HomeMy WebLinkAboutTC Min 1991-02-20
TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Logan called the closed session of the Town Council of the Town of Tiburon
to order at 6:30 p.m., Wednesday, February 20, 1991, in Room 5, Del Mar School,
Tiburon, California.
CALL TO ORDER
Mayor Logan called the regular meeting of the Town Council of the Town of
Tiburon to order at 7:13 p.m., Wednesday, February 20, 1991, in Room 5, Del Mar
School, Tiburon, California.
A. ROLL CALL
PRESENT: COUNCILMEMBERS: Friedman, Coxhead, Thayer, Kuhn, Logan
ABSENT: COUNCILMEMBERS: None
EX OFFICIO:
Town Manager Kleinert, Town Attorney
Ewing, To\vn Engineer Bala, Supt. of
Public Works Iacopi, Planning Director
Lohman, Finance Director Stranzl, Police
Chief Herley, Town Clerk Hennessy,
Minute Clerk Kearney.
B. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES
Mayor Logan recommended Bryon Chapman be appointed as Tiburon's
representative to the Marin County Agency on Aging.
Motion:
To approve the appointment of Bryon Chapman to the Marin County
Agency on Aging.
Logan, Seconded by Kuhn
AYES: Unanimous
Moved:
Vote:
C. MARIN COUN'IY RISK MANAGEMENT SAFElY AWARDS
Darrell Heppner, on behalf of the Board of Directors of the Marin County Risk
Management Authority, presented two gold awards to the Town, one for the Police
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Department and one for the other Town employees, for maintaining a low loss ratio
over a three year period.
D. PUBLIC OUESTIONS AND COMMENTS
None
E. COUNCIL, COMMISSION OR COMMITTEE REPORTS
Nancy Noble and Becky Clelland, representing the Old St. Hilary's Open Space
Acquisition Committee, submitted a letter outlining the Committee's request that the
Town develop an Open Space Plan for the 287 acres of undeveloped land
surrounding the Old St. Hilary's Church before development applications are
received from the property owners. Further, they stated funds for acquiring this land
can be obtained through a combination of public funds, private fund raising and
proceeds from limited development. The County will be the lead agency in
negotiating and discussing with developers statutes for development of those lands
outside the Town's limits; and the Committee will work with the community to raise
support. They requested the Town Council approve the concept of a comprehensive
open space plan which will provide a focus on desirable open space areas in a
concentrated verses fragmented process; will provide guidance from the Town to the
developers on location and design of their projects that will conserve the natural and
endangered resources; will uphold the Town's policies and development goals as
stated in the Town's general plan; and will identify the Town's priorities and possible
areas for trade-off.
Councilmember Friedman indicated his support for the open space plan concept, but
noted the possible problems associated with defining secondary ridgelines, possible
takings and spot zoning. Therefore, legal consultants will be necessary to address
those issues.
Councilmembers Kuhn, Coxhead and Thayer indicated their support of the concept
and that this matter should be given top priority.
Mayor Logan directed the Planning Director and Town Attorney to meet with the
Old St. Hilary's Open Space Acquisition Committee Co-Chairs to devise a plan for
preserving the open space in this area and address time frames, legal issues, the need
for outside consultants, and clarification of the General Plan's ridge line policy. Staff
is to report back at the next regular meeting of March 6, 1991.
F. CONSENT CALENDAR
Motion:
To approve the Consent Calendar consisting of the following items:
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1. APPROVAL OF MINUTES #901, February 6, 1991
3. DENY EXTENSION OF RING MOUNTAIN
DEVELOPMENT AGREEMENT - Resolution
4. DENY APPEAL OF BAR APPROVAL OF TPC TENNIS
COURT LIGHTS - Resolution
5. THE HILARITA (Approve Funding Assistance for Consultant's
Study Regarding Preservation of The Hilarita Affordable
Housing Units)
Moved:
Vote:
Kuhn, Seconded by Coxhead
AYES: Coxhead, Thayer, Kuhn, Logan
ABSTAINED: Friedman
2. INVESTMENT SUMMARY REPORT (January)
6. PLANNING/BUILDING FEES SCHEDULE AMENDMENTS
- Resolution
Vote: AYES: Unanimous
G. PUBLIC HEARINGS
7. VISTA TlBURON DEVELOPMENT - TALDAN PROPERTY
a. Mitigation Monitoring Plan
The Planning Director noted that the Planning Commission reviewed the Mitigation
Monitoring Plan and has recommended several changes as reflected in the errata
sheet prepared by Kelley Tabor of Remy and Thomas.
Vice-Mayor Thayer questioned the monitoring and maintenance responsibilities of
the eucalyptus grove located within the project; and the Planning Director stated the
maintenance would be the responsibility of the Homeowners Association and
included in their CC&Rs which would provide a maintenance program and annual
report to the Town Planning Department.
Victor Gonzalez, representing Taldan Investment Company, indicated Taldan's
satisfaction with the proposed changes to the Mitigation Monitoring Plan.
Mayor Logan opened the public hearing.
John Harrington, 15 Paseo Mirasol, stated the Tiburon Hills Homeowners
Association essentially supports the proposed Mitigation Monitoring Plan, but
requests assurance that public input will be allowed during the CC&Rs formation.
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Karen Nygren, 22 Paseo Mirasol, stated the Planning Commission had adequately
responded to her concerns outlined in her letter of February 10, 1991.
Hearing no further public comment, Mayor Logan closed the public hearing.
Councilmember Friedman indicated his support of the Planning Commission
recommended changes, but requested "stop work orders" be included in the
Enforcement revision on page 2; and Mayor Logan requested additional wording
revisions. Therefore, the wording under Enforcement was revised to read:
"However, the Town may use its existing police power authority to impose
administrative and judicial sanctions on the applicant and/or Homeowners'
Association for non-compliance, including, but not limited to stop work orders, fines,
cease and desist orders...."
Councilmembers Coxhead, Thayer and Kuhn indicated their support for the proposed
revisions.
Motion:
Moved:
Vote:
To adopt the Mitigation Monitoring Plan as modified by the Planning
Commission and amended by the Town Council.
Logan, Seconded by Thayer
AYES: Unanimous
b. Vista Tiburon Precise Development Plan. Ordinance. 2nd Reading
Mayor Logan opened the public hearing, and upon hearing no public comment,
closed the public hearing.
Motion:
Moved:
Vote:
Motion:
Moved:
Vote:
To read the Ordinance by title only.
Friedman, Seconded by Thayer
AYES: Unanimous
To pass second reading of AN ORDINANCE OF THE TOWN
COUNCIL OF THE TOWN OF TlBURON APPROVING A
PRECISE DEVELOPMENT PLAN FOR THE VISTA TlBURON
PROJECf.
Coxhead, Seconded by Kuhn
AYES: Friedman, Coxhead, Thayer, Kuhn, Logan
NOES: None
c. Vista Tiburon Development Agreement. Ordinance 2nd Reading
Mayor Logan opened the public hearing, and upon hearing no public comment,
closed the public hearing.
TOWN COUNCIL MINUTES #902 2/20/91
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Motion:
Moved:
Vote:
Motion:
Moved:
Vote:
To read the Ordinance by title only.
Friedman, Seconded by Kuhn
AYES: Unanimous
To pass second reading of AN ORDINANCE OF THE TOWN
COUNCIL OF THE TOWN OF TlBURON APPROVING A
DEVELOPMENT AGREEMENT FOR THE VISTA TlBURON
DEVELOPMENT.
Coxhead, Seconded by Kuhn
AYES: Friedman, Coxhead, Thayer, Kuhn, Logan
NOES: None
8.
HOUSING ELEMENT REVISION (Adopt New Housing Element)
The Planning Director stated there is a continuing issue with HCD (Dept. of Housing
and Community Development) regarding the Town using information concerning
housing needs, resources and characteristics from the Town Planning Area instead
of Town limits, as provided by ABAG and as the basis for the Town's General Plan.
Also, he stated the Town needs to resolve the issue of providing low and moderate
income housing needs.
Vice-Mayor Thayer questioned the Planning Commission's decision to reject the
Housing Committee's recommendation for 12 affordable housing units on the
Highlands site instead of 6; and the Planning Director responded that 6 units were
designated in the Highlands Development Agreement and there was concern
regarding overloading the site with housing.
Councilmember Friedman suggested the dates of contact with HCD or other agencies
be documented in the report.
Terry Watt, the Town-hired planning consultant, noted several difficulties in updating
the housing element at this time, including the fact that the census data has not yet
been formalized and some of the data was obsolete by the time it was reviewed by
the Planning Commission because of various delays including the passage of the
Zoning Ordinance. She reviewed HCD's comments regarding the Town's proposed
Housing Element and her subsequent responses. Further, she outlined the difficulties
in fulfilling the Town's needs assessment of 385 affordable housing units as
established by ABAG and stated that joint efforts with the County might assist in
meeting the affordable housing needs.
Council discussed the need for further Planning Commission review since they had
not reviewed the matter since October nor the subsequent staff responses and
recommendations to HCD's comments.
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Councilmember Kuhn requested the Planning Commission consider 1) the past lack
of commitment to implementation of the policies of the General Plan~ 2) the Town's
available land that could be used for affordable housing units; and 3) the policy of
allowing developers to either contribute in lieu fees or integrate affordable units into
the development. He would support a policy of not allowing in lieu fees except in
unusual circumstances.
Mayor Logan opened the public hearing.
Bryon Chapman, of the EAH, requested the Housing Committee be given more
authority by giving it commission status.
Randy Greenberg, Planning Commissioner, stated the Commission has recommended
discouragement of the acceptance of in lieu fees and would rather see units built
unless the developer can show it is infeasible to construct the units on the property.
Additionally, they recommended the restructuring in lieu fee requirements to provide
for units that are not being built. Further, when there are settlement agreements
resulting from litigation, that in lieu fees not be waived as part of the settlement
agreements.
Councilmember Kuhn requested stronger wording than using "discouraging".
Erwin Farley suggested adding the wording on page 22: "...persist in the development
of low income senior housing and that parking requirements should be reduced to
assist maximum use of sites recognizing that many older households either have only
one vehicle or none at alL.." He further suggested adding language that the Hilarita
subsidies run out and may be canceled in 1995 if paid off.
He suggested not limiting the units in the Highlands development at this time, but
wait for design review. He further suggested obtaining credit for affordable housing
units requirements with the Hilarita preservation and development in County areas.
Fran Mayberry, former Council member, affirmed Councilmember Kuhn's comments
and expressed the need for more specific language emphasizing the need for
inclusionary housing in preference to in lieu fees and the need for implementation.
Helen Benedict, Housing Committee member, requested the Committee be given
commission status.
Terry Hennessy, Housing Committee member, also requested the Committee be
given commission status because the Housing Element delegates substantial
responsibility to the Housing Committee. The Committee also requests that two
parking spaces for second units be waived for senior citizens rather than requiring
variance application. The Committee recommends including in lieu fees because of
certain possible discriminating situations where units would not be desired. She
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further recommended not limiting the Highlands affordable units to six at this time
until further review.
Hearing no further public comment, Mayor Logan closed the public hearing.
Councilmember Coxhead expressed his hope that these issues could be resolved by
the Planning Commission in one meeting. Further, he stated his opinion that the
Planning Commission could adequately review and implement the Housing Element;
therefore, there would be no need for establishing an additional commission.
However, he suggested possibly appointing a member of the Housing Committee to
serve on the Planning Commission. Also, he recommended the Town Attorney
review the Highlands Development Agreement to see if development is limited to
six affordable or senior units on that property.
Mayor Logan recommended the issue of giving the Housing Committee commission
status be considered after Planning Commission review of the Housing Element.
Council directed this matter be referred back to Planning Commission
for further review.
9. PRECISE PLAN AMENDMENT (A.P. #038-011-26,2 Cibrian Drive,
Create Secondary Building Envelope - Resolution)
The Planning Director reviewed the staff report and stated the Planning Commission
has recommended the secondary building envelope be allowed.
Mayor Logan opened the public hearing.
Richard Wood, 499 Paradise Drive, requested one amendment to the proposed
resolution under Section 2-2, line 3, to state "...beyond the top of the existing slope
more than 4 feet... "
Hearing no further public comment, Mayor Logan closed the public hearing.
Motion:
To pass A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TlBURON AMENDING THE CIBRIAN PRECISE
PLAN TO CREATE A SECONDARY BUILDING ENVELOPE
FOR LOT 1 (2 CIBRIAN DRIVE), as amended.
Friedman, Seconded by Coxhead
AYES: Unanimous
Moved:
Vote:
10.
PERS AMENDMENT (Adopt Service Credit for Employees' Unused
Sick Leave Upon Retirement from Town - Ordinance, 2nd Reading)
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The Finance Director recommended Council pass second reading of the Ordinance
which would provide credit to Town employees for unused sick leave upon retirement
from the Town.
Mayor Logan opened the public hearing; and upon hearing no public comment,
closed the public hearing.
Motion:
Moved:
Vote:
Motion:
Moved:
Vote:
To read the Ordinance by title only.
Kuhn, Seconded by Thayer
AYES: Unanimous
To pass second reading of AN ORDINANCE OF THE TOWN
COUNCIL OF THE TOWN OF TlBURON AUTHORIZING AN
AMENDMENT TO THE CONTRACf BETWEEN THE TOWN
COUNCIL OF THE TOWN OF TlBURON AND THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEE'S RETIREMENT SYSTEM.
Kuhn, Seconded by Thayer
AYES: Friedman, Coxhead, Thayer, Kuhn, Logan
NOES: None
G. UNFINISHED BUSINESS
11. DOOR-TO-DOOR SOLICITATION ORDINANCE (Ordinance, 1st
Reading)
The Town Attorney recommended Council pass first reading of this ordinance which
would require solicitors to obtain a permit from the Police Department and make it
unlawful for soliciting at any residence where a "no soliciting" sign is posted. He
requested Council discuss the issue of including a provision limiting the cutoff time
for soliciting to 9:00 p.m.
Mayor Logan opened the public hearing; and upon receiving no public comment,
closed the public hearing.
Councilmembers Kuhn and Thayer indicated support for the Ordinance and
requested the 9:00 p.m. cutoff time be included.
Councilmembers Coxhead and Friedman and Mayor Logan indicated support for the
Ordinance, but requested the time limit be omitted because of possible constitutional
violations and the possibility of encouraging soliciting to a later hour than is currently
occurring.
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Chief Herley stated the Police Department currently requires solicitors to obtain
permits, but expressed concern that a time restriction would be difficult to enforce.
Motion:
Moved:
Vote:
Motion:
Moved:
Vote:
To read the Ordinance by title only.
Friedman, Seconded by Kuhn
AYES: Unanimous
To pass first reading of AN ORDINANCE OF THE TOWN
COUNCIL OF THE TOWN OF TlBURON AMENDING SECTION
25-4 OF THE TlBURON MUNICIPAL CODE REGULATING
DOOR TO DOOR SOLICITORS.
Coxhead, Seconded by Kuhn
AYES: Friedman, Coxhead, Thayer, Kuhn, Logan
NOES: None
12.
TOWN'S LONG-RANGE OPERATING AND CAPITAL
IMPROVEMENT NEEDS (Review of Town's Future Financing Needs
& Possible Funding Options)
The Town Manager and Finance Director outlined the staff report and reported that
the Finance Committee met to discuss funding options for long range capital
improvement and general operating needs. They have based their seven-year
projections on several assumptions, including the prediction of a decline in building
activities resulting in possible staff reductions, and the recent census population
reductions. They requested Council evaluate the funding options, indicate their
preferences, and direct staff to provide more detailed information on the preferred
options for the March 6, 1991, meeting.
Councilmember Coxhead requested a report on the specific utility user tax
experience from the cities of Fairfax, Los Altos, Piedmont, Portola Valley, Santa
Rosa, and Santa Barbara.
John Harrington, Finance Committee member, stated it is important to develop a
comprehensive financial program, including a capital improvement plan, that receives
citizens support.
After lengthy discussion, Council requested staff provide the following: 1) more
detailed information regarding utility user's tax, parcel tax and general obligation
bonds as possible funding sources; 2) an updated list of other cities currently leVYing
a utility user tax; and 3) a list of capital improvement needs with estimated costs.
Staff is to report back on March 6, 1991.
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H. NEW BUSINESS
None.
I. COMMUNICATIONS
13. Ltr. from John Kern to Town Manager, dt'd 2/4/91
The Town Manager requested Council's support for Staffs decision to instruct Mr.
Kern to disconnect and remove the pipe directing water from the spring located on
Town open space to his property. Council indicated their support for Staffs decision.
.I. STAFF AND TOWN MANAGER REPORTS
(A) The Town Manager noted that the Planning Commission has requested
guidance on redrafting the Tree Ordinance, particularly relating to the enforcement
issue. Mayor Logan stated that the Planning Commission is to first make their
recommendations regarding this issue to the Council. The Town Attorney indicated
he would attend the Planning Commission meeting and offer legal direction to the
Commission.
(B) The Town Manager reminded Council of the MCCMC meeting
scheduled for Wednesday, February 27, 1991.
(C) Vice- Mayor Thayer reported on a meeting of the 101 Corridor
Committee in Petaluma last week and stated that the Committee would be meeting
on a bi-county basis over the next 10 months regarding a plan to impose a sales tax
to acquire the highway right-of-way up to the town of Willits. The planning efforts
will cost the County Planning Department approximately $210,000 over the next ten
months and Tiburon's share of the costs would be $3,570. Therefore, Council is
requested to approve this expenditure and contact the Committee prior to March 13,
1991, regarding their decision. Council indicated their support for this effort and
approved the expenditure of $3,570.
(D) Vice- Mayor Thayer reported on the MMWD report regarding allowing
new water hookups for developers provided they pay into a fund for the conversion
of potable water to reclaimed water and allowing the developers to use two-thirds
of the savings for hookups. He stated his opinion that any savings received through
reclaimed water should go to pursuing reclamation and preserving supplies for
current hookups and not to developers.
Because Council just received a copy of the report and the matter is to be
addressed by the District in one week, Mayor Logan suggested this matter be
formally placed on this evening's agenda as an emergency measure for consideration.
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Motion:
To place the MMWD report on tonight's agenda as an emergency
measure.
Friedman, Seconded by Thayer
AYES: Unanimous
Moved:
Vote:
Mayor Logan directed staff to prepare a letter for his signature indicating the Town's
strong opposition to the MMWD proposed policy.
( G) The Planning Director reported on a meeting of the County
subcommittee of the Congestion Management Plan and stated that the Council will
be invited to attend a future workshop to discuss the preparation of an EIR and the
Town's pro-rata contribution.
K. AD.IOURNMENT
There being no further business before the Town Council of the Town of Tiburon,
Mayor Logan adjourned the meeting at 10:20 p.m., sine die.
PEDE~~~ MAYOR
ATTEST:
~~
THERESE M. ENNESS TOWN CLERK
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