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HomeMy WebLinkAboutTC Min 1997-10-01 ~ TOWN COUNCIL MINUTES CALL TO ORDER Mayor Hennessy called the regular meeting of the Town Council of the Town ofTiburon to order at 735 p.m. on Wednesday, October I, 1997 in Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. A. ROLL CALL PRESENT COUNCILMEMBERS Ginalski, Hennessy, Thayer, Thompson ABSENT: COUNCILMEMBERS: Wolf PRESENT: EX OFFICIO Town Manager Kleinert, Interim Town Attorney John Sharp, Planning Director Anderson, Chief of Police Herley, Superintendent of Public Works lacopi, Town Clerk Crane B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any) -. Mayor Hennessy said that no action had been taken ""'" C. PUBLIC OUESTIONS AND COMMENTS None. D. INTRODUCTION OF NEW TOWN EMPLOYEE Superintendent of Public Works lacopi introduced Dave DeTomasi, new Maintenance I Worker in the Department, who also lives in Tiburon Mayor Hennessy welcomed Mr. DeTomasi to the Tow~ Staff. E. COUNCIL. COMMISSION & COMMITTEE REPORTS None. F. 1) CONSENT CALENDAR Town Council Minutes - No. 1121, August 20, 1997; No. 1122, September 3, 1997 - (Adopt) Town Monthly Investment Summary - (August 31, 1997) - (Accept) Traffic Safety Committee Meeting - September 23, 1997 Minutes & Recommendations- (Accept) Denial of Appeal of Design Review Board Decision Re: Conditions of Approval and Variance to Project at 12 Tara Hill Road, Project #297107; Bill McLaughlin, Developer; James & Debra Molakides, Owners; Alexander & Hedvig Margulis, Appellants - (Adopt Resolution) 2) 3) 4) Town Council Afinules # 1114 October 1. 1997 r" 5) Marin Human Rights Roundtable Against Hate Violence Campaign - Week of November I through 16, 1997 - (Adopt Resolution) MOTION Move: Vote: To adopt Consent Calendar. Thompson, Seconded by Thayer AYES: Unanimous ABSENT Wolf G. PUBLIC HEARING 6) Order to Show Cause Regarding Abatement of Public Nuisance - (Abandoned Unfinished Residence at 105 Trestle Glen Terrace) Town Manager Kleinert said he had been contacted by an attorney for the owners, Mr. Bosco, who had informed him that the lenders had paid off the investors on the project and that the owners had retained a new contractor. John Farrow, to proceed with work on the house. Kleinert said the Building Official reported that the contractor told him he hoped to finish the project in 90 days, and that $3,000 had been paid to the Town to reactivate the building permit Kleinert said he had instructed Staff to closely monitor the situation and recommended the abatement be tabled for the time being. r" Marian Higgins. I 06 Trestle Glen Terrace, said the report was good news but expressed concern that the Town maintain its interest in seeing the project to completion. Another neighbor said the landscaping should be completed on the project, as well Town Manager Kleinert confirmed that the contract included language to "install landscaping and trees." Council adopted the Town Manager's recommendation. H. UNFINISHED BUSINESS 8) Countywide Communications System - Tiburon's Support for Conceptual Plan - (Adopt Resolution) Council asked for the resolution to be revised to state that it supported the "acquisition" rather than purchase of the system Chief of Police Herley said the public agencies involved were seeking support for the concept rather than the method of acquisition. MOTION Moved: Vote: To Adopt Resolution. as Amended above. Thayer, Seconded by Ginalski AYES Unanimous ABSENT Wolf ""'" l. 10) NEW BUSINESS Cypress Hollow Annexation Interest - (Consider Conceptual Support) Town Couflcil.l.v!inutes #1124 October 1. 1997 2 r-- Town Manager Kleinert said the residents of the Cypress Hollow area had shown strong interest in annexation to the Town and that the majority had signed a petition to that effect. Kleinert said there would be no great impact to the Town to provide services since the subdivision represented a small extension to the west ofBlackfield Drive. He recommended that Staffbe directed to notifY LAFCO of the interest and ask that LAFCO proceed with a resident's survey regarding annexation and to prepare a report on costs and revenues to both the Town and LAFCO. There was no public comment. Vice Mayor Thayer complimented the residents for handling the matter so professionally and wished them the best ofluck MOTION: Moved: Vote: To Direct Staff to contact LAFCO and proceed with the annexation study. Thayer, Seconded by Ginalski AYES: Unanimous ABSENT: Wolf H. UNFINISHED BUSINESS 7) Tiburon Main Street/ADA Traffic Improvements - (Review of Traffic Consultant's Final Report and Recommendations). - Town Engineer Barmand said a subcommittee, comprised of representatives of both the Tiburon and Belvedere City Councils, had met to review the initial report prepared by the independent traffic engineers, DKS Associates As a result of the first meeting, a supplemental report was prepared and the subcommittee met a second time, and an additional supplement was before Council tonight. According to Barmand, DKS Associates recommended making lower Main Street one-way from Tibumn Boulevard and, based on concerns expressed by residents of Corinthian Island and Belvedere, recommended a compromise by keeping Ark Row two-way. However, Barmand said, the Belvedere City Council had concerns about the recommended changes to Beach Road intersection. He said DKS Associates said that the time increase resulting from the proposed stop sign was so minimal as to not be measurable Town Engineer Barmand said Statfneeded the Council's direction to proceed. He also noted there was a hearing scheduled the first week of November in the Main Street/ADA lawsuit. Town Attorney Sharp confirmed that the court's last order said if the matter was not settled by October I then a further settlement conference was to be scheduled between that date and November 14, but no trial date had been set. r-- Mayor Hennessy read some comments from [absent] Councilmember Wolf into the record: Town Council Alinutes # 1124 October 1, 1997 3 ,-... "I would make one modification to the DKS recommendation. They would have trucks park by pulling up onto the sidewalk as an extension of the 'bikelbuffer' lane. This could create maintenance problems. It would be preferable to have trucks use the parking lane morning hours, as we have just agreed to do "Regarding removal of two parking spaces on Ark Row in order to allow Corinthian Island residents to make a left hand turn before the circle: DKS traffic counts for a peak congestion period (Holiday weekend, event at Corinthian Yacht club) show that at the worst hour with 126 cars entering the parking lot, only 5 cars exited offof A1catraz Ave, and 2 of them used the circle. It seems a bit extreme to force all cars using Ark Row to reach the Yacht club or Parking lot to make a stop at this point to accommodate a relatively small number of cars at the few times serious congestion exists. "If we remove parking spots at all on Ark Row, it should be to mitigate the narrowest point where traffic lanes are reduced to 7.5' in each direction. Parking spaces are very precious. especially with the elimination of parking on lower Main in the morning hours 1 can see elimination of parking for safety, not for minor inconvenience." Mayor Hennessy opened the public hearing. John Haferman, Corinthian Island resident, asked how the Town came to be involved with the ,-... lawsuit. Mayor Hennessy said the Town rejected the applications for building permits submitted by the defendants to install ramps and rails on Main Street which would have caused an undulating sidewalk and forced pedestrians out into the street. Hennessy said the Town then directed the Town Engineer to come up with an alternative plan to assist the property owners [defendants] in resolving the matter. Town Attorney Sharp reiterated that the Town was not a party to the suit. Town Engineer Barmand said there were existing traffic circulation problems downtown which needed to be addressed, and that he had looked at the alternatives with the subcommittee and several architects and ADA consultants. Robert Treiber, merchant in downtown Tiburon, expressed concern about the one-way proposal and suggested that Council look at Tom Brown's plan. Town Engineer Barmand said the plan had already been taken into consideration Tom Frankovich, attorney for Connally and Stickle (plaintiffs), said there had never been a "threat" to bring the Town into the lawsuit, but that if a solution could not be reached, he imagined the Court would direct the parties to look to the Town for relief -- Frankovich said the matter of who would pay for the proposed improvements was still outstanding, and suggested that the matter be brought up with Mr. Zelinsky, the "main player," as the other defendants were waiting for him to do something, as well. Town Council A/inures # 1124 October 1. 1997 4 ,-.... Town Attorney Sharp said direct threats had been made by defendants in the suit to bring the Town into the litigation Mayor Hennessy closed the public hearing. Coucilmember Thompson said he served on the subcommittee and that the two Councils had sought an independent, impartial recommendation by hiring DKS Associates. He said there were still some questions about the statistical analysis, but that he strongly supported the one-way proposal and had from the beginning, even before the lawsuit. Thompson said the police supported the one-way proposal, and the Traffic Safety Committee had recommended it to alleviate the congestion and problems caused by loading and unloading downtown. Thompson said he also favored the wider sidewalks and that keeping Ark Row two- way was a compromise. Thompson said the safety and congestion concerns far outweighed the convenience issues cited by some Corinthian Island residents. - Council member Ginalski said that no "body" should be hastened into making a decision due to litigation. Ginalski said he felt that Council had not done a good job of dissecting the questions and issues concerning downtown and that the ADA issue had gotten dovetailed into other issues. Ginalski said the Town should not be involved in making decisions that would affect "our neighbors in Belvedere" Vice Mayor Thayer said there were three issues: 1) ADA access and compatibility; 2) safe use of Main Street, and 3) [how to] minimize any impacts on Belvedere. Thayer said the independent traffi(l study called upon the Town to change the way Main Street was used, and that Ark Row was dangerous. He said the changes would have a minimal effect on Belvedere Thayer said he supported the independent study as the most analytical and objective approach. Mayor Hennessy said she agreed with Vice Mayor Thayer and that the study represented a compromise She said the two-way solution for Ark Row eliminated a lot of problems for the Corinthian Island residents (i.e. les;; "stray" traffic on Bellevue), and that a safer Main Street was better for everyone. Hennessy said she thought it appropriate for both Councils to handle their jurisdictions separately, and that she would accept the recommendations ofDKS Associates She also said that Councilmember Wolfs recommendations should be incorporated. ""'" Council member Ginalski asked if the approach could be used on a trial basis. Mayor Hennessy said she thought it inappropriate given the fact of the litigation. Town Council Alilllltes # 1124 October 1. 1997 5 .~ MOTION: Moved: Vote: MOTION: Moved: Vote: To Accept the Report and Recommendations ofDKS Associates and direct the Town Engineer to work with the Belvedere City Engineer to implement the Recommendations. Hennessy, Seconded by Thayer AYES: Hennessy, Thayer, Thompson NOES: Ginalski ABSENT: Wolf To Create a Subcommittee to address the Financial Issues and work with the City of Belvedere and [downtown] Merchants to discuss cost allocations for the proposed improvements. Hennessy, Thayer AYES: Hennessy, Thayer, Thompson NOES: Ginalski ABSENT: Wolf It was proposed that Thompson and Hennessy serve on the committee. - Town Engineer Barmand asked for clarification. Mayor Hennessy directed him to work with all of the property owners affected by the proposed changes to Main Street Councilmember Thompson asked for a future agenda item to change the official name of upper Main Street to "Ark Row." 9) . Tiburon Ridge "Missing Link" Trail - (Request for Additional Funding). Town Engineer Barmand said the project turned out to be a greater task than previously believed and that the budgeted amount ($5,000) was too low, and could not be accomplished using just the Public Works Department Barmand said most of the work would have to be done by hand since heavy equipment could not be used on the steep hillside. He said $10,000 would be a more appropriate amount. MOTION Moved: Vote: J. 11) - To approve the additional funding for the "Missing Link" Trail Thompson, Seconded by Ginalski AYES: Unanimous ABSENT Wolf COMMUNICA nONS Lyford Cove/Old Tiburon Homeowners Association Minutes - September 9, 1997 - (Receive). Town Council ,"/inures # 1124 October /. /997 6 """"' K. STAFF & TOWN MANAGER REPORTS 12) Elephant Rock Fishing Pier Reconstruction Status - (Town Engineer's Project Description dated September 19, 1997). Town Engineer Barmand said the receipt of federal grant money for the improvements required an elaborate environmental review which was underway. He estimated work to begin in the late spring, early summer. L. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Hennessy adjourned the meeting at 8:58 p.m., sine die. C:y;;;" -'-nt ~ '~ THERESE M. HENNESSY, MAYO /""'. ?(j.~ . CRANE, TOWN CLERK ~ Town COllncil Minlltes # I /24 October /, /997 7