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HomeMy WebLinkAboutTC Min 2001-04-18 r-- TOWN COUNCIL MINUTES CALL TO ORDER Mayor Thompson called the regular meeting of the Tiburon Town Council to order at 7:36 p.m. on Wednesday, April 18, 2001, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Bach, Gram, Matthews, Mayor Thompson Slavitz PRESENT: EX OFFICIO: Town Manager McIntyre, Town Attorney Danforth, Finance Director Stranzl, Director of Public Works Wilson, Chief of Police Odetto, Town Clerk Crane Iacopi INTERVIEWS . Belvedere- Tiburon Library Agency Board of Directors - One Vacancy Council interviewed Victoria Fong, 182 Stewart Drive. r- ORAL COMMUNICATIONS None. CONSENT CALENDAR (1) Approval of Town Council Minutes - March 21,2001 (2) Approval of Town Council Minutes - April 4, 2001 (3) Approval of Town Council Minutes - April 11, 2001 (4) Recommendation to Approve Waiver of Annexation Agreement for Property located at 3310 Paradise Drive, AP No. 58-051-12 (5) Receipt FY 2000-2001 Third Quarter Financial Report (6) Receipt of Town Monthly Investment Summary - (as of March 31,2001) Item 2 was continued due to the fact that a quorum of the Council present at that meeting was not present to approve the minutes. r Town Council Minutes # 12-2001 April 18. 2001 Page 1 ,-.. Item No.3 was continued at Counci\rnember Bach's request for more details concerning the vote on certain items at the special meeting. MOTION: MOVED: VOTE: To approve Item Nos. 1,4,5 and 6. Bach, Seconded by Gram AYES: Unanimous ABSENT: Slavitz REGULAR AGENDA (7) Recommendation for New Path from Pine Terrace to McKegney Green - Approval of Grant Application, Design Concept and Estimated Costs (a) Adoption of a Resolution of the Town Council of the Town ofTiburon Assuring Compliance with all Conditions and Requirements of the California State Coastal Conservancy Associated with the Allocation Of Bay Trail Grant Funds for Tiburon's Pine Terrace Path Improvements Project Mayor Thompson said the focus of the item was Council adoption of a resolution so that the Town could apply for grant funds for the proposed pathway improvements. He noted that the ,-. actual design of the path was not under discussion and would go through a separate hearing process. Acting Town Engineer Wilson, filling in for Deputy Town Engineer John Huginin, gave the Staff report. He said the grant application had been submitted in order to secure funding for the path as an extension of the San Francisco Bay Trail. He concurred with Mayor Thompson that the actual design had not yet been "fixed" but that a proposal had been submitted with the grant application. Mr. Wilson said that the source of the funds was Proposition 12, the most recent parks and land acquisition initiative, and that $7.5 million of the funds had been allocated to the Coastal Conservancy for development of the Bay Trail. He said the Richardson Bay Lineal Park (or "Multi-Use Path") was a side loop off the trail and that the Pine Terrace path improvements would improve safety, and would be more accessible to people with disabilities and kids riding their bicycles to school. Acting Town Engineer Wilson described the proposed improvements as grading and realignment of the existing path, and a "beveling off" of an extension in the opposition direction toward McKegney Green. In response to a question from Mayor Thompson, Wilson said the path would be about 4 feet wide in order to accommodate wheelchairs. ,-.. Town Council Minutes #12-2001 April 18, 2001 Page 2 ,-. Mayor Thompson also asked how the new path would affect the big eucalyptus trees between the path and the Green. Mr. Wilson said the proposed design would avoid the two big eucalyptus trees near the bus stop but would take out some brush and maybe thin the dead branches of other trees. Engineer Wilson said the path was estimated to cost $77,000 of which 80% (or $61,600) was grant money with local matching funds of$15,400. He said this cost was based upon the installation of retaining walls in certain areas, although he also stated that the Town was looking at a "cheaper way" as well. In response to a question from Vice Mayor Matthews concerning the project's timing, Wilson said the grant application was submitted on April 16 and that Deputy Town Engineer Huginin expected a response in May. Mr. Wilson said an outstanding issue was the existing lease over a portion ofthe property belonging to the Pine Terrace Homeowners Association. Town Attorney Danforth addressed the issue. She said the Town had entered into a lease with the HOA in 1972, and the group, except for a couple of homeowners, had accepted an updated version. She said if the Council approved the proposed design in concept, she would send the lease back to the group and ask for a response within 30 days. At that point, ifthere were still not ,-.. unanimous acceptance, she would bring the matter to Council to discuss alternate actions, Councilmember Bach asked if some of the grant money could be used to bolster an existing fence across the street from the path that was used for a short-cuts across Tiburon Boulevard. Acting Town Engineer Wilson agreed with Bach that the fence needed to be strengthened but said the focus of the plan was not on improvements to the other side of the street. Mayor Thompson opened the public hearing. Henry Broderick, interested resident, said he had sent a letter to the Mayor expressing concern about the large eucalyptus tree. He said he had acted too late when trees were removed at the Stewart Drive intersection and did not want to see it happen again. He encouraged Council to involve the public greatly in the design of the new path. Bill Tiedje, 30 Pine Terrace, said the property 170' beyond the fence where the vineyard was belonged to the Pine Terrace homeowners. He said 10 out of 12 owners would support the new path if the [large] eucalyptus remained. However, he said there were other issues of concern, such as parking on Pine Terrace (or shortage thereof) and safety hazards. Mr. Tiedje asked that the Town to prevent parking for soccer matches at McKegney Green in the neighboring areas. He said there were also concerns about drop-offs and pick-ups at Del Mar School. ,.-., Town Council Minutes # 12-2001 April 18, 2001 Page 3 ,-. Mayor Thompson asked Mr. Tiedje to be sure to address the latter issue with the School Traffic Committee. He strongly encouraged Tiedje to put his concerns in writing to the Committee. Mr. Tiedje said it would be helpful if the Town brought some pressure to bear on the issue, as well. Finally, Mr. Tiedje said it was a good idea to discourage short-cuts but that barriers would be needed so that it was not a wasted effort. Doris Dantes, 25 Pine Terrace, handed a letter from Gail Smith, 20 Pine Terrace, to Mayor Thompson, and asked that it be part of the record. The concerns, as stated in the letter, were: 1. "The length of the lease should be five years only (not ten years), with the option to renew providing the term of the lease has not been violated. 2. No cost to the home owners for any attorney fees or court costs due to personal injury for those using the path. 3. One Dollar ($1.00) per year for renting the property does not cover any insurance costs to individual home owners; also the property could be leased for a greater dollar amount to outside sources. 4. Any costs incurred to restore property such as a six foot fence, etc. should be paid by Leasee, not the Lessor." ,-. Ms. Dantes, who said she was a trauma nurse at Marin General Hospital, said she was one of the "hold-outs" on the approval of the lease. She said the Town had failed to address the issues of increased traffic congestion and flow, and increased parking that a new path would have on the neighborhood. Ms. Dantes referred to Mr. Tiedje's testimony about the use of the neighborhood for parking, and said the Town had never enforced the provisions of the soccer permit [prohibiting parking in surrounding neighborhoods]. Ms. Dantes also wanted to know the exact zoning of the property in question. She said it was designated "park" in her deed but, according to the Tiburon Planning Department, it was zoned "public use." She said she would like this issue clarified. Finally, Ms. Dantes asked why the Town had to make the [new] path ADA compliant, and seemed concerned that it would affect the liability of the homeowners. Mayor Thompson noted that even public restaurants had to be ADA compliant, but said that even ifthe Town did not have to comply, he felt it was "the right thing to do." Ms. Dantes took Mayor Thompson's statement to mean that an increased usage of the path was contemplated by the Town. She said she wanted to discuss this and the other issues with the Town Attorney and have the "negative impacts" agendized by the Council for further hearing. ,r-.. Town Council Minutes # 12-2001 April 18, 2001 Page 4 -- She said she would be willing to work with the Town if the Town was willing to work with her (and the other homeowners) on resolving these concerns. Deirdre McCrohan, The Ark newspaper, asked how the accessibility would be enhanced from the current bus stop to the entrance of the path. Acting Town Engineer Wilson said that the Town's ADA consultant, Richard Skaff, said that if the sidewalk followed the slope of the highway, it was ADA compliant already and did not have to be changed. Mayor Thompson closed the public hearing. Councilmember Bach asked Town Attorney Danforth how leasing the property (versus ownership) would affect the grant application. She said the grant documents did not require ownership, nevertheless, she would recommend a longer lease with options to renew before the Town entered into any agreement with the homeowners. Town Attorney Danforth said that in addition to adopting the resolution authorizing the grant application, Council should at least express a conceptual approval of the design concept. Mayor Thompson asked if everything possibility was being done to preserve trees in the plan. Acting Town Engineer Wilson answered affirmatively. ,-. Both the Mayor and Vice Mayor said that the land lease issue and parking (enforcement) issues would be agendized for further discussion. Mayor Thompson noted that the Town had already painted many curbs reds in the area to discourage parking. MOTION: To adopt the resolution noted above. Moved: Matthews, seconded by Gram Vote: AYES: Unanimous ABSENT: Slavitz (8) Recommendation to Establisb "No Parking Zone" - Intersection ofTiburon Boulevard and Lyford Drive (a) Adoption ofa Resolution of the Town Council of the Town ofTiburon Restricting Parking of Commercial Vehicles on the North Side of Tiburon Boulevard East of Lyford Drive and Fines for Such Violations Mayor Thompson asked Police Chief Odetto whether the proposal pertained to both sides of Tiburon Boulevard. Odetto said it was just the north side, and that it would not prevent school parking on that side of the street. In his report, ChiefOdetto said that the Town would restrict the use of the unpaved area by commercial vehicles, and that they would be required to obtain an encroachment permit from CAL/TRANS in order to park there. -- Town Council Minutes #12-2001 April 18, 2001 Page 5 ,-. Odetto also said the proposed permits would limit the hours of work, and require clean up of the area after use. MayorThompson and Councilmember Bach asked about the Town's enforcement ability on a CALfTRANS right-of-way. ChiefOdetto said that Town had received permission to install CAL/TRANS-approved signs, which would then allow the Tiburon Police Department to enforce the parking restrictions (through the issuance of fines). Town Manager McIntyre concurred. Mayor Thompson opened the public hearing. Lizette Bumbesti, 4 Lyford Drive, complained of dust, noise, diesel exhaust, and being awakened by trucks at 7:00 a.m. She said she was unable to open her windows during the summer, and that no one had said they could do anything about it. She described the problem as "absurd and obscene," and asked the Council to "find another place for the trucks." Jeff Clark, 4 Lyford Drive, said the creation of this truck staging area been inadvertently created by CALfTRANS and the Town when it was widened to make an area for commuter parking. However, Mr. Clark said the area had never been used for the latter purpose. ,-. Clark said he appreciated the involvement of Town Manager McIntyre and Chief of Police Odetto in trying to resolve the issues. MOTION: To adopt the above resolution restricting parking by commercial vehicles in the proposed area and authorizing the issuance of fines. Bach, seconded by Matthews AYES: Unanimous ABSENT: Slavitz Moved: Vote: COUNCIL. STAFF. COMMITTEE REPORTS AND RECOMMENDATIONS (9) Request by Town Clerk - Select dates for Heritage & Arts Commission and Parks & Open Space Commission Workshops with Town Council Mayor Thompson recommended holding a joint workshop with the both commissions. Council concurred. Date to be selected via e-mail canvass. WRITTEN COMMUNICATIONS Town Council Weekly Digest - April 6, 2001 Item No.2 - presentation by Congestion Management Agency. Council directed Town Manager McIntyre to schedule. - Town Council Minutes #12-2001 April 18, 2001 Page 6 '" Town Council Weekly Digest - April 13, 2001 Item No.4 - Ecumenical Association for Housing letter regarding the creation of affordable housing for public employees and teachers. Town Manager McIntyre said he and RUSD Superintendent Chris Carter had met with the group to discuss the issue. Vice Mayor Matthews asked about a two-acre parcel ofland owned by the school district in the vicinity of Reed School. It was noted that the Town owned the other (one-acre) parcel, which was purchased with Open Space funds. Vice Mayor Matthews noted that Item No.3, letter to LAFCO prepared by Planning Director Anderson, was well written. ADJOURNMENT There being no further business before the Town Council of the Town ofTiburon, Mayor Thompson adjourned the meeting at 8:36 p.m., sine die. ~~ ,-. AT~ _ DI CRANE IACOPI, ~LERK -- Town Council Minutes # 12-2001 April 18, 2001 Page 7