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HomeMy WebLinkAboutTC Min 1999-02-17 . -. TOWN COUNCIL MINUTES A. INTERVIEWS At 6:45 p.m., the Town Council interviewed Thomas Allen, 535 Comstock Drive, for a vacancy on the Parks & Open Space Commission. CALL TO ORDER Mayor Bach called the regular meeting of the Tiburon Town Council to order at 7:47 p.m. on Wednesday, February 17, 1999, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. B. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Bach, Gram, Matthews, Thompson Hennessy PRESENT: EX OFFICIO: Town Manager Kleinert, Town Attorney Danforth, Planning Director Anderson, Senior Planner Watrous, Superintendent of Public Works Iacopi, Finance Director Stranzl, Town Clerk Crane C. ANNOUNCEMENT OF CLOSED SESSION ACTION at anv) -. Mayor Bach said direction was given to the Town's negotiators in the Connally v. Main Street Businesses & the Town of Tiburon lawsuit; he also said that the public hearing on Item No. 9-- Proposed Settlement Agreement in the above matter--had been continued. D. PUBLIC OUESTIONS AND COMMENTS None. E. COUNCIL. COMMISSION & COMMITTEE REPORTS 1) BEAUTIFY TIBURON BOULEVARD COMMITTEE - (Jean Banning, Chair) Jean Banning reported that CAL/TRANS was being assisted in the project by the California Conservation Corps., and that Cagwin & Dorward were supervising the irrigation and planting. Mrs. Banning said the funds raised by the committee had exceeded the goal, and noted that they would be turned over to the Tiburon Peninsula Foundation for management of the ongoing maintenance of the project. .~ , 2) TffiURON PENINSULA RECYCLING COMMITTEE - (John Kern) Committee-member John Kern gave an overview of the Committee's work over the last three years, and said it was the consensus of the Recycling Committee to "sunset" in March of 1999, as originally proposed bby Council. He said the group would be happy to stay on as an "ad hoc" advisory committee, and recommended that committee-member Fennell be appointed in an official, paid capacity as Recycling Coordinator for the Town ofTiburon. Town Council Minutes #1158 February17, 1999 Page I . r-- Council accepted the report and directed Town Manager Kleinert to follow up on the Recycling Coordinator Request. F. CONSENT CALENDAR 3) TOWN COUNCIL MINUTES - #1157 - February 3, 1999 - (Approve) 4) TOWN MONTHLY INVESTMENT SUMMARY - December 30, 1998 - (Accept) 5) ROUND HILL OAKS PRECISE DEVELOPMENT PLAN - Amendment of Clerical Error in Resolution No. 3297 - (Adopt Resolution) MOTION: Moved: Vote: To approve Consent Calendar Matthews, Seconded by Gram AYES: Unanimous ABSENT: Hennessy G. APPOINTMENTS TO BOARDS. COMMISSIONS & COMMITTEES 6) CONSIDER APPOINTMENTS TO EXPIRING TERMS & CURRENT VACANCIES - A) PLANNING COMMISSION (1) - [Lisa Klairmont] B) PARKS & OPEN SPACE COMMISSION (2) - [Mindy Canter; Kurt Obermeyer] C) DESIGN REVIEW BOARD - (2) - [Kirk Beales; Larry Doane] D) IT. RECREATION COMMITTEE - (2) - [Jerry Riessen; Priscilla Tripp] r- Mayor Bach said that Lisa Klairmont had called him to express interest in being considered for re- appointment to the Planning Commission. Council continued the item pending completion of the interview process. H. PUBLIC HEARING 7) APPROVAL OF PRECISE DEVELOPMENT PLAN AND MITIGATED NEGATIVE DECLARATION - Two Parcels off of High Meadow Lane, APNos. 58-121-14, 58-281- 15; 58-100-72, 58-100-73 - (Adopt Resolution) Senior Planner Watrous said the Planning Commission had unanimously approved the above plan for development of two single-family residences on two parcels off of High Meadow Lane. He said the houses themselves would need to have Design Review Board approval before being built. Councilmember Matthews asked about drainage through the downhill "Cherry" property. Mr. Watrous said that the plan called for distribution over the parcel through perforated pipes, in order to mimic a natural pattern. Councilmember Thompson noted it was a steep [hillside] property, and that special care would have to be taken to build on it. Mayor Bach opened and closed the public hearing. Ed Peckham, architect for the project, said he was available for questions. There was no public comment. ........ Town Council Minutes # 1158 February17,1999 Page 2 , ........ MOTION: Moved: Vote: To Adopt the Resolution approving the Precise Development Plan and Mitigated Negative Declaration. Thompson, Seconded by Matthews AYES: Unanimous ABSENT: Hennessy 8) ORDINANCE PREVENTING CONSTRUCTION DURING HOLIDAY PERIODS ON MAIN STREET - (Introduction & III reading) Town Attorney Danforth introduced the ordinance which she said was in response to the complaints of downtown business and property owners whose businesses had been disrupted during the Holiday season as a result of the Corinthian Island undergrounding of utilities project. Council discussed what constituted the holiday season and asked that the ordinance be amended to have the prohibition begin on the Saturday before Thanksgiving. During public hearing, Ark reporter McCrohan said that one merchant commented that the holiday period actually began on July 1. Mayor Bach closed the public hearing. MOTION: ,...... Moved: Vote: To read the Ordinance Preventing Construction during Holiday Periods, as amended above, by title only. Thompson, Seconded by Gram AYES: Unanimous ABSENT: Hennessy Mayor Bach read, "An Ordinance of the Town Council of the Town of Tiburon Prohibiting Any Construction Activity That Adversely Impacts the Free Flow of Traffic in Downtown During the Holiday Season." MOTION: Moved: Vote: To pass first reading of above Ordinance. Thompson, Seconded by Gram AYES: Bach, Gram, Matthews, Thompson ABSENT: Hennessy 9) ADA MAIN STREET LITIGATION - Connally v. Main Street Businesses & Town of Tiburon - (Adoption of Settlement Agreement) Item continued. I. NEW BUSINESS 10) TOWN ENGINEER'S POSITION - (Authorization to Retain Contract Engineer, Irving Schwartz) ........ Town Council Minutes # 1158 February17,1999 Page 3 ,.-.. Town Manager Kleinert outlined the proposal to retain Mr. Schwartz on a contract basis; similar to the arrangement the Town previously enjoyed with Engineer Sia Barmand. Kleinert said the services would include basic consultation, grant fund applications, and on-call emergency engineering. Kleinert said there would be some overlap of projects, and that former Town Engineer Barmand would continue to work on current projects until they were completed. These included Elephant Rock rehabilitation, the Downtown Main Street ADA street improvements, and the street overlay and flood control project in Belveron and Bel Aire. In response to certain questions from Council, Mr. Schwartz noted the following: He had worked for the County of Marin in Tiburon at the time of its incorporation; he performed the Tiburon [Reed] watershed study which subsequently led to him being retained by the BLPOA to do a.an engineering study for its proposed diversion project. Councilmember Gram asked how much of the 15 hours per week stated in the letter agreement would actually be Mr. Schwartz' time. He responded that it would be about half, but that his engineering staff was very experienced. MOTION: To accept the proposal submitted by Irv Schwartz, and to authorize the Town Manager to retain Contract Engineer Schwartz. Thompson, Seconded by Gram AYES: Unanimous ABSENT: Hennessy ,.-. Moved: Vote: Council skipped to "Unfinished Business," Item 13, below. 11) CHAPTER 15 OF TmURON MUNICIPAL CODE [TREE ORDINANCE] - (Discuss Possible Amendments pertaining to View Preservation) Town Attorney Danforth said that most municipalities did not place a time limit on view preservation, but that Council could review the existing ordinance and a) do nothing to amend it; b) set a time limit on view preservation, e.g. 10 years; or c) use as a factor the time of view blockage in determining resolution of such issues. Councilmember Gram said he had asked for the discussion pertaining to the possible addition of a "Iookback" provision to the Town's Ordinance. However, Gram said that after discussing the concept with certain Belvedere City Councilmembers, who had recently completed the process of revising the Belvedere Tree Ordinance, he had concluded that it might create more problems that would be solved by amending the Town's ordinance. Town Attorney Danforth also noted that since the Town's ordinance was enforced between private property owners, it was difficult to know whether residents had actually tried to restore ........ long-lost views. Town Council Minutes # 1158 February17. 1999 Page 4 r During public hearing, John Smissart, 7 Felipa Court, commented that a 5-year instead of 10-year lookback period might be more appropriate. John Kern, Stewart Drive, suggested the property owner might submit a photograph of a "baseline" view for the record. Mayor Bach closed the public hearing. Council took no action on the above ordinance proposal. 12) REQUEST FOR WAIVER OF BUILDING PERMIT FEES - (Remodel Project- National Audubon Society, Richardson Bay Nature Sanctuary on Greenwood Beach Road) Planning Director Anderson asked for continuance of the item pending discussion of the permit waiver issue at the Town Council/Staff retreat. Council concurred. J. UNFINISHED BUSINESS 13) DOWNTOWN TmURON MAIN STREET ASSESSMENT DISTRICT - (Award Contract for a) Civil Engineering Design Improvements, and b) Assessment District Engineering --I.L. Schwartz Associates, Inc.) ,~ Town Manager Kleinert said that the assessment district being formed for the ADA street improvements would need an engineer to design the improvements and to act as its engineer. He said Staff recommended retaining 1 L. Schwartz Associates, Inc. of Nova to, but that someone else could be retained to do the calculations of the benefit spread, if there were concerns of possible conflict. Council directed Staff to amend the contract to include Schwartz doing the benefit assessment for an additional cost of $1,100, after determining whether any of the other district members objected to this arrangement. Town Attorney Danforth noted that previous engineer Barmand would perform a "peer review" of the design. Moved: Vote: To Award the Contract for Civil Engineering Design Improvements and Assessment District Engineering for the Downtown Main Street District to lL. Schwartz Associates, Inc., as amended above. Gram, Seconded by Matthews AYES: Unanimous ABSENT: Hennessy MOTION: r K. COMMUNICATIONS 14) LETTER FROM GGBH&TD TO TOWN MANAGER, Dated February 1, 1999 - (Bus Town Council Minutes # 1158 February17, 1999 Page 5 , r Shelter Advertisements) Council directed Staff to request additional information on type of advertising and whether local agencies could derive some revenue from it. L. STAFF & TOWN MANAGER REPORTS 15) STREET IMPROVEMENT PROJECT STATUS REPORT - (Finance Director) Finance Director Stranzl said that the Town's street improvement projects had been accelerated for a total of $1,245,000 in work to be performed within the two-year fiscal period. Of the above amount, Stranzl said that $972,000 was gas tax monies, and $274,000 was STIP funding. He said the Town would receive approximately $175,000 in gas tax funds for next fiscal year. 16) REED RANCH ROAD/TIBURON BL YD. INTERSECTION PROPOSED IMPROVEMENTS - (planning Director's Process Recommendations) Planning Director Anderson suggested that the Town Engineer and Traffic Safety Committee become involved in the proposed improvements before they were presented to Council. Councilmember Thompson said that a long record of safety concerns and complaints should ,..-.. inspire CAL/TRANS to take action to improve the above intersection. Council referred the item to the Traffic Safety Committee. 17) DATA COLLECTION SHEETS FOR MULTI-USE PATH SURVEY - (parks & Open Space Commission Recommendations) Council accepted the proposed survey. 18) MMWD FIRE FLOW PIPELINE WORK - (Blackie's Pasture & Greenwood Beach Road) Planning Director Anderson gave the Council a status report on the above project. M. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Bach adjourned the meeting at 10:20 p.m., sine die. r ATIEST~ DIANE L. CRANE, TOWN CLERK Town Council Minutes #1158 Februaryl7. 1999 Page 6