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HomeMy WebLinkAboutTC Min 1995-05-17 r TOWN COUNCIL MINUTES CALL TO ORDER Mayor Thompson called the regular meeting of the Town Council of the Town of Tiburon to order at 7:35 p.m., Wednesday, May 17, 1995 in Council Chambers, 1101 Tiburon Blvd., Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Ginalski, Nygren; Thayer, Thompson, Wolf ABSENT: COUNCILMEMBERS: None EX OFFICIO: Town Manager Kleinert, Town Attorney Ewing, Police Chief Herley, Finance Director Stranzl, Planning Director Anderson, Town Engineer Mohammadi, Public Works Superintendent Iacopi, Town Clerk Crane B. INTRODUCTION OF NEW TOWN EMPLOYEES ~ l.a) Public Works Superintendent Iacopi introduced new Maintenance Worker I Jennifer Kielar, saying she had scored the highest on both written and oral tests of all 21 applicants for the position. b) Planning Director Anderson introduced new building inspector Bill Talley, formerly with the Town of Corte Madera. C. APPOINTMENTS TO COMMISSIONS, BOARDS. COMMITTEES 2. Council approved RUSD designee Richard Rosen as the at-large delegate to the New Library Board of Trustees. D. PUBLIC QUESTIONS AND COMMENTS None. E. COUNCIL. COMMISSION OR COMMITTEE ORAL REPORTS ~ 4. Wayne Snow, Chairman of the Parks and Open Space Commission, recommended approval of the Barbara Meislin Swing Bench, and reported that the Commission had discussed the placement of Blackie's statue and proposed Marsh Restoration Plan. Councilmember Nygren had some questions about the alternatives listed in the Williams & Associates letter to the Audubon Society (re the Marsh). TOWN COUNCIL MINUTES #1051 5/17/95 1 ,,-.., , Chairman Snow said the report had not yet had a public hearing, so he was unable to comment on the direction the Commission might take. Councilmember Thayer asked for clarification on the placement of Blackie's statue, and was told that the ultimate placement of the statue would depend on the final Marsh Plan. On a separate issue, Councilmember Thayer reported to the Council that the Board of Supervisors had approved the largest ever grant of Community Development money ($82,435) to the Hilarita. He noted that it was an indication of the County's support for that project in the face of potential loss of federal funds. F. CONSENT CALENDAR 5. RESOLUTION DENYING APPEAL/GRANTING VARIANCE (Bronte) 6. VISTA TIBURON SUBDIVISION (Final Map/Resolution) 7. MINUTES #1050, May 3, 1995 (Page 6, Item 9 Amended per Councilmember Wolf) Councilmember Thayer moved for approval of Items 5, 6 & 7 (above), seconded by Council member Wolf. All ayes were recorded, except for Councilmember Nygren, who abstained from voting on Item 6 due to proximity conflict. I. Town Manager Kleinert asked for an item to be added the Consent Calendar regarding the Belveron Gardens pump station and sewer rehabilitation project. Council asked for time to review the project, previously agreed to in concept, at a future meeting. Item was set for hearing on May 23, at 7:15 p.m. Council requested that residents adjacent to project be notified of the meeting. ~. Item 8 (Major Crimes Task Force) was moved off the Consent Calendar. 3. a) Council returned to Committee Reports. Janet Braff, Chair of the Heritage and Arts Commission, gave a report on the newly completed Walking Tour Brpchure. Michael Heckmann, architect and contributor of artwork to the brochure, also' gave a brief report. Copies of the brochure were made available to those present, and will be available at various locations in Town. Red & White Fleet bought 25,000 of the 50,000 copies printed. Councilmember Nygren and Mayor Thompson thanked the Commission for their efforts, and Town Manager Kleinert thanked the Commission on behalf of the Chamber and the business community. G. PUBLIC HEARING Ir- 9. GREEN CAN PROGRAM. Town Manager Kleinert gave the staff report prior to the second public hearing on the proposed yard waste removal ("Green can") program. He reiterated some of the concerns expressed by the public at the April 19 hearing and gave staffs responses. He stated that other Marin County communities had TOWN COUNCIL MINUTES #1051 5/17/95 2 f"" I introduced similar programs and were happy with them, and that the community had an obligation to support such a program in order to raise the Town's 1994 30% diversion rate to the 50% mandate by the year 2000. He said that if the program was instituted on an optional basis it would drive up the overall cost. Rick Powell, General Manager of Mill Valley Refuse Service (MVRS) stated that Marin Resource Recovery in San Rafael now composts all clean yard waste, as well as wood waste. He estimated that ~ood waste probably represents 80% of total yard waste. Mr. Powell also offered two new features to the proposed Green Can service: 1) a 20 gallon mini-can (which could be used in conjunction with the Green Can for a lower the garbage rate of $11.86 per month); 2) MVRS will pick up one tied bundle of yard waste, maximum 5' long and 1-1/2' in diameter, biweekly. (The latter was in response to concerns expressed at the April 19 hearing about having to further cut and break down large branches, etc.) He also stated that MVRS currently has "hardship" service for people who cannot bring their cans to the curb, and the company would offer the same service as part of the Green Can program upon demonstrable need. There would be no upfront cost to residents in the pilot program, but Powell estimated the cost of doing a pilot program at $15,000. At the end of the pilot program, MVRS will send out a questionnaire asking for comments about the program. If the program is canceled, the cost would have to be taken into account somehow . h Mayor Thompson opened the public hearing. Frank Allsinger, 525 Comstock Drive, stated that he liked the quarterly yard waste pick-ups and wanted to keep them. He questioned why MVRS (or any sanitation company) needed to raise rates and asked why they couldn't just slash the garbage bags to see if the trash was yard waste or not. Ellen Hall, 8 South ridge West, was concerned about being able to fill the, Green Cans on a biweekly basis. . Fran Mayberry, 1494 Vistazo West, expressed concerns on behalf of her neighbors as to shortage of storage space and unsightliness of the Green Can. She stated they would be more cooperative if they could use bags instead of cans. Joy Easom, 1828 Lagoon View Drive, expressed concern about getting the can up their steep driveway, and asked where to put it since they have no sidewalk. She, too, would prefer bags. ~ Rick Powell responded to the comments and stated the company's concern about potential workers' compensation claims if bags had to be lifted manually by the sanitation workers. TOWN COUNCIL MINUTES #1051 5/17/95 3 r Mirella Abbo, 90 Raleigh Circle, wanted the Del Mar area to be included in the pilot program. She said that even though the neighborhood currently recycles and takes trash to the landfill, she has heard mostly negative feedback about the Green Can program. Eric Schmidt, Silverado Drive, said that composting was the answer to the yard waste problem and that he didn't want to pay for a program he wouldn't use. Hearing returned to CounciL Councilmember Ginalski asked about printing bags with the word "Green." Councilmember Wolf stated that the Green Can program was premature and should be instituted as a last resort after a) increased recycling, especially in the business district, b) education to discourage residents from taking clean yard waste landfill, c) the bags versus can option was explored, and d) composting was promoted. She thought the program should be voluntary at first and, if necessary, changed to involuntary if the percentages didn't rise. Rick Powell said that he had worked with Town Manager Kleinert to increase commercial recycling in Town with some success in that area, but that the 30% current rate would remain flat unless something like the Green Can program was instituted. ~ Council thanked Mr. Powell and MVRS for the Green Can proposal and their willingness to work with the Town. Town Manager Kleinert proposed returning to Council with specific details and list of neighborhoods for the pilot program. H. UNFINISHED BUSINESS 11. CA YFORD PEDESTRIAN/DRAINAGE EASEMENT. Town Engineer Mohammadi gave the staff report on the history and current status of the proposed project. A culvert had been installed on what turned out to be a legal lot, not a street, as shown on the County Assessor's map. The new owner of the lot, Mr. Weiss, has asked the Town to relocate the pipe in exchange for a waiver of building permit f~es and an easement on the property. ' Mayor Thompson opened the public hearing. Bruce Hall, 8 South ridge West, asked whether a residence could be built on the lot. Ann Ross, 16 Reed Ranch Road, wanted to know whether it was two lots or one, and why the purchaser didn't know about the drainage issue. (Town Attorney Ewing said Mr. Weiss had approached the Town about removal of the pipe while the property was in escrow.) ~ Other neighbors expressed concerns about the Town installing lights on the proposed pathway, whether the pathway had to be paved or not, the current use of the TOWN COUNCIL MINUTES #1051 5/17/95 4 r lot by dogs and for dumping garbage. Town Engineer Mohammadi said that paving the path made it easier to maintain, and the width was specified to be able to drive trucks on it. Mr. Weiss gave his comments and suggested changing the angle of the path at one end to coirtcide with an existing sidewalk. Hearing returned to CounciL Council concurred that negotiations should continue between the Town and Mr. Weiss, and directed that the matter be turned over to the Legal Subcommittee (consisting of Councilmember Ginalski and Thayer). 12. FERRY DOCK REALIGNMENT. Attorney Ewing gave the staff report, reiterating that $700,000 had been awarded to the Town by CALTRANS in May, 1993 to build a new ferry dock. One of the State's conditions was that the dock be public, not private, and therefore it became subject to ADA (Americans with Disabilities Act) regulations. In order to comply to ADA regulations, a plan for a larger dock was developed. t Attorney Ewing addressed the issues of the size of the proposed new dock, and its location closer to the shore (near Point Tiburon Bayside development). He also informed Council that a lease between the Town and Mr. Zelinsky was being formalized to ensure that the $1200 monthly fee currently paid by Red & White Fleet to Mr. Zelinsky (for the easement on his property to access the dock) would be transferable to a successor company. He stated that, in his opinion, there was nothing in the Point Tiburon Subdivision Lease Agreement that precluded construction of a new dock. He felt that the language pertaining to other construction and obstruction of view applied to the shoreline park (across from Point Tiburon). , Finally, Attorney Ewing said that the entire project would go before the Design Review Board this summer, but asked for Council's direction as to the extent and amount of money that should be spent on (further) design and engineering fees. (Council had previously directed to keep fees at a minimum.) He stated the other considerations as: 1) a two-year limit on project implementation tied to the CALTRANS fees; and 2) suggested that Council decide whether or not it wanted to proceed with the project before any more fees were incurred. r~ Council asked for clarification about ADA regulations and the reason for building a new dock in the first place. Council member Nygren asked about what would happen if the DRB rejected the plan. (Attorney Ewing said that Town staff would appeal the decision to Council.) Councilmember Ginalski asked whether the two lots owned by the Town where the new dock would be built were encumbered by Open Space restrictions. TOWN COUNCIL MINUTES #1051 5/17/95 5 r I (Attorney Ewing said no.) Mayor Thompson asked why the gock had to be so long. (Carolyn Horton, from Red & White, said it was necessary to achieve a 1 in 12 slope for ramping. ) Mayor Thompson opened the public hearing. John Y oeman, 107 Paradise Drive, expressed concerns about diesel fumes, soot, and the location of the proposed dock being too close to the bedrooms (of some) Bayside condominiums. His other concerns were the east/west placement of the dock in open water, possible larger vessels if Red & Whi~e is sold, and degradation of property values. ' Mr. Y oeman stated that the homeowners would like to see more full-scale drawings of the proposed dock and suggested that each Bayside homeowner be notified of meetings and receive information directly, rather than relying on their association. He also suggested that the Town look at the dock constructed by Pacific Marine Yachts in San Francisco that was built to comply with ADA regulations because it seemed like a good design. (Attorney Ewing said the same engineer had designed the proposed new dock for Tiburon.) He also proposed raising the dock to require. less angle in ramping. J--- John Schaller, 102 Paradise Drive, stated he thought the new dock would be an imposing structure from Shoreline Park and would obstruct the view corridor for both the public and the homeowners. He urged the Council to reject the new dock unless there was a compelling need to build it. Hearing returned to Council. Councilmember Nygren stated her preference to have the dock totally within the Town's right of way to avoid having an easement and making payments to Main Street Properties. (Attorney Ewing pointed out that to do this would move the dock closer to Point Tiburon.) Councilmember Thayer said he was not willing to renegotiate the easement payments to Zelinsky. Councilmember Ginalski said he thought that any negotiations would be premature at this point. Mayor Thompson agreed. Attorney Ewing suggested to Council that he meet with the engineers and Red & White Fleet in order to answer some of the questions raised by Council and the public, and to return to Council with that information. Council directed him to proceed. 8. MAJOR CRIMES TASK FORCE (Adopt Revised JP A - Resolution). Town Manager Kleinert and Police Chief Herley recommended adoption of the resolution and execution of the new JP A which follows the recommendations of the Federal Government's audit and the Civil Grand Jury. Councilmember Thayer made a motion, seconded by Councilmember Wolf. All ayes were recorded. l,- 10. FY95-96 TOWN BUDGET. Town Manager Kleinert gave an overview of the TOWN COUNCIL MINUTES #1051 5/17/95 6 ",......... I highlights of the upcoming year's budget, and stated that the budget was balanced. The first budget hearing will be on May 31 (Operating Departments). The second budget hearing was rescheduled from June 13 to Monday, June 12, to avoid a conflict with the Parks and Open Space meeting. I. COMMUNICATIONS 13. FIRE DEPARTMENT TRIA THALON PERMIT 14. HILLHA VEN PROPERTY OWNERS' ASSOC. MINUTES Council duly noted. 15. MARIN ECONOMIC COMMITTEE. Mayor Thompson will return to Council in June or July with representatives from the committee for brief presentation pertaining to Tiburon. 16. CONFLICT OF INTEREST RULES AND REGULATIONS. Council member Ginalski thought that the item was to be agendized for discussion and policymaking. Council decided to follow State conflict of interest rules and agreed not to agendize. r 17. NEW TOWN CENTER INFORMATIONAL MAILER. Town Manager Kleinert gave a brief report on the cost of th~ first mailer and stated that a complaint had been made to the County Clerk because the Town had sent out the mailer. Attorney Ewing said it was increasingly difficult to keep the mailers impartial, and said that case law stated the closer it is to an election, the more likely it is to be perceived as advocacy. Councilmember Thayer stated that the Town had done mailers for Measures M & I and no complaints had been filed. Council told Town Manager Kleinert and Town Attorney Ewing to proceed with the second mailer. Council adjourned to Closed Session at 11:35 p.m. There being no further business before the Town Council, Mayor Thompson adjourned the meeting at 12:00 a.m. to May 23, 1995, for an Adjourned Special Meeting of the Planning Commission and Town Council regarding the Harroman Property. ~~7~ MAYOR ANDREW THOMPSON , ATTEST: DIANE L. CRANE, TOWN CLERK ,-... TOWN COUNCIL MINUTES #1051 5/17/95 7