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HomeMy WebLinkAboutTC Min 1992-06-17 ./ 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, June 17, 1992, in Room 5, Del Mar School, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Nygren, Friedman, 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 l The Town Manager reported that interviews for vacancies are scheduled for the first meeting in July. -- C. PUBLIC OUESTIONS AND COMMENTS Jeanette Vosti, 21 Mara Vista Court, reminded the Town Council that in September of 1990, they granted a rehearing of an appeal and approved a second story at 12 Mara Vista Court based on the owner's assertion that a second story is necessary to care for his elderly parents and that he plans to reside in the home. However, Ms. Vosti reported that the second story was never built and the house is now on the market advertised with approvals for an additional master suite on a second story, and the listing real estate agent is Mr. Ralph Hockley. She further added that because the second story was previously granted to Mr. Choi because of his unusual circumstances which now do not exist, this right should not be passed to the next owner; therefore, she requested the Town Council rectify this situation and rescind their previous approval. L The Town Attorney stated that land use approvals run with the land and are not attached to the individuals who obtain the permits; the fact that the Chois are now selling their house is immaterial to the process by which the approvals were received and the approvals cannot be revoked at this time. However, he added that the approval must be exercised within six months, and if it is not, it can be reconsidered at that time. -- TOWN COUNCIL MINUTES #947 6/17/92 1 " J Mayor Kuhn requested Ms. Vosti to submit her comments in writing to the Town Council. It was agreed to place this matter on a future agenda for discussion; and Vice- Mayor Friedman requested the Town Attorney draft a resolution or ordinance outlining the circumstances under which an approval can be reconsidered. D. COUNCIL. COMMISSION OR COMMITTEE REPORTS HOUSING COMMITTEE (Scope of Work, Program, Time Schedule and Funding. Becky Clelland, Oral Report) r-- Becky Clelland, Housing Committee Chair, reported that after the Committee's first meeting on June 2, it was determined that the scope of their work should include the following items: (1) the development of a recommendation for the Town's role and financial assistance in conjunction with the Tiburon Ecumenical Association for preservation of The Hilarita. A status report and recommendation will be submitted to the Town Council by December 1992; the Committee will be meeting with a TEA board member and consultant on July 10th; and a tour of The Hilarita is planned. (2) Review available housing sites which may be appropriate for affordable housing and determine if additional sites exist within the Town's sphere of influence, evaluate those sites for the type of housing that might be appropriate, including affordable housing, senior housing or both. They will be recommending specific housing sites for further feasibility studies which would include the type of housing, the size, the general configuration, the estimated costs, financing and implementation methods. The Committee als.o wants to develop criteria or guidelines for potential developers to meet the affordable housing requirement by demonstrating that the 10% affordable housing requirement is not feasible either by construction or through the purchase of existing units. (3) The Committee wants to research nonprofit agencies willing to work with the Town and determine options for development of the Highlands property and provide specific recommendations for further feasibility studies. I Mayor Kuhn requested the Committee remain objective in their review of the different properties and requested the Town Council receive copies of the Housing Committee's minutes. Councilmember Nygren requested the Town Council be informed of the date of the Hilarita tour when it is determined. Further, the Town Manager suggested a representative of the Housing Committee attend the Marin Commission on Homelessness meeting scheduled for June 18th at the Strawberry Recreation Center; and Ms. Clelland indicated she planned to attend. DOWNTOWN WATERFRONT COMMITTEE (Progress Report - Mayor Kuhn) I Mayor Kuhn reported that the Committee is studying the feasibility of turning Main Street into a one-way street traveling west and the Committee is determining whether there is room for a roundabout off Beach Road adjacent to the Zelinsky property. -- Mayor Kuhn noted the June 7th memorandum from the Town Attorney regarding construction of the dock facility in the Downtown area, subsequent lease by Red & TOWN COUNCIL MINUTES #947 6/17/92 2 White Ferry, and possible application to the MTC for funding assistance. He requested this matter be placed on the agenda for the next regular Town Council meeting. Mayor Kuhn also requested John Shaller be added to the Waterfront Committee membership and that he receive a copy of the Town Attorney's memorandum. " <A) Regarding the new Library, Mayor Kuhn reported that efforts are underway to conclude the process for the sale of the Mar West property to the County for the new Library. He stated that the County's Finance Committee will be addressing this matter to approve the tax allocation based on the purchase price of $500,000. E. CONSENT CALENDAR Mayor Kuhn recommended Item #9 be moved to the Consent Calendar for approval and the Council agreed. . Minutes #944 were amended on page 6, paragraph 2, to read: "Councilmember Thayer also acknowledged the efforts of Hal Edelstein, Jim Wilson, Kirk Hanson, Mark Pressman, John Harrington and Mayor Kuhn." Motion: I '"' ~ \9~-2. r;-'6V1 3. I ~~S~9. Moved: Vote: To approve the amended Consent Calendar consisting of the following items : 1. APPROVAL OF MINUTES #943, May 12, 1992; #944, May 20, 1992; #945, June 3, 1992 DESTRUCTION OF RECORDS & RECORDS RETENTION SCHEDULE -Resolution SOLID WASTE MANAGEMENT (Redesignation of Environmental Health Services as Marin County's Local Environmental Agency. LEA . Resolution) MARIN COUNTY CONGESTION MANAGEMENT PROGRAM (Designating the Marin County Congestion Management Agency as Program Manager. Resolution) Friedman, Seconded by Nygren AYES: Unanimous Vice-Mayor Friedman abstained from approving Minutes #943, and Councilmember Nygren and Mayor Kuhn abstained from approving Minutes #945 due to their absence at those meetings. 8. DRAFT MARIN COUNTYWIDE PLAN (Approve Tiburon's Comments for Submittal to Marin County Planning Commission) At the request of Councilmember Nygren, the Town Council agreed to move this item ahead on the agenda for discussion. I - TOWN COUNCIL MINUTES #947 6/17/92 3 Councilmember Nygren requested the Council's approval of her draft letter addressing the Marin Countywide Plan to be forwarded to the Marin County Planning Commission and the Countywide Planning Agency. " Motion: Moved: Vote: To approve the draft letter as proposed by Councilmember Nygren. Thayer, Seconded by Friedman AYES: Unanimous F. PUBLIC HEARINGS 4. NEW TOWN COMMUNITY CENTER POLICY DECISIONS. Continued Public Comment and Specific Policy Decisions by Town Council Regarding the Following: a. Finalize Specific Location for New Town Community Center (Discussion and Motion) Mayor Kuhn opened the public hearing, and upon receiving no public comment, closed the public hearing. Motion: Moved: Vote: I r- To select the Ned's way site for the New Town Community Center. Nygren, Seconded by Friedman AYES: Unanimous b. Determine Precise Location at Ned's Way, i.e., Up-slope or Flat Area (Discussion and Motion) Mayor Kuhn noted that the subcommittees have reported that costs are not a factor in determining whether to building either up-slope or in the flat area of Ned's Way. He added that there are certain advantages to building on the up-slope, such as not requiring the relocation of the Child Care Center and the Thrift Shop, and also the relocation of Town Offices during construction. Mayor Kuhn opened the public hearing, and upon receiving no public comment, closed the public hearing. Vice-Mayor Friedman expressed his approval of building on the up-slope with architectural approval. Councilmembers Thayer and Nygren both indicated their support for building on the up-slope; and Councilmember Nygren stated she would hope the building would be two story and impact the Community Garden as little as possible. Motion: I Moved: Vote: r To approve locating the New Town Community Center on the Up-slope subject to architectural considerations. Friedman, Seconded by Thompson AYES: Unanimous TOWN COUNCIL MINUTES #947 6/17/92 4 - c. Reconfirm Roland/Miller Associates as the Town Architects for the New Town Community Center Project (Discussion and Motion) Mayor Kuhn opened the public hearing. Russ Wischow, Chairman of the Site/Space Allocation Subcommittee, expressed opposition to reconfirming the Roland/Miller architects without requiring them to first respond to questions of the Standing Committee to explain the basis for their decisions regarding their first Town Hall proposal. Don Batten, Pres. of the Belveron Homeowners Assn., offered his services to provide a low cost, improved sound system when the new Community Center is built. Upon hearing no further public comment, Mayor Kuhn closed the public hearing. Vice-Mayor Friedman stated that Roland/Miller was previously selected after an extensive, thorough interview process and he still supports their selection as the architects for the new Town Center. He added that any failures on the part of Roland/Miller were partially the fault of the Standing Committee who rushed and communicated different objectives and desires to the architects. However, he supported having the members of the Standing Committee meet with Roland/Miller representatives to answer their questions. -- Hal Edelstein, Standing Committee member, emphasized the importance of clearly outlining in writing the goals and appropriate lines of communication for the architects to follow, and he agreed that the architects should meet with the Standing COIl!mittee to address any concerns. He added that until certain differences of opinion are settled, major decisions should be brought before the citizens committees before direction is given to the architects. I Councilmember Thayer stated that the architects had a very short deadline to assimilate a great deal of information and that the previous plan was only meant to be a space requirement study; however, he would support having the architects meet with the Standing Committee. Councilmembers Thompson and Nygren concurred. Therefore, Mayor Kuhn directed the Standing Committee to meet with Roland/Miller architects within the next two weeks to allow Roland/Miller the opportunity to respond to questions of the Committee. d. Consider Best Approach to Master Plan R-T-H Area 1. Town Architect 2. SW A Associates 3. RUSD Architect I This matter was postponed until after a decision is made regarding the architect selection. -- TOWN COUNCIL MINUTES #947 6/17/92 5 ~ e. Approve Inclusion of Office Space for Belvedere/Tiburon Joint Recreation Department. Terms to be Negotiated with City of Belvedere (Discussion and Motion) Councilmembers Nygren and Thayer both expressed support for including the Joint Recreation Department in the plans for the new Town Community Center. Vice-Mayor Friedman stated there are still certain issues that need to be resolved, including negotiations with the City of Belvedere regarding the Joint Belvedere/Tiburon Recreation Committee. He added that the request of the Department would increase the project costs by 10% and he would prefer this request be reviewed by the architects for feasibility. Mayor Kuhn opened the public hearing. Nat Marans, Spanish Trail Road, spoke in opposition to including the Department in the planned square footage and suggested it stay in its current location until it is determined in the future that the new Town Center can be expanded. Mayor Kuhn reminded that Belvedere and Tiburon created the Committee and Department and therefore have a responsibility to provide a location for their operation. I r-- Hal Edelstein, Standing Committee member, stated that as much as 25-33%.additional square footage might need to be added to the Joint Recreation Department's request for 1000 sq. ft. in the plans; the Site/Space Allocation Subcommittee did not review this issue; and reminded the Town Council that Roland/Miller had difficulty locating the proposed buildings on the up-slope because of the narrowness of the lot and its encroachment on the Community Garden. Nicky Wolf, Greenwood Beach Road, suggested postponing a decision regarding this issue until after a thorough examination of the Joint Recreation Department's space needs is conducted, but agreed that the Town has an obligation to provide a permanent location for their offices. Russ Wischow suggested the Town re-evaluate the proposed space needs for the Planning Department since the Town will be built out in a few years; therefore, consideration should be given to the possibility of eventually moving the Joint Recreation Department into vacant offices as they occur. Mayor Kuhn closed the public hearing. Mayor Kuhn stated that the architects, when they are chosen, need to have precise instructions from the Town; therefore, this issue needs to be resolved before that time and he suggested the Site/Space Allocation Subcommittee consider this matter. I r- TOWN COUNCIL MINUTES #947 6/17/92 6 Motion: ~ Moved: Vote: To refer the issue of the Joint Recreation Department's space needs back to the Site/Space Allocation Subcommittee. Kuhn, Seconded by Friedman AYES: Unanimous f. Approve Concept of MicroliIming Town Records to Reduce Storage Space The Town Manager reported that Staff is proceeding to purge all files and prepare them to be sent out for microfilming. He noted that all files will be discarded after five years, but noted that the Town Council could consider keeping one hard copy of each approved plan on file at an offsite location for over the required five year period if desired. Hal Edelstein suggested the file storage square footage needs for the New Community Center be re-evaluated since the microfilming program should reduce required space. Council discussed the need to maintain a hard copy of each property on file and the associated costs for outside storage and additional space requirements. The Planning Director noted that only the important elements of each file, from the time of the Town's incorporation, will be microfilmed, including the final approved plan, the final minutes of the meeting, the final resolution or ordinance, and the staff reports; and all other materials will be purged. All files under five years of age will be maintained in both hard copy form and microfilm form. I Motion: Moved: Vote: To approve the concept of microfilming the Town records to reduce storage space and to microfilm the four major components of ail files, from the inception of incorporation on a continuing basis, and that the Town maintain hard copies of those files under five years of age. Thompson, Seconded by Thayer AYES: Unanimous Hal Edelstein requested the Town Clerk update her memorandum from March 1992 regarding file space needs and forward this information to the Site/Space Allocation Subcommittee. 7. 1992-93 TOWN BUDGET (Continued Public Hearing - Review of Capital Improvement Program and Redevelopment Agency Activity) The Town Council agreed to move this item forward on the agenda because of the late hour and the number of citizens present to hear this matter. The Finance Director reviewed the Redevelopment Agency history, background and current status. He reported that the Redevelopment General Fund will have approximately $139,500 as of June 30, 1992; and the Low/Moderate Income Housing Fund will have approximately $1,030,800. He noted that the Town has five years from the date of June 30, 1990, in which to develop a plan for expenditure of the I r TOWN COUNCIL MINUTES #947 6/17/92 7 Low/Moderate Income Housing Fund or the Town will be required to remit to the County all resources in excess of $500,000. " Mayor Kuhn opened the public hearing regarding the issue of the Redevelopment Agency General Fund. Upon hearing none, Mayor Kuhn closed the public hearing. The Town Manager reviewed the three primary categories of the Town's Capital Improvement Program, including street maintenance, drainage improvements and Community Development Projects. He reviewed the list of recommended street improvements for a total cost of $259,400 which will include a $15,000 allocation for emergency street repairs, a $119,700 allocation for full length repairs of Venus Court, $87,000 for Trestle Glen overlay and repairs, $5,000 for Red Hill Circle overlay and repairs, and a $32,000 allocation for a right turn lane at B1ackfield Drive and Tiburon Blvd. He added that there are not sufficient funds available to complete all the Town's street improvement needs; however, he recommended patching work on certain other streets not included in this year's budget at an additional cost of $15-20,000. He suggested the Town Council Finance Committee discuss the possible redirection of funds from other accounts to address additional street improvement needs within the Town. " Mayor Kuhn noted that over the last seven years the Town has spent 44%, or approximately $500,000, of its total gas tax fund allocation on Belveron streets, and other neighborhood streets have been improved through resident participation in street improvement bonds. Therefore, he stated that Belveron residents may need to contribute toward future improvements because of the Town's declining revenues. The Town Manager stated the long range goal is to have the Town Engineer and the Finance Committee meet to determine a strategy for additional funding for curbs and gutters and proper overlay work. However, he stated the Town must await a decision from the State as to how much of the cities' and towns' property taxes and vehicle license fees it will be withholding. The Town Engineer reviewed past street and drainage improvements in Belveron, including those drainage improvements completed by Perini Development at a cost of $900,000. He also reported that the curbs and gutters must first be repaired before the overlays can be completed; that efforts were made in the past to organize a street improvement district in Belveron, but was rejected by the residents; stated the patching work is necessary until the curbs and gutters can be properly corrected; that other streets in the Town need comparable attention; and that the longer the Town waits to complete this work the more it will cost as the streets continue to deteriorate. He added that making Main Street a one-way will be very expensive and noted that a grant of $14,000 has been approved for additional bicycle parking at the ferry terminal. I Councilmember Nygren recommended the Town prioritize the streets that need immediate attention and make those repairs without making double expenditures through the patching work. r TOWN COUNCIL MINUTES #947 6/17/92 8 -- ~ The Town Manager responded that although Staff prefers not to defer maintenance, it is important to maintain a reserve for storm damage repairs. Mayor Kuhn opened the public hearing to address street improvements. Don Batten, President of the Belveron Homeowners Assn., stated the previous efforts to form an assessment district were rejected by the residents because of excessive costs and it was felt that the Town should assist in paying for the needed improvements and, except for the Via Capistrano Assessment District, other districts within the Town have been formed by the developers. Katy Bruel, Belveron resident, acknowledged that the Town has spent much money on Belveron to date, but the drainage improvements provided by Perini Development benefitted other areas besides Belveron; noted it will cost more if the street work is deferred; suggested a parcel tax for street improvements only; and urged monies from other funds be redirected. There was discussion about whether the residents of Belveron would be receptive to forming an assessment district if the Town participated and Mayor Kuhn stated that the Council will be reviewing these alternatives after the State makes a decision. r Al Kirschbaum, Belveron resident, urged the Town Council consider streets and the new Town Hall as priorities and cut those items which are not a necessity. !,urther,. he supported redirecting monies from other funds for these purposes and suggested the Town advertise for citizens to shop in Tiburon to help raise sales tax revenues. The resident of 22 Apollo Rd. questioned why Apollo Rd. has been deleted from the five-year plan when it is in the worst condition of all the streets in Belveron and stated that although he would be willing to participate in a parcel tax or assessment district, he would likewise expect the Town's participation in some of the costs; and the Town Engineer responded that the Supt. of Public Works is now obtaining bids for the patch work in Belveron, including Apollo Rd. Winston Jones, Belveron resident, stated the holes in Apollo Road caused from large equipment traveling to developments are ruining their cars. Mayor Kuhn closed the public hearing addressing street improvements. ~ After additional discussion, Mayor Kuhn noted that the Town Council Finance Committee will be meeting to discuss the recommended patch work and fund re- allocation; to discuss the total problems associated with the State cutbacks; to re-examine the total street conditions within the Town including a re-examination of Apollo Rd.; and to consider pursuing a parcel tax or the formation of an assessment district. He also recommended the Belveron leaders poll their residents to get an updated consensus regarding their views on forming an assessment district and report back to the Town Council. TOWN COUNCIL MINUTES #947 6/17/92 9 -- ~ The Town Manager reviewed the Community Development Improvements portion of the Capital Improvement Program and requested the Town Council approve certain mandatory items and discuss the other items on the list before approval. Motion: Moved: Vote: To approve Items 1, 4, 7, 8, 13,and 18 as listed on the Community Development Improvements list. Friedman, Seconded by Nygren AYES: Unanimous Regarding Item 5, restoration and repair of the Donahue Building, Joan Bergsund, Chairman of the Landmarks Society, reported that the first draft of the report on the building's structural status has been completed but does not include cost estimates aiJ.d added that the Tiburon Foundation has agreed to assist fund raising for the planned interior museum exhibits. Motion: Moved: Vote: Motion: ~ Moved: Vote: To approve Item 5, restoration and repair of the Donahue Building in the amount of $19,000. Friedman, Seconded by Thayer AYES: Unanimous To approve Item 9, update of Conceptual Phase Plans and Program and preparation of schematic Design Drawings for the New Town Community Center in the amount of $45,000. Friedman, Seconded by Nygren AYES: Unanimous Regarding Item 2, first stage grading and site work for Blackie's Pasture, the Town Engineer indicated that matching funds may be available if funds are indicated in the Town's budget. Richard Hill, POSC Chairman, reminded that the $150,000 is being transferred from the park development fund to establish a B1ackie's Pasture Improvements fund and represents a portion of the unused monies allocated last fiscal year for B1ackie's Pasture improvements. He urged the Town Council approve the establishment of this fund, not use restricted funds for solving the Town's deficit problems, and stated that cost estimates for the Stage I grading and site work for Blackie's Pasture will be ready within one month's time. It was noted that the actual appropriations will be subject to public hearings. Motion: Moved: Vote: ~ To approve Item 2, the first stage grading and site work for Blackie's Pasture Improvements in the amount of $150,000. Thayer, Seconded by Thompson A YES: Nygren, Thayer, Thompson, Kuhn NOES: Friedman TOWN COUNCIL MINUTES #947 6/17/92 10 -- ~ Regarding Item 10, the Pedestrian Walkway Stairs Repair from Reed Ranch Road to Jefferson Drive, Richard Hill stated that an informal survey of the neighborhood indicates that the stairs are used and should therefore be repaired. After discussion by the Council, it was agreed that the stairs should be immediately closed due to safety concerns and Councilmember Thompson was requested to contact the surrounding homeowners to determine whether the stairs are used sufficiently to warrant repair. Due to the late hour, Mayor Kuhn requested that discussions regarding the remaining items be continued to the June 29th budget hearing. . . 5. ZONING ORDINANCE AMENDMENT (Proposed Reduction of Planning Commission from Seven to Five Members . Ordinance, 2nd Reading) Mayor Kuhn opened the public hearing, and upon hearing no public comment, closed the public hearing. Motion: Moved: Vote: Motion: [' Moved: Vote: To read the ordinance by title only. Friedman, Seconded by Thayer AYES: Unanimous To pass second reading and adopt AN ORDINANCE OF mE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING THE TIBURON ZONING ORDINANCE TO REDUCE THE PLANNING COMMISSION FROM SEVEN (7) MEMBERS TO FIVE (5) MEMBERS. Friedman, Seconded by Thayer AYES: Nygren, Friedman, Thayer, Thompson, Kuhn 6. MUNICIPAL CODE REVISIONS (Repeal Chapter 16B, Chapter 20A and Portions of Chapter 2 - Ordinance, 1st Reading) Mayor Kuhn opened the public hearing, and upon hearing no public comment, closed the public hearing. Motion: Moved: Vote: Motion: ~ Moved: Vote: To read the ordinance by title only. Thayer, Seconded by Friedman AYES: Unanimous To pass first reading of AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REPEALING VARIOUS CHAPTERS AND SECTIONS OF THE TIBURON MUNICIPAL CODE. Thompson, Seconded by Nygren AYES: Nygren, Friedman, Thayer, Thompson, Kuhn G. UNFINISHED BUSINESS TOWN COUNCIL MINUTES #947 6/17/92 11 H. COMMUNICATIONS -- I 10. MEMO/FAX TO MAYORS & CITY MANAGERS from LCC PRESIDENT, dt'd 6-10-92 (Coordinate Local Efforts to Fight State Budget) Mayor Kuhn reported that a meeting with state legislators and local city/town officials has been scheduled for June 19th to protest the State's proposal to cut city revenues from property taxes and/or vehicle license fees. It was agreed the Town Attorney, Finance Director and Vice-Mayor Friedman would attend the meeting. I. STAFF AND TOWN MANAGER REPORTS 11. TIBURON COMMUNITY PICNIC (Consideration of Annual Community Celebration/Festivity - Oral Report by Town Manager) Because of the late hour, discussion regarding this matter was continued to the next regular Town Council meeting of July 1, 1992. .T. ADJOURNMENT t' There being no further business before the Town Council of the Town of Tiburon, Mayor Kuhn adjourned the meeting at 11:45 p.m., to Monday, June 29, 1992. ATTEST: "fLuu, 'n: ~LfW THERESE M. HENNESSY, TO CLERK " TOWN COUNCIL MINUTES #947 6/17/92 12