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Home My WebLink AboutTC Min 1995-12-06 r I ~ L ~ TOWN COUNCIL MINUTES CALL TO ORDER .1 Mayor Wolf called the regular meeting of the Town Council of the Town of Tiburon to order at 7:45 P.M., Wednesday, December 6, 1995 in Council Chambers, 1101 Tiburon Boulevard, Tiburon, CA. A. ROLL CALL PRESENT: COUNCILMEMBERS: Hennessy, Ginalski, Thayer, Thompson, Wolf EX-OFFICIO: Town Manager Kleinert, Chief of Police Herley, Town Attorney Sharp, Planning Director Anderson, Finance Director Stranzl, Engineer Mohammadi, ,. <~nute Clerk McVeigh B. ANNOUNCEMENT OF CLOSED SESSION ACTION Mayor Wolf announced that no action was taken at the Town Council's Closed Session. C. PUBLIC QUESTIONS AND COMMENTS Councilmember Hennessy donated the proceeds from her election campaign to the Town for the purpose of purchasing furniture for the new Town Hall. She presented the Town Manager with a check in the amount of$I,001.48 and challenged members of the community to match her donation. D. APPOINTMENTS TO BOARDS. COMMISSIONS OR COMMITTEES MOTION: to appoint Donna Brill to the Tiburon Peninsula Disaster Planning Committee MOVED: Thompson, seconded by Hennessy VOTE: Unanimous E. COUNCIL. COMMISSION OR COMMITTEE REPORTS None. F. CONSENT CALENDAR Councilmember Ginalski requested Item 4 be removed from the Consent Calendar for discussion. 2. Approval of Minutes. Councilmember Thompson amended minutes #1068, page 2, Item G., 3rd paragraph to read "...former Mayors Ross, ForreIl, Duke, Hansen, Wilson Edelstein, Coxhead. and citizens..." Mayor Wolf amended minutes #1069, page 4, second to last paragraph to read "In response to a TOWN COUNCIL MINUTES # 1 071 December 6, 1995 r , ~ L question from Town Manager Kleinert,..." 3. Monthly Investment Summary as of 10/31/95. 5. County Assessor's Neighborhood Review Program - Deny Request. 6. Adopt Resolution requesting consolidation for March 1996 election. MOTION: MOVED: VOTE: to adopt the Consent Calendar 'as amended Hennessy, seconded by Thompson AYES: Unanimous G. UNFINISHED BUSINESS 7. NEW TOWN HALL AND LffiRARY FACILITIES A. Processing Schedule: Planning Director Anderson reported at Council's workshop session of November 21, 1995, Staffwas requested to provide a best case scenario for processing the New Town Hall project. Anderson reviewed the four steps that must be taken and the best case scenario would have final approval of the project by mid-March. He noted that due to the General Plan amendment he would suggest a joint meeting of the Town Council and Planning Commission to maintain the mid-March approval date. Mayor Wolf opened the matter for public comment. There were none. Councilmember Thompson thanked staff for their work and stated he would like to adhere to the schedule presented by the Planning Director. In the interest oftime he supports a joint meeting of the Planning Commission and Town Council. MOTION: to adopt this schedule and opt for a joint meeting with the Planning Commission and Town Council to deal with the, General Plan issue Thompson, seconded by Hennessy AYES: Unanimous MOVED: Vote: B. CEQA. Story Poles & Planning Commission Issues: Planning Director Anderson responded to Councilmember Ginalski's memorandum dated November 22, 1995. He noted the Town did not want to "chop" the Town Hall and Library projects up, but CEQA's definition ofa project requires the Town Hall and Library to be considered separate projects. He noted the Town must do an initial study on the first project applied for and take into account cumulative impacts for projects that are know to the extent they can be addressed. At the time the initial study for the Library project began, the Town Hall had not been designed. With the design of the New Town Hall, an amended initial study for the Library project will be released next week, which will restart the 30 day review period. The Library project is scheduled for the Council's regular meeting of January 17, 1996. In regard to processing the New Town Hall application, Planning Director Anderson reported last Spring staff drafted an Ordinance for processing the Library project. The TOWN COUNCIL MINUTES #1071 December 6, 1995 2 r., l ~ h Ordinance would have exempted the Library from all aspects of the Zoning Ordinance and set the Town Council as the only body that would look at and approve the project. The Design Review Board would be given authority to look only at changes that have occured to the plan since their last review in 1993. He noted the Town Hall project can be basically dealt with the same way with the exception of the General Plan amendment and to a lesser extent the re-zoning, the Planning Commission will have to review these two items. He noted a draft Ordinance outlining this processing will be presented at Council's regular meeting of January 17, 1996. Attorney Sharp noted there is nothing in the law that would not allow the Town from proceeding in this manner. Sharp noted it is a policy question as to wether the Council wants the Planning Commission to look at this project before the Council. Councilmember Thayer noted he is all for moving the project along, but would like the benefit of the Planning Commission's review. After further discussion it was the consensus of the Council to hold a joint Council/Planning Commission meeting to look at the New Town Hall application after the 30 day waiting period has expired. Regarding story-poles, Town Manager Kleinert reported he has instructed Public Works to erect the story poles the last week of December for the Design Review Board's consideration the first week of January. C. Library Land Lease: Attorney Sharp reported it is appropriate to continue this public hearing to the first meeting in January 1996. He noted there are extensive insurance and indemnification requirements contained in this lease and the Library's attorney should be present in any negotiations. He encouraged the Council to keep their minds open to an out right conveyance because of the insurance an indemnification issues. He noted there will have to be a Planing Commission finding that disposition of the property is consistent with the General Plan. He noted there is a reversionary clause in the lease and the Town should look at the Library budget to make sure the building gets built and up and running. He reported there are questions with regard to the levels of insurance that the Town should require the Library Committee to maintain, i.e. default in the construction, 3rd party claims arising out of construction, etc. Mayor Wolf and Councilmember Thompson volunteered to serve as the Council's ad hoc committee to work with the Library Committee to resolve any lease issues. Dr. Rozen of the Library Committee reported he would like to start working with the Council subcommittee as soon as possible. The Library Committee plans on breaking ground in early Spring and they need to have official access to the property. 8. MILL VALLEY REFUSE SERVICES - EXTENSION OF FRANCHISE AGREEMENT Finance Director Stranzl reported this item is a request by Mill Valley Refuse to extend its TOWN COUNCIL MINUTES # 1 071 December 6, 1995 3 rr ~ lr franchise agreement, which expires 12/31/99, for five years to 12/31/05. He noted this extension agreement addresses some of the more modern aspects of the franchise. Al Bianchi, attorney for MY Refuse, reviewed the provisions of the revised franchise agreement. He reported that the Town is meeting its AB939 goals presently with the use of the green can program. Councilmember Thompson noted Section 10 of the agreement addresses the implementation of the green can program and questioned if the Town was going to proceed with the program. Mr. Bianchi responded that MY Refuse if offering to implement the program if desired. Councilmember Hennessy noted that the number of free pickups at the corporation yard is left blank. Mr. Bianchi responded that MY Refuse must provide Tiburonthe same level of services it provides other communities. Councilmember Ginalski questioned why there was no initial cost associated with the extra service programs in the Agreement. Mr. Bianchi noted MY Refuse would have to obtain approval of the Town Council for any costs for the services. Mayor Wolf opened the public hearing. Karen Nygren questioned if MY Refuse could provide the hazardous and solid waste program if the Marin County Solid Waste JP A is disbanded? Joe Keller, 699 Hilary Drive, reported his concerns have been addressed as it appears the Council has a line item veto over certain programs. There being no further public comment, Mayor Wolf closed the public hearing. Councilmember Ginalski expressed his concern with section 1O.A. dealing with the green can program. The section specifies a very specific 68-gallon can. He noted some residents will not use these large recepticals. He recommended more generic language such as "The collector agrees to provide a green can disposal program or such other program" . MOTION: to adopt the franchise extension subject to the modification of paragraph lOa Moved: Thayer, seconded by Hennessy Vote: AYES: Unanimous H. NEW BUSINESS 9. STREETS IMPROVEMENT PROGRAM Finance Director Stranzl reviewed two proposals to fund $2.5 million in street TOWN COUNCIL MINUTES #1071 December 6, 1995 4 r"' ~ l~ improvements. One method would be a 5-year pay as you go program. The other, 10 year bond financing, both supported by a special tax. He noted the bond financing program would cost property owners $109 a year for 10 years. The pay-as-you-go program would cost single family residential units, buildable lots and commercial parcels $147 a year for 5 years. Multiple units would pay $147 for the first unit and $72 for each additional unit. Discussion ensued regarding exemptions to the proposed tax. Planning Director Anderson reported there are 16 units in Tiburon Hills that are low-moderate income units. Councilmember Ginalski feels the list of the streets to be improved with this tax should be made available. Town Engineer Mohammadi stated he is not sure which streets would be included, but he would start with the IMS pavement study for the base. He did not support publishing the list of streets to be improved. Joe Keller, 699 Hilary, asked what percentage of votes would be needed to pass this tax. Mayor Wolf responded 66-2/3%. Karen Nygren questioned if Main Street would be included for repairs. Town Manager Kleinert responded that the Town will have to deal with Main Street separately. Councilmember Hennessy stated Main Street belongs to the entire community and does not want to see each business doubly taxed. Mayor Wolf questioned the Council if they prefer the 10 year bond plan or the pay-as- you-go plan, what units should be exempted, and wether a prepayment discount should be available. Councilmember Thayer stated he supports the pay-as-you-go differentiated plan providing exemptions for PG&E life-line customers and low-moderate income units and a prepayment discount of 5%. Councilmember Thompson agreed with Thayer. Mayor Wolf noted the Hilarita could be taxed on a pro-rata basis depending on the number of units that are occupied by low-moderate income earners. Councilmember Hennessy agreed with Thompson and Thayer but does not feel the Hilarita should be taxed. Council directed Staff to "fine tune" the 5-year pay-as-you-go differentiated option exempting non-buildable parcels, provide a prepayment discount, and determine if the units in Tiburon Hills and the Hilarita should be exempted based on wether they are designated low-moderate income units. TOWN COUNCIL MINUTES # 1 071 December 6, 1995 5 r~ [r ~ I. PUBLIC HEARING 10. HISTORICAL DESIGNATION OF NEWMAN PROPERTY Item continued to December 11, 1995. 11. FALSE ALARM ORDINANCE Chief of Police Herley reported he is recommending revising the current false alarm ordinance as it has become difficult to administer. He noted the program has not been successful in reducing the number of false alarms and has alienated the community against the police. He noted the current ordinance is too severe in terms of fines. He noted a task force of Councilmembers, alarm industry professionals, and police representatives have met and drafted the revised ordinance language. Mayor Wolf noted Section 29-10 (b) refers to a 24 hour period and (g) refers to one calendar day, and suggested they be consistent. ChiefHerley reviewed the revised penalties, noting they are more equitable. Councilmember Thompson expressed concern with the language in Section 29-11 which refers to the police having no obligation to respond to an alarm system which has been deemed a public nuisance. Dave Stollmeyer, 2332 Mar East stated this ordinance is much better than the present and other members of the alarm industry are in support of the revisions. MOTION: to read by title only Moved: Hennessy, Seconded by Thayer Vote: AYES: Unanimous Mayor Wolf read "AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TffiURON REPEALING CHAPTER 29 OF THE TffiURON MUNICIPAL CODE REGARDING ALARM SYSTEMS AND ENACTING A NEW CHAPTER 29". MOTION: to pass first reading Moved: Thompson, Seconded by Ginalski Vote: AYES: Hennessy, Ginalski, Thayer, Thompson, Wolf 12. AMENDMENTS TO CHAPTER 23 OF TIDURON TOWN CODE - REVISED TRAFFIC ORDINANCE Item continued to December 11, 1995. 13. AMENDMENTS TO CHAPTER 15A OF TIDURON TOWN CODE REGULATING TREES Item continued to December 11, 1995. TOWN COUNCIL MINUTES # 1 071 December 6, 1995 6 r ~ l- .; ,. a, - 4. [from Consent Calendar] NEW TOWN HALL - Reimburse James Gilliam Architects for Services Councilmember Ginalski questioned if this was for services authorized by the Council. Mayor Wolf stated if was for the February 4, 1995 workshop session which was autorized by the Council. MOTION: to approve Consent Calendar Item 4 Moved: Thompson, Seconded by Hennessy Vote: AYES: Hennessy, Thayer, Thompson, Wolf NOES: GiDalski J. COMMUNICATIONS 14. Letter From Redwood High School to Town Manager "Grad Night." Town Manager Kleinert reported in the past this matter has been referred to the Parks & Open Space Commission. K. STAFF & TOWN MANAGER REPORTS None. L. ADJOURNMENT There being no further business of the Town Council of the Town of Tiburon, Mayor Wolf adjourned the meeting at 10:00 PM, to Monday, December 11, 1995. /fL,'<-"; !.v4 NIeKY WOLF, MAYOR ATTEST: JL.-^-~ - rfr=I-M'~ HEIDI McVEIGH, MINUTE . RK TOWN COUNCIL MINUTES #1071 December 6, 1995 7