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HomeMy WebLinkAboutTC Min 1995-10-18 // // .~ /r , ~ L TOWN COUNClL MINUTES CALL TO ORDER Mayor Thompson called the regular meeting of the Town Council of the Town of Tiburon to order at 7:35 P.M., Wednesday, October 18, 1995 in Council Chambers, 1101 Tiburon Boulevard, Tiburon, California. A. ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: EX OFFICIO: Ginalski, Nygren, Thay~r, Thompson Wolf Town Manaier Kleinert, Chief of Police Herley, Finance Director Stranz1,Planning Director Anderson, Town Attorq.ey Sharp, Town Engineer Moharnmadi, Town Clerk Crane B. ANNOUNCEMEI1T OF CLOSED SESSION ACT~ON Mayor Thompson said the status of the State of California, v. Zelinsky. et.al. lawsuit was "looking good" and there would be an announcement soon. C. PUBLIC OUESTfONS AND COMMENTS Stewart Hopkins, 1830 Lagoon View Drive, asked that the Housing Committee report be agendized for future public comment and input. Town Manager Kleinert said an item had come in that wo~ld require immediate action in closed session later in the evening. Town Attorney Sharp asked! that Williams v. The Town of Tiburon be added to the agenda pursuant to Government Code SeQtion 54954.2(b )(2). MOTION: Moved: Vote: To Add a Closed Session to Meeting to Hear Aforementioned Matter Nygren, Seconded by Thayer AYES: Unanimous ABSENT: Wolf D. APPOINTMENT~ TO BOARDS. COMMIS~ION~ OR COl\ilMITTEES MOTION: to nominate Lisa Klairmont to serve on the Planning Commission Moved: Ginalski, Seconded by Nygren Vote: AYES: Unanimous ABSENT: Wolf TOWN COUNCIL MINUTES #1066 October 18, 1995 r h l Councilmember Thay~r said he agreed with the nomination given LiSfl'S planning and prior Town experience. He said all the candidates were qualified and he hoped tl)at Pamela Fyffe, co- President of Bel Air Homeowner's Association, would stay involved in Town affairs. Councilmember Nygr~n said that more people had expressed an interest in the position than ever before, and noted that Richard Hinkel was also very qualified. E. COUNCIL. COl\fMISSION OR COMMfITIE~PORTS 1. Housing Committe~. Richard Hinkel made the Housing Committee's recommendation to Council that the Ned's Way space be sold to the Redevelopment Agency for low-income senior housing. He cited various reasons why the C!Jmmittee re40mmended this idea over other alternatives, including ~etting the project done as quickly as possible, meeting the Town's current RDA requirements, and others. He said it was the most etIicient way to utilize RDA funds and was a strategy the Town could use to avoid negotiating with developers, the EIR process, and future financial liability . He asked the Council to autho~ the Hous~g Committee to seek an appraisal of the site as its next step, based upon advice by bond counsel. Mayor Thompson asked whether the Senior Housing Advisory Committee had seen Mr. Hinkel's report, and thought that committee could benefit from the. information. Councilmember Nygren asked ifthere were SI.4M in RDA funds available to the Town now. Finance Director Stranzl said there would be approxlimate~y S1.3M available by January, 1997. Less funds were available now, according to Stranzl, due to the CeciUa Place project and Hilarita renovations. Chairman Hinkel asked for action by the Council. Mayor Thompson said a Committee [SHAC] had been formed by the Council specifically to deal with the disposition of the Ned' s Way site and asked that the two committees [SHAC and Housing] work together. Councilmember Nygren reminded Council that no action could be taken on Committee Report and asked for the matter to be continued to November 1. CouncilmellDber Ginalski asked for reports from the Housing Committee, Building Advisory and Senior IiIousing Advisory Committees on November 1. Councilmember Thayer complimented Mr. Hinkel for an analytical job showing a path and solution. He asked that the same presentation be made to SHAC before November 1, with ajoint report to Council on November 1. He asked the committees to avoid. being competitive but said [Hinkel's report] raised the dichotomies of the project. Larry Smith, Chairman of SHAC, said he would schedule a meeting but that his Committee would not be ready to make a presentation to Council on Novem1i>er 1. 2. Traffic Safety ComJ11ittee. Police ChiefHerley pl1esented the Minutes of the September 26 TOWN COUNCIL MINUTEs #1066 October 18, 1995 2 r ~. ~ Traffic Safety Commit~ee meeting, along with the Committee's recommendations on various safety issues: 1) Makir)g Main Street one-way to alleviate the double~parking problem; ~ Creating a temporary l!>us-stop (for Golden Gate Transit Commuter auses) in the right-hand turn lane at the comer of Main Street and Tiburon Boulevard; 3) Adding 3~-inch height limit for line of sight at driveways t() Tiburon's Zoning Ordinance; 4) Adding a "bike only" lane on 1/3 of the multi-purpose path (so that bicyclists would not ride two or three abreast, not yielding to pedestrians). Councilmember Nygren asked that previous studies Ion Main Street be looked at before a decision was made about Main Street, and reminded the C011llII1ittee of the opposition by Corinthian Island residents to making ~n Street one-way. 3. Southern Marin Firr Consolidation Update. Councilmember Thayer said that he, Kathy Barnes and Doug Dawson had met on September 28 to discuss mutual assistance and joint training exercises, and ithat there would be a meeting in Belvedere in March of 1996 hosted by the [Southern Marin] Fire Chiefs to further discuss levels of s,rvice and cost. F. CONSENT CALJlNDAR MOTION: Moved: Vote: To Adqpt Consent Calendar [Agenda Items 4 & 5] Nygren, Seconded by Thayer AYES: Unanimous ABSENT: Wolf G. UNFINISHED BVSINESS None. H. NEW BUSINESS 6. New Downtown Tqwn Hall - Approve Architect's COI)tract. Town Manager Kleinert said the Building Advisory CoQunittee ("BAC") and Staff recommended approval of the Standard Form AlA contract, with revisions made by BAC. Town Attorqey Sharp a$ked for clarification before approval of the mutualiwaiver of liability clause between the architect and the Town ofTiburon. Councilmember Nygren asked whether the $1.4M was a ~xed construction only cost in the contract and where the money was coming from for desiglll costs and furnishings. Chairman Wilson said there was ~pproximately $200,000 for design costs and Town Manager Kleinert said this money was coming from interest and the property development fund. Councilmember Nygren also asked about whether the [foundation] construction would be slab or pier, and Wilson repIieq that whatever it was, it would meet all emergency facility standards. Mayor Thompson said the $l.4M was a limit figure and Tpwn Manager Kleinert said the actual cost of construction at the time would be based on Adamson [estimator's] figures. TOWN COUNCIL MINU'$S #1066 October 18, 1995 3 r h L Councilmember Nygr<tn asked when the public would be able to see the drawings. Chairman Wilson said they had been deferred to allow the Library Agency to work on the bond issue for the upcoming election. H~ said up-to-date sketches would be presented at the October 23 BAC meeting. Councilmember ThaY$" asked Chairman Wilson whether he had negotiated this type of contract before and whether the soils study was a separate cost [affirmative to both]. Mayor Thompson opened the public hearing. Nat Marans, 2312 Spanish Trail, said the Gene Miller [soils] report was tentative and needed further review. He warned of the building sinking and cited examples from an article about a building in Hawaii. H~ suggested the Town t8ke extra precautions and get guarantees from the builder. Hearing returned to Council. Councilmember GinalsJci said he was not trying to slow down the process but wanted to get the best possible project for the Town. He asked Town ,staff to work witp Adamson to ensure the estimates were accurate and to see whether the $200,000 in additional fees actually covered the "extras"such as geotechnical studies, title reports, furniture and computers. He asked Town Attorney Sharp to add !language to the contract to h<(>ld th~ Town hannless from claims by the architect's subcontractprs and to look at raising the Errors and Omissions limits in the contract. Councilmember Nygren asked to defer making a dec.sion <l>n the contract until the details had been worked out. Councilmember Thayer asked that a decision not be deferred past the next meeting. Item continu,d to November 1. 7. New Community Li~rary - Property Tax Transfer Agre~ment. M~or Thompson said the Board of Supervisors ~ad taken a fantastic step forward in. approving the withdrawal of Belvedere and Tiburon from the County Library system. Town Manager Kleinert said that the taxes would now revert to the [Belvedereffiburon] Library Agency, inCluding Measure "L" taxes. Town Attorney Sharp asked for a clause to be added holding Belvedere and Tiburon harmless from any potential taxpayer action. Mayor Thompson opened the public hearing. Richard Rozen, Chair ~fthe Belvedere/Tiburon Library Agency, asked if the Town Attorney's request would change the agreement since it had already been approved by the Board of Supervisors. He said tl)e issue would be moot after 1998, and that Measure E included, and would not be in addition to, Measure L funds. Mr. Rozen thanked the ,Council for their support, and Mayor Thompson in particular for his work TOWN COUNCIL MINUTlES #1066 October 18, 1995 4 F F ~ ~ I with the County. He said it was an historic moment and that the dedication of the community had paid off. Carol Forrell, Library Agency, asked if the agreement could be amended after consulting with Lee Jordan [Agency's attotney]. Town Attorney Sharp lsaid a cleaner way to handle the issue was to have a separate agreement between Belvedere!I'iburon and the Library Agency. MOTION: Moved: Vote: To Ad~pt the Library Property Tran$fer Tax Agreement Thayer, Seconded by Ginalski AYES: Unanimous ABSENT: Wolf Resolution regarding above Agreement to appear on November 1 Council agenda. Town Council adjourned to closed session at 9: 17 p.m. and reconvened to open session at 9:27 p.m. Council announced that the request by the Wi~liams' for an earlier meeting with the Town Council was denied. 8. ABAG Power Purqhasing Pool - Subscription A$reement. Finance Director Stranzl gave the staff report and recommendation that the Town position itself with other cities to buy natural gas from alternative ener~ suppliers, if more favorable rates could be negotiated. He said there would be no obligatiort to the Town if the alternative rates were not favorable, and if and when the electrical utilities Were deregulated, the pool would also seek to purchase electricity. Councilmember Thayer said it was an appropriate Wlay to go and there was greater safety in mutual protection. MOTION: Authorize Town to Enter into Subscription Agreement for ABAG Power Purcha$ing Pool Ginalski, Seconded by Nygren AYES: Unanimous ABSENT: Wolf Moved: Vote: I. COMMUNICATI~ None. J. STAFF & TOWN MANAGER REPORTS 9. Option to Add No~mber 15 Council Meeting. Council took the proposal under advisement and deferred making a decision until it became clear whether there was a reason to add a meeting. Marin Mayors and Co~ncilmembers Dinner (October 25). Town Manger Kleinert said there had requests from the public to attend and informed Council that Richard Hill had sent a letter requesting appointment to the Major Crimes Task Force JPA Mayor Thompson said someone TOWN COUNCIL MINUTES #1066 October 18, 1995 5 F l ~ l ~ ,r. should check with Amy Belser, President ofMCCMC, since Mr. Hill was a citizen and not a Councilmember. Council agreed to invite Hill. and Town Council Candidates Hennessy and Perlmutter to the dinner. K. ADJOURNMENT There being no further business before the Town Council of the Town ofTiburon, Mayor Thompson adjourned the meeting at 9:43 p.m., sine die. ANDREW THO ATTEST: IlL -- DIANE L. CRANE, TOWN CLERK TOWN COUNCIL MINUTES #1066 October 18, 1995 6