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HomeMy WebLinkAboutTC Min 1992-10-21 TOWN COUNCIL ~ MINUTES CALL TO ORDER Mayor Kuhn called the regular meeting of the Town Council of the Town of Tiburon to order at 7:35 p.m., Wednesday, October 21, 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 Engineer Bala, Supt. of Public Works Iacopi, Planning Direc- tor Lohman, Senior Planner Anderson, Fi- nance Director Stranzl, Police Chief Herley, Police Captain Lewis, Minute Clerk Kearney. B. APPOINTMENTS TO COMMISSIONS. BOARDS. COMMITTEES None. t C. PUBLIC OUESTIONS AND COMMENTS A Don Batten, President of the Belveron Homeowners Association, announced that he videotaped the Coastal Cleanup Event in September. Further, he stated that he videotaped the Tiburon/Belvedere Triathalon of last summer which will be televised on Viacom Channel 36 in the near future. He stated that each video is available for viewing at the Council's request. B. Ray Truman, 56 Reed Ranch Road, complained about the portable toilets which have been placed in the roadway at the construction site between 18 and 20 Reed Ranch Road. The Town Manager responded that because the construction site is very steep the toilets cannot be placed on the site and it was felt it would be unsafe to place the toilets on the sidewalk forcing pedestrians to walk in the street. Therefore, the toilets were placed in the street. Mayor Kuhn requested Staff contact the contractor and request they prepare an area on the site for the toilets and remove them from the street. " TOWN COUNCIL MINUTES #957 10/21/92 1 D. CONSENT CALENDAR Motion: To approve the Consent Calendar consisting of the following item: f 1. INVESTMENT SUMMARY REPORT (August 1992) Moved: Vote: Friedman, Seconded by Thayer AYES: Unanimous E. PUBLIC HEARINGS 2. TIBURON CLASSIC 8 MILE ROAD RACE & FUN RACE (POSC Request for Special Event Permit for Race Around Tiburon Peninsula in Spring 1993) There was discussion regarding the estimated number of cars this event would attract and where they would park; whether police overtime would be required for this event; how many sponsors have committed to support the event; whether the leaders of similar events have been contacted for advice; impacts on traffic; location of the food booths; and the type of music planned. t POSC Commissioner Siegel responded that Blackie's Pasture will accommodate the estimated 300 cars that this event will attract and the Greenwood Beach homeowners have agreed to allow overflow parking along their street to avoid parking in the meadow area. Further, he stated that traffic would only be disrupted for 10 to 15 minutes while the runners cross Tiburon Blvd. at Trestle Glen; and stated the sponsors and other details of the event will be pursued after the Council has issued the Special Event Permit. Mayor Kuhn opened the public hearing; and upon hearing no public comment, closed the public hearing. Councilmember Thompson urged more information regarding costs be explored and that those who have sponsored similar events be contacted for advice. Councilmember Nygren suggested the weekend of April 4th for the event and requested the POSC carefully plan and limit fund raisers that might inconvenience the residents of Tiburon. Councilmember Thayer expressed concern about holding a picnic on McKegney Green; having events on Sunday mornings; and any event that disrupts the community. However, given the Town's budget considerations and the efforts put into this endeavor, he would support this event as long as it does not set a precedent. " Mayor Kuhn agreed that more precise information is needed, although the Council is generally supportive of the concept. Vice-Mayor Friedman requested a copy of the October 16, 1992, letter from the Greenwood Beach Homeowners be forwarded to Commissioner Siegel. TOWN COUNCIL MINUTES #957 10/21/92 2 Motion: To approve the issuance of the special event permit for the 8 mile race subject to the receipt of more detailed information as discussed. Thompson, Seconded by Friedman AYES: Unanimous " Moved: Vote: 3. GOVERNMENT RESTRUCTURING (Session VI) a. Mayor Kuhn's October 12, 1992, Memorandum Regarding Formation of Committee to Study Department Restructuring Mayor Kuhn referred to Nicky Wolfs proposal to form a committee to address department restructuring and recommended candidates for the committee. He suggested the committee first focus on the Planning Department to review the efficiency of the design review process; and that the committee also review the Town's compensation policy. . The Council discussed whether the committee applicants should be interviewed prior to appointment, what the size of the Committee should be, whether budget expenditures should be reviewed prior to departmental restructuring, whether to rename the project "Financial Operations Review", and whether to schedule a workshop to address the scope of the committee's assignment and timeframe for completion. ~ Mayor Kuhn stated the Town has incorporated a staff size that is required to implement the hillside guidelines, zoning ordinance, and general plan; and this planning process should be reviewed to consider realignment of those functions without sacrificing quality. Further, he stated police services and costs should be reviewed; and Councilmember Nygren responded that Staff should first make recommendations regarding their own Department restructuring. Mayor Kuhn opened the public hearing. Becky Clelland, Planning Commissioner, spoke in support of forming the proposed committee; stated the Committee should consider the broader scope of the Town's management policies; and stated she hoped that all the volunteers would be included on the Committee because of their extensive expertise. Kressy Sayer, Greenwood Beach Road, spoke in support of the formation of the proposed citizens committee. Robert Cooke, 75 Rolling Hills Road, spoke in support of the committee and the workshop session. Richard Hinkle, 90 Lyford Drive, agreed the workshop session would be beneficial; stated the scope of the committee's responsibilities should be broad and under the direction of the Town Council; agreed the volunteers should be interviewed; and, suggested subcommittees address the different issues. ~ Mayor Kuhn closed the public hearing. TOWN COUNCIL MINUTES #957 10/21/92 3 The Town Council agreed to schedule the proposed workshop for Friday, October 30, 1992, 3:00 p:m., in the Police Department EOC room. ~ b. Approval of FY 1992.93 Budget Adjustments (Reductions and Increases) The ToWn Manager reviewed the proposed budget modifications in response to recent State legislation that reduces property tax revenue to the Town. There was discussion and dispute among the Council regarding previous direction given to the Town Engineer regarding the Mar West area flood plain improvements and associated' costs that have been incurred to date; and the Town Manager noted that wheneverthe Council requests time of the Town Engineer for specific projects, costs are incurred. . The Town Council requested a hold on all future expenditures in this regard, and agreed to direct staff to prepare a status report of work completed to date by the Town Engineen'egarding the flood plain for the November 4th regular meeting. Mayor Kunn opened the public hearing. r Nicky Wolf, Greenwood Beach Road, reminded the Council that the police overtime budget needs to be increased and included in the budget adjustments to offset the two positions that are not being filled as a result of the hiring freeze. Staff responded that this matter is being considered and stated that not all services can be covered through overtime; therefore, the level of service is diminishing in some areas. Russ Wischow, 6 Wilkins Court, stated the proposed budget modifications reflect only a 2% reduction and suggested that studies be conducted to determine what impact higher reductions would have on the level of services. Mayor Kuhn closed the public hearing. Motion: To approve the fiscal year 1992-93 budget adjustments, including the flood plain expenditures to date. Thompson, Seconded by Friedman AYES: Unanimous Moved: Vote: 4. PRECISE DEVELOPMENT PLAN (A.P. #38-182-32, 375 Taylor Road; Applicant: Miranda Leonard: 8,000 sq. ft. Single Family Residence, Tennis Court & Accessory Buildings on 4.88 Acres) " The Senior Planner reviewed the staff report and proposal to build a single family residence with a pool house and tennis court on a five acre site. He stated three issues remain: 1) the applicant's opposition to the location of the Planning Commission proposed easement to provide access to Ring Mountain; 2) fencing materials; and 3) exterior building surface colors. He reviewed the applicant's proposed location for the easement across the lower portion of Parcel G which would eliminate privacy problems. TOWN COUNCIL MINUTES #957 10/21/92 4 ~' There was discussion regarding whether the easement would be used by only neighbors; the current .impassable condition of the easement across the Turski property; and whether the applicant would be willing to build a footbridge over an existing stream bed at the easement location she prefers. Bruce Moody, architect representing the applicant, stated that because the applicant's property'is surrounded by public open space, the applicant is concerned about privacy and liability issues and is opposed to the Planning Commission's proposed easement location; stated the Nature Conservancy has indicated they prefer no additional access trails be provided to the Ring Mountain area, but if it must be, they prefer the easement be located on the southern portion of the lot. Mayor Kuhn opened the public hearing. Joe Keller, Hilary Drive, stated trails should be better marked. Anne Libbon, 18 Mateo Drive, stated the existing easement from Mateo Drive is only used by the neighbors and spoke in support of maintaining the easement. Bill Wilson, 14 Mateo Drive, stated that many of the homeowners in the neighborhood are opposed to an easement in the southwest portion of the property which would encourage public access across the private open space area. t' Becky Clelland, Planning Commissioner, stated the Planning Commission voted to approve the southeastern corner easement due to sentiment expressed by neighbors at their meeting; to reduce environmental impacts on wildlife habitat areas; and to continue existing easements across the Turski property which would deadend without access across Parcel G. Mr. and Mrs. Madsen, 4633 Paradise Drive, spoke in OppOSItIon to the Planning Commission's proposed easement because of privacy concerns affecting their property. There was discussion regarding a petition that was signed by many of the neighbors opposing the proposed easement trail, but who later retracted their signature when it was explained that the trail would not be published or cut through the Mateo Drive open space and was intended only for neighborhood use. Mayor Kuhn closed the public hearing. ~ Mayor Kuhn suggested the Town Council re-examine the need for the Pellegrinelli pathway easement because of the extent of construction necessary to make the easement passable; stated that additional entrances to the Ring Mountain areas are not needed; expressed concern that the Planning Commission proposed easement will encourage use of the Leonard driveway to access open space and would not be available for the public at large but for private residents of the neighborhood. Therefore, he would not support the proposed easement. Councilmember Thompson stated preservation of the habitat should be of priority; stated easements should be maintained but major public use not encouraged; suggested the TOWN COUNCIL MINUTES #957 10/21/92 5 Madsens plant screening foliage to protect their privacy; and stated he supports the Planning CoIlJrnisssion's proposed easement. ~' Councilmember Nygren concurred with Councilmember Thompson and stated that alternate existing trails do not direct hikers to the desired location. Vice-Mayor Friedman stated he does not support either alternative and suggested not establishing any new easements, but would like to somehow preserve the Town's rights to establish an easement in the future if necessary. Councilmember Thayer agreed that he did not support either easement proposal. There was discussion regarding fencing at the "four corners" area and whether people would cross private property to gain access to the open space if the easement is not established. Mr. Moody stated the applicant would agree not to construct a fence at the four corners area and allow room for neighbors to gain access to the open space if the floating easement across the Mateo Drive private open space is abandoned. Steve Thayer, attorney representing the applicant, suggested a deed restriction be incorporated which would limit the fencing across the northeast corner of the site and would allow neighborhood pedestrian access to Ring Mountain across Parcel G. ~' After lengthy discussion, the Town Council directed Staff to draft a resolution for adoption on November 4th which incorporates the deed restriction as proposed by Mr. Thayer; stating that fencing receive site plan and architectural review; and that exterior building colors be earth-tones. ' F. UNFINISHED BUSINESS 6. LTR. & PETITION FROM CORINTHIAN ISLAND RESIDENTS TO TOWN COUNCIL dt'd. 9/21/92 (Abatement of Unnecessary Noise Disturbances in Downtown Area) Due to the late hour, this item was moved ahead on the agenda. The Town Manager noted that Mill Valley Refuse denies that they are picking up garbage before 7:00 a.m. on weekdays or 8:00 a.m. on weekends, but stated that it is an independent recycling service that is causing the problem. P- After discussion regarding the need to enforce the noise ordinance, the Town Manager reminded the Council that the Town is in the process of cutting back costs and services. Therefore, he recommended the use permit process be utilized to address the loud music problem and that efforts be made to determine and contact the person who is picking up the recycling before 7:00 a.m. Jane Joost, 73 East View, stated that Mill Valley Refuse will keep the agreed upon schedule for a short period when spoken to, but tends to slip back to the earlier hour TOWN COUNCIL MINUTES #957 10/21/92 6 after a period of time. Also, she stated the music from Mr. Q's has been a continual problem and informed the Council of other noise problems. She urged the Town Council enforce the existing noise ordinance. r The Town Manager reported that Mr. Q's has been put on notice that they must have a permit for dance music, which they do not, and for which they can be cited. Mayor Kuhn directed Staff to forward a copy of the Town's noise ordinance to Mr. Q's and inform them it will be enforced; and suggested the matter of noise from downtown businesses be referred to the Downtown Waterfront Committee for consideration. 9. UNDERGROUNDING OF UTILITIES (Rule 20A Projects) This item was considered in conjunction with the following Item #10. 10. Ltr. from L. J. Keller to Mayor Kuhn, dt'd. 10/12/92 (Request for Undergrounding of Utilities on Hilary Drive Utilizing Rule 20A Funds) Mr. Keller reviewed his request that Hilary Drive be considered a priority for undergrounding of utilities under Rule 20A funding because of the massive wires and poles constructed in his neighborhood to remedy the power problems the Town and Belvedere were having in 1989. t Becky Clelland, Planning Commissioner, reminded the Town Council that she had requested undergrounding along Mar West in 1985. Mayor Kuhn noted that the Town is in the process of identifying and prioritizing a list of particularly sensitive areas for undergrounding in the neighborhoods; and stated the Town's policy has always been to give major thoroughfares first priority. The Town Manager reviewed other competing undergrounding projects within the Town and suggested the Town consider allocating a portion of Rule 20A funds to neighbor- hood undergrounding projects to stimulate support in forming assessment districts. In response to PG&E's request that the Town determine which of the proposed undergrounding projects in Blackie's Pasture to proceed with as outlined in their October 1, 1992, letter, the Town Manager reported that the Town Engineer and PG&E representatives have since met and recommend a fourth proposal to remove six poles at $291,000. The Town Council agreed to approve the fourth proposal and borrow whatever is necessary into the future to finance this project. 5. JUVENILE ALCOHOL OFFENSES AND IMPOSITION OF FEES FOR POLICE SERVICES (Ordinance, 1st Reading) " Councilmember Nygren requested the word "unsupervised" be deleted from the first paragraph of the proposed Ordinance. Mayor Kuhn opened the public hearing; and upon receiving no public comment, closed the public hearing. TOWN COUNCIL MINUTES #957 10/21/92 7 Motion: Moved: ' Vote: " Motion: Moved: Vote: To read the Ordinance by title only. Friedman, Seconded by Thayer - AYES: Unanimous To pass first reading of AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADDING SECTIONS 25-6 AND 25-7 TOT HE TIBURON MUNICIPAL CODE CONCERNING JUVENILE ALCOHOL OFFENSES AND IMPosmON OF FEES FOR POLICE SERVICES, as amended. Friedman, Seconded by Thayer AYES: Nygren, Friedman, Thayer, Thompson, Kuhn 7. TRAFFIC SAFETY COMMITTEE REPORT (September) The Town Council acknowledged receipt of the Traffic Safety Committee September Report and noted that the one-way Main Street issue has been tabled. G. NEW BUSINESS 8. - WATER WELL ORDINANCE (Amendments as Proposed by MMWD . Ordinance, 1st Reading) Mayor Kuhn opened the public hearing; and upon receiving no public comment, closed the- public hearing. ~ Motion: Moved: Vote: Motion: Moved: Vote: To read the Ordinance by Title Only. Friedman, Seconded by Thayer AYES: Unanimous To pass first reading of AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING CHAPTER 13F OF THE TIBURON TOWN CODE (WATER WELL CONSTRUCTION AND USE) Friedman, Seconded by Thayer AYES: Nygren, Friedman, Thayer, Thompson, Kuhn H. COUNCIL. COMMISSION OR COMMITTEE REPORTS None. I. COMMUNICATIONS " 11. Ltr. from Judy Bloch, Chairman, Tiburon Peninsula Disaster Planning Committee (Approve Appointment of Sara Garbarini to Committee) The Town Council acknowledged receipt of a letter from the Chairman of the Tiburon Peninsula Disaster Planning Committee and approved the appointment of Sara Garbarini to the Committee. TOWN COUNCIL MINUTES #957 10/21/92 8 " [' " J. STAFF AND TOWN MANAGER REPORTS 12. Memorandum from Building Inspector to Town Manager, dt'd. 10/15/92 (Request for Improved Lighting in Town Records Storage Area) The Town Manager stressed the need for improved lighting in the Town records storage area which requires daily use by Planning and Building personnel. Motion: To accept the bid of Community Electric and authorize funding for such improvements from the Town's Capital Outlay Fund in an amount not to exceed $2,250. Friedman, Seconded by Thompson AYES: Friedman, Thayer, Thompson, Kuhn NOES: Nygren Moved: Vote: 13. Memorandum from Minute Clerk to Town Manager dt'd. 10/5/92 (Bids for New Council Chambers Public Address System) Due to the late hour, this item was continued to the next regular Town Council meeting of November 4, 1992. K. CLOSED SESSION The Town Council adjourned to Closed Session at 1:25 a.m., Thursday, October 21, 1992, to discuss potential litigation. L. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Kuhn adjourned the meeting at 1:30 a.m., Thursday, October 21, 1992, sine die. ATIEST: ~At1M-W.~t'~~ THERESE M. HENNESSY, TO CLERK TOWN COUNCIL MINUTES #957 10/21/92 9