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HomeMy WebLinkAboutTC Min 1994-09-07 , ,,- 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 7:41 P.M., Wednesday, September 7, 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, Town Engineer Bala, Police Chief Herley, Superintendent of Public Works Iacopi, Planning Director Anderson, Finance Director siranz1, Associate Planner Catron, Town Clerk Hennessy B. APPOINTMENTS TO COMMISSIONS BOARDS. COMMITTEES ,'-'" . Motion: Moved: To appoint Anne Marie Sauer to the POSC Wolf, Seconded by Thompson Motion: Moved: To appoint Brian Sullivan to the POSC Ginalski, Seconded by Thayer Council concurred that both candidates were well qualified and based on involvement with other Town activities, the majority of the Council voted to appoint Brian Sullivan to the POSC. C. PUBLIC OUESTIONS AND COMMENTS Esther Coogan, Operating Supervisor of PG&E, introduced herself to the Council as the key contact person if they have any questions that might arise in the community. - Vice-Mayor Thompson refuted The Ark newspaper article regarding his goals for Blackie's Pasture. . .I ...-....... TOWN COUNCIL MINUTES #t029 9/7/94 1 r- I D. COUNCIL. COMMISSION OR COMMITTEE ORAL REPORTS . .. COMMISSION ON AGING - Bryan Chapman stated demand for senior services will continue to grow; commended Town for the 16 unit senior citizen complex at Cecilia Place; asked Council to accept his resignation and nominated Jim Rice. Motion: Moved: Vote: To appoint Jim Rice to the Marin Commission on Aging Thayer, Seconded by Thompson AYES: Unanimous . LAFCO - DUAL ANNEXATION POUCY Councilmember Thayer stated results of the recent questionnaire has resulted in LAFCo's further review of the dual annexation policy and local Staffs will be contacted to determine relevance of LAFf.o's policy to the Town. E. CONSENT CALENDAR Item 4. removed. MOTION: To approve the Consent Calendar consisting of the following items: j~ 1. APPROVAL OF MINUTES #1028, August 17, 1994 2. INVESTMENT SUMMARY REPORT (July 1994) 3. PRESERVATION OF DEVELOPMENT RIGHTS (Approve Agreement with Main Street Properties Retaining Development Potential of Merged Lots) Moved: Vote: Thompson, Seconded by Ginalski AYES: Unanimous NOES: None 4. PARKS & OPEN SPACE COMMISSION (Authorization to Install Telephone at South of the Knoll Park) Vice-Mayor Thompson asked for clarification of the location of the telephone. Parks & Open Space Chairman Snow indicated the general area away from interference of the bike path. TOWN COUNCIL MINUTES #1029 Motion: Moved: Vote: ~~ To authorize installation of the telephone at South of the Knoll Thayer, Seconded by Thompson AYES: Unanimous 9/7/94 2 1--- I F. UNFINISHED BUSINESS 5. FERRY SERVICE - ANGELlSLAND (GGBHTD Service From Larkspur to East Garrison Angel Island Ferry Proposal) The Town Manager reviewed the Staff report; stated the Town's position has been to support alternate access locations for services to Angel Island; issue is the Town doesn't want to impact the local ferry service; at the GGBHTD hearing, he suggested any approval be based on a trial basis; State Park services has indicated they need to increase patronage to the Island by a significant amount; suggested the Town might express concern but will deal with an increased volume when it occurs; don't want to encourage anything that has a negative impact on the Town's business community; stated the GGBHTD Board referred the matter to their Transportation Committee which will meet on October 6; stated it was incumbent upon the Council to indicate a position for the Town. - J~ .-I Dian Ashley, President Chamber of Commerce, presented a petition from business community which supported the Angel Island Ferry as well as access from other locations other than Marin; noted Red & White and Blue & Gold ferries also serve Angel Island; stated the Bridge District submitted a proposal that their projected income was $16.5 million with an estimated $57.5 million expense and federal, state and Bridge District revenues will subsidize this expense; urged Council to support downtown community and the vital, legendary Angel Island Ferry. Margaret McDonogh, co-owner of the Angel Island Ferry, read statement which she had read at the GGBHTD hearing; stated they are responsible for maintenance, offered local youth employment opportunities, not subsidized by government, pay highest percentage of revenues to the State; urged additional service from a location other than Marin; stated per their contract with the State they cannot publicly oppose the GGBHTD proposal; stated 25% of their passengers are bicyclists; stated they can't expand because they run at a loss some of the time and below capacity all of the time; asked Council for their support; noted they are talking about the State of California soliciting a subsidized agency to run a private operator out of business; once they have another contractor from Marin, the state doesn't have to renew their contract; they were not invited to participate in discussions with the Bridge District. Discussion ensued regarding cost of round trip ticket, number of monthly trips, where patronage comes from, school children trips via school buses, over 1,000 parking spaces in the downtown area and most cars carry 3 or 4 passengers. Don Batten, Doris Symonds, Frank Brooks and Harry Matthews supported the Angel Island Ferry. ,~ TOWN COUNCIL MINUTES #1029 9/7/94 3 I John Smissaert suggested a triangle route ticket where people could leave from Larkspur and return to Tiburon with a bus to return them to Larkspur. ,,--- . . Vice-Mayor Thompson also supported the loop concept; reality is increased use of Angel Island; supported one ticket for every form of transportation in the Bay Area. Councilmember Ginalski suggested a meeting with members of the Transportation Committee to determine if the Bridge District was interested in discussing issues. Councilmember Wolf stated special events on the Island would have to be handled separately; objected to a trial because if a trial shows a severe economic impact on the McDonoghs, the Town can't reimburse their lose; it is not appropriate for the Town to be recommending a subsidized service go against a private operator; recommended the Council oppose this particular proposal; suggested park service investigate operators to serve the Island from the East ~ay; would consider the loop service in the future. Mayor Nygren supported the local ferry service; expressed concern that if the Town objected without further suggestions the State will allow the proposal anyway; still concerned about parking; supported other areas of access; concerned about fmancial liability of this proposal; suggested fares be equal and they shouldn't be able to offer group fares; also supported a trial basis. ,-, ~ Motion: To direct Staff to prepare a letter to the GGBHTD Transportation Committee asking for a meeting with two members of the Council and McDonogh group and meet before the October 6 Transportation Committee meeting. Ginalski, Seconded by Wolf AYES: Unanimous NOES: None Moved: Vote: Vice-Mayor Thompson and Councilmember Ginalski to represent the Town at the meeting. - 6. PAVEMENT MANAGEMENT STUDY (Presentation and Recommendations) The Finance Director reviewed the Staff report. Nate Johnson, IMS Infrastructure Management Services, Inc., reviewed the Pavement Management Reports for the Town of Tiburon which evaluated existing conditions, cracking conditions, riding quality, drainage, structural conditions, traffic volume; stated it is a network level evaluation, a tool to plan; noted a project level evaluation is the study of the potential of some areas to slip or slide and this is not taken into consideration in this report. ,~ --oil TOWN COUNCIL MINUTES #1029 9/7/94 4 ,,-.. I Showed pie chart illustrating evaluation of streets. Council discussed software program. Frank Brooks asked that Centro West be considered a priority; two people have broken ankles. Council agreed with Staffs recommendations to accept the IMS Pavement Management Report; direct Staff to prepare a report which includes recommendations concerning financing options or a long term Town-wide pavement program and to schedule public hearings for January 1995. Council agreed not to purchase the software program. 7. MAJOR CRIMES TASK FORCE (Asset Forfeiture Funds) The Town Manager reviewed the Staff report and three recommendations that the Town of Tiburon advise the Marin County Board of Supervisors that: ..... A. Tiburon continues to support the MCTF Program and the efforts of the civilian Oversight Committee. B. The MCTF should not utilize Asset Forfeiture Funds in the future fdr any operational costs, legal settlements or similar appropriations which are not clearly defined as acceptable expenditures of Asset Forfeiture Funds. ~ ~ C. The issue of the $300,000 in Asset Forfeiture Funds which was used to settle a sexual harassment suit should be abandoned. There has been too much time, energy and cost expended by all parties associated with this action. There still remain significant legal questions concerning the propriety of this use of Asset Forfeiture Funds. Let's put the issue to rest and agree that it will not occur in the future. The Town Manager stated his concern is the Grand Jury's goal is to prevent future funding of Task Force legal costs and their operations with asset forfeiture funds or operational costs; if this occurs the Major Crimes Task Force is in jeopardy. ~ Charles Hartman, 1993 Grand Jury member, stated they made a report on the improper use of JP A and asset forfeiture funds; stated the money has to be used for law enforcement or prosecutorial effort; stated funds were used in two ways the Grand Jury thought were questionable, i.e., sexual harassment law suit settlement and supplantment funds. Mr. Hartman complimented the Town Manager on his recommendations and suggested adding that to the first that the Oversight Committee be restructured to include non-public employees, elected or appointed; re second recommendation he thought the intent was perfect but to guarantee intent is carried out, he suggested adding words that "enforcement or use would be defined by Attorney General of the State of California", and regarding the third, he had mixed emotions noting Tiburon didn't do anything wrong yet the Town's money is being used to settle a suit clearly the TOWN COUNCIL MINUTES #1029 9/7/94 5 /-- J responsibility of the City of San Rafael. Mr. Hartman read four legal opinions from Attorney General of United States, County Counsel Tom Hendricks and Jeffrey Cook and Ron Lundquest from Attorney General of the State of California offices, Robert Wood, Asst. U. S. Attorney General under U. S. Department of Justice; urged Council to ask for letters listed in Paul Chignell's letter. Ben Young, Belvedere, stated his main concern is how do we make sure this doesn't happen again; there needs to be a way to get some mediation so that Mr. Hartman can present his position and be heard; concerned about due process; like recommendations. Frank Shaw, former Councilmember, stated he had voted against an expenditure for this Task Force; recommended Council review the facts; suggested Council adopt recommendations A and B and open up item C for discussion. Councilmember Ginalski suggested Council adopt recommendations and send letter to Council Counsel and ask for himto go forward and file a declaratory relief action; stated if nobody from the County brings an action, there will be a private Attorney General suit; it will make it more expensive to rectify the situation; Tiburon hasn't done anything improper but we are part of the JP A; explained a declaratory relief is a tool implemented to ask court to review contract and look at rights and obligations of the parties to the agreement. '~ Councilmember Thayer agreed. Councilmember Wolf suggested three changes (1) believes there is an inherent conflict of interest; support the MCIF program but would like the Oversight Committee reconstituted as a true civilian committee, perhaps an elected commission; (2) use of funds clearly defined by the State Attorney General's office, and (3) remove recommendation "c' and replace it with declaratory relief action. Councilmember Thayer agreed with Councilmember Ginalski's recommendations. Vice- Mayor Thompson and Mayor agreed. G. PUBLIC HEARING 9. PRECISE PLAN AMENDMENT (AP. No. 38-011-39, Hexan Subdivision, 8 Cibrian Drive, Request to Amend Building Envelope for New Fence - Resolution) The Associate Planner reviewed the Staff report; the Planning Commission voted to recommend approval of the proposed Precise Plan Amendment with the condition that the fence line be moved up even closer to the existing building envelopes; Staff supports the original design proposed by the applicant which is better related to the existing landscaping and topography of the lot than the alignment recommended by the Planning Commission. ~ The Mayor opened the public hearing. TOWN COUNCIL MINUTES #1029 9/7/94 6 r I Jim and Diane Reed, applicants, stated they revised their original request and asked that the secondary building envelope become a fencing envelope; major reason is concern for children's safety; noted there is an open access to their property from the lower portion that they cannot see from their house; two incidents prompted their request for fencing, i. e. a homeless person found in the brush and recent hillside burglaries in their . neighborhood. Mark Dupre, 15 Cibrian, opposed any changes to the Precise Plan; didn't want a precedent set; disputed letters of support because some were not party to the CC&Rs of the Hexan subdivision. Charles Hartman, 12 Cibrian, noted the original CC&Rs were recorded, but the revised CC&Rs which give secondary building envelopes were not recorded; questioned why the Town was discussing this issue. Steve Scarpa, 6 Cibrian, opposed proposed fencing; suggested use of landscaping. Discussion ensued regarding the oddly configured primary building envelope due to geological constraints on the lower portion of the lot. . . '~ Diane Reed noted the Planning Commission directed them to talk to surrounding neighbors. , The Mayor closed the public hearing. Councilmember Thayer explained the Town has no jurisdiction over CC&Rs and the Council was acting on an application placed before them by a resolution of the Planning Commission and he was prepared to adopt their recommendation. Councilmember Ginalski agreed. Vice-Mayor Thompson disagreed with the proposed location which he felt ~ould bisect the lot; would try to make it less obtrusive; agreed with Stafrs recommendation. Councilmember Wolf agreed that Stafrs recommendation as a nicer, more natural placement, however, was willing to go with the majority. Mayor Nygren suggested reconfiguration of the lot without giving them more area by rearranging the primary and secondary building envelopes. Motion: -- To adopt recommendation of the Planning Commission and Resolution Approving an Amendment to the Hexan Master and Precise Plans to Establish a "Fencing Only" Building Envelope at 8 Cibrian Drive Thayer, Seconded by Ginalski AYES: Ginalski, Thayer, Wolf, Nygren NOES: Thompson Moved: Vote: ~ TOWN COUNCIL MINUTES #1029 9/7/94 7 ~~ - 8. RIDGE TRAIL IMPROVEMENTS (Authorize Survey for Mt. Tiburon Area) The. Town Manager reviewed the Staff report; stated $3,300 would be needed to provide a detailed survey of the missing link; $2,500 would come from the 1993-94 Open Space Designation of Trails and Lanes budget; $800 had previously been allocated for this survey; stated there was no plan to build stairs but identify easements and place trail delineations. Vice-Mayor Thompson stated the Town needed the survey to be recorded at the County and then can figure out the most cost effective way of getting trail done; estimate is $15,000 not including grants and Conservation Corp assistance. Motion: To authorize Bracken & Keane to perform the survey at cost not to exceed $3,300. Wolf, Seconded bx..Ginalski AYES: Unanimous NOES: None Motion: Vote: to. STORM WATER MANAGEMENT & DISCHARGE CONTROL PROGRAM (Ordinance, 1st Reading) ,...., ~' The Town Attorney reviewed the Staff report. Mayor Nygren suggested page 9, 20A-ll 3 the word "development" be defined; page 12 20A-194 additional wording be included to restore wildlife, and page 7 to list pollutants. The Town Attorney suggested the word "development" be changed to "construction"; re page 7, noted "pollutants" are defined on page 4 and specifically taken out of the federal regulation, therefore, he was opposed to changing that definition, and didn't think damage to wildlife needs to be addressed because other enforcement methods are available and not exclusive. Motion: Moved: Vote: To read by title only. Thompson, Seconded by Thayer AYES: Unanimous NOES: None The Mayor read AN ORDINANCE OF THE TOW~ COUNCIL OF THE TOWN OF TIBURON ADDING A NEW CHAPTER 20A TO THE TIBURON MUNICIPAL CODE THEREBY ADOPTING A STORM WATER MANAGEMENT AND DISCHARGE CONTROL PROGRAM ~ ..! TOWN COUNCIL MINUTES #t029 9/7/94 8 r' - Motion: Moved: Vote: To pass first reading of the aforementioned ordinance. Thompson, Seconded by thayer AYES: Ginalski, Thayer, Thompson, Wolf, Nygren NOES: None 11. HOUSING ELEMENT OF THE GENERAL PLAN AMENDMENT (Resolution) The Planning Director reviewed the Staff report. Motion: Moved: Vote: To adopt Resolution Certifying a Negative Declaration and Amending the Housing Element of the General Plan Thompson, Seconded by Thayer AYES: Unanimous NOES: None 12. PARKS & RECREA'I1ON ELEMENT OF THE GENERAL PLAN AMENDMENT (Resolution) Council waived the Staff report. Motion: ~ ~ Moved: Vote: To adopt Resolution Certifying a Negative Declaration and Amending the Parks & Recreation Element of the General Plan Thompson, Seconded by Ginalski AYES: Unanimous NOES: None H. NEW BUSINESS 13. LYFORD'S HYGEIA ROADS AND LANES (Belvedere/Tiburon Landmarks Society Request for Historic Designation) Council waived Staff report. The Town Manager stated the Landmarks Society is sending a message they are opposed to closing roads. Council briefly discussed the item, and agreed to refer the matter to the Heritage & Arts Commission for their review, but this referral doesn't state Council agrees with the proposal; request the Commission to address concerns expressed in the Staff report. 14. VISTA TIBURON (Consider Concept of Future Street Dedication) Mayor Nygren stepped down because her residence is within 300' of the project. JII .. TOWN COUNCIL MINUTES #t029 9 9/7/94 "" I Discussion ensued regarding acceptance of the streets which would require the Town's standards; public access to pedestrian pathways; need for trail to open space. Staff directed to notify owners the Town was willing to discuss the issue. I. STAFF AND TOWN MANAGER REPORTS Belvedere Volleyball Challenge (September 25) - Informational Town Council Workshop/Retreat (September 17) - Informational Town Newsletter will be mailed the week of October 10. Pine Terrace parking referred to Traffic Safety Committee. The Town Manager reported Bceipt of the $30,000 check to be used for Blackie's Statue; Council directed him to send a letter and upon receipt of response to release the check to the Tiburon Peninsula Foundation. J. ADJOURNMENT ~ There being no further business before the Town Council of the Town of Tiburon, Mayor Nygren adjourned the meeting at 12:40 A.M., Thursday, September 8, 1994, to 7:30 A.M., Thursday, September 8, for the Tiburon & Belvedere Council Workshop with the New Library.Governance Committee. ATTEST: N ~j~~~ THERES M. NNESS, TOWN CLERK ~ TOWN COUNCIL MINUTES #1029 9/7/94 to