HomeMy WebLinkAboutTC Min 2000-08-16
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TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Gram called the regular meeting of the Tiburon Town Council to order at 7:35 p.m.
on Wednesday, August 16,2000, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon,
California.
A. ROLL CALL
PRESENT: COUNCILMEMBERS:
Bach, Gram, Hennessy, Matthews, Thompson
PRESENT: EX OFFICIO:
Town Manager Kleinert, Interim Town Attorney
Sharp, Planning Director Anderson, Senior Planner
Watrous, Finance Director Stranzl, Superintendent
of Public Works Iacopi, Acting Chief of Police Lt.
Aiello, Town Clerk Crane Iacopi
B. ANNOUNCEMENT OF CLOSED SESSION ACTION Uf any)
Mayor Gram said no action was taken in closed session.
C. PUBLIC QUESTIONS AND COMMENTS
None.
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D. COUNCIL. COMMISSION & COMMITTEE REPORTS
None.
E. CONSENT CALENDAR
1) TOWN COUNCIL MINUTES - No. 1995 - July 19,2000; No. 1196 - August 2, 2000-
(Adopt)
2) 2-98 NED'S WAY - (Chandler's Gate Senior Housing Project) - Grant of Five-foot
Drainage Easement; AP No. 58-151-27 - (Resolution)
Mayor Gram requested that Item No.2 be heard at the conclusion of the meeting.
Town Manager Kleinert asked that Item No.7 (Unfinished Business) be added to the Consent
Calendar as the Del Mar Valley Homeowner's Association President, Joan Wilson, had stated that
their group found the Staff's recommendation acceptable.
MOTION:
Moved:
Vote:
To approve Consent Calendar No. 1 & 7 above.
Hennessy, Seconded by Gram
AYES: Unanimous
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Mayor Gram asked to move New Business Item No. 10-"Town Manager Position - (Discussion
& Possible Appointment; Approval of Employment Agreement"--up on the agenda.
Town Council Minutes #1197
August 16, 2000
Page 1
,....... Mayor Gram introduced and announced the appointment of Port 01 a Valley City Administrator
Alex Mcintyre as the new Tiburon Town Manager. Gram said the selection process started in
March when Town Manager Kleinert informed the Council of his retirement after 26 years as
Town Manager. A subcommittee of Mayor Gram and Councilmember Matthews was formed to
hire a search firm, Hughes Perry. Over 40 applications were received and Council interviewed six
(6) candidates and selected two finalists.
Mayor Gram said he had conducted reference interviews of Port 01 a Valley community activists,
StaH: Council and Commissioners which were all "overwhelmingly in favor" of Mr. Mcintyre. He
summarized the Town's employment agreement with Mr. Mcintyre, as follows:
· an annual salary of $110,000 and standard management benefits
· a $350 montWy auto allowance and a two-year Golden Gate Bridge "Fast Track Pass"
· a mortgage allowance of$250,000 (advanced by the City of Port 01 a Valley)
· at-will employment with 60 days written notice by either party
. an annual performance review
· a termination package of six months severance pay
Mayor Gram opened the public hearing. There was no public comment. Town Attorney Sharp
said copies of the agreement were available to the public.
MOTION:
To appoint Alex Mcintyre as Tiburon Town Manager and authorize the Town to
enter into the Employment Agreement with Mr. McIntrye.
Matthews, Seconded by Bach
AYES: Unanimous
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Moved:
Vote:
Council noted that Mr. McIntyre's start date was still being negotiated, and that Town Manager
Kleinert would stay on until approximately the end of September.
F. APPOINTMENTS TO BOARDS. COMMISSIONS & COMMITTEES
3) DESIGN REVIEW BOARD - (One Vacancy)
Town Clerk Crane Iacopi said the application period had closed. She also noted that several
candidates previQusly interviewed by Council for the Planning Commission vacancy had expressed
interest in Design Review, as well.
MOTION:
Moved:
Vote:
To appoint Michael Figour, 2131 Vistazo East, to the Design Review Board.
Bach, Seconded by Matthews
AYES: Unanimous
G. PUBLIC HEARING
4) MARIN EMERGENCY RADIO AUI1IORlTY (MERA) - Appeal of Planning
Commission Denial of a Conditional Use Permit Application for installation and operation
of a Wireless Communications Facility on a Marin Municipal Water District Storage Tank
site located at 99-1/2 Mt. Tiburon Road - (AP No. 58-261-32)
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Town Counci/Minutes #1197
August 16, 2000
Page 2
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Senior Planner Watrous noted that MERA had requested a 90-day continuance of the matter.
Brock Amer, Executive Director ofMERA since August 1, 2000, proposed two actions on behalf
ofMERA:
1) to withdraw the appeal;
2) request that the Council appoint a subcommittee consisting of two Town Councilmembers,
two members of COP AS (Citizens for Open Process in Antenna Siting) and two MERA
representatives, to study potential sites in Tiburon for the MERA antenna and to come back
to Council in 90 days with recommendations.
Mayor Gram asked that MERA not only withdraw its appeal, but withdraw the consideration of
the Mt. Tiburon site, as well.
Mr. Amer said that by withdrawing the appeal, the site was being taken off the table and that no
new application could be made for at least one year (for that site). However, he said he could not
bind a public agency in the manner suggested by Mayor Gram.
Amer further stated that by withdrawing their appeal, MERA had essentially met the Council's
and Mayor Gram's objective.
Vice Mayor Thompson said it was a great idea to look at other sites and volunteered to serve on
the committee. Councilmember Hennessy concurred.
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Councilmember Matthews said he wanted to "bring closure" to the Mt. Tiburon site. Mr. Amer
replied that MERA would report back in 90 days and that by withdrawing the appeal, the Mt.
Tiburon site was "off the table" for a minimum of one year according to State law.
Councilmember Bach also agreed with the recommended actions.
Mayor Gram also volunteered to serve on the committee. He suggested that Howard Zack or
Russ Pratt of COP AS be considered, as well.
In conclusion, Mayor Gram gave a brief background ofMERA. He said the County's "911"
emergency telephone system was breaking down and needed to be replaced. He said it was
important to the Town and the County to move forward on this matter. However, Gram said that
MERA had not provided enough public notice and review ofthe proposed [Mt. Tiburon] site, and
he thanked the neighbors for bringing it to the Council's attention.
Howard Zack, 99 Mt. Tiburon, thanked the neighbors and COP AS for bringing the matter to this
stage of the process. He thanked the Council and the Planning Commission for their
"constructive listening." He also acknowledged MERA for its forthcoming response.
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Town Council Minutes # 119 7
August 16, 2000
Page 3
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5)
37 REED RANCH ROAD - Appeal of Design Review Board Denial of request for Site
Plan and Architectural Review to construct an addition to an existing single-family
dwelling with a Variance for reduced front yard setback -AP No. 34-301-03 - (Ann
Solomon, ApplicantJ Appellant)
Senior Planner Watrous gave the Staff Report. He said that the Design Review Board had
expressed concern about the mass and bulk of the addition and had continued the item with
direction to the applicant to address these issues. Watrous said the Board then determined at its
July 6, 2000 meeting that the applicant's proposed changes still did not significantly address their
concerns about bulk and mass and denied the application. The applicant, Mrs. Solomon, then
filed a timely appeal.
Watrous said that since the appeal had been filed, Mrs. Solomon had met with Staff and
Councilmember Matthews to discuss the issues and now had submitted revised plans for the
project. Watrous noted that [former] DRB chair Wayne Snow had also seen the revised plans and
agreed with the proposed changes.
Therefore, according to Watrous, Staff now recommended that Council grant the appeal upon
approval of the revised plans.
David Holscher, Appellant's Architect, showed Council the difference between the previous and
current revisions. He showed how the house had been "pulled back" so that it would not "loom
I'"' over" Reed Ranch Road, and secondly, that the bulk and mass had been reduced by taking off the
deck and replacing it with an overhang. In addition, Holscher said the entryway to the house had
been pulled back five or six feet, but that the height and square footage of the house remained the
same.
In response to a question from Vice Mayor Thompson, Mr. Holscher said the living room (first
story of the house) was recessed so that the wall of the (second story) bedroom would not appear
to be one mass.
Mayor Gram opened the public hearing.
Tom Riley, 43 Reed Ranch Road, asked how far back from the property line the house was. Mr.
Holscher replied that there was approximately eight feet from the property line to the curb, with a .
17' 6" setback from the property line, so the house stood approximately 26 feet from the curb.
For the record, Mrs. Solomon, ApplicantJ Appellant, said the all the houses on Reed Ranch Road
were zoned to have 25 feet setbacks when the area was developed under County jurisdiction, and
that they all had applied for and had since received variances. She noted that her neighbors had a
17' setback.
Mayor Gram closed the public hearing.
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Town Council Minutes #1197
August 16, 2000
Page 4
,....... In response to questions from Council, Senior Planner Watrous said he thought the new plans met
the spirit of the Design Review Board's desires as articulated in the two previous hearings. He
said the Board was not looking for a "substantial overhaul" of the plans. He confirmed that public
hearing notices of the appeal had been sent to all homes within 300 feet of the project.
MOTION:
To uphold the Appeal subject to the revised design presented by the Applicant and
represented by Staff.
Matthews, seconded by Bach
AYES: Unanimous
Moved:
Vote:
Mr. Watrous said Staff would return with a resolution of findings at the next meeting.
6) 223 DMSO STREET - Appeal of Design Review Board Decision Denying Application
for Legalization ofan as-built Fence on and near Property - AP No. 059-131-07-
(Malcolm Misuraca and Victoria Brieant, Applicants! Appellants) - Request for
Contirmance to September 20, 2000
Council noted Staff's recommendation for a continuance.
H. UNFINISHED BUSINESS
7) A VENIDA MIRAFLORES MEDIAN STRIP LANDSCAPING - (Request by Del Mar
Valley Property Owners' Association for Portion of Town Water Allocation)
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Item adopted on Consent Calendar.
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8) DOG WASTE RECEPTACLE SYSTEM FOR TOWN PARKS & P ARTHS - (Consider
Parks & Open Space Commission Recommendation & Adopt Program for FY 2001)
Mayor Gram asked for a discussion of the Mill Valley Refuse Franchise Agreement first.
However, Council concurred with the Parks & Open Space Commission's recommendation to
begin utilization of a newspaper-style plastic bag dispenser system at five stations in Town for a
trial period of one year. The Council also authorized a fund transfer not to exceed $2,5000 from
the Park Development Reserve Fund to cover the cost of the dispenser installation and bags.
9) MILL VALLEY REFUSE SERVICE FRANCmSE AGREEMENT - (Consideration of
additional service for Town Parks Garbage Pick-up)
Superintendent of Public Works Iacopi said the proposal had been raised during the budget
hearings. He noted that although his men had complained ofthe problems associated with
handling dog waste, he now felt that if the new bag dispenser system were successful, it would
alleviate those problems.
Mayor Gram asked if there was a better use ofthe Department's time. Mr. Iacopi replied that the
men assigned to the Town parks garbage pick-up also had to clean the areas around the cans,
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Town Council Minutes #1197
August 16, 2000
Page 5
,r"'. make repairs and do landscaping, so that they would still have to go to all those locations as part
of their weekly routine anyway.
Iacopi recommended waiting to amend the Franchise Agreement until after the trial period for the
new dog waste receptacle system. Mayor Gram indicated that he did not concur with this
recommendation.
Councilmember Hennessy said she had hoped to find a way to pass the cost of the new dispenser
system onto the users of the Town parks and multi-use path.
MOTION:
Moved:
Vote:
To adopt the Superintendent of Public Work's recommendation to continue the
Town parks garbage pick-up during the trial period of the new Dog Waste
Receptacle Dispenser System.
Thompson, Seconded by Matthews
AYES: Bach, Hennessy, Matthews, Thompson
NOES: Gram
I. NEW BUSINESS
10) TOWN MANAGER POSITION - (Discussion & Possible Appointment; Approval of
Employment Agreement)
See above.
- 11) FY 2001 FUND TRANSFERS - (General Fund Reserve Reallocations & Transfers)-
Continued to September 6, 2000.
Council noted Staff's recommendation for a continuance.
12) TOWN OF TffiURON STREET IMPROVEMENT PROGRAM - (Award of Contract)
A) SPRING 2000 STREET OVERLAY PROJECT
B) GREENWOOD BEACH DRAINAGE PROJECT
Town Manager Kleinert informed Council that the low bidder on Item B, D&D Pipelines of
Greenbrae, had requested a withdrawal of their bid due to clerical error. He said the Town
Attorney, Jolm Sharp, recommended releasing D&D, but that the Town Engineer recommended
postponing the award of both bids pending further study.
Council expressed an interest in moving forward on the streets project and asked if alternate
streets (to replace Greenwood Beach Road) had been designated. Staff indicated that this was the
case.
MOTION:
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Moved:
Vote:
To award the contract for the Spring 2000 Streets Rehabilitation Contract to the
low bidder, North Bay Construction, and to remove Greenwood Beach Road from
the contract.
Bach, Seconded by Thompson
AYES: Unanimous
Town Counci/Minutes #1197
August 16, 2000
Page 6
./"" Councilmember Bach noted that if the other contract was awarded within a reasonable period of
time, Greenwood Beach Road could be added back into the street overlay timeline.
J. STAFF & TOWN MANAGER REPORTS
13) BELVEDERE DRAINAGE DIVERSION PROJECT - (Oral Status Report)
Town Manager Kleinert said a Landscape subcommittee had been appointed by the Belvedere
City Council and had conducted one meeting. He said the landscape plans would be available for
Town Council review at a future meeting.
Kleinert also noted that the City of Belvedere had experienced a delay in the project over the issue
of an area of wetlands designated by CAL/TRANS and the Army Corps of Engineers. He said
that Belvedere would not be able to make the cut across Tiburon Boulevard until that issue was
resolved.
K. COMMUNICATIONS
14) SPECIAL EVENT PERMITS -
A) Paradise Drive from Tiburon Boulevard Turn-Around to Mar West Street-
(Tiburon Volunteer Fire Department Request for Street Closure and Use of
Waterfront Park for Chili Festival on September 9,2000)
B) Main Street Parking Lot - (SF Film Society Request for Outdoor Screening on
September 21,2000)
Items noted.
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15) MARIN COUNTY OFFICE OF EMERGENCY SERVICES - July 2000 Newsletter-
(SEMS Orientation to Emergency Management)
Mayor Gram suggested that the topic be presented at one of the Marin Council of Mayors and
Councilmembers (MCCMC) meetings.
CONSENT CALENDAR ITEM NO.2 - 2-98 Ned's Way - (Chandler's Gate Senior Housing
Project) - Grant of Five-Foot Drainage Easement; AP No. 58-151-27 - (Resolution)
Mayor Gram asked if escrow had closed on the project.
Planning Director Anderson said no, but that the Final Subdivision Map for the Chandler's Gate
Project would be recorded the following day.
Mayor Gram expressed concern that the developer was getting a "free ride" from the Town with
no incentive to close the deal. He recommended against acting on the drainage easement issue
until after the close of escrow.
Mark Chamberlin, Project Manager, said it had never been their intention to delay the project and
that they had been working diligently with Staff to complete the paperwork.
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Town Council Minutes # 119 7
August 16, 2000
Page 7
~ Council concurred with the Mayor's recommendation and continued the matter.
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L. ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor Gram
adjourned the meeting at 8:52 p.m., to a continuatio the closed session.
A7?t%~ I~
DIANE CRANE IACOPI, TOWN CLERK
Town Council Minutes #1197
TOM GRAM, MAYOR
August 16, 2000
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