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HomeMy WebLinkAboutTC Min 1992-08-05 TOWN COUNCIL ~ MINUTES CALL TO ORDER Mayor Kuhn called the Town Council of the Town of Tiburon to order at 6:45 p.m., Wednesday, August 5, 1992, in Room 5, Del Mar School, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Nygren, Friedman, Thayer, Thompson, Kuhn ABSENT: COUNCILMEMBERS: None B. INTERVIEWS FOR COMMISSIONS. BOARDS. COMMITTEES The Town Council conducted interviews for appointments to various commissions, boards and committees. CALL TO ORDER ~ Mayor Kuhn called the regular meeting to order at 7:35 p.m. with the following ex officio in attendance: Town Manager Kleinert, Town Attorney Ewing, Town Engineer Bala, Supt. of Public Works Iacopi, Planning Director Lohman, Finance Director Stranzl, Police Chief Herley, Police Captain Lewis, Minute Clerk Kearney. C. APPOINTMENTS TO COMMISSIONS. BOARDS. COMMITTEES Mayor Kuhn recommended Kam Shadam be appointed to the Planning Commission, Victoria Arnett to the Heritage & Arts Commission, and Margo Zender- Wiviott to the Parks & Open Space Commission. Motion: Moved: Vote: To approve the proposed appointments. Thayer, Seconded by Friedman AYES: Unanimous D. PUBLIC OUESTIONS AND COMMENTS A Ronald Glander, architect representing Mr. & Mrs. Weisheit, the applicants and appellants addressed under Item 11, requested this matter be continued to August 19th since the Weisheits are out of the country. The Town Council concurred. ~. B. Henry Harold, 6 Marsh Road, complained of the cutting of willow trees that are within his view by the Pt. Tiburon Marsh Homeowners Association. Mayor Kuhn suggested this matter be agendized for the August 19th Town Council meeting TOWN COUNCIL MINUTES #951 8/5/92 1 and directed staff to advise the Homeowners Association not to take any further action regarding the trees until after the August 19th hearing. " E. CONSENT CALENDAR It was agreed by the Town Council to remove Item 4, TOWN ENGINEER'S FEES, from the Consent Calendar for consideration at the August 19th Town Council meeting. Regarding Item 3, the Town Manager noted that he would ask the RUSD's permission to erect a sign at Blackie's Pasture noting "School's Open - Drive Carefully", and the Town Council indicated their approval. Mayor Kuhn requested Minutes #950 be amended on page 2, paragraph 2, to read: "Mayor Kuhn noted that $600,000 in sales taxes and other taxes and fees are contributed to the Town budget by Town businesses." Motion: ~ 2. ~O 3. 5. fJ01\ 6. 1'114- Moved: Vote: To approve the amended Consent Calendar consisting of the following items: 1. APPROVAL OF MINUTES #949, July 1, 1992; #950, July 15, 1992 INVESTMENT SUMMARY REPORT (June 1992) PROCLAIM SEPTEMBER .SCHOOL'S OPEN - DRIVE CAREFULLY" MONTH. Resolution. BELVEDERE/TIBURON JOINT RECREATION COMMITTEE AGREEMENT (Approve Amended Agreement) IRRIGATION WELL (A.P. # 038-400-09; Applicant: Robert George, 58 Reed Ranch Road - Resolution) PARCEL MAP (A.P. #59-071-24; Applicant: M. Berger; 1805 Centro West/14 Raccoon Lane - Resolution) Thayer, Seconded by Nygren AYES: Unanimous Vice-Mayor Friedman abstained from voting to approve Minutes #950. F. UNFINISHED BUSINESS 8. NEW TOWN COMMUNITY CENTER a. Reconfirmation of Architects Roland/Miller Associates Mayor Kuhn reported that the New Town Hall Standing Committee met with Roland/Miller representatives and it was unanimously agreed by the Committee to reconfirm Roland/Miller Associates as the architects for the New Town Hall. " Councilmember Thayer noted that Roland/Miller Associates were the most qualified of all the candidates considered during the architectural selection process. TOWN COUNCIL MINUTES #951 8/5/92 2 Motion: To reconfirm Roland/Miller Associates as architects for the New Town Community Center. Friedman, Seconded by Thayer AYES: Unanimous " Moved: Vote: b. Consideration of RTH (Reed-Tiburon-Hilarita) Master Plan Expenditure The Town Manager summarized that Roland/Miller Associates have submitted a proposal for the preparation of a R-T-H Master Plan to address traffic circulation alternatives for the area between Ned's Way and Lyford Drive. This would include meeting with the Reed School District architect and other representatives, and meeting with the Standing Committee and Town Council. The total proposed cost is $3,880. Russ Wischow, member of the Standing Committee, urged the Council designate someone the responsibility of project management. Mayor Kuhn responded that the issue of project management is currently being considered by the Standing Committee and a proposal will be presented to the Town Council at the August 19th meeting. Motion: To approve the expenditure of $3,880 and authorize Roland/Miller Associates to proceed with the R-T-H Master Plan as proposed. Thayer, Seconded by Friedman AYES: Unanimous Moved: Vote: ~ 9. MAR WEST PROPERTY SALE TO COUNTY OF MARIN FOR NEW LIBRARY (Approval of Sale Utilizing Redevelopment Agency Program) The Town Manager reviewed the Staff Report and the proposed method of sale of the Mar West library site to the County of Marin. This would essentially provide for the County to purchase the property for $500,000 utilizing their future annual proportionate share of the residual tax increment revenue until the total payments received by the Town reach a net present value of $500,000 at a 4% discount rate. He added that if the Point Tiburon assessed valuation grows at least 4% per year, the County share of the total residual tax increment will be sufficient to repay the Town $694,088 during the remaining life of the plan. The Town Manager stated that this is a fair proposal to the Town and will provide a revenue stream over the years. Councilmember Nygren questioned how this plan would effect the financing needs for the New Community Center; and the Town Manager responded that the Town can borrow against this financial arrangement. Nicky Wolf, 426 Greenwood Beach Road, indicated her support for the proposal although she noted there is some risk in that the Pt. Tiburon assessed valuation may not increase as much as 4%. " Rita Fink, member of the library Committee, thanked both the last and current Town Councils for their support and efforts in this regard. TOWN COUNCIL MINUTES #951 8/5/92 3 Motion: To approve the proposed method of sale of the Mar West library site to the County of Marin and direct the Town's Redevelopment Agency Counsel to prepare the formal text of the Fiscal Agreement amendment for subsequent adoption by the Board of Supervisors and Town Council. Nygren, Seconded by Thompson AYES: Unanimous ". Moved: Vote: 10. MAR WEST FLOOD PLAIN IMPROVEMENTS a. Receive Town Attorney Staff Report Mayor Kuhn referred to methods available for undergrounding utilities, including the use of Rule 20 funds or by negotiating with the utility companies when grading is needed and the removal of poles required. He stated this matter will be discussed at the next Town Council meeting of August 19th, and the Town Manager added that an analysis of Rule 20 funds will be provided at that time. The Town Attorney reviewed the staff report and stated that Flood Plain funds created by Innisfree in the amount of $142,800, less $20,000 for maintenance purposes, can only be used for grading, irrigation or landscaping for recreational purposes of the area between the Library site and the marsh, and cannot be used for improvements to Mar West street. However, the $90,000 in interest earnings can be used for other purposes, including curb and gutter, overlay or paving of Mar West. P' There was discussion regarding whether the original $142,000 could be used to finance engineering costs; and the Town Attorney indicated this would be appropriate under the provisions of the Development Agreement. Stewart Hopkins, Lagoon View Road, stated that the POSC had recommended a plan for use of these funds several years ago which was never carried out; stated the grant deed does not state this parcel should be used for recreational purposes, but for public open space; and questioned whether this plan has a connection with the TPC's desire to cul-de-sac Mar West. The Town Engineer responded that there is some confusion regarding the two funds that were established by Innisfree at the time of the Development Agreement--Marsh Maintenance Fund, and Flood Plain Fund. The purpose of the flood plain is to store water should a 100 year storm occur; therefore, no development of this parcel can occur that would eliminate or diminish the water storage capacity of this land. Katie Bruel, 57 Mercury Ave., urged the $90,000 in interest earnings be used to improve Mar West. J TOWN COUNCIL MINUTES #951 8/5/92 4 ~ b. Authorize Town Engineer to Coordinate Design Improvements with Library Architectural Committee There was discussion regarding whether it would be premature to pursue. preliminary plans for this project prior to submittal of proposals by the TPC and Library; or whether the Town should take a leadership role in communicating with these two entities. Mayor Kuhn stated that to enable the Library to proceed with their plans, the Town needs to resolve the basic design proposal for Mar West; and the Town Engineer responded that he would not alter his previously submitted master plan for Mar West except for the possible addition of a right turn lane on Mar West as it approaches Tiburon Blvd., and recommended the Town Council approve the concept and take a leadership role with the TPC and Library. Mayor Kuhn recommended the Town Engineer meet with the Library and TPC architects to discuss his previously submitted master plan for Mar West and report back to the Town Council. Councilmember Thayer stated he would be reluctant to approve .the Town Engineer's proposal without first receiving coordinated review and input from the Library and TPc. Motion: To authorize the Town Engineer to meet with the Library and TPC architects to give guidance and receive coordinated review, and to report back with potential plans. Thompson, Seconded by Friedman AYES: Unanimous P" Moved: Vote: It was the consensus of the Town Council that the existing drawings previously prepared by the Town Engineer be used as a basis for discussion with the Library and TPC representatives. LIBRARY Mayor Kuhn noted the presence of Supervisor Al Aramburu and requested discussions be opened again regarding Item 9. Supervisor Aramburu reported that negotiations are underway with the LibraIy Staff to determine how much volunteer time can be utilized to lower the overall operating 'costs; the Committee is still anticipating next March of 1993 for a bond election; the Committee hopes to receive a low estimate due to the current economic "depression" in the construction industry; and the Fiscal Agreement amendment will. be before the Board of Supervisors within the next 30 days for their review and approval. G. PUBLIC HEARINGS 11. APPEAL DESIGN REVIEW BOARD DECISION (A.P.. # 58-321-05; 16 Venado Drive; Applicant &. Appellant: Mr. & Mrs. Lawrence Weisheit; CONTINUED TO AUGUST 19, 1992) J Continuance approved. TOWN COUNCIL MINUTES #951 8/5/92 5 ~ 12. ORDER TO SHOW CAUSE & ABATEMENT OF PUBLIC NUISANCE (A.P. #059-142-02; Illegal Filling of Property Located on Centro East near Spanish Trail -REQUEST TO CONTINUE TO SEPTEMBER 2, 1992) Timothy Hayes, 2223 Centro East, stated he is opposed to the request to continue this matter because of safety concerns. associated with cars parking on this lot, use of bicyclists and the illegal parking of RVs. The Council agreed that this matter should be continued, but stated that action will be taken on September 2nd regl),fdless of whether the lot owner is present or not. The Police were directed to work with the surrounding neighbors to erect appropriate "No Trespassing" signs on the property; and Staff was directed to notify the property owner of the continuance and that additional continuances will not be granted. . . H. NEW BUSINESS 13. LOCAL GOVERNMENT RESTRUCTURING ~ a. CA State Fiscal Crisis - Current Status Report b. Service Impacts Upon Tiburon Citizenry c. Impacts On' Related Governmental Special Districts Within Tiburon's Sphere of Influence . d. Consideration of Joint Belvedere/Tiburon Efforts The Town Manager reported that it is still unknown what impact the State's budget decisions will have on the Town, although it will primarily affect the Town's property tax allotment. He stated the Town will try to maintain its current level of service through new approaches to raising revenues; and through reducing expenditures. He reported thatthe cities and towns are considering other ways to provide public services, including the consolidation and merging of functions and organizations, privatization, and other new methods. He added that discussions have been held with the City of Belvedere regarding possible consolidation of certain services and he recommended this issue continue to be pursued and that a special meeting be scheduled to discuss this issue with other public agencies on the Peninsula. Mayor Kuhn noted that consolidation is a sensitive issue and difficult to address; and consideration should be given to what can be accomplished within a one-to-ten year period. He also stated that each governmental agency needs to learn how one impacts another. There was discussion regarding efforts of the Southern Marin cities to consolidate dispatching services. ~ Former Mayor Hal Edelstein referred to a report completed by a committee on which he served to investigate possible consolidation after Proposition 13 was adopted in 1978- 79. He noted that very few agencies were willing' to dissolve, but all of them were TOWN COUNCIL MINUTES #951 8/5/92 6 ~. willing to consider joint powers agreements, and this route should be considered as a first step towards consolidation. Councilmember Thompson requested the Town Council receive copies of this report. Dave Hanson, representing .the Tiburon Fire. District, stated that the District had considered consolidation with. the Alto Richardson Bay Fire District six years ago and conducted an indepth study regarding such; but voted against it when it was determined it would cost the taxpayers more because of different tax rates, pension funds, and salary scpedules of the two districts.. However, as a result of this study, seven fire districts from Southern Marin entered into a joint powers agreement which provides Rescue 30 paramedic services, centralized dispatching services, and the sharing of equipment. He noted that consideration is currently being given to include Belvedere, which now contracts for services, into the District. Bert Talbot, President of Sanitary District No.5, stated the District works closely with other districts and he introduced Stewart Hopkins, one of the District's directors, and Skip Knauber, Plant Manager. ~ Stewart Hopkins referred to a letter of August 4, 1992, from the Sanitary District No. 5 outlining the functions and financial program of the District. He stated that Belvedere requested in the past to consolidate with the District, but decided against it when it was determined that they would have to pay the District their ad valorem taxes. However, they have .no objection to consideration of consolidation with Belvedere again if it is shown to be cost effective. He added that the District does not charge the Fire and School District, nor the Town for sanitation services. Skip Knauber noted that there are three sanitary districts serving the Tiburon Peninsula one of which is the Corte Madera Sanitary District, which belongs to a joint powers agreement which provides for regional sewage treatment at a large facility in San Rafael; the Richardson Bay Sanitary District which belongs to another joint powers agreement serving Tiburon,.MiII Valley and Strawberry; and District #5 also treats sewage from the County area and Belvedere through a contract. He added that the districts share equipment and manpower when needed; and the districts and project managers meet frequently to discuss mutual issues. He further stated that if the Governor's proposal is adopted, the District would lose one-half of their operating budget which will require a substantial fee increase; and because the State would be taking the ad valorem taxes, this might be an advantageous time for Belvedere to consider annexing to the District. He stated that the only costs that might be reduced through consolidation would be in the District's bookkeeping costs. J In response to Councilmember Nygren's question as to whether the District can increase its water reclamation program, Mr. Kn.auber stated that the results of a recent study conducted by MMWD indicated it would be difficult to install a reclaimed water system parallel to the existing utilities and the demand would not justify the effort and/or cost. Mayor' Kuhn stated that discussions regarding consolidation will continue; and Hal Edelstein suggested the Town Council also include privatization in their discussions. TOWN COUNCIL MINUTES #951 8/5/92 7 I. COUNCIL. COMMISSION OR COMMITTEE REPORTS ~ 14.' . Congestion Management Age.ncy Report (Councilmember Nygren) Councilmember Nygren reviewed her written report regarding the Congestion Management Agency meeting held July 23, .1992, and stated the Agency is considering funding options for the program; stated the County and communities must give the State an indication of their interest in participating in the program or the funds might 'not be received; stated the Town Managers and Planning Directors will be meeting to consider a sample trip reduction ordinance for subsequent consideration by the County-wide Planning Agency and the cities and towns. The Planning Director stated that the impleinentation costs for the proposed congestion management plan were found to be excessive and the Agency is considering a County- wide traffic mitigation fee, as well as. a local mitigation fee. Councilmember Nygren also stated that the Town has been granted $14,000 through MTC funding to provide for bicycle parking at the ferry landing. .The Town Engineer will be providing a plan in the future for consideration by the Town -Council. .T. COMMUNICATIONS ~ 15. Consolidated Police Dispatch Feasibility Study (Scheduling Test Period with City . of Mill Valley) Police Chief Herley requested authorization to participate in a consolidated police dispatching two-month test period with the City of Mill Valley beginning the end of September once the Centrex phone system has been installed. He noted that this would allow for the Tiburon Police Department to be closed to walk-in traffic from 10:30 p.m. to 6:30 a.m. and would eliminate the need to pay overtime for dispatching services during those hours. The Town Council unanimously agreed to authorize the Tiburon Police Dept. to participate in this program. K. STAFF AND TOWN MANAGER REPORTS A The Town Council agreed to schedule the Town Council Retreat Session for August 28, 1992, 1:00 to 5:00 p.m., at the San Francisco Yacht Club. C. The Town Manager reported that the Town Hall Open House Tour has been postponed, and Councilmember Thompson suggested this event be coordinated with another Town event, such as the Richardson Bay Cleanup scheduled in the spring afterwhich a picnic could be held at Reed School with a'subsequent tour of Town Hall. L. CLOSED SESSION ~ The Town Council adjourned to Closed Session at 10:55 p.m. to discuss pending litigation. TOWN COUNCIL MINUTES #951 8/5/92 8 .. 1:: M. ADJOURNMENT ~ There being no further business before..the Town Council of the Town of Tiburon, Mayor Kuhn adjourned the meeting at 11:3Q p.m., sine die. W4IIL ALVIN R. KUHN, MAYOR A~ . . ~~.~ THERESE M, H NNESSY, TO CLERK r J TOWN COUNCIL MINUTES #951 8/5/92 9