HomeMy WebLinkAboutTC Min 1997-04-16
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TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Hennessy called the regular meeting of the Town Council of the Town of Tiburon to order
at 7:30 p.m. on Wednesday, April 16, 1997, in Council Chambers at 1101 Tiburon Boulevard,
Tiburon, California,
A. ROLL CALL
PRESENT: COUNCILMEMBERS:
EX OFFICIO:
Hennessy, Thayer, Thompson, Wolf, Ginalski (7:40
p.m)
Town Manager Kleinert, Chief of Police Herley,
Town Attorney Danforth, Lt. Aiello, Finance
Director Stranzl, Planning Director Anderson, Town
Engineer Barmand, Town Clerk Crane
B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If Anv)
Mayor Hennessy announced that no action was taken in closed session.
C. INTRODUCTION OF NEW TOWN EMPLOYEE
I. Town Manager Kleinert introduced Penelope Vorster, Planning Department Secretary.
D. PUBLIC OUESTIONS AND COMMENTS
t'"' None.
E. APPOINTMENTS TO BOARDS. COMMISSIONS & COMMITTEES
2. Design Review Board - One pending Vacancy,
MOTION:
To reappoint Wayne Snow to the Design Review Board [for a full, four-year
term].
Wolf, Seconded by Thayer
AYES: Unanimous
Moved:
Vote:
G. CONSENT CALENDAR
4. Town Quarterly Financial Report as of March 31, 1997 - (Receive).
5. Town Council Minutes #1109 - March 19, 1997 - (Adopt).
MOTION:
Moved:
Vote:
To adopt Consent Calendar.
Thompson, Seconded by Thayer
AYES: Unanimous
ABSTAIN: Wolf (March 19,1997 Minutes).
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Town Council Minutes #1111
April 16. 1997
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H. NEW BUSINESS
6. Hillhaven Undergrounding Assessment District - (Disbursement of Funds).
By way of background, Town Attorney Danforth said the funds in question had been suspended
since 1993, but that Bankruptcy Court had never demanded the funds. Danforth said she became
involved with the matter sometime after she began her employment with the Town in January
1996, Danforth said the Town had tried refunding the unencumbered monies but that the
bankruptcy proceedings superseded all other proceedings in governing the final disbursement of
funds.
Danforth said the homeowners were now disputing the Town's accounting of the monies, but she
stated that the funds encumbered by the [Hillhaven] contract belonged neither to the Town nor
the homeowners. She said there was one secured creditor claiming $200,000 dating back to
1989, and there were other liens as well.
Danforth said the normal way to resolve such an issue would be to go to court and ask the court
to resolve conflicting the claims, She said some of the homeowners were not comfortable signing
a release mailed out by the Town.
Finance Director Stranzl gave a brief history of the Hillhaven Undergrounding Project and
disputed monies. He said approximately $51,000 had been set aside since January 1992 for the
creditors in the bankruptcy. Stranzl said he had sent out the release in an attempt to establish a
format for returning the funds, if any, after the bankruptcy issues were resolved, He said Mr.
Fred Hannahs expressed concern about signing the release and sent out one of his own to the
I'" homeowners, Stranzl said he had received 37 out of 55 releases back, approximately half Town
releases and half those sent out by Mr. Hannahs.
Town Attorney Danforth said Mr. and Mrs. Hannahs had also raised a question concerning an
invoice to one contractor with the contention that it was double-billed and paid twice by the
Town.
Councilmember Wolf asked whether the Town was waiting passively for the [Court] disbursement
of funds, Town Attorney Danforth said the Town was waiting for the claimants to come forward.
Councilmember Wolf also inquired whether the disputed amount was the maximum amount and
whether the Town would pay it out with or without interest. Town Attorney Danforth said the
interest issue was vague, nevertheless, the monies were L.V. Mawn's [underground project
contractor].
Councilmember Wolf asked whether the Town had any objection to giving the interest back to the
homeowners, Town Attorney Danforth replied that it was unlikely there would be any funds left
after paying the claimants but affirmed that the Town would give it to the homeowners.
Councilmember Wolf asked that probability be incorporated into the release.
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Town CouncilMinules #1111
April 16. 1997
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Mr, Fred Hannahs read a letter to the Council [attached as Exhibit A hereto).
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Council concurred that agreement needed to be reached regarding what constituted contract funds
and what constituted surplus funds for the project and appointed Councilmember Wolf and Vice
Mayor Thayer to act as a subcommittee to help resolved the issue,
F. COUNCIL. COMMISSION & COMMITTEE REPORTS
3. Library Agency Annual Report and Appointment of Trustee. Richard Rozen, Chair of the
BelvederefTiburon Library Agency, and appointed by the Reed Union School District, reported
that the new library was dedicated on April 13 and was completed on time and on budget.
He said the Tiburon Peninsula Library Foundation had raised $3 million for furniture and
computers for the new building, and that $568,000 was left in grant funds which the Library
hoped to turn into an endowment.
Councilmember Thompson asked if there were accounts set up for future maintenance work at the
Library. Rozen said the Board had set aside $10,000 for building maintenance in 1996, $50,000
for the fiscal year beginning June 1, 1997, and $40,000 per year thereafter.
Chair Rozen said that boardmember Alan Littman's term was ending in June and that he had
asked to be considered for reappointment.
MOTION:
To Reappoint Allan Littman [as one of Tiburon's representatives] to the
Belvedere/Tiburon Library Agency Board,
Hennessy, Seconded by Wolf
Unanimous
I""
Moved:
Vote:
H. NEW BUSINESS
7. Scheduling of Appeals to Town Council. - (Adopt Policy), Planning Director Anderson
recommending formalizing a policy in which an appeal would after to be scheduled at the first
Council meeting 15 days after filing, or the meeting after, at Staff's discretion. Anderson said the
reason for this was that Staff had been placed in the middle on ongoing disputes about the
scheduling of hearings by applicants and/or appellants.
Council directed Staff to formalize the policy and bring a resolution to Council.
8. New Town Hall - Scheduling and Reservation Policy for Council Chambers & Meetings
Rooms - (Adopt Policy).
Council concurred with Staffs recommendation to allow the Jt. Recreation Department to
schedule activities in the upstairs meeting "Community" room similar to the system used by
Belvedere, and for the Town Clerk to schedule meetings in the Council Chambers,
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Town Council Minutes #1111
April 16,1997
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I. PUBLIC HEARING
9, Appeal of Design Review Board Decision - Approval of Site Plan, Architectural Review and
Variances for Construction of new Single Family Residence at 1450 Vistazo West, AP No. 58-
223-11, Ben Taylor (Vista Vistazo Homeowners Association), Appellants; BelvederefTiburon
Landmarks Society, Applicant.
Referring to letters received from several homeowners, including Ben Taylor and Fran Mayberry,
Councilmember Ginalski proposed postponing the hearing to a time when they could be present.
Councilmembers Wolf, Thompson and Hennessy voted to hear the appeal.
Planning Director Anderson said the 26 foot high home at 1450 Vistazo West had been approved
by the Design Review Board on March 20 and an appeal was filed on March 28, 1997.
Mayor Hennessy opened the public hearing,
Suzanne Otto, representing the Vistazo West Homeowners' Association, read a list of questions
prepared by Ben Taylor who was not present, They included: 1) asking for verification of
property lines, 2) questioning whether the zoning ordinance was being properly interpreted
regarding Staff's interpretation the R02 was a zoning map "fluke", 3) removal of trees on the
property, and 4) lights shining into neighbors' bedrooms from the proposed driveway.
Roger Hartley, Architect and Engineer for the project, said the survey was bona fide and that the
geotechnical report said the property was suitable for planned residential development.
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Councilmember Ginalski asked about a letter submitted from Sanitary District 5 concerning access
to a sewer manhole and line running across the property. Stewart Hopkins, Sanitary District 5
Boardmember, said there was confusion concerning the location and easement for the sewer.
Mr. Harley said there was no sewer easement because the entire roadway was an easement, He
also said the acacia trees would not be removed, only trimmed.
Jim Craik, 1410 Vistazo West, Homeowners' Association President, said the homeowners wanted
a signed agreement with the potential owners before the Town approved the plans. Planning
Director Anderson said that was part of the Design Review Board approval.
Nancy Knoble, 2 Malvino Court, representing the Landmarks Society, asked Council not to hold
up the sale of the lot and let the parties work out their issues,
Mayor Hennessy closed the public hearing.
MOTION:
To Deny the Appeal of the Vista Vistazo Homeowners' Association and Uphold
the Findings of the Design Review Board with regard the Variances and
Construction ofa new Single Family Residence at 1450 Vistazo West.
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Town Council Minutes #/ / / /
April /6, /997
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Moved:
Vote:
Thayer, Seconded by Wolf
AYES: Hennessy, Thayer, Thompson, Wolf
NOES: Ginalski
10. Downtown Main Street ADA Proposed Improvements - Finalize Street/Sidewalk
Improvements and Financing Options,
Mayor Hennessy remarked that the Town had loaned the services of the Town Engineer and Staff
to assist the business community in resolving the issues concerning modifications of their
businesses and the Town-owned street and sidewalk as part of the ADA lawsuit filed against
several downtown property owners.
Town Engineer Barmand said there had been a year and a half of meetings and Staff had come up
with three solutions/options for Council's consideration. He said Option No. lincluded making
Main Street one-way, with eight-foot sidewalks on both sides. The one-way portion would run
all the way to Bellevue Avenue which would require some modifications to the intersection at
Beach Road. Option NO.2 would provide eight-foot sidewalks with two-way traffic but eliminate
parking on Main Street. Option No.3 assumed five-foot sidewalks, two lanes and
parking/delivery on one side of Main Street.. Barmand said all the options required raising the
sidewalks and crowning the road, which would cost approximately $200,000 for construction of
the Main Street portion only.
Mayor Hennessy opened the public hearing,
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Steve Sears, owner of Sam's Anchor Cafe and current President of the Chamber of Commerce,
said his board had voted to endorse Option No, I (one-way) because of the concern for safety of
pedestrians and problems with double-parking/passing cars in the street, He said that making the
street one-way with eight-foot sidewalks would help this. Sears said that traffic circulation Ark
Row was also very dangerous and should be addressed now. He concluded that Options 2 and 3
did not address the safety issues and expressed the hope that Council would weigh that over the
inconvenience of some Corinthian Island residents
Klaus Meinberg, owner of Sweden House Bakery, reiterated the safety issue, and said that traffic
coming off Corinthian Island traveled very fast and was very dangerous. He said parking was not
needed on Main Street.
Bob Branz, City Engineer of Belvedere, expressed concern that additional traffic would be
directed into Belvedere using Option No.1, and that traffic exiting from Alcatraz onto Main
Street would be put into conflict with other traffic on Main Street.
George Gnoss, Belvedere resident, said "we want to be good neighbors", but objected to the one-
way option. Mark Kasanin, also of Belvedere, said one-way had not worked in the past. Don
Davis, Belvedere, said he supported Option No.3, as did Tom Belton of Belvedere.
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Town Council Minules #1111
April 16, 1997
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Mayor Hennessy said the hearing on the ADA lawsuit was in June and the judge would not wait
much longer for resolution of the issue.
Mohammed Sadrieh, Tiburon resident, said Option No.3 should be considered, and said there
would be additional costs with Options 1 and 2 to install bollards, planters, and signage, He
cautioned against changing the look of Main Street because of its valuable historical character.
Karen Nygren, 2 Paseo Mirasol, concurred and asked whether there was an ADA exemption for
an historic district,
Town Attorney Danforth pointed out that the lawsuit was for denial of access to stores and
businesses, and that even though the Town-owned sidewalks were accessible, the plaintiffs had
argued that the Town should alter the sidewalks to allow accessibility to the stores. She said that
most people agreed that increases accessibility was a good thing if it could be accomplished,
Richard Skaff, Town ADA consultant, said the Town had moved forward in good faith to provide
solutions.
Town Attorney Danforth said the Town Engineer had continued to express concerns about the
safety issues of Option No.3,
Alison Madden, counsel for plaintiffs, said the judge would probably not consider the $200,000
estimated cost unreasonable and said the plaintiffs had no preference of the options, although she
- had not seen Option NO.3 prior to the meeting.
Jon Rankin, Chamber of Commerce Vice President, urged Council to put aside the issue of
[Corinthian Island] convenience and to go with Option No. 1 which addressed the safety issues.
Arnie Lerner, Architect who prepared the drawings for the options, said he supported Option No.
1 because it would make downtown more oriented for people to walk around and would increase
business and accessibility for everyone. He said the Town had a valuable asset and should
preserve the historic nature of downtown.
Lani Valentine, Corinthian Island resident, said she supported Option NO.2.
Lynn Honda, Tiburon, said one-way would be safer for bicyclists and pedestrians.
Dian Ashley supported Option No. 1 and suggested counting the number of cars coming off
Corinthian Island. She said Option No, 3 was dangerous and the five-foot sidewalks too narrow,
Paul Krause said one-way would be a nightmare.
Sue Driscoll, owner of Giftique, commented on the traffic and parking problems of Ark Rowand
said she would support Option NO.1.
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Town Council Minutes #1 111
April 16. 1997
6
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Barbara Barlow, Four Paws, said Option No, 1 would enhance downtown and the overall
community.
Bob Trieber, owner of six stores downtown over 20 years, said he was interested in Option No, 3.
Steger Johnson, Belvedere resident, encouraged Council to view a video that had been made
when Main Street was one-way,
Mayor Hennessy closed the public hearing.
After considerable discussion of the pro's and con's of all options, the following motion was
made:
MOTION:
Moved:
Vote:
To adopt Option No, 3 and direct the architect to move forward and for the Town
Attorney to inform and judge of the decision pending appropriate Town approvals
and environmental review.
Ginalski, Seconded by Thayer
AYES: Thayer, Thompson, Ginalski\
NOES; Hennessy, Wolf
11. Ordinance Amending Article I, Section 2.1 of the Tiburon Town Code Re: Regular Meeting
Location - 1505 Tiburon Boulevard - (Introduction of Ordinance and 1 st Reading).
('
MOTION:
Moved:
Vote:
To Read Ordinance by Title Only.
Thayer, Seconded by Thompson
Unanimous
Mayor Hennessy read, "An Ordinance of the Town Council of the Town ofTiburon Amending
Section 2.1 of Article I of the Tiburon Town Code,"
MOTION:
Moved:
Vote:
To Pass First Reading of Above Ordinance.
Thayer, Seconded by Thompson
AYES: Ginalski, Hennessy, Thayer, Thompson, Wolf
NOES: None.
J. COMMUNICATIONS
12, Letter from Eleanor Becker to Town Council re: Trees at South Knoll, dated April 2, 1997.
Discussion continued.
13. Letter from City of Covin a to Town ofTiburon re: Support for SB 1310, dated April 17,
1997, Council concurred to not support the request.
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K. STAFF & TOWN MANAGER REPORTS
Town Counci/Minutes #1111
April 16, 1997
7
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14. Pt. Tiburon Marsh Complex BMR Housing Units. Town Manager Kleinert said there was a
one-bedroom available but recommended that Council only purchase another two-bedroom if one
became available. Councilmember Wolf asked that Staff look into the option of increasing the
Town's low income housing stock through the purchase of another one-bedroom at Pt. Tiburon
Marsh.
L. ADJOURNMENT
There being no further business before the Town Council of the Town ofTiburon, Mayor
Hennessy adjourned the meeting at 11 :05 a.m. to an informal celebration of the last Council
meeting at Ned's Way.
~",'nf(~<4ftr
THERESE M. HENNESSY, MAYO
ATTEST, ~ z:
DIANE L. CRANE, TOWN CLERK
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Town CouncilMinules #1111
April 16. 1997
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Fred & Casey Hannahs
440 Ridge Road
Tiburon, CA 94920
(415)435-1129
email: fredke@sirius.eom
April 16, 1997
TO: Tiburon Town Council:
The Town Staff is requesting permission to disburse the remaining funds in the Hill Haven
Assessment District #1990-2 after receiving waivers of all future claims by all Hill Haven
property owners. The property owners have requested many time over the past five years
for an accurate, verified accounting of receipts and disbursements from the fund. This has
not been supplied. In the current Staff Report, 4 bills approved by PG&E for payment to
the trenching contractor, L. V. Mawn, and 4 copies of checks paid to Mawn are now
provided. (See Attached Summary)
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Our disagreement with the staff report concems the amount pf the Mawn funds retained by
the Town.The Staff Report, Pages 4 & 5, gives a "what should have happened" scenario.
In fact, the PG&E contract with Mawn came in well under budget at $342,349.40, see
PG&E's final invoice approval 12'17/91. By Town/PGE Agreement all payments due
Mawn were to be approved by PG&E. However, on 1O/1O/91the Town paid an additional
duplicate Mawn invoice to PacBell,without the approval of PG&E, in the amount of
$15,818.00; thereby reducing the actual retention of funds due Mawn to $23,817.00. (The
four items in PacBel invoice had already been approved and paid on 7/17/91.)
RErENTION OF MA WN FUNDS. Verified by Invoices & Checks in Staff Report
fA Matter of Simple Subtraction - See Attached Summarv)
Total Funds Due L.V.Mawn-App.by PG&E-121l7/91
Total Paid to L.V. Mawn by Town as of 12/17/91
Amount of Funds Retained by Town
Plus Cumulative Interest for 4 Years at 5.2%
Total Funds plus interest in Mawn Construction Account
$342,349.40
-318.532.40
$23,817.00
+5.353.90
$29,170.90
I.Based on the information available, we ask the Town Council to amend the
recommendations in the staff report on Pages 4 & 5 to reflect the verifiable figures above,
namely that the proper amount of the retention fund due Mawn, $29,170.90, be held by the
Town for settlement of claims and that the balance of $105,629 and any accumulated
interest beyond 3/31/97 be returned to the Hill Haven property owners.
2. We also ask that the requirement of 100% signed releases before distribution of funds be
amended to require an individual release prior to the return their funds. To require 100%
prior to distribution creates an almost insurmountable hazard for the town to locate owners
in Hong Kong and Surinam, as well as heirs who have left the State, for the request and
return of waivers.
As you can see by the blank spaces on the attached summary, no account of disbursements
or receipts, other than those to Mawn, has been made by the Town. We can only assume
that, although required by State Law, no such records are available to the property owners.
""'"
POLE CATS COMMITTEE MEMBERS
Casey & Fred Hannahs & Marguerite Armitage
EXHIBIT No.L
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