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HomeMy WebLinkAboutTC Min 1992-07-01 TOWN COUNCIL r-- MINUTES - CALL TO ORDER Mayor Kuhn called the regular meeting of the Town Council of the Town of Tiburon to order at 8:00 p.m., Wednesday, July 1, 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 ChiefHerley, Minute Clerk Kearney. B. APPOINTMENTS TO COMMISSIONS. BOARDS. COMMITTEES r None. C. PUBLIC OUESTIONS AND COMMENTS Don Batten, President of the Belveron Homeowners Assn., announced that the Annual Town Fourth of July Picnic will be held on July 4th at 12:00 noon at the Shoreline Park. D. COUNCIL. COMMISSION OR COMMITTEE REPORTS 101 CORRIDOR TRANSPORTATION PLAN (Committee Recommendations - CounciImember Thayer) ~ Councilmember Thayer reviewed the 101 Corridor Transportation Plan as recommended by the Marin Delegation of the 101 Corridor Action Committee which includes the completion of a 24 mile high occupancy vehicle lane from the Richardson Bay Bridge to the Sonoma County line, development of a rapid transit system on railroad right-of- way from Sonoma to Larkspur, development of a new entity to own and operate transit on the Northwestern Pacific railroad right-of-way, implementation of high speed ferries to existing terminals and the study of new ferry routes to terminals in northern Marin and/or southern Sonoma Counties, and increasing 101 Corridor bus transit service on the high occupancy vehicle lanes and to feed into the ferry and rail passenger services. He requested the Town Council approve the plan in concept and encourage Marin representatives to begin negotiations with Sonoma County towards these efforts. TOWN COUNCIL MINUTES #949 7/1/92 1 r After discussion, it was agreed that more public input should be received regarding these matters. Therefore, Mayor Kuhn directed that this issue be place!! on the August 5th Town Council agenda for a public hearing and that a representative from' the County be requested to attend to respond to questions. PARKS & OPEN SPACE COMMISSION (Annual Activities Report . Chairman Hill) Chairman Hill reviewed the summary of activities of the Parks & Open Space Commission over the past fiscal year. He also publicly acknowledged the contributions of POSC Commissioner George Solerno, whose term has recently expired; and expressed appreciation to the Town Council and staff liaison Terry Hennessy for their assistance. There was discussion regarding the need for additional staff and equipment required as parks are developed. Mayor Kuhn commended the POSC for their efforts. E. CONSENT CALENDAR Motion: To approve the Consent Calendar consisting of the following items. t' 1. 2. APPROVAL OF MINUTES #946, JUNE 9,1992 ARTICLE XIII B. APPROPRIATIONS LIMIT FOR FY 1992-93 - Resolution Moved: Vote: Friedman, Seconded by Thompson AYES: Unanimous F. PUBLIC HEARINGS 3. 1992-93 MUNICIPAL BUDGET (Adopt - Resolution) The Finance Director reviewed the staff report and stated that discussions should be continued regarding the five-year street improvement program, railroad marsh maintenance program and the proposed Blackie's Pasture Improvements fund. Mayor Kuhn requested the PERS surplus fund not be reflected as a restricted fund to avoid confusion when funds are transferred out and the fund is drawn down. ~ The Town Manager reviewed the budget modifications and revisions resulting from the past four budget hearings. He noted that the Mar West Flood Plain Improvements have been removed from the budget until after a report is received on July 15th regarding legal issues associated with the development agreement. He also stated that bids have been received for the patch work in the Belveron area and proposed that $10,000 be added to the Capital Improvement Program for this purpose; that $2,000 be added for drainage repairs at Beach Road; and that the bike path near South of Knoll be repaired for $6,600 while MMWD and the Sanitary District equipment is present to perform the TOWN COUNCIL MINUTES #949 7/1/92 2 ~. work. The Town Manager also requested the addition of a fund in the amount of $3500 for replacement of three street light poles which have been knocked down and stolen; and the addition of $500 for the Marin Renter's Rebate Program. I Discussions continued regarding the Street Improvement Program and the Town Manager reported that Belveron representatives are requesting the Town specify what funding assistance it will provide for street improvements before they present their homeowners with a proposal for a parcel tax for this purpose. Katie Bruel, Belveron resident, requested the Town Council give an indication of costs and timing for the five-year street improvement program in Belveron and requested. the proposed parcel tax be Town-wide, and not exclusive to Belveron. She further requested Apollo Road be included in the five-year plan for FY 95/96; that the overlay work be accelerated; and that the proposed transfer of $100,000 from the insurance reserve fund to create a B1ackie's Pasture fund instead be placed in the street improvements program fund. Mayor Kuhn noted that the number of units involved in a neighborhood parcel tax needs to be determined to obtain an estimation of how much money could be generated over a designated period of time; and Katie Bruel responded that one neighborhood should not be singled out for this purpose and other streets within the Town also need work. Therefore, she reiterated her requested that the parcel tax be Town-wide. r Councilmember Nygren suggested the $25,000 from the Drainage Fund that was to be transferred to establish a B1ackie's Pasture Fund, and $45,000 from the Mar West Improvement Fund instead be transferred for Apollo Road curb and gutter work,. which would give an indication to the Belveron homeowners that their responsibility would be to fund only the overlay work. The Town Manager suggested that $25,000 be funded for FY 95/96 for Apollo Roap and $45,000 for FY 96/97; and the Town Engineer suggested that the five-year program be re-prioritized each year because of changing conditions. Mayor Kuhn opened the public hearing. Nicky Wolf, Greenwood Beach Road, urged the Town Council make a formal decision regarding the formation of the Blackie's Pasture Fund; stated it is unlikely that a parcel tax for streets will be accepted by the citizens of Tiburon and, therefore, the Town should use its current resources for this purpose; and stated this should be considered a priority. ~ Don Batten, President of the Belveron Homeowners Assn., stated a Belveron homeowners meeting is being scheduled to address the Town-wide parcel tax is'sue; the neighbors have indicated that Blackie's Pasture should remain in its current state; and that funds should not be directed to establish a Blackie's Pasture Fund. It was agreed that Mayor Kuhn and other Town representatives would attend this homeowners meeting and be notified of the date and time. TOWN COUNCIL MINUTES #949 7/1/92 3 ~ Richard Hill, POSC Chairman, urged that the restricted fund for Blackie's' Pasture be established at any amount, and reminded the Council that $250,000 was budgeted for park development last fiscal year of which only $25,000 was spent on B1ackie's Pasture. Councilmember Nygren noted that the 1991 Audit Report suggests that only a minimal number of funds should be established; stated that a new Town Hall should be considered a priority over B1ackie's Pasture; and stated she would prefer the transfer of $100,000 from the insurance reserve fund instead go to the new Town Community Center fund. Councilmember Friedman concurred. Al Kirschbaum, Juno Road, suggested the consideration of other resources for funding street improvements, such as recovering fees from contractors for road damage caused from heavy equipment traveling the streets to and from construction sites and requested more discipline on street inspections during periods of construction. Further, he stated that a restricted fund for Blackie's Pasture should not be established without holding a public hearing on the matter. Mayor Kuhn closed the public hearing. [' During conclusion of the discussions regarding streets, it was noted that are-inventory of needed street work would be made after this summer and a new five-year plan developed, after which the financing mechanisms will be determined. The Town Manager noted that both Belvedere and Mill Valley have a parcel tax specifically for street improvements. G. OLD BUSINESS 5. MARSH PRESERVATION PROGRAM (Authorize General Clean-up of South Marsh Area) Mayor Kuhn moved this item forward on the agenda as part of the budget discussions before final approval of the budget in its entirety. The Supt. of Public Works proposed that a general clean-up of the marsh by the Marin Conservation Corp be authorized at a cost of $6,363 which would open up three windows on the southerly side of the marsh by removing tules, cattails and brush. This work would be performed in the Fall. The Town Manager noted that this proposal is supported by the neighbors and wetlands experts; and reported that the recommendation by some neighbors to use chemicals to kill the unwanted vegetation is not recommended by the experts. The Town Engineer stated the marsh is healthy except for the overgrowth of cattails and vegetation. f-- Councilmember Nygren questioned what the long-range projections for maintenance costs will be and requested the Town establish a policy of using the interest only on the Marsh Restoration restricted fund for this purpose. TOWN COUNCIL MINUTES #949 7/1/92 4 r- - Mayor Kuhn responded that some years may require a greater expenditure because of storm damage, etc., and some flexibility is required; therefore, he would not be in favor of supporting such a policy. Councilmember Nygren also questioned the status of the mosquito problem in the marsh; and the Supt. of Public Works responded that the.marsh has been stocked with fish to eat the mosquitos and the problem is under control. Mayor Kuhn closed the public hearing. Motion: Moved: Vote: To authorize the general clean-up of vegetation and create three (3) 60' wide windows along the southern side of the Marsh at a cost of $6,363. Friedman, Seconded by Thompson AYES: Unanimous 3. 1992-93 MUNICIPAL BUDGET (Adopt - Resolution) - Continued Discussions returned to the adoption of the budget. Mayor Kuhn summarized the recommendations so far resulting from the previous discussions, including moving $25,000 from drainage to street improvements for Apollo Road in FY 95/96 and $45,000 from Mar West to a fund for Belveron streets in FY 96/97; the elimination of the Blackie's Pasture fund and the return of $100,000 back to the insurance reserve fund with the balance placed back in the park development fund. t' There was discussion regarding the increased demands on the Town Engineer's time over and above his regular retainer hours, and the Town Manager reported t~at the Finance Committee will be considering this issue and ways of reducing the Town Engineer's hours. Motion: Moved: Vote: To approve the 1992/93 budget with the changes recommended by Staff, including moving the $25,000 from drainage and $45,000 from Mar West to street improvements for Apollo Road, the marsh work as recommended by Staff, and the abolishment of the B1ackie's Pasture fund. Friedman, Seconded by Thayer AYES: Unanimous MUNICIPAL CODE REVISIONS (Repeal Chapter 168, Chapter 20A and Portions of Chapter 2 - Ordinance, 2nd Readin~) Mayor Kuhn opened the public hearing; and upon receiving no comments, closed the public hearing. ~ Motion: Moved: Vote: 4. To read the Ordinance by title only. Thayer, Seconded by Nygren AYES: Unanimous TOWN COUNCIL MINUTES #949 7/1/92 5 Motion: r- - Moved: Vote: To pass second reading and adopt AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REPEALING VARIOUS CHAPTERS AND SECTIONS OF THETIBURON MUNICIPAL CODE. Thayer, Seconded by Nygren AYES: Nygren, Friedman, Thayer, Thompson, .Kuhn H. NEW BUSINESS 6. DOWNTOWN WATERFJWNT FERRY DOCK FACILITY APPLICATION TO METROPOLITAN TRANSPORTATION COMMISSION (Capital Improvement Funds to Acquire Ferry Slip) The Town Attorney reviewed .the staff report and stated that state funding is available to complete the construction of the new dock only if the Town builds and owns the dock. However, since the Town is not experienced nor equipped to operate and maintain the dock, he stated that Red & White Ferry has agreed in principle to lease the dock from the Town and assume all operation and maintenance responsibilities and fully indemnify the Town for any liability. He added that before application can be made to the state, the general terms of the lease and rent amount must be agreed upon. Mayor Kuhn added that the application must be submitted before the end of August; the Town will need to determine a reasonable amount of rent to charge Red & White; and the state will require an inspection process to address insurance issues. r Councilmember Nygren suggested consideration be given to charging a tax to ferry riders instead of a flat lease rate as an income source; and the Town Attorney responded that charging a'tax is an option that should be considered separately from the application and considered by the Council at a later date. Motion: Moved: Vote: To authorize staff to pursue application for state funding for a new ferry dock. Nygren, Seconded by Thompson AYES: Unanimous 7. 1990-91 AUDIT REPORT (Review & Accept Annual Audit Report) The Town Manager reviewed the audit report and recommended the Town Council accept the audit of the Town general purpose financial statement and authorize the appropriation of $2500 in Fiscal Year 1991-92 for additional hours required by the auditors to complete the audit. He noted that the auditors spent double the hours they had originally estimated due to unanticipated, significant delays. Motion: ~ Moved: Vote: To accept the 1990-91 audit report and authorize the fee increase of mm' . Thayer, Seconded by Friedman . AYES: Unanimous TOWN COUNCIL MINUTES #949 7/1/92 6 r- ~ Regarding the draft management letter, it was noted that many of the auditor's recommendations are consistent with those recommendations of the New Town Hall Subcommittees. After discussion, Mayor Kuhn recommended that review of the management letter be placed on the August 5th agenda and that the auditors be requested to attend to address their recomm~ndations and any questions of the public and Council. . . Councilmember Friedman requested staff address those recommendations of the previous auditor which contradict the recommendations of the new auditor. I. COMMUNICATIONS 8. Ltr. from ACLU to Town Council re Countywide Police-Community Relations Commission, dated 6/18/92 The Town Manager and Police Chief reviewed the proposal of the ACLU to establish a Police-Community Relations' Commission within the County to address citizen's complaints about police practices. They recommended that the Town Council reject this proposal, stating that the Town has neither the resources nor the need to participate in this program. r The Town Council concurred that this proposal would be creating another unneeded bureaucracy. Therefore, it was agreed that the Mayor shouid respond by telephone and express the Town's rejection of this proposal. J. STAFF AND TOWN MANAGER REPORTS 9. Tiburon Community Picnic (Consideration' of Annual Community Celebration/Festivity - Oral Report by Town Manager) The Town Manager recommended this matter be referred to the POSC to consider and recommend different suggestions for activities. Councilmember Nygren also suggested the Heritage and Arts Commission be requested to provide input and ideas. The Council discussed whether this activity should be resumed at all and whether this activity should be a joint effort with the Chamber of Commerce. Councilmember Thompson suggested that an activity be coordinated with the annual Richardson Bay Clean-up, having a picnic afterwards. f' It was agreed by the Town Council to refer this matter to the Heritage and Arts Commission for their recommendations, including their consideration of a Richardson Bay Clean-up/Picnic activity in coordination with the POSC; and that the Commission be provided with background information on Ayala Day and existing Chamber activities. TOWN COUNCIL MINUTES #949 7/1/92 7 (N Mayor Kuhn noted that Town Hall Open House has been scheduled for July 21st, 5-8:00 p.m. There was discussion regarding the appropriate methods for publicizing this event to assure it is well attended. r ~ A resident suggested school field trips be scheduled as a method of educating tRe public. Because of concern that the open house would not be well attended during the summer months, it was agreed to reschedule this event for the Fall when people have returned from vacations. K. AD.TOURNMENT There being no further business before the Town Council of the. Town of Tiburon, Mayor Kuhn adjourned the meeting at 11:20 p.m., sine die. ALVIN R. KUHN, MAYOR t' ~ TOWN COUNCIL MINUTES #949 7/1/92 8