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HomeMy WebLinkAboutTC Min 1994-01-19 r 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 ~ 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. Ir TOWN COUNCIL MINUTES #997 1/19/94 1 r 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 r 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. t~ TOWN COUNCIL MINUTES #997 1/19/94 2 . r 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. . 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. l- 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. lr TOWN COUNCIL MINUTES #997 1/19/94 3 r 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: i-'. 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: 10 a. Accept Petition - Resolution To adopt Resolution Accepting Petition for the Linda Vista Undergrounding Assessment District 1/19/94 4 r'- ~ Moved: Vote: b. Motion: Moved: Vote: c. Motion: Moved: Vote: d. r 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) TOWN COUNCIL MINUTES #997 Ir . CONTINUED TO MARCH 2, 1994 1/19/94 5 r 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) t' 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. ~ TOWN COUNCIL MINUTES #997 1/19/94 6 . r 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. ~. 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) l~ 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. TOWN COUNCIL MINUTES #997 1/19/94 7 . r 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. /l..~~(7 MAYOR MICHAEL FRIEDMAN ATTEST: ~ l~- TOWN COUNCIL MINUTES #997 1/19/94 8 .