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HomeMy WebLinkAboutTC Min 1990-01-09 TOWN COUNCIL MINUTES CLOSED SESSION Mayor Logan called the closed session of the Town Council of the Town of Tiburon to order at 7:05 P.M. to discuss litigation. CALL TO ORDER Mayor Logan called the special meeting of the Town Council of the Town of Tiburon to order at 7:45 P.M., Tuesday, January 9, 1990 in Room 5, Del Mar School, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Coxhead, Mayberry, Logan, Duke, (7:50 P.M.), Shaw, (9:50 P.M.) ABSENT: COUNCILMEMBERS: None EX OFFICIO: Town Manager Kleinert, Town Engineer Bala, Town Attorney Truxaw, Supt. of Public Works Brunini, Police Chief Herley, Planning Director Lohman, Finance Director Stranzl, Town Clerk Hennessy B. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES Mayor Logan asked The Ark to publicize vacancies. C. INTRODUCTION OF NEW TOWN EMPLOYEE The Police Chief introduced Sheridan Langland, Police Dispatcher. D. PUBLIC QUESTIONS AND COMMENTS There were none. TOWN COUNCIL MINUTES #865 1/9/90 1 E. CONSENT CALENDAR Items 3 and 5 were removed. MOTION: To approve the Consent Calendar consisting of the following items: 1. APPROVAL OF MINUTES #861, November 28, 1989, #862, December 6, 1989, #863, December 12, 1989, #864, December 18, 1989. 2. MONTHLY INVESTMENT SUMMARY REPORT (November) 4. ORDERS TO SHOW CAUSE (Set Public Hearing for Tree Maintenance Complaints at 666 Hilary Drive A.P. #55-182-08 and 4575 Paradise Drive A.P. #38-141-09 for February 7, 1990) 6. TOWN PROPERlY LOCATED AT LOWER CECILIA (Authorize Grading of Portion of 3 Acre Parcel to Modify Embankment Fill) 7. CONVEYANCE OF TOWN PROPERlY TO CAL/TRANS (Property Located Along Tiburon Blvd. at Blackie's Pasture for Relocation of Golden Gate Transit Bus Stop - Right-of-Way Contract and Grant Deed) Moved: Vote: Mayberry, Seconded by Coxhead AYES: Coxhead, Mayberry, Logan NOES: None ABSENT: Duke, Shaw Item 5. TRAFFIC SAFElY REPORT (November) was removed from the agenda. F. PUBLIC HEARINGS 8. SKATEBOARD AREA TEMPORARY USE PERMIT (Consider Rules & Regulations, Revised Plans, Oversight Committee Membership, Pine Terrace Residents' Mitigation Measures, etc. - Resolution) The Finance Director reviewed the Staff report and stated the Parks & Open Space Commission tied on a 2-2 vote with only four members present when discussing the South of the Knoll location for the skateboard area. COUNCILMEMBER DUKE ARRIVED (7:50 P.M.) The Planning Director stated Council had directed the skateboard area be redesigned and the plans submitted are substantially bigger than previously thought; the plans are self-explanatory; the proposal takes up a major portion of the area South of the Knoll. George Solerno, member of the Parks & Open Space Commission, stated he was unable to attend their meeting due to a death in his family, but he was opposed to locating a skateboard area within the Richardson Bay Lineal Park. TOWN COUNCIL MINUTES #865 1/9/90 2 The Town Manager stated he had met with a representative of ABAG Plan and the Town is responsible for the first $50,000 for each accident. The Mayor opened the public hearing. Stewart Hopkins, member of the Parks & Open Space Commission, supported the proposal. Jerry Stefandl, resident of Pine Terrace, strongly objected to the proposal; stated he met with ABAG Plan representatives who told him the site was inappropriate; emergency access was limited; volunteer supervision was unsatisfactory; poor visibility of the area might lead to assaults; residents were opposed; possible environmental impacts on the bird sanctuary; no communication on site in case of injury; incompatible with original park plan; questioned cost of dismantling asphalt; questioned excess of maximum coverage since quadriplegic injuries can cost $6 million. Cathy Hunter, 65 Harriet Way, representing parents who use the Tot Lot, submitted a petition to the Council opposing the skateboard area within the Richardson Bay park; petition signed by residents and non-residents who use the park; 60% were opposed to a skateboard area anywhere in Tiburon; 40% wanted it but outside the park. Merrily Gilbert, Mill Valley resident, user of the park since 1976 opposed the skateboard area; thought it might become an attractive magnet for rough people. Ansel Rondine, 26 Andrew Drive, student at Del Mar School, stated students at his school go over the fences at Pine Terrace and it wasn't fair to accuse skateboarders of trespassing. The Mayor closed the public hearing. Bob Minton, proponent, stated he provided a list of names of people who would be held accountable; biggest challenge was to raise funds to build the skateboard area; a security deposit would be included; didn't intend to have adult supervision. In response to Vice-Mayor Mayberry, Dave Allen stated the architect made a mistake in the scale drawings; Bob Minton stated he envisioned 160' length. Vice-Mayor Mayberry stated the original proposal was 100 X 30. Mayor Logan noted that the scale was changed but the size of the proposal was not. Mr. Minton stated the Council could chose the size. Councilmember Coxhead reviewed the minutes of the previous meeting and stated their concerns had not been addressed; noted a majority of the Oversight Committee members lived outside of Tiburon. Councilmember Duke stated the proposal was unacceptable; the area should be totally separated from the toddlers area; valid concerns should be addressed; size not appropriate for this area. TOWN COUNCIL MINUTES #865 1/9/90 3 Vice-Mayor Mayberry stated she wanted adult supervision; didn't think fencing shown was adequate; very concerned with the size; stated the proposal was larger than what was presented in November and the Council asked at that time that the size be scaled down; emergency telephone availability needed to be addressed; questioned access; concerned about negative opinion of the Parks & Open Space Commission. Dave Allen, proponent, apologized for not being prepared, stated they wanted to get the community and Council behind the proposal; didn't want to get behind something that was opposed by the residents. Following Council discussion, Mayor Logan asked the proponents to consult with the individual Councilmembers and see if there was an acceptable proposal and location. Vice-Mayor Mayberry stated if the proposal remains in this location, she requested the Pine Terrace residents be contacted and concerns resolved. Dave Allen thought it appropriate as applicants to withdraw and get more advice from Council where they would perceive an appropriate location; questioned whether Council would reconsider original location and a scaled down area. Jerry Stefandl stated 40% of those who signed the petition against the area at South of the Knoll favored the sewer treatment plant area. G. UNFINISHED BUSINESS 9. HIGHLANDS DEVEWPMENT WT LINE ADJUSTMENT (Master Plan, Precise Plan Amendments & Resubdivision of Lots 23, 24 & 25 - No New Lots Created - A.P. #34-360-19, 20 AND 21; Capital Property Associates, Owner - Ordinance, 1st Reading) The Planning Director reviewed the Staff report. Motion: Moved: Vote: To read by title only. Mayberry, Seconded by Coxhead AYES: Unanimous ABSENT: Shaw The Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING THE HIGHLANDS MASTER PLAN WITH RESPECT TO LOTS 23, 24 AND 25 AND SIMULTANEOUSLY AMENDING ORDINANCE NO. 330 N.S. WHICH APPROVED A MASTER PLAN FOR THE TIBURON HIGHLANDS. TOWN COUNCIL MINUTES #865 1/9/90 4 Motion: Moved: Vote: To pass first reading of the aforementioned Ordinance. Duke, Seconded by Coxhead AYES: Coxhead, Duke, Mayberry, Logan NOES: None ABSENT: Shaw 10. HERITAGE & ARTS COMMISSION (Resolution Recommending Formation of Committee to Develop Museum Implementation Plan for Donahue Building) Stewart Hopkins noted he had Chaired a committee that considered use of the Donahue Building and didn't think a new committee should restrict the proposed use to a museum. Council agreed. The Mayor directed Staff to solicit nominations from various Commissions and organizations and submit a list of potential committee members to the Council at their next meeting. 11. GWBAL CITIES PROJECT (Earth Day 1990) The Mayor requested the Council to authorize $500 to join the Global Cities Project and join citizens across the country in establishing an Earth Day program which will be on April 22, 1990; stated he would address the Marin County Council of Mayors and Councilmembers and ask their unanimous support of this important endeavor. Motion: Moved: Vote: To authorize $500 to enable the Town to join the Global Cities Project Logan, Seconded by Coxhead AYES: Unanimous ABSENT: Shaw H. NEW BUSINESS 12. ACCEPTANCE OF GIFT DEED OF PROPERlY (Edward Zelinsky & Barbara Abrams - Gift to Town of Tiburon of 12,300 sq.ft. of Property Located Between Mar West Street and Home Savings Fronting on Tiburon Boulevard - Resolution) In response to Vice-Mayor Mayberry, the Town Manager stated the property was being donated to the Town without prior restrictions that a Town Hall was to be built on this property. Motion: Moved: Vote: To adopt Resolution Accepting Deed of Gift from Zelinsky & Abrams Coxhead, Seconded by Mayberry AYES: Unanimous ABSENT: Shaw TOWN COUNCIL MINUTES #865 1/9/90 5 13. HOUSING ELEMENT REVISION (Recommendation to Retain Planning Consultant to Complete Housing Element Revisions by July 1, 1990) The Planning Director reviewed the Staff report. Motion: To approve scope of work and contract with Planning Consultant Terry Watt Coxhead, Seconded by Duke AYES: Coxhead, Duke, Logan NOES: Mayberry ABSENT: Shaw Moved: Vote: I. COUNCIL, COMMISSION OR COMMITTEE REPORTS .L COMMUNICATIONS 14. BLACK BALL VEHICLE FERRY SYSTEMS, INC. (Application to PUC, dt'd. 10/27/89) Town Attorney to contact Black Ball and ask for specific information. K. STAFF AND TOWN MANAGER REPORTS 15. Memorandum Regarding Mar West Parking Program dt'd. 12/13/89 Accepted as informational item. 16. Ballot Measure TItle (Select Title for April 10, 1990 Ballot Measure) The Town Manager stated the County Clerk requested a title for Measure "B". Vice-Mayor Mayberry asked for clarification of Grant Deed restrictions on two acre parcel which would preclude sale even if approved by the voters. The Mayor stated the Town would try to work out a compromise with the Housing Authority regarding the Deed restrictions. There was discussion regarding rumors that the New Town Hall Committee members might benefit by the development of the Mar West property. The Mayor suggested the Committee might consider writing a letter with each of them signing it that they have done this work voluntarily and for no financial interest. COUNCILMEMBER SHAW ARRIVED AT 9:50 P.M. There was discussion of titles for the ballot measure. TOWN COUNCIL MINUTES #865 1/9/90 6 Motion: Moved: Sale of Town Property to Finance New Town Hall Mayberry, Seconded by Coxhead There was further discussion regarding sale of two acre site purchased with Open Space Bond funds and development of existing site for senior housing. Councilmember Coxhead withdrew his second. Motion fails for lack of second. Motion: Moved: Vote: New Town Hall Financing Measure Logan, Seconded by Shaw AYES: Coxhead, Shaw, Logan NOES: Mayberry ABSTAIN: Duke 17. Perini Slide Repair and Erosion Control Program - Oral Report by Town Engineer The Town Engineer stated Perini was performing winterization and repairs as directed. 3. AWARD OF CONTRACT (Cagwin & Dorward Renovation of McKegney Green and Installation of New Sprinkler Heads) The Finance Director reviewed the Staff report. Council member Coxhead expressed concern regarding maintenance costs. The Superintendent of Public Works stated work would begin around the first week of March and the field would be closed for 120 days. Motion: Moved: Vote: To award contract to Cagwin & Dorward for renovation of McKegney Green and installation of sprinkler heads. Mayberry, Seconded Duke AYES: Unanimous L. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Logan adjourned the meeting at 10:20 P.M. sine_die. ,r"- ) /' , ATTEST: ;' "~I f ~ , .1.:' {~ f '~~ . '-.1;"',/,~, '_ PETER B. LOGAN, MAYOR ! JIuw-'h( ~(d~ THERESE M. HENNESSY, WN CLERK TOWN COUNCIL MINUTES #865 1/9/90 7