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HomeMy WebLinkAboutTC Min 1994-12-05 - TOWN COUNCIL MINUTES CALL TO ORDER Mayor Nygren called the adjourned meeting of the Town Council of the Town of Tiburon to order at 7:35 PM, Monday, December 5, 1994 in the Town Council Chambers, 1101 Tiburon Blvd., Tiburon, CA 94920. A. ROLL CALL PRESENT: COUNCILMEMBERS: Ginalski, Thayer, Thompson, Wolf, Nygren EX-OFFICIO: Town Manager Kleinert, Town Attorney Ewing, Town Engineer Mohammadi, Planning Director Anderson, Finance Director Stranzl, Minute Clerk McVeigh B. APPOINTMENTS TO COMMISSIONS. BOARDS. COMMITTEES There were none. /~ C. PUBLIC OUESTIONS AND COMMENTS Mirella Abbo, 90 Rowley Circle, urged the Council to maintain its tradition of the top vote-getter in the election be appointed Vice-Mayor. D. COUNCIL. COMMISSION OR COMMITTEE REPORTS MARIN HAZARDOUS AND SOLID W ASTEJt JPA BOARD MEETING HELD NOVEMBER 28, 1994 Mayor Nygren reported on the subject meeting. This newly formed Board has not established a sense of trust between each other. All members do agree that the State mandated diversion requirements will be difficult for each community to comply with by themselves and that a JPA is necessary. Tiburon must meet the mandated 50% diversion requirement by the year 2000. Tiburon currently is at 24-25%. She reported on the heavy fines if the Town does not meet its mandate. She noted the Town must work with the Chamber of Commerce and the downtown community. The JPA must hire a new administrator and find facilities to house the administrative offices. Davis Company, consultant, has set a target date of July 1995 to find administrator and offices. /'-- TOWN COUNCIL MINUTES #1037 12/05/94 I 1'..... TffiURON'S 1995-96 TDA GRANT AWARD FOR BLACKIE'S PASTURE Vice Mayor Thompson reported that tomorrow morning the Board of Supervisors has on their consent calendar approval of the 1995-96 TDA grant awards of which Tiburon has qualified for $33,000. This money is in addition to the $36,000 awarded for 1994-95 and will be for construction of parking lot areas, road work and bike way improvements in Blackie's Pasture. Councilmember Ginalski reported he spoke with Barbara Salzman regarding the revised Phillip Williams marsh plan. The revised "charge" has been circulated to the Town Council, Parks & Open Space Commission and Blackie's Brigade and he has requested their comments by December 15, 1994. E. CONSENT CALENDAR MOTION: to approve the Consent Calendar consisting of: 1. 2. FAX EQUIPMENT (Authorize Purchase of New Fax Machine) "ENOUGH IS ENOUGH" CAMPAIGN (Proclaim December 15 as "Enough is Enough Day" in Conjunction with Via com and MTV) CERTIFICATION OF NOVEMBER 8, 1994 MUNICIPAL ELECTION "MEASURE I" - Resolution) 3. ,~ Moved: Vote: Thayer, seconded by Thompson AYES: Unanimous F. PUBLIC HEARING 4. RESIDENTIAL BUILDING RECORDS (Amend Ordinance, 2nd Reading and Adoption) Town Attorney Ewing reported this matter is agendized for second reading and adoption of the subject ordinance. First reading was approved on November 16, 1994. Mayor Nygren opened the public hearing. Being no response Mayor Nygren closed the public hearing. MOTION: Moved: Vote: to read by title only Thayer, seconded by Nygren A YES: Unanimous "'~ TOWN COUNCIL MINUTES #1037 12/05/94 2 ~- Mayor Nygren 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". MOTION: Moved: Vote: to adopt second reading Thayer, seconded by Thompson AYES: Ginalski, Thayer, Thompson, Wolf, Nygren 5. CORINTHIAN ISLAND STAIRS (Property Owner's Appeal of Building Official's Decision Requiring Repair of Stairs) /- Town Attorney Ewing reported this item is an appeal of the Building Official's order to repair or abate the dangerous conditions of the Corinthian Island stairs. The order was sent to the presumed owners of the stairway. The order was appealed by Don Fisher. He then reviewed a map showing the stairway and ownership of easements that the stairway runs through. The stairway runs through easements owned by the Town of Tiburon, Mr. Swift, Ms. Rosenswig, Mahoney, Morey and Fisher. After completion of the Town's survey last week two more owners were discovered, Maso and Investigation Medica Internacional. He noted there are three issues, 1) what needs to be done to abate the hazard, 2) who is responsible for those actions and 3) when must those actions be completed. In regard to what needs to be done, the stairs can either be repaired, removed, or adequately close off the affected portion of the stairs so they cannot be used. He noted at least one home off Eastview has sole access via the stairs, so that portion from Eastview to the home would have to be preserved. He noted closure of the stairs would mean the loss of public access, which has historically been used by many residents of Corinthian Island. Ewing noted that once a decision is made as to what will done to abate the nuisance, the matter of who is responsible for the cost needs to be addressed. The Building Official's order is to see the hazard is abated by the owners of the structure and not determining how the hazard was created. He reviewed options for responsibility for cost of abatement. The costs could be borne by all owners of any portion of the stairs; by owners of the damaged portion of the stairs; by the Town; or by residents of Corinthian Island. Ewing reported that once the Council determines what must be done and who must pay, a time frame must be established. If the hazard is not abated within the time frame, the Town would be able to pursue legal remedies and have the nuisance abated. Dean Bloomquist, Building Official, noted the Fire District accesses the homes on 49, 73, 71 and 69 East View from the Stairs and would not find it acceptable to close the stairs. He responded that the Bank Building cannot be used as a retaining wall, the stairs need to be supported individually. In response to Vice Mayor Thompson, Bloomquist noted 59 Eastview is solely accessible by the stairs. ,,~ TOWN COUNCIL MINUTES #1037 12/05/94 3 ,"" Council discussed that no one really knows who built the stairs and that they have never been dedicated to the Town. Mayor Nygren opened the Public Hearing. Dr. George Swift representing himself and Alice Rosenswig stated he spoke to the Mahoney's and the Mahoney's indicated they know they are responsible for the repairs. He noted that "Nanny Goat" Lane is a public thoroughfare and not a sidewalk and existed before February 1910; feels the lane belongs to the Town as it is a public thoroughfare not a private sidewalk; offered to deed interest in the easement to the Town for $1; felt the Town has set a precedent by installing the retaining wall at South of the Knoll and various other repair projects undertaken by the Town. He feels the Town has the facilities and means to repair the stairway at a fraction of the cost. He then reviewed California Civic Code Section 832 which states it is the downhill property owner's responsibility to build a retaining wall so erosion does not occur, and in this case that would be Mahoney and Morey. He noted he is interested in cooperation and not litigation and urged the Council to take over the steps, repair them and maintain them in the future. Mayor Nygren questioned if the stairway is a street as suggested by Dr. Swift? Town Attorney Ewing responded he did not agree with that position. /~ Mayor Nygren questioned if the down hill owner is responsible for retaining the soils? Attorney Ewing responded that general principal provides that the downhill owners provide lateral and adjacent support for up hill owners. Mayor Nygren questioned if the Town could make the needed repairs? Attorney Ewing stated the Public Works Department is not in a position to do so,and generally only does minor carpentry. Councilmember Wolf questioned if the Fire Department says the stairs must be kept open, can they be closed at the bottom and left open at the top? Mr. Don Fisher, 73 Eastview, stated the Town should not even consider closing the stairs; during the summer the stairs are a integral part of the downtown area and noted he would be willing to pay for a portion of the repairs, but feels the repairs should not cost $50,000. Mr. Settley, insurance company representative for Dr. Swift, questioned how the Town would classify "Nanny Goat" lane? Attorney Ewing responded, privately owned parcels with stairs on it. Mr. Settley then questioned if there is any reason why the steps could not be removed. Ewing responded the Fire Department may have some concerns and Corinthian Island residents could enforcement prescriptive rights. /'--- TOWN COUNCIL MINUTES #1037 12/05/94 4 ~- Paul Grothe, 53 East View, read a letter and noted there is a fire and safety issue and feels the walkway should be repaired immediately. Mayor Nygren closed the public hearing. Councilmember Ginalski recommended that the various owners of the steps meet with Staff to see who owns what and consider a benefit assessment district. He noted the stairway should remain open but the Town does not want responsibility for the stairs. Councilmember Wolf noted that a benefit assessment district would require 75% approval of the property owners. Councilmember Thayer agreed with Councilmember Ginalski, and recommended the Fire District attend the next Council meeting to explain their position on closing the stairs. Staff was also requested to obtain a finn cost on the repair of the stairway. 6. HERITAGE & ARTS COMMISSION a. Consider Commission's Recommendations Regarding Town's Policy of Naming Streets, Parks, Projects, etc. /~ Heritage & Arts Commission Chair Janet Braff reviewed the Commissions' recommended revisions to the Town's Naming Policy which would allow naming of Town streets, parks, etc. after people providing "outstanding public service". MOTION: Moved: Vote: to accept the new naming policy Thompson, seconded by Ginalski AYES: Unanimous b. Approve Downtown Guide Funding & Distribution Janet Braff noted the preliminary downtown walking tour guide is finished. She noted that it will cost approximately $1,000 to reproduce the guides. The Heritage & Arts Commission will contribute $500 so an additional $500 is needed to complete the project. Diane Ashley, President of the Chamber of Commerce, invited the Heritage & Arts Commission to attend their next board meeting and seek funding from the Chamber. Council approved $500 towards the downtown walking tour guide and would support additional funding if needed. 1"""' TOWN COUNCIL MINUTES #1037 12/05/94 5 ,- 7. POLICE AND ADMINISTRATION BUILDING Town Manager Kleinert reported since the failure of Measure I, there has been signifi~ant discussion about resubmitting the measure to the electorate in March or June 1995. There is currently not enough time for resubmittal for the March 1995 election. Council at their November 16 meeting agreed to consider (a) a phased approach for implementation of the Ned's Way Police and Administration Building and deferring the Council Chambers and Joint Recreation Offices; (b) possible alternative financing options which could perhaps eliminate the need for a Town parcel tax; and (c) Downtown, no tax alternative, proposal with new Police facilities at Ned's Way and Tiburon Blvd. A committee headed by Bruce Ross was directed to present their detailed project plans and proposed financing for the Downtown plan for the Council's and public's consideration in January 1995. Manager Kleinert reported that Eric Glass, architect, has analyzed the phased approach with reduced parking would save $530,000. To add the Council Chambers, Joint Recreation Department and parking at a later date would cost approximately $600- 700,000. He noted that with the phased approach $1,278,000 would still have to be raised to finance construction. Staff still recommends an increase in property transfer tax /-, Dick Hinkel, 2 Malvino, questioned if an EIR for any development on the Ned's Way property that is sold to subsidize the Town Hall building elsewhere would be required? He questioned if the School District is asked to relinquish their rights to the easement in order to construct the police building at Ned's Way, would there be any cost? He feels the Town should not consider any plan with shared parking. He expressed concern that the Library Committee does not own the property for the building at this time. If the land where the library is supposed to go does not become a library, consideration of the downtown plan may involve transfer of parking rights, and the property between Home Saving and the Safeway store was eannarked for senior housing. Bob Holmes, Marin County Board of Realtors, responded that increasing the real property transfer tax is illegal for General Law Cities. He opposed raising this tax for the purpose of building a new Town Hall. He feels it is like making a seller pay for a new Town Hall that they will no longer be around to use. He urged the Town to consider another source of funding for the Town Hall construction. He noted the Board of Realtors would be willing to work with the Town to find alternative funding sources. Mayor Nygren closed the public hearing. Councilmember Ginalski stated that he was surprised that there was not going to be any discussion of the split downtown plan this evening. He recommended another meeting, perhaps December 14 in which the following issues of the downtown plan !'-- TOWN COUNCIL MINUTES #1037 12/05/94 6 r could be responded to and discussed. (1) Need to study parking analysis on the downtown split portion of this plan; (2) Stan Bala's site plan; (3) conceptual program for the elderly care housing; (4) Police building layout; (5) invite representatives from the Child Care center, School Board, Library Committee and see who they stand on the proposal; (6) a presentation by Mr. Zelinsky on how be plans to transfer the property. He expressed concern that more residents have seen the plan than Councilmembers. Ginalski suggested that Staff should put together the property transfer tax increase and file a suit in court to have the court determine the constitutionality of the tax increase. Councilmember Wolf noted that Bruce Ross will not be ready to present the complete, debugged plan, by December 14th. She noted she will be out of Town on that date. She noted that presentation of the plan on January 4, 1995 will allow the public six weeks to review the plan. She feels that Council is attempting to rush this plan. Councilmember Thompson agreed that the downtown plan will not be ready for review on December 14. He noted his surprise that the phased Ned's Way approach would only save $530,000 and feels it should be done all at once if the site is used. Ginalski urged that the meting of the 14th go forward with the analysis of the parking issue and invite members of the affected group to come and speak. ,~ Ma'yor Nygren stressed that the other members of the Council should be brought in on the downtown plan so they can work together. She questioned what use permits would need to be revised to implement the downtown plan; will the Town have to change its downtown parking and zoning program; how is this particular property zoned and what kind of general plan amendment will be needed; need traffic analysis for Mar West; where will the parking designated for Angel Island be relocated; are the two buildings going to be built at the same time; who will pay for traffic circulation improvements for the new police building, or a new signal at Mar West; if senior care facilities are built at the Ned's Way site, how will it affect the Community Garden? Councilmember Wolf noted that it is unfair to look for answers to potential problems before the entire plan is presented. It was the consensus of the Council to schedule a meeting for December 13, 1994 to review the site and circulation plan and invite members of the school Board, Child Care Center and Library Committee for their comments on the downtown plan at this point. ,/~ TOWN COUNCIL MINUTES #1037 12/05/94 7 ",- 9. STREET SWEEPING AND STORM DRAIN MAINTENANCE SERVICES (Approve Contract with Mill Valley Refuse Services and Authorize Costs Pro- Rated to Residential and Commercial Rate Payers) Finance Director Stranzl reviewed the proposal from Mill Valley Refuge to provide the Town with street sweeping and stonn drainage maintenance services. Residential streets would be swept once a month and commercial areas twice weekly. The annual cost of such services is $51,455. These services will be funded by a $1.03 allocation to residential accounts and $8.90 per month for commercial accounts. Councilmember Wolf stated she would like the amount of money saved by the Town by contracting out these services to be dedicated to things of high priority to the Town citizens, i.e. street maintenance. MOTION: Moved: Vote: ,~ to accept the contract proposal of Mill Valley Refuse Company to perfonn street sweeping and stonn drain maintenance service in Tiburon, and authorize Staff to execute the contract and accept the proposed rate allocations, which apportions costs based on service activity in the residential and commercial areas respectively Thompson, Seconded by Thayer A YES: Unanimous 10. MILL VALLEY REFUSE SERVICE QUARTERLY PICK-UPS Town Manager Kleinert reviewed to proposal to change the four quarterly trash pick ups from two yard waste and two mixed trash to three yard waste and one mixed trash. He noted the basis for this change is that many residents prefer not to hold on to their yard waste for long periods of time or until the next appropriate pick-up. Instead they dispose of the yard waste along with their regular weekly garbage pick- up which then ends up at the landfill. MOTION: Moved: Vote: to approve three yard waste and one mixed trash Thompson, Seconded by Wolf A YES: Unanimous 11. STATE DIVERSION OF LOCALLY GENERATED REVENUES TO SUBSIDIZE STATE FUNCTIONS (Formal Objection to State's Continued Property Tax Shift to Subsidize State Budget - Resolution) MOTION: Moved: Vote: ,/'~ to adopt the resolution objecting to the diversion of locally generated revenues to subsidize the State of California's Functions Wolf, Seconded by Thayer AYES: Unanimous TOWN COUNCIL MINUTES #1037 8 12/05/94 .-- I. COMMUNICA TIONS 12. Letter from State Department of Housing and Community Development to Town Manager dt'd 11/18/94 (Tiburon's Housing Element) The Town Council acknowledged receipt of the letter. 13. Letter to All California Cities and League Board of Directors (Establish A City Legislative Delegate Program) Mayor Nygren will represent the Town of Tiburon. J. STAFF AND TOWN MANAGER REPORTS 14. B. Meghnaigi Complaints Regarding 80 Pine Terrace (Status Report & Recommendations) /- Town Manager Kleinert reviewed the complaints of Ms. Meghnaigi against the property owner's of 80 Pine Terrace. Both property owners spoke on the matter and they accepted Staff's recommendation that the issues are not violations of Town codes or regulations and they are more of a civil or private issue between the neighbors and that no further Town action will be taken. Staff will have the street light lowered and light deflectors installed. 15. Tiburon Peninsula Disaster Exercise (Summary of November 30 Table- Top Exercise) The Town Council accepted the report. K. CLOSED SESSION Council convened to a Closed Session at 12:05 AM. /~ TOWN COUNCIL MINUTES #1037 12/05/94 9 - ".- ~- L. ADJOURNMENT Being no further business of the Town Council of the Town of Tiburon the meeting was adjourned at 12:15 AM, Tuesday, December 6,1994 to Wednesday, December 7, 1994 at 3:00 PM. ATTEST: R d-- KAREN NYGREN, CM4fM-~ THERESE M. HE ESSY, TO ERK TOWN COUNCIL MINUTES #1037 12/05/94 10