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Home My WebLink AboutTC Min 2001-10-17 r- TOWN COUNCIL MINUTES CALL TO ORDER Vice Mayor Matthews called the regular meeting of the Tiburon Town Council to order at 7:40 p.m. on Wednesday, October 17,2001, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Bach, Slavitz, Vice Mayor Matthews Gram, Mayor Thompson PRESENT: EX OFFICIO: Town Manager McIntyre, Town Attorney Danforth, Senior Planner Watrous, Finance Director Stranzl, Town Clerk Crane Iacopi CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION (Section 54956.9(b) - Name of Claimant: Lucy Forbush CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION (Section 54956.9(c) One (1) case. (Fo specifically identifY the litigation wouldjeopardize the Town's ability to conclude existing settlement negotiations to the Town's advantage) ANNOUNCEMENT OF ACnON TAKEN IN CLOSED SESSION. IF ANY Vice Mayor Matthews said that no action was taken in closed session. ORAL COMMUNICATIONS None. CONSENT CALENDAR (1) Approval of Town Council Minutes - October 3,2001 (2) Report by Planning Director - Annual General Plan Status Report (3) Recommendation by Finance Director - Accept Annual Audit Report for Fiscal Year - 2000.2001 Town Council Minutes # 26.2001 October 17, 2001 Page 1 ~ ,..... (4) Report by Finance Director- First Quarter Financial Report for Fiscal Year 2001-2002 (5) Request by Mayor. Adoption of a Proclamation Recognizing the Reed Union School District and Bel Aire School for Winning a Presidential Blue Ribbon Award (a) A Proclamation of the Town Council of the Town of Tiburon Recognizing the Reed Union School District and Bel Aire School For Winning a Presidential Blue Ribbon Award (6) Recommendation by Town Manager- Town Attorney Compensation Package (a) Amend Employment Agreement with Town Attorney Ann R. Danforth (b) A Resolution of the Town Council of the Town of Tiburon Amending Resolution No. 44-2001 Which Established a Management Recognition and Incentive Compensation Program (7) Recommendation by Town Attorney - Approve Amicus Brief Request - Lowenstein v. City of Lafayette - MOTION: Moved: Vote: To Adopt Consent Calendar Items 1 through 7, above. Bach, Seconded by Slavitz AYES: Unanimous ABSENT: Gram, Thompson REGULAR AGENDA (8) Recommendation by Town Manager - Purchase of Below Market Rate Unit at Pt. Tiburon Marsh (32 Marsh Road) Finance Director Stranzl said that Staff had determined there was an interest among Town Staff for the rental of the unit if the Town purchased it. He reiterated the request by the Board of the Homeowner's Association for the Town to consider selling any additional units to its employees in order to increase the balance of owners versus renters of the below market rate units at Pt. Tiburon Marsh. In response to a question from Councilmember Slavitz, Stranzl also said the Board had expressed its desire for the Town to be represented on the Board of Directors, and that there were other issues, such as ongoing Marsh maintenance, which the Town could be more involved with. - Town Manager McIntyre said he would have to look into whether a corporate entity could actually be elected to the Board of Directors. He also said that he and the Town Attorney were Town Council Minutes # 26.200 J October 17, 2001 Page 2 ,r--. continuing to research the question of whether the Town could sell the units to its employees, but noted that Council would have to address certain policy issues first. In short, Staff recommended the purchase of the above unit in keeping with the Town's adopted policy of providing "work force housing" on the Tiburon Peninsula. Council concurred with this recommendation based upon current employee interest in the unit and in keeping with the Town's policy guidelines. MOTION: To approve purchase ofBMR unit located at 32 Marsh Road for $114,000 from the Town's General Low & Moderate Housing In.Lieu Fund. Slavitz, Seconded by Bach A YES: Unanimous ABSENT: Gram,Thompson Moved: Vote: (9) Recommendation by Town Manager - Chamber of Commerce Request for $2,000 for Holiday Parade r--. Town Manager McIntyre said the Chamber of Commerce had approached the Town with the proposal for a holiday parade to kick-off the holiday shopping season downtown. He said the cost of the parade, dubbed "The Festival of Trees," would be shared by the Town of Tiburon, City of Belvedere, Chamber of Commerce, and private donations. He recommended that Council authorize the $2,000 requested by the Chambers. Downtown business owner and Chamber representative Steve Sears said, "the timing couldn't be better" for such a community event. He said the organizers were the same group of people who planned the Town's Millenium celebration. Councilmember Slavitz commented that the Town needed more of this type of event and suggested that it might become an annual event. MOTION: Moved: Vote: To approve allocation of $2,000 for Holiday Parade on December 1, 2001. Slavitz, seconded by Bach AYES: Unanimous ABSENT: Gram, Thompson PUBLIC HEARING (10) Recommendation by Town Attorney - Add Chapter 24 to Town Code Providing that Property Owners Shall Be Directly Liable to the Public for the Maintenance of Sidewalks - Introduction and First Reading of Ordinance (Read by Title Only) (a) An Ordinance of the Town Council of the Town ofTiburon Adding Chapter 24 of the Tiburon Municipal Code Regarding Maintenance of Sidewalks Town Council Minutes # 26-2001 October 17, 2001 Page 3 - Town Attorney Danforth presented the Staff report, which she said was based on a recommendation by the Association of Bay Area Governments (ABAG). She said that California State Law required property owners to maintain the sidewalks that abut their property, however, the courts had ruled otherwise unless a municipality had an ordinance explicitly stating this fact. Vice Mayor Matthews asked if such an ordinance would preclude the Town from being named in lawsuits. Town Attorney Danforth replied that the Town might still be named, but it gave the Town the ability to tender defense of the suit to the property owner. Vice Mayor Matthews opened the public hearing. John Kern, Stewart Drive, recommended that the Town also require property owners to cut back [sharp-edged] shrubbery that hangs over the sidewalk. Town Attorney Danforth said that property owners were already required to maintain the sidewalk in a "safe condition" which would include landscaping. Deirdre McCrohan, The Ark, asked if property owners "owned" the sidewalk. Town Attorney Danforth said the sidewalk was "public," not private, property. - Ms. McCrohan posited that some people might go looking for problems and now have someone [other than the T own] to sue. Vice Mayor Matthews closed the public hearing. In response to a question from Council, Town Attorney Danforth said that under the proposed ordinance, an injured party would have to sue the property owner. Council also asked about responsibility for tree roots lifting up the sidewalks. Town Attorney Danforth said that if the Town owned the trees, it would have to address the problem. MOTION: Moved: Vote: To read proposed ordinance by title only. Bach, Seconded by Slavitz AYES: Unanimous ABSENT: Gram, Thompson Vice Mayor Matthews read, "An Ordinance of the Town Council of the Town of Tiburon Adding Chapter 24 of the Tiburon Municipal Code Regarding Maintenance of Sidewalks." MOTION: Moved: Vote: To pass first reading of above ordinance. Slavitz, Seconded by Bach A YES: Bach, Slavitz, Vice Mayor Matthews ABSENT: Gram, Mayor Thompson - Town Council Minutes # 26-2001 October 17, 2001 Page 4 r- . WRITTEN COMMUNICATIONS Town Council Weekly Digest - October 5, 2001 Town Manager McIntyre pointed out Item No. 2--extended public counter hours at Town Hall. Town Council Weekly Digest - October 12,2001 Town Manager McIntyre called attention to an updated Town policy concerning expenses for travel and conferences. He also noted the upcoming MCCMC in Sausalito on October 24 and a special Town Council meeting on October 22. Council asked the Town Manager to commend Laurie Nilsen and the Police and Fire Departments for the excellent community barbeque on October 12 to benefit the United Way "September 11 Fund." Town Manager McIntyre noted that over $8,000 had been raised for the cause. ADJOURNMENT r- There being no further business before the Town Council of the Town of Tiburon, Mayor Thompson adjourned the meeting at 8:07 p.m., sine die, J/~ 7Yf~s HARRY MATTHEWS, VICE MAYOR AITPJ;T )It. t . ./ Itf~J2c-1V DIANE CRANE IACOPI, TOWN CLERK - Town Council Minutes # 26.2001 October 17, 200 I Page 5