HomeMy WebLinkAboutTC Min 1994-01-19
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TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Friedman called the regular meeting of the Town Council of the Town of
Tiburon to order at 7:35 P.M., Wednesday, January 19, 1994 in Room 5, Del Mar
School, Tiburon, California.
A. ROLL CALL
PRESENT: COUNCILMEMBERS: Thayer, Kuhn, Nygren, Thompson, Friedman
ABSENT: COUNCILMEMBERS: None
EX OFFICIO:
Town Manager Kleinert, Town Attorney Ewing,
Town Engineer Bala, Planning Director Ander-
son, Finance Director Stranzl, Town Clerk
Hennessy
B. APPOINTMENTS TO COMMISSIONS BOARDS. COMMITTEES
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There were no appointments.
C. PUBLIC OUESTIONS AND COMMENTS
Don Batten stated he had assisted the earthquake relief effort in Southern California by
using his ham radio to transmit health and welfare messages.
D. COUNCIL. COMMISSION OR COMMITTEE ORAL REPORTS
DOWNTOWN WATERFRONT COMMITTEE
Councilmember Kuhn referred to the Downtown Waterfront Committee minutes which
discussed the proposed ferry dock facility which is scheduled to be built in the Fall of
1994; the Town Attorney noted engineering studies will begin after final approval from
the State.
MCCMC LEGISLATIVE COMMITTEE
Mayor Friedman asked Council to consider serving on this Committee; Council decided
to postpone an appointment until after the April election.
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E. CONSENT CALENDAR
Items 2. REGIONAL FERRY PLAN - S. F. BAY AREA (Receive MTC's Final Report
and Status of Tiburon New Ferry Dock); 3. PAVEMENT MANAGEMENT SYSTEMS
PROPOSAL (Approve Proposal) and 5. ACCEPT QUITCLAIM DEED (Portion of
Rock Hill Road - Resolution) were removed from the Consent Calendar.
MOTION: To approve the Consent Calendar consisting of the following items:
1.. INVESTMENT SUMMARY REPORT (December 1993)
4. MARIN COUNTY/FCC CABLE REGULATION JPA (Approval of Phase II in
Process to Obtain Rate Regulation - Resolution of Agreement)
Moved:
Vote:
Nygren, Seconded by Thompson
AYES: Unanimous
NOES: None
F. UNFINISHED BUSINESS
6. NEW TOWN CENTER
a. Child Care Center Lease Agreement
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Chairman Kuhn stated this lease is moving ahead; suggested Item D be stricken, lease
will not start until passage of the bond measure; current lease will continue on a month-
to-month basis. Vice-Mayor Nygren felt the CCC should offer lower rates to be
reflective of the lower rent.
b. Thrift Shop Lease Agreement
Chairman Kuhn stated the Thrift Shop Board is agreeable to the proposed lease
provisions and will now get approval from the different churches and RUSD.
c. The Hilarita - Dedication of Ned's Way and Terms of Dedication
The Mayor noted the proposed agreement includes 20 parking spaces for Hilarita
residents and this needs to be defined as a parking permit program.
d. Survey Results
This was not discussed.
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7. BLACKIE'S PASTURE
a. Authorize Wetlands Delineation Survey for Army Corps of Engineers'
Jurisdiction
b. Authorize 1st Phase Parking Improvements Project (Construction Drawings,
Specifications, Staking and Contract Administration)
The Planning Director reviewed the Staff report, and recommended the Town accept the
lower bid and appropriate $4,000 from the General Fund Park Development Reserve.
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In response to Vice-Mayor Nygren, the Planning Director stated LSA was the lowest
bidder. Vice-Mayor Nygren stated following research by Barbara Salzman of the
Audubon Society, she preferred the Town award the bid to Westco at the higher fee; felt
the difference was only $200 and Salzman felt they would offer more personal service
and more complete information.
Councilmember Thayer questioned expenses being incurred by the Town as a result of
the Blackie's Brigade volunteer efforts; asked how many more requests will come before
the Council; asked what the total cost would be to get Blackie's Pasture in a position so
that the volunteers can proceed.
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The Planning Director stated no more expenses were anticipated, however, it costs
money to develop a site; the Army Corps of Engineers request the Delineation Survey;
depending on the results of the survey, some permits might be required.
The Town Engineer stated the estimated costs of Parking Lot A and shaping parking Lot
B is $80,500; the Town will receive $36,000 in IDA funds; the Brigade will use the
volunteer efforts of Bracken & Keane and contractors to donate additional drawings,
labor and machinery. In addition, the Town is applying for a tree planting grant.
In response to Councilmember Thayer, the Town Engineer stated volunteer efforts
include his donation of approximately 50 hours of his time; Bracken, Arrigoni & Ross
has donated plans; people have performed clean-up along the waterfront; the Town has
applied for a BCDC permit which includes a request to repair rip-rap; without
construction drawings, the volunteers cannot proceed to solicit volunteer labor from
contractors, which will also include dressing up the entrance.
Discussion continued regarding the cost of improvements; legally required fees the Town
is expected to pay under any circumstances; value of the volunteers donations.
Councilmember Thompson noted the Town has already budgeted $7,500 for Blackie's
clean-up and the request is to transfer these funds, and an additional $1,500 to cover the
cost of grading plans.
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Discussion ensued regarding Corps' jurisdiction; the riparian area near Abbott's house,
and the Delineation Survey which will include the entire Pasture.
Discussion ensued regarding choice of consultant and the majority of the Council agreed
to let Staff make the selection of the consultant.
Motion:
Moved:
Vote:
To approve expenditures up to $4,000 from the General Fund Park
Development Reserve to perform the wetlands delineation, and accept the
$3,800 proposal.
Kuhn, Seconded by Thompson
AYES: Thayer, Thompson, Kuhn, Friedman
NOES: Nygren
Vice-Mayor Nygren stated she supported the expenditure but supported hiring Westco
instead of LSA
After a brief discussion, it was agreed not to proceed with construction plans until the
Delineation Survey is completed.
Motion:
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Moved:
Vote:
To approve additional $1,500 from Park Development Fund and reallocate
$7,500 toward the engineering and associated work to proceed with Phase
I, however, not to authorize actual work at this time.
Friedman, Seconded by Kuhn
AYES: Unanimous
NOES: None
G. PUBLIC HEARINGS
8. LINDA VISTA UNDERGROUNDING ASSESSMENT DISTRICT
The Town Manager reviewed the Staff report; the proposal is to remove three utility
poles and overhead wiring; seven out of eight property owners have signed the petition,
which represents 81 % of the land area; stated he had received a call from Mr. Parkinson
who indicated he would not sign the petition; expressed appreciation to the residents for
their time and effort in this endeavor; stated property owners will pay for the
engineering report and assessment district; there is no cost to the Town.
The Mayor opened the public hearing. There being no comments, the Mayor closed the
public hearing.
TOWN COUNCIL MINUTES #997
Motion:
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a. Accept Petition - Resolution
To adopt Resolution Accepting Petition for the Linda Vista Undergrounding
Assessment District
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Moved:
Vote:
b.
Motion:
Moved:
Vote:
c.
Motion:
Moved:
Vote:
d.
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Motion:
Moved:
Vote:
e.
Motion:
Moved:
Vote:
Nygren, Seconded by Kuhn
AYES: Unanimous
NOES: None
Approve Boundary Map - Resolution
To adopt Resolution Approving the Boundary Map
Kuhn, Seconded by Thayer
AYES: Unanimous
NOES: None
Resolution of Intention
To adopt Resolution of Intention to Order Improvement
Thayer, Seconded by Nygren
AYES: Unanimous
NOES: None
Approve Agreement for Legal Services - Resolution
To adopt Resolution for Legal Services
Kuhn, Seconded by Nygren
AYES: Unanimous
NOES: None
Approve Agreement for Engineering Services - Resolution
To adopt Resolution for Engineering Services
Nygren, Seconded by Kuhn
AYES: Unanimous
NOES: None
9. DETERMINE STATUS OF PARCELS AT 2255.2265.2275 PARADISE DRIVE
(AP. NOS. 59-142-04, 05, 06 and 08 - Parcels May be Subject to Statutory Merger
Pursuant to Chapter 14, Article 8 of the Tiburon Town Code. Owners: Lucy
O'Brien Trust; Trustee: William O'Brien)
CONTINUED TO FEBRUARY 2, 1994
10. APPEAL DESIGN REVIEW BOARD DECISION (AP. NO. 58-272-02;
Appellant and Applicant: Mr. and Mrs. R. W. Morey; 132-134 Lyford Drive;
Realignment of Fence)
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CONTINUED TO MARCH 2, 1994
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E. CONSENT CALENDAR (Continued)
5. ACCEPT OUITCLAlM DEED (Portion of Rock Hill Road - Resolution
Joe Keller asked if the Town would be accepting any problems with this easement
because debris has been dumped in this area. The Council continued this item to
determine if there were any problems.
2. REGIONAL FERRY PLAN - S. F. BAY AREA (Receive MTC's Final Report
and Status of Tiburon New Ferry Dock)
Councilmember Thompson stated Blackie's Pasture should be considered for
commuter parking for the ferry; asked Staff to investigate other funding sources,
i.e., ISTEA funds. The Town Engineer noted that if funds are received for
commuter parking, the Town loses control over strip of land where the parking will
be.
Council received the Report and directed Staff to check availability of funds.
3. PAVEMENT MANAGEMENT SYSTEMS PROPOSAL (Approve Proposal)
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Council acknowledged receipt of the proposal. The Finance Director stated a
meeting will be scheduled after the contract is signed.
Motion:
Moved:
Vote:
To accept the proposal from Pavement Management Systems
Friedman, Seconded Kuhn
AYES: Unanimous
NOES: None
H.
NEW BUSINESS
11. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM - NPDES
(Federal/State Requirement Regarding Control of Pollutants from Municipal
Storm Drainage Systems)
The Town Manager reviewed the Staff report; federal/state requirements require all
cities and counties to control storm water discharge; State Water Quality Control Board
agreed to accept a program from the 12 jurisdictions in Marin County; the Street Light
Acquisition Program Joint Powers Agreement was designated as the authority and a
consultant will develop a base line program and use plan; requested Council approve the
proposed Action Program to control our jurisdictions' discharges and approve increased
cost from $2,000 to $4,800; this increased allocation of $2,800 will be funded from the
Town's General Fund Unallocated Reserve.
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Motion:
To adopt the NPDES Program and Authorize the increased allocation for
a total of $4,800 from the Town's General Fund Unallocated Reserve.
Thompson, Seconded by Kuhn
AYES: Unanimous
NOES: None
Moved:
Vote:
12. TOWN MID YEAR FY 1993-94 FINANCIAL REPORT (Review 6-Month Budget
Revenue & Expenditure Projections)
The Finance Director reviewed the Staff report. The Town Attorney explained
American with Disabilities Act requirements; the Town has begun a survey of the
building needs; under the law the Town has to identify where the buildings are not in
compliance and which items are economically feasible to fix; work needs to be done by
January 1995; expenses will be incorporated into the budget.
The Town Manager noted that the Council adopted a two-year budget, but Staff will
return in May after the new Council is elected to bring the budget up-to-date, and to
make recommendations for adjustments.
The Mayor asked the Subcommittee on Finance to meet to discuss non-represented
employees.
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I. COMMUNICATIONS
SIGNAGE
Mayor Friedman stated he received a letter complaining about the new signs at the
Tiburon Lodge; noted Diana Bennett's comments regarding downtown signs. The Town
Manager noted the manager of the Lodge took out two of the back lights to reduce
intensity. The Mayor asked Staff to agendize the topic.
13. P.G.&E. Ltr. to Vice-Mayor Nygren, dt'd. 12/30/93 (P.G.&E. Contribution of
$1,500 in Support of Tiburon's Disaster Preparedness Plan & Proposed Town
Hall/Police/Emergency Operations Center Open House)
The Council thanked P.G.E. for their generous donation; there will be an Open House
on April 23 at the Emergency Operations Center and Town Hall; thanked Vice-Mayor
Nygren for her efforts.
14. Tiburon/Belvedere Rotary Club (Ltr. to Town Manager, dt'd. 1/10/94 (Elephant
Rock Repairs Funding Assistance)
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The Council noted the Rotary Club's Casino Night fund raising efforts to help
preserve Elephant Rock which will be held on February 12, 1994.
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15. June 7, 1994 Election Calendar (Ballot Measure Deadlines)
Informational only.
J. STAFF AND TOWN MANAGER REPORTS
There were none.
K. ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon,
Mayor Friedman adjourned the meeting 10:05 P.M. to Tuesday, February 1, 1994 at
7:30 P.M. for the purpose of electing a new Mayor and Vice-Mayor.
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MAYOR MICHAEL FRIEDMAN
ATTEST:
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