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HomeMy WebLinkAboutTC Min 1993-01-20 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, January 20, 1993, 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, Acting Planning Director Anderson, Finance Director Stranzl, Police Chief Herley, Minute Clerk Kearney. B. PUBLIC OUESTIONS AND COMMENTS I r- Fred Peterson, co-counsel representing the appellant, requested Item #9 be continued to the next regular Town Council meeting of February 3, 1993, due to illness of the appellant and co-counsel, Joe Giacomini. Deputy Mayor Friedman requested he be provided with copies of the original complaint and final judgment in the Lewis v. Grange case. It was the consensus of the Council to continue this matter to February 3, 1993. C. RECOGNITION OF SERVICE 1. DON BATTEN (Resolution. Service to the Community) Mayor Kuhn noted Mr. Batted!; years of service to the community including his recent upgrading of the Council Chamber's PA system. He presented Mr. Batten with a resolution of appreci~tion. " Motion: To adopt A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON IN APPRECIATION TO DON BATIEN FOR HIS YEARS OF COMMUNITY SERVICE. Friedman, Seconded by Nygren AYES: Unanimous Moved: Vote: I r-- TOWN COUNCIL MINUTES #965 1/20/93 1 . D. APPOINTMENTS TO COMMISSIONS. BOARDS. COMMITTEES " Mayor Kuhn stated the appointments to the DRB and POSC will be continued to the next regular meeting of February 3, 1993. E. UNFINISHED BUSINESS 2. BLACKIE'S PASTURE (Council Direction to POSC Regarding'Future Improvements) Mayor Kuhn stated that the Council needs to provide guidance to the POSC regarding a possible limited budget and improvements to Blackie's Pasture. Councilmember Thompson suggested a workshop session with the Town Council and POSC be scheduled to address this issue. Councilmember Thayer recommended that because of budget restraints, the Town provide for a clean up of the area, the designation of a specific parking area, and the planting of native trees and plants to screen the parking area in lieu of the improvements included in the adopted plan for Blackie's Pasture. , Councilmember Nygren recommended two possibilities, the first to include working with the Audubon Society to restore the marsh area; and the second to organize the parking in the area along the existing path and away from the roadway, to clean up the area with the assistance of the California Conservation Corp., to install signs prohibiting dumping, to plant native trees and foliage, and to explore paid parking in the Blackie's Pasture area. Deputy Mayor Friedman expressed concern regarding the approved plan's ability to recreate the marsh as intended and the plan's affordability. He stated that the Audubon Society's offer to assist in recreating the marsh should be considered by the POSC for incorporation into the approved plan. Mayor Kuhn reviewed his recommendations as outlined in his memorandum of November 20, 1992. Barbara Salzman, of the Audu~<in Society, reviewed several wetland restoration projects successfully completed by the Society; offered the Society's assistance in restoring the Blackie's Pasture marsh; stated the Society would be the lead agency in supervision of the project; stated th~ Society would first need to obtain costs for dredging, etc.; stated there are no definite sources of money. but various grants are available for this purpose; and stated the Audubon Society wishes to collaborate with the Town in this effort. Discussion ensued regarding the likelihood of obtaining grant monies; the marsh maintenance that will be required; whether the Town is not legally bound to offer the project for open bidding; and whether grant monies would consist of matching funds. I Elva Edger,.35 Reed Ranch Road and President of the Audubon Society, suggested the Council tour some of the marshes the Society has restored. r"' TOWN COUNCIL MINUTES #965 1/20/93 2 " Lisa Klairmont, Chair of the POSC, thanked the Society for their offer, but expressed concern regarding the discrepancy between the Society's recommended depth of the marsh and the POSe's recommended depth; however, if this is the only way to obtain marsh restoration, she would support the Society's plan. Jocelyn McDonnell, former POSC Commissioner, requested a commuter parking lot be included in the plan as was proposed years ago. After further discussion, the Town Council agreed to schedule a workshop with the POSC and Audubon Society to address these issues and directed Counci1member Thompson to work with Staff in scheduling a Saturday workshop. The A~ting Planning Director noted that one item for discussion at the workshop will be the establishment of the ultimate location for the entrance to Blackie's Pasture because of a recommended change in location by the Tiburon Boulevard Improvements Committee. F. COUNCIL. COMMISSION OR COMMITTEE REPORTS 3. JT. RECREATION COMMITTEE ANNUAL AUDIT REPORT (Recreation Director Barbara Creamer) , Jerry Riessen, Chairman of the Belvedere/Tiburon Joint Recreation Committee, thanked the Town Council for including the Joint Recreation Department in its plans for the New Town Hall; reviewed the past year's programs; facilities used; participation statistics; and stated the Department is successful at remaining self-sufficient. Director Creamer reviewed the audit stating the Department at the end ofFY 1992 had a fund balance of $36,071 of which $10,000 is in restricted reserves for insurance purposes; $8,000 is restricted for tennis court improvements; and the balance is an unrestricted amount. Further, she stated the Department anticipates increasing the tennis court restricted funds because of a five-year plan for tennis court improvements; and stated they have maintained their program enrollment numbers; and noted the efficient use of the Department's part-time staff. Mayor Kuhn invited representatives from the Joint Recreation Department attend a meeting scheduled for January.26, 1993, to discuss the design of the New Town Center, and commended the Committee and the Department for their efforts. There was discussion.regarding the Department's staffing hours, and the Department's ability to fully utilize the proposed community room in the new Town Center. Director Creamer reported that although the community room would be fully utilized during the week, the Town should not anticipate large sums of revenue from third party weekend rentals. I 4. JUDY BLOCH (Tiburon Peninsula Disaster Preparedness Committee) Judy Bloch, Chairman of the Tiburon Peninsula Disaster Planning Committee, reported that 30 volunteers have enrolled in the series of training workshops scheduled for t""' TOWN COUNCIL MINUTES #965 1/20/93 3 " January through March of this year. Further, she reported that a data base has been prepared to allow for quick access to necessary information in the event of a disaster. Further, she requested one or two Town Councilmembers train in EOC communications, take an active role in educating the community regarding disaster preparedness, and pursue housing assistance to allow for employees that will be needed in the event of a disaster to live in Town. She noted the difficulty the Committee has met in activating interested citizens to address this matter and participate in the program. Councilmember Thompson indicated that this matter will be discussed at the next Homeowners Summit meeting scheduled for March of this year, and suggested the Town Council be trained in certain services such as dispatching. There was additional discussion regarding the possibility of educating the public through a newsletter or article& in The ARK. Police Chief Herley commended Ms. Bloch for her efforts. CRIME REPORT At the request of Mayor Kuhn, Police Chief Herley reported on recent criminal activity on the Peninsula. Mayor Kuhn requested the issue of a neighborhood watch program be placed on the Homeowners Summit meeting agenda. 5. BELVEDERE/TIBURON ECONOMIC DEVELOPMENT PROGRAM (Establish Economic Development Committee) , Mayor Kuhn reported that a meeting was held with the Mayors and Vice-Mayors of Belvedere and Tiburon, and other major landowners in Town to discuss the concept of forming an economic development committee to explore alternative sources for revenue and business development. He reported that a meeting is scheduled for Monday, January 25, 1993, with Safeway representatives to discuss the Bon Appetit lease, and he will report back at a future Town Council meeting. G. NEW BUSINESS 6. RULE 20A PROJECTS (Prioritize Future Town Undergrounding Projects) The Town Manager reviewed.lhe staff report and stated the Town currently has a $10,859 deficit in its Rule 20A fund because of borrowing against future allocations for past projects. He recommended the Council consider undergrounding priorities along Tiburon Blvd., and a,ssist the neighborhood groups through Rule 20B funds to form assessment districts. Further, he outlined those neighborhoods on Hilary Drive and Mar West that have been impacted by the addition of power lines and transformers to provide additional power to the downtown area. r--- There was discussion regarding the unavailability of funds for this purpose from the League of California Cities and the County; the fact that the additional neighborhood lines were installed to benefit the whole community; whether the Town should assist the neighborhoods in organizing to form assessment districts and supplementing the Rule 20B funds with the distinction that these neighborhoods represent a unique situation. I TOWN COUNCIL MINUTES #965 1/20/93 4 t Joe Keller, Hilary Drive, reviewed the history of the additional power lines which benefit downtown Tiburon and not their neighborhood; and discussed the health and safety issues associated with high voltage power lines. Further, he stated that the Town could allocated Rule 20A funds for undergrounding in this neighborhood if it so desired. Becky Clelland, 1685 Mar West, suggested the Town Council pressure PG&E to provide engineering studies to acquire accurate costs figures to assist in forming a neighborhood assessment district. She also requested the Town consider loaning the neighborhood money to provide engineering studies which can be paid back when the districts' are formed. It was agreed that Joe Keller, Becky Clelland, the Town Manager and Town Attorney work with PG&E to obtain cost studies for undergrounding in the neighborhoods in questiQn and request PG&E's response to the health and safety issues associated with this problem. Councilmember Nygren suggested Joe Keller publicize the health and safety issue by writing letters to The ARK 7. AMEND JOINT POWERS AGREEMENT RE OPEN SPACE ACQUISITION (Consider Old St. Hilary's Last Chance Open Space Acquisition Committee Recommendations Regarding County Open Space District, Belvedere and Tiburon JPA for proposed Ballot Measure. Resolution) , The Town Manager reported that the Joint Powers Agreement for acquiring open space between the City of Belvedere, the County and Tiburon requires amendment' by including more properties in the description section and an indication that the issuance of the bonds and levying of the tax would not take place until there is a willing seller and an acceptable purchase agreement. He noted the deadlines of February 2, 1993, for Board of Supervisors approval of the revised Joint Powers Agreement; and March 9, 1993, for final ballot wording approval by all participating agencies before plans for a ballot measure in the June election can proceed. Jerry Riessen, Co-Chair of the Committee, reviewed the proposed amendment; stated that this issue is timely in that development applications are being processed; and requested two members from the Town Council work with the Committee to review the bond language..... , There was lengthy discussion regarding the Town of Tiburon and the, City of Belvedere's ability to veto the Open Space District's proposed acquisitions under the provisions of this agreement; whether the Town should be reimbursed for initial election and purchase costs should the bond measure pass; and whether the engineering services should be more clearly defined. I Fran Mayberry, former Town Councilmember, stated this matter is of urgency because of the Harroman property's pending application; noted that the voters would not be obligated to pay taxes towards the bonds unless the bonds are issued, and they will not be issued unless there is a willing seller and an agreement. r- TOWN COUNCIL MINUTES #965 1/20/93 5 " John Collette, Counsel representing the Harroman property owners, requested clarification of the Town's intent; stated that since they are the only property owner included in the agreement that has an application pending, there is concern that this proposal is aimed directly at them and is an attempt to interfere with the normal application process. Further, he stated that the Harroman property owners have no desire to sell this property or negotiate such, but to continue pursuing their application for precise plan approval. The Town Attorney responded that this agreement authorizes the Open Space District to negotiate with any affected property owners to see if they are willing to sell their property and this should not have any impact on the processing of the Harroman~s application. The Acting Planning Director concurred. . Mr. Collette responded that if the Open Space District were willing to pay fair market value for the property, there is a distinct possibility Harroman property owners wou~d consider an offer. Mark Reed, representing the Martha Co., stated the Martha Co. representatives have .the same concerns expressed by Mr. Collette. Motion: To adopt A RESOLUTION OF THE TOWN OF TIBURON APPROVING THE AMENDED JOINT POWERS (AND COMMUNITY FACILITIES) AGREEMENT. Thompson, Seconded by Friedman AYES: Unanimous Moved: Vote: I r- 8. EMPLOYEE SALARY/HIRING FREEZE (Reconsideration of Current Policy) The Finance Director reviewed the staff report and recommended the Council make a decision to either lift the freeze, or continue the freeze pending an independent comparative study of salary and benefit compensation levels for management and mid- management employees and recommendations from the Citizens' Financial Review Committee. Councilmember Thayer stated the Citizens' Financial and Committee is currently making a study regarding appropriate ,salary and benefit levels for each affected position and suggested making adjustments and reviews at the same time every year, perhaps during budget hearings. He requested no action be taken at this time until the Committee has a final report which will be ready by the end of March 1993. He noted the Committee's next meeting will be held Saturday, January 23, 1993. Deputy Mayor Friedman recommended the individual inequitable situations should be reviewed and adjusted prior to the annual review. I The Town Council agreed to continue this matter to the first Town Council meeting in April, 1993. ' r TOWN COUNCIL MINUTES #965 1/20/93 6 . "-. --- H. PUBLIC HEARINGS "" 9. APPEAL BLDG. 'OFFICIAL'S DECISION ON EXPIRATION OF BUILDING PERMIT (A.P. #58-011-12, Appellant: F. Grange, 3616 Paradise Drive) As previously noted, this item was continued to the February 3rd Town Council meeting. 10. DESIGN REVIEW PROCESS FOR NEW TOWN CENTER (Ordinance, 2nd Reading) Mayor Kuhn opened the public hearing, and upon receiving no public input, closed the public hearing. Motion: Moved: Vote: To read the Ordinance by Title Only. Friedman, Seconded by Thompson AYES: Unanimous .Mayor Kuhn read the ordinance by title. Motion: Moved: Vote: I To pass second reading of AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ESTABLISHING PLANNING PROCEDURES FOR THE TIBURON TOWN CENTER. Friedman, Seconded by Thayer AYES: Nygren, Friedman, Thayer, Thompson, Kuhn 11. ABATEMENT AND REMOVAL OF ABANDONED OR INOPERATIVE VEHICLES (Ordinance, 1st Reading) Councilmember Thayer questioned how this Ordinance would alter the existing ordinance; and the Town Attorney responded that changes in the State Vehicle Code Sections require that the Town comply in order to participate in state funding and that the changes are minor, technical and procedural modifications. Mayor Kuhn opened the public hearing; and upon receiving no public input, closed the public hearing. Motion: Moved: Vote: To read the Ordinance by Title Only. Thompson, Seconded by Friedman AYES:._ Unanimous Mayor Kuhn read the ordinance by title. I /"', TOWN COUNCIL MINUTES #965 1/20/93 7 . Motion: To pass first reading of AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING CHAPTER 23 ARTICLE II OF THE TIBURON MUNICIPAL CODE PERTAINING TO THE ABATEMENT AND REMOVAL OF ABANDONED OR INOPERATIVE VEHICLES. Friedman, Seconded by Nygren . AYES: Nygren, Friedman, Thayer, Thompson, Kuhn " Moved: Vote: I. BUSINESS ITEMS 12. MID-YEAR FINANCIAL STATEMENT AND REVIEW OF TOWN GOALS (Six Month Financial Status and Prioritizing of Town's Projects & Programs) The Finance Director reviewed the mid-year financial statement for fiscal year 1992-93. Mayor Kuhn suggested that due to the late hour that Councilmembers individually contact the Finance Director with any questions they might have. The Town Council concurred. Councilmember Nygren stated that the Town's top priority should be a new Town Center and health and safety issues; that other projects should be postponed for the time being; and efforts should be made to generate new sources of revenue. The Council indicated general agreement with these comments. I /' 13. COUNCIL, COMMISSION & BOARD MINUTES (Recording & Transcription Costs) The Town Manager noted the tremendous amount of time and expense spent on recording meeting minutes. Discussions ensued regarding the need for each Commission and Board to consider this matter; that this matter should be considered by the Citizen's Financial Review Committee; whether detailed minutes should be maintained for controversial items; whether a blanket policy for action minutes would be appropriate in every case; and whether Board and Commission members should take their own notes. Deputy Mayor Friedman reque'Sted the Committee consider whether changing the policy to action minutes only would actually result in a cost savings. 14. AWARD OF CONTRACf - JOGGING PATH REPAIR I The Superintendent of Public Works recommended the Council authorize the award of contract for repairs to the Multi-Use Path from Blackie's Pasture to San Rafael Avenue to W.K. McLellan in the amount of $16,555; stated this work will correct the drainage problems in this area; and stated this work will take three weeks and will commence during the summer. /' TOWN COUNCIL MINUTES #965 1/20/93 8 The Town Council indicated their unanimous approval to award the contract to W. K McLellan for the proposed work. ", 15. STREET SWEEPING (Review Public Works Street Sweeping Program) Mayor Kuhn stated that the Council needs to review its street sweeping policy and whether it is appropriate to place more of the street sweeping burden on individual homeowners. The Superintendent of Public Works reported that the current street sweeper averages $1500 per month in repair costs resulting in an expense of $40,000 over a three year period; stated this type of sweeper should not be used for Tiburon's terrain but only for flat areas; the sweeper he is proposing for purchase has the capacity to clean catch basins, unplug drains, vacuum leaves, spray and disinfect curbs and gutters, and sweep hills. He stated this new sweeper could be purchased on a lease option basis; and stated the Town has a buyer for the current sweeper for $40,000. . Discussion followed regarding the new sweeper's ability to clean drains and catch basins and therefore cut required man hours for this purpose. Motion: To authorize the sale of the current machine and to authorize staff to explore the lease of the new proposed sweeper. Friedman, Seconded by Thompson AYES: Unanimous Moved: Vote: f .T. COMMUNICATIONS A Deputy Mayor Friedman requested another Councilmember be selected to attend DARE graduation ceremonies. B. Councilmember Nygren requested the Town address the draft San Quentin EIR and explore its possible impact on the Town. The Council so directed Staff to review this matter and determine whether a response is necessary within the 45- day time limit. K. STAFF AND TOWN MANAGER REPORTS , 16. Marin County L6cal Transit Services Plan I The Acting Planning pirector reviewed the staff report and stated the only portion of the plan that affects Tiburon is the proposed Strawberry Transit Center which would improve access to and functioning of bus stops at the Tiburon Wye. He reviewed staffs concerns that the proposed transit improvements be compatible with future roadway improvements and recommended that the Marin County Public Works Department be requested to closely review the proposed improvements for consistency with future improvements. The Town Council agreed to direct Staff to forward these comments based on this information. r- TOWN COUNCIL MINUTES #965 1/20/93 9 Councilmember Nygren requested adequate bus pull off lanes be provided to avoid traffic back up. I,~ I, 17. Planning/Building Department Annual Report The Council requested these numbers be incorporated in the Mid-Year Financial Report to provide a comparison. 18. Tiburon Storm Damage Assessment & Status Report Re~ort received without discussion. L. CONSENT CALENDAR Motion: To approve the Consent Calendar consisting of the following item: 19. APPROVAL OF MINUTES #962, December 2, '1992; #963, January 6, 1993. 'Moved: Vote: Thompson, Seconded by Thayer Unanimous Consolidation of Fire Districts l. The Town Manager requested direction from the Town Council regarding whether,this matter should be placed on a future agenda. The Town Council agreed to direct the Town Manager to notify Mill Valley that the Town Council has indicated their approval of the concept of exploring this issue, but is not in favor of spending funds on a study because the Town does not have its own fire department. However, Mayor Kuhn noted his approval of exploring the concept and funding for a study. DRB WorkshoD Staff was directed to submit proposed dates for the DRB workshop and report back to the Town Council. M. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Kuhn adjourn~d the meeting at 11:55 p.m., sine die. ALVIN R. KUHN, MAYOR I ATIEST: ~1h f!h.k4tK ESE M. E NESSY, T N CLERK r-- TOWN COUNCIL MINUTES #965 1/20/93 10 .