HomeMy WebLinkAboutTC Min 1992-09-16
TOWN COUNCIL
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MINUTES
CALL TO ORDER
Mayor Kuhn called the Closed Session of the Town Council of the Town of Tiburon to
order at 7:15 p.m. to discuss pending litigation.
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 16, 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, Planning Director Lohman, Finance
Director Stranzl, Police Chief Herley, Minute
Clerk Kearney.
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B. APPOINTMENTS TO COMMISSIONS. BOARDS. COMMITTEES
The receipt of an additional application for the vacancy on the DRB was noted and the
Town Manager was directed to schedule an interview prior to the next Town Council
meeting of October 7, 1992.
C. PUBLIC OUESTIONS AND COMMENTS
A Henry Herold, 6 Marsh Road, referred to a recent letter he forwarded to the
Council and stated he felt the Council had not fulfilled its obligation to protect
the environment in the marsh area by allowing the willow trees to be cut.
Mayor Kuhn reminded Mr. Herold this issue has been heard, a decision rendered
and the matter closed; and unless Mr. Herold presents new evidence or
information, the matter will not be reconsidered.
B.
Becky Clelland, Planning Commissioner and Chairman of the Housing Commit-
tee, requested the Council's approval to proceed to review an analysis provided
by the Ecumenical Association for Housing for several housing alternatives for
the Highlands site and report back to the Town Council with their findings.
Council indicated their approval for the Committee to proceed.
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Councilmember Nygren suggested the Committee meet with surrounding property
owners for their input.
C.
Margo Zender-Wiviott, Planning Commissioner, stated her family would like to
donate two benches for the top of Scout Knoll.
Mayor Kuhn expressed appreciation to Ms. Wiviott and the matter was referred
to the POSC for their consideration.
D. COUNCIL. COMMISSION OR COMMITTEE REPORTS
1. PARKS & OPEN SPACE COMMISSION (Request Special Event Permit
for Tiburon Classic 8 Mile Road Race & Fun Run on April 10, 1993, to
Benefit Tiburon POSC - Commissioner Henry Siegel)
Henry Siegel, Parks & Open Space Commissioner, reviewed the POSe's proposal for an
eight mile race around the Tiburon Peninsula scheduled for April 1993 to raise funds
for parks and open space needs.
The Town Council discussed the importance of holding a public hearing at the POSC
level prior to a subsequent public hearing and consideration by the Town Council.
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Glenn Smith, 430 Greenwood Beach Road, expressed concern regarding possible impacts
this event could have on Blackie's Pasture; questioned the Town's policy regarding how
many of these events can be placed on the calendar per year and how many cars are
allowed to park in Blackie's Pasture at a time; and questioned the benefit of this event
on the Town considering police overtime, special event insurance costs, and possible risk
to the Town's self-insured position. .
Stewart Hopkins, Lagoon View Road, expressed concern that the funds generated from
this event would be restricted to POSC uses.
Bruce Abbott, Greenwood Beach Road, requested the purpose of Blackie's Pasture be
evaluated; stated it is turning into a parking lot; it needs better management; stated its
use should be primarily for the citizens of Tiburon; and expressed concern that parking
will occur in the meadow area.
Mayor Kuhn responded that one of the priorities being considered by the POSC as part
of their consideration of the site plans is the control of parking at Blackie's Pasture.
It was the consensus of the Council to accept the report and remand this matter back
to the POSC for a public hearing; to direct that this issue be extensively publicized; to
direct the POSC to develop a resolution indicating their decision; and that a subsequent
public hearing be held at the Town Council level.
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A.
Mayor Kuhn reminded the Council that September 19th is scheduled for
California Coastal Clean Up Day from 9:00 a.m. to 12:00 noon.
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B. Mayor Kuhn also noted that a special Council session is scheduled for Tuesday,
Octpber 20th to address the proposed smoking ordinance.
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E. CONSENT CALENDAR
Motion:
To approve the Consent Calendar consisting of the following items:
2. APPROVAL OF MINUTES #952, August 19, 1992
3. INVESTMENT SUMMARY REPORT (July 1992)
Moved:
Vote:
Friedman, Seconded by Thompson
AYES: Unanimous
F. PUBLIC HEARINGS
4. GOVERNMENT RESTRUCTURING SESSION IV
a. Joint Police Dispatching Services Status Report (Chief of Police)
The Chief of Police reported that the joint dispatching test period is scheduled to
commence October 15th and the equipment is currently being installed.
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Mayor Kuhn questioned the feasibility of joining with the County 911 system as the fire
districts have; and Chief Herley responded that the County system would not effectively
serve the police needs of the Peninsula and would cost more than the joint system.
Nicky Wolf, Greenwood Beach Road, questioned the allocation of costs for participating
in the joint dispatching program and whether it would reflect the population ratios.
Chief Herley responded that Tiburon's and Belvedere's calls for assistance are exactly
equal to Mill Valley's and Sausalito's; however, there is still a question whether
Belvedere will opt to participate in the joint program~
Russ Wischow, 6 Wilkins Court, stated more information is needed regarding the County
911 system and suggested the results of the joint testing period be compared to the
County system before a final decision is made.
Chief Herley stated that sharing the same frequency with the different areas of the
County would effect the level of service.
After further discussion, the Council requested an analysis of both systems be provided
when the results of the joint program are completed.
b. State Budget Impacts (Town Manager)
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The Town Manager reported that the state mandated reduction in the Town's property
tax revenue will result in a $425,000 deficit for this fiscal year; however, by utilizing a
portion of the Town's surplus PERS fund for 1992 retirement costs, the actual cash flow
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budget deficit will be reduced to $63,000. In the meantime, he stated the Council
Finance Cqmmittee and Staff are endeavoring to determine other cost saving measures
and possible revenue producing sources.
Mayor Kuhn stated that the Finance Committee is working with the Town Manager in
this regard and are considering potential revenue sources such as parking fees and
meters, a parking tax, a theater tax, and/or a ferry tax.
Councilmember Nygren questioned how long the Town could draw on its PERS account;
and the Town Manager responded that the Town could draw two years into the Police
and three years into the Miscellaneous Employees reserve funds.
c. Potential Revenue Sources
Parking Fees (Town Attorney)
The Town Attorney reviewed the various revenue projections that could be generated
from business license tax rates increased from the current .0012%. He further noted
that as long as the tax proceeds are used for general governmental purpose, voter
approval is not legally required.
Mayor Kuhn noted that the parking tax in San Francisco is 25%; and if the Town were
to consider a 10% tax, it would generate $25,000.
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There was discussion regarding the surrounding communities' parking fees; and Mayor
Kuhn stated that the potential impact on Downtown businesses must be carefully
considered.
Parking Meters (Finance Director)
The Finance Director summarized his report concerning metered parking for the Town.
He reviewed the potential revenues that could be generated from parking meters and
noted there would be some costs associated with 'the repair or reconstruction of
sidewalks in certain downtown areas.
Vice-Mayor Friedman stated that parking meters are obsolete and parking boxes should
be researched; and Councilmember Nygren noted that the report does not include the
potential revenue from parking fees at Blackie's Pasture.
Mayor Kuhn requested the Finance Director organize this information on a spread sheet
showing revenues generated from different rates, costs for installation, maintenance and
enforcement costs, etc.; and explore the feasibility of installing parking boxes; obtain
more concise numbers regarding meters in the downtown area. He requested the issue
of location be kept separate at this point in the discussions.
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Councilmember Nygren requested consideration be given to a residential parking
program where residents could park for less than non-residents, or for free; and the
Town Attorney responded that other cities have a similar program to this proposal.
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Stewart Hopkins stated that if the voters are going to be asked to support various bond
measures, the Town should demonstrate it is making an effort to raise revenue in other
ways as well. Further, he stated he would support a parking tax on non-residents.
Don Batten reminded the Council that it is non-residents that support the downtown
businesses; past studies have indicated that residents don't want to pay for parking; and
paid parking will drive parking into the residential areas.
G. UNFINISHED BUSINESS
~%05.
GRANT OF EASEMENT (A.P. #39-021-08, 09, 10, 11 and 12; Applicant:
Irving Rabin; Across Town Open Space - Resolution)
The Town Attorney reviewed the staff report and after discussion, the following
amendments were proposed to the resolution granting the temporary easement:
paragraph 2(b) change the "200" foot requirement to a "400" foot requirement; add to
the last sentence "...at the option and as directed by the Town of Tiburon"; and change
paragraph (f) to read "In order to ensure compliance with condition 2.b. above, Grantees
shall post a bond or other security in a form approved by the Town Attorney in an
amount deemed adequate by the Town Engineer or shall record a covenant running with
the land ensuring such compliance. The bond, security or covenant shall be released
once the work is completed to the satisfaction of the Town."
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Nat Marans, Spanish Trail Road, stated that this parcel's acceptance for annexation into
Sanitary District #5 has not been finalized; questioned the discrepancy in the parcel
description and parcel numbers; and requested assurance that the property would remain
as one parcel of 32 acres. .
The Town Attorney responded that although the Rabin property currently has 5 separate
assessor parcel numbers, as a condition of approval on the precise plan, they are
required to consolidate these into one parcel.
The Town Attorney also noted that he has drafted a resolution at the Council's request
which states the Council's opposition to the Rabin's or any other properties currently in
Sanitary District #5 annexing into Richardson Bay Sanitary District, which is consistent
with CUrrent Town policy.
Motion:
To adopt A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON OPPOSING THE ANNEXATION OF THE
RABIN PROPERTY INTO THE RICHARDSON BAY SANITARY
DISTRICT.
Friedman, Seconded by Thayer
AYES: Unanimous
Moved:
Vote:
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Motion:
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t' Moved:
Vote:
6.
To adopt A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OFTIBURON GRANTING A TEMPORARY EASEMENT TO
IRVING AND V ARDA RABIN (3825 PARADISE DRIVE) as amended.
Friedman, Seconded by Thayer .
AYES: Unanimous
NEW TOWN COMMUNITY CENTER
a. Project Manager for New Town Community Center
Hal Edelstein, architect and former Mayor, reviewed his proposal to serve as project
manager for the new Town Community Center at a rate of $35 per hour plus
reimbursable expenses for printing, fax and out-of-the-county travel. He further
proposed that when the time demands become more regular and predictable, that he be
retained at $1500 per month. It was noted that this would not include his time spent as
a member of the Standing Committee.
Jim Wilson, member of the Standing Committee, spoke in support of the selection of
Hal Edelstein as project manager and stated his proposed rate would be a bargain to the
Town.
Motion:
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Moved:
Vote:
To approve the appointment of Hal Edelstein as project manager for the
New Community Center as per the terms outlined in his letter of August
17, 1992.
Thayer, Seconded by Friedman
AYES: Unanimous
Council member Thayer acknowledged the dedication and service Jim Wilson and Hal
Edelstein have provided the Town.
b. . Project Timeline for New Town Community Center
Vice-Mayor Friedman stated that he would be out of town during the time indicated for
contract negotiations and reported that every provision of the contract has been agreed
upon by both parties except for a few matters regarding architectural fees. Therefore,
he has requested that the Town Attorney meet with the Project Management Executive
Committee and the architects in his absence to complete the contract negotiations.
Regarding the circulation plan, Mayor Kuhn reported that a meeting has been scheduled
for September 22, 1992, to begin discussions with RUSD regarding a circulation plan for
the Town and Reed School properties.
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c. Municipal Funding Programs Planned - Multi-Jurisdictional
Meeting Septcmbcr 15, 1992 (Mayor Kuhn and Vice-Mayor
Friedman)
Mayor Kuhn reported on a meeting held September 15th to address, organize and
inventory the financing needs and bond measure proposals of the various public
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agencies. He stated that each agency and district must coordinate their efforts; stated
The ARK ,will assemble this data for presentation in an article; and Staff has been
directed to maintain and update financing schedules for the various proposed projects
and forward this information to the Finance Committee.
d. Organization for Implementation of New Town Community Center
(Mayor Kuhn)
Mayor Kuhn submitted a draft proposal for project management organization for the
New Community Center project.
Hal Edelstein requested the Town Attorney advise the various committees regarding
Brown Act requirements; and the Town Attorney was so directed.
Motion:
To approve the organization structure and committee members as
submitted.
Thompson, Seconded by Nygren
AYES: Unanimous
Moved:
Vote:
Russ Wischow, Standing Committee member, requested the proposed timeline not be
approved without a dollar line indicating estimated costs and expenditures. After
discussion, it was agreed that the Project Management Executive Committee consolidate
the timeline with the dollar line.
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H. NEW BUSINESS
7. TIBURON PENINSULA LIBRARY (Support Formation of MeIlo-Roos
Assessment District. Resolution)
This matter was continued to a future meeting.
8. TOWN RESTRICTED/SPECIAL FUNDS (Audit Recommendation to
Consolidate Certain Funds)
The Town Manager reviewed the staff report which outlines the recommendations of the
auditor to consolidate certain Town funds and reflects prior Town Council discussions.
The Town Council agreed to accept the report and approve the proposed outline of
special revenue funds and designated general funds in accordance with the Management
Report recommendations.
9. WATER WELL PERMITS (Consider Additional Conditions of Approval
as Proposed by MMWD)
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The Planning Director explained two recommendations as proposed by MMWD for
conditions of approval for domestic water wells, including: 1) that a geotechnical
engineer state in writing that the well will continue to produce an adequate potable
water supply even in the worst drought conditions on record; and 2) that at the time of
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well installation, permittees shall bond for all Marin Municipal Water District connection
costs.
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There was discussion regarding whether the Town's well ordinance should be amended
to reflect these two conditions.
Motion:
Moved:
Vote:
To adopt the two conditions as proposed and amend the Town's well
ordinance to reflect these two conditions.
Friedman, Seconded by Thayer
AYES: Unanimous
First reading for amendment to the well ordinance will be heard at the next regular
Town Council meeting of October 7, 1992.
o-~%~ 10.
BELOW MARKET RATE POINT TIBURON MARSH CONDOMINIUM
(Approve Purchase of BMR Unit at 4 Marsh Road)
In response to a question from Deirdre McCrohan of The ARK regarding the Town's
policy for eligibility to rent these units and whether the Town must comply with the
affordable housing rental guidelines, Mayor Kuhn reviewed the Town's policy of
encouraging Town employees to live in the community when possible and making the
units first available to Town employees regardless of their eligibility. However; if the
employee does fall within the guidelines for affordable rentals, the Town will get credit
for meeting these guidelines. If no Town employee is available, the units are opened
to other community employees.
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Motion:
Moved:
Vote:
To adopt A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON AUTHORIZING PURCHASE OF TWO
BEDROOM CONDOMINIUM UNIT ATPOINTTIBURON (4 MARSH
ROAD).
Thayer, Seconded by Friedman
AYES: Unanimous
I. COMMUNICATIONS
None.
.T. STAFF AND TOWN MANAGER REPORTS
11. MMWD RATE ADJUSTMENT ANALYSIS (Staff Report Regarding
Reduced Rates)
The Finance Director reported that MMWD has recently reduced water rates which,
with improved water management, should save the Town approximately 30% over past
billings.
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Councilmember Nygren stated that this is only a temporary reprieve and the Town
should exp~ore the use of water wells for irrigation purposes. After discussion, the Town
Manager was directed to explore this option and report back to the Council.
A The Town Manager reported that he recently visited Angel Island with
representatives of the Heritage and Arts Commission to consider a future
community event or activity on Angel Island. The Commission will submit a
recommendation in the near future.
B. Mayor Kuhn reported that he has directed Staff to pursue obtaining bids for
improving the P A system for the Town Council Chambers. A report will be
submitted in the near future.
C. Mayor Kuhn noted that a Marin Countywide Plan meeting is scheduled for
September 21, 1992, and Councilmember Thompson was requested to attend in
Councilmember Nygren's absence.
E. Mayor Kuhn reported that there is a vacancy on the MCCMC Economic
Development Commission; and the Council agreed to recommend Councilmem-
ber Thompson for this position. The Town Manager was directed to submit
Councilmember Thompson's name as a candidate.
F.
Mayor Kuhn stated that additional MTC funds are expected to become available
and he requested the Tiburon Boulevard Committee explore possible funding for
bus stops, dividers, traffic signals, etc. Further, the Town Manager was requested
to pursue expediting the bidding process for the downtown footbridge.
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G. Mayor Kuhn reported on a Library Committee meeting with the County
Administrator regarding the sale of the Mar West property. The County
Administrator has indicated that a soils test is required before the matter can be
placed on the Board of Supervisor's agenda. Supervisor Aramburu is working to
expedite the process.
K. ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon,
Mayor Kuhn adjourned the meeting at 10:45 p.m., sine die.
ALVIN R. KUHN, MAYOR
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ATTEST:
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THERESE M. H NNESSY, T N CLERK
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