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Home My WebLink AboutTC Min 1997-10-15 r-. TOWN COUNCIL MINUTES CALL TO ORDER Mayor Hennessy called the regular meeting of the Town Council of the Town ofTiburon to order at 7:35 p.m on Wednesday, October 15, 1997 in Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. A, ROLL CALL PRESENT COUNCILMENlBERS Ginalski, Hennessy, Thayer, Thompson ABSENT COUNC1LMENlBERS Wolf PRESENT EX OFFICIO: Town Manager Kleinert, Interim Town Attorney Sharp, Town Engineer Barmand, Planning Director Anderson, Finance Director Stranzl, Town Clerk Crane fI'"' B. ANNOUNCEMENT OF CLOSED SESSION ACTION (Jfany) Mayor Hennessy read the following statement "The lnnisfree Companies had tiled a complaint against the Town ofTiburon in September 1996 seeking monetary damages from the Town arising out oflnnisfree's development agreement with the Town. After mediation, the Town of Tiburon and 1nnisfree have reached a resolution of the case, whereby the Town makes a payment of$125,000 to 1nnisfree in exchange for 1nnisfree's release of all claims asserted in the complaint, as well as a release of any and all reversionary interest 1nnisfree holds in Lot 10, more commonly known as the flood plain" C. "PUBLIC OUESTIONS AND COMMENTS The following Belvedere residents stated their opposition to the Town Council's decision to accept the independent Traffic Engineer's [DKS Associates] recommendations to make Main Street one-way: --George Gnoss, 50 A!catraz --Phyllis Trieber, Buckeye (who also read a letter in opposition from Bennett Wren, owner of Bird & Hound) --Ronald Cowan, 47 A!catraz --Don Davis, 1 Bellevue --Lani Valentine, 55 Bellevue --Jacqueline Doyle, 21 Alcatraz ~ Town Attorney Sharp commented that the issue would continue to receive full public hearing Town Council AliI/lites:; 11]5 Octuher /5. /997 1'"' through the environmental review process. Planning Director Anderson said he needed an actual plan in order to start the environmental revtew. Town Manager Kleinert said the Town Engineer was putting more design detail in place in order to discuss the cost-sharing aspects of the project Councilmember Ginalski suggested another joint meeting of the Belvedere and Tiburon Councils to try to come to resolution of the outstanding issues. Town Engineer Barmand said he planned to do a full EIR on the project which would require an alternate plan. He said an alternate plan for a two-way Main Street would be presented during that process. Mayor Hennessy commented that the reason an independent engineer and consulting firm had been hired was to take the decision out of the political realm. Councilmember Thompson said he would "bend over backwards" in order for the community to feel comfortable with the decision-making process but was not certain that a joint meeting was necessary. fI'"' Vice Mayor Thayer said more information was needed to have a fruitful meeting, and suggested going ahead with the environmental review. Thayer also commented that notice of the previous meetings on Main Street improvements had been provided, and that the two-way and other options had been looked at "ad infinitum." He said DKS Associates was a highly respected traffic engineering firm and had done a thorough, professional job. Council member Thompson said both Councils worked together in a cooperative fashion, and that the subcommittee of both Councils had accepted DKS' recommendation for a one-way Main Street Council directed Staff to prepare a timetable of the EIR process and present it at the next meeting. D. COUNCIL, COMMISSION & COMMITTEE REPORTS Vice Mayor Thayer asked Town Manager Kleinert to have an item agendized for the next Marin Manager's meeting regarding county-wide street repairs and maintenance. Thayer said he would attend the next meeting of the Paradise Drive "visioning process" on Monday, October 20, and asked for Council concurrence that he sit on the panel. E. CONSENT CALENDAR /""'. 1. Town Council Minutes #1123, September 17,1997 - (Approve) Town Council A4inutes #1 J 25 October /5,1997 2 ,-. 2, Quarterly Financial Report - First Quarter FY97-98 - (September 30,1997) - (Accept) 3. Monthly Police Statistics - September 1997 (Accept) 4. Downtown Parking Counts - October 1997 (Accept) Council removed Item No.2 from Consent Calendar. MOTION: Moved: Vote: To Adopt Items 1,3 & 4 of the Consent Calendar. Thompson, Seconded by Thayer AYES: Unanimous ABSENT: Wolf F. UNFINISHED BUSINESS 5. Restroom Facilities at Blackie's Pasture - (Approve Proposed Design and Location as Recommended by Parks & Open Space Commission). Planning Director Anderson said at its September 3, 1997 meeting, Council had directed Staff to move the location of the proposed restrooms, erect story poles and send notices to the surrounding neighbors. Anderson said Staff recommended pushing the location of the restroom facility back about 45 feet closer to the foot of the trestle mound, adding landscaping to screen it, and making it a darker ,...... color per the brochure distributed to Council. Anderson asked Council to accept these recommendations and said that more detail on cost estimates would be provided. Three representatives from the Parks & Open Space Commission--Ellen Rony, Kurt Obermeyer, and Steve Stein--were present to answer questions. Mr Obermeyer said the new location was good for privacy and that a retaining wall and landsqping would be added Obermeyer said [Richardson Bay Sanitary District] Superintendent Dittle had vetoed the idea of placing the restroom facility higher up on the bike path because the cost of relocating pipes would be prohibitive (between $40 - $50,000). Councilmember Ginalski wondered if the plan included removing the temporary rest rooms Mr Obermeyer said it was possible that one might stay at the South of the Knoll location near the children's playground He said he understood the Town's cost to be approximately $350 per month to maintain all the temporary facilities. Mayor Hennessy opened the public hearing. A resident of Virginia Drive asked that the location be moved back and to the west so that he would not see the facility from his house. /'"' Kathleen Geary, 430 Greenwood Beach Road, thanked the Council for erecting the story poles but complained that the facility could be seen from every room in her house. She asked for a Town COllnei! Alinl/les ;; /125 Octoher 15. 1997 3 ,-. more careful analysis of alternate sites, including the suggestion to get an easement from the Sanitary District and placing it on their property. Kurt Lloyd, candidate for Richardson Bay Sanitary District Board, said the idea of placing the facility on District land should be explored with the Board rather than just the Superintendent Ellen Rony, POSC member, said the current location had been unanimously approved by the Commission after six months of careful study. Steve Stein, POSC member, said the Commission was sensitive to the aesthetics and had recommended additional landscaping for the benefit of all citizens. Mayor Hennessy closed the public hearing Council concurred that further study was needed before all the temporary facilities were removed Councilmember Thompson thanked the Parks & Open Space Commission and said he agreed with the proposed location and that the proposed facility was of good quality Councilmember Ginalski said more analysis was needed regarding the location and funding, as well as whether to consolidate all the facilities into one. -. Mayor Hennessy said she endorsed Council member Thompson's suggestion regarding an enclosure around the South Knoll temporary facility. MOTION To adopt Staff Recommendation and Direct the Parks & Open Space Commission to look into a more aesthetically pleasing facility at the South Knoll. Moved: Vote: ' Thompson, Seconded by Thayer AYES: Hennessy, Thayer, Thompson NOES Ginalski ABSENT Wolf 6. Appointment of Community Celebration Coordinating Committee - (Council Consideration of POSC Recommendations). Commissioner Obermeyer said the current [proposed] committee consisted of he and Margo Zender from Parks & Open Space Commission, Victoria Arnett, Heritage & Arts Commission, and that two to four more members were needed. He said they were looking at other sources, such as the Tiburon Peninsula Foundation and Jt. Recreation Committee, as well as the Chamber of Commerce, for volunteers. Mayor Hennessy said a representative from the new Council would also be a good idea ~ Town Council Alinutes # 1125 October /5. /997 4 r-. 7. Corinthian Island Steps - (Status of Town Acquiring Quit Claim Deeds). Town Manager Kleinert said the item was a reaffirmation of an earlier Council decision. He confirmed that the steps had been repaired and reimbursement received from the affected property owners, and that the Town would now like to obtain ownership of the stairs. Council directed Staff to proceed with obtaining the quitclaims. G. NEW BUSINESS 8. BelvederelTiburon Library Agency - Consider Agreement for Cost-Sharing and Maintenance. Town Manger Kleinert said the agreement had been reviewed by the Town Engineer and [project Manager] Jim Wilson. He said the Library's share of the joint capital costs was approximately $173,000 and the Town's $29,000; therefore, the Town would provide some ongoing maintenance to balance the cost of the overall improvements. Kleinert went over some minor additions to the wording concerning electricity, and also informed Council that the curb cuts onto Tiburon Boulevard were going to be widened -. MOTION: Moved: Vote: To approve the Agreement for Cost-Sharing and Maintenance Thayer, Seconded by Thompson AYES Unanimous ABSENT Wolf 9. Mar West Parking Program - (Consider Extending Resident Sticker Program to Esperanza Street). Senior Planner Watrous said notices had been sent to the affected residents, followed by a survey in which 75% of the residents said they would be in favor of extending the program to Esperapza and Centro streets. MOTION Moved: Vote: To adopt Staff recommendation to extend Mar West Resident Parking Sticker Program to Esperanza and Centro streets, and to accept Mayor Hennessy's recommendation to waive the fees for Bradley House residents Thompson, Seconded by Ginalski AYES Unanimous ABSENT WoW H. PUBLIC HEARING 10. Ordinance Re 4305,4315,4325 & 4365 Paradise Drive: Town-Initiated Prezoning of Properties to R-1 Zoning District, File No. R97-01; Owners, Slucky, Eiles, Nelson and Wilkerson; Assessor Parcel Nos 38-291-14, 16, 31 & 33 - (First Reading by Title Only) ~ Planning Director Anderson said the properties were already annexed to the Town. TaWil Council Adinutes #/125 October 15. 1997 5 ~ There was no public comment MOTION: Moved: Vote: To read Ordinance by Title Only. Thayer, Seconded by Thompson AYES: Unanimous ABSENT Wolf Mayor Hennessy read, "An Ordinance of the Town Council of the Town ofTiburon Prezoning Property located at 4305, 4315, 4325, and 4365 Paradise drive to the R-1 Zoning District, Assessor Parcel Nos. 38-291-14, 16,31 & 33." MOTION: Moved: Vote: To pass first reading of above motion. Thayer, Seconded by Thompson AYES: Ginalski, Hennessy, Thayer, Thompson ABSENT Wolf I. COMMUNICA TIONS None. J. STAFF & TOWN MANAGER REPORTS 11. Town's Animal Control Ordinance - (Request by Local Resident to Amend Town Municipal ~ Code to Regulate and Limit Number of Cats) . Town Manager Kleinert referred to a letter Irom J. Trudeau and acknowledged the problem she was having with her neighbor's cats defecating on her property. Kleinert made reference to a memo from Sgt. Judd which stated that the law did not treat cats the same way as dogs and that one recourse Ms. Trudeau had was to turn the cats over to the Humane Society as strays. Kleinert suggested mediation with the neighbors as another possible solution , Council concurred it was not appropriate to amend the Town's ordinance. Mayor Hennessy read a portion of Sgt. Judd's memo into the record, stating, "there are no laws defining ownership, confinement, licensing, or vaccination restrictions" pertaining to cats. 12. Town's Community Sign Board at Blackie's Pasture - (Signage Policy). Council reiterated its policy of posting signs for community events rather than commercial uses. Town Manager Kleinert said he would ask Public Works to add language regarding non- commercial use to the sign reservation forms. Town Manager Kleinert said the clock faces would be installed in the clock tower this week. E. CONSENT CALENDAR 2. Quarterly Financial Report - First Quarter FY97-98 - (September 30, 1997) - Accept. Council member Ginalski asked if more streets could be included in the current repair program since the bid came in lower than the amount budgeted. Staff said Town Engineer Barmand was -- Town Council Jlinules:i 1115 ()clOha 15. 1997 6 /'" ~ ~ putting together a list. K. ADJOURNMENT There being 0 further business before the Town Council of the Town ofTiburon, Mayor Hennessy adjourned the meeting at 9:30 p.m., sine die. Oy/;;;u 'nt. )t1e~~ THERESE M. HENNESSY, ATIEST ?~ DIANE"'fl~, TOWNCLERK " Town Council Minutes # 1125 October /5, /997 7