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HomeMy WebLinkAboutTC Min 1995-06-21 r -. ,. a 't.. TOWN COUNCIL MINUTES CALL TO ORDER Mayor Thompson called the regular meeting of the Town Council of the Town ofTiburon to order at 7:44 p.m., Wednesday, June 21, 1995 in Council Chambers, 1101 Tiburon Boulevard, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Nygren, Ginalski, Thayer, Wolf, Thompson ABSENT: COUNCILMEMBERS: None EX OFFICIO: Town Manager Kleinert, Town Attorney Ewing, Finance Director Stranzl, Police Chief HerIey, Town Engineer Mohammadi, Planning Director Anderson, Town Clerk Crane B. PUBLIC QUESTIONS AND COMMENTS George Landau, 82 Sugarloaf, asked the Council to reconsider and revise the Town policy pertaining to Town-owned trees, so that they would be trimmed on a regular basis to keep view corridors clear. Joe Keller, 699 Hilary Drive, speaking about the Green Can Trial Program, suggested that the Town license gardeners who haul away yard waste in order for the Town to receive appropriate credit at the land-fill facility, or that the waste be put in a special place that would give credit. C. CONSENT CALENDAR A correction was made by Councilmember Thayer to the June 7 minutes, changing the word "defendants" to "plaintiffs" (Item 10, ADA, page 8). MOTION: Moved: Vote: To approve Consent Calendar, including Minutes as amended. Thayer, Seconded by Wolf AYES: Unanimous NOES: None ABSTAIN: Nygren & Ginalski, May 31 Minutes D. UNFINISHED BUSINESS TOWN COUNCIL MINUTES #1057 6/21/95 1 ~ ~ J 5. New Town Facilities. Town Manager Kleinert gave the staff report outlining a plan of action for the implementation of the New Town Hall, Police Facility, and Senior Housing construction. He stated that the Town staff would take an active leadership role, reporting to Council, and proposed that two separate citizen committees be organized to work on the Town Hall and Senior Housing components. The committees would also report to the Council, and "sunset" after their specific tasks were completed prior to construction. The proposed committees consisted of the following individuals: New Town Hall/Civic Center - Jim Wilson (Chair), Hal Edelstein, Jim Levorsen, Bruce Ross, Evelyn Woo; Senior Housing Advisory - Larry Smith (Chair), Hank Bruce, Tom Gram, Martin Mackey, Paul Schrier. Mayor Thompson reported that Paul Schrier could not serve on the Senior Housing committee, and suggested someone from RUSD. Councilmember Thayer said that Nat Marans wanted to serve. Councilmember Wolf said the committees should be kept to five individuals to keep them from becoming unwieldy. Town Manager Kleinert said the current proposed committees were composed of interested and supportive individuals, and asked if there was a need to advertise further. Councilmember Nygren said that the committees should have Tiburon residents on them, given the importance of the issue to the Town and the fact that the Town assets were being used. She proposed that non- Tiburon residents, such as Martin Mackey, Hank Bruce, and Jim Levorsen, be given ex officio status, if asked to serve. She suggested Alan Littman instead of Jim Levorsen, as a library representative. Mayor Thompson opened the public hearing. Hal Edelstein, 34 Noche Vista Lane, said that it was critical to have a small committee working during the design and construction phase to act as intermediary and to handle the details of the work as they occur. He also stated that the Town should look into a soil study right away because it could take a long time and delay the process. He said he would be pleased to serve on the Town Hall Committee, if asked. Richard Hinkel, 2 Malvino Court, volunteered to serve and said that the committees as stated were too small and needed II conscientious, hardworking folks, II not just lawyers and architects. Hearing returned to Council. Council member Thayer said he did not want to tie the hands of the committee chairs, but thought nine individuals per committee was better than five. TOWN COUNCIL MINUTES #1057 2 6/21/95 " ~ J Councilmember Wolf said the committees were set up for the purpose of plan implementation and that it was "weII past the time of constructing political committees. It She said some people were skeptical about the issue of cooperation and said if she saw the process veering in the direction of politics rather than implementation, it would be a show of bad faith. Councilmember Thayer asked ifhe had used the word "political, II and said that he was acting in good faith, based on his experience in working with committees in the past. He asked Councilmember Wolf to withdraw her comment about bad faith~ Councilmember Ginalski said he had asked Town Manager Kleinert to open up the process to the public for participation on the committees. Councilmember Nygren concurred that there should be public notice and the number on the committees expanded to nine. Mayor Thompson said that he had placed a letter in The Ark inviting citizen participation in general. He suggested that the committees start out with five members to get them started, and to decide on further action at the next meeting. MOTION: To adopt the two Committees, as named, with the possibility of expanding to seven members upon recommendation of Committee Chairs and Council, and to incorporate Hal Edelstein's suggestion of continuing through the construction phase with a small committee. Moved: Vote: Wolf, Seconded by Thayer AYES: Ginalski, Thayer, Wolf, Thompson NOES: None ABSTAIN: Nygren Council member Thayer also directed Town staff to follow up on the soil study mentioned by Mr. Edelstein. 6. Blackie's Pasture Marsh Restoration Plan. Town Manager Kleinert reported that the Parks and Open Space Commission had unanimously approved the proposed Marsh Restoration plan and recommended that the Council adopt the plan, subject to the question of future maintenance being resolved, and the plan being coordinated with the other groups and projects currently in the works. Kleinert said the Town had received some adverse comments from some public agencies, and that the Fire Department liked to use the area for staging purposes. He proposed delaying a final decision by Council until all the agencies had seen and commented on the plans. Council member Nygren asked whether the Fire District had seen the proposed 140-car TOWN COUNCIL MINUTES #1057 6/21/95 3 ~ ~ I' I I I parking lot and grass overflow area. Councilmember Thayer asked whether the utility services had been identified in the affected area. Town Manager Kleinert said they had been identified and were located near the berm. Mayor Thompson asked whether the earth excavated from the Marsh would fit in the proposed relocation area. Mayor Thompson opened the public hearing. Barbara Salzman, Audubon Society, gave a presentation explaining the proposed ~Marsh project. She said the Town Council had approved funding for an alternative plan and the latest plan met the criteria. She said the new Marsh would have benefits for the health of the Bay and would leave a large grassy area open for activities and parking. Ms. Salzman said the total cubic yardage of earth was 7,500, to be kept on the site. Mayor Thompson asked whether the earth from the other project (Blackie's Brigade) had been included. Ms. Salzman said she was not in a position to comment on the Brigade Plan. She said the Audubon Society would seek grants to provide funding for the Marsh, primarily from sources available for wetland and marsh restoration. She stated that tidal marshes do not require a lot of maintenance but that the drainage channel might have to be opened up every 15-20 years. Council asked questions about parking and emergency access. The issue of whether the Town would lose jurisdiction to BCDC was also raised. Councilmember Nygren said the Town would be privileged to have Ms. Salzman's expertise and listed her accomplishments on other Marsh Restoration projects. Councilmember Thayer thought that Blackie's Brigade should be allowed to go forward with their part of the plan if there were no substantial conflicts. Larry Smith said that work would commence within the next 30 days. After a lengthy public hearing, both for and against the Marsh, the matter was continued to allow time to answer some of the questions raised and to receive comments from the public agencies. Councilmember Thayer also proposed giving the Audubon Society a year in which to raise the necessary funds. 7. Downtown Ferry Dock Realignment. Town Attorney Ewing reported on his meeting with Mr. Irmer and members of the Bayside [Pt. Tiburon] Homeowners' Association. He also had further discussions with the engineer about the size of the dock and found the size could be reduced from 132 feet to 100 x 34 feet and still meet ADA and budget requirements. TOWN COUNCIL MINUTES #1057 6/21/95 4 ~ ~ J Ewing reiterated his opinion that the public use and construction of the dock would not violate that subdivision agreement with Pt. Tiburon, but noted that the residents ofPt. Tiburon were still opposed and had indicated they would pursue legal remedies if the Town proceeded with the plan. Mayor Thompson opened the public hearing. C.J. Key, 108 Paradise Drive, John Yoeman, 107 Paradise Drive, Herb Charles, 114 Paradise Drive, all spoke against the proposed dock, and said the Homeowners were prepared to take legal action if the dock was approved. Mayor Thompson closed the public hearing. Councilmember Thayer said that emergencies such as the 1982 Golden Gate Bridge closing and 1989 Lorna Prieta Earthquake would require a good dock to handle the public safety and welfare needs of the community, and wondered whether something could be worked out to meet these needs. He said it was not a good idea for the Town to enter into litigation with its residents. Councilmember Wolf asked whether the dock could be rotated closer to [the Main Street] shore and McDonogh Dock. Councilmember Ginalski asked whether the dock could be built somewhere else and whether the State had plans to build a dock. Councilmember Nygren said the size of the dock and increased traffic was not in keeping with Tiburon's small-town character, and if the Town built in open space it would be setting a bad precedent. Mayor Thompson said the Town had a moral obligation to conform to ADA and the point of building the dock was not to increase traffic, but that the size of the proposed dock was still unacceptable. Town Attorney Ewing said he had looked into a rotating dock or parallel dock and that neither option was viable at this time. He said a smaller dock would not conform to ADA. MOTION: To drop the proposal for a New Downtown Ferry Dock. Moved: Vote: Ginalski, Seconded by Nygren AYES: Unanimous NOES: None E. PUBLIC HEARING 8. FY95-96 TOWN BUDGET. Council member Wolf asked for a line item to be added for compensation (salary adjustment), and to agendize discussion of various fund transfers. Finance Director Stranzl said he would amend the Resolution accordingly. TOWN COUNCIL MINUTES #1057 6/21/95 5 ~ " J I I i I i. MOTION: To adopt the FY95-96 Town Budget, as amended. Moved: Vote: Thayer, Seconded by Wolf AYES: Unanimous NOES: None 9. Leaf Blower Ordinance. Councilmember Wolf said she thought the ordinance as drafted was almost meaningless and asked that it be sent to the Planning Commission for their review. She suggested that the Commission develop a proposal similar to Ross' ordinance which limits the use of gas leaf blowers. Council member Thayer concurred. Mayor Thompson opened the public hearing. George Landau, 82 Sugarloaf, said that leafblowers were loud and saw no reason for their existence. He thought Belvedere had the right idea in banning (gas) leafblowers. Joe Keller, 699 Hilary Drive, concurred. Hearing returned to Council. MOTION: To remand the ordinance to the Planning Commission to develop a new ordinance in the direction of Ross' ordinance. Moved: Vote: Wolf, Seconded by Thayer AYES: Unanimous NOES: None F. COMMUNICATIONS 10. Eighth Annual Chili Festival. Unanimously approved. 11. Letter from Attorney Nielsen to Town Manager. Town Manager Kleinert reported receiving a letter from Mr. Zelinsky's lawyer, Chip Nielsen, suggesting the Town ask the State to remove the lis pendens from the Town-owned portion of the property at the Downtown Town Hall site). Councilmember Thayer said he thought it was an appropriate step. Council directed Town staff to write a letter to the State. TOWN COUNCIL MINUTES #1057 6/21/95 6 ~ (l J G. STAFF & TOWN MANAGER REPORTS Council directed Town staff to set up interviews for openings on the Planning Commission and Design Review Board. Town Manager Kleinert said he had sent letters to the incumbents and was waiting for their replies. There being no further business before the Town Council of the Town Tiburon, Mayor Thompson adjourned the meeting at 12:15 a.m., sine die. {ld;LJ 0l ~ ANDREW THOMPSON, MA ~ DIANE L. CRANE, TOWN CLERK TOWN COUNCIL MINUTES #1057 6/21/95 7