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HomeMy WebLinkAboutTC Min 1991-10-15 TOWN COUNCIL MINUTES CALL TO ORDER The Closed Session of the Town Council of the Town of Tiburon was called to order at 7:00 p.m., Tuesday, October 15, 1991, in Room 5, Del Mar School, Tiburon, California, to discuss litigation and real property negotiations. CALL TO ORDER Mayor Thayer called the regular meeting of the Town Council of the Town of Tiburon to order at 7:40 p.m., Tuesday, October 15, 1991, in Room 5, Del Mar School, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Friedman, Coxhead, Kuhn, Thayer ABSENT: COUNCILMEMBERS: Logan EX OFFICIO: Town Manager Kleinert, Town Attorney Ewing, Town Engineer Bala, Supt. of Public Works Iacopi, Planning Director Lohman, Senior Planner Anderson, Finance Director Stranzl, Police Captain Lewis, Minute Clerk Kearney. B. PUBLIC OUESTIONS AND COMMENTS Mayor Thayer noted the large gathering of residents present to address the utility tax issue; but since this matter was not on the agenda, he requested this topic be addressed in an orderly manner during consideration of Item #5, the Capital Improvements Program. C. SPECIAL REPORTS THE HILARITA (Preservation Committee's Progress Report, Erwin Farley) Erwin Farley, member of the Tiburon Ecumenical Association, reported that the consultant hired to assist in determining the feasibility of preserving The Hilarita as low income housing has preliminarily concluded that The Hilarita is eligible under the 1990 Housing Act for funding assistance pending additional analysis. The TEA will keep the Town Council apprised. TOWN COUNCIL MINUTES #926 10/15/91 1 TIBURON PENINSULA CHAMBER OF COMMERCE (Transient Occupancy Tax Utilization & Activities Report, Robert King, President) Robert King, President of the Tiburon Peninsula Chamber of Commerce, expressed the Chamber's appreciation for the Town Council's support. He reported that the Chamber has used Transient Occupancy Tax funds to publish and distribute two brochures supplying information and guides to services, restaurants and art galleries available within the Town; to publish a video for presentation on the Red & White Ferries and in hotels; and to purchase a computer for the Chamber office. Mr. King also reported that the shortage of MMWD's water allocations for Pt. Tiburon which have hampered sales negotiations of the property have been resolved and lost water allocations have been located. Mr. King further informed the Council of the business community's concerns regarding the lack of adequate parking and the Town's intention to increase parking fees which will have a detrimental effect on Downtown businesses. D. CONSENT CALENDAR Vice-Mayor Kuhn requested Item 2, Parking Fines Increase, be removed from the Consent Calendar and placed on the next regular meeting agenda for discussion. Motion: To approve the Consent Calendar consisting of the following item: 1. APPROVAL OF MINUTES #925, October 1, 1991 Moved: Vote: Coxhead, Seconded by Kuhn AYES: Unanimous ABSENT: Logan E. PUBLIC HEARINGS 3. PRECISE DEVELOPMENT PLAN (A.P. #039-021-08, 09, 10, 11 and 12; Applicants: Irving and Varda Rabin, Paradise Drive & Hacienda Drive; Ordinance, 2nd Reading) Senior Planner Anderson recommended Council adopt second reading of the Ordinance with revision to Condition #4 to require a 10-foot wide pedestrian trail. In response to Vice-Mayor Kuhn's concerns, he stated that the trail is part of an overall trail system and would be appropriately marked as recommended by the POSC. Mayor Thayer opened the public hearing. Bob Wayne, 180 Hacienda Drive, stated the approval of the three water tanks on the ridge are in violation of the Tiburon Ridge Policy and appropriate permits were TOWN COUNCIL MINUTES #926 10/15/91 2 never issued; requested the tanks be moved ofT the ridge to an alternate location; expressed concern that the service road to the tanks will eventually be paved; and threatened to file a lawsuit against the Town if the tanks are not relocated. The Planning Director noted that the ridge policy allows for Council discretion in determining whether structures should be located on ridges; and it was noted that the three water tanks replace a water tank that had been at this location for decades. Discussion ensued regarding whether relocation of the tanks would efTect their ability to function properly; and Vice-Mayor Kuhn requested this possibility be explored. Hal Edelstein, consultant to the applicants, stated that moving the tanks to a lower vicinity in compliance with ridgeline policy would decrease the water pressure and supply; the tanks are screened by trees, are painted brown, and are not visible; the mass of the three tanks is less than the mass of the original tank; the existing dirt driveway serves as a fire road as well as service access and consists of two tire tracks as allowed by the ridge policy; and any further delays would extend construction into the rainy season. He further outlined the unique characteristics of this property which make it necessary to encroach upon the ridge. Howard Zech, 99 Mt. Tiburon, stated the water tanks are imperceptible. Mayor Thayer closed the public hearing. Vice-Mayor Kuhn reiterated his request that StafT explore the possibility of moving the tanks ofT the ridge. Councilmember Friedman stated he cannot accept historical precedence as a basis for locating the tanks on the ridge; and although water tanks must be placed as high as possible to function properly, he preferred the possibility of moving them to another location be explored. Councilmember Coxhead stated the issue of locating the water tanks on the ridge has been adequately reviewed by the Planning Commission and Town Council and he supports passing second reading of the Ordinance approving the precise development plan with the amended condition that the pedestrian trail be 10' wide. Mayor Thayer concurred with Council member Coxhead's comments. The Senior Planner noted that if the ridgeline policy was strictly adhered to in this instance the water tanks would have to be located next to the house. TOWN COUNCIL MINUTES #926 10/15/91 3 Motion: Moved: Vote: Motion: Moved: Vote: To read the Ordinance by Title Only. Friedman, Seconded by Coxhead AYES: Unanimous ABSENT: Logan To pass Second Reading of AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMPLIFYING AND SUPPLEMENTING THE PROVISIONS OF THE TIBURON ZONING ORDINANCE WITH RESPECT TO PLANNED DEVELOPMENT #20 BY ADOPTION OF A PRECISE DEVELOPMENT PLAN with amendment to Condition #4 to change the 6 foot pedestrian easement to a 10 foot pedestrian easement. Coxhead, Seconded by Friedman AYES: Friedman, Coxhead, Kuhn, Thayer ABSENT: Logan ADDmON TO AGENDA Mayor Thayer acknowledged the presence of numerous citizens to address the utility tax issue. Motion: Moved: Vote: To add the issue of the utility tax to the agenda. Kuhn, Seconded by Friedman AYES: Unanimous John Tripp, 104 Howard Drive, stated the following: that although the previous hearings were attended only by a small number of citizens, the majority of residents are opposed to the utility tax and the way it was imposed; no Tiburon Town Council has ever before imposed a tax without a vote of the people; the citizens were led to believe there was a financial emergency of which there is none; the financing of a new Town Hall and Blackie's Pasture improvements are not emergencies; petitions are being circulated to determine how many citizens are opposed to the tax and as of this date 700 signatures have been collected; these petitions will be submitted prior to the next regular Town Council meeting; requested the 7% utility tax be rescinded; formally requested this matter be placed on the agenda for the next Town Council meeting and that the meeting be held in a facility that will accommodate a large audience. Since the next regular Town Council meeting is scheduled for Election Day, the Town Manager suggested it be changed to Wednesday, November 6, 1991. Mayor Thayer directed this matter be placed on the November 6th Town Council agenda, location to be announced. Several unidentified residents questioned why the tax was adopted without voter approval and what the basis was for determining a financial emergency within the Town. TOWN COUNCIL MINUTES #926 10/15/91 4 Another unidentified resident noted that the Water District would be charging the Town $8-10,000 to re-program their computers for billing the Tiburon residents for the tax and questioned what the other utilities would be charging the Town. Mayor Thayer responded that the other utilities are not charging the Town any additional fees because of widespread adoption of these types of taxes throughout the State. Another unidentified resident stated that Viacom Cable T.V. informed him that they intend to charge the Town for collecting this tax. Wayne Wilkinson, 10 Alcatraz, questioned what the time frame would be for collecting the $9,000,000 to fund the capital improvement projects proposed and whether there is a sunset clause placed on this tax. Mayor Thayer responded that several check point sessions will be scheduled to determine the revenue streams and capital improvement project priorities and a sunset clause is not necessary since any future Council can rescind the tax. Marsha Morris, 70 Paseo Mirasol, questioned how many additional staff members would have to be hired to administer these taxes and what the associated costs would be; spoke in opposition to taxation without representation; stated that because of this recessionary period, many residents are having difficulties meeting their financial obligations and this is an additional burden; and this tax will make it difficult to sell property within the Town. Mayor Thayer responded that no additional staff will be required to administer this tax. An unidentified resident stated that because this tax is not deductible, it will actually be a 10 percent tax. Another unidentified resident stated she would prefer Blackie's Pasture remain in its present condition and that this should not be considered a dire financial need. Susan Deluxe, Tiburon resident, spoke in opposition to the tax. J ocelynn McDonnell, 687 Hilary Drive, suggested a lower tax rate of 1 or 2 percent on phone service and PG&E as a compromise and that this be placed on a ballot for voter approval. She further requested Item 5 addressing the capital improvements program be placed in abeyance until the tax issue is addressed at the next meeting. Vice-Mayor Kuhn noted that many of the items to be considered on the Capital Improvements list include deferred maintenance projects as well as items that have been accumulated and approved over the years at the request of the citizens. Neal Stanley, 90 Rowley, stated the Council's action to adopt this tax was rash without receiving further input from the residents, and the residents should have an opportunity to vote on this issue and what capital improvements will be funded through these funds. TOWN COUNCIL MINUTES #926 10/15/91 5 Nicki WolfT, Greenwood Beach Road, stated the Town currently has an adequate capital replacement fund; approximately $2,000,000 of the Town's funds are available for Town services; and the Town has an excess over what is required for emergency reserve funds. Therefore, there is no basis for the argument that adequate funds are not available for Town services. Valerie Bergman, former Councilmember, urged the Council reopen this issue for public input and consideration. RECESS Recess was called at 9:10 p.m. and the Town Council reconvened at 9:25 p.m. F. UNFINISHED BUSINESS 6. OLD TIBURON UNDERGROUNDING OF UTILITIES (Consider Request to Terminate Assessment District Formation Proceedings) Because several residents were present to address this issue, this item was moved forward on the agenda. The Town Manager reviewed the stafT report and stated that approximately 50% of the Old Tiburon residents have signed petitions requesting the proceedings to underground utilities be stopped because of the escalating associated costs. Therefore, he recommended Council direct Staff to provide the appropriate resolution for adoption at the next regular meeting that will terminate the proceedings. Dan Bort, bond counsel and resident of the proposed district, stated that the proceedings are being terminated because sufficient funds were never raised for the preliminary engineering study and there were concerns that additional taxes imposed on PG&E will increase costs. He recommended he be directed to draft a resolution abandoning the proceedings completely which will remove any recordings from property titles. He stated he expects there will be efforts to restart these proceedings on a smaller scale in neighborhoods where there is sufficient support. Nobuo Kuwatani, representing the Committee for the Uncommitted, noted that 44 out of the 83 residents who originally approved the project are now requesting their names and approval be removed. Councilmember Friedman expressed disappointment that this project cannot proceed; however, under the aforementioned circumstances, he agreed that a resolution to abandon the proceedings is appropriate. Councilmembers Coxhead, Kuhn, and Thayer concurred. Therefore, StafT was directed to draft the appropriate resolution for adoption at the next regular Town Council meeting. TOWN COUNCIL MINUTES #926 10/15/91 6 4. POINT TIBURON PRECISE PLAN AMENDMENT (Cont'd. from 8/20/91 - Resolution) The Senior Planner recommended Council adopt the proposed resolution which reconciles the Point Tiburon precise plan square footage with subsequently-approved additions and discourages future additions to the project. The resolution allows for the production of additional documents by the owners verifying approved square footage if necessary. Vice-Mayor Kuhn stated that because design constraints and location have hindered the Plaza's ability to function successfully as a retail center in the past, he recommended the Council consider some leniency in its restrictions regarding the illegally built mezzanine spaces for use as storage areas. Councilmember Coxhead added that one factor that has contributed to the Plaza's inability to function successfully has been the excessive rents. Mayor Thayer opened the public hearing; and upon hearing no comments, closed the public hearing. Motion: To adopt A RESOLUTION OF THE TOWN COUNCIL (AMENDING THE NORTHWESTERN PACIFIC PRECISE PLAN) TO RECONCILE THIS PLAN WITH SUBSEQUENTLY-APPROVED ADDITIONS TO THE PROJECT AND TO DISCOURAGE FUTURE ADDITIONS TO THE PROJECT. Friedman, Seconded by Coxhead AYES: Unanimous ABSENT: Logan Moved: Vote: 5. CAPITAL IMPROVEMENT PROGRAM (Consider Long Range and Short Range Capital Improvement Projects) The Finance Director reviewed the stafT report and outlined the various capital improvement projects. He stated the revenue trends generated from the utility tax will not be known until mid fiscal year 1991-92. Vice-Mayor Kuhn requested the Trestle Glen Intersection improvements be added to the street improvements list. This would include adding an additional turning lane and realigning the pedestrian walkway and signalization. He also requested consideration be given to citizen requests made during the budget hearings regarding deferred street maintenance items and requested they be included in the list with an estimated time frame for completion. Council discussed the need to reclassify the Open Space Acquisition Supplement Funding since there currently is not sufficient funding available to actually purchase open space. TOWN COUNCIL MINUTES #926 10/15/91 7 Vice-Mayor Kuhn also requested the Capital Improvements List reflect equipment deferred maintenance costs, potential increased stafT when certain lands are developed, legal liability costs, and an emergency storm damage reserve. Mayor Thayer opened the public hearing. Randy Greenberg, Planning Commissioner, suggested the list be clearly itemized, detailed and explained prior to the November 6th hearing to better educate the public. The Town Council so directed StafT. Katy Bruel, 57 Mercury Dr., questioned if the $500,000 listed for Belveron & Trestle Glen area overlays includes the curbs and gutters work for the entire area as well; and the Town Engineer informed her that this estimates includes the complete project. Becky Clelland, Planning Commissioner, stated the Committee to Save Old St. Hilary's is pursuing acquiring matching funds towards purchasing open space around Old St. Hilary's, and Vice-Mayor Kuhn suggested the Committee submit their recommendations for acquiring and funding the purchase of this property. Priscilla Tripp, 104 Howard Dr., stated the Council is trying to satisfy too many constituencies; they need to prioritize and establish a timeline for allocating funds for the various items on the capital improvements list; she commented on the significant changes in the estimated costs for many of the items since last June; and she stated that many residents believe the purpose for the utility tax is to fund the new town hall at an excessive cost of 3.5 million dollars. Discussion ensued regarding the County's restriction of annexations due to loss of revenue from property taxes how the County is requiring cities to perform many of their previous functions. Nicki Wolff, Greenwood Beach Road, stated that if the residents are properly informed and educated, she believes they would approve a new town hall, but it should get voter approval. Mayor Thayer noted that October 29th is scheduled for a conceptual presentation by the architects for the new Town Center. Councilmember Coxhead reiterated the need to provide a detailed, prioritized capital improvement list and suggested it be limited to 5 items; suggested phasing some of the projects; and stated CAL/TRANS should be funding many of the Tiburon Blvd. projects. Mayor Thayer closed the public hearing. It was noted that this matter will be reviewed again on November 6th. TOWN COUNCIL MINUTES #926 10/15/91 8 G. NEW BUSINESS 7. BUDGET ADJUSTMENTS (Proposed Additions to 1991-92 Town Operating & Capital Improvement Program Budgets) The Town Manager requested the Town Council approve the following three budget adjustments: a. Weed Abatement Program (Along Multi-Use Path between San Rafael Avenue and Lyford Drive) The Town Manager stated the Marin Conservation Corps has submitted a bid to perform this work at a cost of $6,000 for six days work. b. Pedestrian Bridge & Walkway Improvements (Adjacent to Guaymas Restaurant - Authorize Structural Engineering & Design) The Town Manager noted the Coastal Conservancy rejected the Town's application for funding the pedestrian bridge and walkway adjacent to Guaymas Restaurant. Therefore, he requested authorization to obtain structural engineering and design of the proposed improvements and pursue application to other agencies for funding assistance. Council requested StafT approach Guaymas for funding assistance since it improves access to their restaurant. c. Planning Department StafT Vehicle (1991 Ford Tempo) The Planning Director stated that during the budget hearings it was anticipated the Planning Department would be receiving a used police vehicle for use by the planners for field inspections. However, a used, safe police car is no longer available; therefore, they are requesting approval to purchase a used 1991 Ford Tempo at a cost of $8,500. He further noted that purchasing a vehicle is more cost effective than providing employees with a mileage allowance. Council requested this vehicle be placed on the regular maintenance schedule and have the Town seal painted on its doors. Motion: To approve the requested budget adjustments as recommended by StafT. Kuhn, Seconded by Friedman AYES: Unanimous ABSENT: Logan Moved: Vote: I. COMMUNICATIONS None. TOWN COUNCIL MINUTES #926 10/15/91 9 J. STAFF AND TOWN MANAGER REPORTS \ 8. RBLP LANDSCAPING PROJECT (Status Report) The Town Manager reported that a satisfactory solution has been reached with MMWD to irrigate Richardson Bay Lineal Park which includes transferring an old Town meter to the Park area with a variance from the District. He stated that the allocation for that meter meets the estimated requirements for irrigating the Park and any additional water can be supplemented by the Town's water truck. This project will proceed in approximately ten days. Randy Greenberg requested the community be informed that the majority of this project has been funded through grants. H. COUNCI4 COMMISSION OR COMMITTEE REPORTS (A) Councilmember Friedman reported that the Richardson Bay Regional Agency is in the process of removing derelict vessels from Richardson Bay and 35-40 have been removed; 21 anchor-outs have signed memoranda of agreement to comply with certain terms; 30 anchor-outs have signed memoranda of agreement, but have never complied; 10-15 anchor-outs have never signed; therefore, 40-45 anchor-outs are in the process of being abated. He also reported that the City of Sausalito is in the process of removing abandoned drydocks. (B) Mayor Thayer reported that the Audubon Society has requested Town representation at a presentation on October 22, 1991, 1:00 p.m., whereby a Japanese representative will be returning quails raised by a Japanese kindergarten to their natural habitat. Councilmember Coxhead and the Town Manager agreed to attend, and a POSC representative will be invited. (C) Vice-Mayor Kuhn reported on a recent meeting of the League of California Cities and stated the Town's share for planning costs of the County-wide Plan will be approximately $10,000. The Planning Director added that the County Congestion Management Plan requires an initial investment by the Town of $12-16,000, of which the Town will receive back $65,000 over a period of time. Discussion ensued regarding the need to consolidate both the County-wide Plan and the Congestion Management Plan to decrease costs and redundancy; and Vice-Mayor Kuhn requested the County City Managers Association consider this issue for recommendation to the County. (D) The Town Manager requested the Town Council's reaction to his memorandum regarding the County's proposal to add a $1.00 surcharge to vehicle registration fees to fund emergency call boxes along Highway 101. Council indicated their approval for the concept. TOWN COUNCIL MINUTES #926 10/15/91 10 K. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Thayer adjourned the meeting at 11:30 p.m., to Tuesday, October 29, 1991, 7:30 p.m. for a special presentation by New Town Center Architects, Roland/Miller & Associates, to the Town Council. ~w~ HERESE M. HENNESSY, CLERK TOWN COUNCIL MINUTES #926 10/15/91 11