HomeMy WebLinkAboutTC Min 1995-10-18
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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
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October 18, 1995
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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
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October 18, 1995
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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 $l.4M was a limit figure and Tpwn Manager Kleinert said the actual
cost of construction at the time would be based on Adamson [estimator's] figures.
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Councilmember Nygr<tn asked when the public would be able to see the drawings. Chairman
Wilson said they had been deferred to allow the Library Agency to work on the bond issue for the
upcoming election. H~ said up-to-date sketches would be presented at the October 23 BAC
meeting.
Councilmember ThaY$" 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 $200,000 in additional fees actually covered the
"extras"such as geotechnical studies, title reports, furniture and computers. He asked Town
Attorney Sharp to add !language to the contract to h<(>ld th~ Town hannless from claims by the
architect's subcontractprs and to look at raising the Errors and Omissions limits in the contract.
Councilmember Nygren asked to defer making a dec.sion <l>n the contract until the details had
been worked out. Councilmember Thayer asked that a decision not be deferred past the next
meeting. Item continu,d to November 1.
7. New Community Li~rary - Property Tax Transfer Agre~ment. M~or Thompson said the
Board of Supervisors ~ad taken a fantastic step forward in. approving the withdrawal of Belvedere
and Tiburon from the County Library system. Town Manager Kleinert said that the taxes would
now revert to the [Belvedereffiburon] Library Agency, inCluding Measure "L" taxes.
Town Attorney Sharp asked for a clause to be added holding Belvedere and Tiburon harmless
from any potential taxpayer action.
Mayor Thompson opened the public hearing.
Richard Rozen, Chair ~fthe Belvedere/Tiburon Library Agency, asked if the Town Attorney's
request would change the agreement since it had already been approved by the Board of
Supervisors. He said tl)e issue would be moot after 1998, and that Measure E included, and
would not be in addition to, Measure L funds.
Mr. Rozen thanked the ,Council for their support, and Mayor Thompson in particular for his work
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with the County. He said it was an historic moment and that the dedication of the community had
paid off.
Carol Forrell, Library Agency, asked if the agreement could be amended after consulting with Lee
Jordan [Agency's attotney]. Town Attorney Sharp lsaid a cleaner way to handle the issue was to
have a separate agreement between Belvedere!I'iburon and the Library Agency.
MOTION:
Moved:
Vote:
To Ad~pt the Library Property Tran$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
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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
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DIANE L. CRANE, TOWN CLERK
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