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HomeMy WebLinkAboutTC Min 1992-03-17 TOWN COUNCIL r 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, March 17, 1992, in Room 5, Del Mar School, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Friedman, Coxhead, Kuhn, Thayer ABSENT: COUNCILMEMBERS: Logan 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. " B. PUBLIC OUESTIONS AND COMMENTS Jim Levorsen, member of the Peninsula library Committee, updated the Council on the Committee's activities and reported the Committee has completed a Peninsula library Building Program which includes community and County library Staff input, addresses demographics, plan of service, square footage breakdown, building service area analysis, furniture and equipment needs, etc. He added that they have hired a professional library planner who will refine and finalize the information in the program for submittal to an architect; they are proposing a 10,000 sq. ft. one-story building; they have determined preliminary construction and operating costs; and hope to begin formal fund raising activities once a site has been secured. C. COUNCIL. COMMISSION OR COMMIITEE REPORTS NEW TOWN COMMUNITY CENTER PROGRESS REPORT (Vice- Mayor Kuhn) Vice-Mayor Kuhn reported that both the Site/Space Allocation and Finance Subcommittees for the new Town Community Center are continuing to meet and will have a joint report for presentation to the Town Council by the fourth week in April. ~, He added that no new developments have occurred in negotiations with Pt. Tiburon representatives; however, the committees are addressing the issues related to the Ned's Way site, including relocation of the Thrift Shop and Child Care Center, and circulation concerns associated with the Reed School and Ned's Way properties. TOWN COUNCIL MINUTES #938 3/17/92 1 N...'..... D. CONSENT CALENDAR r At the request of resident Nicky Wolf, Item #6 T0WN MANAGER'S SALARY was removed from the Consent Calendar for discussion at the end of the meeting. Councilmember Friedman also requested Item #2 PROPOSmON "A" COUNTYWIDE OPEN SPACE PARCEL TAX be removed for further discussion. Councilmember Friedman requested Minutes #937 be amended as follows: Page 3, 1st paragraph, line 4, strike "four lots" and insert "three acres." Page 6, 4th paragraph, line 3, delete the word "master." Motion: To approve the Consent Calendar as amended consisting of the following items: 1. 3. APPROVAL OF MINUTES #937, March 3, 1992, as amended. FAIR HOUSING MONTH ("Let's Make the Dream Come True"- Resolution) RECOGNITION OF PUBLIC SERVICE - ANNE BROWN (Retiring as librarian from Belvedere/Tiburon Branch library - Resolution) SB 158 (KOPP) BROWN Acr REVISIONS (Recommend Town Oppose Proposed Revisions) 4. " 5. Moved: Vote: Kuhn, Seconded by Friedman AYES: Unanimous ABSENT: Logan E. PUBLIC HEARINGS 7. SIGN ORDINANCE (Complete Revision - Ordinance, 2nd Reading) The Planning Director reviewed the proposed language revisions concerning neon signs as discussed at the previous Town Council meeting. The Town Council indicated their approval of the proposed language. Mayor Thayer opened the public hearing, and upon receiving no public input, closed the public hearing. Motion: Moved: Vote: To read the Ordinance by Title Only. Friedman, Seconded by Kuhn AYES: Unanimous ABSENT: Logan r, TOWN COUNCIL MINUTES #938 3/17/92 2 ,.,'.,.......,:..-.,,,'... Motion: r Moved: Vote: To pass second reading of AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REPEAUNG IN ITS ENTIRETY CHAPTER 16A OF THE MUNICIPAL CODE (SIGNS, HANDBILLS, AND EXTERIOR liGHTING) AND ADOPTING A NEW CHAPTER 16A OF THE MUNICIPAL CODE (SIGNS), as amended. Kuhn, Seconded by Coxhead AYES: Friedman, Coxhead, Kuhn, Thayer ABSENT: Logan 8. ZONING ORDINANCE (Amendments, Resolution, Ordinance, 1st Reading) The Senior Planner reviewed the proposed amendments to the zoning ordinance. These include several "clean-up" amendments and inclusionary housing requirements. He noted receipt of a letter from the Marin Legal Aid Society requesting a wording change referring to intermediate or community care facilities or any other residential care facility for the handicapped located in a single family dwelling because of violation of the Fair Housing Amendments Act as inappropriate in a zoning regulation and superfluous. Council discussed several aspects of the proposed amendments, including the provisions on accessory buildings, floor area ratios, and whether reference in the Ordinance should be made to Fair Housing Act or Fair Housing Amendments Act. " Mayor Thayer opened the public hearing on potential environmental effects of the' proposed Zoning Ordinance text amendments; and upon hearing none, closed the public hearing. Motion: Moved: Vote: To adopt A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON CERTIFYING A NEGATIVE DECLARATION FOR THE ADOPTION OF CERTAIN ZONING ORDINANCE TEXT AMENDMENTS. Friedman, Seconded by Kuhn AYES: Unanimous ABSENT: Logan Mayor Thayer opened the public hearing on the merits of the proposed zoning ordinance text amendments. Anne Rubenstein, attorney for Legal Aid of Marin, stated that the correct title of the law is Fair Housing Amendments Act; stated that the section limiting residential care facilities to 300 feet from one another will be challenged and won't hold up in the courts because it is in violation of the Fair Housing Amendments Act, although the State law does limit these types of facilities to 300 feet from one another. She urged the Town Council consider amending the wording as requested. ~, Mayor Thayer closed the public hearing. TOWN COUNCIL MINUTES #938 3/17/92 3 .,....."~ Town Attorney concurred that the language should be amended as recommended by the Marin Legal Aid Society, and the Town Council agreed to comply with this request. r Motion: Moved: Vote: Motion: To read the ordinance by Title Only. Friedman, Seconded by Kuhn AYES: Unanimous ABSENT: Logan To pass first reading, as amended, of AN ORDINANCE OF TIlE TOWN COUNCIL OF TIlE TOWN OF TIBURON AMENDING VARIOUS PROVISIONS OF TIlE TIBURON ZONING ORDINANCE (ORDINANCE NO. 360 N.S. AS AMENDED BY NO. 375 N.S.) Friedman, Seconded by Kuhn AYES: Friedman, Coxhead, Kuhn, Thayer ABSENT: Logan F. UNFINISHED BUSINESS Moved: Vote: None. G. NEW BUSINESS None. lr H. STAFF AND TOWN MANAGER REPORTS 9. MEMORANDUM FROM TOWN MANAGER TO TOWN COUNCIL, dt'd. 3/12/92 (Mar West Trial Closure Proposal Status) Town Manager reported several meetings have been held with Tiburon Peninsula Club and staff regarding a plan to temporarily close Mar West Street and it was determined that an adequate traffic study program can be prepared that will evaluate and measure the impacts of the trial closure of Mar West. The TPC has stated they will prepare a conceptual plan of the proposed improvements and the Town Engineer will submit a design for consideration. However, the Town Manager stated that during meetings with the TPC, fire and police representatives, certain safety concerns have not been satisfied. Planning Director noted that a negative declaration cannot be prepared without first resolving the safety issues. Vice-Mayor Kuhn requested specific information from the police and fire departments as to their safety concerns; and Mayor Thayer responded that it had been indicated by Fire Chief Buscher that Mar West is an important alternate escape route in the event of an emergency or closure of Tiburon Blvd. t:. Barbara Mathew, TPC Manager, stated the TPC is willing to design and plan whatever would be acceptable .to the police and fire departments to allow emergency access TOWN COUNCIL MINUTES #938 3/17/92 4 ,,;;~,""'~....-,...!".. . ~ ..,~.;., ~... ..--....,.,..-',~"-"""'......". . ~ through the proposed cul-de-sac, but both agencies have indicated that any closure of Mar West would be unacceptable. . Councilmember Coxheadstated that he felt the goals of both the public safety agencies and the TPC could be met by designing emergency access through the proposed cul-de- sac similar to that which exists at Greenwood Beach Road. The Town Council discussed whether a special meeting should be scheduled to hold a public hearing before the current Town Council, or whether the matter should be deferred to the new Town Council after the election. They also discussed the fact that an EIR will be required since the safety issues cannot be resolved. Arlene Nielson, Mark Terrace, urged the Town Council take action and authorize a trial closure of Mar West. Police Chief Herley stated the Police and Fire Departments' objections are based upon concerns relating to emergency vehicles crossing over the area of closure where people may be leisurely lingering or children playing and the refusal of the Fire District to do so, thereby causing delay in emergency response; the concern that traffic on Beach Road will be increased; and concern over the difficulty of fire rigs maneuvering around barricades. Therefore, the Fire and Police Departments are opposed to any kind of closure of the road. However, he stated both the Police and Fire Departments would support a realignment of the road. " The Planning Director stated that computer alternatives are available that can simulate a road closure and could assist in providing traffic study data. Debbie Fischer, 20 Lagoon Vista in Pt. Tiburon, expressed concern about potential increased traffic impacts on Beach Road if a trial closure is approved and requested that a traffic study be conducted on Beach Road before such a closure is approved. Mike Masterson, representing the TPC, stated they have an agreement with the Town to test a trial closure which will provide information necessary to plan for the development of their property. Barbara Mathew, TPC, stated the Town Engineer has developed a plan and alternatives for a trial closure; the use of the Club by children is increasing and there is pressure on the Club to resolve the safety issue; would like the trial closure done this summer during peak season; and requested the Town Council move ahead on this issue. Town Engineer reiterated the safety agencies' concerns and stated he does not know how to design a road closure that would resolve those issues; however, he disagrees that an adequate alternative escape route could not be provided through the cul-de-sac should Tiburon Blvd. be closed in the event of an emergency. t-, Mike Masterson stated the Club also has a public safety issue as to the safety of its membership; the TPC is not willing to relinquish its agreement with the Town for a trial closure of Mar West; they will proceed with a plan based on road realignment, but it TOWN COUNCIL MINUTES #938 3/17/92 5 .~.~.........._~,..-. rr may still be shown during the EIR process that cul-de-sacing is the best alternative, in which case they will come back to request the Town honor its agreement; and it is not known how accurate the information provided through simulation will be. . After additional discussion, it was the consensus of the Town Council to fulfill its obligation to temporarily close Mar West through a computer simulation because of the overriding public safety issues; that no public hearing regarding temporary closure be scheduled; recommended that the Club base its plan on realignment of Mar West and begin the normal planning process for its improvement proposal. 10. MEMORANDUM FROM TOWN CLERK TO TOWN MANAGER, dt'd 3/11/92 (Parks & Open Space Commission's Recommendations & Requests) The Town Manager requested the Council prioritize the POSC's list of recommendations for consideration at future Town Council meetings. After discussion, the Town Council requested the issues of Blackie's Pasture be set for public hearing, and the issue of playground equipment replacement be placed on the April 7th Town Council meeting. The other issues on the POSC's list were prioritized as follows for consideration at subsequent Town Council meetings: 1) San Rafael Avenue Secret Garden, 2) Memorial Policy, and 3) Land Management Program. [r-. 11. MEMORANDUM FROM TOWN MANAGER TO TOWN COUNCIL, dt'd. 3/12/92 (Town Projects/Issues Status) The Town Manager requested the Town Council identify those outstanding and pending projects and issues listed ,which it desires to address at the next Town Council meeting before the reorganization of the Town Council after the Municipal Election. Councilmember Coxhead requested a report on the issue of newspaper racks and Mayor Thayer requested a report on the status of the Child Care Center lease for the next Town Council meeting of April 7th. Council further discussed the issue of repairs at Elephant Rock and whether to perform a complete and more costly repair of the walkway or to patch the walkway; and the issue of a no smoking policy in Town restaurants. It was determined that the balance of the items on the list are to be considered at the spring Town Council Retreat and during the budget hearings. I. COMMUNICATIONS r, 12. Ltr. from RUSD to Town Manager, dt'd. 3/3/92 (Recently Adopted Tobacco-Free Schools Policy Applicable to RUSD Property) The Town Manager noted that the Reed Union School District has adopted a Tobacco- Free Schools Policy and has requested the Town inform citizens who may step outside Room 5 to smoke during Town meetings that this will no longer be allowed on school property after September 1, 1992. TOWN COUNCIL MINUTES #938 3/17/92 6 t" Vice-Mayor Kuhn requested a sign indicating such be posted within the Council Chambers and that the appropriate notification be included on the Town meeting agendas. 13. Ltr. from American Red Cross to Mayor Thayer, dt'd. 3/5/92 (Requesting March be Proclaimed American Red Cross Month) The Town Manager reported that the American Red Cross is requesting state and local governments honor them by proclaiming March as American Red Cross Month through adoption of the proposed resolution. Motion: 2. To adopt A RESOLUTION OF TIIE TOWN COUNCIL OF TIIE TOWN OF TIBURON COMMENDING TIIE AMERICAN RED CROSS AND RECOGNIZING TIIE MONTH OF MARCH AS AMERICAN RED CROSS MONTH. Kuhn, Seconded by Coxhead AYES: Unanimous ABSENT: Logan PROPOSmON "A" COUNTYWIDE OPEN SPACE PARCEL TAX (Recommend Support) Moved: Vote: " This item was removed from the Consent Calendar at the request of Councilmember Friedman. He requested a copy of the letter forwarded to the County Board of Supervisors from the Mayor requesting that the lands marked for Tiburon Open Space be moved from the County's priority "B" list to the priority "A" list be forwarded to the members of the Town Council. He also questioned whether endorsement by the Town of Measure A should wait until a response to the Town's letter is received. It was the consensus of the Council to defer this matter to the April 7th regular meeting; and Councilmember Coxhead requested copies of the ballot and parcel tax ordinance language be provided at that time. 6. TOWN MANAGER'S SALARY - Resolution This item was removed from the Consent Calendar at the request of citizen Nicky Wolf. Mayor Thayer noted that the proposed salary increase is the final phase of a two-year contract with the Town Manager. r--. Nicky Wolf complained that information regarding salary increases is not distributed to the public in a timely manner; presented charts and graphs indicating that the anticipated future budget deficit- will be created by the Town's superinflationary employee salaries; that inflation is at 5% and salary growth has been at 7\%; that Tiburon's employees are paid above the average based on the Town's population, employees managed and budget; and requested the Town Council consider the fiscal implications of increasing salaries above the inflation rate. TOWN COUNCIL MINUTES #938 3/17/92 7 ." .,,~~, ",;:j, r Vice-Mayor Kuhn requested copies of Ms. Wolfs charts be forwarded to the Council; noted it is important to stay competitive in the market place; and stated that the Town Manager has done an excellent job of keeping the employee-per-capita numbers to a minimum. Mr. Cook, resident, requested adequate notice be disseminated to the public regarding the future budget hearings; and the Town Council responded that the first budget hearing is scheduled for May 20th. The Town Council spoke in support of the proposed salary increase for the Town Manager and stated that salary comparisons were conducted within the County and Tiburon's Town Manager was shown to be third from the bottom in salary compensation. However, they stated they will consider the Information prepared by Ms. Wolf during the budget hearings. Motion: To adopt A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ESTABliSHING THE ANNUAL SALARY OF THE TOWN MANAGER. Kuhn, Seconded by Friedman AYES: Unanimous ABSENT: Logan .T. CLOSED SESSION Moved: Vote: " Mayor Thayer adjourned the meeting to Closed Session at 11:00 p.m., to discuss litigation matters. K. AD.TOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Thayer adjourned the meeting at 11:45p.m., sine die. ATIEST: r-~nu F4.~ THERESE M. ENNESSY, TrrnRK ~ t-, TOWN COUNCIL MINUTES #938 3/17/92 8 '""'4<-'...-~_,,,,,,....._:~..._,,,,