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HomeMy WebLinkAboutTC Min 1994-04-06 ,..... I TOWN COUNCIL MINUTES CALL TO ORDER Mayor Nygren called the regular meeting of the Town Council of the Town of Tiburon to order at 7:40 P.M., Wednesday, April 6, 1994 in Room 5, Del Mar School, Tiburon. A. ROLL CALL PRESENT: COUNCILMEMBERS: Thayer, Kuhn, Nygren, Thompson (7:55), Friedman (8:50) ABSENT: COUNCILMEMBERS: None EX OFFICIO: Town Manager Kleinert, Town Attorney Ewing, Town Engineer Bala, Police Chief Herley, Planning Director Anderson, Finance Director Stranzl, Town Clerk Hennessy B. APPOINTMENTS TO COMMISSIONS BOARDS. COMMITTEES ~ There were no appointments. C. RECOGNITIONS OF SERVICE & PERFORMANCE The Mayor and Police Chief expressed the Town's appreciation and gratitude to the following Officers and Dispatchers for their outstanding service to the Town of Tiburon. . CAPTAIN STEVE LEWIS (7 Years - Resolution) Motion: Moved: Vote: To adopt Resolution Expressing Appreciation to Police Captain Steven G. Lewis and wishing him success in his career in Menlo Park. Thayer, Seconded by Kuhn AYES: Unanimous ABSENT: Friedman, Thompson . SGT. LAURA JUDD (Outstanding Performance - Resolution) Motion: Moved: Vote: 1- To adopt Resolution Recognizing the Professional Conduct of Sergeant Laura Judd Kuhn, Seconded by Thayer AYES: Unanimous ABSENT: Friedman, Thompson TOWN COUNCIL MINUTES #1008 April 6, 1994 1 . OFFICER PETER STONEHAM (Outstanding Performance - Resolution) ~ l Motion: Moved: Vote: To adopt Resolution Recognizing the Professional Conduct of Officer Peter Stoneham Kuhn, Seconded by Thayer AYES: Unanimous ABSENT: Friedman, Thompson VICE-MAYOR THOMPSON ARRIVED. . SOUTHERN MARIN DISPATCHERS DENISE MUND (Outstanding Performance - Resolution) LINDA HARLOW (Outstanding Performance - Resolution) Motion: Moved: Vote: To adopt resolution Recognizing the Professional Actions of Southern Marin Communications Dispatchers Denise Mund and Linda Harlow Thompson, Seconded by Kuhn AYES: Unanimous ABSENT: Friedman D. PRESENTATION OF AWARDS J..- . OFFICER ROBERT ROSSI - Medal of Valor Chief Herley noted the Medal of Valor is awarded to those who risk their lives to save others; stated Officer Rossi was in a position to legally and ethically use deadly force which he did not; successfully disarmed a woman without bodily harm; thanked him for being an Officer of the Town of Tiburon. .. - Motion: Moved: Vote: To adopt Resolution Recognizing the Heroism and Valor of Officer Robert Rossi Thompson, Seconded by Kuhn AYES: Unanimous ABSENT: Friedman . SGT. THOMAS AIELLO - Medal of Valor Police Chief Herley commended Sgt. Aiello for risking his life to save an elderly woman in Belvedere, and preventing harm to the responding Tiburon Fire District personnel by ventilating the house which was potentially explosive. Motion: l- Moved: To adopt Resolution Recognizing the Heroism and Valor of Sergeant Thomas Aiello Thayer, Seconded by Kuhn TOWN COUNCIL MINUTES #1008 April 6, 1994 2 I"""' Vote: AYES: ABSENT: Unanimous Friedman l E. PUBLIC OUESTIONS AND COMMENTS Vice-Mayor Thompson announced the birth of his daughter Alexandra on Monday, April 4th. Marcia Norris, 70 Paseo Mirasol, stated Resolution 2928 required a bond by the owners of 335 Blackfield Drive, to protect their house from mud of slide damage; stated the Town has accepted an insurance policy; didn't feel this policy was adequate; questioned whether it was still in force since there are new owners. The Town Attorney stated he has been assured the policy is adequate, and he will correspond with the Norrises' again. F. COUNCIL. COMMISSION OR COMMITTEE ORAL REPORTS . EMERGENCY DISASTER PREPAREDNESS FAIR Mayor Nygren announced a mailer will be sent to every address announcing the April 23 Emergency Disaster Preparedness Fair and enumerating all the activities. . NEW TOWN CENTER k "- Standing Committee Chairman Kuhn summarized their activities related to the June 7 election for Ballot Measure "M"; prepared detailed summary of the project; prepared executive summary; preparing mailer to every resident and stated the model is on display at Safeway. The Committee will also continue to meet with homeowner associations. In addition, a Town Newsletter will be mailed in May with more information. . 30th ANNIVERSARY COMMITTEE Chairman Fanning stated on June 23 there will be a special meeting of the Town Council including an historical discussion; Friday, June 24, there will be a formal dinner at the Corinthian Yacht Club; Saturday, June 25 will begin with a pancake breakfast hosted by the Tiburon Police Association; a picnic at McKegney Green which will include dedication of the new Gazebo, and in the evening there will be a street dance on Main Street hosted by the Chamber of Commerce. COUNCILMEMBER FRIEDMAN ARRIVED. G. CONSENT CALENDAR MOTION: To approve the Consent Calendar consisting of the following items: l- TOWN COUNCIL MINUTES #1008 April 6, 1994 3 y-"'" 1. , 2. 3. 4. 5. ~ .... ~ APPROVAL OF MINUTES #1003, February 22; #1004, March 2; #1007, March 16, 1994 DENY DESIGN REVIEW BOARD APPEAL & AFFIRM DECISION APPROVING SITE AND ARCHITECTURAL PLANS FOR 10 GILMARTIN COURT - Resolution GRANT APPEAL AND MODIFY DECISION OF THE DESIGN REVIEW BOARD APPROVING A RE-ROOF FOR 2 AUDREY COURT - Resolution OLDER AMERICANS MONTH - MAY - Resolution APOLLO ROAD DRAINAGE REPAIR (Award of Contract to Marino Excavating for $50,296.50) Moved: Vote: Thompson, Seconded by Thayer AYES: Unanimous NOES: None H. UNFINISHED BUSINESS 6. PINE TERRACE OPEN SPACE IMPROVEMENTS (Authorization to Execute Lease with Homeowners Association) The Town Attorney reviewed the Staff report; stated comments were received March 30 from the Association which raise a few issues; suggested the Town not sign the lease until all 12 homeowners have signed; noted the parcel to be leased and the location of the fence needs to be defmed. Bill Teague, 30 Pine Terrace, stated he wanted to make sure that by the definition of open space there is some control on the activities that occur there, and didn't want it to be an area for picnics and parties; stated the homeowners would be responsible for the maintenance of the fence but asked that the Town be responsible for damage due to vandalism. Mayor Nygren stated item 5, Improvements to the Property, needs to be amended to state "remove and/or prevent vegetation". The Town Engineer noted the fence should be the border; didn't think there was room between the fence and proposed property to plant anything. Council directed Staff to prepare draft lease incorporating the homeowners' concerns. TOWN COUNCIL MINUTES #1008 April 6, 1994 4 ,r"""" 7. MARINERO ESTATES PRECISE PLAN (ORAL STATUS REPORT) I The Planning Director stated the revised Precise Plan was remanded to the Planning Commission, who met and took testimony on March 23, 30 and 31; briefly outlined recommended changes such as deletion of Lots 20 and 21 and their roadway; reduction of height of several lots; reduction of lots sizes on several lots; reduction of proposed house sizes to 4,500 sq.ft., plus 500 sq.ft. garages, and requirement of 3' high permanent metal fencing along common boundary between building envelopes and Resource Conservation Easements on all private lots. The Planning Director stated that despite progress, there were several areas the Commission was unable to complete such as reviewing mitigation measures conditions of approval contained in Resolution; review of mitigation monitoring program and review of addendum to the EIR, and review of plan revisions which are still being drafted; the Commission asks that the Council request an extension of time. The Town Attorney explained current extension of time expires April 15; stated the Planning Commission will not have a quorum between this date and April 15 so the Council would have to complete the remaining tasks themselves and it would require a minimum of three meetings; the applicant must agree to an extension and for a specific period of time. J-, Discussion ensued regarding the length of an extension. "-- Randy Greenberg, Planning Commissioner, reviewed the time frame needed; explained the detailed careful review of the Commission; asked for maximum length of extension possible. John Collette, Collette & Erickson, representing the property owners, stated they had authorized him to grant a 30-day extension; requested a specific schedule of meetings that he could show the parties in interest who hold the economic stake in the project, in order to request a 60-day extension. Motion: To request a 60-day extension from the Marinero Estates Project applicant; if 60-day extension is not granted, schedule a Town Council meeting for 8:01 P.M., April 12, 1994. Thompson, Seconded by Kuhn AYES: Unanimous Moved: Vote: 8. PROPERTY TRANSFER TAX (Discuss Proposed Increase to Accommodate Community Improvements) ~ Councilmember Kuhn reviewed the Staff report; recommended Town Council aggressively pursue issue of increasing property transfer tax. TOWN COUNCIL MINUTES #1008 April 6, 1994 5 """ Bob Holmes, Director of Governmental Relations for Marin Association of Realtors, stated the background information submitted in the staff report doesn't contain information presented by the Real Estate industry, the State Legislative Counsel and others opposing this measure; stated realtors in Marin County were unequivocally opposed; didn't believe transfer taxed should be considered a steady source of income; strongly recommended the Council defer any action until the new Council are seated and have had a chance to review all material and become familiar with the extent of legal ramifications of any such approval. , There was a general discussion regarding General Law Cities and Charter Cities and their different taxing authorities. -J- Alan Uttman, former Councilmember, stated Councilmember Kuhn showed moral courage bringing up this issue at the end of his career; fact was the Town needed money for a library and Blackie's Pasture; thought the amount of tax proposed was modest; suggested the Council pass the tax with the provision that every year there will be an accounting of how the money will be spent; the Ubrary Committee is working hard to raise $3 million which will increase value of the community to the real estate industry; stated current arrangement is to transfer ownership of the property to the County; asked the Council if there is some way to change the arrangement and give the land at Mar West and Tiburon Blvd. to the Library Committee free and clear; suggested if the Town had revenues from this tax, the Town could do things that would be to the benefit of everyone. In response to Councilmember Friedman, Mr. Uttman suggested that the property would be owned by a Foundation controlled by Belvedere and Tiburon. "-- George Landau suggested a provision that iE people remain in the community they would be exempted from this arrangement; suggested the wording be changed to be a called "privilege for living in Tiburon tax" and be paid by the buyer. Virginia Brunini, 26 year resident, former Planning Commissioner, stated instead of a win-win situation, she felt it was illegal, inequitable and not reliable; stated the Town has had enough experience in testing waters; stated those affected, the future buyers and sellers weren't represented; stated Proposition 62 states a jurisdiction shall not tax without a vote of the people; suggested the Council go to the people with a shopping list and tell them the Town needs money; noted the new Council needs to examine Propositions 13 and 62. Mark Loomis, Tiburon Blvd., stated Proposition 62 calls for a vote of the people. Harry Matthews, Town Treasurer, couldn't address legalities, but has seen shrinking of revenues; residents want to retain services; thought this idea was a thoughtful and good resource for the community. h TOWN COUNCIL MINUTES #1008 April 6, 1994 6 ,,- . Anita Berman, San Fernando Avenue, stated residents need to support their Town; lake it 10 the citizens and ask for approval. Vice-Mayor Thompson stated he was against all taxes; preferred Transfer Tax because il is a deferred tax; suggested an advisory ballot before the public listing needs of the Town; revenues sources and if increased taxes aren't approved, wbat services they would prefer to bave cut; the ultimate decision will be before the Town Council; praised Councilmember Kuhn for bringing this matter to their attention. Councilmember Friedman also complimented Councilmember Kuhn on the staff report. Councilmember Thayer noted it was unfair that Tiburon collected substantially less than Charter Cities. The Mayor noted the new Council should look at this source of revenue and asked Cooncilmember Kuhn to follow tbis issue. 17. Corinthian Island Stairs Closure (Status Report - Town Manager & Town Attorney) II' The Town M81188er stated this item is a status report to the Council; indicated history of the stairs closure; a meeting set for all parties to determine question of cause of a slide; Town assisting participants 10 determine that the stairs need to be safe and slide needs to be repaired to protect the building; there is a question of cause as to whether it is due to rain or an adjacent property owner doing landscape work. A meeting is scheduled for Wednesday, April 13, 2 P.M. at the site. ... . ,-.. VICE-MAYOR 11I0MPSON LEAVES AT 11:10 P.M. , I. NEW BUSINESS 11. RICHARDSON BAY SANITARY DISTRICT (proposed Belveron Gardens Pump Station and Sewer Rehabilitation Project) The Town M81188er reviewed the Staff report. The Council reviewed the site map showing proposed location for the pump stalion adjacent to Wayne Snow's residence. Mr. Snow has given acceptance of these improvements. Frank Ditlle, Plant Superintendent, agreed to place some landscaping that doesn't interfere with access. Council agreed to approve in concept the proposed RBSD sewer system improvements in the Belveron Gardens area subject to all easements, right-of-way and improvement costs being borne by the District, and documents prepared by the District. ~ TOWN COUNCIL MINUTES #1008 April 6, 1994 7 ,"'- r-- , 9. TOWN COUNCIL CHAMBERS (Consider Public Meeting Room Options to Replace Del Mar School Room 5) The Finance Director reviewed the Staff report; suggested using the Tiburon Lodge on a six month trial basis. The Town Manager noted that a budget line item would be added in May; announced the April 19th Council meeting will be held in the Cove Room and a decision will be made following that meeting. 10. EMPLOYEE INCENTIVE PROGRAM (Establish Program and Consider Award Recommendations - Resolution) The Town Manager reviewed the Staff report; recommended the Town Attorney, Planning Director and Assistant Superintendent of Public Works receive a $500 bonus for work beyond the normal job functions. The Council reviewed the proposed program and deleted the word "approximately" and added the words "after employee evaluations" in the draft Resolution. Motion: J-. Moved: Vote: l.- To adopt Resolution Establishing An Employee Incentive Award Program as amended. Friedman, Seconded by Thayer AYES: Unanimous ABSENT: Thompson 12. POLICE PERSONNEL/ADMINISTRATION (Consider Sergeants Position In- Ueu of Captain's Position) The Town Manager reviewed the Staff report; recommended abolishing the Captain's position and authorizing an additional Sergeant's position; estimated $15,000 savings. Councilmember Thayer asked Staff to control overtime. Motion: Moved: Vote: To accept Staffs recommendation as outlined by the Town Manager in Option 4. Kuhn, Seconded by Thayer AYES: Unanimous ABSENT: Thompson 13. TOWN MANAGER'S SALARY (Resolution) Councilmember Kuhn representing the Finance & Administration Committee stated it was their intention that the Town Manager be included in the prior recommendation of 21/2% increase. ~ TOWN COUNCIL MINUTES #1008 April 6, 1994 8 ~. Motion: Moved: Vote: , To adopt Resolution Establishing the Annual Salary of the Town Manager Kuhn, Seconded by Thayer AYES: Unanimous ABSENT: Thompson J. COMMUNICATIONS 14. LCOTPOA MINUTES, dt'd. 2/24/94 and 3/7/94 - Informational K. STAFF AND TOWN MANAGER REPORTS 15. 30th Anniversary Celebration (Authorize Budget Allocation) The Town Manager reviewed the Staff report; recommended $1,000 from the unallocated reserve and $500 be charged to various Commissions to supplement fund raising efforts; $45 per person will be charged for the dinner at the Corinthian Yacht Club and it will cover most expenses. Motion: Moved: Vote: J-- 16. "'- To approve Staffs recommendation of $1,500 budget allocation. Thayer, Seconded by Kuhn AYES: Unanimous ABSENT: Thompson FAR Exemption: 280 Loma Avenue (108 sq.ft.) - Informational L CLOSED SESSION The Town Attorney notified the Council he had received information yesterday regarding the Foster v. Town litigation, and requested they call a Closed Session. Motion: Moved: Vote: To determine there was sufficient need to call a Closed Session. Friedman, Seconded by Thayer AYES: Friedman, Kuhn, Thayer, Nygren ABSENT: Thompson There being no further business before the Town Council of the Town of Tiburon, Mayor Nygren adjourned the meeting 11:45 P.M. to Closed Session. M. OPEN SESSION The Council returned to Open Session at 11:55 P.M. and announced that Council had unanimously authorized substituion of the law firm of Bronson, Fitzgerald & Howard for the Town Attorney in the case of Foster v. Tiburon. ~ TOWN COUNCIL MINUTES #1008 April 6, 1994 9 -- N. ADJOURNMENT I There being no further business before the Town Council of the Town of Tiburon, Mayor Nygren adjourned the meeting at 11:56 P.M. to an adjourned meeting on Tuesday, April 19, 1994 at 7:30 P.M. at the Tiburon Lodge to Certify the Municipal Election and seat the new Town Council. ~~REN ATTEST: ~7Yt. THERESE M. HENNESSY, TOWN C RK '" ~ TOWN COUNCIL MINUTES #1008 April 6, 1994 10