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HomeMy WebLinkAboutTC Min 1996-01-03 ~ f' r l~ -. TOWN COUNCIL MINUTES CALL TO ORDER Mayor Wolf called the regular meeting 'ofthe Town Council of the Town of Tiburon to order at 7:32 P.M., Wednesday, January 3, 1996, in Council Chambers, 1101 Tiburon Boulevard, Tiburon, California. A. ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: EX OFFICIO: Ginalski, Hennessy, Thayer, Thompson, Wolf None Town Manager Kleinert, Town Attorney Sharp, Chief of Police Herley, Planning Director Anderson, Finance Director Stranzl, Town Engineer Moharnmadi, Town Clerk Crane B. ANNOUNCEMENT OF CLOSED SESSION ACTION None, C. PUBLIC OUESTIONS AND COMMENTS None, D. INTRODUCTION OF TOWN EMPLOYEE ChiefHerley introduced new Public Safety Clerk Laurie Nielsen, who initially started with the Department over six years ago as part of the "Explorer" program. E. SPECIAL RECOGNITION ChiefHerley recognized and commended Police Officer Erin Inskip for saving the life of an elderly gentleman through timely administration of CPR. F. CONSENT CALENDAR Councilmember Hennessy requested that Item #8, Resolution rescinding previous resolution requiring curb and gutter deposits on new homes, be moved to Consent Calendar. Council concurred. 1. Approval of Town Council Minutes #1071, December 6, 1995; #1072, December 11, 1995; & #1073, December 26, 1995. 2. False Alarm Ordinance - Resolution establishing fees and penalties. TOWN COUNCIL MINUTES #1074 January 3. 1996 ~ . ~ . MOTION: Moved: Vote: To Approve Consent Calendar Thayer, Seconded by Thompson AYES: Unanimous G. UNFINISHED BUSINESS 3. New Library ~ Lease or Sale of Property to Library Agency. Town Attorney Sharp recommended conveyance of the property due to the unique circumstances of the library situation. He said that even though the draft lease contained indemnification language pertaining to the construction project and potential contractor and third-party claims, it would be more expeditious to grant access and control to the Library Agency, and to add language to the grant concerning exclusive use and reversion, if violated. Councilmember Thayer asked if that meant there could be no claims against the Town unless reversion occurred. Attorney Sharp affirmed. Councilmember Ginalski asked about the tax implications, ifany, of sale vs. lease. Attorney Sharp said he would look into the issue. During public hearing, Alan Littman urged the Council take action before the scheduled ground breaking in the Spring. ~ Hearing returned to Council. ~ ~ Councilmember Thayer said Attorney Sharp had made a sound case, and recommended that a subcommittee work out the terms of the conveyance, Councilmember Thompson said he and Mayor Wolf would reconvene the subcommittee, Council directed Attorney Sharp to draw up the conveyance, present it to the Library Agency, and return to Council at the next meeting for approval. 4. Green Can Trial Program. Finance Director Stranzl said the Town had received 33 responses concerning extension of the program--21 favorable, 9 unfavorable, and 3 undecided. Town Manager Kleinert said that staff totally supported the implementation of the program town-wide, and that Old Tiburon/Lyford's Cove Homeowner's Association now supported the program as well. Rick Powell, Mill Valley Refuse Service, said the company had received 210 responses from a mailing of300 questionnaires at the end of the three-month trial period: 170 answered affirmatively to all questions concerning the program. He said MVRS was willing to add two options to the ongoing program: 1) a customer could put out 3 bundles instead ofa can; or 2) customer could use a smaller [32-gallon] can and put out two bundles. TOWN COUNCIL MINUTES #1074 January 3, 1996 2 ~ I ~ ~ ~ Mr. Powell said that 60% of Marin County and 50% of Sonoma now uses Green Cans. He said it was an effective program and that MVRS had brought it to the Town to help the Town meet its AB939 goals. Mayor Wolf asked about the cost. Powell said it would be an approximate 6.4% increase to monthly can charge for all users, including commercial. Councilmember Thayer asked if quarterly pick-ups would be eliminated. Powell said they would be limited to one in the Spring. Councilmember Ginalski asked how much it would cost to leave the quarterly pick-ups in the contract. Powell estimated $30,000. Councilmember Hennessy asked about provisions for Condominium Associations. Powell said they would be provided with one large container. Mayor Wolf said that she calculated the Green Can Program would only increase diversion of yard waste by 2%. During public hearing, Ann Ross, 16 Reed Ranch Road, said she had heard negative comments about the program, but said Mr. Powell's addition of picking up bundles would be helpfuL She asked if anyone had thought about how to control where the gardeners take their waste. Hearing returned to CounciL Councilmember Thompson suggested that customers would no longer have to pay hauling fees to their gardeners if they used the Green Cans. Councilmember Thayer said the program attempted to fit the service with the needs of the community and said he would vote to move ahead. Councilmember Hennessy said that MVRS had done an excellent job to meet the concerns of the community. Councilmember Ginalski thanked MVRS for tailoring the program, but said he would like to see the quarterly pick-ups continued, perhaps at individual homeowners' cost. Powell said this service was currently available. Mayor Wolf said she was not prepared to support the program because the public had not been informed of the cost and that the Town had not yet exhausted other [free] options. Councilmember Thayer asked about the options and Mayor Wolf said she would enumerate them when the Waste Diversion Council was formed. Councilmember Thompson said the Green Can program was just one tool of many and, in the long run, we must change our behavior with regard to garbage and perhaps even look at a regressive vs. progressive rate structure. TOWN COUNCIL MINUTES #1074 January 3, 1996 3 ~ L J.-- . t- - Councilmember Thayer said he was willing to continue the item in order to allow time for more public notice. Councilmember Ginalski concurred that people should be informed of the change n rates. Councilmember Hennessy said the trial program had worked and it was important not to delay further action. She said the diversionary rate of2% was an estimate and would probably be higher. Councilmember Ginalski said he would move forward if there was flexibility in cost and number of [ quarterly] pick-ups. Councilmember Thayer noted the high number of positive responses to the trial program. Motion: Moved: Vote: To implement the Green Can Program on a Town-wide basis Hennessy, Seconded by Thompson AYES: Hennessy, Thompson, Thayer NOES: Ginalski, Wolf H. PUBLIC HEARING 5. Amendments to Tree Ordinance. Planning Director Anderson recommended 2nd Reading and Adoption. During public hearing, Ellie Spader, Mediation Services, asked for language to be added concerning the definition of "protected trees" and excepting "undesirable" heritage trees. Council directed staff to review Ellie's proposed amendments and continued the item for new first reading and adoption. I. NEW BUSINESS 7. Revival of Mid-day Steam Train Whistle. Victoria Arnett, Chair of Heritage & Arts Commission, said the revival would be an artistic enhancement unique to the history of the community and recommended Council allow a trial program. Don Batten played a recording of the approximate 27-second whistle. Ms. Arnett said it would be played each day at 12:00 noon for three weeks from the Fire House. During public hearing, Virginia Brunini, 267 Karen Way, said the whistle was charming and supported the trial program. She recommended shortening the length, however, and removing the "chugging" sounds in the middle. Hearing returned to Council. Councilmember Hennessy said she could not support the program due to her past experience with complaints about noise in Town, and said it was not fair to the people who lived in Belvedere and Old Tiburon. She proposed a railroad photo display instead. TOWN COUNCIL MINUTES #1074 January 3, 1996 4 r--- t r b . Councilmembers Thayer, Thompson, Ginalski and Mayor Wolf said they were willing to give it a try and directed the program to proceed, and for feedback from the community to be taken into account. 6. False Alarm Ordinance - correction of clerical error. Chief of Police Herley said a change was made to revert back to the previous language concerning permit duration because of difficulties in rewriting the computer program to track this data. Town Manager Kleinert said it was on the agenda for second reading because this was not a substantive change. Town Attorney Sharp said the law was not clear what constituted a substantive change versus a clerical error. Council agreed to return to first reading, including above change. MOTION: Moved: Vote: To read False Alarm Ordinance by Title Only Hennessy, Seconded by Thompson AYES: Unanimous Mayor Wolf read, "An Ordinance of the Town Council of the Town of Tiburon Repealing Chapter 29 of the Tiburon Municipal Code Regarding Alarm Systems and Enacting a new Chapter 29. " MOTION: Moved: Vote: To pass first reading Thayer, Seconded by Thompson AYES: Hennessy, Ginalski, Thompson, Thayer, Wolf NOES: None L. STAFF & TOWN MANAGER REPORTS 9. Review visitation levels at Angel Island State Park. Planning Director Anderson said visitation had exceeded 200,000 in the last two years, and that the Town's General Plan required review and possible limitation of access through Tiburon once this limit was exceeded. He said it was not clear from the statistics whether all the visitors came through Tiburon or other points of entry. Council director Anderson to request further information from the State and to revisit the policy when the next revision of the General Plan took place, this year or next. During public hearing, Stewart Hopkins said the State should pay fees to Tiburon and another agency such as BCDC should operate the park, and that the recent storm provided a window of opportunity to build a new dock under Town control. Nal Marans, Spanish Trail, complained about the traffic, difficulty in parking downtown, and the reduced parking due to the construction of the new library and Town Hall. Drew Patterson, publisher ofBav City Guide and resident of Corte Madera, said he and others had been promoting Angel Island tourism. TOWN COUNCIL MINUTES #1074 January 3, 1996 5 .'--" ~ ~ .' - Mayor Wolf closed the public hearing. Councilmember Thayer reiterated that the Town was not interested in tourism, per se, but more resident -oriented services, and that the Town had always had a policy to discourage traffic beyond certain historical limits. In response to a comment by Mr. Marans, Councilmember Thompson said the Council had not turned down flat the [State's] proposal to use Larkspur as an additional terminus for Angel Island, but that the Town was trying to protect local business and visitation limits at that time were low. Councilmember Ginalski said he now regretted that decision and felt it had been a huge mistake. Mayor Wolf said she did not want to see a change in Town policy but wanted better numbers or other possible measurements in order to analyze the situation. J. COUNCIL. COMMISSION & COMMITTEE REPORTS Councilmember Hennessy said the Marin Community Foundation would consider funding a study to determine whether the County should form one large master JP A for state-mandated programs and universal purposes. Marin cities will be asked to donate $500 to the study as a show of interest and support. r Councilmember Thayer said he would support such an action; Councilmember Thompson said he ~ was skeptical based upon his experience with the Hazardous & Solid Waste JPA lr. Item continued. K. COMMUNICATIONS Town Manager Kleinert said the ballot argument in favor of the Streets Improvement Tax needed to be written. Council agreed to meet on Saturday to finalize. H. ADJOURNMENT There being no further business before the Town Council of the Town ofTiburon, Mayor Wolf adjourned the meeting at 9:47 p.rn" to 10:00 a.m. on January 6, 1996. ArrEST OC DIANE L. CRANE, TOWN CLERK ~)./; tv#- NICKY WOLF, MAYOR TOWN COUNCIL MINUTES #1074 January 3, 1996 6