HomeMy WebLinkAboutTC Min 1993-06-02
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TOWN COUNCIL
MINUTES
CALL TO ORDER
Vice-Mayor Nygren call~ the regular meeting of the Town Council of the Town of
Tiburon to order at 7:45 P.M., Wednesday, June 2,1993, in Room 5, Del Mar School,
Tiburon, California.
A. ROLL CALL
PRESENT: COUNCILMEMBERS:
Thayer, Thompson, Kuhn, Nygren
ABSENT: COUNCILMEMBERS:
Friedman
EX OFFICIO:
Town Manager Kleinert, Town Attorney
Ewing, Town Engineer Bala, Supt. of
Public Works Iacopi, Police Chief
Herley, Town Clerk Hennessy
B.
APPOINTMENTS TO COMMISSIONS. BOARDS & COMMITTEES
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There were none.
C.
PUBLIC OUESTIONS AND COMMENTS
The Town Manager stated two members of the Little Reed Heights Homeowners
Association were in attendance and asked Council to move their communication
up on the agenda.
D. COUNCIL. COMMISSION OR COMMITTEE REPORTS
. NEW TOWN CENTER DESIGN SCHEDULE/BALLOT MEASURE
Project Manager Edelstein stated there was a delay in preparing schematic
design; consultants state they can meet the deadline to prepare the Design
Development Phase, however, they prefer more time. Mr. Edelstein stated they
need to know whether the Town intends to place the measure on the November
2 ballot.
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Mary Von Kaesborg, member of Tiburon Ecumenical Association Board, stated
her concern about parking spaces. Mr. Edelstein stated the plan shows 25
additional parking spaces depending on funding being obtained. Ms. Von
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Kaesborg asked that additional parking spaces for Hilarita be a priority.
Councilmember Kuhn stated from the point of view of Committee and project,
they preferred to have an additional 30-45 days; would like to avoid bringing
bond issue to the ballot in November; current proposed legislation might lower
required 2/3 majority to 51%; would like Standing Committee to review Design
Development Phase.
The Town Clerk noted the County will hold only three elections per year; the
Town has three vacant council seats on the April 1994 election, so there would
be little additional costs for a bond measure; a Town run election would cost
approximately $30,000.
MOTION:
To not seek to present bond issue at the November election; take
up issue of the timing of the bond issue at a future meeting.
Kuhn, Seconded by Thayer
AYES: Unanimous
NOES: None
ABSENT: Friedman
Moved:
Vote:
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Councilmember Kuhn stated the Committee is proposing that Ned's Way become
a dedicated public street in light of the fact the Town will need a considerable
portion of Ned's Way; they budgeted $118,000 for resurfacing and other
improvements; would like Council to agree to spending $5,000 towards the project
to authorize the Town Manager to authorize the Town Engineer above his
retainer fee to do study on Ned's Way.
After a brief discussion and due to the extension of time on the project, it was
agreed to agendize this matter for the next Council meeting, however, authorize
the Town Engineer to proceed to get permit from CAL/TRANS.
In response to Sally Burns, President Hilarita Tenants Association, Council stated
the right-of-way had not been given to the Town.
. RIDGE TRAIL HIKE
Councilmember Thompson stated the ridge trail hike went well; very educational;
moving forward on plans to mark trail and erect signs.
. CONGESTION MANAGEMENT AGENCY & COUNTYWIDE
PLANNING AGENCY REPORT
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Vice-Mayor Nygren reported CAL/TRANS wants a guarantee from CMA for $4
million funding for a park and ride lot at Rowland Blvd. in Novato. Belvedere
and Mill Valley agree the Tiburon/MiIl Valley southbound 101 off-ramp should
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be a priority for a future project. After much discussion, it was approved that
CWP A will review projects that require a general plan amendment which
increases or decreases peak hour trips by 100 or more; how to apply
environmental concerns will be addressed at a future meeting. City of Novato
might not qualify for MTC funding because they have failed to submit the
Hamilton project to CMA for review.
E.
CONSENT CALENDAR
Item 2. was removed from the Consent Calendar. Vice-Mayor Nygren requested
an addition and correction to Minutes #974; Council concurred.
MOTION:
Moved:
Vote:
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To adopt the Consent Calendar as amended.
1. APPROVAL OF MINUTES #974, May 5, 1993; #975, May
11, 1993; #976, May 17, 1993; #977, May 18, 1993
3. INVESTMENT SUMMARY REPORT (April 1993)
4. ACCEPTING DEED OF GIFT FROM ZELINSKY &
ABRAMS FOR MAR WEST LIBRARY SITE - Resolution
Thompson, Seconded by Thayer
AYES: Unanimous
NOES: None
ABSTAIN: Kuhn (Minutes)
ABSENT: Friedman
2. DENY APPEAL DESIGN REVIEW BOARD DECISION (A.P. 38-431-
02; Applicant: Dan Morgan for Lawrence Daley, 335 Blackfield Drive;
Backyard Construction; Appellant: Norris - Resolution)
Dr. Norris requested "By October 1, 1993, or..." be inserted in 2.(a); asked if
Bond would be purchased for three years or annually; asked what other form of
security might be used.
The Town Attorney stated a revocable letter of credit is safer than a bond;
Council could impose a different date than "prior to issuance of occupancy
permit"; Resolution can be recorded which will state the bond or security
requirement "runs with the land..applicable to current property owner or their
successor".
MOTION:
Moved:
Vote:
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To adopt Resolution as amended by the Town Attorney.
Thayer, Seconded by Thompson
AYES: Unanimous
NOES: None
ABSENT: Friedman
ABSTAIN: Kuhn
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I.
COMMUNICATIONS
10. Reed Heights/Tiburon Knolls Ltr. to Town Council, dt'd. 5/16/93
11. Town Engineer's Ltr. to Town Manager, dt'd. 5/17/93
The Town Manager reviewed correspondence which requested traffic signals at
Stewart Drive; suggested a joint meeting with CAL/TRANS, Tiburon Blvd.
Improvement Committee and Staff.
Joan Foster, President, Reed Heights/Tiburon Knolls POA, stated most of the
problem is the south turn; didn't want to encourage Tiburon Blvd. getting bigger.
John Kerns asked the Police Department to monitor the crossing.
Council directed Staff to draft letter to CAL/TRANS for Mayor' signature.
F. UNFINISHED BUSINESS
5. ANIMAL CONTROL ORDINANCE (Amendments to Town's Animal
Control - Two Resolutions, Ordinance, 2nd Reading)
Town Attorney reviewed the Staff report; will continue to work with the Police
Department on procedures for their response to complaints; the Police
Department will not remove dogs but will call the Humane Society.
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The Vice-Mayor asked for public comment. There was none.
MOTION:
Moved:
Vote:
To read by title only.
Thayer, Thompson
AYES: Unanimous
NOES: None
ABSENT: Friedman
The Vice-Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON ADOPTING BY REFERENCE THE AMENDED
ANIMAL CONTROL REGULATIONS OF TITLE 8 OF THE MARIN
COUNTY CODE INCLUDING THOSE RElATING TO DISPOSITION OF
ANIMALS, ANIMAL NOISE ABATEMENT AND DANGEROUS ANIMALS.
MOTION:
Moved:
Vote:
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To pass first reading of the aforementioned ordinance.
Thayer, Thompson
AYES: Thayer, Thompson, Kuhn, Nygren
NOES: None
ABSENT: Friedman
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MOTION: To adopt RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON ADOPTING THE PROVISIONS OF
SECTION 597.1 OF THE PENAL CODE RELATING TO THE
CARE FOR ANIMALS AND DECLARING THAT SECTION
597(F) OF THE PENAL CODE SHALL BE OPERATIVE and
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON APPOINTING AN ADVISORY ANIMAL CONTROL
COMMISSION TO EVALUATE AND PROVIDE
RECOMMENDATIONS ON COUNTYWIDE MATTERS
INVOLVING ANIMAL CONTROL
Moved:
Vote:
Thayer, Kuhn
AYES: Thayer, Thompson, Kuhn, Nygren
NOES: None
ABSENT: Friedman
G. PUBLIC HEARING
6. POLICE DEPARTMENT FEES - Resolution
Chief Herley reviewed the Staff report; stated the fees were not revenue but set
for cost recovery; distributed a matrix of current fees charged by other cities.
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Vice-Mayor Nygren suggested raising finger printing to $10.
MOTION: To adopt RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON ADOPTING A FEE SCHEDULE FOR
REPORT COPYING AND OTHER SERVICES PROVIDED BY
THE POLICE DEPARTMENT as amended by increasing finger
printing fee to $10.
Moved: Kuhn, Seconded by Thompson
Vote: AYES: Unanimous
NOES: None
ABSENT: Friedman
H. NEW BUSINESS
7. DOOR TO DOOR SOLICITATION ORDINANCE (Amend Existing
Ordinance, 1st Reading)
The Town Attorney reviewed the Staff report which proposed four changes.
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There was a brief discussion regarding charging a permit fee; the need to get a
business license if an organization is not a non-profit; the length of the permit
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and its renewal; whether there should be a fee if it is renewable; whether the
Police Department has the administrative personnel to administer the program.
The Vice-Mayor asked for public comment.
Former Councilmember Frank Shaw, Virginia Drive, asked Council to take non-
profits such as Boy Scouts and Girl Scouts into consideration when setting fees.
Item continued to later in the meeting while Town Attorney rewrote some
language in the ordinance.
8. FALSE ALARM ORDINANCE (Council Consideration of Possible
Amendments)
Chief Herley reviewed Staff report; Council needs to consider administrative
costs; Tiburon has approximately 100 false alarms per month usually responded
to by two officers. The Chief mentioned Mayor Friedman wanted alarms to go
directly to the Police Department, however, Mill Valley, who handles dispatching
has an ordinance prohibiting alarms from going directly to the Police
Department.
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David Stollmeyer, 23 Paseo Mirasol, President Alert Alarm Company, stated
there are two issues; (1) the false alarm problem and (2) revenue. He stated a
very small number of people create the vast majority of problems; raising revenue
causes administrative problems; believe two officers response was not necessary;
thought fees were appropriate; had model ordinance; biggest hammer is non-
response rather than fines.
Vice-Mayor Nygren suggested a sub-committee or Council's review of other
ordinances; reviewed sections of Hayward's ordinance.
Council agreed that the Public Service Committee meet with the Police Chief and
David Stollmeyer and report back to Council at the next meeting.
7. DOOR TO DOOR SOLICITATION ORDINANCE (CONTINUED)
The Town Attorney reviewed the changes:
1. Section 25-4 (b): Applications for the permit required by subsection (a)
shall be filed with the Chief of Police along with a processing fee established
by resolution of the Town Council.
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2.
Add: Section 25-4 (2)( d) Add: A pennit may be renewed for additional one
month periods up to a total of one year. Requests for renewal shall be
submitted to the Chief of Police and shall identify any changes to the
infonnation provided in the initial application. Procedures for renewal shall
be the same as those for initial applications. A processing fee for renewals
shall be established by resolution of the Town Council.
3. Section 25-4 (g): Correct time is: 9:00 P.M. to 8:00 A.M.
MOTION:
Moved:
Vote:
To read by title only.
Thayer, Thompson
AYES: Unanimous
NOES: None
ABSENT: Friedman
Vice-Mayor Nygren read AN ORDINANCE OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON AMENDING SECTION 25-4 OF THE TIBURON
MUNICIPAL CODE REGULATING DOOR TO DOOR SOLICITORS.
MOTION:
Moved:
Vote:
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To pass first reading of the aforementioned ordinance.
Thompson, Kuhn
AYES: Thayer, Thompson, Kuhn, Nygren
NOES: None
ABSENT: Friedman
I. COMMUNICATIONS
9. Hillhaven Property Owners Association Minutes, dt'd. 5/16/93
This is for information only.
J. STAFF AND TOWN MANAGER REPORTS
12. ISTEA Project - Bike Parking Addition by Ferry Facilities at Shoreline
Park (Town Manager)
The Town Manager brought to Council's attention this project will remove a large
section of the knoll area of the Shoreline Park. The Town Engineer stated bike
traffic is growing and the additional bicycle parking will be needed. Council
agreed to monitor the area to determine bicycle traffic before proceeding.
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K.
CLOSED SESSION
There being no further business before the Town Council, Vice-Mayor Nygren
adjourned the meeting to Closed Session at 11:00 P.M.
L ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Vice-
Nygren adjourned the meeting at 11:45 P.M., sine die.
~R~GREN
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ATTEST:
Wu<" 7t.~~
THERESE M. HE ESSY, TO CLERK
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