HomeMy WebLinkAboutTC Min 1991-11-05
TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Thayer called the regular meeting of the Town Council of the Town of
Tiburon to order at 7:35 p.m., Tuesday, November 5, 1991, in Room 5, Del Mar
School, Tiburon, California.
A. ROLL CALL
PRESENT: COUNCILMEMBERS:
Friedman, Coxhead, Kuhn, Logan, Thayer
ABSENT: COUNCILMEMBERS:
None.
EX OFFICIO:
Town Manager Kleinert, Town Attorney
Ewing, Town Engineer Bala, Supt. of
Public Works Iacopi, Planning Director
Lohman, Finance Director Stranzl, Police
Captain Lewis, Minute Clerk Kearney.
B. PUBLIC OUESTIONS AND COMMENTS
Jim Wilson, Architect Selection Committee, responded to questions and concerns
expressed by the public in articles in the Independent Journal and The ARK
regarding the program and cost estimates for the New Town Center. He stated that
to date, the program is entirely preliminary and in draft form; the Town Manager's
restroom was included in the plans in error and will be removed; the public
comments received at the October 29th hearing on this subject will be considered in
finalizing any plans; the program will not proceed until the Council has resolved the
financing issues; the reason for the large increase in costs from earlier estimates is
that the interior furnishings had not been previously included in the cost estimates;
budget cuts can be made for furnishings if necessary; the costs for financing and for
consultants have not yet been determined.
Hal Edelstein, Architect Selection Committee, submitted a brief summary on how the
1988 cost estimates were obtained and how they compare to the current preliminary
program cost estimates. He stated the 1988 cost estimates were not based on a
design, but on estimated square footage; comparable projects have been researched
in determining the current cost estimates; in 1988, various other sites were being
considered which would have significantly altered site preparation costs; a number
of areas have been either enlarged or added to the preliminary plans since 1988,
including a Town Attorney and secretary, the Emergency Operation Center and
dispatch, the enlargement of the community room, and enlargement of the lobby to
accommodate spillover from the Council Chambers; the architectural contract would
contemplate two budget stages, one at the schematic design stage and one at the
design development stage, both of which are before the working drawing stage and
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would allow the Council time to adjust the monetary limitations; and these cost
estimates should be done by the architect in conjunction with a professional cost
estimator.
Vice-Mayor Kuhn requested this information and the minutes regarding this subject
be submitted to The Ark.
C. SPECIAL RECOGNITION
1991 CHAMBER OF COMMERCE CITIZEN OF THE YEAR - DON
BATTEN - Resolution
The Town Council commended Mr. Batten for his many contributions to the Town
throughout the years.
Motion:
To adopt A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON IN APPRECIATION TO DON BATTEN, 1991
CHAMBER OF COMMERCE CITIZEN OF THE YEAR.
Logan, Seconded by Kuhn
AYES: Unanimous
Moved:
Vote:
D. CONSENT CALENDAR
Councilmember Coxhead requested Item #3 be removed from the Consent Calendar
for further discussion.
Motion:
To approve the Consent Calendar consisting of the following items:
1. APPROVAL OF MINUTES #926, October 15, 1991
2. OLD TIBURON UNDERGROUNDING OF UTILITIES
DISTRICT (Abandoning Old Tiburon Undergrounding
Assessment District - Resolution)
4. TRAFFIC SAFETY COMMITTEE REPORT &
RECOMMENDATIONS -(October 1991)
5. DESIGN REVIEW FEE SCHEDULE (Modify Fees for Minor
Design Review Applications - Resolution)
Moved:
Vote:
Kuhn, Seconded by Friedman
AYES: Unanimous
It was noted that Minutes #927 from the October 29th meeting were mistakenly
placed on the agenda for adoption. They will be placed on the November 19th
meeting agenda for approval.
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3. BELVEDERE/TIBURON JT. RECREATION COMMITTEE JPA
(Approve Amended and Restated JP A)
Councilmember Coxhead questioned what amendments were made to the JP A; and
the Town Attorney responded that the amendments mostly dealt with conformance
to the Brown Act and issues relating to the Treasurer.
There was discussion as to whether the Director's name should be included on the
Town roster of employees; and the Town Manager responded that since the Director
is accountable to both the City of Belvedere and the Town she is included on both
rosters.
The Town Manager further noted that a portion of the New Town Center will be
dedicated to the joint recreation program.
Motion:
To approve the amended and restated Joint Powers Agreement of the
Belvedere/Tiburon Joint Recreation Committee.
Coxhead, Seconded by Kuhn
AYES: Unanimous
Moved:
Vote:
E. UNFINISHED BUSINESS
6. GREENWOOD BEACH ROAD CLOSURE (Consider Staff
Recommendations for Redesign of Street Closure)
The Town Manager reviewed the staff report and recommended the Town Council
direct Staff to proceed with implementation of the permanent road closure as
proposed by the Town Engineer at a cost of $7500 to be funded from gas tax funds.
He noted that the Fire District and Police Department have both reviewed and
approved the proposed redesign.
Council discussed whether any landscaping should be included in the plans or
whether landscaping should be done at the time Blackie's Pasture is landscaped.
Council also discussed whether this closure should be considered permanent since
issues relating to the Reed Ranch Road Intersection improvements have not yet been
resolved. The Town Attorney and Captain Lewis responded that it is difficult to
enforce the closure and issue citations if the closure is considered temporary.
Mayor Thayer invited public comment.
Bruce Abbott, 458 Greenwood Beach Road, expressed his approval of the proposed
redesign and noted receipt of a letter from the President of the Reedlands
Homeowners Association indicating that 80% of the Association support the
permanent closure of Greenwood Beach Road.
Rick Cupples, President of the Greenwood Beach Homeowners Association, stated
20 of the 22 homeowners on Greenwood Beach Road support the permanent closure
and redesign as proposed.
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Mrs. Abbott, 458 Greenwood Beach Road, stated she would prefer closing Greenwood
Beach Road at the opposite end because the proposed location cuts Greenwood
Beach Road off from the rest of the community. However, she supports the proposed
redesign.
Glen Smith, Greenwood Beach Road, requested signage that specifies the dollar
amount of the fine for violating the road closure and requested the Town Manager
forward a letter to the Church, Audubon Society and the Pre-School informing them
of the permanent closure of the road and the subsequent enforcement.
Nicki Wolff, 426 Greenwood Beach Road, requested a larger sign be posted past the
Cove Apartments stating "not a through street"; and stated she would be willing to
organize a community effort to landscape the redesigned area.
Councilmember Friedman expressed his support for the permanent closure and
redesign of Greenwood Beach Road, but stated it would not effect his judgment
regarding the Reed Ranch Road intersection improvements.
Council member Coxhead stated he approved of the redesign as proposed; requested
the signage be standardized for both ends of the road; and that a sign be posted
indicating "violators will be cited."
Councilmember Logan expressed approval for the proposed redesign.
Vice-Mayor Kuhn stated he would approve the redesign as long as it is understood
that it could change when the Reed Ranch Road intersection improvements are
made.
Mayor Thayer concurred with the previous comments made by the Council and
directed the Town Manager to forward the letter requested by Glen Smith to the
Church, Audubon Society and the Pre-School.
Motion:
To approve the implementation of the permanent road closure of
Greenwood Beach Road as proposed by the Town Engineer.
Kuhn, Seconded by Coxhead
AYES: Unanimous
Moved:
Vote:
7.
PARKING FINES SCHEDULE (Proposed Increase of Tiburon's Bail
Schedule for Parking Violations Due to AB 2147)
The Town Manager stated this matter was removed from the October 15th Consent
Calendar and continued to this meeting for further discussion due to concerns
expressed by the President of the Chamber of Commerce about increasing parking
fines in the downtown area.
Vice-Mayor Kuhn reported on a meeting held with the Downtown business
representatives whereby they expressed concern that the increased parking fees
would be detrimental to their businesses. Therefore, he recommended this matter
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again be continued to allow time for review and comment by the Chamber of
Commerce.
Councilmember Logan noted that the fines are for violators of the State Vehicle
Code and he doesn't understand why the business community would object to
ticketing those who park illegally. However, he would not be opposed to allowing
time for comment and review of the proposed fine increases by the business
community.
The Town Manager noted that the business community is concerned about other
parking issues as well, and he is not certain they are opposed specifically to the
increased fines.
After further discussion, the Town Council directed the Town Manager to receive the
Chamber of Commerce's comments and concerns regarding this issue prior to the
next regular Town Council meeting of November 19th.
F. NEW BUSINESS
8. BRADLEY HOUSE ADDITIONAL UNITS (Repayment of
Construction Loan)
The Finance Director reviewed the Staff Report and recommended the Town Council
authorize the Town to enter into an agreement with the Marin Housing Authority to
repay the construction loan for the Bradley House three units in full using varying
interest rates and scheduling three principal reduction payments over an 18-year
period prior to the Town taking title to the Bradley House in the year 2010.
After discussion by the Council regarding the provisions of the proposed loan,
Maurice Wolohan, of the Marin Housing Authority, stated the Authority made an
effort to repay the loan through the income streams generated by the rentals of the
Bradley House units and suiting the terms of the repayment schedule to the cash
available. Therefore, he stated the payments, based on variable interest rates, closely
match the income generated from the property.
Motion:
To authorize the Town to enter into an agreement with the Marin
Housing Authority to repay the construction loan for the Bradley
House units as recommended by Staff.
Kuhn, Seconded by Logan
AYES: Unanimous
Moved:
Vote:
9.
CAPITAL EQUIPMENT PURCHASE (Replacement of 1/2 Ton Pickup
Truck)
The Finance Director requested Council authorize the appropriation of $10,900 to
purchase a new 1/2 ton pick-up truck for the Public Works Dept. requiring
modification of the budget from the current $3,000 appropriation to convert the old
dump truck. He stated the old unit is in need of substantial repairs at the estimated
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cost of $5,000 to $6,000 and it would not be cost effective to completely re-fit the unit
for further use.
The Supt. of Public Works noted additional costs will be incurred to install a beacon
light and radio.
Motion:
To authorize the budget increase from $3,000 to $10,900 to purchase
the new 1/2 ton pick-up truck.
Logan, Seconded by Kuhn
AYES: Unanimous
Moved:
Vote:
G. COUNCI~ COMMISSION OR COMMI......EE REPORTS
10. PARKS & OPEN SPACE COMMISSION (Recommendation to Adopt
Animal Control Ordinance & Authorizing Purchase of Pooper Scooper
Stations for Town's Parks)
The Town Manager reported that the POSC has requested the Town Council
consider the concept of purchasing pooper scooper stations for the Town's parks and
schedule a hearing to so amend the Animal Control Ordinance.
The Supt. of Public Works noted that his department receives 14 to 15 complaints
a week regarding dog waste in the Town's parks.
The Town Council unanimously agreed to add this matter to a future agenda for
public hearing.
11. HIGHLANDS THREE ACRE PARCEL (Planning Commission
Recommendation Re Town Owned Property)
The Planning Director reported that after the Planning Commission's consideration
of the Town-owned 3-acre parcel in the Highlands Development, they have
recommended that the site be utilized for affordable senior housing, the number to
be determined upon further study.
Vice-Mayor Kuhn expressed disappointment that the Planning Commission did not
conduct a more indepth analysis of other alternatives such as market rate or low
and moderate income units; stated that there is no basis for the Commission's
conclusion that the lots be used for affordable senior housing; this is an opportunity
to provide low to moderate income housing for Town employees; and recommended
this matter be remanded back to the Planning Commission for further analysis.
Council discussed the option of building market rate houses and selling them to
possibly finance the New Town Center if the utility tax is rescinded.
After further discussion, it was agreed by the Council to consider this matter after
the utility tax issue is resolved and when the financing of other projects is being
considered.
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Council member Friedman referred to the Planning Commission Minutes No. 655
and strongly recommended against any type of design competition due to possible
resulting litigation.
12. BELVEDERE/TIBURON JT. RECREATION COMMITTEE (FY 1990-
91 Audit Report)
The Town Manager reported that the Belvedere/Tiburon Jt. Recreation Committee
has a healthy fund balance; has restricted funds to both the tennis court fund and
insurance reserve; and will be reviewing long term goals and needs of the Committee.
Councilmember Coxhead questioned what control the Committee has over the
Belvedere Community Center; and the Town Manager responded that the Committee
manages the lease and use of the Community Center and shares the fees received
with the City of Belvedere.
H. COMMUNICATIONS
13. Ltr. from Kathleen Foote to Town Council dt'd 10/15/91 (Bay Vision
2020 Proposal)
14. Memo from Planning Director to Town Manager (Comments Re Bay
Vision 2020)
These two items were considered together. The Planning Director referred to his
comments responding to Ms. Foote's letter regarding Senate Bill No. 797 and
emphasized his recommendation that the Town Council press for a subregional
entity of three of four counties to allow for better representation in the proposed 9-
County Bay Regional Commission. He further stated that other questions expressed
in Ms. Foote's letter are of a policy nature and should be decided by the elected
officials within the MCCMC.
Mayor Thayer noted that the proposed Bay Regional Commission would replace the
powers and duties of the Association of Bay Area Governments (ABAG), the
Metropolitan Transportation Commission and the Bay Area Air Quality
Management District and most of the opposition has been to relinquishing
sovereignty over local planning.
After further discussion regarding the possible ramifications Senate Bill No. 797
would have on Marin County and how the Council should respond to the questions
raised in Ms. Foote's letter, Mayor Thayer requested the Planning Director submit
his recommendations in response to the letter as well as his reaction to the bill itself.
He was also requested to add this matter to the County Planning Directors monthly
meeting agenda for discussion.
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15. Ltr. from Redwood High School Grad Nite Committee to Town
Manager, dt'd. 10/28/91 (Grad Nite 1992 Tiburon Project)
The Town Manager reported that the Redwood High School Grad Nite Committee
is again requesting a contribution from the Town in exchange for some community
service project, to be determined by the Joint Recreation Committee. The Town
Council indicated their approval.
I. APPOINTMENTS.TO COMMISSIONS, BOARDS, COMMIITEES
16. Ltr. from Judy Block Disaster Planning Committee Chair to Town
Manager, dt'd. 10/18/91 (Requesting Town Council to Support
Appointment of Patricia Morgan to Tiburon Peninsula Disaster
Planning Committee)
The Town Manager reported that the Tiburon Peninsula Disaster Planning
Committee is requesting Patricia Morgan be appointed to their Committee; and the
Town Council approved this appointment.
J. STAFF AND TOWN MANAGER REPORTS
17. Tiburon's Emergency Preparedness Disaster Planning (Status Report
by Capt. Lewis)
Capt. Lewis reported that the Tiburon Peninsula Disaster Planning Committee is
currently determining the training requirements needed for emergency volunteers;
the Committee has agreed to meet quarterly; the Committee will be publishing
articles in The ARK relating to disaster preparedness; an area in the Police
Department has recently been remodeled for an Emergency Operation Center; the
EOC will be purchasing emergency food and water supplies for EOC workers; and
have offered Town employees the opportunity to purchase emergency kits at a
discounted price.
The Town Manager stated he would forward the price list to the Town Council
members to allow them the opportunity to purchase the kits if so desired.
The Town Manager also ,stated the Committee will continue to seek community
volunteers, such as doctors, nurses, building inspectors, etc., to offer their services
during. a disaster.
Vice-Mayor Kuhn expressed concern that the Corp. Yard would have no power in the
event of a disaster; and the Supt. of Public Works was directed to investigate the
possibility of obtaining a generator.
18. Winterization of Construction Projects - Status Report
The Planning Director and Town Engineer reported that notices have been sent out
and efforts to properly winterize all projects have commenced.
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K. CWSED'SESSION
The Town Council adjourned to Closed Session at 10:00 p.m. to discuss pending
litigation and property negotiations.
J. ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon,
Mayor Thayer adjourned the meeting at 10:45 p.m. to Wednesday, November 6, 1991,
Del Mar Multi-Purpose Room, 7:30 p.m. to discuss the utility users tax.
~~~
THERESE M. H SSY, TO CLERK
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