HomeMy WebLinkAboutTC Min 1991-12-03
TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Thayer called the regular meeting of the Town Council of the Town of Tiburon
to order at 7:40 p.m., Tuesday, December 3, 1991, in Room 5, Del Mar School, Tiburon,
California.
A. ROLL CALL
PRESENT: COUNCILMEMBERS:
Friedman, Coxhead, Kuhn (arrived at 8:25
p.m.), Logan, Thayer
ABSENT: COUNCILMEMBERS:
None.
EX OFFICIO:
Town Manager Kleinert, Town Attorney
Ewing, Town Engineer Bala, Supt. of Public
Works Iacopi, Planning Director Lohman,
Senior Planner Anderson, Police Chief HerIey,
Minute Clerk Kearney.
B. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMrITEES
1. MOSQUITO ABATEMENT DISTRICT (Reappoint Don Batten as
Tiburon's Representative)
The Town Manager recommended Don Batten be reappointed as Tiburon's
representative on the Marin/Sonoma Mosquito Abatement District Board of Trustees
for a four year term.
Motion:
To reappoint Don Batten to the Marin/Sonoma Mosquito Abatement
District Board of Trustees.
Logan, Seconded by Coxhead
AYES: Unanimous
ABSENT: Kuhn
Moved:
Vote:
Mr. Batten expressed his appreciation to the Town Council for their voting him Tiburon
Peninsula Citizen of the Year.
C. PUBLIC OUESTIONS AND COMMENTS
None.
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D. CONSENT CALENDAR
Councilmember Logan requested Item #7 be removed from the Consent Calendar for
consideration at the end of the agenda.
Motion:
Moved:
Vote:
To approve the Consent Calendar, as amended, consisting of the following
items:
2. APPROVAL OF MINUTES #928, November 5, 1991 and #929,
November 6, 1991
3. NOTICE OF COMPLETION & ACCEPTANCE OF PROJECT
(Mercury Avenue Street Repair #91-T-33 - Resolution)
4. NOTICE OF COMPLETION & ACCEPTANCE OF PROJECT
(Overlay of Streets #91-T-35 - Resolution)
5. ORDERING AND CALLING A MUNICIPAL ELECTION FOR
THE PURPOSE OF ELECTING 1WO COUNCILMEMBERS -
Resolution
6. REQUESTING ASSISTANCE OF BOARD OF SUPERVISORS
FOR COUN'lY REGISTRAR TO HANDLE MUNICIPAL
ELECTION ON APRIL 14, 1991 - Resolution
Friedman, Seconded by Logan
AYES: Unanimous
ABSENT: Kuhn
E. PUBLIC HEARINGS
8. UTILIlY USERS TAX (Rescind Tax, Ordinance, 2nd Reading)
Mayor Thayer opened the public hearing, and upon receiving no public input, closed the
public hearing.
Motion:
Moved:
Vote:
Motion:
Moved:
Vote:
To read the ordinance by Title Only.
Logan, Seconded by Friedman
AYES: Unanimous
ABSENT: Kuhn
To pass second reading of AN ORDINANCE OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON REPEALING CHAPTER 7A, UTILIlY
USERS TAX, OF THE TIBURON MUNICIPAL CODE.
Logan, Seconded by Friedman
AYES: Friedman, Coxhead, Logan, Thayer
ABSENT: Kuhn
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9. PELLEGRINELLI PRECISE PLAN AMENDMENT (A.P. #038-141-10
thru 15, Applicant: Vladimir Turski, 4545 Paradise Drive - Resolution)
The Senior Planner reviewed the Staff Report and stated the applicant has reapplied
with a revised application in response to the Town Council's direction at the August 7th
meeting. He stated that in addition to the conditions of approval requested by the
Planning Commission, Staff and Town Council, the applicant is requesting an increase
in garage space from 500 sq. ft. to 693 sq. ft. to allow for three car garages for each lot
and a minor adjustment to the building envelope setback on Lot #3.
Vladimir Turski, applicant, explained the need for the additional square footage to
accommodate three car garages and stated the adjustment for Lot #3 is needed because
the driveway for Lot #4 would be too close to the Lot #3 building envelope.
Mayor Thayer opened the public hearing, and upon receiving no public input, closed the
public hearing.
After review of the proposed revisions, the Town Council agreed that the requested
adjustment should be approved and deferred action until later in the evening to allow
time for the Town Attorney and Senior Planner to provide appropriate language for
amendment to the resolution.
10. TREE ORDINANCE & VIEW AND SUNLIGHT ORDINANCE (Revise
Chapter 15 of Municipal Code, Ordinance, 2nd Reading)
The Senior Planner stated the amendments requested by the Town Council at first
reading of the proposed ordinance have been incorporated in the revised draft and a
copy of the Pruning Standards of the International Society of ArboricuIture has been
received.
Mayor Thayer opened the public hearing.
Russ Wischow, 6 Wilkins Court, questioned whether a plan is being devised to eliminate
trees considered to be fire hazards; and Mayor Thayer responded that the proposed
ordinance places limitations on the planting of what are considered undesirable trees
and that the Fire District is currently formulating a plan to address this issue.
Hearing no further public comment, Mayor Thayer closed the public hearing.
Councilmember Friedman stated he has not changed his opinion from first reading to
oppose the ordinance because of its lack of protection for potential views or views that
existed in the past prior to purchase by a new owner.
Councilmembers Coxhead, Logan and Thayer agreed the revisions reflect the discussion
at first reading and indicated their support for the ordinance as proposed.
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Motion:
Moved:
Vote:
Motion:
Moved:
Vote:
To read the ordinance by Title Only.
Friedman, Seconded by Coxhead
AYES: Unanimous
ABSENT: Kuhn
To pass second reading of AN ORDINANCE OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON REPEALING CHAPTER 15 AND
ADDING NEW CHAPTERS 15 AND 15 (A) TO THE TIBURON
MUNICIPAL CODE IN RESPECT TO VIEW AND SUNLIGHT
OBSTRUCTION AND TREES.
Coxhead, Seconded by Logan
AYES: Coxhead, Logan, Thayer
NOES: Friedman
ABSENT: Kuhn
F. UNFINISHED BUSINESS
11. ANIMAL CONTROL ORDINANCE AMENDMENT (Install Pooper
Scooper Stations, Ordinance, 2nd Reading)
The Town Manager noted there was a clerical error at the last meeting regarding the
cost of the Dispoz-A-Scoop bags which cost $510 for 3,000; stated that dog droppings
are already causing problems along the new landscaped area of the Multi-Use Path;
stated that public education is needed regarding this issue; and recommended three
stations in the Shoreline Park and six along the Multi-Use Path.
Councilmember Logan questioned how the used scoopers would be disposed of; and the
Town Manager responded that garbage receptacles would be provided near the stations.
Council discussed plans for enforcement and the possibility of purchasing the products
jointly with Belvedere to achieve a better price.
Mayor Thayer opened the public hearing.
J an Case, resident, questioned how theft of the scoopers will be prevented; and the Town
Manager responded that the stations will have to monitored periodically and suggested
consideration be given to the less expensive bag for this reason. He also suggested
experimentation with the available options to determination which provides the best
solution to the problem.
Richard Hill, POSC Chairman, urged the Council adopt the proposed ordinance.
Hearing no further public comment, Mayor Thayer closed the public hearing.
Council member Logan stated he supports the proposed ordinance, but requested
information on how many scoopers will be used daily and how the ordinance will be
enforced. He also indicated his preference for the less expensive bag.
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Councilmember Friedman stated he supports ordinance, but suggested the Town wait
to see how the ordinance functions and later amend the it if necessary.
Councilmember Coxhead indicated his support for the ordinance, but stated he has
reservations about erecting more signs in Town and suggested implementing this
program on an experimental basis.
Mayor Thayer stated he would support the ordinance although enforcement will be
difficult and he agreed the Town should experiment to determine which method is the
best.
The Town Manager stated that Staff will provide a final implementation plan at the
next regular Town Council meeting.
Motion:
Moved:
Vote:
Motion:
Moved:
Vote:
To read the ordinance by Title Only.
Friedman, Seconded by Logan
AYES: Unanimous
ABSENT: Kuhn
To pass second reading of AN ORDINANCE OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON ADDING SECTION 20-14 TO THE
TIBURON MUNICIPAL CODE TO REQUIRE THE SANITARY
DISPOSAL OF DOG FECES.
Friedman, Seconded by Coxhead
AYES: Friedman, Coxhead, Logan, Thayer
ABSENT: Kuhn
Vice-Mayor Kuhn arrived at 8:25 p.m.
12. BAY VISION 2020 REGIONAL GOVERNMENT PROPOSAL (Staff
Comments & Recommendations)
The Planning Director reviewed the concerns and recommendations which were
addressed at the ABAG General Assembly meeting on November 21, 1991, and stated
the Assembly requested ABAG receive input from all the nine-county local governments
and bring back recommendations in March 1992. He further reviewed his
recommendations regarding the Bay Vision 2020 Plan as outlined in the staff report and
stated that even if this Plan is not approved, other similar plans for regional planning
are being proposed in the State Legislature.
Mayor Thayer confirmed that the Planning Director's responses have captured the Town
Council's sentiments and he requested these comments be forwarded to MCCMC for
discussion at their next meeting.
Vice-Mayor Kuhn suggested the MCCMC be requested to structure their next meeting
to specifically address this issue and that the meeting be held in a facility conducive to
discussion. Mayor Thayer indicated he would contact Ms. Foote in this regard.
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After further discussion, the Town Council requested the Planning Director's comments
be included in a formal letter for signature by the Mayor and that the other public
entities be requested to act at the next MCCMC meeting.
9. PELLEGRINELLI PRECISE PLAN AMENDMENT (A.P. #038-141-10
thru 15, Applicant: Vladimir Turski, 4545 Paradise Drive - Resolution)
The Town Attorney and Senior Planner recommended the draft Resolution be amended
as follows to address the increased garage square footage and Lot #3 adjustment:
Page 3, #22, amend the last sentence to read: "no 'Floor Area, Gross,' except that
693 square feet of garage space shall be permitted for each lot in lieu of the 500
square feet specified in the zoning ordinance."
#25, amended to read: "The minimum setback for all structures shall be 20 feet
from any property line, even if the building envelope would otherwise allow a
lesser setback. This 20 foot setback requirement shall not apply to that portion
of the Lot 3 building envelope nearest the east property line of Lot 3 (see Exhibit
A).
A new #26 added to read: "The minimum building setback line shall be 20 feet
from existing roadways even if the building envelope would otherwise allow a
lesser setback."
The previous #26 and #27 are to be renumbered #27 and #28.
Motion:
To adopt A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON AMENDING THE PELLEGRINELLI PRECISE PLAN
(PLANNED DEVELOPMENT #8, AP 038-141-10, 11, 12, 13, 114, AND
15), as amended.
Friedman, Seconded by Logan
AYES: Unanimous
Moved:
Vote:
G. NEW BUSINESS
13. MILL VALLEY REFUSE SERVICE (Consideration of 1992 Rate
Application & Deloitte/Touche Recommendations regarding Proposed
Rate Increase)
The Town Manager reported that the accounting firm of Deloitte and Touche have
completed their annual rate analysis for setting refuse collection rates for 1992 for Mill
Valley Refuse Service and Marin Recycling. They have recommended a fee increase for
MVRS of 16.1 percent, or approximately a $2.00 increase per can, as a result of
increased tipping fees, additional advertising and promotion costs regarding recycling,
and inflation. He noted that revenues from recycling will offset Marin Recycling's cost
increases; therefore, recycling fees will remain at $1.75 per household. He requested the
Town Council approve the rate adjustment as recommended by Deloitte & Touche and
direct Staff to prepare the appropriate amendment to the MVRS Franchise Agreement.
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Vice-Kuhn commented that a more efficient, organized effort is needed in collecting
recyclables such as standardization of collection buckets, in order to meet the state
mandated goals for recycling.
The Town Attorney noted that Marin Recycling will be requesting a franchise agreement
in the future and issues regarding standardization of collection receptacles can be
addressed at that time.
John Sanford, 60 Pine Terrace, commented that the eastern U.S. has a more efficient
recycling program.
After further discussion regarding Marin Recycling's efforts to meet required quotas,
the Town Council unanimously indicated their approval of the proposed rate increase.
Motion:
To approve the 16.1 percentage rate adjustment for Mill Valley Refuse
Service for calendar year 1992, and direct staff to prepare the appropriate
amendment to the Franchise Agreement; and to approve no increase in
Marin Recycling's current monthly service rate of $1.7S per household.
Logan, Seconded by Kuhn
AYES: Unanimous
Moved:
Vote:
H. COUNCI4 COMMISSION OR COMMl"r.'EE REPORTS
14. BLACKIE'S PASTURE PLAN (Consider POSC Recommendations)
Richard Hill, POSC Chairman, stated that after considering input from Staff,
consultants, environmentalists, the public, etc. the POSC has arrived at the proposed
schematic plan which combines park recreation with environmental restoration of the
salt marsh. He noted the most significant change being the installation of a pond of
standing water within the salt marsh area which would cover the mud flats and alleviate
any concerns about viewing exposed mud flats most of the time and questions as to
whether vegetation would grow in the area. He stated that natural siltation would
occur and the area would naturally develop into a wetland. He recommended the park
be completed in phases, the first of which would include site preparation and grading;
and costs are still unknown for the project until schematic working drawings can be
completed and evaluated. He requested the Town Council 1) take steps deemed
appropriate to complete the process for schematic drawings; 2) authorize the POSC to
proceed to seek grants from other agencies; and 3) authorize staff to obtain bids for
preparation of working drawings. He also noted receipt of three letters from
environmental groups indicating concern regarding the proposed silt pond.
Discussion ensued regarding the fact that the POSC hearing regarding the proposed silt
pond was not well attended; that matching grants are available for application for this
project; whether more vegetation growth can be expected with the proposed silt pond in
the salt marsh area because it would be growing on a bed of bay mud instead of a bed
of gravel; the increased costs for this plan alternative; the alternative of depositing bay
mud and planting the area at the outset; whether the ducks that would be attracted to
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the pond would cause a health hazard even though the pond would be constantly flushed
by the bay.
POSC Commissioner Henry Siegel noted that the pond must be dug deep enough to
allow for the flushing action from the bay to encourage the growth of vegetation, and
stated that grant funds are available for salt marsh restorations.
John Arado, 670 Hilary Drive, expressed concern that the project is being rushed to
meet the December 13th grant application deadline and that a funding plan should first
be determined before proceeding with the project.
Russ Wischow, 6 Wilkins Court, stated the Town Hall issue should be resolved before
considering this project.
Planning Commissioner Randy Greenberg requested detail on how this plan differs from
the previous plan and agreed that a financial strategy and priority list for capital
improvements should first be determined before pursuing implementation of this
project.
The Town Attorney and Planning Director recommended the Town Council not move
forward on this project until unresolved issues regarding CEQA requirements have been
addressed.
Councilmember Logan agreed that the POSC should proceed with the basic plan and
that Staff should work with the consultant to address the CEQA requirements issues,
and bring back the plan for approval by the Town Council.
Vice-Mayor Kuhn stated he is convinced the majority of the community supports
improvement to the Blackie's Pasture area; there currently is $250,000 available in the
Town's general fund to finance the first phase or grading of the project and it was
always assumed the project would be phased. However, he agreed that no action should
be taken until the CEQA issues are resolved once and for all, and the capital
improvements priorities determined.
Councilmember Friedman stated that he would not want to commit any funding to this
project until the capital improvements priorities are determined. He indicated his
concern that this would be a more costly project; that this plan does not have the
support of environmental groups; and stated that the POSC should address CEQA
issues.
Councilmember Coxhead agreed this matter should be remanded back to the POSC to
address CEQA concerns; and stated it is important to address the concerns of the
environmental organizations. However, he cautioned that many citizens feel Blackie's
Pasture should remain in its current state and should not be considered a priority.
Commissioner Hill stated that evidence by resolution from the Town Council is required
to enable them to apply for grants by the December 13th deadline; and Mayor Thayer
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responded that there are too many unresolved issues that must be addressed before any
approvals can be made by the Town Council for any specific plan.
Therefore, the POSC was directed to work with the Planning Department to address the
CEQA requirements and to respond to the environmental organizations' concerns.
I. COMMUNICATIONS
15. Ltr. from Town Engineer to Town Manager, dt'd 11/14/91
(Transportation Development Act Funds Granted to Town for Pedestrian
Bridge to Ferry)
The Town Engineer reported that a $45,000 grant has been approved to construct a foot
bridge at the Tiburon Ferry Terminal and work will proceed in July 1992.
Town Manager noted that Town merchants will be notified of the possible disruption
during construction of the bridge. He requested authorization to proceed to obtain
necessary permits, plans and surveys for this project.
The Town Council authorized the Town Manager to proceed as requested.
GALLOWS FRAME
Mayor Thayer noted that a dedication ceremony dedicating the railroad ballards at Mar
West will be held on Saturday, December 7, 1991, at 10:30 a.m., at the Mar West site.
16. Ltr. from Town Treasurer to Town Manager, dt'd. 11/27/91
(Recommending Termination of Investment Contract for Mark-Roos
Utility Undergrounding Assessment District Financing)
The Town Manager reported that Harry Matthews, the Town Treasurer, is suggesting
that the Mark-Roos investment contract which earmarked funds for potential
assessment district projects be terminated and the proceeds applied in accordance with
the Indenture.
After discussion, the Town Council approved the Town Treasurer's recommendation.
J. STAFF AND TOWN MANAGER REPORTS
17 . Multi-Use Path Access at Pine Terrace (Oral Report & Recommendation
by Town Manager)
The Town Manager reported that the residents on Pine Terrace are requesting the Town
install a 6' cyclone fence, at an approximate cost of $2,000, across their open space lot
to eliminate the problem of people cutting through Pine Terrace to access the Multi-Use
Path. He stated that the homeowners would like the Town to maintain the open space
and provide access to the path at this location at some point in the future.
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Michael Benninger, Pine Terrace Homeowners Assn. President, stated that the
homeowners want to explore the ownership of the open space land and whether it has
any value to them before deeding it to the Town. He also noted that there was
discussion by the homeowners regarding possibly exchanging landscaping maintenance
of the median strip in Pine Terrace by the Town for the open space deed and the
homeowners are willing to work with the Town for a solution to this problem.
John Sanford, 60 Pine Terrace, reminded the Town Council that the Pine Terrace
homeowners have granted the Town a right-of-way to provide access to the Multi-Use
Path which they can withdraw, and before the issue of deeding the open space land to
the Town can be resolved there is the immediate problem of people trespassing to access
the Path which needs to be corrected now.
Council member Logan suggested repairing that section of the existing fence where
people are easily scaling it by extending it higher.
After further discussion regarding whether the Town should invest in a fence that would
only be a temporary solution or pursue an arrangement that would permanently resolve
the problem, the Town Council directed the Town Manager to meet with the homeowners
and report back with a proposal to address this issue.
In response to the question of the marketability of the land, Mayor Thayer responded
that the land is dedicated open space and therefore has no marketability.
18. Rescheduling January 1, 1992 (Wednesday) Regular Town Council
Meeting (Staff Recommends Continuance to January 7, 1992, Tuesday)
The Town Manager reported that the Town's Christmas party is planned for the evening
of the next regular meeting and requested that meeting be continued to Tuesday,
January 7th to accommodate the holiday schedule. The Town Council unanimously
approved this recommendation.
7. TOWN COUNCIL REGULAR MEETINGS (Return to First & Third
Wednesday Regular Meeting Schedule - Resolution)
This item was removed from the Consent Calendar for discussion. Councilmember
Logan stated he is still unable to attend Wednesday Town meetings and requested the
meetings continue to be held on Tuesdays until such time his work schedule changes.
The Town Council unanimously agreed to continue holding the Town Council meetings
on the first and third Tuesdays.
K. CWSED SESSION
Due to lack of business, the Closed Session was canceled.
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L ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor
Thayer adjourned the meeting at 11:25 p.m., to a special meeting to discuss the New
Town Center on Thursday, December 12, 1991, 7:30 p.m., Del Mar Music Room.
tt;'EST:
TH~~~~CLERK
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