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HomeMy WebLinkAboutTC Min 1992-05-06 TOWN COUNCIL MINUTES " CALL TO ORDER Mayor Kuhn called the regular meeting of the Town Council of the Town of Tiburon to order at 7:35 p.m., Wednesday, May 6, 1992, in Room 5, Del Mar School, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Nygren, Friedman (7:40), Thayer, Thompson, Kuhn ABSENT: COUNCILMEMBERS: None EX OFFICIO: Town Manager Kleinert, Town Attorney Ewing, Town Engineer Bala, Supt. of Public Works Iacopi, Planning Director Lohman, Finance Director Stranzl, Police Chief Herley, Minute Clerk Kearney. B. APPOINTMENTS TO COMMISSIONS. BOARDS. COMMITTEES " Mayor Kuhn distributed draft copies of suggested appointees to various Town Council committees. He also requested a sixth committee, Belvedere/Tiburon Joint Recreation Committee Liaison, be added to the Town Council Special Committees with Councilmembers Thayer and Nygren as appointees. Councilmember Nygren was appointed to the R-T-H (Reed-Town-Hilarita) Committee Liaison to serve with Mayor Kuhn. The Town Council unanimously indicated their approval for the proposed appointments. Mayor Kuhn requested assigned delegates contact their alternates in advance when they cannot attend a meeting, and that a written report be submitted to the Council after attendance at the various meetings. Councilmember Nygren noted that she will be submitting a response to the County's Countywide Plan for Council consideration at the May 12th regular meeting. The Town Council requested that their home addresses be placed on the MCCMC's mailing list to facilitate the receipt of information from the various committees. Mayor Kuhn noted that the issue of re-establishing the Housing Committee will be discussed at the Town Council retreat scheduled for Friday, May 15, 1992. l TOWN COUNCIL MINUTES #942 5/6/92 1 Marin County Commission on Aging '" The Town Manager noted that the term of Bryan Chapman, the Tiburon appointee to the Commission on Aging, expires on June 30, 1992, and recommended reappointment of Mr. Chapman. Motion: To reappoint Bryan Chapman as the Tiburon Town Council appointee to the Commission on Aging. Thayer, Seconded by Friedman AYES: Unanimous Moved: Vote: C. PUBLIC OUESTIONS AND COMMENTS None. D. INTRODUCTION OF NEW TOWN EMPLOYEE Susan Donahue, Police Dispatcher Police Chief Redey introduced the new Police Dispatcher, Susan Donahue, to the Town Council and the community; and the Town Council welcomed her to the Staff. E. COUNCIL. COMMISSION OR COMMITTEE REPORTS " NEW TOWN COMMUNITY CENTER REPORT (Mayor Kuhn) Mayor Kuhn reported that a special meeting is scheduled for May 12th to review the reports of the Space Allocation/Site Selection Subcommittee, the Financing/Implementation Subcommittee and the New Town Center Standing Committee; the meeting will be a working session; and the public hearing on this matter is scheduled for the regular Town Council meeting of May 20th. Because of their past experience and knowledge of the project, Vice-Mayor Friedman recommended the Town continue the retention of architects Roland/Miller Assoc. to prepare an amended plan based on the recommendations of the committees. Councilmember Thayer concurred. Councilmember Nygren offered her services as a space designer to assist the Architect Selection Committee in determining the space needs for the new Town Center; and after discussion, it was agreed that the structure of the various subcommittees should stay intact until after the final reports are received and various related decisions made including whether space for the Belvedere/Tiburon Joint Recreation Department should be included. These issues will be discussed at the May 12th meeting. DOWNTOWNWATERFRONTCOMMITIEE REPORT (Mayor Kuhn) l Mayor Kuhn reported that a progress report will be received May 7th and he will report back at the May 12th meeting in detail. TOWN COUNCIL MINUTES #942 5/6/92 2 MEMORIAL POLICY (POSC Recommendation - Richard Hill, Chairman) ~ POSC Chairman Hill reported that a unifying memorial policy is needed to deter the proliferation of signs within the Town; the POSC is recommending a reaffirmation of a policy proposed in 1988; noted that this policy addresses normal requests and gifts of moderate size, but does not adequately address major gifts to the Town. He noted that a resident currently is offering a gift of $10,000 to replace the play equipment at the South of Knoll Park in memory of a family member with the appropriate recognition, and a decision regarding the definition of a major gift needs to be determined by the Town Council. The POSC recommended that a major gift be defined as a gift of $10,000 or more which will cover a significant percentage of the cost of a high priority Town project. Additionally, the POSC recommended the Town Council reaffirm the memorial policy with the understanding that matters relating to the community plaque be reviewed when the Town Hall location has been determined; and requested that the Town Council consider under what circumstances exceptions to the general rule would be allowed. There was discussion regarding the need to amend the proposed policy to allow some flexibility; therefore, Vice-Mayor Friedman recommended policy #3 be amended to read "No other public memorials of any sort shall be installed on public lands unless specially approved by the Town CounciL" " Councilmember Thayer noted a memorandum from the Heritage and Arts Commission from 1980 regarding this issue and recommending requests be reviewed by the Heritage and Arts Commission, the Planning Commission and POSC before approval by the Town Council. Nat Marans, Spanish Trail Road, noted an unauthorized memorial on a bench near the Donahue Building which should be removed. A resident stated that it is her family that is offering a gift of $10,000 for new playground equipment and requested the current policy be modified for major donors because there is a condition of the gift that the playground be named in honor of her husband's deceased grandfather. Mayor Kuhn suggested this matter be referred to the Council Public SerVices Committee -to consider the issues of which commission should have jurisdiction over the policy and a policy for major donations. The Town Council concurred. F. CONSENT CALENDAR Councilmember Nygren requested Item 2, AWARD OF CONTRACf (Blackie's Pasture Grading & Drainage Construction Drawings - Bracken & Keane) be removed from the Consent Calendar for discussion. J Vice-Mayor Friedman noted that Item #3's resolution should be amended to appropriately reflect the Town's resolution format. TOWN COUNCIL MINUTES #942 5/6/92 3 Motion: t' Moved: Vote: To approve the amended Consent Calendar consisting of the following items: 1. )..'t~' APPROVAL OF MINUTES #940, April 21, 1992 AB 434 MOTOR VEHICLE REGISTRATION FEE FOR CLEAN AIR (Designating Marin County as Program Manager for the Congestion Management Agency - Resolution) Friedman, Seconded by Thayer AYES: Unanimous 2. AWARD OF CONTRACf (Blackie's Pasture Grading & Drainage Construction Drawings - Bracken & Keane) Councilmember Nygren questioned why competitive bids from other firms were not requested for this work and asked if a specialist in marsh restoration should be retained. The Town Manager responded that competitive bidding is not required for projects under $25,000 and it was felt that because of Bracken & Keane's experience and familiarity with Tiburon projects, they would be the most qualified to perform the work. Additionally, the Town Engineer stated that bids are not required for professional engineering services and Bracken & Keane are experienced with salt marsh work; that grading to shape the marsh must be completed first, then preliminary drawings will be completed for review by the Town officials and wetlands experts; and stated a geotechnical study is not needed at this time. " Motion: Moved: Vote: To approve Staff recommendations to accept the Bracken & Keane proposal and authorize them to proceed with the preparation of the Blackie's Pasture Development Plan grading with construction drawings, and conceptual drainage plans in an amount not to exceed $17,000. Thayer, Seconded by Friedman AYES: Unanimous G. NEW BUSINESS 4. PARK & SHORELINE ACCESS IMPROVEMENTS AT SAN RAFAEL AVENUE (Consider POSC Recommendation to Supplement Tiburon Peninsula Foundation & Local Residents Contributions) The POSC Chairman, Richard Hill, reviewed the staff report and requested the Town Council appropriate $13,000 to complete the "Secret Garden" on Town-owned open space at San Rafael Avenue. He noted that the total estimated cost is $18,037; $3,200 has been pledged by residents and $2,000 by the Tiburon Peninsula Foundation; the POSC feels this park will enhance the shoreline access to the Richardson Bay lineal Park; this is the final link between the lineal Park and Belvedere path on San Rafael Avenue; the cost of the project includes deferred maintenance that is already budgeted; and it is important to continue to improve the Town with small projects as well as large. l TOWN COUNCIL MINUTES #942 5/6/92 4 Discussion ensued regarding what future maintenance will be required for this project, and the irrigation system shared with the owner of the adjacent property. r Bob Ross, 16 Reed Ranch Road, spoke in opposition to the proposal and stated that this project will take funds away from the Blackie's Pasture improvement proposal. Priscilla Tripp, resident, questioned the need for improvement since the area is hidden from public view; and suggested the Town approve only a portion of the requested amount and require matching funds for the balance. Councilmember Thompson spoke in support of the proposal and stated the isolated nature of the proposed park is an advantage to create a quiet atmosphere; this is an opportunity to beautify the shoreline; and one-third of the cost has been donated. Councilmember Thayer stated that there are other priority projects, including the Blackie's Pasture plan, for which there is not enough money to complete and this proposal would deplete part of that fund. Also, he stated the new play equipment is a public safety priority; therefore, he is opposed to this proposal. Vice-Mayor Friedman spoke in favor of the project, but expressed concern regarding the costs and suggested the concept of matching funds be pursued with the Town allocating no more than $8,000. " Councilmember Nygren felt the site is pleasing in' its current natural state; felt this matter should have come before the Town Council prior to consideration by the POSC for direction; stated Blackie's Pasture should be first priority; and expressed concern regarding required additional maintenance. Mayor Kuhn stated this proposal should be considered part of completing the lineal Park; the POSC has been asked to generate these projects and bring them to the Council for consideration; concurred that the Town Council should approve the expenditure of up to $8,000 with matching funds received from outside sources. Motion: That the Town Council authorize Staff and the POSC to continue to pursue the project and that the Town allocate up to $8,000 for the project with that amount being matched by outside groups. Friedman, Seconded by Thompson AYES: Friedman, Kuhn, Thompson NOES: Thayer, Nygren Moved: Vote: 5. SUBDIVISION ORDINANCE REVISION (Approve Supplemental Funding for Subdivision Ordinance Revision Consultant) The Town Manager reviewed the staff report and requested an additional $3,000 be allocated to the existing $10,000 budgeted this fiscal year to complete the Subdivision Ordinance update at an estimated cost of $12,700. J TOWN COUNCIL MINUTES #942 5/6/92 5 Motion: To authorize the allocation of an additional $3,000 for revision of the Town's Subdivision Ordinance. Nygren, Seconded by Friedman AYES: Unanimous " Moved: Vote: H. COMMUNICATIONS A The Town Manager reported that at their April 28th meeting, the Board of Supervisors approved the grant allocation for the pedestrian bridge from the ferry slip to the Shoreline Park near Guaymas Restaurant. However, he noted that the funds will not be received until the start of the new fiscal year. I. STAFF AND TOWN MANAGER REPORTS 6. HIGHLANDS SUBDIVISION (Interpretation of Improvements Outside the Building Envelope) P- The Planning Director reported that a complaint has been received from Mr. Oliver, 39 Reed Ranch Road, regarding a possible violation of the Highlands Development Precise Plan provisions relative to incidental improvements outside the approved building envelope. However, since the <:riteria for what constitutes "improvements" has never been defined in the Highlands Development Agreement, he requested the Town Council give direction on how strict an interpretation should be used in the future on lots in affected subdivisions. He reviewed the Town's current definition of "improvements" as being synonymous with "structures" as defined in the zoning ordinance. The Town Manager added that the residents below the development are concerned that the improvements in question may be in conflict with the original drainage plans. Therefore, the Town Engineer was requested to review the improvements for compliance. There was discussion regarding whether a 2 1/2 foot retaining wall should be considered a fence, and it was noted that a retaining wall is not considered a fence until it is 4 feet or more tall. Howard Robbins, 16 Cecilia Court and President of the Highlands Homeowners Association, spoke in support of retaining the current interpretation of "improvement"; -requested clarification as to whether the development's CC&Rs are enforceable; and requested the definition of "improvements" be amended in all development agreements within the Town if the Council changes the definition. Nicky Wolf, 426 Greenwood Beach Road, stated that it is clear the word improvements is intended to include more than structures and if the Town Council limits the definition to structures, it will negate the many years of hearings that went into the development of the precise plans. J Vice-Mayor Friedman spoke in support of retaining the current definitions and policies; stated that because of the dissimilarity between neighborhoods, not all development TOWN COUNCIL MINUTES #942 5/6/92 6 agreements should contain the same requirements; and stated that a development's CC&Rs do not prevail over Town ordinances and the two should be consistent. r Councilmember Nygren agreed to support retaining the current definitions and policies, but added that the intent of allowing retaining walls in the Highlands Development was in conjunction with driveways, and additional retaining walls should not be added to the area without consideration of their effects on the neighbors below. Councilmembers Thompson and Thayer agreed to keep the current definitions and policies. Mayor Kuhn concurred and summarized the Town Council's decision to retain the current definitions and policies with the suggestion that Staff be mindful of visual and other impacts. Councilmember Nygren recommended property owners make sure approval is received from all neighbors below and around when an improvement is planned. 7. RAILROAD MARSH (Status of Proposed Maintenance Program) The Finance Director reviewed the staff report and stated that because of possible problems with the soil quality, the soil may have to be hauled to outside landfills instead of placed at Blackie's Pasture at a significantly greater cost. Therefore, it is recommended that the project be re-evaluated in its entirety. P- The Town Manager indicated Staff would report back prior to the July 1 Town Council meeting with a revised proposal; and Councilmember Nygren requested Staff also provide a long-term maintenance proposal for the marsh. Jeff Kaiser, member of Point Tiburon Homeowners Assn., urged the Town proceed with the dredging and not lose another year; stated the mosquitos are a problem; expressed concern that the marsh will become overgrown with vegetation and eventually dry up; and stated the Association is displeased with the aesthetics of the marsh in its current state. The Town Engineer reported that because of undesirable materials found in the soils, the Town can no longer afford dredging the Marsh because of the costs associated with appropriate disposal of the soils. There was further discussion regarding removing the vegetation by hand-pulling the weeds and the possible use of non-toxic herbicides. The Town Manager was further directed to explore immediate efforts to alleviate the mosquito problem in the area. J Mia Bashore, 10 Marsh Road, noted that she submitted an informational video to the Supt. of Public Works regarding the use of pesticides. TOWN COUNCIL MINUTES #942 5/6/92 7 8. AMERICANS WITH DISABILITIES ACf (Review of Town's Compliance Program) , ~. The Town Attorney noted the publication of a press release by the Town indicating the Town's efforts towards complying with the Americans with Disabilities Act; stated that Staff is preparing a self-evaluation of Town facilities; and the Town Manager is budgeting for needed improvements. 9. 1992-93 PRELIMINARY BUDGET PUBLIC HEARING SCHEDULE (Finalize Public Hearing Dates) The Town Manager reviewed the proposed revised public hearing schedule for review of the 1992-93 Preliminary Budget. Council approved the following dates for reviewing the budget: May 20 for the budget introduction and overview, June 9 for review of the revenue and restricted fund projections, June 17 for review of the capital improvements program and redevelopment agency, June 29 for review of the departmental budgets, and July 1 for adoption. .T. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Kuhn adjourned the meeting at 10:31 p.m., to Tuesday, May 12, 1992,7:30 p.m., to receive the New Town Community Center Subcommittees report and recommendations. . ". ALVIN R. KUHN, MAYOR ArrEST: ~to/; ~ THERESE M. ENNESSY, TO CLERK J TOWN COUNCIL MINUTES #942 5/6/92 8