HomeMy WebLinkAboutTC Min 2006-06-21
TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Smith called the regular meeting of the Tiburon Town Council to order at 7:30 p.m.
on Wednesday, June 21, 2006 , in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon,
California.
ROLL CALL
PRESENT: COUNCILMEMBERS:
Berger, Fredericks, Gram, Slavitz, Smith
PRESENT: EX OFFICIO:
Interim Town Manager Bigall, Town Attorney
Danforth, Director of Community Development
Anderson, Director of Public WorkslTown Engineer
Nguyen, Chief of Police Odetto, Interim Director of
Administrative Services Stott, Town Clerk Crane
Iacopi
Prior to the regular meeting, Council met in closed session to discuss the following:
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Section 54956.9(a))
Siciliano v. Town of Tiburon
In re: Del Mar Valley
CONFERENCE WITH LABOR NEGOTIATOR
(Section 54957.6)
Bargaining Unit: Management and Mid- Management/Professional/Confidential Employees
(Non-Represented Employees)
Negotiator: . Interim Town Manager
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION" IF ANY
Mayor Smith said that no action was taken in closed session.
Town Council Minutes #12-2006
June 21,2006
Page 1
ORAL COMMUNICATIONS
Larry Smith, speaking on behalf of the Tiburon Peninsula Foundation, whom he
described as the "stewards" of Blackie's Pasture, complained that the Town had allowed
the overflow parking lot be used as a storage facility for a [utility undergrounding]
construction project on the other side of town. He said that the number of parking spaces
for that area had been carefully thought out and that because this was the beginning of the
summer season, people would start parking in the adjacent neighborhoods if they could
not find spaces. He also stated that they [TPF] had a "huge event" in September planned
in that location which would present a conflict.
Mr. Smith suggested storage in an alternative location, in an area on the other side of
Shapero Bridge. He recommended that the Mayor and one other "sweet-talking"
councilmember present this alternative to the contractor. He said that there was "plenty
of storage" there.
Mayor Smith commented that Town officials had already met with the contractor and
were looking into a "few more steps" the Town might take with regard to this issue.
INTRODUCTION
. New Associate Planner - Laurie Tyler
Community Development Director Anderson introduced the newest member of the planning
staff, Laurie Tyler. He said that Ms. Tyler, who is originally from Salinas, had received her
training at Cal Poly San Luis Obispo.
Mayor Smith and the Council welcomed Ms. Tyler to the Town.
PRESENTATION
. Sanitary District No.5 Proposed Sewer Line Extension and Easement over Tiburon Ridge
and Town Open Space
Mayor Smith said that his firm had "been involved with similar proposals" in the past with the
Sanitary District. He recused himself and left the room.
Vice Mayor Gram took the gavel and chaired the meeting.
Community Development Director Anderson introduced the item, stating that the Town had
received a letter from Sanitary District No.5 earlier in the year asking for an easement across
Town open space for the purpose of installing sewer lines over the middle ridge. He said that
Town Council Minutes #12-2006
June 21,2006
Page 2
staff had recommended that the district make a presentation to the Council but noted that the
Council was not being asked to take any action on the item tonight.
Robert LYnch, Manager of Sanitary District No.5, introduced members of the consulting team
retained by the district to work on the proposal.
Tom Hendrey, representing the civil engineering firm, presented an overview of the project and
different alternatives.
Mr. Hendrey said that one alternative entailed either repairing or replacing the Playa Verde plant
on the east side of the peninsula. He said that the facility was 30 years old, was corroding and
had failing equipment. He said that the district had to take some action in order to avoid possible
leaks and fines. He noted that it also needed to start the planning process now because of the
time it took to complete.
Engineer Hendrey said that as a separate location, Playa Verde cost the district more than
combining the sewage at one location. He said that Playa Verde processed 7,000 gallons of
sewage per day and serviced 65 homes versus 700,000 gallons processed by the main plant at
Paradise Cove.
Another alternative presented by Mr. Hendrey was the removal of Playa Verde and the pumping
of sewage to the main plant. This would result in lower capital cost (versus replacing Playa
Verde) and a lower annual processing cost, according to the engineer. The "con's" in the latter
scenario would be construction impacts and obtaining easements over public and private
property.
Mr. Hendrey described the three routes that a new pipeline might take to reach the main plant: 1)
follow Paradise Drive; 2) pump over the hill to Gilmartin Drive (where it would hook into an
existing pipeline); or 3) a longer route over Gilmartin Drive which would also involve going
through the Town's open space and obtaining easements over private property.
He presented the costs of the above alternatives, as follows: 1) Paradise Drive - $3.3 million; 2)
Gilmartin (steep route) - $2.7 million; 3) Gilmartin (fire road) - $1.5 million.
Mr. Hendrey said that another slide on Paradise Drive would take the sewer line with it; but
noted that there were problems associated with the other alternatives, as well. He stated that
Sanitary District No.5 preferred the longer Gilmartin route (No.3) because it was half the cost of
laYing pipe under Paradise Drive and was less steep than alternative No.2.
Mr. Hendrey said that the district was at the beginning stage of the process; he said that it
planned to take public input through scoping sessions, public hearings, and an environmental
impact report. He said that the final recommendation would be presented to the Sanitary District
No.5 Board which would have the final vote.
Town Council Minutes #12-2006
June 21, 2006
Page 3
He asked for the Council's support of the project and comments.
Councilmember Fredericks asked Mr. Hendrey which alternative had the best capacity for future
sewer hook-ups on the east side of the peninsula. Mr. Hendrey said that the pumps would be
able to handle the "over the hill" route faster which would result in less time in the pipes and
possibility of odor.
Ms. Fredericks asked whether there would still be any spots (on the eastside) that would be
difficult to hook into, such as the area south of Teaberry Lane, by utilizing the over the ridge
alternatives.
Mr. Hendrey said that the only stretch that would need new pipe (for hook-ups) would be
between Teaberry Lane to Romberg Center. In that scenario, Playa Verde would become a pump
station instead of a treatment plant, according to District Manager LYnch.
Councilmember Berger asked whether the increased capacity would have an adverse impact on
the existing plant (in terms of odor). Mr. LYnch replied that it would not.
Berger asked what the pipe would look like if it were installed in the open space. Mr. Hendrey
said that it would be laid in a 12 - 16 inch trench along the fire road, and that after some time,
"you wouldn't know it's there." Also, he said that the area could be replanted with native plants
or that the existing vegetation could simply be allowed to regenerate.
Councilmember Slavitz asked if the EIR would address impacts to both the open space and
private [Rabin] property. Environmental consultant Anna Buising, of Jones & Stokes, said that
there would be a full environmental review of the entire project. Mr. Slavitz asked if the $1.5
million cost included the EIR process; the engineer replied that it did.
Mr. Hendrey also said that the project called for a below-grade vault (with a manhole cover) of
between two and three feet in diameter, at the highest point of the proposed route over Gilmartin
Drive. He said that it would include an air release valve.
Vice Mayor Gram asked if the project would be paid for through rate hikes. Engineer Hendrey
said that these financing questions had not yet been answered but would be analyzed; he said that
a better way to look at it was that the cost was not going away and that a decision had to be made
on which proposal to spend money on.
Vice Mayor Gram opened the floor for public comment.
Don Miller, Chair of the Seafirth Wastewater Committee, said that his homeowner's association
wanted to "get out of the sewer business" and were very interested in the efforts of Sanitary
District No.5 to move forward with this new project.
Town Council Minutes #12-2006
June 21,2006
Page 4
Miller said that his understanding was that all that would be needed to provide service to the 30
Seafirth homes was to an additional pump station and tank; he added that that he hoped that
everyone "on the east side" would receive service from this project.
Randy Greenberg, Norman Way, asked about a "shaw line," and said that the homes south of that
line would be left out, thereby creating a "hole" in the system if it went over the middle ridge.
She also asked about service to the Martha Company property. Sanitary District No. 5 Manager
LYnch said that there was already a line in place in that vicinity for future homes to hook into.
Ms. Greenberg stated that there would be "growth-inducing impacts" as well as environmental
ones, to the project. She stated that the Sorokko, Rabin, and Bank of California properties would
benefit from the pipeline extension. She said that the Town's interest in the matter should be
whether or not to use its open space to enable new development, because the line did not serve
the entire community.
Joanna Kemper, representing the Last Chance Committee, said that she was pleased to hear that
there would be a full environmental review. She agreed with Ms. Greenberg that the Town had
to consider the policy question of whether or not to use its open space for private development
interests.
Scott Hochstrasser, representing "affected property owners with developable land," said that the
growth-inducing question was not really an issue because the Regional Water Quality Board had
just the day before approved a 20,000 gallon capacity system in that area.
On a related matter, Vice Mayor Gram asked the district representatives when they were going to
get an easement from the town for the sewer line that was to be moved in Lyford Cove
(undergrounding project). Mr. LYnch said that construction managers Harris & Associates had
contacted him to discuss the matter, but that they now wanted to leave the line in place and bore
on the other side of the street. The Vice Mayor said that the matter needed to be straightened out.
Vice Mayor Gram closed the public comment portion. Mayor Smith returned to the dais.
CONSENT CALENDAR
1. Approval of Town Council Minutes - June 7, 2006
2. Recommendation by Interim Town Manager - Proclamation in honor of the Lodge at
Tiburon Grand Opening on June 28, 2006
3. Recommendation by Director of Public WorkslTown Engineer - Award of Contract
for FY 2006-2007 Phase I Street Rehabilitation Project
Town Council Minutes #12-2006
June 21, 2006
Page 5
4. Recommendation by Interim Town Manager - Authorize Mayor to Sign Letter
Opposing AB 2897 (Nunez-Levine) Telecommunications Bill
MOTION:
Moved:
Vote:
To approve Consent Calendar Item Nos. 1 through 4, above.
Fredericks, seconded by Gram
AYES: Unanimous
PUBLIC HEARING
5. Recommendation by Interim Director of Administrative Services - Continuation of
Cypress Hollow Landscape & Lighting Special Assessment District (LLD)
a) A Resolution of the Town Council of the Town of Tiburon
Continuing Maintenance and Operation of the Landscape
And Lighting District in the Cypress Hollow Subdivision
in Fiscal Tax Year 2006-2007
Interim Director of Administrative Services gave a brief report. He stated that the assessment
was required for the ongoing maintenance of the LLD, and that the affected property owners had
been notified of the annual assessment for the coming hear. He said that no written protests had
been received.
Mayor Smith opened and closed the public hearing. There was no public comment.
MOTION:
Moved:
Vote:
To approve continuation of the Cypress Hollow LLD, as recommended.
Gram, seconded by Slavitz
AYES: Unanimous
6. Recommendation by Interim Director of Administrative Services - Adoption ofFY
2006-07 Municipal Budget and Capital Improvement Program and related Resolutions
a) A Resolution of the Town Council of the Town of Tiburon
Adopting a Municipal Budget for the Town of Tiburon and
the Tiburon Redevelopment Agency for the Fiscal Year
Ending June 30, 2007
b) A Resolution of the Town Council of the Town of Tiburon
Repealing Resolution No. 14-2006 and Adopting an Amended
Management Recognition and Incentive Compensation Program
c) A Resolution of the Town Council of the Town of Tiburon
Repealing Resolution No. 30-2005 and Adopting an Amended
Mid-Management, Professional & Confidential Employees
Recognition and Incentive Compensation Program
Town Council Minutes #12-2006
June 21,2006
Page 6
d) A Resolution of the Town Council of the Town of Tiburon
Establishing an Appropriations Limit for the Fiscal Year
2005-2006 Pursuant to Article xm B of the Constitution of
the State of California (Gann Limit)
e) A Resolution of the Town Council of the Town of Tiburon
Approving an Expenditure Plan for the Utilization of
Supplemental Law Enforcement Funds ("COPS") Monies
Received in Fiscal Year 2006-07
Mr. Stott said that the Council had received a full budget presentation at its June 7 meeting.
Council had several questions concerning employee benefits, specifically, payment for unused
sick leave and vacation leave buy-back; the latter was recommended by the auditors, according to
Stott, to reduce the Town's leave liability and also because employees would buy it back at a
lower rate now than later.
Mr. Stott noted that the $25 per month increase in management and mid-management health care
benefits had already been absorbed into the coming year's budget.
Councilmember Fredericks asked for a brief explanation of the "Gann Limit." Interim Town
Manager Bigall said that a town would never exceed it without a "huge" revenue-generating tax
source of some sort, at which time the town would have to go to the voters and gain permission
to either use the money for a specific purpose or give it back (to the taxpayers).
Mayor Smith opened and closed the public hearing. There was no public comment.
MOTION:
Moved:
Vote:
MOTION:
Moved:
Vote:
MOTION:
Moved:
Vote:
MOTION:
Moved:
Vote:
To approve Resolution (a), above.
Fredericks, seconded by Gram
AYES: Unanimous
To approve Resolution (b), above.
Slavitz, seconded by Berger
AYES: Unanimous
To approve Resolution (c), above.
Berger, seconded by Slavitz
AYES: Unanimous
To approve Resolution (d), above.
Slavitz, seconded by Fredericks
AYES: Unanimous
Town Council Minutes #12-2006
June 21, 2006
Page 7
MOTION:
Moved:
Vote:
To approve Resolution (e), above.
Fredericks, seconded by Berger
AYES: Unanimous
COUNCIL AND COMMITTEE REPORTS
Interim Town Manager Bigall reminded Council of upcoming MCCMC in Sausalito and summer
solstice party at Town Hall.
Mayor Smith discussed RBRA issues and suggested that the Council might wish to consider the
costs associated with participating in the JP A and future costs for a proposed mooring field in the
Bay. He said that the issue was which communities actually benefit from the various programs
they are paYing for in the JP A, and whether there were any alternatives.
Councilmember Berger said that the WT A might be interested in purchasing the MN Zelinsky
and taking over the Tiburon ferry run, since Blue & Gold had lost their franchise for the Alcatraz
run. Berger said that Golden Gate Transit was also interested in obtaining the franchise, but that
they were only interested in the Sausalito run. He said that he would keep the Council apprised.
WRITTEN COMMUNICATIONS
. Town Council Weekly Digest - June 9, 2006
. Town Council Weekly Digest - June 16,2006
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor Smith
adjourned the meeting at 8:35 p.m., to the next ~dUled for July 5, 2006.
~.
PAUL SMITH, MAYOR
ATTiJr1i!/) fl. '
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DIANE CRANE rACOPI, TOWN CLERK
Town Council Minutes #12-2006
June 21,2006
Page 8