HomeMy WebLinkAboutTC Min 1993-09-01
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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 7:40 P,M., Wednesday, September 1, 1993 in Room 5, Del Mar
School, Tiburon, California.
A. ROLL CALL
PRESENT: COUNClLMEMBERS: Thayer, Kuhn, Nygren, Thompson, Friedman
ABSENT: COUNCILMEMBERS: None
EX OFFICIO:
Town Manager. Kleinert, Town Attorney
Ewing, Town Engineer Bala, Police Captain
Lewis, Finance Director Stranzl, Planning
Director Anderson, Town Clerk Hennessy
. B. APPOINTMENTS TO COMMISSIONS. BOARDS & COMMITTEES
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The Mayor directed Staff to provide the Council with a list of persons interested in
serving and a list of current vacancies.
C. PUBLIC OUESTIONS AND COMMENTS
Mosquito Abatement District
Stewart Hopkins gave the Council information on the Mosquito Abatement District for
their consideration when making a new appointment and for their consideration in
possibly withdrawing from the District.
Karen Way Traffic
Aaron Zailian, 259 Karen Way, expressed concern regarding traffic on Karen Way;
Council directed the Traffic Safety Committee to address the issue and invite Mr.
Zailian to attend the meeting.
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DESIGNER SHOWCASE PROGRAM (Special Presentation by Volunteer Center of
Marin Representatives)
Louise Stinnette, President of The Auxiliary of the Volunteer Center of Marin, and
Donna Sebastian, General Chair of the Designer Showcase, thanked Staff for their
cooperation and flexibility in attempting to mitigate concerns of neighbors; presented
Council with a $500 check to be used at Blackie's Pasture as a token of their
appreciation for using Blackie's Pasture for shuttle service to the Designer Showcase
home on Gilmartin Drive.
D. COUNCIL. COMMISSION OR COMMITTEE ORAL REPORTS
PARKS & OPEN SPACE COMMISSION
a. Older Children's Playground Equipment (Request Approval for Fund Raiser
Project - Commissioner Zender-Wiviot)
Commissioner Zender- Wiviot reviewed playground equipment discussed by Parents
Review Committee and the fund raising project, which will consist of ceramic tiles with
names of donors painted on them; requested permission to place a solicitation letter in
next Town Newsletter.
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Council approved the project and solicitation letter, and thanked Ms. Zender- Wiviot and
the POSC for their efforts.
b. Mar West Flood Plain (Landscaping Plan)
Commissioner Hill noted the Council approved $2,000 for preliminary schematic
drawings to develop Flood Plain to integrate it with the new library and Zelinsky parking
lot, He read the POSC motion:
"POSC recommended adoption in principle of the Flood Plain portion of the Landscape
Development Plan, as developed by Bull Stockwell & Allen, dated 7/15/93, Note this
plan also includes proposed landscape development for the library and the Zelinsky
parking lot, as well as the Flood Plain. This plan is a schematic plan only, and does not
include construction details, We further recommend that no additional funds be spent
on planning at this time, and that no construction work be started until a firm
construction date is known for the library, At that time the POSC should again review
this schematic plan, and propose any changes deemed advisable at that time."
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c, Gazebo (Approve Location)
Chairman Siegel suggested Blackie's Pasture as an alternative site for the proposed
Gazebo, however, requested approval of the original site at South of the Knoll while the
alternate site was being considered.
Chairman Siegel also asked for permission to install a fresh water system for a grassy
area, which could later be used for a drinking fountain, when reclaimed water is
available; stated he has access to 800 yards of fill to be used as top soil; wonld like to
see the area between the roadway to the District and the bikepath converted into a
flower bed.
Andrew Skurman, architect, showed presentation board depicting South of the Knoll site
for gazebo; asked for conceptual approval of both sites with POSC and Mrs. Meislin
making final decision,
Mayor Friedman stated he didn't want to approve a site without a public hearing. Vice-
Mayor Nygren stated her concern was wind causing noise and the need for materials
to be weatherproofed,
Barbara Meislin noted she was delighted with original site, which was before the Council
for approval, but she was open minded to alternatives.
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Motion:
To approve original site at South of the Knoll subject to POSC
consideration of an alternate site,
Thompson, Seconded by Kuhn
AYES: Unanimous
NOES: None
Moved:
Vote:
E. CONSENT CALENDAR
MOTION: To approve the Consent Calendar consisting of the following items:
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1. APPROVAL OF MINUTES #982, July 21, 1993; #983, August 4, 1993
2. CALIFORNIA COASTWEEKS SEPTEMBER 18 TO OCTOBER 11, 1993 AND
ADOPT-A-BEACH DAY OCTOBER 2,1993 - Resolution
3. PROCLAIMING SEPTEMBER "SCHOOL'S OPEN - DRIVE CAREFULLY"
MONTH - Resolution
4. INVESTMENT SUMMARY REPORT (June and July 1993)
5, ARTICLE XIII,B: APPROPRIATION LIMIT FOR FY 1993-94 - Resolution
6. TALDAN DEVEWPMENT FEES (Request for Extension of Time)
7. DEED OF GIFT (Accepting Corrected Deed of Gift - Resolution)
8. TIBURON PENINSULA SOCCER LEAGUE USE OF McKEGNEY GREEN
(Goal Post Policy)
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Moved:
Vote:
Kuhn, Seconded by Thompson
AYES: Unanimous
NOES: None
ABSTAIN: Nygren on Taldan Development Fees
Thompson on Minutes #982, July 21, 1993
Thayer on Minutes #983, August 4, 1993
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F. PUBLIC HEARING
10. NEW TOWN CENTER DRAFT INmAL STUDY (Accept Public Testimony)
The Planning Director stated the Council should receive public testimony on Draft Initial
Study prepared by Wesco for the New Town Center (NTC); consultant will then be
directed to respond to comments received to date; the Town has received two letters and
a memorandum.
Councilmember Kuhn reported on meeting with Belvedere Lagoon Property Owners.
Town Engineer stated he sent letter to City of Belvedere engineer and has not received
any comments.
The Mayor opened the public hearing.
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Diane Henderson, contract Planner for City of Belvedere, reiterated letter of August 30,
1993, expressing concerns with increase in water siltation or pollutants in Belvedere
siltation pond or lagoon,
The Mayor closed the public hearing.
The Mayor directed Staff and consultant to respond to public comments.
12. PRECISE PLAN AMENDMENT (AP. 34-380-02 and 03; Preserve at Tiburon,
2 Turtle Rock Court; Applicants: Shaun and Janet Couglin; Enlarge Building
Envelope)
The Planning Director reviewed the Staff report; request is to expand the building
envelope for the purpose of putting up a fence; application has been approved by the
Planning Commission with extensive modifications; considerable input received from
homeowners of The Preserve and their general consensus was there is a need on this lot
because of Trestle Glen frontage; Staff recommends approval of Precise Plan
amendment,
The Mayor opened the public hearing.
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Mr. Couglin received 33 letters from neighbors stating no objections; one letter from 11
Benton Court objected.
There was a brief discussion regarding vegetation around fence by Councilmembers.
Motion:
To adopt Resolution Approving An Amendment to The Preserve Phase
II Precise Plan to Modify the Building Envelope at 2 Turtle Rock Court
Kuhn, Seconded by Thompson
AYES: Unanimous
NOES: None
Moved:
Vote:
17, Marinero Estates UJ'date (Oral Report by Planning Director)
The Planning Director stated the Planning Commission has completed the public hearing
phase; comment period is closed; EIR consultant has been directed to develop an
additional alternative and respond to comments received to-date; draft Final EIR due
in November; expect certification of EIR be December 15; expect the Planning
Commission to hear public testimony before and after they receive Final EIR; Council
will receive EIR from Planning Commission prior to their recommendation on the
project; the Town has requested the applicant to apply for a 90 day extension,
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The Town Attorney stated the one year time line to take action on the project is up
September 16; noted there are different time periods under CEQA and Streamlining
Act; Town requested a 90 day extension under CEQA to certify the EIR; if the extension
is done with the consent of the applicant, the Streamlining Act states an additional 90
days can be granted after an EIR is certified; applicant is offering one ninety-day
extension to certify the EIR and take action on the project; applicant would like to work
out a time schedule which would include hearings on the project beginning in November;
Staff supports applicants desire to work out a schedule of hearings and to the extent
possible have theEIR and the merits of the project moving along; Planning Commission
is willing to accelerate hearings; if the applicant does not grant the extension of time,
Staff will recommend Council deny the project without prejudice at the next Council
meeting,
John Collette, attorney for applicant, stated they prefer if they grant the extension there
is an understanding to work out a schedule to shorten the time frame; proposal is to
start the hearings to allow public comment while the Final EIR is being prepared;
Planning Commission would not take action on the project until the Final EIR is
available.
Council directed Staff to proceed with the applicant's extension and work out a schedule
of hearings with the applicant.
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1993-94 TIBURON MUNICIPAL BUDGET PROPOSAL (Introduction and
Overview of General Fund Revenue Projections, Restricted Funds Revenue and
Expenditure Estimates)
The Town Manager reviewed the Staff report and his budget message. Future budget
hearings are set for Monday, September 13 for Department Budgets; September 29 for
Capital Improvement Program and Final Adoption on October 6.
In response to Vice-Mayor Nygren, additional suggestions for reducing costs would be
through personnel layoffs; the Town has been reducing Staff through attrition; the Town
needs to continue to work on solutions to reduce expenditures and increase revenues.
Council commended Finance Director for the budget presentation and the Town
Manager for his overview.
11. FALSE ALARM ORDINANCE (Ordinance, 2nd Reading - Resolution)
The Town Attorney reviewed the Staff report and amendments; noted typographical
errors on page 9 Section (f) and the need to delete "not" in that paragraph.
The Mayor opened the public hearing, Frank Shaw, 570 Virginia Drive, objected to the
fees and penalties, The Mayor closed the public hearing,
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Motion:
Moved:
Vote:
To read by title only,
Thayer, Seconded by Thompson
AYES: Unanimous
NOES: None
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:
Moved:
Vote:
To adopt the aforementioned ordinance.
Nygren, Seconded by Thompson
AYES: Thayer, Thompson, Nygren, Kuhn, Friedman
NOES: None
The Mayor waived Staff report on Resolution setting fees and penalties,
Motion:
Moved:
Vote:
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To adopt Resolution Establishing Fees and Penalties for False Alarms and
Alarm Permits
Kuhn, Seconded by Thompson
AYES: Unanimous
NOES: None
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G.
NEW BUSINESS
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MT, TAMALPAlS AREA VEGETATION MANAGEMENT PLAN (Provide
Public Comment to the MMWD Board of Directors)
The Town Manager reviewed the Staff report.
Councilmember Thompson stated he went on field trip; serious problem; incredible
amount of "fuel growth" which they propose to do "control burns" of the chaparral.
Councilmember Kuhn supported use of controlled burns in a selective manner. Vice-
Mayor Nygren urged limited use when necessary; suggested use of inmate crews; use of
only one consultant paid by both MMWD and the Marin County Open Space District;
questioned how they could enforce reimbursement from property owners for fire
prevention work; suggested funding from other sources rather than $5 per water user,
or compensate users by reducing rates,
Councilmember Thompson agreed with suggestions and questioned why fire departments
could not be used for controlled burns as part of their training programs,
Council agreed not to support the Plan without holding a public hearing but would send
a letter stating concerns to MMWD.
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H.
COMMUNICATIONS
14,
Ltr, from Belvedere Mayor Johnson to Town Council dt'd, 8/4/93 (Belvedere
Picnic Annual Volley Ball Challenge)
The Town accepts the City of Belvedere's challenge,
15, Ltr. from Marin/Sonoma Mosquito Abatement District (Don Batten's
Resignation as Appointee, dt'd, 8/1/7/93)
Informational item,
16. Ltr. from North Bay Communities Supporting AB 398, dt'd, 8/11/92
The Council noted they oppose any bill that impinges on their right to make their own
land use decisions, however, would allow MCCMC to track AB 398.
I. STAFF AND TOWN MANAGER REPORTS
The Mayor noted that Donald Carner, 26 Redding Court, donated $100 to the
employees of the Town for their excellent services,
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18. FAR Exception - 75 sq.ft,
Informational item.
J. CLOSED SESSION
The Mayor adjourned the meeting to Closed Session to discuss litigation,
K. ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon,
Mayor Friedman adjourned the meeting at 11:25 P,M. to Monday, September 13, 1993
for budget considerations.
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YOR MIC L FRIEDMAN -
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ATTEST:
CLERK
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