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HomeMy WebLinkAboutTC Min 1996-01-06 ,/ """-, .,' TOWN COUNCIL MINUTES _ CALL TO ORDER J-, ~ Mayor Nicky Wolf called the adjourned meeting of the Town Council of the Town of Tiburon to order at 10:02 a.m., Saturday, January 6, 1996, in Council Chambers, 1101 Tiburon Boulevard, Tiburon, California. A. ROLL CALL: PRESENT: COUNCILMEMBERS: Hennessy, Wolf, Thompson, Thayer, Ginalski (10:03 a.m.) Town Manager Kleinert, Town Clerk Crane EX-OFFICIO: B. PUBLIC QUESTIONS AND COMMENTS: Maggie McDonogh, Angel Island Ferry, asked the Town Council to give the Building Department permission to grant a permit immediately for the repair of their dock which was damaged in the December storm. She said any delay would threaten their livelihood and that a pile driver was already working at the Corinthian Yacht Club next door. Town Manager Kleinert said Council needed a 4/5 vote to add an "emergency" item to the agenda. He said the McDonoghs wanted to start work on Monday but their application had only been received on Friday and Town staff had not had time to properly review it. He said he was considering granting them permission only if they indemnified the Town against any potential [ADA] litigation and proceeded at their own risk. Councilmember Thayer questioned why the matter was on the agenda. Mayor Wolf said she was uneasy about proceeding considering the legalities involved. Town Manager Kleinert said there had not been enough time for the Town to determine the extent of the repairs to the McDonogh's dock. If the project constituted reconstruction, Kleinert said the plans must be submitted and conform to the Uniform Building Code, and be in compliance with other affected agencies such as BCDC, Army Corps of Engineers, as well as be in compliance with ADA and the California Accessibility Statute. Ms. McDonogh said the plans were for repair, not reconstruction, and that they had already received verbal "okays" from BCDC, the Army Corps, etc. She said the storm damage was not covered by their insurance and their request constituted an emergency. Councilmember Thompson said he empathized but was not willing to override Staff's decision. Mayor Wolf said she was sympathetic but they [the McDonoghs] had to follow the process just TOWN COUNCIL MlNUms #1075 January 6, 199~ ..._u --- .. '"" h like everyone else. She said the Council could not "wink an eye" and grant a permit that was potentially illegal. She urged Town Manager Kleinert to get concurrence on the ADA issue with legal counsel. Council agreed not to add the item and directed Staff to proceed. Councilmember Ginalski commented on the Safeway closure set for January 31. Mayor Wolf said the Safeway officials indicated a willingness to allow another market on the site, but no commitments had been made. Could agreed to wait until Safeway and Main Street Properties had a chance to work something out before they made any suggestions. ~ UNFINISHED BUSINESS: 1. Streets Improvement Program - Finalize Ballot Argument. Council reviewed and amended the argument as follows: BALLOT ARGUMENT IN FAVOR OF MEASURE C The Town ofTiburon is asking you to tax yourselves for a limited time period - five years only- with every penny dedicated to necessary street repairs. THE PROBLEM. In March, 1994, IMS (Infrastructure Management Services) conducted a survey of Tiburon's streets, providing the town with a complete picture of their condition. IMS determined that 18% of our pavement area was in need of reconstruction and that an additional 40% would require reconstruction if not overlaid within the next five years. HOW DID THIS OCCUR? A majority ofTiburon's streets were built prior to incorporation when standards in terms of underlying base and drainage were less stringent. Available funds have been insufficient for the major repairs required to bring our streets up to acceptable standards. THE SOLUTION. Our town engineer has determined that with this supplemental tax, we can get caught up on the worst 55% of town streets. Once caught up, all streets can be maintained on a timely basis to avoid future build-ups of deferred work. Without the tax, the streets will continue to deteriorate. FISCAL RESPONSffiILITY. This proposal is fiscally responsible. Each year of delay increases the cost. When a street is not overlaid in a timely fashion, the cost of repair increases threefold. Everyone dislikes taxes, but the real choice is pay now or pay more later. WHO BENEFITS? Everyone, This is an investment in our community. Obtaining a funding source for deferred work on 55% ofTiburon's streets frees up gas tax revenues for regular maintenance on the remaining 45%. MOTION: Moved: Ayes: To Adopt Ballot Argument as stated above Hennessy, Seconded by Thayer Unanimous TOWN COUNCIL MINUTES #1075 January 6, 199~ 2 ,/ --- . ~ ~ \ ." D. ADJOURNMENT: There being no further business before the Town Council of the Town of Tiburon, Mayor Wolf adjourned the meeting at 10:45 a.m., sine die. ~(~ !v4- NICKY WOLF,~ YOR AITF$TYfIL _ DIANE L. CRANE, TOWN CLERK TOWN COUNCIL MINUTES #1075 Janulll)' 6, 1996 3