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HomeMy WebLinkAboutTC Min 1995-01-18 I""'- . TOWN COUNCIL MINUTES CALL TO ORDER Mayor Thompson called the regular meeting of the Town Council of the Town of Tiburon to order at 7:32 P.M., Wednesday, January 18, 1995 in Council Chambers, 1101 Tiburon Blvd., Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Ginalski, Thayer, Thompson, Wolf, Nygren ABSENT: COUNCILMEMBERS: None EX OFFICIO: Town Manager Kleinert, Town Attorney Ewing, Town Engineer Mohammadi, Police Chief Herley, Finance Director Stranzl, Town Clerk Hennessy B. APPOINTMENTS TO COMMISSIONS BOARDS. COMMITTEES ~ L There were none. C. PUBLIC OUESTIONS AND COMMENTS George Landau, 82 Sugarloaf Drive, thanked Council, Staff and volunteers in their efforts to acquire the Harroman Property. Don Fisher, 73 Eastview Avenue, complained that a sign had been placed on property in front of his property and questioned design review and Council procedure; asked that Town Council Minutes approving the sign be distributed to Corinthian Island residents. D. COUNCIL. COMMISSION OR COMMITTEE ORAL REPORTS Mayor Thompson stated as representative to the Richardson Bay Regional Agency, he had been working diligently to have vessels and debris removed from the Tiburon shore. E. CONSENT CALENDAR MOTION: To approve the Consent Calendar consisting of the following items: ~ 1. APPROVAL OF MINUTES #1038, December 7,1994 2. INVESTMENT POLICY (Annual Adoption of Policy) TOWN COUNCIL MINUTES #1041 1/18/95 1 ~ 3. DENY APPEAL DESIGN REVIEW BOARD DECISION (AP. #58-261-35; Applicants: Mr. and Mrs. Boosalis, 102 Mount Tiburon, New Residence; Appellants: Howard & Diane Zack - Resolution) 4. GENERAL PLAN IMPLEMENTATION STATUS REPORT FOR 1994 (Accept Annual Report and Forward to State Housing & Community Development) I Moved: Vote: Thayer, Ginalski AYES: Unanimous NOES: None F. PUBLIC HEARING 5. CORINTHIAN ISLAND STAIRS (Property Owner's Appeal of Building Official's Decision Requiring Repair of Stairs) h L Dean Bloomquist, Building Official, and Sia Mohammadi, Town Engineer, used a diagram to depict stairs that run from Main Street to East View, which had been closed by the Building Official due to hazardous condition and need of repair; stated the stairs run over several properties, and the Town owns both ends of the stairs; stairs are needed by the Fire Department; there has been no action to correct the problem for over a year; stated it is the charge of the Building Department to see that hazardous conditions are corrected; recommended the Town build pier supported stairs. Mr. Bloomquist stated Don Fisher appealed the decision of the Building Official to have the Town rebuild the stairs; rough estimate is $50,000; wooden stairs would be a problem of support; the only way to rebuild the stairs without using the Bank building is to do free standing stairs; Gene Nelson, who the Town hired, suggested this solution. Discussion followed regarding the slide area, waterproofing of the bank building, not using the bank building as a retaining wall because it wasn't designed to act as a retaining wall; assessments for some or all of the interested parties; possibility of law suits; the Town doesn't become libel because they are abating a nuisance; if the project included retaining wall, drainage, stairs and bank building waterproofing, the cost would be significantly reduced to approximately $5,000-$10,000. Dr. Swift showed drawings of steps, eroded area due to the steep cut by the building of the bank, and failure to build a retaining wall eroded the stuffing from under the stairs; showed Town Survey dated, November 28, 1994 and Morey survey; simple repair proposed by James Bischoff of Callister & Bischoff; reviewed extracts from Building Department memos; questioned why the Town hasn't required the Moreys and Mahoneys to comply; reviewed Building Codes which state a downhill owner is responsible; reviewed other Town property liability; stated they were willing to sell the steps to the Town for $1; suggested the owners be required to fill in under the stairs. l- TOWN COUNCIL MINUTES #1041 1/18/95 2 ,...... In response to Mayor Thompson, the Building Official stated it is not his responsibility to make people do what should have been done years ago when the bank building was built but to alleviate this hazardous condition; conflicts between neighbors go on and are a civil matter between property owners; it is straight forward to say the stairs are a hazard; it is more difficult to ask for retaining walls now; agree that the Civil Code requires the downhill owner to be responsible. t The Town Attorney explained the Civil Code/civil suit process and stated law suits could cost tens of thousands of dollars. Fred Peterson, attorney representing Dr. Swift's homeowners insurance carrier, proposed the Town accept the pathway if the owners bring it to an acceptable position and install upgrade measures such as hand rails, lighting and repair stair treads; proposed working with the property owners to hire a design professional to come up with the most economical and safe way to temporarily repair the pathway so that it can continue to be used. Mr. Peterson explained the law of first and third party insurance coverage. Also stated he felt there were other owners on Corinthian Island who would make a joint effort to pay for final repairs. , In response to Councilmember Nygren, the Building Official and Engineer estimated a retaining wall would cost approximately $140,000. "" L Don Fisher, 73 Eastview, wanted to clarify any misconceptions and explained how he got building permits and variances as soon as he realized they were required. Debra Lynn McCormick, 59 Eastview, noted there is a lot of traffic on the stairs; urged that the stairs be fixed for safety reasons. Council agreed they didn't want to acquire the stairs. Councilmember Nygren felt the Moreys were responsible and the Town should make the attempt to force the Moreys to fix the wall at their expense so that the stairs can be built for $5-10,000. Motion: To adopt Staff recommendation that the appeal be denied and that the Town act promptly to restore this essential pathway to safe use. Thayer, Seconded by Wolf AYES: Ginalski, Thayer, Wolf, Thompson NOES: Nygren F. BUSINESS Moved: Vote: 6. DONAHUE BUILDING LEASE (Authorize Lease to Landmarks Society) Council waived reviewing the Staff report. ~ TOWN COUNCIL MINUTES #1041 1/18/95 3 I Ann Albrecht, General Manager, Point Tiburon Bayside and Lagoon Condominium Associations, asked that details of the hours of use, parking and subletting, be included in the lease or a separate document covering details; questioned Article 7 page 4 which addresses repairs and questioned the rust and deterioration of the roof; page 5, questioned wording "unreasonably delayed" in reference to color of the building or some assurance that the building would not be painted the original color of brown and yellow; Article 10, page 9, questioned why the building would be rebuilt; page 7, concerned construction would begin and not be finished. I""'- . The Town Attorney stated use and hour restrictions would be included in a separate document; language modified so Landmarks could sublease with approval of the Town; Landmarks is aware of the condition of the roof and any changes will have to comply with compliance for historic buildings; Landmarks intent is to maintain the current color; Council has previously expressed support for rebuilding because Landmarks will have a lot invested in this building they would be allowed to maintain a museum; construction would be subject to time constraints. Beverly Bastian, Landmarks Society, stated they have no plans to change the color. Motion: To authorize Mayor to execute lease of the Donahue Building with the Landmarks Society. Nygren, Seconded by Wolf AYES: Unanimous NOES: None ~ L Moved: Vote: 7. NEW TOWN ADMINISTRATIVE & POLICE FACILITIES a. Ned's Way Proposal; b. Downtown/Ned's Way Proposal; c. Vice-Mayor Ginalski's Compromise Proposal; d. Financing Methods; e. Citizen Initiative Petitions (1) An Initiative Selecting Locations for New Town Administrative and Police Buildings, (2) An Initiative Requiring the Disposition of and Regulating the Future Use of the Current Town Hall Site at Ned's Way; 1. Town Clerk Certifies Sufficiency of Petitions; 2. Council May Introduce the Two Ordinances Without Alteration and Adopt within Ten Days; 3. Council May Order a Report to be Prepared Within 30 Days (February 17,1995); 4. After the Report is Presented, Council May Adopt Ordinance Within 10 Days, or 5. After the Report is Presented, Council Shall Submit Ordinances at next Regular Municipal Election (June 6, 1995); f. Ballot Measures The Town Manager reviewed the Staff report. The Town Clerk presented certification that the two citizen Initiatives have sufficient signatures to qualify to be adopted by the Town Councilor placed on the June 6, 1995 ballot. ~, TOWN COUNCIL MINUTES #1041 1/18/95 4 I""'- Larry Duke, former Mayor, 62 Paseo Mirasol, official circulator of the Initiatives, stated in the fall of 1985 the last ballot Initiative took ten weeks to get 700 signatures; his committee collected over 700 signatures in less than 10 days; stated he had grossly underestimated the amount of support for these petitions. t In response to Councilmember Nygren who questioned letters that he signed and sent in 1988 to the State Assemblyman, State Senator and State Parks, and the Parks & Recreation Element of the General Plan with regard to parking, Mr. Duke stated he couldn't remember which letters she was referring to but didn't think they were issues with regard to the Ballot Measures. Mr. Duke expressed his support and appreciation to those who collected the signatures during stormy weather. In response to Councilmember Nygren, Mr. Duke stated wording for the location of the Police facility includes the entire site; wording regarding congregate care facility is self- explanatory and the exact type of housing is a decision of the Town Council. ~ L In response to memo prepared by Councilmember Ginalski regard~ng adequacy of the Angel Island parking, Councilmember Wolf stated the plan displaces 28 spaces and opens another lot which includes 57 spaces for a net increase of 29 spaces; read verbatim transcript from October 5 Town Council minutes which stated the Council supported expanded service from the East Bay; stated it needs to be qualified that nobody suggested Tiburon was prepared to increase parking for peak days when we were already at maximum; Council is not convinced the demand warrants service from Larkspur; stated if anyone on the Council has the intent of increased day visitors to Angel Island, it should be straightened out now. Discussion ensued regarding number of parking spaces for the Town Hall Staff (18), Mar West parking lot (76) and dirt lot behind Safeway (28 designated and 29 open spaces). In response to Councilmember Nygren, Mayor Thompson stated parking constraints listed in the General Plan are going to exist regardless of the Town Hall plan; 18 space gain. Councilmember Nygren stated she heard him but didn't agree with the scenario. Councilmember Ginalski stated regarding the Angel Island issue, his recollection was they didn't speak about increased parking during the day; generally spoke of impacts of the Larkspur service being started; there would be an increase of visitors to Angel Island and a certain number through Tiburon. ~ In response to Councilmember Ginalski, Mr. Rosen, Library Committee, stated a JPA would establish a Peninsula Library Board with members appointed by both Council of Tiburon and Belvedere; title to both the land and the building should be held by the Peninsula Library Board; they still planned to be part of the County Library system; TOWN COUNCIL MINUTES #1041 1/18/95 5 I working with County Counsel, Supervisor Rose and Librarian for creative solution to maintain local control. ,...... Bruce Ross showed design study to help Council understand impacts of a senior housing project on Ned's Way site; units to be approximately 900-1200 sq.ft.; 9000 sq.ft. of parking underground; all automobiles access off Ned's Way; a communal room and security entrance; total 29,900 sq.ft.; proposed additional guest parking spaces along Ned's Way and assume ability to reach an agreement by the developer with The Hilarita to use Ned's Way in return for additional parking spaces; community gardens would be . relocated northward to open space. In response to Councilmember Nygren, Mr. Ross stated infrastructure will be included. Councilmember Ginalski summarized his proposal for a possible compromise solution and utilization of a facilitator in a committee process. Councilmember Nygren distributed three informational documents which referred to Downtown Town Hall plan impacts; square footage comparison at Ned's Way and a Downtown Town Hall cost analysis. The Mayor opened the public hearing. J...- L The Mayor read Fran Mayberry's comments which stated she felt senior housing on a - hillside was inappropriate. Sharon Bass discussed the library site and questioned $500,000 sale of property to the. County. Dian Ashley, President, Chamber of Commerce, discussed Angel Island Ferry service and the downtown parking situation. " Ken Leigh, State of California State Parks District Superintendent, stated 90,000 visitors go to Angel Island via Tiburon and was concerned there was no designated parking for Angel Island; questioned Mayor Thompson's statement regarding multi-storied parking structures in Tiburon. Carolyn Hockley questioned ballot measures and appropriateness of senior housing at Ned's Way. Nat Marans questioned senior housing project; questioned excessive density; questioned if Bruce Ross was associated with the proposed developers. Margaret McDonogh questioned downtown parking spaces and allocation for future needs; expressed concerns regarding negative impact on the Angel Island ferry service. ~ TOWN COUNCIL MINUTES #1041 1/18/95 6 I"'" Randy Greenberg questioned impacts of the initiatives and asked what happens to the planning process if there is a mandate to build at Mar West and it conflicts with environmental concerns. I John Hoffmire urged the Council to work together. Larry Smith noted the Downtown Plan offered a No Tax opportunity; Council should help resolve issues and not fight the Downtown Plan. Kirk Hanson urged support of the Downtown Plan. Councilmember Thayer recommended requesting a Report from Staff regarding the impacts of the two Initiatives and how they affect the planning process; financial expense to mitigate impacts; the impact of constructing a 30,000 sq.ft. senior housing project and the possible need to increase number of units; questioned whether it is really a No Tax alternative; asked Staff to respond to Margaret McDonogh's list of concerns; asked Staff to respond to Councilmember Nygren's lists of concerns; asked Staff to contact the Library's Structural Engineer for information, and requested an outline of the fiscal and planning concerns be agendized for the next meeting. ~ l Vice- Mayor Ginalski asked if there was Council support for his compromise plan and use of a facilitator. Councilmember Wolf suggested allowing the process to run its course. Councilmember Nygren wasn't certain a compromise proposal would work; too many issues involved. Councilmember Nygren proposed two ballot measures; one to build on the Ned's Way site and (2) to sell Mar West property to the County for use as a library; also suggested the Ad Hoc Committee be disbanded after February 4. Vice-Mayor Ginalski supported New Town Hall discussions on separate agendas; supported ballot ordinances' being agendized. Councilmember Wolf supported keeping the Ad Hoc Committee at least through the Workshop; offered to work with the Park Service regarding their parking concerns; willing to consider some type of ballot wordings. Councilmember Thayer supported some sort of ballot wording; preferred to keep Town Hall discussions on regular agendas, and supported leaving the Ad Hoc Committee. Mayor Thompson supported the No Tax Downtown Plan; hopes Council will pull together and make it happen; preferred no other Town ballot measures. ~ The Town Manager summarized the discussion and stated Staff would bring back ballot wording for the two m~asures proposed by Councilmember Nygren; the Ad Hoc TOWN COUNCIL MINUTES #1041 1/18/95 7 I"'" , Committee will continue through the Community Workshop on February 4 and then disband; Staff will prepare an Outline of the Impact of the two Citizen Initiatives' Report for the February 1 meeting; final Report presented February 15, and the New Town Hall issue will remain on the regular Town Council agendas. H. COMMUNICATIONS 8. CARNIVAL ON THE GREEN - May 6 & 7 (Tiburon Peninsula Foundation Community Fund Raiser for Blackie's Pasture and McKegney Green) Council received information. I. STAFF AND TOWN MANAGER REPORTS There were none. J. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Thompson adjourned the meeting at 1:45 A.M., January 19, 1995 sine die. r ~ TOWN COUNCIL MINUTES #1041 1/18/95 8