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HomeMy WebLinkAboutTC Min 2001-08-01 , r . - , TOWN COUNCIL MINUTES CALL TO ORDER Mayor Thompson called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, August 1,2001, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Bach, Gram, Matthews, Slavitz, Mayor Thompson PRESENT: EX OFFICIO: Town Manager McIntyre, Town Attorney Danforth, Planning Director Anderson, Finance Director Stranzl, Chief of Police Odetto, Town Clerk Crane Iacopi CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - CURRENT LITIGATION (Section 54956.9(a)) "..... Town ofTiburon v. American Coach Builders Jackson v. Town ofTiburon Zippin v. Town ofTiburon CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION (Section 54956. 9(b)) Name of Claimant: David Connors Name of Claimant: Lucy Forbush Name of Claimant: Barbara Starrett Name of Claimant: Ed Karlan Name of Claimant: Frances Lovejoy CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Section 54956.8) Assessor's Parcel Number: 055-131-19 Property Owners: Pine Terrace Property Owners Subject: Instructions to Negotiator concerning price and terms of payment /"" PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Section 54957) Title: Town Attorney Town Council Minutes #21-2001 August I, 2001 Page I y ,:'. , - INTERVIEWS BICYCLE PEDESTRIAN ADVISORY COMMITTEE - (One Vacancy) . Petey Stein, 12 Mariner Way ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION. IF ANY Mayor Thompson said that no action was taken in closed session. ORAL COMMUNICA nONS Jim Bryant, 403 Hilary Drive, asked Council to consider the creation of a "Town Artist" designation and Professor Jimmy Liu as its first designee. He said the idea had precedent with the Town Poet Laureate designation previously bestowed on David Teather. Council said they would ask for a recommendation from the Heritage & Arts Commission. Mr. Bryant noted that Mr. Liu's 91" birthday would take place on September 23,2001. John Kern, Stewart Drive, reported that the undergrounding of utilities project would commence next week and that locations had been determined for equipment storage (portion of Sonora Court) and clean fill (Blackie's Pasture near the Trestle). .-. APPOINTMENTS TO BOARDS. COMMISSIONS & COMMITTEES BICYCLE PEDESTRIAN ADVISORY COMMITTEE - (One Vacancy) MOTION: Moved: Vote: To appoint Peyton ("Petey") Stein to the Committee. Bach, Seconded by Slavitz AYES: Unanimous CONSENT CALENDAR Councilmember Bach asked for Item 5 to be removed for further discussion. (1) Approval of Town Council Minutes - June 20, 2001 (2) Recommendation by Planning Director. Request for Waiver of Annexation -7 Playa Verde; Lands of Indelicato - AP #39-191-08 (3) Recommendation by Planning Director - Approval of Parcel Map for Two.lot Subdivision Address: 420 Ridge Road Owners: Edward and Paula Little Subdivision "...... Town Council Minutes #21.2001 August I, 2001 Page 2 ~--~- - , r - (4) Recommendation by Planning Director - Approval of Contract to Prepare an EIR in Conjunction with the Preparation of the Sorokko Precise Development Plan - 3820 Paradise Drive (5) Recommendation by Planning Director - Approval of Conceptual Design for Downtown Pedestrian Access Focused on Main Street Parking Lot and Related Request for Budget Amendment MOTION: Moved: Vote: To approve Item Nos. 1 through 4 of Consent Calendar Bach, Seconded by Slavitz AYES: Unanimous ABSTAIN: Bach, June 20, 2001 Minutes PUBLIC HEARING (6) Recommendation by Town Manager - 2001 Garbage Collection Rate Application - Mill Valley Refuse Service, Inc. - Continued from July 18, 2001 (a) Amendment to the Franchise Agreement between the Town of Tiburon and Mill Valley Refuse, Inc. I'"' Town Manager McIntyre said the company was entitled to a rate increase under the terms of the franchise agreement with the Town to cover the rising cost of doing business. He said a consultant hired by Mill Valley Refuse to study the current rate structure confirmed the 4.98% proposed rate increase, which would affect all rates except recycling. McIntyre recommended approval of the increase. Mayor Thompson asked whether it was appropriate to raise the issue of noise from garbage collection in the downtown area that had been voiced by citizens at the last Council meeting. Town Manager McIntyre said that representatives from Mill Valley Refuse had been present during that hearing and he felt certain that Town Staff could work with the company to find a solution. Town Attorney Danforth clarified that the franchise agreement said that the company could collect garbage between 5:00 a.m. and 5:00 p.m., and that it could apply for a rate increase based on changes to its operating costs. Therefore, she recommended that the issue of noise be dealt with apart from the discussion of the amendment to the franchise agreement. Rick Powell, representing Mill Valley Refuse Service, said the company would be willing to meet with Staff or a committee to discuss the noise issue. However, he pointed out that at the aforementioned hearing, public testimony confirmed that garbage collection was only a "small part" of the problem. ,,-.. Town Council Minutes #21.2001 August I, 2001 Page 3 . ----- - , - Councilmember Gram, following up on Town Attorney Danforth's comments, asked about the term of the franchise agreement and was told it was for 8 years each time it was amended. Gram noted that it would not be possible to change the hours of pick-up or collection at the current time. However, Councilmember Gram asked the representatives of Mill Valley Refuse not to "downplay" their part in the noise issue downtown, because it was a bigger problem than they realized and one that the Council had to become involved in. On the issue of the proposed rate increase, Rick Powell said the last increase was 3% for two years, but that prior to that time, there had been no increase for four years. Mayor Thompson opened and closed the public hearing. There was no public comment. MOTION: To approve the proposed rate increase and amendment to the Mill Valley Refuse Service Franchise Agreement. Bach, Seconded by Matthews A YES: Unanimous Moved: Vote: I'"' (7) Recommendation by Traffic Safety Committee - Amend Town Code to Prohibit Overnight Recreational Vehicle Parking on Town Streets Introduction and first reading of Ordinance (a) An Ordinance of the Town Council of the town of Tiburon Amending Chapter 23 of the Tiburon Municipal Code to Prohibit the Overnight Parking of Oversized Vehicles Chief of Police Odetto gave the Staff report. He said the impetus for changing the ordinance had come from complaints heard by the Traffic Safety Committee about the difficulty of parking in Old Tiburon. He said the Fire Department testified that oversized vehicles parked on narrow streets presented a safety issue in that is was difficult for fire trucks to pass, therefore, it was the consensus of the Committee to recommend a prohibition on overnight parking of vehicles over 20 feet on Town streets. Councilmember Gram asked whether the size limit pertained to single vehicles or combinations of vehicles and trailers. Chief Odetto said it would limit both. Vice Mayor Matthews asked if there was any reason not to pass such an ordinance. I'"' ChiefOdetto said the Town Code still allowed RV's or oversized vehicles to be parked on private property. Planning Director Anderson noted that proper visual screening was required, however, from the pubic right.of.way. Councilmember Gram also noted that some CC&R's prohibited parking of oversized vehicles. Town Council Minutes #21-2001 August I, 2001 Page 4 - , The Chief of Police also told Council that the amended ordinance contemplated allowing visitors or overnight guests with oversized vehicles to obtain a (free) permit to park from the Tiburon Police. Councilmember Slavitz asked what residents should do with their oversized vehicles if they did not have a garage or storage area. Chief Odetto said they should seek alternate locations, such as public storage facilities. Mayor Thompson opened and closed the public hearing. There was no public comment. MOTION: Moved: Vote: To read ordinance by title only. Matthews, Seconded by Slavitz AYES: Unanimous Mayor Thompson read, "An Ordinance of the Town Council of the Town of Tiburon Amending Chapter 23 of the Tiburon Municipal Code to Prohibit the Overnight Parking of Oversized Vehicles." MOTION: Moved: Vote: 1'"', To pass first reading of above Ordinance. Gram, Seconded by Bach A YES: Bach, Gram, Matthews, Slavitz, Thompson NOES: None REGULAR AGENDA (8) Recommendation by Town Manager and Finance Director. Proposed Town Policies Continued from July 18, 2001 (a) Compensation Policy (b) Financial Policy (c) Administration of Town-Owned Affordable Housing Units Policy Town Manager McIntyre said all of Council member Gram's recommendations had been incorporated into the policies, which memorialized Town practices and, in the case of the Compensation Policy, created a new policy. McIntyre also said the Council's Administration and Finance Committee had reviewed the policies and had endorsed them. Finance Director Stranzl said that the Financial Policy governing Town reserves dated from the 1990's, but like all Town policies, was subject to review by the Council at any time. Mayor Thompson said the Town's reserve policy was conservative. _. MOTION: Moved: Vote: To approve the above policies, as written. Gram, Seconded by Slavitz A YES: Unanimous Town Council Minutes #21-200 I August I. 2001 Page 5 ". _ -------- , r I'"' (9) Recommendation by Chief of Police - Request for Special Event Permit - RPC Tiburon Mile Open Water Swim Chief of Police Odetto said that the Open Water Swim had taken place in previous years with little or no impact to the downtown area. He said the Police Department had met with the event organizers, who had presented a comprehensive logistical plan. Odetto said he also met with Anne Eller, the manager ofPt. Tiburon Bayside and Lagoon Homeowners' Associations, to hear that group's concerns, and had agreed with them that Paradise Drive should not be closed for the event. Vice Mayor Matthews and Councilmember Bach asked whether the Town had required appropriate levels of insurance. Town Clerk Crane Iacopi said the Special Event Permit issued by the Town contemplated $1,000,000 ofliability insurance. Town Attorney Danforth said this was common, although the Town could take a "fresh look" at the requirements. Finance Director Stranzl recommended that Town Staff consult with ABAG for its guidelines on insurance for events on Town property. r Council asked Chief Odetto for some more details about the swim event, such as numbers of people anticipated (approximately 2000) and security (paid security guards to be provided in addition to assistance by Tiburon police). Councilmember Slavitz asked whether the residents of Pt. Tiburon were amenable to the proposed plan outside of the street closure. Chief Odetto affirmed this stating the that portable toilets were being placed away from Pt. Tiburon and that fencing would be installed to keep people off the lawn area in front of the homes on the east side of Paradise Drive. Councilmember Slavitz asked how long the swim event would last on October 6. He was told that the race started at 9:00 a.m. and that the organizers would "break down" between 2:00 and 4:00 p.m. Mayor Thompson opened the public hearing. J. Key, Pt. Tiburon Bayside boardmember, asked where the food tent would be located. He was told it would be set up near the Donahue Building in the Waterfront Park. Mr. Key said the residents of Bays ide were opposed to opening up the waterfront area for this type of event, since it was such close proximity to their homes and there were "only so many weekends" per year. ,..... Key said there was a difference between events that were benefits to local organizations, such as the Tiburon Volunteer Fire Department, and this one. He suggested that alternative locations be Town Council Minutes #21-200 I August J, 2001 Page 6 , I'"' sought for the staging of future events, such as the park area behind Town Hall and Beach Road near the San Francisco Yacht Club. Valerie Bergmann, 101 Howard Drive, suggested that the organizers stage the event from Angel Island. Mr. Key said that the current was running the wrong way from that location for the swim. Mayor Thompson closed the public hearing. Mayor Thompson said the Town Council had been "diligent" about allowing very few events on the Waterfront Park, but that this venue was unique to this race. Vice Mayor Matthews noted that each year the event was more successful and therefore, bigger. Councilmember Slavitz suggested that the food tent and facilities might be moved to Main Street, either now or in the future. Councilmember Bach recommended approval of the permit this year with an eye to changing the venue in future years. MOTION: To approve the permit for the RCP Tiburon Mile as filed and accept the Chief of Police's recommendation not to close off Paradise Drive. Bach, Seconded by Gram AYES: Unanimous -. Moved: Vote: COUNCIL, STAFF, COMMITTEE REPORTS AND RECOMMENDATIONS (10) Report from Mayor - Richardson Bay Specific Area Plan Mayor Thompson gave background information on problems associated with "anchor outs" in Richardson Bay and urged Council to support his recommendation to BCDC not to change the anchor out designation as "bay fill." Town Manager was directed to send a letter to BCDC stating the Council's opposition to this change for its August 2 meeting in San Francisco. (11) Request for Approval from Town Manager - Final Tiburon Peninsula Committee Traffic Report Town Manager McIntyre said the term "approval" was a misstatement and that Council was merely being asked to "accept" the report at this time. McIntyre said there were three elements missing in the report: · Public input on the recommendations and proposals · Costs associated with the recommendations and proposals · Funding sources for both short and long-term proposals and recommendations I'"' Town Council Minutes #21.2001 August I, 2001 Page 7 , r - He recommended that the Town Council schedule a public hearing and direct Staff to start formulating cost estimates and determine funding sources for the proposals contained in the report. Councilmember Bach said it was an excellent report but that he was not prepared to approve it. He said he would like to get comments from the Town's Police and Public Works Departments on the feasibility of the proposals, as well as public input. Vice Mayor Matthews said he was aware of some controversial proposals, such as a turnaround on Hilary where Hawthorne or Howard Drive came together, which was being opposed by some neighbors in the Del Mar area. Mayor Thompson opened the public hearing. Valerie Bergmann, 101 Howard Drive, suggested that the Council hold several public hearings since three or four neighborhoods targeted in the report would have different concerns. She also said it was too important an issue to put on a "fast track." I'"' Priscilla Tripp, 104 Howard Drive, said she understood the importance of moving ahead with the proposed recommendations since school would be in session in three or four weeks. However, Tripp said some of the proposals were "ridiculous," for example, allowing diagonol parking on Avenida Miraflores in the vicinity of the drop-off zone. She said an alternative suggestion, such as a re.striping of the Del Mar School parking lot to allow parents to drop off their children inside instead of lining up and blocking traffic outside, would be preferable. Ms. Tripp said that many schools were already participating in the "Safe Routes to Schools" program sponsored by the Marin County Bicycle Coalition but that Reed Union was not. Mayor Thompson commented that the Committee's purpose was to achieve the same goals of increased biking, walking and carpooling to school that were contemplated by the "Safe Routes to Schools" program, and that they had studied their suggestions on how to achieve these goals. Mayor Thompson asked Del Mar residents Tripp and Bergmann whether they had met with the Traffic Committee's Del Mar representative, Vicky Sodaro. Ms. Bergmann said they had not received a return call. Morgan Prickett, 407 Hilary Drive, Del Mar HOA President, said his group was getting "mixed signals" about the report, noting that RUSD Superintendent Chris Carter told him "not to worry" because the Town did not have the funds to undertake the some of the proposed changes. Mr. Prickett also said he had written a letter to the Council, which had not yet been answered. Ms. Bergmann suggested that the letter's recommendation was that the Town "slow down" the process. She wanted this letter added to any future Staff reports for hearing by the Council. -. Town Council Minutes #21.2001 August I, 2001 Page 8 , r - Mayor Thompson closed the public hearing, and began his remarks by stating that the study addressed the No.1 issue (traffic on Tiburon Boulevard) in Town, which was also the most difficult to solve. He said that what was needed was to change the behavior of motorists during "the crunch period" each day, between 8:00 and 8:45 a.m., and 3:00 and 3:45 p.m. One way to do this would be to take fewer car trips and/or carpool, according to Thompson. Mayor Thompson said that it would take "hard work" to change behavior and to implement the other recommendations, but it would reap "big rewards." He encouraged his fellow Councilmembers to join him in "keeping the momentum going" on the study. Vice Mayor Matthews said there were some recommendations in the study, such as posting police officers at the schools to help with traffic control and safety, that could be undertaken immediately. Chief Odetto said his department had a plan "ready to go" and that the PD also had a "kid safety program" in place all year long. Matthews also said that RUSD Superintendent Carter and Committee member Sodaro should meet with the residents of the Del Mar neighborhood to discuss the issues. _. Mayor Thompson agreed that there were a lot of good ideas, some of them low cost to the Town. Councilmember Bach said he hoped that "kids walking to school" was emphasized in the report. Councilmember Gram thanked the Town Manager for providing the report and said he would study it. Councilmember Gram also noted that the public should be allowed on the both the reports' recommendations and the recommendations of Town Staff. Council directed Staff to "pick up" the report and itemize what needed to be done, make specific recommendations and provide cost estimates. Council accepted the report and continued the item. CONSENT CALENDAR - ITEM NO.5 · Approval of Conceptual Design for Downtown Pedestrian Access Focused on Main Street Parking Lot and Related Request for Budget Amendment Councilmember Bach asked that other options be looked into as well, such as buying or leasing the downtown parking lot from Mr. Zelinsky, installing parking meters, and the like. He said these kinds of changes would greatly benefit the downtown area. Bach said he would talk to Mr. Zelinsky about these proposals on behalf of the Town. ,,-... Town Council Minutes #21.2001 August I, 2001 Page 9 ". , - Mayor Thompson also suggested talking to the architects about the ideas stated above in order to incorporate them into the design concept. He said the goal was to create a more "interactive pedestrian downtown." MOTION: To approve the Planning Director's recommendation for a budget amendment for the study. Slavitz, Seconded by Bach A YES: Unanimous Moved: Vote: WRITTEN COMMUNICA nONS Town Council Weekly Digest - July 20, 2001 Town Manager McIntyre pointed out Item No.2, which was a Memorandum from the Finance Director concerning the increased secured assessed valuation for the fiscal year beginning July 1, 2001. Town Council Weekly Digest - July 27,2001 _. Item No.5 - Town Manager invited Council to participate in League of California Cities annual meeting in Sacramento September 12 - 15. Item No.9 - brief comment by Town Manager on estimated cost of General Plan, past ($400,000) and present (estimated $100,000). Item No. 12 - Supv. Rose's invitation to "National Railvolution Conference" in SF September 13.16 noted. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Thompson adjourned the meeting at 9: 15 p.m., sine die. C~/~ ANDREW THOMPSON, OR CLERK - Town Council Minutes #21-2001 August I, 2001 Page 10