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HomeMy WebLinkAboutTC Min 1993-06-19 f CALL TO ORDER TOWN COUNCIL MINUTES Vice-Mayor Nygren called the regular meeting of the Town Council of the Town of Tiburon to order at 7:45 P.M., Wednesday, June 19, 1993, in Room 5, Del Mar School, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Thayer, Thompson, Kuhn, Nygren ABSENT: COUNCILMEMBERS: Frilfdman B. , . EX OFFICIO: Town Manager Kleinert, Town Attorney Ewing, Town Engineer Bala, Folice Chief Herley, Finance Director,Stranzl, Town Clerk Hennessy RECOGNITION OF SERVICE TO THE TOWN Vice-Mayor Nygren and Chief of Police Herley presented Resolutions of Appreciation to Tiburon employees Police Secretary Cindy Rodriguez, Dispatcher Lylene Phillips and Dispatcher Sue Donahue and expressed the Town's appreciation for their services. ~ MOTION: Moved: Vote: MOTION: Moved: Vote: MOTION: ~ Moved: Vote: To adopt Resolution Expressing Appreciation to Cindy Rodriguez for 20 Years of Service Thayer, Seconded by Kuhn AYES: Unanimous NOES: None ABSENT: Friedman To adopt Resolution Expressing Appreciation to Lylene Phillips for 15 Years of Service and now Serving So. Marin Consolidated Dispatch Kuhn, Seconded by Thayer AYES: Unanimous NOES: None ABSENT: Friedman To adopt Resolution Expressing Appreciation to Susan Donahue for 2 Years of Service and now Serving So. Marin Consolidated Dispatch Thompson, Seconded by Thayer AYES: Unanimous NOES: None ABSENT: Friedman 6/16/93 TOWN COUNCIL MINUTES #980 1 C. PUBLIC OUESTIONS AND COMMENTS ", Don Batten, Belveron Homeowners Association, commended the Town Engineer and Public Works Department for the repair at Trestle Glen. D. COUNCIL. COMMISSION OR COMMITTEE REPORTS . COMMISSION ON AGING Bryan Chapman gave the Council an annual up-date and urged them to continue their support of senior citizen housing at the Highlands site, and he will continue to work with the Housing Committee on this project. E. CONSENT CALENDAR Minutes of June 2, 1993, page 6, change Mayor to' Councilmember. , MOTION:, To approve the amended Consent Calendar consisting ,of the following items: t' 1. APPROVAL OF MINUTES #978, May 19, 1993; #979, June 2, 1993 2. IRRIGATION WELL PERMIT (A P. #38-182-42; ,Applicant: Miranda Leonard, 375 Taylor Road) 3. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENT (Three Year Agreement with County of Marin to Provide Grants from the U. S. Department of Housing and Urban Development (HUD) to Local Government - Resolution) Moved: Vote: Kuhn, Seconded by Thompson AYES: Unanimous NOES: None ABSENT: Friedman F. PUBLIC HEARING 4. GILMARTIN DRIVE REFUNDING ASSESSMENT DISTRICT NO. 1993-1 (Refinancing of Assessment District Bonds) The Finance Director reviewed the Staff report; stated Steven Messina, 9 Via Paraiso East, notified him he opposed the reassessment; Mr. Polito, 180 Gilmartin, expressed concerns and another resident expressed concerns. In response to Councilmember Kuhn, Mr. Stranzl stated by adding three years to the term of the bond, the Town will reduce the tax burden for the first 11 years, however, the final three years represent a burden that wasn't there before; when you run a current value analysis on the cash flow, it equals 1/2 year addition of debt service. " The Vice-Mayor opened the public hearing. TOWN COUNCIL MINUTES #980 6/16/93 2 " Mark Pressman, Bond Underwriter, stated financing costs involved increase to the amount of the loan which off-sets some of the interest savings; there had been feedback from residents that the assessment payments were burdensome; they did an analysis for refinancing for 14, 20 or 25 year terms, and by extending the terms out longer, payments would decrease significantly but it would double the term of the loan so that the total payments would amount to 2 1/2 times the total amount of dollars. Mr. Yung Jai Sohn, 12 Via Paraiso West, strongly opposed the reassessment which would increase the assessment by $11,543 and the total payment by $18,410. Ed Ness, Sturgis, Ness, Brunsell & Assaf; explained the legalities of the proceedings. Vice-Mayor Nygren closed the public hearing and noted there will be an additional public hearing on July 7 for residents to register their protest. 11. Marin Designer's Showcase - Special Event Permit (Informational Only) ~ The Town Manager stated this was informational only; a special event permit hail been granted for the Designer Showcase to use the house at 190 Gilmartin Drive; the Town has cooperated with them in the past; they contacted the Fire and Police Departments and the neighbors; received a call and held a couple of meetings with the immediate neighbor to the proposed showcase, and then another neighbor who have raised some strong concerns such as privacy, traffic control, parking, health and safety issues, clean-up and maintenances of appearance of the area; have tried to develop a mitigation plan; think neighbors would like the showcase to go away, but were willing to look at a plan by the Volunteer Center representatives that will address their concerns. The Town Manager noted that the Town has never required a Use Permit, however, the Council might want to discuss this issue at the upcoming workshop. Steve Polito, 180 Gilmartin Drive, orny heard a couple of weeks ago from the owner of 190 Gilmartin that the Showcase was planned; expressed concern about the process; invited Council to his home to judge the impact; main entrance to Designer Showcase house is less than 20' from their bedroom; intense construction and open house parties will present a substantial burden on his family; stated family is facing health concerns of a significant nature and have potential surgery scheduled during the time of the Showcase; have canvassed some neighbors and none are in support of this project; house is one mile from Tiburon Blvd. on a very narrow road; if is it truly impossible to turn this around, a plan should be put into effect to address privacy, health and safety issues; asked Council to place a requirement that they stop what they are doing until a plan is approved. " It was noted David Moyne, One Gilmartin Court, had also written a letter opposing the Designers Showcase at this location. TOWN COUNCIL MINUTES #980 6/16/93 3 ~, Louise Stinnette, President of Marin Designers Showcase, and Donna Sebastian, House Chairman, reviewed their procedure of contacting local officials; neighbors are notified in August; at the Town Manager's request they immediately contacted the neighbors; reviewed schedule of events; shuttle from Blackie's Pasture; will consider Security Guard to prevent traffic from coming up Gilmartin Drive; received list of conditions today; will have to discuss it with Board to see if they can comply with it or not; it is an absolute impossibility to find another house at this time; designers have.been chosen; contractors have been chosen; there will be no outside construction; they have some additional ideas that might help; they will work with the Town and neighbors to avoid problems , Donna Sebastian stated staffers will be shuttled; only limited cars necessary such as caterers will park at the house. Ms. Stinnette stated it might take them 10 days to meet with Board members to address the mitigation plan. ' , Mr. Polito pointed out the Special Event Permit and the Designer Showcase are', inconsistent regarding dates and times; stated application should be amended and resubmitted; hours of operation should be, clearly stated. ' Council agreed to agendize the Special Event Permit on the workshop -agenda. _ H. NEW BUSINESS 8. DESIGN REVIEW BOARD & BOARD OF ADJUSTMENTS AND REVIEW (Proposed Consolidation of Boards and Restructuring of the Design Review Processing Procedures) ~ The Planning Director reviewed the Staff report which recommended consolidation into one five member Design Review Board and a two member subcommittee composed of one Planning Staff member and one Design Review Board member, on a rotating basis; the Council Public Services Committee recommended a three member subcommittee; also, recommended increasing role of Planning Commission. There was a brief discussion regarding composition and duties of the committee; any controversial items will automatically go to the Board. Diana Bennett (BAR) and Jim Lavelle (DRB) supported consolidation; asked for continuity of Board member serving on Committee; suggested a workshop of the newly constituted Board prior to their first meeting. Miles Berger sent letter supporting consolidation; Jeffrey Slavitz agreed with Staffs recommendation of 400 sq.ft. being reviewed by subcommittee but supported three member subcommittee. ~ MOTION: To combine the Design Review Board and Board of Adjustments and Review into one Board. TOWN COUNCIL MINUTES #980 6/16/93 4 Moved: Vote: . MOTION: Moved: Vote: MOTION: Moved: Thompson, Seconded by Kuhn A YES: Unanimous NOES: None ABSENT: Friedman The new combined Board should consist of five members and be called the Design Review Board. Thayer, Seconded by Kuhn AYES: Unanimous NOES: None ABSENT: Friedman To adopt Staffs recommendation on the criteria of the Board. Thompson, S~conded by Kuhn, ' Discussion ensued regarding number of subcommittee members and the previollS motion was tabled. The Town Attorney stated there is enough discretion in the Zoning Ordinance to allow the Planning Director to delegate responsibilities. There was discussion regarding reducing costs; finding slots for previous Board members, and not using Adjustments Committee name, but just a subcommittee of the Design Review Board. MOTION: To accept Staffs recommendation regarding composition of the subcommittee and criteria. Moved: Thompson, Seconded by Kuhn ~ Councilmember Thayer requested the motion be amended to reflect the two member subcommittee would be for six months and then reevaluated. Councilmembers Thompson and Kuhn agreed to amended motion. AMENDED MOTION: To accept Staffs recommendation regarding composition of the subcommittee and criteria for a six month trial basis. Unanimous None Friedman Vote: AYES: NOES: ABSENT: MOTION: To appoint Diana Bennett, Miles Berger, Jim Lavelle, Mohamad Sadrieh and Jeffrey Slavitz to the consolidated Design Review Board. Vote: AYES: Unanimous NOES: None ABSENT: Friedman ~ TOWN COUNCIL MINUTES #980 6/16/93 5 G. UNFINISHED BUSINESS 5. NEW TOWN CENTER - NED'S WAY PRELIMINARY DESIGN (Appropriation of Engineering Fees) " Councilmember Kuhn, Chairman of the New Town Center Committee, reviewed the background of the request for engineering fees for Ned's Way survey; need to assure Tiburon Ecumenical Association their request for additional parking will be honored; there are technical issues that can only be fully completed and defined with precise engineering. MOTION: Moved: Vote: To approve appropriation of $5,000 for Engineering Fees for preliminary design of Ned's Way Thompson, Seconded by Kuhn AYES: Unanimous NOES: None ABSENT: Friedman , , 6. FALSE ALARM ORDINANCE (Ordinance, 1st Reading) Vice-Mayor Nygren noted a matrix of other cities ordinance provisions had been delivered to the Town Council prior to the meeting. Chief Herley reviewed the Staff report; noted a recent court ruling stated the police department cannot refuse to respond to a location solely because there is no permit on file. ~ The Town Attorney noted it was the consensus of the subcommittee which had met the previous week to respond to all alarms. After consideration, the Council directed Staff to prepare an ordinance to be considered in July. 7. DOOR TO DOOR SOLICITATION ORDINANCE (Amend Existing Ordinance, 2nd Reading) The Town Attorney reviewed the Staff report; noted prior to first reading there was a change in the length of time of the permit; this change is reflected in the current draft ordinance. Discussion ensued regarding initial fee which would reflect actual cost recovery; the fee Resolution to return to Council at the next meeting. MOTION: Moved: Vote: '"' To read by title only. Thompson, Seconded by Kuhn AYES: Unanimous NOES: None ABSENT: Friedman TOWN COUNCIL MINUTES #980 6/16/93 6 The Vice-Mayor 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: To adopt the aforementioned ordinance. Kuhn, Seconded by Thayer AYES: Thayer, Thompson, Kuhn, Nygren NOES: None ABSENT: Friedman H. NEW BUSINESS (continued) 9. LABOR RELATIONS REPRESENTATIvE (Authorize Execution of Agreement with IEDA) The Town Manager reviewed the Staff report which recommended the Council retain Industrial Employees and Distributors Association (IEDA) as the Town's labor relations representative. MOTION: Moved: Vote: t' I. COMMUNICATIONS To retain IEDA at a monthly retainer of $400, effective immediately, and authorize the Town Manager to execute Agreement. Kuhn, Seconded by Thayer AYES: Unanimous NOES: None ABSENT: Friedman 10. League of California Cities Videos (Three (3) Videos Available Pertaining to Municipal Services and Funding; The State Fiscal Crisis, and Alternatives to State Property Tax Shift) It was agreed to schedule Alternatives to State Property Tax Shift for the next Town Council meeting. J. STAFF AND TOWN MANAGER REPORTS 12. ISTEA Prqject (Ferry/Shoreline Park Bicycle Parking) Council discussed proposed project and its impact on the knoll; the need for future bicycle racks; possible relocation. The Town Engineer was directed to find out if the racks could be moved, and the possibility of doubled sided racks to save space. The Town Engineer was directed not to go ahead at this time if the location could not be changed. " TOWN COUNCIL MINUTES #980 6/16/93 7 13. Town Council/Staff Retreat (Town Manager Oral Report) Due to conflict of business, the Town Council will try to reschedule the July 9 retreat date to later in the month. ~.. Fire Districts Consolidation Study Councilmember Thayer stated the Steering Committee established a meeting schedule; interviewing personnel; three general meetings of- all communities involved is scheduled; hope to finish by September. K CLOSED SESSION There being no further business before the Town Council, Vice-Mayor Nygren adjourned the meeting to Closed Session at 11:00P.M. . L ADJOURNMENT There being no further business before the Town Council of the Town of Tibur6ri, Vice- Nygren adjourned the meeting at 11:45 P.M., sine die. ~ ~ VICE-MAYOR NYGREN CLERK ~ TOWN COUNCIL MINUTES #980 6/16/93 8