HomeMy WebLinkAboutTC Min 1992-09-02
TOWN COUNCIL
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MINUTES
CALL TO ORDER
Mayor Kuhn called the regular meeting of the Town Council of the Town of Tiburon
to order at 7:45 p.m., Wednesday, September 2, 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.
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B. APPOINTMENTS TO COMMISSIONS. BOARDS. COMMITTEES
TIBURON BOULEVARD IMPROVEMENTS COMMITTEE
Mayor Kuhn recommended the Council appoint Councilmember Thompson, Council-
member Nygren, Town Engineer Bala, Senior Planner Anderson, Police Capt. Lewis, and
Planning Commissioner Siewert to a Tiburon Boulevard Improvements Committee.
Motion:
To approve the appointments as recommended by Mayor Kuhn to the
Tiburon Boulevard Improvements Cominittee.
Thayer, Seconded by Friedman
AYES: Unanimous
Moved:
Vote:
Motion:
To reappoint Michael Heckmann and Mohamad Sadrieh to the Board of
Adjustments and Review for a new four year term; and Jud Moorhouse to
the Design Review Board for a new four year term.
Friedman, Seconded by Thayer
AYES: Unanimous
Moved:
Vote:
C. PUBLIC OUESTIONS AND COMMENTS
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<A) Don Batten, resident and licensed radio amateur, stated he is a member of Radio
Amateur Civil Emergency Service and assured the Council that the radio
amateurs are organized for assistance in emergencies; stated they held an
emergency drill two weeks ago; noted they can operate independently without
PG&E services; but stated they do require antennas. Therefore, he requested the
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Town Council consider the assistance radio amateurs offer to the community
whe.n applications for radio antennas are brought before the Town.
(B) Henry Herold, 6 Marsh Road, in reference to Item 14 from the August 19, 1992,
Town Council meeting, stated that two arborists have given their recommenda-
tions for nurturing the willow tree stumps back to full growth and requested the
tree stumps not be removed as per the Public Works recommendations as
approved by the Town Council at the August 19th meeting. He also requested
clarification of the existing Town policy regarding the removal of trees.
Mayor Kuhn reminded Mr. Herold that this issue was acted upon at the last
meeting and is closed. He requested Mr. Herold submit in writing any new
information or evidence to the Town Manager for consideration.
(C) Mayor Kuhn requested a special meeting be scheduled to consider the proposed
smoking ordinance. It was agreed to schedule Tuesday October 20th, 7:30 p.m.,
for this meeting in the Del Mar School Music Room to address this issue in
coordination with the Great American Smoke Out scheduled for November.
D. CONSENT CALENDAR
Motion:
To approve the Consent Calendar consisting of the following items:
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1.
ADMINISTRATIVE APPEALS (Establish Policy for Reconsidera-
tion . Resolution)
DENY APPEAL OF DESIGN REVIEW BOARD DECISION (A.P.
#58-321-05; 16 Venado Drive; Applicant & Appellant: Mr. & Mrs.
Lawrence Weisheit - Resolution)
Moved:
Vote:
Friedman, Seconded by Thayer
AYES: Unanimous
E. PUBLIC HEARINGS
3. GOVERNMENT RESTRUCTURING - SESSION III
(1) Reducing Expenditures (Consolidations)
In light of the recent State budget decisions, the Town Manager requested permission
to defer discussions regarding a possible parcel or utility tax so that more accurate data
can be collected and generated. This information will be forwarded to the Council as
it is completed.
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The Town Manager reviewed the results of the first two discussions regarding
government restructuring including the indication by other local agencies that they would
be willing to discuss consolidations if the feasibility can be demonstrated; and the Town's
participation in a dispatching consolidation test period with Tiburon, Mill Valley,
Belvedere and Sausalito.
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(2)
Increasing Revenues (Parking Fees, Parking Meters, Mosquito
Abatement District, Angel Island, Real Estate Transfer Tax)
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Mayor Kuhn opened the public hearing.
Stewart Hopkins, Lagoon View Road, spoke in support of considering parking meters
and parking fees in the Town; stated the Mosquito Abatement District taxes should be
reduced; recommended the Town receive a report every three months on the Mosquito
Abatement District's activities; and stated the Public Works Department could perform
and fund the same work through the taxes saved.
The Supt. of Public Works stated that with his Department's current work demands, the
budget deficit, lack of proper equipment, and lack of required personnel certification his
Department could not perform this work. .
Councilmember Nygren stated she has personally used the Mosquito Abatement District
several times over the years; and she indicated an interest in determining how many
citizens use the District's services.
The Town Manager stated that studies are being conducted regarding assessing a tax for
parking lots either through a surcharge or business license fee; and this information will
be provided in the near future.
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There was discussion regarding whether parking meters would receive citizen support;
whether the cost for installation and maintenance would offset the benefits of parking
meters since the Town does not have the concentration of commercial activity compared
to that of other cities.
The Planning Director, who conducted a study regarding this issue last year, stated that
the primary purpose for installing parking meters is to encourage turnover in the parking
stalls; the secondary purpose is to collect revenue; and both these functions require a
large commercial area to justify parking meters. .
Councilmember Nygren stated she would not be in favor of exploring parking meters,
but would favor establishing a committee to consider a variety of revenue enhancements
including parking lot fees, fees for police investigations of false alarms, increased
planning fees, and park & recreation fees for non-residents, etc.
The Town Council requested the Town Staff, including the Planning and Police
Departments, submit their recommendations for revenue enhancements for consideration
at the September 16th Council meeting.
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Nicky Wolf, 426 Greenwood Beach Road, requested a response to the Town Manager's
earlier recommendations regarding cutting expenditures in street sweeping, accounting
and payroll, purchasing of equipment, building inspection, legal services, sharing of
public works projects, combined corporation yard, sharing of software programs and
combined hiring and training.
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The Town Manager responded that public discussions regarding these issues could not
commence, until it was known what action the State would be pursuing; and since the
State only made a decision this date, discussions can now proceed regarding these issues
and preliminary recommendations will be submitted at a future meeting after discussions
with the Finance Committee.
Nicky Wolf added that some of the suggestions made by the Town Manager did not
involve reductions in service, but more efficient ways of providing service which would
not be dependent on State budget cuts.
Mayor Kuhn closed the public hearing and noted that discussions regarding these issues
will continue at the next Town Council meeting of September 16th.
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4.
ORDER TO SHOW CAUSE & ABATEMENT OF PUBLIC NUISANCE
(A.P. #059-142-02; Illegal Filling of Property Located on Centro East near
Spanish Trail)
The Planning Director reviewed the staff report and noted that between 400-500 cubic
yards of dirt have been illegally placed on this lot without proper permits; and
recommended the Council adopt the proposed resolution declaring the illegal fill a
public nuisance.
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Council discussed the number of times Staff contacted Mr. Eiselin over the past year
regarding this issue.
Mayor Kuhn opened the public hearing.
Rolf Eiselin, lot owner, stated he intends to comply with the Town's requirements to
have the fill removed and requested the Council allow him to the end of October to do
so. When questioned why he had placed the soil on the lot in the first place, Mr. Eiselin
stated his intent was to build up the lot and improve the view potential, and the soil had
come from a house that was being constructed further up the hill.
The Town Engineer stated that this work needs to be completed and the lot winterized
prior to October 15; and noted that a permit will be required for removing the fill and
grading the lot.
The Town Attorney explained that the proposed Resolution requires the fill to be
removed within 30 days of its passage.
Motion:
To adopt A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON ABATING A PUBLIC NUISANCE AT 2220
CENTRO EAST STREET ,ASSESSOR PARCEL NO. 59-142-02, with the
requirement that the lot be winterized as per the Town Engineer's
specifications after the fill has been removed.
Thompson, Seconded by Thayer
AYES: Nygren, Thayer, Thompson, Kuhn
ABSTAINED: Friedman
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Moved:
Vote:
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Vice-Mayor Friedman pointed out that one cannot obtain a taller house by building up
the lot because the height is measured from the original grade, and Staff was requested
to document the natural grade of this lot.
F. UNFINISHED BUSINESS
5. CONSOLIDATION OF ELECTIONS (Consideration of Moving Town
Election from April Even-Numbered Years to November Odd-Numbered
Years)
This item was moved to later on the agenda.
6. NAMING OF TOWN OWNED PARKS, LANDS, STREETS AND OTHER
FACILITIES (Consider Heritage and Arts Commission Policy Recommen-
dations)
This item was moved to later on the agenda.
7. RULE 20A & 208 PG&E UTILITY UNDERGROUNDlNG PROJECTS
(Status Report)
This item was. moved to later on the agenda.
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G. NEW BUSINESS
8. GRANT OF EASEMENT (A.P. #39-021-08, 09, 10, 11 and 12; Applicant:
Irving Rabin: Across Town Open Space - Resolution)
The Senior Planner reviewed the staff report and stated the Rabins are requesting
authorization to connect their residence to the Richardson Bay Sanitary District on a
temporary basis, with the requirement that service to RBSD be disconnected at such
time as sewer service becomes available from Sanitary District No.5. He noted this
would require an easement across Town open space running from the top of the Tiburon
Ridge down to the Avenida Miraflores terminus. He further requested correction to the
proposed resolution and grant of easement changing all reference to a two inch (2") pipe
to a four inch (4") pipe as required for single family homes. Staff recommended the
Town Council adopt the resolution granting the easement and stated this would be
preferable to installing a septic tank on the back side of the peninsula which has poor
soil causing septic tanks to eventually fail.
Councilmember Thayer stated that septic tanks usually last 20 to 30 years before they
fail; there have been discussions regarding enlarging the Playa Verdi Sanitary Plant or
creating an assessment district to hook up existing septic systems to Sanitary District #5
as that part of the Peninsula is developed.
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Councilmember Nygren questioned whether the Town could charge a fee for the
easement.
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Hal Edelstein, representing the Rabins, presented photographs of the proposed easement
site; stated. that LAFCO found that the property is within two spheres of influence and
therefore'could be granted into either sanitary district; Sanitary District #5 has indicate!!
it would be at least 20 years before an assessment district in this location would be
formed; however, improvements to the Playa Verdi plant have been ordered by the
State; Sanitary District #5 approved in September 1991- to annex this property; Mr.
Rabin has withdrawn his application for annexation to the Richardson Bay Sanitary
District; but is requesting a temporary, interim connection to Richardson Bay Sanitary
District until such time as connection to Sanitary District #5 can occur.
Councilmember Nygren expressed concern about grading that has occurred on the site;
past failure by the applicant to comply with Town requirements; and what will guarantee
compliance in this case.
The Planning Director responded that the applicant had complied with Town
requirements and applied for necessary permits, but in the case of the two water tanks
on the property, staff had issued them in error prior to design review. He stated the
grading had been done in non-compliance with the approved grading plan and when it
was discovered the applicant was required to move the soil back to its original condition,
although the grass cannot be replaced. Also, he stated some grading had occurred on
the existing path, and the Planning Commission has indicated that they want to review
any plans that would establish this area as a permanent path.
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Discussions continued regarding the extent of grading that has occurred to the site; and
Hal Edelstein responded that when the grading of the site had occurred, the contractors
had requested permission to spread the excess soil of not more than 6" in an adjacent
area below the crest of the hill, and had underestimated the amount of dirt and dumped
it in 3-4' mounds. However, when the problem was discovered they were requested to
put it back in the staging area leaving l' of soil to remain which does not require a
permit and which allows grass to recover. He added that the dirt was never piled on the
Town's open space, but on Mr. Rabin's property which he has corrected at his own
expense.
David Keller, 136 Hacienda Drive, spoke in support of requiring the applicant to install
a septic tank as opposed to approving an easement that would disrupt Town open space.
Hal Edelstein stated because the applicant has annexed to Sanitary District #5, and they
do not permit septic tanks for new houses. However, he stated that the District intends
to form an assessment district and connect the houses between the Rabins' and the
District's line.
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Al Bianchi, attorney representing Mr. Rabin, recommended a stipulation be added to
the grant of easement that as a condition of granting the easement Mr. Rabin will be
required to cooperate in the formation of an assessment district; and Mr. Rabin
indicated he would agree to include this stipulation.
The Town Engineer recommended that a stipulation be included requiring the easement
to become null and void as soon as there is a sewer main within 200 feet from the
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property line; stated that if someone else constructs such a sewer line, the applicant can
enter into ~ repayment agreement with the District; and should the easement be granted,
the designdrawings must be approved by the Town and require reseeding, maintenance
and a bond.
Councilmember Thayer expressed skepticism as to whether Sanitary District #5 could
legally prohibit a homeowner from installing a septic tank if it is not feasible to hook up
to their system.
There was lengthy discussion regarding the suitability of the soil and terrain of this area
to install septic tanks; Mr. Rabin stated that he has had his property inspected four times
by an engineer and a suitable location for a septic tank could not be found, and he
would'submit the engineer's written reports if the Town Council so desires.
Bob Wayne, Hacienda Drive, stated that representatives from Sanitary District #5 have
indicated to him that there is no restriction on the applicant for installing a septic system
as long as laterals are installed to be connected when district service can be provided;
stated the applicant could connect now to Sanitary District #5 at Gilmartin Drive,
although he is opposed to granting an easement across Town open space and that the
Town should not provide easements for sanitary connections to accommodate property
owners. Further, he expressed displeasure over illegal grading that has occurred; stated
he was oppos~d to cutting through open space for a temporary hookup; and recommend-
ed Mr. Rabin be required to install a septic tank.
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Mayor Kuhn closed the public hearing.
Councilmember Thompson stated that septic tanks should not be encouraged and,
although he does not like disruption to the open space, he would vote to grant the
easement with the conditions as recommended by the Town Engineer.
Councilmember Thayer stated he would approve granting the easement with the
amendments to the resolution as proposed by the Town Engineer including the LAFCO
requirement that a formal agreement be entered into between the owner, Sanitary
District #5, Richardson Bay Sanitary District and the Town stating that when sewer
service from District #5 becomes available connection to the Richardson Bay Sanitary
District will be removed.
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Vice-Mayor Friedman recommended Staff draft two resolutions, one outlining the staff
recommendations as discussed; and the other stating the Town's opposition of the
transfer of the Rabin property from Sanitary District #5 into the Richardson Bay
Sanitary District. Further, he indicated his opposition to septic tanks and outlined the
amendments proposed to be included in the resolution granting the easement, including
the amendment changing the pipe size from 2" to 4"; and the amendments proposed by
the Town Engineer including the 200' limitation and two month requirement, review of
design drawings, bonding of the construction; and that the applicant be required to
cooperate in the formation of any potential assessment district. Further, under 2(d) in
the proposed resolution, he requested the following be added to the end of the
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paragraph: "...and properly restore the open space." He requested this resolution be
redrafted by the Town Attorney for adoption at the next Council meeting of September
16th. .
Councilmember Nygren requested a provision be included in the resolution providing
for a visual inspection when the pipe is laid to assure it is a 4" pipe; and recommended
a fee be required from the applicant for use of Town property.
After discussion regarding the appropriateness of charging property owners for private
use of public lands, Mr. Rabin stated he has already donated an open space easement
to Paradise Drive across his property; reminded that this temporary hook up has been
approved by LAFCO and both Sanitary Districts; and reiterated he would be willing to
enter into a formal agreement with three agencies to form an assessment district.
Mayor Kuhn stated he would be reluctant to require compensation for the easement
when it is the Town's function to find solutions to specific needs of the applicant.
After further discussion, it was agreed to direct staff to draft a policy to address the issue
of compensation for private use of public property for consideration at a future meeting.
9. MMWD WATER RATES (Review Rate Structure)
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The Town Manager reported that MMWD has agreed to reduce their rate structure 21 %
and stated there is concern among the cities of Marin regarding the overall management
of MMWD and a blue ribbon committee is researching their management policies.
Mayor Kuhn requested Staff provide estimates of projected impacts the rate reduction
will have on the Town's overall water usage costs, including computations indicating how
much of past water costs were due to actual increased usage or increased rates.
The Town Council agreed to forward a letter to MMWD outlining the Town's concerns
once this information is received.
5. CONSOLIDATION OF ELECTIONS (Consideration of Moving Town
Election from April Even-Numbered Years to November Odd-Numbered
Years)
The Town Manager stated that consolidation with the School District election in
November of odd-numbered years would reduce costs, increase voter turnout and
maintain local community participation. However, he stated there is concern that the
voters will not be issue-oriented.
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After discussion regarding the potential cost savings of between $4-11,000 per election,
Council member Nygren noted that this would not preclude holding an election in April
if necessary. It was also noted that this change would end the current Council's terms
6 months earlier than usual.
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Councilmembers Thayer and Thompson expressed concern about voter interest in local
issues whei; state or national issues are being considered.
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Mayor Kuhn requested the Town Manager add this issue to the Town's list of items for
potential cost savings for consideration at a future Council meeting.
The Town Manager further suggested this issue be brought before the homeowners
associations at their scheduled joint meeting, and before groups considering bond
measures.
6. NAMING OF TOWN OWNED-PARKS, LANDS, STREETS AND OTHER
FACILITIES (Consider Heritage and Arts Commission Policy Recommen-
dations)
Councilmember Thayer stated that the proposed policy has been reviewed carefully and
it is recommended it be adopted as presented.
Motion:
To approve the policy as recommended by the Heritage and Arts
Commission.
Thayer, Seconded by Thompson
AYES: Unanimous
Moved:
Vote:
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7. RULE 20A & 20B PG&E UTILITY UNDERGROUNDING PRO.TECTS
(Status Report)
Mayor Kuhn reported that the Town currently has a negative balance of $33,689 as of
July 7, 1992, in Rule 20A allocations, but should have a positive balance by next March.
He noted that the cost of undergrounding between Stewart Drive and Pine Terrace
resulted in an overrun of $22,830, and he indicated he will be writing a letter to the
President of PG&E challenging the cost; however, he recommended the Town proceed
with its undergrounding plan within the Blackie's Pasture area. The Town Manager was
directed to obtain precise cost estimates for a phased program of undergrounding and
removal of the poles across the Blackie's Pasture area.
Mayor Kuhn also noted that when grading occurs at the Library site on Mar West, this
would be an opportune time to address undergrounding in that area.
H. COUNCIL. COMMISSION OR COMMITTEE REPORTS
Mayor Kuhn reported that the Library Committee is in the process of selecting an
architect, and will be announcing their selection soon.
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I. COMMUNICATIONS
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Ltr. from Belvedere Mayor to Tiburon Town Officials, dt'd 8/14/92
(Volley Ball Challenge, Sunday, September 13, 1992)
Council directed that this letter be forwarded to members of the Town's Commissions,
Boards and Committees to invite their participation. The Town Manager was likewise
directed to formally respond to the City of Belvedere accepting their challenge.
11. Planning Commission Report & Recommendation to Town Council re
Housing Committee
Councilmember Nygren reported that there is a specific policy in the General Plan
stating that if there is a Housing Committee it is to address the Town Council through
the Planning Commission. However, it was agreed that as long as planning commission-
ers are on the Housing Committee, they may report directly to the Council. The Town
Council concurred to abide by this policy.
Mayor Kuhn noted that when the report is received from the temporary Housing
Committee, that Committee will disband and a permanent committee will be appointed
that will report to the Town Council to address the implementation of the housing
element.
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Councilmember Nygren left the meeting at 11:25 p.m.
12. Memorandum from Chief of Police to Town Manager, dt'd. 8/26/92
(Rescheduling Trial Joint Dispatching Program)
It was noted that the trial joint dispatching program has been delayed to begin in
October.
13. Memorandum from Heritage & Arts Commission to Town Manager, dt'd.
8/19/92 (Community Picnic)
The Town Council indicated their support for reactivating the Ayala Day/Community
Picnic in 1993 as recommended by the Heritage & Arts Commission.
Mayor Kuhn requested the communications from the Commission be directed through
their staff liaison.
.T. STAFF AND TOWN MANAGER REPORTS
14. Town Landscape Maintenance Areas (Classification of Areas by Public
Works Department)
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The Supt. of Public Works reviewed the staff report listing in priority order the inventory
of Town landscape maintenance areas. After discussion, the Town Manager was
directed to maintain an inventory of steps taken to reduce maintenance costs.
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Mayor Kuhn requested that whenever appropriate, the burden of maintenance costs
should be shared with appropriate homeowners associations.
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After discussion, it was the consensus of the Town Council to cancel the
scheduled field trip for September 8th to the Taylor Road property until after
review of the application packet information at a regular Town Council meeting.
B. The Town Manager reported that Joan Bergsund was voted Citizen of the Year
by the Tiburon Chamber of Commerce.
C. Mayor Kuhn reminded the Town Manager to update the Mayor's pictures for the
Council Chambers wall.
K. AD.TOURNMENT
There being no further business before the Town Council of the Town of Tiburon,
Mayor Kuhn adjourned the meeting at 11:45 p.m., sine die.
ALVIN R. KUHN, MAYOR
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ATTEST:
~W. ~~ (~t:
ERESE M. HENNESSY, 11 WN CLERK
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