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HomeMy WebLinkAboutTC Min 1992-01-21 TOWN COUNCIL t' MINUTES CALL TO ORDER Mayor Thayer called the regular meeting of the Town Council of the Town of Tiburon to order at 7:35 p.m., Tuesday, January 21, 1992, in Room 5, Del Mar School, Tiburon, California. ""- A. ROLL CALL PRESENT: COUNCILMEMBERS: Friedman, Coxhead, Kuhn, 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, Finance Director Stranzl, Police Chief Herley, Minute Clerk Kearney. J, B. APPOINTMENTS TO COMMISSIONS. BOARDS. COMMITTEES None. C. PUBLIC OUESTIONS AND COMMENTS None. D. NEW TOWN CENTER FACILITIES PROPOSAL BY RAY TRUMAN AND TIBURON TOILERS The Town Manager stated that Mr. Truman has requested this matter be continued to the February 4, 1992, Town Council meeting. E. CONSENT CALENDAR I ,..... Howard Robin, 15 Cecilia Court, requested he be allowed to address Item #4. He stated the proposed Resolution's basis for denying the appeal is inaccurately reflected and requested the public record reflect his comments that the Town Council did not address the possible conflict of interest of a certain Councilmember commenting on this issue and the. deception by Mr. Tuttle by not showing Mr. Robin his plans in a timely manner before the DRB meeting. TOWN COUNCIL MINUTES #934 1/21/92 1 t Mayor Thayer responded that these two matters were adequately addressed, as indicated in the minutes from the last Town Council meeting, and were deemed non-issues by the Council during their discussions; therefore, they were not included in the (indings. Mayor Thayer questioned the other Councilmembers whether this item should be removed from the Consent Calendar for further discussion; and the entire Council concurred it should remain on the Consent Calendar. Motion: To approve the Consent Calendar consisting of the following items: 1. APPROVAL OF MINUTES #933, January 7,1992 2. TRAFFIC sAFtTY REPORT - (December 1991) 3. DENY APPEAL BOARD OF ADJUSTMENTS & REVIEW DECISION (A.P. #59-071-15; Applicant S. Vase, 1887 Centro West; Appellant: Ken & Ilinka Brehnan, 1886 Centro West - Resolution) 4. DENY APPEAL DESIGN REVIEW BOARD DECISION (A.P. #34- 360-03, 26; Applicant: Paul Tuttle, 14 Cecilia Court; Appellant: Howard & Judith Robin - Resolution) Moved: Vote: Logan, Seconded by Kuhn AYES:. Unanimous F. PUBLIC HEARINGS " 5. TIBURON PENINSULA CLUB IMPROVEMENTS PLAN (Review Conceptual Master Plan) The Planning Director noted that the purpose of tonight's hearing is to receive preliminary comments from the public and Council regarding the proposed conceptual master plan and to provide general direction to the applicant. He emphasized that this is an informal session and that no vote will be taken by the Town Council. The Associate Planner reviewed the main elements of the plan; stated an EIR should be required; and the TPC is particularly interested in the Town Council addressing the realignment of Mar West Street. The Town Attorney addressed the issue of potential conflict of interest by members of the Council and Planning Commission who are TPC members. He stated that no conflict exists at this point; however, a conflict may occur during the formal application process when more information is available as to whether the Club will finance the improvements through increased membership fees. I ,.-.. Mike Masterson, of the TPC Board of Governors, stated the TPC wishes the Council to focus mainly on the realignment of Mar West issue because of safety concerns resulting from children being dropped off on the opposite side of Mar West and running across the street to the Club. TOWN COUNCIL MINUTES #934 1/21/92 2 .. ',' . .. ~'" ;..-"<...;.'.,...,.,.... f' Phil Woodward, President of the TPC Board of Governors, stated a former Town Council agreed that if the TPC relinquished part of the marsh for the downtown development, the Town would consider closing off Mar West. Hank Bruce, architect for the TPC, stated that comments received tonight will be considered for incorporation into the Master Plan. He stated the ultimate goals of the TPC are to solve safety issues and satisfy community recreational needs. He stated the new parking lot and tennis courts will be extensively landscaped; the proposed buildings will be single story, loft buildings in earth-tone colors; and construction will be phased while keeping the Club operational. He reviewed the proposed realignment of Mar West which includes a cul-de- sac in front of the existing apartm~nts and a drop-off turn around in front of the Club eliminating the need for children crossing the street, with the parking lot located across Mar West. He reviewed another alternative which has the parking lot and all facilities on the same side of Mar West and stated that this plan was not feasible because of engineering difficulties. He further stated that the need for increased and improved facilities has been demonstrated through the continued growth and use by the community; a study has been conducted by acoustical engineers indicating no significant change in sound level with the increased facilities; and the proposal will cover only 33% of the land and will not result in overuse. l The Town Engineeiapdressed questions as to why the alternative which has all the facilities on the same side of Mar West is not feasible and stated that the required grading and slope would be too extensive, would create too sharp a curve, would cause the road to sink and cause access difficulties to the existing apartments and the Sanitary District facility. Barbara Matthew, Manager of TPC, presented photographs of the TPC in 1954 before development of the area and incorporation of the Town; stated the main thrust is to provide a safer access to the Club for children; the current facility was built to accommodate a membership of 150 to 200 and the current membership is 600; the TPC provides the best swim program in the County and a junior tennis program that is expanding; therefore, the new pool and additional four tennis courts are needed. Mike Masterson summarized by stating the repairs and maintenance on the current facilities are excessive; the Club's membership profile is dominated by children and their activities; they have been forced to cut back on activities for non-members because of inadequate facilities; only half of the property is currently being utilized; they have a right to develop and utilize their property; they have a vested right to test a road closure on Mar West; a new element was added to the circulation of the road with the extension of Beach Road to Mar West; they realize an EIR will be required; and the improvements can be constructed within a year's time. I The Town Engineer stated the pedestrian/bicycle traffic from Tiburon Blvd. to the Club needs to be addressed and resolved during Master Plan approvals; emergency vehicular access to the buildings needs to be provided; utility companies should comment on the effects the proposed improvements will have on the underground utilities currently located in this vicinity; and a ten-year maintenance bond should be required for maintenance of the road where settlement will occur. .--.. TOWN COUNCIL MINUTES #934 1/21/92 3 t Councilmember Logan questioned how the parking needs were determined and where the overflow parking would be located; and Hank Bruce responded that comparisons were made with other clubs and other studies conducted which indicated a need for 200 parking spaces, an increase from the current 93 spaces, and overflow parking is yet to be determined, but in the past has been along the road. Mayor Thayer opened the public hearing. Ben Kalish, 50 San Rafael Avenue, Belvedere, commented on the unsafe traffic conditions on Mar West and spoke in support of realigning the road. Steve Schneider, 1661 Mar West, agfeed there is need for expansion and improved safety; however, he is concerned about the length of construction, headlights, visual impacts, etc. John Hulsbus, 2 Lagoon Vista, suggested landscaping to shield the buildings and parking lot along the marsh. " Tate Lacey, 169 Rock Hill Drive, spoke in support of realigning Mar West to improve safety. J Fran Mayberry, form.er Councilmember, questioned why three members of the Planning Commission stepped down in November when considering this matter because of potential conflict of interest, and the Town Council is not so required; and the Town Attorney responded that the issue was not brought to his attention until the day of the hearing in November and it was advised at that time that the Planning Commissioners step down since all the facts could not be considered and an opinion rendered. However, he stated that since that time the FPPC has stated that a conflict does not occur until it is substantiated that a membership fee increase will be required to finance the proposal. Ms. Mayberry further questioned whether the Club will be required to present a funding outline to assure completion of the project; and the Town Attorney responded that the Town does not have the right to require that kind of information, but can condition the permit to realign the road with a ten-year bond for maintenance. The Planning Director noted that since this project does involve relocating a public road and there are fiscal implications, the Town can require an economic analysis as part of the EIR process. Ms. Mayberry requested the following items be addressed in the EIR: the effect on the Marsh of covering mos"t of Judge Field with facilities, traffic, instability of the land fill where the road is proposed to be relocated, impact of parking lot drainage into the marsh, and noise and lights effect on the neighbors. She indicated her objection to the size of the proposed expansion, requested a more modest plan, and questioned whether the TPC has surveyed its membership regarding the proposed improvements. I /'"'. Richard Kalish, Mayor of Belvedere, spoke in support of the need to improve the safety conditions on Mar West and stated the Club is a main magnet for children in the TOWN COUNCIL MINUTES #934 1/21/92 4 community; therefore, traffic regulation is needed at the Mar West/Tiburon Blvd. intersection. f' Stewart Hopkins, Lagoon Vista Rd., stated the financing of the project should not be a concern of the Town, the Oub is an asset to the community, and stated he supports the proposed plan. A resident of 15 Harbor Hill Rd. expressed concern about tennis balls going into the street and noise generated from the new tennis courts, and stated a traffic light is needed on Tiburon Blvd. Joe Giacomini, owner of 1659 Mar West, stated the TPC should consider other alternatives for improving safety, such as providing crossing guards; the proposed realignment will not resolve the safety issues because people will still cross the street from the parking lot; and stated Mar West should be improved but remain in its current location. Alberta Elder, Corinthian Court, questioned why the Club uses the courts across the street for the children's tennis lessons and not provide supervision for their crossing the street if they are concerned about safety. Michael Canyon, stiited he holds an option on a unit on Marsh Road; supports the proposed plan; suggested landscaping along Mar West to diminish noise impacts; and questioned whether the Town has any authority to restrict the Club's membership numbers. J Woody Von Lackum, 1683 Mar West, expressed concern about possible night-time noise caused from people gathering in the parking lots after evening activities, as well as lighting and plantings for those locations. Bill Van Lackum, 1821 Mar West, stated 90-95 percent of the traffic has decreased since Beach Road was extended to Mar West and suggested another alternative to the realignment of Mar West. Charles Thompson, 1645 Mar West, stated the excessive traffic on Mar West is generated by the TPC and he suggested extending a pedestrian walkway from Tiburon Blvd. to the Club. Gayla Alders, 1687 Mar West, expressed hope that the long term impacts on the marsh and neighborhood will be carefully investigated before approvals are given to the proposal. Mayor Thayer closed the public hearing. r" Councilmember Friedman agreed that the TPC serves an important community need; suggested perhaps limiting the night-time use permit to alleviate night-time noise problems; stated an EIR on the project is mandatory; stated he is not opposed to realignment of Mar West, if feasible and environmentally sound, as long as it solves the safety problem and does not divide the Club on both sides of the road; suggested consideration be given to making the buildings two story; and stated consideration should be given to cul-de-sacing Mar West since the reasons for opposition in the past have been alleviated and attitudes have changed. I TOWN COUNCIL MINUTES #934 1/21/92 5 .,., ~ Councilmember Coxhead stated that the TPC is credited with giving the Town three acres of marshland for restoration and the Town committed itself to allow.a period of time to determine whether cul-de-sacing of Mar West would improve the safety concerns; stated the EIR process will require many changes and he urged citizens attend the public hearings and express concerns in writing or orally; and he agreed that if the road could be realigned without dissecting the TPC property, keeping all facilities on the same side of the road, it would better address the safety issues. Councilmember Logan disagreed that the proposed plan would not help resolve the safety concerns since it is likely most children will be crossing the street with their parents after parking in the lot; expressed concern about emergency access should Mar West be cul-de- saced; that the proposed expansion'Mll require increased membership by the Club and the Town should perhaps consider restricting membership as a condition of approval; stated a limitation should be placed on night-time activities; concerned about the proximity of the parking lot to the marsh; and a pedestrian/bike path should be provided to Tiburon Blvd. with consideration of a traffic light at the Mar West/Tiburon Blvd. intersection. Vice-Mayor Kuhn noted the importance of the TPC to the community; stated that consideration should be given to the large potential developments that will be constructed on lands behind and near the TPC and will generate increased traffic on Mar West; and stated bonding the ro.ad improvements is important while settling occurs. J Mayor Thayer emphasized the need for an EIR on this project to consider not only the project's effects on the Marsh, but on the surrounding neighbors; recommended the TPC survey their own members for reactions to the proposed plans; agreed the bike path and sidewalk should be extended to Tiburon Blvd.; and requested the EIR give consideration to cul-de-sacing Mar West with emergency vehicular access. Vice-Mayor Kuhn suggested the improvements at the Mar West/Tiburon Blvd. intersection should be a joint effort of the TPC and the Town. G. UNFINISHED BUSINESS 6. RAILROAD MARSH RESTORATION PROPOSAL (Consider Staff Recommendations & Project Time Schedule) The Finance Director noted that this item was continued from the last Town Council meeting to allow time to develop bid specifications and determine the appropriate time window to complete the work. He noted the Town Engineer is recommending the dredging be 4 feet deep rather than 2l:i feet deep, as first recommended, and as also recommended by the Wetlands Research Assoc. and 1986 Monitoring and Maintenance Plan. The Town Engineer is also recommending that the top soil be stored at Blackie's Pasture for use in future Blackie's Pasture improvements. He stated the appropriate time to accomplish this work is in late summerl early fall to avoid impacts on wildlife nesting and migration patterns. I I"" The Town Engineer stated that it is more cost effective to store the top soil at Blackie's Pasture than to have it hauled away; the cost range will be between $45,000 - $76,000 TOWN COUNCIL MINUTES #934 1/21/92 6 ,;,~:~~ ~ depending on the depth of dredging, which he recommends being from 4 to 6 feet in depth to curtail the growth of cattails. ' Planning Commissioner Karen Nygren recommended a specific plan be developed for the placement of the top soil at Blackie's Pasture and questioned how the continued problem of siltation is being addressed. The Town Engineer responded that the Supt. of Public Works will direct the placement of the soil at Blackie's Pasture and the Town has an ongoing siltation plan for the Marsh. There was discussion regarding the I!lost cost effective depth at which to dredge; and it was the consensus of the Council to aumorize the Town Engineer to have the Marsh dredged to 4 feet, and have the 'top soil placed at Blackie's Pasture at a cost of up to $60,000. H. NEW BUSINESS 8. PRIVATE ROADWAY DESIGNATION (Request to Name Private Driveway Serving Five (5) Residence.s at End of Gilmartin Drive as "Gilmartin Court") Since several residents were waiting to hear this matter, Mayor Thayer moved this item up on the agenda. - J The Senior Planner stated that four of the five residents on an unnamed roadway off Gilmartin Drive are requesting the .roadway be named Gilmartin Court and the lot addresses renumbered to make the properties easier to find. He stated the Planning Commission has reviewed this matter and unanimously recommended the roadway be designated Gilmartin Court and that an address pattern which contrasts with the existing address pattern along Gilmartin Drive be devised, and he recommended the Town Council adopt the proposed resolution approving the designation of "Gilmartin Court" as a private street. David Moyne, 162 Gilmartin Drive, stated his is the only home that has been constructed on this drive at this time; he has made all necessary personal changes to reflect this address; his address number is carved in stone andit would cost him thousands of dollars to have all this redone. He recommended a sign be erected indicating the locations of the various addresses on Gilmartin. After discussion of the options available, the Town Council continued this matter to the next regular meeting to allow time for the other property owners on the roadway to contact Mr. Moyne to consider and discuss possibly changing just the street name and not the address numbers; or to erect a sign as recommended by Mr. Moyne. Staff was directed to so notify the other property owners. I 7. PART TIME TOWN EMPLOYEES (Establish Mandated Retirement Program - Resolution) ""' The Finance Director reviewed the staff report and stated that the Town is required to provide part-time, seasonal and temporary employees with a defined contribution alternative TOWN COUNCIL MINUTES #934 1/21/92 7 , "...~.-" ~ retirement program in-lieu of Social Security and proposed the Town use its existing deferred compensation plan to meet these new regulations. Therefore, he recommended the Council adopt tbe proposed resolution which adopts the use of the 'rown's deferred compensation plan with both the Town and the employee contributing equally 3.75% apiece to the plan. The Town will also pay the annual participant administrative fees associated witb the plan. Motion: To adopt A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURONAMENDING ITS EXISTING DEFERRED COMPENSATION PLAN TO AccoMMODATE PART TIME, SEASONAL, TEMPORARY AND HOURLY EMPLOYEES. Friedman, Seconded 6y Logan AYES: Unanimous , Moved: Vote: 9. CAPITAL EQUIPMENT APPROPRIATIONS (Request to Purchase Gas Tank, Auxiliary Generator and Lighting for Emergency Power Purposes in the Public Works Corporation Yard Facilities) The Finance Director requested the Council authorize the appropriation of $14,870 for the purchase of a generator, gas tank and light fixtures for tbe Public Works Corporation Yard complex to provide- hack up power to the Public Works Department in the event of an emergency or outage. The Town Council unanimously approved staffs recommendations to authorize this expenditure. l . I. COUNCIL. COMMISSION OR COMMITfEE REPORTS None. J. COMMUNICATIONS 10. Ltr. from Marin County Auditor/Controller to All Taxing Agencies dt'd. 1/10/92 (Over Assessment of Public Utility Property) Report received. 11. Ltr. from Del Mar Valley POA to Town Manager, dt'd. 1/3/92 (Entrance Sign Lighting) I The Town Manager reported that the Del Mar Valley Homeowners Association is requesting the Town pay for maintenance and the electrical bill for the light of the entrance sign to Del Mar. He noted that this would set a precedence in that all other homeowner associations in the Town pay. for and maintain their own entrance signs. After further discussion, the Town Council directed the Town Manager to notify the Del Mar Valley Homeowners Association that it is the responsibility of its association to maintain its sign and light. I"" TOWN COUNCIL MINUTES #934 1/21/92 8 ,"~".""..,...:.I K STAFF AND TOWN MANAGER REPORTS ~ 12. Street Signs (Theft of Street Signs and Financial Impact to Town) The Supt. of Public Works reported on the continuing problem of street signs being stolen and missing within the Town. The Town Council requested The ARK publish a report on this ongoing problem to alert parents. 13. MMWD's Increasing Water" Rates (Report by Supt. of Public Works) The Town Manager reported that du,e to MMWD's tiered drought surcharges, the Town's water costs have almost doubled trom $8,500 in 1989-90 to $15,500 in 1990-91. He requested the Council be cognizant" of these rising water costs when considering future landscaping projects. 14. Local Disaster Prevention Planning (Oral Comments by Chief of Police) l The Police Chief reported that a meeting hosted by Dr. George Swift was held on January 10th regarding fire protection for Belvedere and Corinthian Islands. Dr. Swift has offered to make a gift of $10,000, to be matched by other members of the community, for equipment and trairiing of the Public Works Departments of Belvedere and Tiburon to back up police and fire in the event of an emergency. Chief Heriey indicated he notified Dr. Swift that the Peninsula Disaster Plan currently provides for back up assistance by the public works personnel and l,1e will report back as to the specifics of Dr. Swift's offer. A The Town Manager suggested discussion of the no smoking ordinance at the January MCCMC meeting. Co~ncil concurred that the Town Attorney's report should be distributed at that time. B. Vice-Mayor Kuhn reported that Boy Scouts Troop 48 is interested in participating in making improvements to the Knoll to assist in completing their merit badge requirements. This would include identifying primary environmental factors, locating desirable trail and access locations, filling in and eliminating the cistern at the top, determine surfacing and drainage needs for trails, determining locations for signs, benches, waste receptacles, signs, etc., determining expenses, and pursuing funding. Vice-Mayor Kuhn noted this work would be coordinated with the POSC and he volunteered to act as liaison between Troop 48 and the Town. He requested this matter be agendized for the next regular meeting to allow time for Troop 48 to make a presentation and perform a flag ceremony. The Town Council concurred. C. The Town Manager reported he will proceed with the environmental analysis of Blackie's Pasture as previously directed by the Town Council. CLOSED SESSION I The Town Council adjourned to Closed Session at 11:45 p.m. to discuss pending litigation, personnel matters, and property negotiations. r-- TOWN COUNCIL MINUTES #934 1/21/92 9 L. ADJOURNMENT ~ There being no further business before the Town Council of the Town of )'iburon, Mayor Thayer adjourned the meeting at 12:00 midnight sine die. ATTEST: ~'ti~.I~ - THERESE M. HENNESSY, WN CLERK - J I r-- TOWN COUNCIL MINUTES #934 1/21/92 10 _::,~.ij,/:~1!1'",",-''' ..