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Home My WebLink AboutTC Min 1994-10-05 r 1 TOWN COUNCIL MINUTES CALL TO ORDER Mayor Nygren called the regular meeting of the Town Council of the Town of Tiburon to order at 7:35 P.M., Wednesday, October 5,1994 in Council Chambers, 1101 Tiburon Blvd., Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Ginalski, Thayer, Thompson, Wolf, Nygren ABSENT: COUNCILMEMBERS: None EX OFFICIO: - Acting Town Manager/Town Attorney Ewing, Town Engineer Bala, Police Chief Herley, Planning Director Anderson, Finance Director Stranzl, Town Clerk Hennessy B. APPOINTMENTS TO COMMISSIONS BOARDS. COMMITTEES f"'" l There were none. C. PUBLIC OUESTIONS AND COMMENTS Robert Marks, San Rafael, wished to make comments on letter from City of Novato regarding Hamilton Air Force Base. The Mayor directed that he wait till the end of the agenda when the item was scheduled. D. INTRODUCE NEW POLICE OFFICER Steve Hovanesian was unable to attend due to family illness. E. COUNCIL. COMMISSION OR COMMITTEE ORAL REPORTS There were none. F. CONSENT CALENDAR The Town Attorney requested Council consider agendizing a Resolution Endorsing Placement of the Peter Donahue Building on the National Register of Historic Places; this Resolution needed to be submitted this week. Jr i..._ TOWN COUNCIL MINUTES #1031 10/5/94 1 ,-. I Motion: To agendize Resolution Endorsing Placement of the Peter Donahue Building on the National Register of Historic Places on the Consent Calendar Thayer, Seconded Ginalski AYES: Unanimous Moved: Vote: Item 13, moved to the Consent Calendar. MOTION: To approve the Consent Calendar consisting of the following items: la. RESOLUTION ENDORSING PLACEMENT OF THE PETER DONAHUE BUILDING ON TIlE NATIONAL REGISTER OF HISTORIC PLACES 1. APPROVAL OF MINUTES #t030, September 21,1994 2. INVESTMENT SUMMARY REPORT (August 1994) 13. PROPOSITION 188 (Philip Morris Initiative Comparison to Marin County Smoking Laws and Califoriiia Law - Resolution) Moved: Vote: Thayer, Seconded by Thompson AYES: Unanimous NOES: None ABSTAIN: Nygren (Minutes) r~ G. NEW BUSINESS 4. TOWN COUNCIL MEETING TIME LIMITS (Consider Setting Time Limits- Resolution) Item moved to end of the agenda. 5. EMERGENCY SERVICES COORDINATOR (Consider Appointing Emergency Services Coordinator Volunteer) The Acting Town Manager requested this item be continued to October 19 at the request of the Fire District. Council agreed. The Mayor requested that Judy Bloch be asked for comments regarding the Volunteer Coordinator position. H. UNFINISHED BUSINESS 6. FERRY SERVICE - ANGEL ISlAND (GGBHTD Proposed Ferry Service From Larkspur to East Garrison-Angel Island) t~ Vice-Mayor Thompson reviewed history of the proposal. Councilmember Ginalski reported they had met with representatives of the GGBH&TD, the McDonogh family and Chamber of Commerce. The Ad Hoc Committee asked the Bridge District what TOWN COUNCIL MINUTES #1031 10/5/94 2 r"' 1- criteria did they have in place to measure the success or failure of the proposed services; they had none. He stated they asked the District who wOJ,lld their customers be and they weren't sure but thought they would come from north of Larkspur and school children. Councilmember Ginalski stated that they asked what sort of guarantee the Town of Tiburon would have a year from now after a trial service if there is an adverse effect, and he stated they were not concerned with that aspect. It was noted that Ken Leigh, Department of Parks stated his goal was to increase the park's ability to provide access to this park land; want to double patronage in a year; thought having a ferry run from Larkspur would be a step in that direction; stated they were also talking to people in Alameda; stated the East Garrison needs to be brought up to ADA requirements; stated the Park Service is trying to find other sources of funds to make it ADA accessible. In response to Councilmember Thayer, Vice-Mayor Thompson stated the Bridge District is not interested in discussing triangular fares; stated they want to double the patronage; there were no studies done on how to achieve this goal. Councilmember Ginalski state they had a large marketing budget and there would be an effort to target school groups; stated they emphasized that Tiburon would like to see expanded services from the East Bay; noted that even if Tiburon opposes the proposal, the District might still approve it. r-- Annalees Atchley, 32 year teacher, read letter opposed to State subsidized ferry; supported family owned Tiburon ferry; noted schools from Sonoma and East Bay use the Tiburon ferry now. Bill Atchley, 1721 Mar West, 40 year resident, stated this is not demand driven but profit driven market. Richard Hinkel, Malvino Court, noted people throughout the County will be subsidizing the GGBH&TD ferry. Don Batten showed a poster listing SAIL - Save Angel Island Lifeline. John Accurso, Safeway Assistant Manager, stated he felt this proposal was a threat to the greater business community and read letter to Council expressing their position. Bill Atchley noted the Tiburon ferry is also an exit from the Peninsula in the event of emergencies. Ed Zelinsky, Main Street Properties, noted the Town's parking lots have not been filled the past three years. t~ Dian Ashley, resident and President of the Chamber of Commerce, presented Council with letters from Brian Wilson and St. Germain's which she read, and petition signed by hundreds opposing the Larkspur ferry, and quoted from a 1988 letter from Carney TOWN COUNCIL MINUTES #1031 to/5/94 3 r- 1- Campion which stated "In consideration of the concerns expressed by Mr. McDonogh and the small financial gain that the District would realize from the operation, it is recommended that no further action be taken to implement this service at this time"; urged Council to oppose the proposal. Margaret McDonogh, Angel Island Ferry, asked Council for their support and thanked them for their efforts. Councilmembers expressed their concerns that the Bridge District has no plans to respond to any adverse impacts on Tiburon; concerns that people in Sacramento, the Bridge District and concessionaire have different views of what's best for Angel Island; concerns about elephant trains and concerts; the lack of evidence the District will fmd new business and not take away existing business from the Tiburon Angel Island service; criteria to measure success or failure hasn't been established; concerns that the proposed service will run at a deficit; some assurance from the District that the bridge toll payers won't have to pay a big hit. ~ The Mayor suggested the Tiburon ferry service do some studies of where people are coming from and how they are getting to Tiburon; wondered if the park service does double capacity of Angel Island, will Tiburon have hoards of people trooping through Tiburon and is there a point where we ask how much can we handle; have to be prepared. [-- Motion: To direct Staff to prepare correspondence to set forth the position that at this point the Town does not support the proposed service between Larkspur Landing and Angel Island. Ginalski, Seconded Wolf AYES: Unanimous Moved: Vote: J. COMMUNICATIONS 11. Memo from City of Novato Re Letters to Request Release of Hamilton Air Force Base Robert Marks reviewed his background in other toxic waste projects; stated original Hamilton Plan showed apartments on a toxic site; stated current plans show a playground on toxic site; stated they have capped the toxics and do not plan to remove them; asked Council to look into the issues. Council concurred that legal action would be taken if there weren't a proper clean-up, and agreed to send draft letter with minor revision. t~ TOWN COUNCIL MINUTES #t031 10/5/94 4 I...... t 12. Letter and JPA Proposal from New Belvedere-Tiburon Library Steering Committee, (Status Report and Proposed JPA between Tiburon & Belvedere) The Acting Town ManagerfTown Attorney stated the proposed JPA is patterned after the Joint Recreation Committee's basic format; stated the JPA is the first step to defIne the relationship between the joint body and the County; stated Belvedere has supported the concept and supported the Committee working with the County; Staffs recommendation is to accept the report, consider whether to support the concept of the Committee moving forward. The Acting Town Manager/Town Attorney stated one of the options discussed with the County might change boundaries and another was to consider deannexing from the County Library system. . There was a general discussion regarding a Mello-Roos District. - Margaret Jones, Library Committee, stated they would like to combine the strengths and advantages of a County Library and a community based library; the hybrid is a way to combine funds from the library tax, local Mello-Roos District and donated funds through the foundation; open to alternatives. [' Chuck Auerbach, library Committee, explained the difference between the county and local libraries. Sue Morris, Library Committee, enthusiastically explained the function of the Governance Committee; noted the successful model of the Joint Recreation Committee; encouraged Council to support the proposed concept; stated the JP A would set up a Governance Board that would administer funds, govern the bond issue and levy tax; the County would not be included in that aspect; deannexing from the County is not part of the current discussion; stated they have raised over $1 million and feel if they raise over $3 million they have to be responsible to these people. Margaret Jones noted a Steering Committee is not a legal entity; stated a JP A has to be created before anything else takes place; stated it doesn't cost the Town anything to create the JP A and will allow them to explore what can be done. The Acting Town Manager/Town Attorney noted both Managers feel there needs to be discussions with the County before entering into a JPA In response to Councilmember Thayer, Carol Forell, member of the Governance Committee, stated they have set up a foundation to collect the monies they raise; the Steering Committee would continue fund raising actions; the library Board would be in control of the money raised by the Mello-Roos tax; would also like County services. t~ TOWN COUNCIL MINUTES #t031 10/5/94 5 ~ l There was a brief discussion regarding any restrictions on the sale of the Mar West property. The majority of the Council supported the concept of a Joint Powers Authority regarding the library if other problems can be worked out. I. PUBLIC HEARING 8. RECYCLABLE MATERIALS (Areas for Collection & Storage of Recyclable Materials - Ordinance, 2nd Reading) Council waived reading the Staff report. The Mayor opened the public hearing. There being no comment, the Mayor closed the public hearing. Motion: To read by title only. Moved: Thayer, Seconded by Thompson Vote: AYES: Unanimous The Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADDING A NEW CHAPTER 16C TO THE TIBURON MUNICIPAL CODE RELATING TO AREAS FOR COLLECTING AND LOADING RECYCLABLE MATERIALS IN DEVELOPMENT PROJECTS. r Motion: Moved: Vote: To adopt the aforementioned ordinance. Thayer, Seconded by Ginalski AYES: Ginalski, Thayer, Thompson, Wolf, Nygren NOES: None 9. BUSINESS UCENSE ORDINANCE (Amend Ordinance, 1st Reading) The Finance Director reviewed the Staff report. The Mayor opened the public hearing. There being no comment, the Mayor closed the public hearing. Motion: To read by title only. Moved: Thayer, Seconded by Thompson Vote: AYES: Unanimous ~~ The Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING PROVISIONS OF CHAPTER 4 OF THE TIBURON MUNICIPAL CODE ADDING ADMINISTRATION FEES FOR BUSINESS LICENSES, REQUIRING BUSINESS UCENSES FOR RENTALS OF SINGLE FAMILY HOMES AND INCREASING BUSINESS UCENSE FEES FOR SOUCITORS. TOWN COUNCIL MINUTES #t031 to/5/94 6 I'"" I Motion: Moved: Vote: To pass first reading of the aforementioned ordinance. Thompson, Seconded by Thayer AYES: Ginalski, Thayer, Thompson, Wolf, Nygren NOES: None 10. RESIDENTIAL BUILDING RECORDS (Amend Ordinance, 1st Reading) The Town Attorney reviewed the Staff report; noted the revisions give more authority to the Building Official. The Marin Board of Realtors were notified of these proposed changes but no one was in attendance. The Town Attorney noted the Building Official currently uses the authority of the Uniform Building Code to request certain compliances. Councilmember Ginalski noted that all compliance requests should be completed before close of escrow. Motion: Moved: Vote: ~- To read by title only. Thayer, Seconded by Thompson AYES: Unanimous The Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REPEALING CHAPTER 13A OF THE TIBURON MUNICIPAL CODE AND ADDING A NEW CHAPTER 13A REQUIRING RESIDENTIAL BUILDING REPORTS ON THE RESALE OF BUILDINGS. r Motion: Moved: Vote: . To pass first reading of the aforementioned ordinance. Thompson, Seconded by Ginalski AYES: Ginalski, Thayer, Thompson, Wolf, Nygren NOES: None G. NEW BUSINESS 4. TOWN COUNCIL MEETING TIME LIMITS (Consider Setting Time Limits - Resolution) Councilmember Thayer stated he strongly opposed anything that procedurally cuts off participation from the audience; stated the way to run meetings effectively is though the Chair; Manager and Staff need to take a look at spreading agenda items; stated the Council has always had a ground rule to get the meeting over by 11 P.M.; strongly opposed a resolution. The Mayor agreed. Vice-Mayor Thompson agreed the meetings can be controlled by the Chair. The item was tabled. t- TOWN COUNCIL MINUTES #1031 7 10/5/94 r' I H. UNFINISHED BUSINESS 7. 1994-95 BUDGET (Final Fiscal Year 1993-94 Fund Balances and 1994-95 Operating Budget Adjustments - To Be Submitted by Finance Director) The Finance Director reviewed the Staff report; noted the Town received $150,000 from Taldan Corp.; and, a refund from the State for approximately $62,000. The Mayor requested Staff prepare a thank you letter for Assemblywoman Bronshvag. Councilrnember Wolf questioned PERS contribution in the Police Department budget, and the Finance Director will research and respond. The Finance Director to update the final balances and the 1994-95 Operating Budget Adjustments was continued to the next meeting. M K. STAFF AND TOWN MANAGER REPORTS . Town Council Workshops Design Review Board was set for November 15. Staff to determine if November 3 is a good date for the Planning Commission. r~ . FAR Exception - 8 Hillcrest Drive - 32 sq.ft. Informational item. . False Alarm Ordinance Councilmember Wolf noted the Citizens Operational Review Committee's recommendation for false alarms was to charge $17.50 for each with no limits and no penalties; questioned due to the complexities of the current ordinance whether it is cost effective. The Mayor noted many other cities have similar systems and they were happy with them. The Police Chief stated they have ironed out the bugs in the system and have sent some to collection agencies. Council decided to review the ordinance in six months. . Business License Program (Progress Report Regarding Identification of New Home Occupations) Informational item. r~ TOWN COUNCIL MINUTES #1031 to/5/94 8 ,- HOLIDAY PARTY I The Council agreed the Holiday Party should be at Dynasty on December 6. DONAHUE BUILDING The Town Attorney noted the Recreation Department evacuated the Donahue Building because of nausea and headaches. In the interim, they are working at Town Hall. ~ CLOSED SESSION There being no further business before the Town Council of the Town ofTiburon, Mayor Nygren adjourned the meeting to Closed Session to discuss litigation and real estate. L ADJOURNMENT - There being no further business before the Town Council of the Town of Tiburon, Mayor Nygren adjourned the meeting 11:45 P.M. sine die. ~ L ~ 41Y'GRFR ATTEST: THERESE M. HENNESSY, T CLERK !.." TOWN COUNCIL MINUTES #t031 to/5/94 9