HomeMy WebLinkAboutTC Min 1993-08-04
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TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Friedman called the regular meeting of the Town Council of the Town of
Tiburon to order at 7:35 P,M" Wednesday, August 4, 1993, in Room 5, Del Mar School,
Tiburon, California,
A ROLL CALL
PRESENT: COUNCILMEMBERS:
Kuhn, Nygren, Thompson, Friedman
ABSENT: COUNCILMEMBERS:
Thayer
EX OFFICIO:
Town Manager Kleinert, Town Attorney
Ewing, Town Engineer' Bala, Police Chief
Herley, Supt. of Public Works Iacopi, Finance
Director Stranzl, Planning Director Anderson,
Town Clerk Hennessy
B. PUBLIC OUESTIONS AND COMMENTS
Margo Zender- Wiviott, 652 Hilary Drive, Chairman of Parents Review Committee for
Playground Equipment, asked Council for conceptual approval of a fund raising project
to raise $30,000 for playground equipment and maintenance for children over the age
of five years. Council referred the request to the Parks & Open Space Commission for
recommendations to the Council at their next meeting.
C. COUNCIL. COMMISSION OR COMMITTEE ORAL REPORTS
Last Chance to Save Old St. Hilary's Open Space Committee
Jerry Riessen, 616 Ridge Road, Co-Chair, thanked Council for their support of the bond
measure which passed by 85% majority; Marin County Open Space District is the lead
agency in negotiations; they are starting prioritization process to determine the number
of lots and acquisition; working with other agencies such as Trust for Public Lands to
leverage funds; bond measure language is the guiding focus for acquisition, i,e" parcels
contiguous with open space; ridge lands and lands around Old St. Hilary's Church;
Councils of Belvedere and Tiburon will have veto power.
Mayor Friedman thanked the Committee and offered the Town's assistance,
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Blackie's Pasture
Larry Smith, 943 Owlswood Lane, private citizen offered to lead a group of volunteers,
"Blackie's Brigade" to make Blackie's Pasture look like a beautiful pasture; will not stand
in the way or obviate the Town's ability to execute the Development Plan which has
been adopted; there will be a Steering Committee with representatives from the
Planning Commission and POSC that will guide the volunteers; break the pasture into
measurably small projects; asked Council to support this propOSl\1.
VicecMayor Nygren expressed concerns that the Committee not usurp the authority of
the POSC. The other Councilmembers gave unanimous support. Mr. Smith stated he will
present proposed scheme to the POSC and Council before proceeding with
implementation.
Economic Revitalization Committee
Mayor Friedman reported that various business owners met with representatives from
Belvedere and Tiburon and they wish to continue long range planning for the business
community. Councilmember Kuhn suggested review of the Downtown Plan, Mayor
Friedman stated the consensus of the Retreat discussion was not to review the
Downtown Plan until an application was received from a property owner. Council
appointed Councilmember Kuhn; Committee to develop scope of work; Town Manager
to suggest community members to serve on the Committee,
D. CONSENT CALENDAR
MOTION: To adopt the Consent Calendar consisting of the following items:
1. GRANT APPEAL OF DESIGN REVIEW BOARD DECISION (AP. 38-431-02;
Applicant: Dan Morgan for Lawrence Daley, 335 Blackfield Drive; Approval of
Three Decks; Appellant: Norris - Resolution)
2. AMEND RESOLUTION NO, 2928 DENYING APPEAL OF DESIGN
REVIEW BOARD DECISION (AP,38-431-02; Applicant: Dan Morgan for
Lawrence Daley, 335 Blackfield Drive; Rear Yard Grading - Resolution)
Moved:
Vote:
Kuhn, Seconded by Nygren
AYES: Unanimous
NOES: None
ABSENT: Thayer
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E.
UNFINISHED BUSINESS
3.
NEW TOWN CENTER (Appoint Financial Advisor & Financing Committee),
The Mayor acknowledge receipt of a letter from Nicky Wolf.
Councilmember Kuhn reviewed the Staff report; architectural project moving very well;
need to get Finance Committee started; reviewed composition of. proposed Committee
that will consider various financing options and make recommendations to the Council;
sugge~ted Mark Pressman be appointed Financial Advisor without a fee; suggested it
might be necessary to hire a consultant as Marketing Project Manager; consideration of
Mello-Roos District which will require 2/3 voter approval; a Special Tax Assessment will
require an annual debt service' of $225,000 to $235,000; stated a Special Election will
have the ability to focus on this issue and greater opportunity to disseminate
information; there would be no other campaign issues to absorb other people's attention;
suggested February 8, 1994 be considered; estimated $20,000 expense. Councilrp.erp.ber
Kuhn stated if it is not a Special Election the issue will become politicized for the April
election; asked Council to approve appointment of Financial Advisor and appoint
Finance Committee,
Mayor Friedman stated he had a real problem making decision when the election should
be held; asked that the Finance Committee make a recommendation.
In response to Vice-Mayor Nygren, the Town Attorney stated he is compiling a
memorandum regarding use of Town funds; hiring a Marketing consultant might be a
problem; the general rule is the Town cannot spend money for advocacy of positions;
if a private citizens group paid the consultant, it would not be a problem, He also stated
he is getting information from the League of California Cities regarding the
Councilmembers servicing on such a Committee,
In response to Vice-Mayor Nygren, the Finance Committee will consider granting
exemptions to senior citizens,
The Mayor and Council concurred and appointed Mark Pressman as the New Town Hall
Financial Advisor, without compensation, and appointed the following persons to a New
Town Hall Finance Committee: Mayor Friedman, Councilmember Kuhn, Town
Treasurer Matthews, Financial Advisor Pressman, Town Manager Kleinert, Finance
Director Stranzl and one Citizens' representative.
Councilmember Kuhn noted that Nicky Wolf has been suggested as a possible Citizens'
Representative,
Joan Foster, 11 Sierra Court, supported a New Town Hall but urged Council to give
some thought to Nicky Wolfs letter regarding the extra cost of a Special Election; asked
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Council to have faith in the electorate; people recognize Town Hall is a disgrace; stated
if the issue is placed on the ballot and the Town shows it is not wasteful with a Special
Election, people will support it.
Joy Easom, 1828 Lagoon View Drive, opposed to holding a Special Election; supported
a new Town Hall; opposed to spending extra money for a Special Election.
Betty Williams, 105 Rock Hill Drive, worked to rescind Utility Tax; will work hard to
support a new Town Hall; opposed a Special Election.
In response to Nat Marans, the Finance Director explained the proforma he had created
for Council's consideration.
Vice-Mayor Nygren stated she was listening very carefully to the "silent" people and
thought Council should weigh very carefully when they piace the parcel tax on the ballot.
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4. COUNTYWIDE PLANNING AGENCY (Adoption of Revisions to Countywide
Planning Agency JPA)
Vice-Mayor Nygren briefly reviewed revisions.
Motion:
Moved:
Vote:
To adopt revisions to Countywide Planning Agency JP A
Kuhn, Seconded by Thompson
AYES: Unanimous
NOES: None
ABSENT: Thayer
F. PUBLIC HEARING
5. FALSE ALARM ORDINANCE (Ordinance, 1st Reading)
The Town Attorney reviewed the Staff Report and the changes in the draft ordinance
that were proposed at the last meeting; questions that still remain were placing a cap on
multiple false alarms in one day; should a residence be charged multiple response fees;
also, the requirement for existing users to get a permit and bring their equipment up to
modern standards; Committee recommended three month grace period; recommended
extending that date to January 1.
Council concurred that the Police Department will have the discretion to go to "non-
response" for runaway alarms, Police Chief distributed additional information on
repeated false alarms.
The Mayor opened the public hearing.
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David Stollmeyer, 2322 Mar West, and Alert Alarm Systems President, requested free
alarms be increased from 2 to 3 or 4.
Peter Cook, Sonoma Alarm, asked for 4 free false alarms; also discussed problem of
runaway alarms.
Richard Ryder, Redwood Security System, suggested reducing reporting time period to
six months or increase number of free false alarms,
The Mayor closed the public hearing,
The Council discussed provisions of the proposed ordinance and modified it as follows:
Section 29-10 include language stating penalty per 24 hour day.
Change date .0 January 1,1994 for modernization of equipment.
Regarding runaway alarms, establish a cap of $250 per day: only one penalty per
day.
Motion:
Moved:
Vote:
To approve reading by title only.
Nygren, Seconded by Thompson
AYES: Unanimous
NOES: None
ABSENT: Thayer
The Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON REPEALING CHAPTER 29 OF THE TIBURON MUNICIPAL CODE
REGARDING ALARM SYSTEMS AND ENACTING A NEW CHAPTER 29.
Motion:
To pass first reading of the aforementioned ordinance as amended this
date and as suggested on last page of the Staff report.
Nygren, Seconded by Kuhn
AYES: Thompson, Nygren, Kuhn, Friedman
NOES: None
ABSENT: Thayer
Moved:
Vote:
The Council and public representatives from the alarm companies discussed the
proposed fee schedule included in the Resolution to be adopted at the next meeting,
At the conclusion of the comments, suggestions and compromises, the proposed fee
schedule was changed to reflect: (1) Penalty for Second False Alarm without valid
permit $50, (2) Fee for Third False Alarm with permit $25. (3) Fee for Fourth False
Alarm with permit $50, no penalty. (4) Fee for Fifth False Alarm with permit $50,
penalty $50 for a total of $100, Fee for Sixth and subsequent false alarms $50, penalty
$200 for a total of $250.
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Deirdre McCrohan, The Ark, suggested on behalf of a senior citizen that if one has no
false alarms, the permit fees be rolled over for next renewal. Council declined since
renewal had been changed to every two years.
Staff was directed to amend the Resolution and return to the next meeting,
6. AMENDMENT TO COMMUNITY DEVELOPMENT FEE SCHEDULE
(Planning Fees Only - Resolution)
The Mayor waived reading the Staff report, The Mayor opened the public hearing.
There being no comment, the Mayor closed the public hearing,
Motion:
To adopt Resolution Revising Resolution Nos. 2764, 2821 and 2900
Concerning the Planning Fees Portion of the Fee Schedule for,
Applications, Permits and Services Under the Jurisdiction of the Planning
& Building Department
Kuhn, Seconded by Thompson
AYES: Unanimous
NOES: None
ABSENT: Thayer
Moved:
Vote:
7.
CIRCULATION ELEMENT AMENDMENTS
(Authorization to Proceed with CEQA Process)
GENERAL PLAN
The Mayor waived reading the Staff report, The Mayor opened the public hearing,
There being no comment, the Mayor closed the public hearing.
The Council concurred with Staffs recommendation and authorized an expenditure of
$6,000 toward CEQA consultant services for the Circulation Element amendments.
8. HOUSING ELEMENT AMENDMENTS - GENERAL PLAN (Authorization
to Proceed with Preparation of Housing Element Amendments)
The Mayor waived reading the Staff report. The Mayor opened the public hearing,
There being no comment, the Mayor closed the public hearing.
The Council concurred with Staffs recommendation and authorized an expenditure of
$3,000 for the Housing Element amendments.
G. COMMUNICATIONS
9. Ltr, from LCC to Town Council dt'd. 7/13/93 (Designate Voting Delegate and
Alternate for League Annual Conference)
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Mayor Friedman will be Voting Delegate and Councilmember Kuhn will be Alternate.
Councilmember Thompson suggested inviting League members to attend dinner iJ;l
Tiburon. Council directed Staff and Councilmember Thompson to work with the
Chamber of Commerce and contact the League offices in Sacramento for future events,.
H. STAFF AND TOWN MANAGER ORAL REPORTS
B'lsiness Licenses
Mayor Friedman stated he received a letter from Mary Bowles proposing she collect
business licenses for the Town and share 50% of the fees. Council directed Staff to
prepare a proposal to hire someone part-time for a Business License Enforcement
Program. Mayor to write Ms. Bowles declining her offer.
Elephant Rock
Town Manager has asked Jesper Strangaard to prepare a status report and a short range
and long range program for preservation of Elephant Rock.
Tiburon Triathalon
The Town Manager stated the Tiburon Fire Protection District Volunteers were'
sponsoring a Triathalon on Sunday, August 8.
Changes in Council Meeting Dates
Due to lack of a quorum on August 18, 1993 due to vacation schedules, the Town
Council set Tuesday, August 24, as an adjourned Council meeting, In November, due to
Thanksgiving holiday and the MCCMC schedule, the Town Council set Tuesday,
November 16 as the second meeting in November, canceling November 17.
Third Council of Homeowner Associations
The Council set Saturday, November 6, 10:00 AM" Tiburon Lodge for the 3rd Council
of Homeowner Associations, A notice is to be placed in the next Town Newsletter,
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I. ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon,
Mayor Friedman adjourned the meeting at 11:30 P.M. to 7:30 P.M., Tuesday, August 24, '
1993 due to lack of a quorum on August 18, 1993,
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MAYOR MICHAEL FRIEDMAN
ATTEST:
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ERESE M. NESSY, TO 'CLERK
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