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HomeMy WebLinkAboutTC Min 1997-12-03 . '"' TOWN COUNCIL MINUTES CALL TO ORDER Mayor Matthews called the regular meeting of the Tiburon Town Council to order at 7:46 p.m. on Wednesday, December 3, 1997 at Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBER: Bach, Gram, Hennessy, Matthews Thompson PRESENT: EX OFFICIO: Town Manager Kleinert, Planning Director Anderson, Town Engineer Barmand, Interim Town Attorney Sharp, Acting Recorder Sherwood B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any) There was no action taken at this time. C. PUBLIC OUESTIONS AND COMMENTS ,- Joe Keller, 699 Hilary Drive, read a letter he had sent to the City regarding PG&E and undergrounding utility poles in Southern Tiburon and Belvedere. Old poles had been replaced with new, taller poles with cross bars at the top. Other utilities are now adding their boxes to these poles and they negatively affect the aesthetics of the area. Town Manager Kleinert explained that he had spoken to Mr. Keller about this and requested that .. he submit his thoughts to the Council in writing, The Town receives approximately $50,000 from PG&E annually which they accumulate to do a project. The funds have been used up and down Tiburon Boulevard. The last project caused them to borrow against future funds, The residential area Mr, Keller is addressing was affected by PG&E, who wanted to provide secondary service for the downtown area, The project at Blackie's Pasture cost more than was anticipated and the Town has not received an accounting for those monies from PG&E. He thought this item should be on the agenda of a future meeting for the Council to discuss funding of undergrounding this neighborhood, D. COUNCIL. COMMISSION & COMMITTEE REPORTS E. APPOINTMENTS TO BARDS, COMMISSIONS & COMMITlEES Town Manager Kleinert asked that Item No. E be moved to the end of the agenda and Item No, 11 by reviewed in conjunction with Item no. 8. Council agreed. F.,......, CONSENT CALENDAR Town Council Minutes # 1129 December J. 1997 1 /' r" 2) TOWN COUNCIL MINUTES - #1126, November 5, 1997 (Approve) 3) FUND TRANSFERS - FY1997/98 Budget Authorization - (Approve) Councilmember Gram removed Item No.3, Fund Transfers from the Consent Calendar. MOTION: Moved: Vote: To adopt the consent calendar, consisting of November 5, 197 Minutes. Hennessy, seconded by Bach AYES: Bach, Gram, Hennessy, Matthews NOES: None ABSENT: Thompson G. UNFINISHED BUSINESS 4) RUSD AMENDED AGREEMENT AND PROPERTY TRANSFER, 1101-1185 Tiburon Boulevard - (Agreement & Resolution) Planning Director Anderson said the Town was in formal negotiations with the Reed School District to amend agreements concerning use of property at Ned's Way. A Resolution was adopted by the School Board approving the amended land lease, The matter is now before the Town Council for similar approval, Staff recommended adoption of the Resolutions approving the exchange of real property, amending the land lease and use agreement, and authorizing the Mayor to execute the final documents. ' ---- Mayor Matthews asked for public comment and there was none, MOTION: Moved: Vote: ''4 MOTION: Moved: Vote: To approve the Agreement to exchange real property. Bach, seconded by Gram AYES: Bach, Gram, Hennessy, Matthews NOES: None ABSENT: Thompson To approve execution (by Resolution) of that same agreement. Gram, seconded by Hennessy AYES: Bach, Gram, Hennessy, Matthews NOES: None ABSENT: Thompson 5) MAIN STREET ADA TRAFFIC IMPROVEMENTS - (Status Report by Town Engineer) Town Engineer Barmand said they had met with the Corinthian Island residents' committee and City of Belvedere residents, A suggestion as been made for a new task force including two Councilmembers from Belvedere and Tiburon, each Town Engineer, representatives of Corinthian Island residents and also of the merchants, Also, owners of the downtown properties may be included. The alternatives are to finalize one of the two alternatives of either one-way or two- way traffic on Main Street. ~ Town Council Minutes # 1129 December J. 1997 2 'r,' ,...... Mayor Matthews asked that Councilmember Bach chair this task force. Councilmember Hennessy asked Town Counsel if appointing this task force would have an effect on the lawsuit. Acting Attorney Sharp said the Councilmembers were not a party to that lawsuit and were not bound by the events of that lawsuit. To the extent that they were looking at ADA issues with regard to Main Street, the Council was doing that as a good faith effort and as a policy matter. Councilmember Gram asked if it would adversely impact any of the defendants if the Council continued to look at this issue. Acting Attorney Sharp said he did not wish to render an opinion as to the posture of any of the other defendants in that litigation. In response to Councilmember Grams' question, he said he didn't think the Council should be impeded in their efforts by the threat that any jeopardy they might be placing property owners in would cause the Town to be drawn into that litigation. He believed the Town was engaged in good faith issues within the Town's rights to be addressed, Shard said there was another status conference on January 7. Councilmember Hennessy wanted the record to reflect that the Town Council had adopted 'the concept of one-way, and they were studying all alternatives as part of the CEQA process. There has been no change in vote on the Council. If the new Council wanted to change that, they would have to agendize it. ~ Attorney Sharp said the Town had not approved any design. They have endorsed a concept but they can consider and adopt other concepts. Councilmember Gram asked if the Town had a design yet. Planning Director Anderson said there was not. ~4 - Tom Frankovich, attorney for the plaintiffs in the lawsuit, said they had been working with the property owners to make Main Street accessible to people with disabilities. They will advise their clients at the meeting on January 7 that a task force is being formed and will indicate to the court they need additional time for the task force to come back and report their progress. What could speed that up is if the judge decides the case is old and needs to be heard. The main property owner is Ed Zelinsky, who could look for a special tax assessment district as a means of raising the funds. Mr, Frankovich, speaking as a resident ofTiburon, was concerned that Belvedere should put in money. He did not believe the Town of Tiburon nor the property owners should shoulder all of the burden if part of the solution is for the benefit of Belvedere. Town Manager Kleinert said a draft mission statement from Belvedere submitted was included in the Council's packet. Included on the task force were Mayor Otter, Vice Mayor Faggioli, the ,,-. City Engineer, and George Gnoss from Corinthian Island. December 18 at 8 a.m. was suggested Town Council Minutes # 1129 December 3, 1997 3 r-. as the date for the first task force meeting. 6) CYPRESS HOLLOW ANNEXATION INTEREST: Consideration of Resolution Requesting the Local Agency Formation Commission to Undertake Proceedings for Annexation of the Cypress Hollow area to the Town of Tiburon - (Resolution) Planning Director Anderson said the Town's previous attempt to annex the Cypress Hollow area failed. Earlier this year, property owners approached the Town expressing interest in being annexed to the Town. He said before the Council was whether the new Town Council wanted to move forward along lines conceptually approved by the previous Council to pursue annexation and explore with LAFCO possible annexation interest by adjacent residents. In practice, the Town has rarely turned down opportunities to annex properties since 1986 when the current General Plan was developed. Should they choose to follow the previous Council's recommendation, LAFCO said the residents should file an application with LAFCO, and the Council should adopt a resolution requesting LAFCO to undertake annexation proceedings and initiate rezoning procedures for the area. Should the Town Council decide to move forward with this, the Town Manager offered to do some cost sharing with the residents of Cypress Hollow regarding legal and mapping fees. Councilmember Gram asked what the liabilities were. Town Manager Kleinert said the impact would be minor for the police, and that Public Works said the streets were new. Kleinert said he did not think there would be a cost impact to the Town. ~ Councilmember Gram wanted to know that the estimated cost would not exceed what the would receive in additional revenues, Town Manager Kleinert said he would attempt to determine the costs. ~4: Mayor Matthews asked if the children from this area would be part of the Reed School District. Town Manager Kleinert said they have to petition the school district to be accepted. He noted that when a house is sold in this area, the Town would receive a transfer tax. Councilmember Gram asked if notice had been sent to the homes of the Cypress Hollow area for this meeting, Planning Director Anderson said notices went to those spearheading this effort. Town Manager Kleinert said he thought they should agendize all annexation hearings because they may see a shift in the public's direction. Item was continued so complete noticing could be sent out. H. NEW BUSINESS 7) 1501-1505 TffiURON BOULEVARD: New Library and Town Hall Flood Plain Area Improvements (presentation by Carducci Associates, Landscape Architects) /'"' Councilmember Hennessy recused herself Town Council Minutes # 1 J 29 December 3, 1997 4 "...., Planning Director Anderson said the previous Council had approved Landscape Architects Carducci Associates to work on the flood plain area improvements behind the library. These improvements were also intended to present a tribute to the Zelinsky family for its contributions of the land upon which the library and Town Hall are constructed. The presentation by Carducci Associates was informal and for the Council's information. Anderson said the project would need to go through a formal review process as well as a CEQA review. Preliminary cost estimates are broken into two phases both at approximately $120,000 each based on the assumption that everything would be built by private contracting firms. Considerable savings could be achieved by using volunteer work. There is approximately $45,000-50,000 in the flood plain fund. Vince Lantanzio of Carducci Associates and architect David Ross described the plan presented and explained their intentions. Mr. Lantanzio said the design utilized what is already there. To accommodate handicap accessibility they would build a small bridge that would blend in with the rest of the area. There would not be lights that would affect the surrounding hillside, In response to questions about accommodating active recreation in the area, he said the direction they had received from several different groups was that the flood plain area is to be more passive. Maureen Miekle, Harbor Oak Drive, was concerned that there be no lighting in that area. Lighting and noise from that area have an amphitheater effect on the homes up the hill, She said the majority of the homeowners want the area kept the way it is, Stewart Hopkins asked the architects how much they were being paid for this. They said they had received approximately $6,000 to date. He suggested they get a committee to work on this project. ,.... Bruce Ross, 1807 Centro West, said this project could be broken into more than two phases. He felt it should be looked at as a plan to be accomplished. It is essential to adopt a plan that the community agrees on which then the committee could focus on. This is the backdrop for the small civic center they've developed. He wasn't sure there should be any lighting, " Terry Hennessy, 7 Marsh Road, asked if there was a need for a bike path at all because it ends on Marsh Road, which is a private street. This area can be accessed off Mar West Street so she questioned the need for a handicap accessible bridge. She would like to see fencing and or landscaping along the Point Tiburon property line to give privacy to people that live along there. Carol Forrell and Richard Rozen of the Library Board said they would like to see a written description of the plans for this piece of property, She was concerned about the impact on noise, parking, circulation, and safety for the library. She wanted to see story poles. Mr. Rozen said if this park were to become an attraction, parking and traffic would be in conflict with the library. /"' Brian Sullivan, Parks and Open Space Commissioner, said the original estimates excluded all electrical from the original proposal. Steve Stein, Parks and Open Space Commissioner, said all Town Council Minutes # 1129 December 3.1997 5 /'"' discussions about this area had stressed passivity of use. They did not want this area to become an attraction in itself Councilmember Bach asked if the committee that was part of the Town Hall development could be reestablished and include someone from the library. Mr. Ross said he thought it would be timely for the Committee to meet with the consultant to find how much fee was left and possibly not go to final plans at this time. Town Manager Kleinert said Staff would work with the architects and come back to the Council to formalize the committee. After they get it into a conceptual process, they w would present it for public review. L PUBLIC HEARING 9) REQUEST FOR EXTENSION OF TIME FOR APPROVED PRECISE DEVELOPMENT PLAN - 375 Taylor Road (pD#7; file #39704); Miranda Leonard, Owner; John Walker, Applicant; AP# 38-182-42- (Resolution) Planning Director Anderson said this was a request for a time extension for a project previously approved by the Planning Commission. . There were no public comments. -. MOTION: To approve Resolution granting extension of time for approval of the precise development plan. Bach, seconded by Gram AYES: Bach, Gram, Hennessy, Matthews NOES: None ABSENT: Thompson Moved: Vote: "4: The Council combined Items 8 and 11. 8) SALE OF TOWN-OWNED PROPERTY AT 1155 TffiURON BOULEVARD - 1.51 Acres to Tiburon Redevelopment Agency for Purposes of Private Development of a Senior Housing Project containing Affordable Housing Units; AP# 58-151-23 (portion) - (Resolution) 11) OVERVIEW OF NEW POLICE STATION & SENIOR HOUSING PROJECTS- (planning Director) Planning Director Anderson explained a timeline submitted to the Council for this project. Seen as critical to Staff at this time are getting an engineer on board for the Police Station project and getting CalTrans' approval; also the need to get the Police Department relocation settled. He said there was a great sense of urgency from the prospective senior housing developer to negotiate the -. Disposition and Development Agreement with the Redevelopment Agency, That also needed Town CouncilMinu.tes # 1129 December 3. 1997 6 immediate attention. ,-. Councilmember Gram said he thought Planning Director Anderson's memo was great. It pulled several processes together and was very helpful. He asked what the process was to identify sites for the Police Station, Town Manager Kleinert said he had asked the Police Department to find locations they thought would work. Councilmember Gram thought the Police had no incentive to come up with alternative sites, He was concerned about the process to get the thing started. Town Manager Kleinert said they were forming a working committee including the Building Advisory chairman, the Senior Housing committee, the Town Engineer, the Police Chief, the Planning Director and himself, and they would be meeting in the next week. Councilmember Hennessy asked who was going to absorb the cost of temporary housing for the police. Town Manager Kleinert said they were going to see if this could be worked out with the developer. Tom Webber, redevelopment attorney, said, no one was working with the developer and the developer wanted an agreement from the Town. Town Manager Kleinert said he had been talking to the developer, ,.-.. Tom Webber said the Town could not enter into an agreement prior to environmental review, What they can do is tell the developer that they will only negotiate with them. Once the environmental review is done, a Disposition and Development Agreement could be done at the same time. A key component of the timing of this is the police station. ~i Councllmember Gram attempted to move this process along. He wanted to know what the Police were doing to find a place and who was on the committee. Town Manager Kleinert said the committee included the John Kern, Larry Smith, Jim Wilson, Sia Barmand, Scott Anderson, Chief of Police Herley, Lieutenant Aiello, and himself. Larry Smith said they had looked at the Sausalito Police's temporary quarters and used that to determine what they would need for their temporary facilities, TPC has said Judge field can be used and it will cost $50,000 for a year. Existing real estate would be lots cheaper but the problem with finding existing real estate if they don't know when they will need it. They will look for what is possible and, once they have a date certain, they can start negotiating. Councilmember Gram said they didn't have to move the police until the developer was ready to grade the land, He said there needs to be an interface with the developer and the police. Planning Director Anderson said Mr. Berman, the developer, seemed to be asking for some ,.-.. commitment from the Redevelopment Agency as to who will own the site. They've asked the Town CouncilMinute3 # 1129 December J. 1997 7 ;:;:CT- -. Redevelopment Agency counsel to talk with him to see if there is something they can enter into with him to get the process going. Councilmember Gram said he would be willing to sit on a committee to get this moving. Councilmember Hennessy asked that they agendize asking Mr. Wilson to act as project manager for this project for the January meeting. J. None. COMMUNICATIONS K. 10) STAFF & TOWN MANAGER REPORTS MILL VALLEY REFUSE SERVICE MINI CAN PROGRAM - (Town Manager) Town Manager Kleinert said this was a matter of information and had been approved by the prior Council. 3) FUND TRANSFERS - FY1997/98 Budget Authorization (Approve) Town Manager Kleinert said they were talking about moving $125,000 from the flood plain interest into the General Fund to offset the cost of the Town Hall building. However, that leaves ,.-... $45,000 in the fund for Flood Plain improvements. Councilmember Gram asked about the legal fees. He thought the Council should address the status of those funds. Do they come from the General Fund or are they debited to the Marsh Funds. $70,000 was spent. "4. Town Manager Kleinert said the previous Council's decision was that $125,000, representing interest earnings, was to be earmarked for Town Hall construction fund. Councilmember Hennessy suggested moving $100,000 into the new Town Hall fund and use the $70,000 for the litigation. A zero balance would be in the Flood Plain fund. This would let the public know they have zero funds for improvement. Town Manager Kleinert said he thought the Town had some obligation to the Zelinskys' to see that something is done. MOTION: Moved: Vote: To approve Fund Transfers - FY 1997/98 Budget Authorization as presented. Hennessy, seconded by Bach AYES: Bach, Gram, Hennessy, Matthews NOES: None ABSENT: Thompson ,-.. E. 1) COUNCIL, COMMISSION & COMMITTEE REPORTS APPOINTMENT OF TOWN COUNCILMEMBERS TO TOWN & REGIONAL Town Council Minutes # 1 J 29 December 3. 1997 8 r". COMMITTEES Councilmember Bach requested a schedule of the calendar for the year noting when the various committees met. Appointments were accepted as submitted with the following changes: MCCMC Economic Legislative Committee Harry Matthews (replacing Terry Hennessy) MOTION: Moved: Vote: To approve Committee appointments as submitted. Hennessy, seconded by Bach AYES: Bach, Gram, Hennessy, Matthews NOES: None ABSENT: Thompson Additional appointments included: Councilmembers Bach and Gram will continue to serve on the Building Advisory and Senior Housing Advisory Committees, respectively. Councilmember Bach will be the Council liaison to the Disaster Advisory Council; Councilmember Gram will fill the role on the Joint Recreation Committee, ""' Main Street Traffic Subcommittee members will be Councilmembers Bach and Gram. ~.- MOTION: Moved: Vote: . To approve the Town committee appointments as presented. Hennessy, seconded by Gram AYES: Bach, Gram, Hennessy, Matthews NOES: None ABSENT: Thompson L. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Matthews adjourned the meeting to December 8, 1997, Planning Commission interviews, ATT~ r---- DIANE L. CRANE, TOWN CLERK TownCouncilMinlltes# 1129 December 3. 1997 9