HomeMy WebLinkAboutTC Min 1994-08-03
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TOWN COUNCIL
MINUTES
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CALL TO ORDER
Mayor Nygren called the regular meeting of the Town Council of the Town of Tiburon
to order at 7:45 P.M., Wednesday, August 3, 1994 in Council Chambers, 1101 Tiburon
Blvd., Tiburon, California.
A. ROLL CALL
PRESENT: COUNCILMEMBERS: Ginalski, Thayer, Thompson, Wolf, Nygren
ABSENT: COUNCILMEMBERS: None
EX OFFICIO:
Town Manager Kleinert, Town Attorney Ewing,
Police Chief Herley, Planning Director Ander-
son, Associate Planner Catron, Planning Consul-
tant Allsep, Finance Director Stranzl, Town
Clerk Hennessy
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B. APPOINTMENTS TO COMMISSIONS BOARDS. COMMITTEES
There were none. The Mayor noted there was a vacancy on the Heritage & Arts
Commission and Parks & Open Space Commission.
C. PUBLIC QUESTIONS AND COMMENTS
Councilmember Ginalski referenced a letter he received expressing concern about plan
to use Angel Island for a concert. Staff directed to respond that there were no plans
scheduled this year by Bill Graham Presents.
Councilmember Wolf requested the Pavement Management Study be agendized as soon
as possible. Council concurred.
Vice-Mayor Thompson asked the Mayor if she planned to apologize to Mr. Zelinsky for
remarks made at previous meeting. The Mayor stated she disagreed with Ms. Ashley's
perception of the event and she had sent a letter to Mr. Zelinsky expressing her feelings.
D. COUNCIL. COMMISSION OR COMMITIEE ORAL REPORTS
. SOLID WASTE MANAGEMENT REPORT
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Mayor Nygren gave her report. Rick Powell, Mill Valley Refuse, suggested all four
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quarterly pick-ups be yard waste collections or begin a bi-weekly curbside program to
meet 50% goal. Mr. Powell also stated they are working with the downtown restaurants
and offices to increase recycling material.
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E. CONSENT CALENDAR
Items 1 and 4 were removed to be discussed at the end of the meeting.
1. APPROVAL OF MINUTES #1022, July 6; #1023, July 7; #1024, July 12
4. LAFCo DUAL ANNEXATION POUCY (Survey Data for Submittal to LAFCo)
MOTION: To approve the Consent Calendar consisting of the following items:
2. CONFLICT OF INTEREST CODE (Biennial Update of Code - Resolution)
3. PUBUC ADDRESS SYS1pM (Approve Appropriation of $1,200)
Moved:
Vote:
Thompson, Seconded by Thayer
AYES: Unanimous
NOES: None
F. PUBLIC HEARING
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5. OLD LANDING ROAD PREZONING (Ordinance, 2nd Reading)
Associate Planner Catron reviewed the Staff report. In response to Councilmember
Wolf, Mr. Catron stated the pre-zoning doesn't go into effect unless the property is
annexed.
The Mayor opened the public hearing.
Tom Newton, Planning Consultant, representing some property owners known as
Neighbors for an Antiseptic Environment (NAB), who have requested annexation to the
Corte Madera Sanitary District. Since the property is within the Town of Tiburon's
Sphere of Influence, LAFCo's dual annexation policy applies, and they request
prezoning.
The Mayor closed the public hearing.
Motion:
Moved:
Vote:
To move by title only.
Thayer, Seconded by Ginalski
AYES: Unanimous
NOES: None
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The Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON PREZONING APPROXIMATELY 45 ACRES IN THE VICINITY OF
OLD LANDING ROAD TO THE RO-l, RO-2 AND M ZONING DISTRICTS.
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Motion:
Moved:
Vote:
To pass first reading of the aforementioned ordinance.
Thompson, Seconded by Thayer
AYES: Ginalski, Thayer, Thompson, Wolf, Nygren
6. PREZONING OF 0.28 ACRES OF PROPERTY AT 4903 RANCH ROAD AS
A PRELUDE TO ANNEXATION; (A. P. #38-052-04; Owners and Applicants:
Robert and Diana Baker, Ordinance, 2nd Reading)
Associate Planner Catron reviewed the Staff report. The Mayor opened the public
hearing. There being no comments the Mayor closed the public hearing.
Motion:
Moved:
Vote:
To move 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 PREZONING OF CERTAIN PROPERTY LOCATED AT 4903 RANCH
ROAD.
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Motion:
Moved:
Vote:
To adopt the aforementioned ordinance.
Thompson, Seconded by Thayer
AYES: Ginalski, Thayer, Thompson, Wolf, Nygren
7. NEW POLICE & ADMINISTRATIVE FACIUTY MUNICIPAL ELECTION
a. Finalize Project Costs, Funding and Bond Financing
b. Ordering & Calling A Municipal Election for The Purpose of Placing a Measure
on the Ballot - Resolution
c. Requesting Assistance of Board of Supervisors for County Registrar to Handle
Municipal Election on November 8, 1994 - Resolution
d. Proposing the Adoption of a Special Tax for the Construction of a New Tiburon
Police & Administrative Facility - Resolution
e. Initiating Proceedings for the Issuance of Limited Obligation Bonds - Resolution
The Town Manager summarized the Staff report; construction cost for the modified
Police & Administrative Facilities would be $2,653,000; miscellaneous costs $555,000;
sales of bonds, $87,000 for a total $3.2 million; Town reserves of $1.4 million and sale
of bonds $1,895,000; the financing program consists of using limited obligation bonds and
a special parcel tax for annual debt servicing. The Town Manager noted this meeting
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represents the sixth public hearing on the proposed facilities; noted cost estimates from
Adamson also lists what is excluded; Staff is recommending a transfer of reserves as
outlined in Exhibit 4.
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Mark Pressman stated $30,000 bond underwriting discount need to be added to the bond
offering for a total $1,925,000.
The Mayor opened the public hearing.
In response to Ann Ross, Reed Ranch Road, Mr. Pressman stated if there is a surplus,
the option of the requirement would be to reduce the tax rate if the full authorized tax
rate did exceed funds necessary to service the debt when units are added to the Town.
In response to Mirella Abbo, Councilmember Wolf stated seniors who qualify for the
PGE lifeline rates would be exeppt from this tax.
Joe Keller noted there are a substantial number of people over 65 in Tiburon and that
construction costs might be higher than estimated.
There was a brief discussion regarding the basic points and terms of the bond.
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Councilmember Wolf stated she wanted to make a point the unallocated reserves have
been drawn down as low as she felt they should be; not comfortable taking money out
of Capital Equipment Replacement without more information; asked that fund be given
further analysis.
Councilmember Wolf stated she went along with the motion to place the measure on the
ballot, but she thought they made it clear it was necessary to pursue the downtown plan;
didn't want to be characterized as undermining this measure by working on this
alternative plan; wanted acknowledgement they would be permitted to spend the budget
allocated to this project.
Councilmember Ginalski stated they couldn't stop them from working on the alternate
plan; agreed they should be able to use unallocated funds.
Councilmember Wolf stated she didn't want to be denied access to Staff assistance;
didn't want to be made out as villains because they were pursuing alternative.
Councilmember Thayer stated the Council should give this measure their full support;
look at fall back positions; look at options of financing Ned's Way.
Motion:
To adopt Resolution Ordering and Calling a Municipal Election in the
Town of Tiburon on November 8, 1994 for the Purpose of Placing a
Measure on the Ballot as amended.
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Moved:
Vote:
Motion:
Moved:
Vote:
Motion:
Moved:
Vote:
Motion:
Moved:
Vote:
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Ginalski, Seconded by Thayer
AYES: Unanimous
NOES: None
To adopt Resolution Requesting the Marin County Board of Supervisors
to Authorize the County Clerk to Render Services Regarding the
Municipal Election to be Held on November 8, 1994
Thayer, Seconded by Thompson
AYES: Unanimous
NOES: None
To adopt Resolution Initiating Proceedings for the Issuance of Limited
Obligation Bonds as amended.
Thompson, Seconded by Ginalski
AYES: Unanimous
NOES: None
To adopt Resolution Proposing the Adoption of a Special Municipal Tax
for the Construction of a New Tiburon Police and Administrative Facility
as amended.
Ginalski, Seconded by Thayer
AYES: Unanimous
NOES: None
G. UNFINISHED BUSINESS
8. CONTINUED APPEAL OF DESIGN REVIEW BOARD DECISION (A.P. No.
38-161-33, Appellant: Mr. and Mrs. Harvey Poppel; Applicant: Bonnie Agins, 185
Gilmartin Drive, New Home)
Planning Consultant Jayni Allsep reviewed the Staff report; the Design Review Board
modified the conditions so that the trellis plan be modified so they didn't interfere with
the Poppel's water views; the trellises were lower and the length reduced; given the view
from the dining room some blockage remains. Ms. Allsep responded to Council's
questions regarding the height and length of the proposed trellis; stated deer fence has
been reduced to a height of 6'; berm reduced to 3'; vegetation on berm limited to
maximum of 4'; Staff didn't calculate the total number of how many cars could be
parked on the property since the application clearly met the parking requirements.
Ms. Allsep noted letters had been received from David and Cathie Moyne and Steve and
Joan Polito, dated August 1; Russell Pratt, dated August 1 and May 13; and Howard &
Diane Zack dated August 2, 1994.
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In response to Councilmember Ginalski, the Town Attorney noted Albert Bianchi's letter
dated August 1, 1994 and his responding memorandum dated August 3, 1994 were both
part of the record, and he respectfully disagreed with Mr. Bianchi.
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Harvey Poppet, 147 Gilmartin Drive, requested a copy of the transcript be incorporated
into the record. Councilmember Thayer requested a copy be provided to the Town
without charge. Mr. Poppel agreed and requested a copy of the video being recorded.
A representative of Mrs. Agins agreed.
Mr. Poppel read six page statement into the record.
AI Bianchi, representing the Poppels, reviewed statements made at the previous meeting;
didn't agree Council was bound to the 1985 standards per the Settlement Agreement.
In response to Vice-Mayor Thompson, the Town Attorney read Paragraph 9, Exhibit B
of the Settlement Agreement. -
In response to Councilmember Wolf, Ms. Allsep stated no portions of the footprint of
a building encroach in the setback area; small portions of the roof eaves encroach into
the building envelope; Zoning Ordinance allows for such minor encroachments with 2'
being the maximum. The Planning Director read Section 12 of the applicable Zoning
Ordinance. Ms. Allsep stated the portion that extends is less than 2'.
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There was a discussion regarding the maximum height of the studio; the ordinance states
the maximum height for an accessory building is 15' however there is a stipulation that
an additional 6' can be approved if the Design Review Board determines the extra
height is necessary by reason of the terrain. In response to Mayor Nygren, Ms. Allsep
stated there was a lot of discussion regarding the location of the accessory building; the
studio was relocated to maximize Poppels views; present location puts the studio where
site topography drops off; estimated 75% or more of the studio is within height limit.
There was a discussion regarding Section 12, paragraph d, and the Town Attorney and
Planning Director stated this paragraph does not apply to this project.
Mr. Berger, representing the Agins, responded to Mr. Poppel's comments.
Jim Lavelle, former Design Review Board member, supported the Poppel's request to
grant the appeal, and objected to the large amount of hardscape.
The Council deliberated among themselves.
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Motion:
Moved:
Vote:
To deny the appeal.
Ginalski, Seconded by Thompson
AYES: Unanimous
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H. NEW BUSINESS
9. BUSINESS LICENSE ORDINANCE (Consider Proposed Amendments)
The Finance Director reviewed the Staff report which outlined proposed amendments
such as an Administrative Fee of $25, an annual fee of $20 per unit for the rental of
single family residences, annual fee of $500 for solicitation permits and a fee of $15 for
the handling of checks returned to the Town for insufficient funds. There being a 45 day
notice period, first reading of the Ordinance is scheduled for October 5.
I. STAFF AND TOWN MANAGER REPORTS
. Encroachment Permits (Old Tiburon) - Council agreed to consider amendments
to the Encroachment Permits procedure and future study of streets in Old Tiburon.
. LCC Conference (Designate Voting Delegate) Councilmember Wolf was
designated as the Voting delegate.
. Far Exception - 825 Stony Hill Road - Informational item.
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40 Main Street - Theater Expansion - Planning Director reviewed the staff report
which recommends the Town "merge" the two parcels of land involved and enter
into an agreement with the property owners recognizing that the 867 square feet
of development potential remaining from the Gateway Site will still exist following
the merger. Council directed Staff to proceed with the appropriate documents.
Ir
. Graffiti Ordinance - Council agreed with the Town Attorney recommendation that
no action be taken at this time.
1. APPROVAL OF MINUTES #t022, July 6; #1023, July 7; #1024, July 12
Continued to next meeting.
4. LAFCo DUAL ANNEXATION POLICY (Survey Data for Submittal to LAFCo)
Council approved Dual Annexation Policy survey comments and authorized Mayor to
send transmittal letter to LAFCo.
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J. ADJOURNMENT
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There being no further business before the Town Council of the Town of Tiburon,
Mayor Nygren adjourned the meeting at 1:10 AM., Thursday, August 4,1994 sine die.
ATTEST:
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THERES . HENNESSY OWN CLERK
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