance (b) by title only. Thompson, seconded by Fredericks AYES: Unanimous ABSENT: Berger, Gram Mayor Slavitz read, "An Ordinance of the Town Council of the Town of Tiburon amending Chapter 16 (Zoning) of the Tiburon Municipal Code requiring design review for driveways and open parking spaces." MOTION: Moved: Vote: To pass first reading of above ordinance. Fredericks, seconded by Thompson AYES: Fredericks, Slavitz, Thompson ABSENT: Berger, Gram 8. Recommendation by Director of Community Development - Town-initiated Text Amendments to the Tiburon Zoning Ordinance - Modified Regulations Regarding Detached Two-Family Dwellings in the R-2 Zone; New and Modified Definitions; Establishment of New Regulations Regarding Parking Areas and Parking Lots 2nd Reading and Adoption of Ordinance Town Council Minutes # 10-2003 June 4,2003 Page 11 Read by Title Only a) An Ordinance of the Town Council of the Town of Tiburon Amending Chapter 16 (Zoning) of the Tiburon Municipal Code Director of Community Development Anderson gave a brief presentation, reiterating the action taken by Council at its last meeting. Mayor Slavitz opened and closed the public hearing. There was no public comment. MOTION: Moved: Vote: To read Ordinance by title only Fredericks, seconded by Thompson AYES: Unanimous ABSENT: Berger, Gram Mayor Slavitz read, "An Ordinance of the Town Council of the Town of Tiburon amending Chapter 16 (Zoning) of the Tiburon Municipal Code." MOTION: Moved: Vote: To adopt above Ordinance. Thompson, seconded by Fredericks A YES: Fredericks, Slavitz, And Thompson ABSENT: Berger, Gram COUNCIL COMMITTEE AND COMMISSION REPORTS Vice Mayor Fredericks said that Southern Marin (and Tiburon) were the first to appoint representatives to the CMA CAC. WRITTEN COMMUNICATIONS Town Council Weekly Digest - May 23,2003 Town Manager McIntyre noted the letter from Library Agency boardmember Allan Bortel seeking reappointment. Town Council Weekly Digest - May 30, 2003 Town Manager McIntyre noted the letter from Director of Community Development in response to MERA's "degree of risk" forms. Town Council Minutes # 10 -2003 June 4,2003 Page 12 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Slavitz adjourned the meeting at 10:32 p.m., sine die. ATT~, DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes # 10 -2003 June 4,2003 Page 13