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Home My WebLink AboutTC Min 1993-03-31 ~ TOWN COUNCIL MINUTES CALL TO ORDER Mayor Kuhn called the adjourned meeting of the Town Council of the Town of Tiburon to order at 7:40 p.m., Wednesday, March 31,1993, in Room 5, Del Mar School, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Nygren, Friedman, Thompson, Kuhn ABSENT: COUNCILMEMBERS: Thayer EX OFFICIO: Town Manager Kleinert, Town Attorney Ewing, Town Engineer Bala, Supt. of Public Works Iacopi, Acting Planning Director An- derson, Finance Director Stranzl, Police Chief Herley, Police Captain Lewis, Minute Clerk Kearney. ~. B. RECOGNITION OF OUTSTANDING PERFORMANCE 1. Sergeant Tom Aiello . Resolution 2. Corporal Peter Tomaszewski . Resolution Police Chief Herley commended both Officers Aiello and Tomaszewski for their efforts in the investigation and identification of "Baby Jane Doe." He read a letter from the victim's grandparents thanking the Tiburon Police Department for their endeavors. Motion: Moved: Vote: Motion: " Moved: Vote: To adopt A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON COMMENDING SERGEANT THOMAS A. AIELLO FOR HIS OUTSTANDING WORK IN IDENTIFYING A MURDER VICTIM "BABY JANE DOE." Friedman, Seconded by Nygren AYES: Unanimous ABSENT: Thayer To adopt A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON COMMENDING CORPORAL PETER J. TOMASZEWSKI FOR HIS OUTSTANDING WORK IN IDENTIFY- ING A MURDER VICTIM "BABY JANE DOE." Nygren, Seconded by Friedman AYES: Unanimous ABSENT: Thayer TOWN COUNCIL MINUTES #970 3/31/93 1 Mayor Kuhn also commended the two officers and presented them with framed Resolutions of Commendation. " RECOGNITION OF PERSONAL CONTRIBUTION AND SERVICE TO THE TOWN 3. Peder Pedersen - Cypress Garden Park. Resolution 4. Peter Brooks . Cypress Garden Park - Resolution Mayor Kuhn commended both Peder Pedersen and Peter Brooks for their efforts and contributions in the development of the Cypress Garden Park and other Town projects. Motion: Moved: Vote: Motion: [', Moved: Vote: To adopt A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON IN APPRECIATION TO PEDER PEDERSEN FOR HIS MANY CONTRIBUTIONS TO THE TOWN. Nygren, Seconded by Friedman AYES: Unanimous ABSENT: Thayer To adopt A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON IN APPRECIATION TO PETER BROOKS FOR HIS CONTRIBUTION TO THE TOWN. Nygren, Seconded by Friedman AYES: Unanimous ABSENT: Thayer C. PUBLIC OUESTIONS AND COMMENTS Don Batten, Belveron, expressed appreciation to the Police Department; and thanked the Town Council for the newsletter recently mailed out. Mayor Kuhn noted that four issues a year are planned. D. COUNCIL. COMMISSION OR COMMITTEE REPORTS S. NEW TOWN CENTER PROGRESS REPORT (Oral Report by Hal Edelstein) Project Manager Edelstein reviewed the written status report as submitted this evening and stated the project is essentially on schedule; stated the architects and the Standing Committee/Design Committee are working towards a single acceptable schematic design for presentation to the Council and the public on May Sth. Meanwhile, he stated the Planning Department is proceeding with required EIR work and requests for proposals have been issued for necessary studies; and additional meetings have been held with the Thrift Shop, Child Care Center, Reed School and T.E.A regarding land leases, Ned's Way, etc. Further, he added that a cost consultant will submit projected fees for the estimate; reviewed expenses and fees to date; and reviewed the upcoming projected schedule dates with the next meeting scheduled for April 13th for the Standing/Design Committee to finalize schematic design concepts. ~, TOWN COUNCIL MINUTES #970 3/31/93 2 " Deputy Mayor Friedman noted receipt of a letter from Gus Strotz; and Project Manager Edelstein indicated he would respond to the issues raised in the letter. 6. PROPERlY TRANSFER TAX (Oral Report .by Mayor Kuhn) Mayor Kuhn reported that a meeting has been scheduled for Monday, April 12, 1993, at the Tiburon Lodge, to discuss this issue with representatives of the MCCMC; stated the Marin Board of Realtors has been invited to attend as have representatives from Belvedere, Corte Madera, Fairfax, Larkspur, Mill Valley, Novato, Ross, San Anselmo, and Sausalito. 7. R & S CHEVRON STATION (Oral Report by Mayor Kuhn) Mayor Kuhn reported that he met with Belvedere's Mayor and Chevron Corp. representatives to discuss maintaining the operation of the R & S Station in Tiburon. He stated the issue is complex relating to the desired corporate image by Chevron Corp. and related costs to the R & S Station for maintaining such; stated that although the Town will not interfere with the contractual relationship between the two entities, the Town and Belvedere are discussing the possibility of purchasing fuel from the station for their various vehicles to enable the station to continue; and stated discussions will continue. E. UNFINISHED BUSINESS ~ 8. APPEAL OF DESIGN REVIEW BOARD DECISION (2024 Paradise Drive; Applicant: ,R. King - Adoption of Resolution and Settlement Agreement) The Town Attorney requested that this matter be continued to April 21st at the request of the applicants because their attorney needs further time to submit additional changes to the settlement agreement; and to allow additional time for review of the design plans for the proposed glass windbreak. He also noted requested amendments to the settlement agreement as submitted by Councilmembers Nygren and Friedman. Both Councilmembers Nygren and Friedman agreed that the extension should still COmmence effective March 31, and not from the date of the settlement agreement as previously proposed, since one of the reasons for this meeting was to accommodate the Kings. Discussion ensued regarding the commencement date of the extension and both Mayor Kuhn and Councilmember Thompson recommended a compromise date be selected. " The Town Attorney recommended these concerns be included in the April 21st Staff Report for a decision at that time. The Town Council directed that these comments be conveyed to the Kings. TOWN COUNCIL MINUTES #970 3/31/93 3 " Motion: Moved: Vote: To continue this matter to April 21, 1993. Friedman, Seconded by Thompson AYES: Unanimous ABSENT: Thayer F. PUBLIC HEARINGS 10. SUBDIVISION ORDINANCE REVISION (Update of Chapter 14 of Tiburon Municipal Code - Ordinance, 1st Reading) It was agreed to move this item forward on the agenda for discussion. The Acting Planning Director reviewed the staff report; stated Staff reviewed the Vesting Tentative Map submittal provisions for possible additions to the existing list and recommends no changes to the proposed list of submittal requirements for Tentative Maps. Further, regarding the concerns raised by Mr. Ken Cohen concerning the definition of "buildable acre" and the calculation of parkland in-lieu fees, Staff recommends that the parkland value should be determined by averaging the fair market value of the entire property over the total acreage of the property; and staff agrees that the 20% surcharge pn park in-lieu fees be deleted from the draft Ordinance to eliminate the potential for legal challenge. Mayor Kuhn requested this item be continued to allow more time for review and study; however, it was agreed to adopt the Resolution certifying and adopting the Negative Declaration. ~ Mayor Kuhn opened the public hearing on the draft Negative Declaration. Upon receiving no public comment, Mayor Kuhn closed the public hearing. Motion: Moved: Vote: To adopt A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON CERTIFYING A NEGATIVE DECLARATION WITH RESPECT TO AMENDMENTS TO CHAPTER 14 OF THE TIBURON MUNICIPAL CODE REGULATING SUBDIVISIONS. Friedman, Seconded by Nygren AYES: Unanimous ABSENT: Thayer Ken Cohen, attorney representing the Harroman property, expressed his appreciation to Staff for their efforts in resolving concerns; stated the proposed amendments are a fair compromise to the property owners and will save the Town future problems. Motion: Moved: Vote: " To continue first reading of the Subdivision Ordinance Revision to Wednesday, April 21, 1993. Friedman, Seconded by Thompson AYES: Unanimous ABSENT: Thayer TOWN COUNCIL MINUTES #970 3/31/93 4 will reduce the debt service by 15% to 17%; however, the total debt service will increase 10% due to the extended time period for repayment. " Ed Ness, bond counsel, requested the Council consider adoption of the proposed resolutions :approving agreement for engineering services by Irv Schwartz, legal services by Sturgis, Ness, Brunsell & Assaf, appointing Pressman Associates as bond underwriter, intention:to conduct reassessment proceedings, and approving the reassessment report and setting-hearings for May 5 and May 19, 1993. Motion: Moved: Vote: Motion: Moved: Vote: ~ Motion: Moved: Vote: Motion: Moved: Vote: Motion: Moved: Vote: " To adopt A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OFTIBURON APPROVING AGREEMENT FOR ENGINEER- ING SERVICES. Friedman, Seconded by Thompson AYES: Unanimous ABSENT: Thayer To adopt A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING AGREEMENT FOR LEGAL SERVICES. Friedman, Seconded by Thompson AYES: Unanimous ABSENT: Thayer To adopt A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPOINTING MANAGING UNDERWRITER. Friedman, Seconded by Thompson AYES: Unanimous ABSENT: Thayer To adopt A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON OF INTENTION TO CONDUCT REASSESS- MENT PROCEEDINGS. Friedman, Seconded by Thompson AYES: Unanimous ABSENT: Thayer To adopt A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON PRELIMINARILY APPROVING REASSESS- MENT REPORT AND SETTING HEARINGS THEREON. Friedman, Seconded by Thompson AYES: Unanimous ABSENT: Thayer 9. TIBURON BOULEVARD SIGNAGE (Number and Cost of Signs) The Town Manager reported that the total cost for the signs would be approximately $243.00 plus taxes, and the installation cost would be approximately $100.00. TOWN COUNCIL MINUTES #970 3/31/93 6 " 11. MILL VALLEY REFUSE 1993 COLLECTION RATES & MARIN RECYCLING RESOURCES SURCHARGE 1993 (Approve Rate Adjust- ments as Proposed by Consultants Deloitte-Touche) The Finance Director reviewed the staff report and stated the accounting firm of' Deloitte & Touche recently completed their annual analyses and review of Mill Valley Refuse Service operations and the Marin Recycling Surcharge rate and recommend a rate adjustment of 1.5% for Tiburon, resulting in a 12<:: per-can monthly increase. Councilmember Thompson discussed how the franchise agreement fee is negotiated; and , stated he would like to discuss with Mr. Biggio of Mill Valley Refuse how recycling can be made more profitable. Discussion ensued regarding how deliberations concerning a County-wide JP A will be coordinated with local decisions; the need for another agency if the refuse is currently being measured by local haulers and the County is currently exceeding its quotas; and the problems associated with the disposal of yard waste. Mr. Biggio, of Mill Valley Refuse, stated he would agree to meet with Councilmember Thompson to discuss finding a market for recyclables; stated the price for recyclables has dropped and Marin Recycling will show a loss for recycling because of the drop in value. Motion: To adopt A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AUTHORIZING AN INCREASE IN THE SURCHARGE RATE LEVIED BY MILL VALLEY REFUSE SER- VICE, INC. FOR SUBSIDIZING THE MARIN RECYCLING AND RESOURCE RECOVERY ASSOCIATION CURBSIDE RECYCLING OPERATIONS. Friedman, Seconded by Nygren AYES: Unanimous ABSENT: Thayer r Moved: Vote: Mayor Kuhn requested that the Town Council be invited to any discussions Mill Valley Refuse and Marin Recycling may have regarding the proposed JP A; Councilmember Nygren suggested a workshop session be scheduled to discuss this issue; and the Town Council agreed to direct the Town Manager to schedule the proposed workshop. G. NEW BUSINESS 12. GILMARTIN DRIVE REFUNDING DISTRICT NO. 1993-1 The Town Manager requested the Council's consideration of scheduling two public hearings to address the refinancing of outstanding bonds for the Gilmartin Drive Assessment District at a lower interest rate than the original issue. ~ Mark Pressman, bond underwriter, stated the overall objective is to provide annual relief in the property tax collection to the property owners in this district; explained the problems facing the property owners with increasing debt service; stated this proposal TOWN COUNCIL MINUTES #970 3/31/93 5 ~ In response to Deputy Mayor Friedman's request that staff determine whether any signs on Tiburon Blvd. should be removed, Mayor Kuhn stated that besides one incorrect sign at Mar West and Tiburon Blvd., all signs on Tiburon Blvd. are required by the State. Motion: Moved: Vote: To approve the expenditure for the installation of the proposed signs on . Tiburon Boulevard. Friedman, Seconded by Thompson AYES: Unanimous ABSENT: Thayer H. CONSENT CALENDAR The Town Council approved Councilmembers Thompson's and Nygren's proposed amendments to Minutes #969, 3/17/93, as indicated in the Minute Clerk's Memoran- dum of March 31, 1993. Motion: ~ Moved: Vote: To approve the Consent Calendar, as amended, consisting of the following item: 13. APPROVAL OF MINUTES #968, March 3, 1993; #969, March 17, 1993. Friedman, Seconded by Thompson AYES: Unanimous ABSENT: Thayer .I. STAFF AND TOWN MANAGER REPORTS The Mayor requested the following item be moved forward on the agenda for discussion. 16. Oral Status Reports: e. Undergrounding at Blackie's Pasture The Town Manager reported that undergrounding at Blackie's Pasture would cost approximately $300,000 and would be paid out of Rule 20A monies; stated the Town Council has indicated that B1ackie's Pasture is the first priority for undergrounding; stated the Town has approximately $150,000 for this project; noted that several neighborhoods have requested the funds be used for their neighborhoods; 'and stated the Town has more projects than funds. Jocelyn McDonnell, President of the Hawthorne Homeowners Association, stated that the health issues associated with electro-magnetic fields should take priority over Blackie's Pasture; and pointed out that consideration should be given to the fact that a disaster shelter has been designated in their neighborhood and the power to that area should be protected. " TOWN COUNCIL MINUTES #970 3/31/93 7 , Mayor Kuhn stated there is still a great deal of controversy regarding the electro- magnetic fields issue; stated more information is needed as to the gravity of this issue; and stated the priorities are being re-evaluated; stated justification will have to be made to other neighborhoods with further studies and information. The Town Manager stated the funds available could be used to assist the interested neighborhoods in forming assessment districts for undergrounding. The Council discussed and acknowledged that the burden of power lines was placed on certain neighborhoods; and that the cost responsibility will have to be shared with the neighborhoods. Ralph Hockley, Hawthorne Terrace, informed the Council that PG&E added a second line to the poles in their neighborhood without notifying the Town or the neighbors. The Town Manager stated he is in the process of assembling data and prioritizing undergrounding needs for consideration by the Council; and he was directed to forward this information to the Homeowners Associations when available. a. Donahue Building. Status of Negotiations I~ I I ! The Town Manager reviewed the status report as outlined in his memorandum of March 31, 1993; and Mayor Kuhn requested he urge the POSC and Landmarks Society to complete their lease negotiations and report back to the Council at the next regular meeting. b. Ferry Dock - Status of MTC Grant The Town Manager reviewed the status report and noted that this project rates no. 3 on the list of State projects for funding and the Metropolitan Transportation Commission will meet for final adoption in May. c. Housing Committee - Status of Report The Town Manager reported that the Housing Committee will present their report at the Town Council's regular meeting of April 21. d. So. Marin Police Dispatching The Town Manager noted that the JP A draft will be before the Council at its regular meeting of April 21. f. UnocaI Annexation ~ The Town Manager reported that the station operator is pursuing approval from the property owners for annexation to the Town. Mayor Kuhn requested staff assist in this effort and that Henry Hill be contacted to expedite this endeavor. TOWN COUNCIL MINUTES #970 3/31/93 8 I. COMMUNICATIONS " 14. Ltr. to Mayor and Council from Bob Dinsen, Mayor of Garden Grove, dt'd 3/18/93. 15. Ltr. to Mayor and Council from Mayor Blanco, City of Alhambra, dt'd 3/23/93. Both these items were considered together. , Deputy Mayor Friedman stated it would be inappropriate for the Town to write directly to the state appellate court as requested in the letter from the City of Alhambra; and recommended the Town Council agree to monitor the actions of the League of California Cities in both matters before making a decision. A. Councilmember Nygren reported that the County-wide Planning Agency approved ISTEA expenditures; and recommended the Town prepare a list of projects for possible funding next year. After discussion, it was agreed that the Town Engineer, Acting Planning Director and Councilmember Nygren work together to provide a list of appropriate capital improvement projects for application for ISTEA funding next year. r B. Councilmember Nygren reported that the County-wide Planning Agency is considering possible ways of changing the Joint Powers Agreement where the towns and cities will have an opportunity to vote on developments that come before the Agency and will have an impact on them. C. Councilmember Nygren reported that the Marin Community Foundation has requested a list of ways in which the Foundation can financially assist the various communities be provided. She stated the lists will be discussed at the Founda- tion's May 10th meeting. D. Councilmember Thompson reported that the RBRA is proceeding with efforts to remove illegal anchor-outs in Richardson Bay. E. Deputy Mayor Friedman reported that ABAG adopted a resolution requesting the State not take additional monies from the cities. F. Mayor Kuhn noted the vacancy on the DRB caused by Jud Moorhouse's moving from the area; and it was agreed that the Town Manager should provide a list of applicants for interviews prior to upcoming Town Council meetings. G. The Town Manager reported that the Citizens Finance Review Committee is ready to present their report and requests the Town Council schedule a special meeting for this purpose. It was agreed to tentatively schedule this meeting for Tuesday, April 20, 1993. " TOWN COUNCIL MINUTES #970 3/31/93 9 K. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Kuhn adjourned the meeting at 10:35 p.m., to the next regular meeting of Wednesday, April 7, 1993. 4~ /I W '1 .{:J;ve- ALVIN R. KUHN, MAYOR ATIEST: ~ THERESE M. HENNESSY, TOW TOWN COUNCIL MINUTES #970 3/31/93 10