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Home My WebLink AboutTC Min 1995-08-16 f' "-' L~ I"" ., TO\VN COUNCIL l\1INUTES CALL TO ORDER Mayor Thompson called the regular meeting of the Town Council of the Town ofTiburon to order at 7:45 P.M., Wednesday, August 16,1995 in Council Chambers, 1101 Tiburon Boulevard, Tiburon, California. A. ROLLCALL PRESENT: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: EX OFFICIO: Ginalski, Wolf, Thayer, Thompson Nygren Town Manager Kleinert, Interim Town Attorney Sharp, Finance Director Stranzl, Planning Director Anderson, Public Works Superintendent Iacopi, Town Engineer Mohammadi, Town Clerk Crane. B. PUBLIC QUESTIONS AND COMMENTS Councilmember Ginalski asked if there was a date set for and who was planning the Harfoman celebration. Town Manager Kleinert said he had spoken to John Collette and the Town was waiting until further progress had been made in the lawsuit before setting a date. Mayor Thompson said the group who had worked on the Jay celebration might get involved. C. APPOINTMENTS TO BOARDS. COMMISSIONS OR COMMITTEES MOTION: Moved: To appoint Kam Shad an to the Design Review Board Ginalski, Seconded by Thayer MOTION: Moved: To appoint Dolores Parhomenko to the Design Review Board Thompson, Seconded by Wolf Councilmember Thayer said he would like to interview Ms. Parhomenko again before making a decision and expressed concern that she had not participated in Board meetings in the past. Vote (1st Motion only): Vote: AYES: NOES: ABSENT: Unanimous None Nygren Second motion withdrawn pending second interview with Dolores Parhomenko. D. COUNCIL. COMMISSION OR COMMITTEE REPORTS None. TOWN COUNCIL MINUTES #1062 August 16, 1995 r ~ l ~ E. CONSENT CALENDAR Item 12 (1995 Congestion Management Report) moved onto Consent Calendar. Correction to August 2, 1995 minutes: Change motion on Page 1 to "Moved by Councilmember Wolf." Consent Calendar unanimously approved, as amended above. H. NEW BUSINESS (Moved forward on agenda to accomodate filming by Channel 31.) 10. Red & White Ferry Service to Candlestick Park. Town Manager Kleinert reported that the event and been a success and there did not appear to be any problems created by parking on that day. He showed photos taken by Councilmember Wolf and read the results from a survey passed out on the ferry. Terry Koenig, Red & White Fleet, said his company was considering doing a trial run to a couple of San Francisco 4gers games, but that there were logistical problems with the docking facilities at Candlestick. He reiterated Red & White's willingness to participate in a parking study for downtown Tiburon. Council concurred with the idea. F. UNFINISHED BUSINESS 6. Vista Tiburon Subdivision. Town Attorney Sharp advised keeping the 3: 1 tree replacement ratio called for in the Mitigation Monitoring Plan because he felt it a change was not contemplated in the EIR and it would be necessary to reopen the EIR process to make a change. Sharp told Council that the issue of "bonding" the developer was a misnomer since the Town already had substantial monetary deposits on hand from the developer for compliance with and completion of various stages of the project. He said the Town could retain as much as reasonably necessary to ensure compliance with the landscaping plan and suggested that the arborist be consulted for the length of time necessary and amount of money to keep on hand. With regard to the Heritage Oak on Lot 20, Town Attorney Sharp suggested that the Town require an "after the fact" tree cutting permit to be issued at the discretion of the Planning Director. Mayor Thompson opened the public hearing. Lee Orginos, owner of Lot 20, said he had consulted Kaplan & Ham who told him the Town's tree ordinance did not preclude making "repairs" to the tree. He said he and a friend used a chain saw to cut off some dead limbs to make the tree safe for his daughters to play under. He distributed a report from his arborist, Davey Tree Expert Company, who stated that the pruning did more good than harm. TOWN COUNCIL MINUTES #1062 August 16, 1995 2 r ~ l Rob Ham, developer of Vista Tiburon, showed Council a drawing and explained the installation of the drainage "V Ditch" that had come into question. He explained in detail the process of staying within the boundaries of the final recorded map and how to do otherwise would be illegal, how they had cut some lower branches of the tree that were touching the ground in order to stay within the easement, and how he, the Town Engineer and Planning Director had all agreed on the exact location. He asked Council what, if anything, he had done incorrectly. Hearing returned to Council. MOTION: To adopt the recommendations of Town Attorney, subject to amount of reserve being determined by the arborist and a contract made with the developer, and Council to give final approval; that a tree permit be issued regarding the Heritage Oak on Lot 20, along with recommendations of Bartlett Tree Service. Moved: VOTE: Thayer, Seconded by Ginalski. AYES: Unanimous NOES: None ABSENT: Nygren (Recused from Issue) 7b). Building Advisory Committee. Town Manager Kleinert gave the Staff report and informed Council that action would be required to approve the first phase of funding, not to exceed $25,000. Hal Edelstein, Building Advisory Committee, said they had entered into contract negotiations with Bull, Stockwell, Allen & Ripley, and that the money would be used for a preliminary site plan, landscaping and grading plan. The $25,000 fee would be credited toward the total amount negotiated in the final agreement. Councilmember Ginalski said he would not vote to approve $25,000 in design fees for a piece of property not yet owned by the Town, and with a lis pendens and lawsuit against it. Council member Thayer said the project had reached a critical mass and it was important to move forward. Council member Wolf said the Town would prevail in the ownership of the land and concurred with Thayer that it was important to cooperate in conjunction with the library project. She did not favor spending an additional $7500 for 3-D drawings. Mayor Thompson said it was important to move ahead in good faith with Mr. Zelinsky and to follow the wishes of67% of the voters. Council member Ginalski said he was not questioning anyone's "good faith." TOWN COUNCIL MINUTES #1062 August 16, 1995 3 F J- l MOTION: To approve the Building Advisory Committee's request for $25,000 for the purposes stated in Bull, Stockwell's August 8 letter. Moved: Vote Thayer, Seconded by Wolf AYES: Thayer, Thompson, Wolf NOES: Ginalski ABSENT: Nygren 7a). Senior Housing Advisory Committee. Larry Smith, Chair of SHAC, said the committee had met three times and was absorbing a lot of data. He said he was optimistic that the Redevelopment Agency could playa major role in the development of the Ned's Way site. Qn the previous matter, Council directed staff to talk to Zelinsky about starting the process of conveying the [Town Hall site] land to the Town. Mayor Thompson opened the public hearing. Nat Marans, 2312 Spanish Trail, asked how many units were planned for the Ned's Way site, if there had been an EIR, and when the property would be available for other bids. Chair Smith said his committee was taking names of interested parties. Town Manager Kleinert said there might not be a bidding program. Richard Hinkel, 2 Malvino Court, Chair of the Housing Committee, said the committee had made its recommendations and asked Council to examine the purpose of his committee and determine whether it had an ongoing function as a standing committee. Hearing returned to Council. Council member Wolf said the voters had agreed to up to 25 units or housing at the Ned's Way site and asked that the number not be exceeded. 8. Black's Pasture Improvements. Councilmember Wolf recused herself. Town Engineer Mohammadi said that the main parking lot would be closed for five days (beginning September 11) for grading and that temporary parking would be available on the Bay side of the path. Mayor Thompson said the lot was being closed for safety reasons. During public hearing, it was determined that there would be walking access through the pasture, and that the Trestle Glen crossing would be open. Bruce Abbott, 458 Greenwood Beach Road, asked if any attempt would be made to protect nearby residents from overflow parking. Mayor Thompson said public notice would include "no illegal parking." Council directed Town Engineer Mohammadi to proceed. TOWN COUNCIL MINUTES # I 062 August 16, 1995 4 r ~ l .. .. G. PUBLIC HEARING 9. Storm Water Run-Off Program. Council member Wolf asked who was the Town's representative to the JPA. Finance Director Stranzl said that it was under the auspices of the Streetlight JP A and Town Manager Kleinert attended those meetings. Steve Ziegler, County of Marin, said the program was also discussed at [County] Public Works meetings. In response to a question from Councilmember Wolf, Ziegler said that State monitoring fees had gone up which, in part, accounted for the jump in fees charged to the Town. Councilmember Wolfsaid the Town had always maintained drainage and street sweeping. Ziegler responded that the Storm Water program would allow the Town to upgrade and maintain its improvements. Council agreed that there should be no more assessments charged to the taxpayers and determined that the $21,000 Storm Water assessmenLwould have to come out of the Town's general fund. Ordinance was tabled. H. NEW BUSINESS 11. FY95-96 Budget Adiustment - Mower. Council voted to authorize Public Works to purchase a new mower not previously included in the FY95-96 budget. REPORT ON CLOSED SESSION Town Attorney Sharp reported that no action was taken in the Closed Session regarding State of California v. Zelinsky. et aI. There being no further business before the Town Council of the Town ofTiburon. Mayor Thompson adjourned the meeting at 9:55 p.m., sine die. ~/7 :Jl // t7 /} /; JU~---=- ~~ ANDREW THOMPSON, MA Yd'R DI TOWN COUNCIL MINUTES #1062 August 16, 1995 5