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HomeMy WebLinkAboutTC min 1993-10-20 ( TOWN COUNCIL MINUTES CALL TO ORDER Mayor Friedman called the regular meeting of the Town Council of the Town of Tiburon to order at 7:38 P,M., Wednesday, October 20, 1993 in Room 5, Del Mar School, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Thayer, Kuhn, Nygren, Thompson, Friedman ABSENT: COUNCILMEMBERS: None EX OFFICIO: Town Manager Kleinert, Town Attorney Ewing, Town Engineer BaJa, Police Chief Herley, Planning Director Anderson, Town Clerk Hennessy l~ B. APPOINTMENTS TO COMMISSIONS BOARDS. COMMITTEES The Mayor appointed Fran Mayberry to the Housing Committee. C. PUBLIC OUESTIONS AND COMMENTS Stewart Hopkins noted the Council tapes are not very clear and members must speak into their microphones, D. COUNCIL. COMMISSION AND SPECIAL REPORTS . COUNTYWIDE PLANNING AGENCY REPORT (Vice-Mayor Nygren) Vice-Mayor Nygren reported the Agency had reviewed the Bel Marin Keys project; consensus was it was too large; too much traffic and would have a significant effect on the wetlands. . MARIN/SONOMA MOSQUITO ABATEMENT DISTRICT lr Manager Charles Dill stated since 1987 there has been an encephalitis virus in the District, along with Lyme disease; 17 employees cover 1,000 square miles; they would need to reprogram their reports to break down information into city boundaries; would like to see General Plans have a Public Health Elements, TOWN COUNCIL MINUTES #989 10/20/93 1 r . LEAGUE OF CALIFORNIA CITIES MEETING Councilmember Kuhn reported the meeting didn't offer any financial solutions to the problems cities face; encouraged Tiburon to continue to do what they have been doing in terms of finding solutions to reducing costs and increasing revenues, E. CONSENT CALENDAR Item 2 was removed from the Consent Calendar for discussion later in the meeting, MOTION: To approve the Consent Calendar consisting of the following items: 1. APPROVAL OF MINUTES #987, September 29, 1993; #988, October 6, 1993 Moved: Vote: Nygren, Seconded by Thompson AYES: Unanimous NOES: None F. PUBLIC HEARING 3. NEW TOWN CENTER (Chairman Kuhn) [ a. Analysis of Town Parcels and Revenue Projections The Town Manager reviewed the Staff report outlining number of single family, multiple dwelling units, commercial property, exemptions for low income families and PGE life line exemption. There was no public comment. b. Reallocation of Reserve Funds The Town Manager reviewed the Staff report which outlined transferring $700,000 from reserve funds into the New Town Center construction fund; stated Capital Equipment Replacement and Employees Compensated Leave Funds can be calculated more closely for possible additional available funds, Vice-Mayor Nygren requested detailed information on the final adopted budget, Councilmember Kuhn stated they are recommending a minimum of $700,000 be transferred from the Reserve Funds and will try to stretch it to $800,000, There was no public comment. \{r TOWN COUNCIL MINUTES #989 10/20/93 2 ,~ c. Status of Highlands' Site Sale The Town Manager stated this three acre parcel was dedicated to the Town to be used for four market rate single family homes or low/moderate or senior housing; Housing Committee recommended to the Council that the property should be utilized for senior low/moderate housing and recommended the Redevelopment Agency acquire the property using the low/moderate restricted funds; these funds could then be earmarked for New Town Center uses; Staff has contracted to acquire a soils report and appraisal; these will be brought to the Council November 3. Councilmember Thayer requested the appraisal be considered by the Housing Committee prior to consideration by Council and Redevelopment Agency, The Mayor agreed stated the use and how much the Agency wants to pay for the land. Staff was directed to set up a meeting of the Housing Committee. d. Timing of Election and Review of Alternatives Hal Edelstein, Project Manager, reviewed timing of election and construction cost alternatives: t 1. Special Election February 1994; bid in June for construction start in August 1994. Councilmember Kuhn noted the Council would not have to approve any expenditures in advance of the bond issue; significant increased cost of Special Election, la. Special Election February 1994, but architect authorized to start construction drawings prior to the election; concentration of drawings could be on grading and earthwork; this approach is favored by the architect and cost consultant; estimate is, $25,000 for one-fourth of the construction drawings. 2. April 12 Election; drawings authorized immediately after that election so that bids in August but construction not until April 1995; it is estimated the 8 months of inflation would amount to approximately $112,000 less the cost of a Special Election, or a total of $81,000; this is based on a 2,5% inflation rate. 3. April 12 Election, but Council would authorize drawings in February; Town would be risking about $90,000 in case something goes wrong in the Election, 3,a April 12 Election but Council authorize the initial work concentration on separate earth work contract. The Mayor opened the public hearing, lr TOWN COUNCIL MINUTES #989 10/20/93 3 r"' Mark Pressman, consultant, stated this is a time of unusually low interest rates; by extending the term out, the risk of higher interest rates is increased, I Eric Glass, Roland/Miller Architects, stated with option 1 there is real concern as an architect and substantiated by the cost estimator for the period of time allowed for construction documents is really too short; there's a risk factor that everything has to go perfectly on schedule to avoid inflation risk costs; prefer four (4) months to develop construction drawings, Hal Edelstein, noted the cost consultant stated the current bidding process is erratic; the longer we string out when the project is bid could have a negative impact, Nat Marans encourage Council to authorize the initial part of the grading drawings for $40-50,000 and then go ahead with the working drawings and proceed with the General Election in April. Betty Williams asked wouldn't the money earn more than 2 1/2% interest sitting in the bank. r In response, Mark Pressman stated it wouldn't cost the Town Hall but it would cost those making the bond payments; stated there's a formula for take-down; all funds need to be expended within three years; can't earn more than what you are paying on the bonds themselves. Nicky Wolf stated she had a problem spending money on construction drawings before the project is approved by the voters; wasn't sure the project would fly as it exists. Jim Lavelle, Chair of the Design Review Board and President, LCOTPOA, stated he was brought into the Design Committee towards the end of the process; what he saw was much more than anticipated at a much higher cost and grander design than anticipated; agreed for the need of a new Town Hall; thought it unreasonable and unlikely the citizens of Tiburon will vote for such a structure; also believed the construction claims were highly speculative at best; there are scenarios of losses and gains, risks and opportunities; does this proposal of $4.5 or $5 million represent the constituents; thought the Council should give the constituents an opportunity to vote on the proposal before Council spends another dime on it in addition to the $200,000 Council has already spent on it; asked that Council put it to the voters at the General Election and line it up against the library and school district and give the constituents the credit they deserve to make the decisions, ~ In response to Mayor Friedman, Mr, Lavelle stated he called the cost estimates speculative because no one knows the future interest rates; the economic climate; thought the process should have been to ask the Town how much they are willing to spend instead of designing a Town Hall and marketing it to the constituents; didn't think TOWN COUNCIL MINUTES #989 10/20/93 4 /'"" I the Town should spend another dime until the voters tell the Council whether they want a new Town Hall; didn't know how to cut costs; thought estimate was more than the economic conditions can justify at this time. Counci1member Thompson stressed the Town didn't have a choice; a new Town Hall was necessity. In response to Councilmember Thompson, Mr, Lavelle stated he was invited to serve on the Design Committee when 95% of the design was finished; couldn't make suggestions to cut costs without the plans available and not being able to take the time; stated it was in the eyes of the beholder and a matter of opinion; wasn't involved in the entire process; has looked at most of the analysis of space requirements. Mark Ginalski, 5 Santa Ana Court, stated he thought Mr. Lavelle's comments bespoke the attitude one finds in our community; would like The Ark to notify the public he would like to have a meeting of the Town's people, similar to an EIR scoping session to discuss these issues, r Ralph Hockley, 20 Mara Vista Court, Site Selection Committee member who recommended Ned's Way, and on behalf of his wife, stated he was interested in this project and the Town; strongly urged Council to pursue construction of the NTC with as much speed as practically possible; urged Council to have a Special Election in February to get the construction started before the rainy season; to save increased costs bronght about by delays; to get the Staff out of the present building as soon as possible before a health and welfare issue arises; another advantage for a February Election is the current Council can carry it out. In response to Randy Greenberg, Mr. Glass stated assuming the design of the building and parking lots doesn't change, the grading plans should be somewhat adaptable; it wouldn't be adaptable to relocate the building or change the building footpad. Ms, Greenberg stated it is a matter of educating the public; took umbrage with Mr. Lavelle who came to three meetings who was silent at those meetings; all constructive comments were considered; this is an issue on which the Council needs to take a leadership role; urged spending a small amount on grading plans prior to the election; what needs to be talked about is the annual assessment; whether the cost is $4.5 or $5 million is not the issue; $60 or $80 per year is the figure we need to know and it could be speculative; it needs to be sold to the public; encouraged April election because there is speculation there is manipulation if you move it up but go ahead with construction drawings, The Mayor noted by 1995 the Town Hall will have to be fully handicapped accessible; noted there was an independent minded Site Selection/Space Committee told the Council what they needed and where to put it; they studied drawings and cut project to the bare bones, ~ TOWN COUNCIL MINUTES #989 10/20/93 5 I"'" I Jim Wilson, Hilary Drive, supported a Special Election in February and an up-front grading contract; made sense economically; the best time to bid this job would be in February; with phased construction the next contract would be a foundation contract and then a structural contract; work would be done early in the Spring for less winterization costs; another option is to begin some preliminary work on the intersection of Ned's Way; has been persuaded by arguments for a Special Election; it is a critical point that the five Councilmembers are firmly committed to this and the February date is the only date that makes sense. John Smissaert, Site Selection Committee, discussed the variance between their original estimate and final cost estimates. A general discussion followed regarding the various estimates and what was included in each and what was excluded because they were universal. Vice-Mayor Nygren suggested $300,000 could be reduced by eliminating furniture; additional savings by a change in roof materials, structural materials, Mr. Smissaert agreed that getting the grading done is a good idea but it is presumptive on the part of the Council to approve the grading prior to the election. There was more discussion regarding the variance of cost estimates and what elements might be left out, Le" Thrift Shop, CCC, simple roof design, t The Mayor closed the public hearing. Councilmember Thompson stated he wanted a Special Election in February; didn't want to authorize any drawings; wanted to maximize economic climate of the day. Mayor Friedman agreed. Councilmember Thayer respectfully disagreed; stated the public is a very skeptical voting group and the Council needed to play it as straight arrow as they can; need to hold the election at the regular time and not spend any money in advance; believed the alternatives would save money but he didn't think the public will buy it. Vice-Mayor Nygren stated the bottom line was to have the election when it has the best chance of passing, Councilmember Kuhn emphasized the importance of having a consensus; asked what would be the maximum amount of capital at risk and what's the lowest cost to achieve it; felt a Special Election could achieve it; it would maximize advantage of what they perceive as an economic window; current interest rates and cost factors; in terms of a General Election, he was in favor of approving expenditure of funds in advance; need to address dollar figure per parcel; suggested the possibility of adjusting parcel rate for inflation over a 30-year period, b TOWN COUNCIL MINUTES #989 10/20/93 6 I The Town Attorney reminded Council with a Special Election the exact ballot wording was needed in two weeks, The Town Clerk explained the deadline to place Notice of Election in the local paper; deadline for February 8 election is November 3; deadline for April 12 election is December 7, r There was discussion regarding the merits of a Special Election vs, Regular Election. Motion: To approve placing the Town Hall ballot measure on the April ballot. Thayer, Seconded by Kuhn AYES: Thayer, Nygren, Kuhn, Friedman NOES: Thompson Moved: Vote: Councilmember Thompson stated he wanted an earlier election, 4. APPEAL DESIGN REVIEW DECISION (AP. #389-111-04); Appellant: Mr, and Mrs. James Laurie; Applicant: Peter Gang for Wyborn Mercer, 14 Francisco Vista Court; Addition and Landscaping) ^ L Jayni Barker, Planning Consultant, reviewed the Staff report; stated addition was approved; neighbors have raised issues of privacy and impact of landscaping; the DRB approved 8' privet hedge; reviewed five issues raised in Appeal; enforcement of 8' height would be self-enforced because higher would impede their view of the Bay, In response to the Mayor, Ms, Barker stated issues raised in the Appeal did not address drainage; subsequent material submitted did address drainage. The Town Attorney stated Council has historically taken the position that the whole issue is up for appeal; Building Inspector stated the retaining wall was not part of design review. James Laurie, 641 Hilary Drive, appellant, stated three elements they felt were not considered by DRB was retaining wall which was observed to be built without rebar and without foundation up to 5'; Building Inspector required they lower it to 3'; objected to this process because tons of earth had been placed behind the 5' wall; no drainage observed in the wall; drawings made after the fact show no drainage; concerned about the integrity of the wall and the danger it presents to our property three stories below the wall; four trees were not considered by Design Review, a fifth tree has been added which will create a 75' wide screen; privet hedge was only observed by two members of the DRB; felt trees should be removed or moved back from the apex of the hill and away from his property line; thought privet hedge should be trimmed down 3' above their fence line or moved back with the trees; they are losing sunlight and their ability to enjoy their property; many of their plants will be damaged by lack of sunlight, ~ '-- TOWN COUNCIL MINUTES #989 10/20/93 7 r- I John Johnson, general contractor, presented pictures to the Council of retaining wall, and discussed the need for foundation and rebar, Ms. Barker explained the Building Inspector saw the wall at 5'; advised them they needed a building permit and suggested they consult an expert regarding drainage; when the height of the wall was reduced, it was a landscape element and didn't require a building permit, Jeff Levine, landscape contractor, addressed their landscape plan; the plants were an erosion control; drip irrigation system was installed; plants in the fence area are sun loving; stated privets have low water requirements and can attain heights of 10 to 12'; crab apple trees can reach 20' in height and 15' in width and combined with existing fence and privet hedge had potential of creating an exceptional amount of shade. Martin Myman, Hochman & Silvestri attorneys, stated there was no drainage plan; there had been a mudslide toward the Laurie property which created $4,000 in damage; drainage is tied into the development of the process; there is a liability issue to the Mercers and to the Town; there is a history because of the slide; because Town procedures weren't followed; asking the Town to do what should have been done at the outset. r The Town Attorney stated the Town has no liability whether the wall fails or not since it doesn't require design review or building permit. Mr. Myman proposed moving fruit trees back; require hedge be lowered or a different type of hedge; take look at the wall and satisfy everyone it won't go somewhere, Ms. Barker stated trees didn't require design review, The Planning Director stated no ordinance requires permit to plant trees; there are exemptions in the UBC to fill and excavate without building permits and if it doesn't require a building permit, it doesn't require design review, ' Mr, Mercer asked Council to uphold their addition to their home; the retaining wall was put on a concrete foundation with rebar every 16" from the center; they drew a permit because of Mr. Laurie's objection to the fill; stated Building Inspector did inspect the wall and made sure it was properly built with gravel and perforated pipe; invited the Town or Mr. Laurie to x-ray the wall; stated wall extends from 6" to 4'; open area was notched out and lowered; no requirement for rebar at that height; proceeded with landscaping after being told what species were not permitted; they used to have a fruit orchard there; it was removed to create the yard; installed a "V" ditch which was inspected and approved; stated the privet hedge was to address privacy for both of them; would accept 3' above the fence which would be in line with his roofline; willing to move apple trees to the side as long as they are not in the shade, c TOWN COUNCIL MINUTES #989 10/20/93 8 r'- Motion: 1- Moved: Vote: To deny the appeal conditioned upon the limitation of the privet hedge no more than 3' above fence line; move crab apple trees to another location so they are not a problem to the downhill neighbor; downhill neighbor be allowed to x-ray the wall. Thayer, Seconded by Kuhn AYES: Unanimous NOES: None 5. DETERMINE STATUS OF PARCELS AT 2255, 2265, 2275 PARADISE DRIVE (AP, NOS. 59-142-04, 05, 06 and 08 - Parcels May be Subject to Statutory Merger Pursuant to Chapter 14, Article 8 of the Tiburon Town Code. Owners: Lucy O'Brien Trust; Trustee: William O'Brien) CONTINUED TO NOVEMBER 3. 1993 G. NEW BUSINESS 6. MUNICIPAL ELECTION DATE (Consider Changing April Even Year Election to November Odd Year) The Council agreed with the Town Clerk's suggestion to express their intent to change the Municipal Election from April of even numbered years to November of odd- numbered years beginning in November 1995, however, postpone enactment of the ordinance until March 1994 in avoid confusing the April 1994 election. The change in election will shorten the terms of office of Vice-Mayor Nygren and Councilmember Thompson to approximately 3.5 years, and the three members elected in April 1994. r Motion: Moved: Vote: To change the Municipal Election from April even-numbered years to November of odd-numbered years effective November 1995; to adopt the ordinance in March 1994. Thayer, Seconded by Kuhn AYES: Unanimous NOES: None 7. BUILDING PERMIT & DESIGN REVIEW TIME EXTENSIONS (Reconsider Current Regulations) TOWN COUNCIL MINUTES #989 t' CONTINUED TO NOVEMBER 3, 1993 10/20/93 9 r- I 2. MARIN COUNTY COMMISSION ON HOMELESSNESS (Support Continuation and Carryover Funding) Town Council unanimously endorsed the continuance of a reconfigured Homeless Commission; approved $647 remaining funds contributed by Tiburon to be carried forward to 1993-94 and 1994-95 and approve appointment of John Leonard as the Southern Marin representative to the Commission, H. COMMUNICATIONS 8. LAST CHANCE COMMITTEE REPORT (September 23, 1993 Meeting Minutes) . Informational only. I. STAFF AND TOWN MANAGER REPORTS 9. BLACKIE'S PASTURE IMPROVEMENTS (Authorize MTC Grant Funding Application) To authorize Town Engineer to prepare an application for MTC funds administered by the County of Marin to improve bicycle areas. r John Kern, representing Little Reed Heights Homeowners Association, stated they overlook the area and didn't want to see things done piecemeal. The Town Engineer reviewed the Staff report. Vice-Mayor Nygren objected to asphalt paving, Motion: Moved: Vote: To approve preparation of MTC grant application, Kuhn, Seconded by Thompson AYES: Thayer, Thompson, Kuhn, Friedman NOES: Nygren, 10, FORMER ELECTED OFFICIALS MEETING (Town Manager Oral Report) J. CLOSED SESSION There being no further business before the Town Council of the Town of Tiburon, Mayor Friedman adjourned the meeting to Closed Session at 12:35 AM. to discuss potential litigation. ~ TOWN COUNCIL MINUTES #989 10/20/93 10 r- I K. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Friedman adjourned the meeting at 12:50 AM., Thursday, October 21, 1993 sine die. ~ c ./~ ~ .-4 P' t, <:.--1C /' ~ I ,/Z-~ .- MAYOR MICHAEL FRIEDMAN ATTEST: r b TOWN COUNCIL MINUTES #989 10/20/93 11