HomeMy WebLinkAboutTC Min 1998-05-20
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TOWN COUNCIL
MINUTES
A. RECEPTION
A reception honoring the Angel Island Association was held from 6:00 to 7:30 p.m. in the Town Hall
Community Room.
CALL TO ORDER
Mayor Matthews called the regular meeting of the Town Council of the Town of Tiburon to order
at 7:34 p.m. on Wednesday, May 20, 1998, at Town Hall Council Chambers, 1505 Tiburon
Boulevard, Tiburon, California.
B. ROLL CALL
PRESENT: COUNCILMEMBERS:
Bach, Gram, Hennessy, Matthews, Thompson
PRESENT: EX OFFICIO:
Town Manager Kleinert, Town Attorney Danforth,
planning Director Anderson, Finance Director
Stranzl, Chief of Police Herley, Town Engineer
Barmand, Town Clerk Crane
C. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any)
Mayor Matthews said there was no closed session.
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D. PUBLIC OUESTIONS AND COMMENTS
There were no public questions and comments.
E. PRESENTATION OF HERITAGE & ARTS PRESERVATION AWARD
Heritage & Arts Commission Chair Susan Travis presented the Third Annual Heritage &
Preservation Award to the Angel Island Association for their "exceptional commitment in historic
stewardship," including the preservation and restoration of historic buildings on Angel Island, and
for staging "living history" events and tours. She also introduced Mr. Daniel Abeta, an Historic
Districts Specialist from the States Park Service.
Donna Fairchild, Vice President, accepted the award on behalf of the Association. Ms. Fairchild
gave special thanks for Bob and Mary Noyes for their contributions which made possible the
restoration of Camp Reynolds. She also noted that the Immigration Station had received National
Historic Landmark status last week.
F. COUNCIL. COMMISSION & COMMITTEE REPORTS
None.
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G.
1)
2)
CONSENT CALENDAR
TOWN COUNCIL MINUTES - #1137, April 15, 1998 - (Approve)
MONTHLY POLICE STATISTICS - (April, 1998) - (Accept)
Town Council Minutes #1139
May 20, 1998
Page 1
I'"' 3) TRAFFIC SAFETY COMMITTEE MINUTES - (May 5,1998) - (Accept)
4) AMICUS BRIEF REQUESTS - a) KobzoJfv. Harbor/UCLA Medical Center; b) San
Bernadino Public Employees Association v. City of Fontana - (Approve)
5) NEW POLICE STATION FACILITY - (Updated Resolution for Application to State of
California for Seismic Safety Retrofit Monies) - (Adopt Resolution)
6) 1972 OPEN SPACE GENERAL OBLIGATION BONDS OVERRIDE TAX RATE FOR
FY98-99 - (Adopt Resolution)
7) PT. TffiURON COMMUNITY FACILITIES DISTRICT - 1985-1 - Special Tax Levy for
Fiscal & Tax Year 1998-99 - (Adopt Resolution)
8) GANN LIMIT (ARTICLE Xnffi.) - Appropriate Limit for FY98-99 - (Adopt Resolution)
9) APPROVE DESIGNATION OF NEW PRIVATE STREET - "High Meadow Lane" -
Located between 92 & 96 Sugarloaf - (Adopt Resolution)
10) NEW RESTROOMS AT BLACKIE'S PASTURE - (Installation Schedule)
Councilmember Hennessy moved to add Item No. 18--Vehicle License Fees (Adopt Resolution
Opposing State Elimination ofProgram)--to the Consent Calendar.
MOTION:
Moved:
Vote:
To Adopt Consent Calendar, including Item No. 18 above.
Hennessy, Seconded by Thompson
AYES: Unanimous
Councilmembers Hennessy and Thompson commended Public Works Superintendent Iacopi for
-- his work on the Blackie's Pasture restrooms.
H. PUBLIC HEARING
11) POLICE BUILDING CONSTRUCTION PROJECT - Review Final Working
Drawings/Specifications and Final Cost Estimate Prior to Bidding for Construction at
1155 Tiburon Boulevard.
Chair Wilson and Town Manager Kleinert informed Council that the [Adamson] cost estintate had
come in at $1,591,000, including contingencies. However, Wilson said that based upon a cost
comparison of the Town Hall project, and by reducing several items, the cost estimate could come
down to $1,411,000. Town Manager Kleinert pointed out that actual construction contingency
for Town Hall was 6.8%, and the cost estimate for the Police Building provides for 10% at this
time.
Town Manager Kleinert said the funding for the Police Station project would come from the sale
of the old Town Hall site to the developer of the Ned's Way Senior Housing project for $1.4
million, via the Town's Redevelopment Agency. In the interim, according to Kleinert, the Town
will borrow money from the Town's Low-Moderate Housing Fund, the Town Redevelopment
Housing Fund, and the Town's unallocated reserves. He also pointed out that the State had
approved $166,000 in grant money for the project for seismic upgrading of the facility/emergency
operations center.
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Town Council Minutes #1139
May 20, 1998
Page 2
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Vice Mayor Bach thanked everyone for their efforts to conclude the matter.
13) MARIN ANIMAL CONTROL ORDINANCE - Repeal Ordinance No. 426 N.S.lAdopt
New Ordinance Representing Correction to Previous Ordinance Pertaining to an Increase
in License Fees, Confinement & Quarantine, and Potentially Dangerous and Vicious Dogs
- (First Reading by Title Only)
Town Attorney Danforth said the previously adopted Ordinance must be repealed and a new one
adopted due to incorrect references.
There was no public comment during the public hearing.
MOTION:
Moved:
Vote:
To read Ordinance by Title Only.
Hennessy, Seconded by Gram
AYES: Unanimous
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Mayor Matthews read, "An Ordinance of the Town Council of the Town of Tiburon Repealing
Ordinance No. 426 N.S. and Adopting by Reference the Amended Animal Control Regulations of
Title 8 of the Marin County Code Pertaining to an Increase in License Fees, Confinement &
Quarantine, and Potentially Dangerous and Vicious Dogs."
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MOTION:
Moved:
Vote:
To pass first reading of above Amended Animal Control Ordinance.
Hennessy, Seconded by Bach
AYES: Bach, Gram, Hennessy, Matthews, Thompson
NOES: None
14) PRECISE PLAN AMENDMENT - TlliURON HIGHLANDS - Proposed expansion of
Building Envelope for Property Located at 10 Warren's Way (Lot 14); AP#34-360-10;
Walter Grevesmuhl and Jule B. Young, Owners; G. Thomas Telfer, Applicant-
(Resolution).
Senior Planner Watrous said the amendment concerned an amended building envelope off of
Warren's Way. He said the first request, to move the building enveloped, was denied by the
Planning Commission. However, he said the Commission recommended the current revision
which left and good buffer zone and preserve some oak trees on the property.
Mayor Matthews opened the public hearing.
Julie Young, owner of Lot 14, said the revision cost them a 15% reduction in size ofthe their
dream home, but that they were willing to go along with the request by the Planning Commission.
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Joseph Chiesa, representing the architect, said the agreement was achieved at the Plamting
Commission meeting and was an agreement between neighbors and the applicants.
Town Council Minutes #1139
May 20,1998
Page 4
A
Moved:
Vote:
To Accept the Town Engineer's Report and to Proceed with Engineering
Drawings for either Alternate 1 or 2.
Thompson, Seconded by Matthews
AYES: Unanimous
MOTION:
17) CRITERIA FOR APPROVAL OF UTILITY UNDERGROUNDING WAIVERS ON
REMODEL PROJECT - (Approve Staff Recommendations)
Planning Director Anderson said Staff had drafted a new policy at Council's request which would
allow hardship exceptions to the requirement for undergrounding set forth in Section 12a-l(b) of
the Tiburon Municipal Code. According to Anderson, the new policy would grant an exception if
anyone of the following conditions exist:
1) The cost of under grounding would exceed 10% of the cost of the remodel project;
2) The location specified by the supplying agency is located on the opposite side of a street,
and trenching across a street would be ,.required to perform the undergrounding;
3) The location specified by the supplying agency is more than 150 linear feet from the
affected property at its closest point.
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MOTION:
Moved:
Vote:
To adopt the new Town Policy on Undergrounding Waivers for Remodel Projects.
Gram, Seconded by Bach
AYES: Unanimous
Councilmember Thompson said he still wanted a more pro-active approach but would go along
with the will of the Council.
J. NEW BUSINESS
18) VEHICLE LICENSE FEES - Opposition to Proposed State Elimination of Program &
Diversion of Funds from Cities - (Adopt Resolution)
Moved to Consent Calendar above.
K. COMMUNICATIONS
L. STAFF & TOWN MANAGER REPORTS
Town Manager Kleinert said the newly-formed Telecommunications Agency had asked if Vice Mayor
Bach would serve on the By-laws Committee. Bach agreed and Council concurred.
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III
III
III
Town Council Minutes #1139
May20,1998
Page 6
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MOTION:
Moved:
Vote:
To Adopt the Precise Plan Amendment - Lot 14 - Tiburon Highlands.
Thompson, Seconded by Bach
AYES: Unanimous
L UNFINISHED BUSINESS
15) RULE 20A UTILITY UNDERGROUND PROJECT AT BLACKIE'S PASTURE-
(pG&E's Response to Cost Overrun)
Town Manager Kleinert said there had been preliminary discussions with PG&E and an indication
that the Town could receive an approximate $100,000 refund.
Planning Director Anderson said there were three areas of cost overrun, according to the utility:
1) the "normal" overrun; 2) the broken storm drain; and 3) the CAUfRANS non-approval and
delay of the project.
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Item continued pending further talks with PG&E.
16) DOWNTOWN FERRY DOCK REALIGNMENT - (project Update - Oral Report by
Town Engineer)
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Town Engineer Barmand said that in order to take advantage of the $700,000 in transportation
grant money from the State, the project must be complete by December 31, 2000. He told
Council that the first proposal had been overturned by Council due to size and concerns of the
residents of Pt. Tiburon, but that the new project had minimized the concerns of those residents.
Council reviewed Alternates 1, 2 and 3. Town Engineer Barmand said he thought Alternate 2
was the best because it had the most clearance between the proposed new dock and the Angel
Island Ferry Dock. He said Alternate 3 would lie entirely on property owned by Zelinsky, and
that Alternate 1 had been controversial because it was located in the tidal lots off of the
Waterfront Park. Councilmember Thompson pointed out that Pt. Tiburon homeowners had
threatened to sue the Town if the [previous] dock was built.
However, Town Manager Kleinert said Alternate 1 seemed preferable because it could be
accessed from the current location next to Guaymas Restaurant. Town Attorney Danforth said
she thought there was a strong argument in the Town's favor [to build in the tidal lots] because
the dock would be an "accessory structure" allowable for public access into open space. Town
Engineer Barmand said the Pt. Tiburon residents wanted to see more updated plans, and that a
combination of Alternate 1 and 2 would also be feasible. However, the dock might not be parallel
as requested by Angel Island Ferry.
Councilmember Hennessy said that ADA accessibility could be addressed in building a new dock.
I"" Town Engineer Barmand said the new dock would be owned by to the Town.
Town Council Minutes #1139
May 20, 1998
Page 5
~ Mayor Matthews noted that the Town would have $1.1 million in unallocated reserves at the end
of the fiscal year, and that borrowing ($400,000) from that fund would still leave $700,000.
Finance Director Stranzl said that the Town still had all of its other funds ear-marked as
"allocated" reserves.
Councilmember Hennessy asked about other expenses associated with the project, namely, the
off-site street improvements. Chair Wilson said the funds for this work would probably come
from the Tiburon Boulevard Improvement Fund, and Town Manager Kleinert said all avenues
would be explored, including gas tax monies.
Chair Wilson also said it was possible that the construction bid date might be moved forward a
week to June 16.
MOTION:
Moved:
Vote:
To authorize the Building Committee to proceed with the Police Station
Construction Bids and Project.
Bach, Seconded by Thompson
AYES: Unanimous_,
12) CONSIDERATION OF SETTLEMENT AGREEMENT: Negative Declaration and
Settlement Agreement Granting Subdivision of One Parcel into 3 Lots at 885B, C & D
Tiburon Boulevard; AP No. 55-26-11 - (Dixon and Sharon Power, Applicants)-
Continuedfrom May 6, 1998
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Town Attorney Danforth said she had re-drafted Paragraph IF of the Settlement Agreement after
input from the Littles and the Planning Director. .
David Bowie, attorney for the Littles, said he appreciated working with the Council and Staff on
the matter, and that his clients were willing to accept the proposed changes.
MOTION:
Moved:
Vote:
MOTION:
Moved:
Vote:
To adopt the Negative Declaration for the Proposed Subdivision at 885 Tiburon
Boulevard.
Thompson, Seconded by Gram
AYES: Unanimous
To adopt the Resolution Approving the Settlement Agreement and Mutual General
Release agreed to by all parties.
Gram, .Seconded by Thompson
AYES: Bach, Gram, Matthews, Thompson
NOES: None
ABSTAIN: Hennessy
Councilmember Hennessy stated she abstained because she was not at the May 6 Town Council
meeting where the settlement agreement was discussed.
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Town Council Minutes #1139
May 20,1998
Page 3
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M. ADJOURNMENT
There being no further business before the Town Council of the Town ofTiburon, Mayor Matthews
adjourned the meeting at 9: 10 P.M., sine die.
~ S; 7Jf~.3
HARRY .MATTHEWS,MAYOR
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Town Council Minutes #1139
May 20,1998
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