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HomeMy WebLinkAboutTC Min 1992-10-07 ~ ~ a t1~i\ d- TOWN COUNCIL MINUTES CALL TO ORDER Mayor Kuhn called the regular meeting of the Town Council of the Town of Tiburon to order at 7:30 p.m., Wednesday, October 7, 1992, in Room 5, Del Mar School, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Nygren, Friedman, Thayer, Kuhn ABSENT: COUNCILMEMBERS: Thompson EX OFFICIO: Town Manager Kleinert, Town Attorney Ewing, Town Engineer Bala, Supt. of Public Works Iacopi, Planning Director Lohman, Senior Planner Anderson, Finance Director Stranzl, Police Chief Herley, Police Captain Lewis, Minute Clerk Kearney. B. APPOINTMENTS TO COMMISSIONS. BOARDS. COMMITTEES The intended appointment was continued to the next regular meeting of October 21, 1992. C. RECOGNITION OF TOWN SERVICE WARREN CALLISTER, Planning Commissioner (1984-92) Resolution Mayor Kuhn commended Commissioner Callister for his years of service and presented him with a plaque of appreciation. Motion: To adopt A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON EXPRESSING APPRECIATION TO WARREN CALLISTER FOR SERVICE ON TIBURON'S PLANNING COMMIS- SION. Friedman, Seconded by Nygren AYES: Unanimous Thompson Moved: Vote: Absent: TOWN COUNCIL MINUTES #955 10/7/92 1 ~ 17. POLICE DEPARTMENT EMPLOYEES COMMENDATIONS - Sgt. Laura Judd - Cpl. James McVeigh At the request of the Town Manager, this item was moved forward on the agenda. Police Chief Herley informed the Council how Sgt. Judd assisted in achieving a conviction in a major child molestation case; and he told how CpI. McVeigh provided life-saving assistance to an elderly woman in Town. D. PUBLIC OUESTIONS AND COMMENTS The Town Manager noted that the applicant for Item 8, PRECISE DEVELOPMENT PLAN, has requested a continuance to the October 21, 1992, Town Council meeting. The Council agreed to grant the continuance. There were no public questions or comments. E. CONSENT CALENDAR " Mayor Kuhn requested Item 4, TRAFFIC SAFETY COMMITTEE REPORT (September) be continued to the next regular meeting of October 21, 1992, for discussion. Upon Councilmember Thayer's questioning, it was explained that the Downtown Waterfront Committee recommended against the "Bala" plan which recommended a one-way street on Main Street based on the reactions of Corinthian Island residents and problems associated with the recommended two hammerheads. The Town Council agreed to continue this matter. The Town Manager noted a correction to Item 6 Staff Report under Recommendation and stated the $1,600 should be changed to $1,819. Mayor Kuhn requested amendment to Minutes #953 on page 9, under Item 7, 1st line, change to read: "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." Motion: To approve the Consent Calendar as amended consisting of the following items: 1. APPROVAL OF MINUTES #953, September 2, 1992; #954, September 16, 1992 2. AWARD OF CONTRACT (Shoreline Park Pedestrian Bridge - Ireland, Robinson & Hadley, Inc.) 3. AWARD OF CONTRACT (Venus Court Overlay Project - W.K. McLellan) l TOWN COUNCIL MINUTES #955 10/7/92 2 ~ fp}9 5. 1~~ 6. RICHARDSON BAY REGIONAL AGENCY (Amend Joint Exercise of Powers Agreement to Simplity Financial Procedures - Resolu- tion) DOWNTOWN BIKE PARKING IMPROVEMENTS (ISTEA Matching Funds - Resolution) Moved: Vote: Nygren, Seconded by Friedman AYES: Unanimous ABSENT: Thompson F. PUBLIC HEARINGS 7. APPEAL PLANNING COMMISSION DECISION (A.P. #58-341-09; Applicant: A. Burnham; Appellant: Joan & Charles Dresow; Install Ham Radio Antenna) Due to a conflict of interest regarding this item, Mayor Kuhn stepped down from the table and Vice-Mayor Friedman took the Chair. The Planning Director and Senior Planner reviewed the staff report and presented the proposed site for the ham radio antenna as recommended by the Planning Commission. The Senior Planner read into the record a letter from Pete and Louise Petrie, 14 Tara View Road, indicating support for the site selected by the Planning Commission. ~ The Town Attorney explained the FCC ruling known as PRB-l preempts local regulations that completely prohibit amateur radio communications, but states that local agencies can regulate design and aesthetic considerations as long as reasonable radio communications can be received through the antenna. Councilmember Thayer questioned whether the applicant can be required to remove the antenna if he moves; and the Town Attorney responded that this use permit runs with the land, but he recommended including a condition stating this use permit is only to be applied to this operator with this license; therefore, if someone else moved in with a different license, they would have to obtain a new permit. The applicant's agreement to remove the antenna in the event he moves was discussed and whether to include this condition in the resolution. . Al Burnham, the applicant, stated that he had originally requested the antenna be placed in the ravine area because this location would have the least impact on the neighbors even though radio reception would be poor at this site; stated he would agree to paint and landscape around the antenna; stated the requested 40' antenna was to keep it below the tree line although he could have applied for a 65' antenna; stated the Planning Commission's proposed site will impact more people, although the antenna will operate better at this location; and stated that private citizens have the right under law to communicate through radio frequency. , . TOWN COUNCIL MINUTES #955 10/7/92 3 t' Councilmember Thayer questioned Mr. Burnham why it was necessary for him to engage in worldwide communication from his home when it results in disrupting the community; and whether there are other antenna designs that would be less disruptive; and Mr. Burnham responded that he did not intend to disrupt the community and another antenna design would not be appropriate for worldwide communication. Charles Dresow, appellant, indicated his opposition to the proposed site because it would be in his primary view and within 25 feet of his home; stated he is not opposed to the ravine site; stated less people would be affected by the ravine location which would only effect minor views of the Tara Hill residents; he noted that he plans to cut and trim the existing trees at the Planning Commission proposed site which will have an even more dramatic effect on their view; he requested that no decision be made until after the trees are cut and it is known what impact the antenna will have at the proposed location. Joan Dresow, appellant, stated the proposed site will be more intrusive to the Tara Hill residents than the ravine site; and the ravine site would be 10' lower in elevation and will be masked by bushes and trees. Vice-Mayor Friedman opened the public hearing. Brian Swift, 38 Meadowhill, and Robert Herwick, 41 Meadowhill, spoke in opposition to the proposed Planning Commission site. " Pat Kellett, 44 Meadowhill, read a letter into the record from the Hellers, of 43 Meadowhill, speaking in favor of the ravine site; stated many more people will be impacted by the proposed Planning Commission site; stated the Planning Commission did not adequately address options available to make the ravine location more acceptable; stated the ravine site is not in anyone's primary view; noted that Mr. Burnham, Staff and the Meadowhill homeowners all favor the ravine site; and stated some important supporting data is missing from the Planning Commission resolution which would support the ravine location over the proposed site. Bill Rand, 12 Tara View, spoke in support of the proposed Planning Commission site and questioned the appropriateness of allowing an antenna in this area of Town amongst million dollar homes. He suggested the affected neighbors join efforts to convince the applicant to place his antenna elsewhere. Tom Cowley, 26 Tara Hill, complimented the Planning Commission on their decision; stated the chosen location was a compromise; stated there would only be a 15' difference in elevation from the ravine site to the proposed site; stated the antenna will perform better at the proposed site than the ravine site; and stated the ravine site would be directly in his line of site. l George Hall, 426 Greenwood Beach Road, stated he is also a ham radio operator; stated that other types of antenna are available for the applicant's purpose; stated the horizontal structure of the antenna should be shown with story poles; stated there is no mandate from the FCC stating this is the only antenna that can be used; stated this is TOWN COUNCIL MINUTES #955 10/7/92 4 a hobby and would not benefit the citizens of Tiburon; suggested that other antenna alternatives be considered. ~ Don Batten, Belveron and ham radio operator, spoke in support for the proposed antenna. Bruce Moody, 88 Mt. Tiburon, stated that Mt. Tiburon residents would also be impacted by the antenna and spoke in support of the proposed location; recommended story poles be erected indicating the size vertically and horizontally after the trees have been trimmed. Randy Greenberg, Planning Commission Chairman, stated the Planning Commission was informed that other alternative antenna designs were not available; therefore, she suggested this be further explored since the size of the antenna is an issue. The public hearing was closed. Councilmember Thayer recommended the Town Council wait to make a decision after the trees have been trimmed and horizontal and vertical story poles erected at the Planning Commission proposed site to determine the aesthetic impacts. Further, he questioned the Town Attorney whether the Town can regulate the type of antenna erected and, if so, to what degree; and the Town Attorney responded that antenna types have not been regulated to date. ~ Councilmember Nygren concurred with Councilmember Thayer's recommendation and further requested the story poles be painted black to more closely imitate the proposed antenna. There was discussion regarding the need for a side yard variance at the ravine site and a rear yard variance at the Planning Commission proposed site. Vice-Mayor Friedman agreed with both Councilmembers Thayer and Nygren and stated that although the Town is federally required to allow the antenna, he will do whatever is possible to minimize its impact; stated the antenna is ugly and he would not consider approving it until after the trees are trimmed, story poles erected, and he has read further on the law applying to antennas. Therefore, it was the consensus of the Town Council to direct the applicant to erect story poles both vertically and horizontally at the Planning Commission proposed location and paint the story poles black. The Council further directed that a Town Council field trip be scheduled for Monday, November 16th at 4:00 p.m. at the site, after the trees have been cut and trimmed, and to hear this matter again at the regular Town Council meeting of November 18th. I TOWN COUNCIL MINUTES #955 10/7/92 5 8. PRECISE DEVELOPMENT PLAN (A.P. #39-182-32, 375 Taylor Road; Applicant: Miranda Leonard; 8,000 sq. n. Single Family Residence, Tennis Court & Accessory Buildings on 4.88 Acres) APPLICANT REOUESTS CONTINUANCE TO OCTOBER 21. 1992 ~ The Town Council granted the continuance. 15. LTR. & PETITION FROM CORINTHIAN ISLAND RESIDENTS TO TOWN COUNCIL dt'd 9/21/92 (Abatement of Unnecessary Noise Disturbances in Downtown Area) The Town Manager stated that the petitioners have requested this item be continued to the regular meeting of October 21, 1992. The Town Council approved the continuance. 10. CONTROL OF JUVENILE GATHERINGS (Consideration of Regulating Large Juvenile Gatherings) It was agreed to move this item forward on the agenda. Police Chief Herley recom- mended the Town Council consider adoption of an Ordinance imposing fees and cost liability on responsible parties for second responses to complaints regarding juvenile gatherings. ~. Mayor Kuhn opened the public hearing. Molly Brining, 192 Stewart Drive and member of a local PTA, urged this ordinance be adopted. Hearing no further public comment, Mayor Kuhn closed the public hearing. The Town Council agreed to schedule the introduction and hearing for first reading of the proposed ordinance at the next regular meeting of October 21, 1992. Councilmember Nygren requested that representatives from the local PTAs be invited to attend that hearing. G. UNFINISHED BUSINESS 9. GOVERNMENT RESTRUCTURING - SESSION V a. Joint Police Dispatching Program (Mill Valley, Sausalito, Belve- dere & Tiburon) l The Town Manager requested the Town Council indicate in the record their support for the Town's participation in the proposed Dispatching Program. He further stated that Belvedere has agreed to participate in the test period. TOWN COUNCIL MINUTES #955 10/7/92 6 ~ ~ Police Captain Lewis reviewed his report regarding the 911 and the Public Safety Answer Point systems. It was noted that participation in this program would save the Town $35,000 in costs, and would provide at the minimum the same level of service. Mayor Kuhn noted that if the test results are not favorable to Belvedere and should they decide not to participate in the program, the Town will need to consider the impact of separating services and the backup that the two cities provide each other. Chief Herley reminded the Council that the Emergency Operations Program is based on cooperation between the two cities and fire districts; and stated that the two cities would always provide assistance to each other even if they are not a part of the same dispatch system. The Town Manager stated this issue would be discussed at the next Belve- dere/Tiburon Mayors' meeting. Nicky Wolf, 426 Greenwood Beach Road, questioned the proposed cost breakdown and whether there would actually be a cost savings; and Chief Herley responded that regardless of the cost savings, this program would provide a more efficient and effective way to provide service to the Community. He further stated that one advantage of consolidating dispatching services with the Southern Marin cities is that the dispatchers would be familiar with the cities, whereas the County dispatchers might not be familiar with the Southern Marin areas. - After further discussion, Mayor Kuhn requested the costs be weighed carefully during the test period and stated that one concern in participating in a JPA is that the Town might lose control over the costs. Chief Herley requested the Town Council make a commitment that should the results of the period be favorable that the Town will continue to participate in this joint program. Mayor Kuhn responded that the Town must first obtain a commitment from Belvedere that they will participate in the program. b. Parking Fees/Meters The Finance Director reviewed the staff report and stated the break point at which parking meters might be profitable would be 100 meters at $.75 per hour, and stated that any higher fee might discourage residents from patronizing local businesses. There was discussion regarding the enforcement time meters would require which might offset revenue expectations; and whether there would be a financial impact to the Town in lost sales tax revenues should meters discourage business in the Downtown. Nicky Wolf, 426 Greenwood Beach Road, stated the concept of parking meters is a political issue that should first be accepted by the Town residents before pursuing. I Vice-Mayor Friedman again requested staff explore parking boxes in lieu of meters; and staff was so directed. TOWN COUNCIL MINUTES #955 10/7/92 7 c. Summary YTD: Expense Reductions/Increases ~ Mayor Kuhn reviewed the Progress Report regarding Government Restructuring reflecting current expenditure and revenue adjustments to the approved 92/93 budget. Nicky Wolf, 426 Greenwood Beach Road, noted that the overtime required to offset the hiring freeze in the Police Department should be included in the report; and requested more detailed information regarding supplies & services. The Town Council so directed Staff. Ms. Wolf referred to a citizens' letter dated October 6th requesting a citizens advisory committee be appointed to address government restructuring and streamlining, and report to the Town Council. It was agreed to place this matter on the next Town Council agenda of October 21, 1992. H. NEW BUSINESS 11. REGIONAL FERRY PLAN (San Francisco Bay Area; Draft Final Report Executive Summary; Prepared for City of Vallejo and Metropolitan Transportation Commission) I~ The Town Attorney noted that the portions relevant to Tiburon were addressed by the Town Council last August. ~ , Councilmember Nygren requested Staff contact the MTC to request a response regarding the effect the plan would have on independent ferry owners. 12. MARIN COUNTY HAZARDOUS AND SOLID WASTE MANAGEMENT (Establish Countywide JPA to Assist Compliance with AB 939 - Agree- ment) The Town Manager stated that the Marin County City Managers are proposing a Joint Powers Authority be formed to coordinate management of countywide hazardous and solid waste programs in compliance with AB 939. The Finance Director stated the proposed JPA would allow the cities more power in waste management. Mayor Kuhn expressed concern that entering into the proposed JP A will result in increased costs and staffing needs; and he suggested the JP A be developed to not require the cities to be financially responsible for the functioning of the JPA and requested this possibility be examined. - Vice-Mayor Thayer volunteered to serve as a Boardmember to the JPA Board with Councilmember Nygren as alternate. TOWN COUNCIL MINUTES #955 10/7/92 8 ~ Motion: Moved: Vote: To adopt the proposed JP A and authorize execution of the agreement. Friedman, Seconded by Thayer AYES: Unanimous ABSENT: Thompson I. COUNCIL. COMMISSION OR'COMMITTEE REPORTS 13. NEW TOWN CENTER PROJECT MANAGEMENT COMMITTEE REPORT (Circulation Patterns - Mayor Kuhn) Mayor Kuhn reviewed the report of the meeting held on September 22, 1992, between Town and Reed Union School District representatives to discuss circulation problems in the Town Hall/Reed School area and possible improvements that would be compatible with future planning. He noted that the first 72' of Ned's Way is public road and thereafter is private road owned by The Hilarita. Therefore, The Hilarita's approval will be required prior to alteration of the roadway. He further noted that the impacts upon the Community Garden will be addressed separately once the circulation plan is defined. There was discussion regarding the formation of the Design Advisory Committee to address design considerations; and Mayor Kuhn indicated such a committee will be appointed soon. ~ 14. COASTAL CLEANUP PROGRAM & PICNIC (POSC'S Report & Recognition of Volunteer Support) The Town Council received the report without discussion. .T. COMMUNICATIONS 16. MEMORANDUM TO TOWN COUNCIL FROM HERITAGE & ARTS COMMISSION, dt'd 9/25/92 Mayor Kuhn noted the planned private tour of Angel Island scheduled for October 13, 1992, beginning at 8:30 a.m. The Council indicated their support for the efforts of the Heritage & Arts Commission, but stated it is difficult for them to attend the tour at that specific time. K. STAFF AND TOWN MANAGER REPORTS 18. DONAHUE BUILDING (Special Town Council and POSC Tour, Saturday, November 7 of Donahue Building with Joan Bergsund & Landmarks Society -Oral Report) - Mayor Kuhn reported that a special meeting is scheduled for Saturday, November 7, 1992, 10:00 a.m., at the Donahue Building to meet with the POSC and Landmarks Society and their architect to review proposed improvements to the Donahue Building. TOWN COUNCIL MINUTES #955 10/7/92 9 ". .. 19. TOWN HALL TELEPHONE SYSTEM (Replacement of Toshiba TEL/PLUS System with Pacific Bell CENTREX System) The Town Manager reported that the current telephone system has had some major technical problems that are too costly to repair; and the new system will be installed within the month at a cost of $3500. . L. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Kuhn adjourned the meeting at 12:30 a.m., October 8, 1992, to the special meeting of October 20, 1992, to address the proposed smoking ordinance. ATIEST: ~a<.rn~WNClERK ~ I TOWN COUNCIL MINUTES #955 10/7/92 10