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HomeMy WebLinkAboutTC Min 2001-11-07 l' TOWN COUNCIL MINUTES CALL TO ORDER Mayor Thompson called the regular meeting of the Tiburon Town Council to order at 7:37 p.m. on Wednesday, November 7, 2001, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Bach, Matthews, Slavitz, Mayor Thompson Gram PRESENT: EX OFFICIO: Town Manager McIntyre, Town Attorney Danforth, Planning Director Anderson, Director of Public Works/Town Engineer Echols, Assistant to the Town Manager McVeigh, Town Clerk Crane Iacopi CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - CURRENT LITIGATION (Section 54956.9(a)) ,...... Zippin v, Town ofTiburon ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION. IF ANY Mayor Thompson announced that Marin County Superior Court had dismissed through summary judgment a lawsuit against the Town concerning drainage on private property (see reference above). ORAL COMMUNICATIONS . On behalf of the Tiburon Peninsula Foundation, Councilmember Bach presented Mayor Thompson with a check in the amount of $5,000 for Zelinsky Park. . Gary Runes, owner of apartment building on Mar West, asked Council to reconsider its ordinance requiring regular garbage collection for absentee tenants. . Robert Chandler, 695 Hilary Drive, complained of an ongoing construction project uphill from his residence, which he said would cause drainage problems later on to his property. . Chris Carter, Reed Union School District Superintendent, thanked the Town Council for its support of [the successful school bond] Measure C. She also congratulated the newly elected Town Councilmembers, and said Mogens Bach would be missed. - Town Council Minutes # 27-2001 November 7, 200 I Page I ,-... . Joe Keller, 699 Hilary Drive, asked the Council to look into requiring some screening and camouflage for the house at 30 Del Mar. He said it should never have been approved and was "the sore thumb of the neighborhood." CONSENT CALENDAR Mayor Thompson said that Item No.5 would be continued. 1. Approval of Town Council Minutes - October 17,2001 2. Approval of Town Council Minutes - October 22,2001 3. Recommendation by Town Manager - Adoption of Memorandum of Understanding between Town of Tiburon, Angel Island Ferry Service, Sam's Anchor Cafe, and the State of California Parks Service for Maintenance of Downtown Restrooms 4. Recommendation by Mayor - Amendment to Town Manager Employment Agreement 5. Recommendation by Town Attorney & Senior Planner - Design Review Approval of Fence Located at 223 Diviso Street pursuant to Agreement for the Settlement of Brieant et al. v. Heirs of Lyford et al ,-... 6. Recommendation by Town Attorney - Resolution to Accept Conveyance of Property Located at 32 Marsh Road as Part of the Town's Affordable Housing Program and Authorization for Town Manager to Sign Related Closing Documents (a) A Resolution of the Town Council of the Town of Tiburon Accepting Conveyance of Real Property from Bert Ritchie and Torii Lynn Soldate-Ritchie 7. Recommendation by Town Attorney - Approve Amicus Brief Request - Dewayne Cargill. et al. v. Metropolitan Water District of Southern California, et al. MOTION: Moved: Vote: To approve Consent Calendar Items 1,23,4,6 and 7 above. Slavitz, seconded by Bach A YES: Unanimous ABSENT: Gram PUBLIC HEARING 8. Recommendation by Planning Director - Approve Extension of Time for Filing a Precise Development Plan (PD#7) - 375 Taylor Road; John Walker, Applicant; Miranda Leonard, Owner; AP No. 38.182-42 -- Town Council Minutes # 27.2001 November 7. 2001 Page 2 r--. Planning Director Anderson said the Planning Commission had reviewed the request, had determined that there was no change since the previous extension, and had recommended approval. Anderson, noted, however, that the applicant had now submitted a Design Review application for one house on the 5.3 acre parcel. He said that Council's adoption of the resolution would give a one-year extension to the Precise Development Plan. Mayor Thompson opened and closed the public hearing. There was no public comment. MOTION: To adopt the resolution approving the fourth extension of time for implementation of Planned Development #7 at 375 Taylor Road (Ring Mountain Parcel G). Bach, seconded by Slavitz AYES: Unanimous ABSENT: Gram Moved: Vote: 9. Recommendation by Town Attorney - Amend Chapter 23 of Town Code Pertaining to the Hours of Use of Commercial Vehicles in the Downtown Area Introduction and First Reading of Ordinance (Read by Title Only) ,..... a) An Ordinance of the Town Council of the Town of Tiburon Amending Chapter 23 of the Tiburon Municipal Code to Restrict the Use of Trucks on Downtown Streets Town Attorney Danforth gave the Staff report. She said the proposed ordinance was a regulatory response to Council's direction to fmd a solution for complaints about noise in the downtown area which were heard at the October 3, 2001 Town Council meeting. Danforth said that although Council agreed with Staff that existing Town regulations could address many of these issues, the ordinance addressed a specific area (Main Street) and would extend to Juanita Lane and Tiburon Boulevard east of Beach Road. She said the ordinance would prohibit commercial vehicles in those locations between 10:00 p.m. and 8 :00 a.m. Monday through Friday and on holidays. She said that taxicabs, although technically "commercial vehicles," were specifically excluded from the ordinance. Town Attorney Danforth also said that the ordinance would impact garbage collection on Corinthian Island by restricting the only street exit [onto Main Street]. She said the Council could address this by creating an exception to the ordinance for refuse collection trucks exiting the Island. Mayor Thompson asked if Mill Valley Refuse had commented on the proposed inclusion of Corinthian Island in the ordinance. Town Manager McIntyre said MVRS was not aware of the exception and would probably oppose it. - Town Council Minutes # 27.2001 November 7, 2001 Page 3 - Ms. Danforth said that Council had also directed Staff to obtain information about gas-powered leaf blowers which would be addressed separately at another hearing. Mayor Thompson opened the public hearing. Wayne Howard, 750 Hilary Drive, said the proposed regulations should not only apply to the downtown area but needed to be extended to the neighborhoods. Mr. Howard questioned why a ban on construction noise until 7:00 a.m. should be later than the starting time allowed for garbage pick-up. He said that the noise created by the dumpster pick up at St. Hilary School on Monday, Wednesday and Friday mornings was the problem, rather than the regular can pick up. However, because the regular collection day in the neighborhood was on Tuesday, he said that meant there were four days of noise from garbage collection in their neighborhood, not to mention recycling pick up on Thursdays. George Swift, 71 Eastview Avenue, thanked the Council for its attention to the noise issue in the downtown area and said that the other neighborhoods deserved the same consideration. He also said that the issue of "unreasonably loud noise, with or without permits" needed to be addressed, and that all of the delivery companies and suppliers should be informed of the new regulations pertaining to the downtown area. ,- The General Manager of Guaymas Restaurant said that his restaurant was willing to work with the Town on the noise complaints but that it bothered him that the police came into the restaurant while music was playing during events. He said that in the past he was told that music could go until 11 :00 p.m. and he asked that Council clarifY exactly what the regulations were. He also said that his restaurant was being blamed for the noise from bottle recycling and asked what the regulations were concerning this kind of collection (which he said took place at 8:00 or 9:00 p.m. in the evening). Mayor Thompson directed Staff to respond to these questions directly. Carla Howard, 750 Hilary Drive, underscored her husband's remarks. She said that it was unreasonable to be awakened at 5 :00 or 5: 15 a.m. in a residential area by a utility that [supposedly] served the community and that it constituted "cruel and unusual punishment." Ms. Howard acknowledged that St. Hilary School had moved their dumpsters to the back to try to help alleviate the problem, but she said the noise was still so bad that 30 decibel ear plugs did not even work. Ms. Howard suggested that "Rubbermaid" dumpsters might help solve the problem. Councilmember Bach agreed with Ms. Howard that this situation was "cruel" but not unusual due to the nature of garbage collection in this and other communities. He said that changing the times at one end of Town would only affect another end of Town. - Vice Mayor Matthews suggested that Staff look into the issue of using a different kind of Town Council Minutes # 27.2001 November 7, 2001 Page 4 "" dumpster and report back to the Council. He also said that the issue of noise from garbage collection should be "kept alive" and addressed in the future with regard to the other neighborhoods. Matthews said the ordinance before Council was a "first step" in addressing the overall issue. Councilmember Bach concurred and conceded that some renegotiation might be required with Mill Valley Refuse (with regard to dumpsters, etc.). However, he warned that increasing the time of garbage collection (by pushing the times forward) would invariably result in a rate increase. Councilmember Slavitz said that Mill Valley Refuse already had an unwritten agreement regarding garbage collection times downtown and assumed that they would be amenable to further negotiations. Mayor Thompson cautioned against "micromanaging" the business of garbage collection but said that the ordinance was appropriate. He also directed Staff to work with Mill Valley Refuse to determine who manufactured the dumpsters and how they could be altered. In response to a question from Council, Town Attorney Danforth said that violation of the [collection and delivery] times in the ordinance would result in an infraction or administrative citation in the amount of $1 03 per violation. - Town Attorney Danforth asked Council what its decision was with regard to the exception of vehicles exiting from Corinthian Island. Council concurred that subsection (c) should be added to the ordinance, which would read as follows: MOTION: Moved: Vote: "(c) Notwithstanding anything in this section to the contrary, a commercial vehicle authorized by the Town to collect refuse and/or recyclables on Corinthian Island may travel along Main Street and Tiburon Boulevard for the sole purpose of exiting Corinthian Island after such authorized collection." To read ordinance, amended above, by title only. Bach, seconded by Slavitz AYES: Unanimous ABSENT: Gram Mayor Thompson read, "An Ordinance of the Town Council of the Town of Tiburon Amending Chapter 23 of the Tiburon Municipal Code to Restrict the use of Trucks on Downtown Streets." - MOTION: Moved: Vote: To pass first reading of the above ordinance. Slavitz, seconded by Bach A YES: Bach, Matthews, Slavitz, Thompson ABSENT: Gram Town Council Minutes # 27-2001 November 7, 2001 Page 5 ""' Mr. & Mrs. Howard asked who at Town Hall they could contact regarding their noise complaints and the possible redesign of the dumpsters. Town Manager McIntyre said they could contact him directly. 10. Recommendation by Town Attorney - Add Chapter 24 to Town Code Providing that Property Owners Shall be Directly Liable to the Public for the Maintenance of Sidewalks Second Reading and Adoption of Ordinance (Read by Title Only) (a) An Ordinance of the Town Council of the Town of Tiburon Adding Chapter 24 of the Tiburon Municipal Code Regarding Maintenance of Sidewalks Town Attorney Danforth said that Council had passed first reading of the ordinance, based upon the recommendation of its insurer, ABAG (the Association of Bay Area Governments). Councilmember Bach sought clarification on the issue of who was responsible for "fixing" broken sidewalks. Town Attorney Danforth said that under State Law the adjoining property owner was responsible. r- Mayor Thompson opened the public hearing. John Kern, Stewart Drive, said that "an amazing number of people" had no idea where their property lines were. He also stated that there were "lots of trees on Town property" that were tearing up the sidewalks. He advised Council to inform the public of their responsibility and where their property lines were. Priscilla Tripp, 104 Howard Drive, said she thought it was "weird" that although the sidewalks were public property they had to be maintained by private property owners. She asked what happened if the Town did not maintain the sidewalks and they then deteriorated, or on the other hand, what if the property owners decided to remove a sidewalk or paint it. Mayor Thompson pointed out that the sidewalks were usually built by the developers of subdivisions for the benefit of those people within the subdivisions. Town Attorney Danforth said that the sidewalks were then generally subject to some sort of [public right of way] easement once the subdivisions were approved by the Town, but said that there was no prohibition to "painting" a sidewalk. Ms. Tripp asked if there was any difference between the treatment of sidewalks in commercial or residential areas under the law. Ms. Danforth said there was none. - Ms. Tripp said that the City of Belvedere had an ordinance which made property owners responsible for the maintenance or sidewalks but did not force the liability issue on them, which Town Council Minutes # 27.2001 November 7, 2001 Page 6 - was a more "friendly" approach. She said the proposed Tiburon ordinance was "a mean thing to do" to property owners. Town Attorney Danforth said that "liability follows duty." However, she said that even though State Law clearly put the burden of maintenance on the property owner, the courts had ruled otherwise, and that unless the Town passed this or a similar ordinance, liability would revert to the Town; Danforth agreed, however, that more public education was needed. Vice Mayor Matthews said the ordinance merely "closed the loop" on the liability issue. Mayor Thompson agreed and said the Town should work with the citizenry to inform them of these issues. MOTION: Moved: Vote: To read above ordinance by title only. Slavitz, seconded by Matthews AYES: Unanimous ABSENT: Gram Mayor Thompson read, "An Ordinance of the Town Council of the Town of Tiburon adding Chapter 24 of the Tiburon Municipal Code Regarding Maintenance of Sidewalks." ,-.. MOTION: Moved: Vote: To adopt above ordinance. Bach, seconded by Slavitz AYES: Bach, Matthews, Slavitz, Thompson ABSENT: Gram REGULAR AGENDA 11. Report by Planning Director and Building Official - Review of Policy for Fines Related to Building Permit Extensions Mayor Thompson said that Councilmember Gram had asked that the item be continued to the next regular meeting due to his absence. Council agreed. 12. Report by Chief of Police - Review of Tiburon Peninsula Traffic Committee Report and Traffic Safety Committee Recommendations Mayor Thompson praised Staff for its extra efforts on the matter and also thanked the traffic consultant, Dalene Whitlock, RUSD Boardmember Grace Livingston, Peninsula Traffic Committee member Katie Vogelheim, Committee Chair Bill McLaughlin and the neighborhood representatives, RUSD Superintendent Chris Carter, and others, for all their hard work. ,-.. Thompson said it was important to keep in mind that changing driver behavior continued to be an important factor, but that Council would first focus its attention on infrastructure improvements. Town Council Minutes # 27-2001 November 7, 2001 Page 7 r--- Planning Director Anderson delivered the report. He listed the problems as they were identified by the traffic consultant, Dalene Whitlock and the Tiburon Peninsula Traffic Committee (comprised of representatives from the Town of Tiburon, Reed Union School District, the City of Belvedere, and St. Hilary School), presented the recommendations and findings from the public meetings held at each location, and finally, reviewed the recommendations by the Town's Traffic Safety Committee for area.wide improvements, as well as improvements to each of the school sites (St. Hilary, Reed, Bel Aire, and Del Mar). Anderson said that due to the complexity of issues related to the Del Mar School area, the recommendations would be reformulated and addressed separately after the Traffic Safety Committee had been able to meet again with neighborhood representatives. Anderson also noted that the Town Council had authorized additional funds for W. Trans [traffic consulting firm] to prepare cost estimates for certain improvements identified in the report. With regard to area-wide improvements, Anderson said that previous traffic studies had recommended coordination of all traffic signals along Tiburon Boulevard, and that this was one of the current suggested improvements. He said that other actions already implemented by the Town as a result of the study were the installation of reflective signage at all of the school sites, and the assistance of the Tiburon Police Department in directing traffic at the school sites. __ Mayor Thompson opened the public hearing. Joe Keller, Hilary Drive, urged Council to "proceed modestly" with the recommendations for signage and new sidewalks in that neighborhood. He suggested giving St. Hilary School time to encourage bike and foot traffic before any improvements were undertaken and he said that all of the "stuff' recommended in the report might not be necessary in their neighborhood. Mayor Thompson closed the public hearing. Reed Superintendent Chris Carter responded to Council's questions concerning improvements in the Bel Aire School neighborhood. She said that the successful bond measure included money for a survey of the area (in order to widen the driveway approach), but that the issue of where the busses could load and unload still needed to be addressed. Mayor Thompson also noted the "precarious" nature of the intersection at Blackfield Drive and said that someone on the Bicycle Pedestrian Advisory Committee had suggested building a bridge over Tiburon Boulevard to alleviate this problem. Council discussed the idea of adding sidewalks in certain areas, such as vicinity of Tiburon Boulevard heading toward Blackfield Drive, Rock Hill Drive (from Tiburon Boulevard), and across from Ned's Way. It was noted that the Town might not have jurisdiction over some of these areas. Council also discussed the issue of signalization along Tiburon Boulevard. - Town Council Minutes # 27-2001 November 7, 2001 Page 8 ".... Concerns were expressed by Council about the stated cost estimates of the aforementioned improvements. Director of Public Works/Town Engineer Echols said that more detailed estimates could be obtained for the sidewalk construction work. He also explained the different kinds of signal programming and said that the one recommended in the report was relatively inexpensive. Planning Director Anderson noted that the Town received fees from developers for signal coordination under the General Plan, and said that $15,000 or more existed in the fund currently. Echols said he would recommend moving forward with the right.turn lane overlap phase of the proposed recommendations, then the sidewalk improvements (for which grant funding might be available, although surveys should be obtained first). Councilmember Slavitz asked about the possibility of utilizing a grant writer. Town Manager McIntyre said that he had discussed this issue with RUSD Superintendent Carter and that they both realized they did not have the Staff to devote to grant writing. McIntyre proposed "teaming up" with the City of Belvedere, St. Hilary School, RUSD and the Town to see how to proceed. Anderson's report and the recommendations listed in the report were accepted with the following Council direction: ".... . a) to proceed in phases; . b) to coordinate construction and planning with RUSD; . c) to implement "low cost" items first; . d) to seek grant funding for [new] sidewalks; . e) to get actual bids and seek to lower costs for overlaps and signal coordination; . f) to return with implementation plan at the next regular meeting. 13. Request by Tiburon Peninsula Chamber of Commerce - Receipt of Transit Occupancy Tax from Water's Edge Hotel Chamber President Jim Bryant proposed that the Town Council authorize the Chamber to receive 1 % of the 10% transient occupancy tax generated from the new Waters Edge Hotel. He said the Chamber had used these (TOT) funds in the past to promote tourism and that the current funds, if approved, would be targeted to bringing local shoppers to the downtown area. He said this would result in increased sales and therefore increased revenue (from sales tax) to the Town. No action was taken by Council at this time. 14. Report by Mayor- BCDC Meeting of October 17, 2001 concerning "Anchor Outs" and Richardson Bay Specific Area Plan - . Mayor Thompson reported that no changes had been made to the Plan at BCDC's October 17 Town Council Minutes # 27-2001 November 7, 2001 Page 9 -- meeting and that no further action was required by Council at this time. . Vice Mayor Matthews reported on the progress ofthe downtown Fountain Steering Committee and alerted Council that the Heritage & Arts Commission would request additional funding for the artist selection process. WRITTEN COMMUNICATIONS Town Council Weekly Digest - October 19, 2001 Town Council Weekly Digest - October 26, 2001 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Thompson adjourned the meeting at 10:04 p.m. in memory of Stewart Hopkins and Don Tayer, sine die. ,MAYOR -- . D - Town Council Minutes # 27-2001 November 7, 200 I Page 10