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HomeMy WebLinkAboutTC Min 2007-03-21 TOWN COUNCIL MINUTES CALL TO ORDER Mayor Gram called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, March 21, 2007, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLLCALL PRESENT: COUNCILMEMBERS: Berger, Fredericks, Gram, Slavitz, Smith PRESENT: EX OFFICIO: Town Manager Curran, Town Attorney Danforth, Director of Community Development Anderson, Director of Public Works/Town Engineer Nguyen, Director of Administrative Services Bigall, Interim Chief of Police Hutton, Chief of Police Cronin, Town Clerk Crane Iacopi Prior to the regular meeting, Council met in closed session, beginning at 6:00 p.m., to discuss the following: CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956.9(a)) County of Marin v. Martha Company CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8) Property: Portion of AP No. 058-171-62; Behind 1501 Tiburon Boulevard Agency Negotiators: Alice Fredericks and JeffSlavitz Negotiating Parties: Town of Tiburon and Belvedere- Tiburon Library Under Negotiation: Price and Terms of Payment Town Council Minutes #06 -2007 March 21,2007 Page 1 INTERVIEWS (6:55 p.m.) Design Review Board - two vacancies Heritage & Arts Commission - one vacancy 1. John Corcoran, 5 Janet Way (Applicant for Design Review Board) 2. Maxine Rice, 114 Avenida Miraflores (Applicant for Heritage & Arts Commission) 3. John Sanford, 60 Pine Terrace (Applicant for Heritage & Arts Commission) ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION Mayor Gram said that no action was taken in closed session on the items discussed. ORAL COMMUNICATIONS David Maguire, a filmmaker from San Rafael who was attending the Tiburon Film Festival, urged the Council to consider making a statement against the brutal killing of sharks worldwide, and to support the institution of an annual "shark festival" in Tiburon. PRESENTATION 1. Introduction and Swearing in of New Chief of Police - (Mayor Gram & Town Clerk) Michael J. Cronin Prior to introducing the new chief, Town Manager Curran read and presented a commendation to Interim Chief Dave Hutton for his service between December 2006 and the present. Ms. Curran said that Hutton had run the managerial and operational aspects of the department single-handedly. Ms. Curran introduced Chief Cronin. She said that the new Chiefwas highly qualified, and among other things, she noted that the investigator who had performed the background check per state law had informed her that he had "the most glowing record of any police chief candidate he had ever investigated." On behalf of the Council and townspeople, Ms. Curran welcomed Chief Cronin to the Town. Town Clerk Crane Iacopi administered the oath of office. Chief Cronin's wife, Kathy, pinned his badge and he gave a short speech thanking the family, friends and colleagues who were in the audience, including members of the San Rafael City Council. Chief Cronin said that he looked forward to the opportunity to serve the Town and that the people he had met so far were some of "the most warm and inviting." Town Council Minutes #06 -2007 March 21,2007 Page 2 2. Recognition of Outgoing Board or Commission Members - (Mayor Gram) Diane Smith, Heritage & Arts Commission Elizabeth Bird, Design Review Board Kirk Beales, Design Review Board Mayor Gram presented plaques to outgoing Boardmember Beales and Commissioner Smith. Boardmember Bird was absent. Mayor Gram commended Mr. Beales for 10 years of service on the Design Review Board; Gram said that serving on the Board was the most difficult of all the boards or commissions. The Mayor also commended Ms. Smith for her service on the Heritage & Arts Commission, and praised the "high quality" of the artwork at Town Hall for which she had been Art Show coordinator during her tenure. ACTION ITEMS 1.. Appointments to Town Boards, Commissions & Committees - (Town Clerk Crane Iacopi) a) Appointments to Fill Current Vacancies on Design Review Board b) Appointment to fill Current Vacancy on Heritage & Arts Commission Mayor Gram said that the Council had interviewed two applicants for Design Review Board and two applicants for the Heritage & Arts Commission. MOTION: Moved: Vote: MOTION: Moved: Vote: MOTION: Moved: Vote: To appoint Frank Glassner to the Design Review Board. Berger, seconded by Slavitz AYES: Berger, Gram, Smith and Slavitz ABSTAIN: Fredericks To appoint John Corcoran to the Design Review Board. Slavitz, seconded by Fredericks AYES: Unanimous To appoint Marlene Rice to the Heritage & Arts Commission. Berger, seconded by Fredericks AYES: Unanimous CONSENT CALENDAR 1. Town Council Minutes - February 21,2007 (transcript of meeting) 2. Town Council Minutes - March 7, 2007 Town Council Minutes #06 -2007 March 21,2007 Page 3 3. Notice of Completion - Adopt Resolution Accepting Fountain Plaza Improvements as Complete (Director of Public Works/Town Engineer Nguyen) 4. Fair Housing Month - Recommendation by Fair Housing of Marin to Proclaim April 2007 as Fair Housing Month in the Town of Tiburon 5. Rabin/SODA Project - Approve Services Agreement for Contract Planner (Director of Community Development Anderson) 6. Robert L. Kleinert Day - Adopt Declaration proclaiming March 18, 2007 as Robert L. Kleinert Day Mayor Gram asked that Item No.1 be removed for discussion at the end of the meeting. MOTION: Moved: Vote: To adopt Consent Calendar Item Nos. 2 through 6, as written. Smith, seconded by Slavitz AYES: Unanimous ACTION ITEMS ( continued) 2. Annual General Plan Implementation Status Report - Recommendation to Hear Comments On and Accept Status Report (Director of Community Development Anderson) Director Anderson said that state law required a report to be accepted by Council every year and sent to Sacramento by April 1. He said that the progress report contained relatively few changes since the last presentation to Council. Anderson said that the Planning Commission reviewed the report on March 14, with the following recommendations: · To prioritize the goal of assessing the recreational needs of the community; · To make improvements to the Richardson Bay Lineal Park; · To use the report as a budgeting tool; · To have the Planning Commission review the draft Capital Improvement Program each year, as called out in State law. Mayor Gram asked for comments from the Council and the public. There was no comment. Town Council Minutes #06 -2007 March 21,2007 Page 4 MOTION: Moved: Vote: To accept the report, as written. Smith, seconded by Slavitz AYES: Unanimous 3. Multi-Use Path - Request of John Sanford to address Town Council regarding anticipated widening of the Multi-Use Path in connection with the MMWD Fire Flow Replacement Project Town Manager Curran gave some background and a brief report. She said that while the Town had not sent out a public hearing notice concerning the Marin Municipal Water District (MMWD) pipeline replacement project, it was not obliged to do so. She said that the District had sent a notice in compliance with CEQA requirements. T own Manager Curran said that the matter had been discussed at several town meetings, which were open to the public, and that agendas had been published in the Ark newspaper. In addition, an article describing the proposed project had been published on the front page of the Ark and another in the Town's newsletter, according to Curran. Town Manager Curran said that the issue identified by the neighbors in the Pine Terrace area was the addition ofa new, four-foot decomposed gr~ite (DG) path to be added to the north side of existing pathway. Mayor Gram asked if the new portion of the pathway was to be installed on Town property; Ms. Curran affirmed this. She said that the Town would not encroach on private property in the area by 20 or more feet. Mayor Gram asked what the estimated setback from the edge of the [existing] blacktop path was. Town Manager Curran said that it was 25 feet on average. She added that many of the fences in the vicinity were also on Town-owned property. Mayor Gram said that the distance between the new path and the properties would be reduced by four feet to approximately 21 feet. In response to a question from Councilmember Smith, Town Manager Curran clarified that the new DG path would be slightly narrower than four feet in some places. Councilmember Berger asked whether the widening of the path would disrupt the existing trees and shrubbery in the right-of-way. Town Manager Curran said that she and the Town Engineer had met with the neighbors and had discussed a possible shift in the alignment in the path in order to preserve some of the mature, tall shrubbery. Town Council Minutes #06 -2007 March 21,2007 Page 5 Councilmember Berger applauded this effort; however, he stated that the water main work was going to be disruptive in and of itself. Councilmember Smith said that he was familiar with the area and, in particular, the four houses adj oining the path. ' Smith said that while he served on the Design Review Board, the issue of the path was discussed at length; that at least one of the property owners had asked for variances to expand their home closer to the multi-use path. He said that he had voted against these requests but that the property owners had prevailed. Councilmember Smith asked Staff who had planted the trees or shrubs in question. The Town Manager and Town Engineer said that they did not know fo~ sure. The Town Engineer stated that there was no record of any encroachment permits being issued by the Town for such planting. Councilmember Smith asked if there were any photos showing the area prior to the planting; he also suggested that if they were removed, they might be replanted closer to the property lines. Councilmember Smith went on to say that MMWD had stated that there would be minimal shrub removal; he added that a realignment of the path (which he said was a two-foot shift) was entirely within the town's discretion. Councilmember Smith posed the question of whether it was appropriate to shrink a public park in order to accommodate neighbors who had encroached into the right-of-way. Councilmember Slavitz asked how far the new lane on the path would extend. Town Engineer Nguyen said that the new path would run from Avenida Miraflores to San Rafael Avenue. He clarified to state that the expanded path would end about 100 feet before San Rafael Avenue due to the presence of a large, underground electrical vault which could not be disrupted, and where MMWD would begin its bore underneath San Rafael Avenue and come up on the other side. The expanded path would then continue after the culvert bridge and terminate at Lagoon Road. Mr. Nguyen added that past San Rafael Avenue, the new lane would be constructed on the south side, instead of the north. Town Manager Curran pointed out that the widening of the path and resurfacing was being done by MMWD at its own expense. Town Engineer Nguyen said that MMWD planned to upgrade the retaining wall on the north side of the "notch" (near South Knoll Park), as well. Mayor Gram opened the public hearing. Town Council Minutes #06 -2007 March 21,2007 Page 6 John Sanford, Pine Terrace, said that he was speaking on behalf of several neighbors. Mr. Sanford read from a letter he distributed to the Council. He thanked Town Manager Curran and Town Engineer Nguyen for meeting with several of the neighbors on February 6. He said that this was the first time the Town had consulted with them on the subject of widening the path on the north side. Mr. Sanford claimed that at similar meetings with MMWD officials, there had been no mention of this aspect of the project, nor did the Town's minutes or 2005 agendas mention it. He asked that the matter be re-agendized for public input from the affected neighbors. He said that the Council was missing valuable empirical information from this group; that the project design was based on "questionable conclusions," which would be paid for later by the rate-payers. Mayor Gram asked whether Mr. Sanford had a petition from the neighbors. Mr. Sanford said that several letters had been sent to the Town; Town Manager Curran said that she had received phone calls, e-mails, and a couple of letters (concerning the opposition to widening the path in the vicinity of Pine Terrace). Councilmember Fredericks asked Mr. Sanford whether he did not know of the MMWD path widening project, or whether he did not know about the addition of the lane on the north side. Mr. Sanford replied that the issue was "the widening in our direction." Mr. Sanford responded to Councilmember Smith's remarks by stating that "we were encouraged [by the Design Review Board] when we remodeled to plant screening on our property." Councilmember Smith posited whether he had been encouraged to plant on Town property or on his own property. Mayor Gram opened the public hearing. Mary Jane Wentz questioned the existence of the 25-foot setback and said that the Town's Public Works Department had told her that they were responsible for maintaining only six feet beyond the multi-use path. Councilmember Smith asked whether Mrs. Wentz had obtained an encroachment permit for any improvements on the Town's property. Director of Community Development Anderson added that there was no record of a building permit for the wall that appeared to encroach into the Lineal Park. Councilmember Smith suggested that if she did not want to maintain the landscaping, she could move the wall [she had constructed] and the Town would maintain it. Mrs. Wentz said that "we built our wall within the boundary of the existing wall," when they bought the property. She again asked why the Town maintained only six feet instead of the full 25 feet of right-of-way. Mayor Gram asked her to address the issue of the widening of the path. Town Council Minutes #06 -2007 March 21,2007 Page 7 Mrs. Wentz said that she had lived in that house for 22 years; that a lot of people came onto their property from the path when they needed medical assistance, to use a bathroom, and other things. She said that she had been involved with Town issues before, including the first "Bike to School Day." ' Councilmember Slavitz asked whether the Public Works Department maintained just six feet for fire control. Town Engineer Nguyen said that Public Works maintained landscaping, as necessary, per a defined need. Councilmember Smith concurred, and noted that the entire landscaped section past San Rafael Avenue was more than six feet wide and was maintained by the Town. Judy Sanford, Pine Terrace resident since 1990, said that "we inherited the vegetation" in that vicinity. She also stated that she and her husband were asked by DRB to screen their improvements during their remodeling project. Mrs. Sanford raised the issue of speeding bikes along the path, and said that creating another lane so that pedestrians could ')ump out of the way" was "ludicrous." She said that making the path wider would only exacerbate the problem. Mrs. Sanford said that Mr. McDonnell (MMWD engineer) told them that the path would be moved toward the water side and that the vegetation in their vicinity would remain intact. She said that MMWD representatives also were aware of the speeding bike problem but that the project did not address that issue. Edna Mitchell, McCart Court resident for 30 years, said that she was confused by the remarks about encroachment permits. She asked what exactly the Town wanted her to do. Councilmember Smith showed her a Marin Map photograph showing superimposed property lines; he said that it "looks like your fence encroaches on Town property, as well." Councilmember Berger said that people tended to build structures without permits "all the time." Mrs. Mitchell said that they must have been "allowed to be there," and that "we've always had to maintain them." Mrs. Mitchell said that she concluded that the Town should take care of the landscaping, then, and save the residents the expense. Councilmember Smith asked the Town Engineer about the accuracy of Marin Map. Mr. Nguyen said that it was generally accurate, absent an actual survey, but that for some parcels in the area, the encroachment appeared to be significant. Councilmember Smith said that it was up to the property owners to do a survey to determine their property lines. Town Council Minutes #06 -2007 March 21,2007 Page 8 Councilmember Smith said that if the Town allowed the path to be moved in the Pine Terrace area, it would swerve one way, and swerve back, and that there was not a lot of leeway in some spots. He asked whether that was, in fact, a safe design. Councilmember Berger said that the Town Manager and Town Engineer had done due diligence but that the design of the project could only be refined where feasible. Mrs. Sanford said that was exactly why they were asking the Town not to add a north-side lane in that vicinity. Mrs. Mitchell suggested that 10 mph speed signs be added for bicyclists because they certainly did not Yield to pedestrians. Tyler Phillips, Chairman of the Town's Bicycle/Pedestrian Advisory Committee (BP AC), said that he sympathized with the discussion and had heard many of the complaints before. He said that the multi-use path was commonly known as "the bike path," a misnomer in and of itself; he said that BPAC's challenge was to come up with ways to improve it, and that the concept of more space on both sides of the pave path was one of the committee's suggestions. He said they had looked at the' best materials for it and every aspect; that it was an improvement, not "an escape corridor." Secondly, Mr. Phillips said that a "consistent" path, without a lot of swerving, was preferable. The BPAC Chairman concluded that his committee, as well as the Town Council, had put a lot of effort into working with the water district to improve the path and that he was excited about the outcome of the project. In response to a question from Councilmember Berger, Mr. Phillips said that BP AC was involved with signage issues on an ongoing basis, and that once the path proj ect was complete, they had plans for new signage. Mayor Gram asked that BP AC give notice to these neighbors of future meetings to discuss signage. Councilmember Smith agreed that the speeding bicycle situation was dangerous, and described what it was like when bikes came down the hill from Del Mar school onto the path at certain times during the day. He asked whether a police officer could be stationed at the intersection of both paths when school let out. Mrs. Sanford suggested a bike patrol officer be stationed there. Mayor Gram closed the public hearing. Councilmember Smith said that he was confused by one of Mr. Sanford's statements about the project not being shown on Council agendas or in Council minutes. He said that he had been at the Council meetings where the matter was discussed at great length. Town Council Minutes #06 -2007 March 21,2007 Page 9 Mr. Sanford said that the north-side widening was not listed on the agendas. Smith said that he was struggling with the logic of how widening the path would make the speeding bike dilemma worse; that the consensus of the Council was that the widening of the path was a tremendous opportunity and would make it better for all users. Councilmember Smith continued to express his concerns about a "swerving" path. He said that the Town had agenized its discussions of the project in a proper format, even if the neighbors had not gotten specific notice. He questioned the need to re-open the issue. Mrs. Wentz said that it was a "big deal" to them; Mrs. Mitchell asked who had attended these public hearings. Councilmember Smith said that "it would have been nice to have your input." Vice Mayor Slavitz said that the decision to widen the path was a good one and that the Town should move forward. Mayor Gram said that the Council would need a motion to reconsider the matter. No motion was forthcoming. CONSENT CALENDAR 1. Town Council Minutes - February 21,2007 (transcript of meeting) Mayor Gram said that the Council normally adopted minutes of its meetings in summary form. He said that while the transcript of the February 21, 2007 meeting was "generally accurate," he recommended that the Council adopt the transcript of the meeting, as well as the [three] previous Kol Shofar appeal hearing transcripts, as "general summaries." Town Attorney Danforth recommended that the Council continue adoption of the February 21,2007 meeting transcript until the Town Clerk could prepare the errata sheets submitted by Council and staff. Item continued to April 4, 2007. TOWN COUNCIL REPORTS Councilmember Fredericks gave a briefupdate on the meeting of the March 20,2007 Joint Disaster Advisory Council. Town Council Minutes #06 -2007 March 21,2007 Page 10 TOWN MANAGER'S REPORT WEEKLY DIGESTS · Town Council Weekly Digest - March 9,2007 · Town Council Weekly Digest - March 16,2007 ADJOURNMENT There being no further business before the. adjourned the meeting at 8:54 p.m., in m uncil of the Town of Tiburon, Mayor Gram ory offo Town Manager Robert L. Kleinert. ATTFf}jrJJ /J DILE~~C~f,~~tfcLERK Town Council Minutes #06 -2007 March 21,2007 Page 11