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HomeMy WebLinkAboutTC Min 1992-02-04 TOWN COUNCIL ~ 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, February 4, 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 lacopi, Planning Director Lohman, Finance Director Stranzl, Minute Clerk Kearney. J B. APPOINTMENTS TO COMMISSIONS. BOARDS. COMMnTEES None. Co PUBLIC OUESTlONS AND COMMENTS None. D. SPECIAL PRESENTATIONS 1. WORKERS COMPENSATION 1991 SAFE'lY AWARDS (Darrell Heppner, Risk Management Authority Program Director) Darrell Heppner, Marin County Risk Management Program Director, presented the Town and the Police Department with the 1991 Gold Safety Awards and commended the Town's department supervisors and employees for their efforts in reducing job risk and injuries. Mr. Heppner noted that the Risk Management Authority is planning an elected officials dinner meeting to be held the first Thursday in May at the Caprice Restaurant in Tiburon. I r- TOWN COUNCIL MINUTES #935 2/4/92 1 ~ 2. COMMITTEE TO SAVE OLD ST. IDLARY'S OPEN SPACE (Nancy Knoble & Jerry RiesseD) Nancy Knoble, Co-Chairman of the Committee to Save Old St. Hilary's Open Space, gave an overview or the committee's efforts and stated the proposed open space master plan is an attempt to formulate a coordinated open space system for the southern portions of the Tiburon Peninsula while recognizing the legitimate interests of property owners by designating those areas considered most valuable to the Town for open space and those areas most appropriate for development. She noted that this presentation is for informational purposes only. Tom Lollini, consultant from Urbi'i Arts Collaborative who prepared the study, reviewed the proposal and stated the plan attempts to identify primary and secondary property development constraints from physical, visual, biotic, and geotechnical standpoints as outlined in the Town's General Plan; attempts to link existing open space to an entire open space system; identifies areas of least constraint for potential development; and identifies primary and secondary ridges on the Peninsula. He noted that the maximum development. potential of this area allowed by the General Plan is approximately 104 housing units. l Nancy Knoble stated that this plan provides a balanced prospective between consideration of the importance of open space to the community and development rights for property owners to the maximum extent allowable. She further stated that the Committee plans to use this study to gain community consensus for those areas . most appropriate for preservation as open space; and a number of activities are planned, including meetings with homeowners associations, a presentation to the Planning Commission, and a public meeting scheduled for February 27th, 7:30 p.m., at the Belvedere Community Center. She added that the Committee will be requesting donations and passage of a bond measure to raise $5,000,000 for use to acquire open space. She referred to Jerry Riessen's letter requesting the Town consider extending protection of the ridge line beyond the Town's limits into the County property. Tom Newton, representing Whole Systems Property Owners, questioned whether the Committee intends to meet with the seven property owners affected by this plan for input regarding basic data the property owners have collected that would be valuable in refining this study; and Ms. Knoble responded that the Committee would welcome the opportunity to meet with the property owners to gain this information. Vice.Mayor Kuhn requested Ms. Knoble describe the Committee's plans for financing this project; and Ms. Knoble responded that they hope to pass a bond measure in the November election that would assess residents approximately $99/year over a 30-year period; donations from private individuals will be requested; and they will apply to other agencies for matching funds. I ,..-. In response to Vice-Mayor Kuhn's request for a status report regarding establishing a secondary ridge policy; the Planning Director stated this issue is now being TOWN COUNCIL MINUTES #935 2/4/92 2 ~t;;'l~.:~i;:',': .~':: considered by the Planning Commission and will come before the Town Council within two months. f' Mayor Thayer commented that this plan will provide the property owners with valuable information regarding the most buildable parcels. Councilmember Friedman emphasized that the Committee should pursue whatever measures necessary to attain as much land as possible to lower the potential density. Further, he requested consideration be given to amending the General Plan if necessary to include and protect the primary ridge which extends into County limits. ""- Councilmember Coxhead agreed that the primary ridge definition should extend into the County. Councilmember Logan commended the Committee for its efforts and urged they work with the developers in refining their plans. Vice.Mayor Kuhn indicated his support of the project. l G. PUBLIC HEARINGS 6. MARIN COUN1Y INTEGRATED WASTE MANAGEMENT PLAN (Adopt Source Reduction and Recycling Element and Household Hazardous Waste Element - Resolution) Mayor Thayer requested this item be moved forward on the agenda because of time constraints of those present to address this issue. The Town Manager reported that the County Waste Management Advisory Committee is requesting the towns and cities of Marin to consider and adopt the final draft of the Source Reduction and Recycling Element and Household Waste Element for Marin County. Sharon Maeves, Principal Planner of the Marin County Planning Department, stated that these two elements were developed by a 39 member task force in response to the State's requirement that each jurisdiction reduce waste generation by 25% by 1995 and 50% by 2000; and the plan addresses those concerns previously expressed by the cities of the County. I - Mark Riesenfeld, Planner with Marin County Planning Department, reviewed the three main parts of the Plan, including the waste generation study, the source reduction recycling element, and the Household Hazardous Waste Element. He noted that the per capital waste generation rate for Marin County and the cities is one of the lowest in the State; that Marin Resource Recovery and Recycling Center diverts 64% of total waste in the County; Tiburon diverts 28-29% of its garbage; programs are being developed to increase the diversion of plastics and yard waste composting; educational programs are being established to inform the public on how TOWN COUNCIL MINUTES #935 2/4/92 3 f' to reduce garbage generation and increase recycling; compo sting programs are being established and will be phased in over the next several years; markets for recycled materials and composting must be developed; Tiburon must increase its recycling to 34% by 1995 and 53% by the year 2000; all programs will have to be monitored; cost estimates range from $50,000 for 1992 to $161,000 for 1995; the Household Hazardous Waste management program will be increased and permanently established by 1995. Ms. Maeves read a statement from Polly Smith into the record which indicates her support for the proposed plan. There was lengthy discussion regarinng financing the program through increased waste collection and recycling fees; the marketability for recycled materials; and cost implications to Tiburon; and state fines of $10,000 per day/per city imposed if jurisdictions do not meet their requirements by 1995. Mayor Thayer opened the public hearing. Carolyn Friedman, resident, questioned when the Household Hazardous Waste program would be implemented; and Ms. Maeves responded that the current once a year collection program would continue until a permanent facility is available for year around service and curbside pickup. l Karen Nygren, Planning Commissioner Chairman, questioned what jurisdiction will be responsible for increasing compo sting activities; and Mr. Reisenfeld responded that the collection of the material will be coordinated between the Town and its collector and the processing details have not yet been determined. Joe Garbarino, President of Marin Recycling, Marin Sanitary Service and Marin Resource Recovery, requested the Town Council not approve this program because of unnecessary cost increases and because this is a duplication of services. He stated his organization. is currently meeting and exceeding state recycling requirements and will provide the cities and towns with documentation reflecting the percentages after March of this year. Ms. Maeves responded that adoption of these elements does not commit the County and cities to increased expenditures, many decisions are yet to be made about specific programs based on a monitoring program that determines where each city is in a particular year in meeting the 25 or 50% goal. If the current services indicate the cities are already meeting those requirements, there will be no need for further programs or additional expenditures. I Larry Glazer, representing the Homestead Valley Sanitary District on the County Waste Management Advisory Committee, indicated the State has mandated that there be a plan, the format for that plan, and it can be implemented in conjunction with Mr. Garbarino's current program. r' TOWN COUNCIL MINUTES #935 . 2/4/92 4 ~"-.-_-:d:;:~;..-"~ t Patty Garbarino, of Marin Recycling, stated their basic concern is that the County has already spent $2.3 million on this program and next year an additional $1.3 million has been budgeted for a program that their organization is already fulfilling. Jim Aboroni, Mill Valley Refuse, stated his organization will be picking up the yard waste in Tiburon and providing the composting service, and the Town should first consider the current programs before voting to build an additional composting facility within the County. Mayor Thayer closed the public hearing. In response to Councilmember Loglrn's question regarding additional costs if the plan is adopted, Ms. Maeves stated that each jurisdiction will be required to pay for monitoring costs, but no additional fees will be imposed if the private sector is fulfilling the requirements. She stated Tiburon's monitoring fees will be between $3500-$4000. Councilmember Logan stated that he would vote to adopt the plan, but added that as long as the private sectQr is meeting and exceeding the goals of the State mandate, the public sector should not interfere in the program at additional costs. l Councilmembers Friedman, Kuhn and Mayor Thayer concurred with Councilmember Logan's comments and agreed to adopt the plan. However, Councilmember Coxhead expressed concern that he does not fully understand the arguments presented on . both sides and requested the matter be continued. Motion: To adopt A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON, STATE OF CALIFORNIA ADOPTING THE MULTI-JURISDICTIONAL SOURCE REDUCTION AND RECYCLING ELEMENT AND HOUSEHOLD HAZARDOUS WASTE ELEMENT FOR MARIN COUNTY AND ITS CITIES. Logan, Seconded by Kuhn AYES: Friedman, Kuhn, Logan, Thayer ABSTAINED: Coxhead Moved: Vote: Vice-Mayor Kuhn noted that the Town needs to take whatever steps necessary to assure that this matter does not become a capital expenditure program with which the Town must comply. E. COUNCIL. COMMISSION OR COMMnTEE REPORTS 3. HERITAGE & ARTS COMMISSION (Program Funding - Vice-Mayor Kuhn) ,- Vice-Mayor Kuhn recommended the Town re-establish the Heritage & Arts Commission fund in the Town budget for 1991-92 by allocating seed money in the amount of $5,000 to $10,000 this year; and then adding to the fund in each following year. This would allow the Commission to fund community art and/or heritage projects when the opportunities arise. I TOWN COUNCIL MINUTES #935 2/4/92 5 .;"':;;_i~~~f Janet Braff, Chairman of the Heritage & Arts Commission, urged Council's support of Vice-Mayor Kuhn's proposal. ~ The Town Manager noted that the fund had been eliminated after passage of Proposition 13 in the 1970s, but it would not be difficult to re-establish the fund. He added that any expenditure would have to be approved by the Town Council. Councilmember Coxhead encouraged the Commission to pursue funding of art projects through Interarts of Marin. It was the consensus of the Council that this issue be considered during the spring budget hearings and stated that"- any project expenditure requested by the Commission before that time can be funded from the capital outlay fund. 4. NEW TOWN HALL PROGRAM (Committee Orgllni7..l1tion - Mayor Thayer) Mayor Thayer reported on the status of the New Town Hall program and suggested two subcommittees be formed, one to address Town Hall space requirements, and the other to address financial issues related to the project; and that these two committees work in conjunction with the Overview Committee and report back to the Town Council with their recommendations. He further suggested these committees be composed of people not directly involved previously in order to obtain a fresh perspective. l The Town Manager noted Andrew Thompson has indicated an interest in serving on a Town committee or commission, and the Town Manager suggested his name be added to the committee volunteer list for the New Town Hall. The Town Manager further added that staff will call the citizens on the committee volunteer list to affirm their interest in serving. Vice-Mayor Kuhn reported that the purpose of the two committees will be to re- examine the accumulated data and develop an analysis and reappraisal of the previously submitted financial data. He further reported on the status of negotiations with Pt. Tiburon representatives regarding entering into a lease/purchase arrangement with Dr. Alan Rappaport for the purchase of Pt. Tiburon and stated Dr. Rappaport is preparing a financial proposal for the Town's consideration; difficulties still exist in establishing communication with RTC Corporation, the owners of Pt. Tiburon; and George Wells is assisting the Town. AI Kirschbaum, 40 Juno, indicated his interest in serving on the Space Committee. I John Arado, 670 Hilary Drive, expressed concern that too much effort is being given to pursuing Pt. Tiburon and requested the committees consider other alternatives as well; and Vice-Mayor Kuhn responded that the public requested Pt. Tiburon be pursued as an alternative. He also urged the subcommittees meet and report back at the next regular meeting of February 18th with a preliminary report. r- TOWN COUNCIL MINUTES #935 2/4/92 6 .;g~i;'f~:;;;'~ ~ Nicky Wolf, 426 Greenwood Beach Road, expressed disappointment that she was not included to serve on one of the committees and urged people be allowed to participate who have expressed an interest to avoid the impression that decisions are being made by a select number of people. Nat Marans, 2312 Spanish Trail, stated a lease/purchase of Pt. Tiburon would be more costly than building a new Town Hall and this site was already rejected by the Town's citizens. Former Mayor Edelstein recommended the Town consider hiring a professional estimator to form a solid cost basis; and then request a vote from the citizens to achieve a binding consensus on thealternatives. Norah Grove, 1 Cazadero, urged the Council take advantage of those citizens who have volunteered their expertise in achieving a new Town Hall. It was agreed that the two subcommittees are to meet prior to the next regular Town Council meeting and present a 'preliminary report at that time. F. CONSENT CALENDAR Motion: To approve the Consent Calendar consisting of the following item: l 5. APPROVAL OF MINUTES #934, January 21, 19'J2 Moved: Vote: Friedman, Seconded by Coxhead AYES: Unanimous H. UNFINISHED BUSINESS None. I. NEW BUSINESS 7. RBLP JOGGING PATH (Repair & Resurfacing Proposal) The Town Engineer reported that MMWD is requesting an easement across the Town's Multi-Use Path for a new underground transmission main. At the same time, the Town Engineer requested that portion, and eventually all, of the path be replaced with asphalt concrete to eliminate the ponding water problem and the problem of sand and gravel material washing onto the paved portion at McKegney Green. I Residents Karen Nygren, Jan Kase, and Alice Kobayashi all spoke in opposition to paving over the entire Path with a hard surface because of the health benefits a soft surface provides to joggers. r-- TOWN COUNCIL MINUTES #935 2/4/92 7 ~ ,-;;1:~:::r',,~..<.i.:4 " Nicky Wolf, Greenwood Beach Road, stated that consideration should not be given to paving over the Multi-Use Path without a duly notice public hearing; and, Councilmember Friedman responded this matter was properly noticed.. After further discussion, the Town Council concurred that a soft surface for joggers should remain. 8. FY 1991-')2 MID-YEAR FISCAL REPORT (Six-Month F'mancial Analysis & Projections) The Town Manager summarized th~ 1991-92 Mid Year Financial Report and stated that the Town's overall financial position remains stable due to increased assessed valuation, special one-time revenues, and building activity. He added that the six month revenue figure is $1,288,000 and the projected end of the fiscal year revenue total is $3,496,000, almost on target to the original budget estimate of $3,493,000. The six month expenditures total $2,549,000 and the end of the fiscal year projection is $3,306,000, slightly less than the originally budgeted total of $3,346,000. Therefore, the projected General Fund revenues will exceed the total projected expenditures for FY 1991-92 by $190,000. Vice-Mayor Kuhn requested an ongoing building history be continued without dropping off earlier years in the financial report; and that a comprehensive deferred maintenance report be included for the budget hearings. l Councilmember Coxhead commended the Town Manager and Finance Director for their efforts in preparing this comprehensive report. J. COMMUNICATIONS ,. Ur. from Supervisor Robert Roumiguiere, Chairman of the NWP Task Force and 101 Corridor Action Committee, dt'd, 1/16/')2 (Marin Transportation Authority) Council acknowledged receipt of the letter from Supervisor Roumiguiere regarding establishment of a joint powers agency to own and operate the NWP right-of-way. Mayor Thayer noted this matter will be on the February 18th regular meeting agenda. 10. Ur. from LCOTPOA Requesting Beach Road Tennis Courts & Park Be Named in Honor of Dave & Louise Teather, dt'd, 12/11/91 I Vice-Mayor Kuhn requested this action be postponed until a memorial policy can be considered by the POSC, Planning Commission, and Heritage and Arts Commission for their recommendations to the Town Council within the next 90 days. The Town Council concurred. -.. TOWN COUNCIL MINUTES #935 2/4/92 8 K. STAFF AND TOWN MANAGER REPORTS ~ 11. Town's 3-Acre Parcel Adjacent to Highlands!Be1 Aire (Authorization to Obtain Property Appraisal) The Town Manager recommended that the Town Council authorize Staff to proceed to obtain an appraisal at a cost of $3500 for the 3.acre parcel located adjacent to the Highlands development to assist in determining the future disposition of this property based upon the Town's long range and overall needs. Christian Fredrickson, Bel Aire resident, stated his homeowners association received inappropriately late notice of this ii'latter and requested action be postponed until the Bel Aire residents can attend to address this issue. The Town Council responded that the purpose of the appraisal is to determine the value of the property and no other decisions regarding the property will be made until that information is received. Therefore, the Town Council authorized Staff to proceed to obtain the appraisal at a cost of $3500. 12. Non-Smoking Ordinances (Oral Status Report by Town Manager) ~ J The Town Manager reported that a county-wide organization is preparing a model non-smoking in public places ordinance for the entire County and this information will be distributed at this month's City Managers meeting. He added that since . Tiburon is hosting the next MCCMC meeting, this would be a good opportunity to distribute this information for discussion and consideration by the other cities in the County. Further, he stated that Staff will be distributing this ordinance to our business community and the ToWn Attorney will be meeting with the Chamber of Commerce in this regard for their reaction to this proposal. L CLOSED SESSION The Town Council adjourned to Closed Session at 12:10 a.m. to discuss pending litigation and property negotiations. M. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Thayer adjourned the meeting at 1:00 a.m., Wednesday, February 5, 1992, sine die. I ATTEST: aq~Ajh ~~ THERESE . HENNESS , OWN CLERK -. TOWN COUNCIL MINUTES #935 2/4/92 9