TOWN COUNCIL

CALL TO ORDER

Mayor Gram called the regular meeting of the Tiburon Town Council to order at 7:40 p.m.

on Wednesday, August 21, 2002, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California.

ROLL CALL

PRESENT: COUNCILMEMBERS: Berger, Fredericks, Gram, Slavitz, Thompson

PRESENT: EX OFFICIO: Town Manager McIntyre, Town Attorney Danforth, Director of Community Development Anderson, Director of Public Works/Town Engineer Echols, Chief of Police Odetto, Director of Administrative Services McVeigh, Administrative & Financial Analyst Stott, Town Clerk Crane Iacopi

CLOSED SESSION

CONFERENCE WITH LEGAL COUNSEL – EXISITNG LITIGATION

(Section 54956.9(a))

Tiburon Residents (TRAUMAS) v. Town of Tiburon and MERA

Xanadu v. Town of Tiburon

Mayor Gram said the Council discussed the two matters but not action was taken.

ORAL COMMUNICATIONS

Bob Dougherty, 108 Sugarloaf Drive, suggested that wording be added to the resolution adopted by Council on August 8 to indicate that the "temporary" siting of the MERA antenna on Sugarloaf should be temporary regardless of the location, and should apply to any residential site.

He said that he had been in contact with Mr. Rosenberg, Gov. Davis’ aide in charge of Community and Government Affairs, to set up a meeting to continue to pressure the State into opening up Angel Island as a potential [MERA] site. He asked for Council’s cooperation in this matter.

Councilmember Thompson replied that he too had a message from Mr. Rosenberg and that he would call him the following day.

Brian Lantier, 141 Sugarloaf Drive, said that because of the litigation, the Mayor had made it clear that Town Staff could not talk to members of TRAUMAS except through Counsel. He said that some of the residents on Sugarloaf were not in TRAUMAS and asked that some form of communication be established between non-interested parties in order to continue to discuss the design characteristics of the proposed antenna at the Sugarloaf site.

Lantier said that MMWD would have no objection to placing a dish on another parcel it owned across the street which would mean that the radio frequencies would go over or past the Zimmerman House. He said he was looking for someone who could have productive input and would be well received by Staff.

Lynn Fox, 128 Sugarloaf Drive, requested that the Town continue to look at health issues and information from around the world on this subject. She said she wondered whether the residents of the County might be "setting ourselves up for problems" with the installation of the MERA system.

Ms. Fox said that "we want to find another site, not in a residential community …or near a school." She asked the Council to work with their group to help protect health and safety, the Tiburon ridgeline, and the property values of the neighborhood.

1) Recommendation by Director of Administrative Services – Accept Town Monthly Investment Summary for July, 2002

2) Recommendation by Senior Planner – Adopt Resolution of Town Council decision to Deny Appeal of Design Review Board approval of a parking deck at 1859-1865 Mar West Street

a) A Resolution of the Town Council of the Town of Tiburon

Denying an Appeal by Gary and Linda Lisk of the Approval of

A Site Plan and Architectural Review and a Variance for

Property located at 1859 & 3865 Mar West Street

3) Recommendation by Director of Community Development – Authorize Future Annexation Agreements in the Vicinity of Teaberry Lane and Paradise Drive

a) 4 Teaberry Lane (Nelson) – AP No. 58-081-06

b) 7 Teaberry lane (Barton) – AP No. 58-091-12

c) 8 Teaberry Lane (Goldstein) – AP No. 58-081-05

d) 17 Teaberry Lane (Radu) – AP 58-091-05

e) 3330 Paradise Drive (Ivey) – AP No. 58-051-16

4) Recommendation by Town Attorney – Amicus Brief Requests

a) Richmond v. Shasta Community Services District

b) Topsail Court Homeowners Association v. Soquel Creek Water District, et al.

c) Border Business Park, Inc. v. City of San Diego

d) Eastburn v. Regional Fire Protection Authority

e) Chavez v. Martinez

5) Recommendation by Town Attorney – Authorize Responses to Marin County Grand Jury

a) Presale Inspections in Marin County – (May 30, 2002 Grand Jury Report)

b) Emergency Management and Operations – (June 19, 2002 Grand Jury Report)

6) Recommendation by Director of Public Works/Town Engineer – Purchase of Public Works Department Sweeper for Downtown Area

a) Authorize Budget Amendment

Council removed Item No. 6 from the Consent Calendar.

MOTION: To approve Consent Calendar Items 1 through 5, above.

Moved: Slavitz, seconded by Thompson

Vote: AYES: Unanimous

ABSTAIN: Slavitz (Item No. 2)

 

PUBLIC HEARING

7) Appeal of Design Review Board Decision – Approval of a new single-family dwelling located at 3 Palmer Court – (Hearing continued to September 4, 2002)

Assessor’s Parcel Nos. 55-201-01

Applicants – Thomas & Olivia Kress

Appellants – Art & Florence Kenney

As stated on the agenda, the hearing was continued.

Item No. 6 – Recommendation by Director of Public Works/Town Engineer – Purchase of Public Works Department Sweeper for Downtown Area.

Director of Public Works/Town Engineer Echols gave the Staff report.

Mayor Gram said he needed more information about the need for a ridden versus walk-behind sweeper, which he understood would only be used for cleaning the bricks in the downtown area and in the new plaza.

Director Echols said that the Superintendent of Public Works had met with a representative of the sweeper company in response to complaints about the increasing grease and grime in the downtown area. Currently, the Town rented power washers to deal with this problem, according to Echols.

Echols described the ridden sweeper as having much greater "down" pressure and a brush that worked in a circular motion versus the smaller surface and cylindrical brush of the walk-behind model. He said the ridden sweeper was heavier and covered a larger area when it was running, and was also was more effective in picking up and removal of grime than the other model.

In addition, Echols said that the new Level II Storm Water regulations would preclude the use of pressure washers without special precautionary measures (stopping the drain, cleaning, and pumping out afterwards).

In response to a question from Mayor Gram, Director Echols said the Town would still have to employ pressure washing equipment if it bought the smaller, walk-behind sweeper.

Councilmember Berger asked about noise levels. Director Echols said that sweeper (which had a propane driven engine) would be quieter than pressure washing equipment (which utilized a gas-powered generator).

Berger asked if it could be purchased without the "add-ons" such as a cage, fire extinguisher, etc. Echols said that it should be purchased with an orange safety light.

Mayor Gram asked whether Town Staff had demonstrated both models. Director Echols said the ridden model had been recommended. He said it was 53" wide as opposed to 28" wide and therefore would cover a larger area.

Director Echols said that the company recommended its ridden model for high pedestrian traffic volume areas, such as the plaza in front of Pac Bell Park and Jack London Square. He said the traffic in downtown and in the new ferry plaza was high volume, as well.

Councilmember Berger asked if it could be used to wash the sidewalks in the Shoreline Park area. Mr. Echols affirmed this, and further stated that he estimated that the sweeper would be used several times a week in the downtown area, multi-use path, and ferry plaza.

Councilmember Thompson suggested that the cost of purchasing such equipment could be shared with other public or agencies, such as the City of Mill Valley, or Pt. Tiburon Plaza. He recommended that these agencies be contacted to determine interest.

Councilmember Berger also suggested contacting the Reed Union School District.

Director Echols said this kind of sharing situation was not unprecedented, and could be an outright sharing of the purchase price or through cost recovery.

Councilmember Fredericks asked whether it would be feasible or an efficient use of Staff time to transport the equipment from place to place. However, she recommended purchase of the sweeper pending further research of the other issues.

MOTION: To approve the purchase of the sweeper as recommended, authorize the budget amendment, and explore the sharing or renting out of the equipment with other agencies.

Moved: Fredericks, seconded by Slavitz

Vote: AYES: Unanimous

 

COUNCIL, COMMISSION AND COMMITTEE REPORTS

Councilmember Thompson said that the County’s jet ski ordinance had been upheld by the Appeals Court and that they were now banned in County waters. As the Council’s representative to the Richardson Bay Regional Agency, he recommended that the matter come before the Council (and other Marin towns and cities) for further consideration and in the interest in County-wide consistency.

Mayor Gram asked that the Staff report include previous reports and discussions by Council.

Councilmember Fredericks asked if Mill Valley was holding a hearing about the proposed sound wall installation at Highway 101 and East Blithedale. She said she noticed on the future agenda items that the Town was going to issue a proclamation against the installation of the wall, and suggested that the Council might want to hear a presentation before proclaiming anything.

Director of Public Works/Town Engineer Echols said he had attended a meeting at the County where a discussion of the issue had taken place. Echols said that CAL/TRANS had already done a sound wall study in the area (before the second exist lane was proposed) and did not think it was warranted. Furthermore, he said that a second sound wall, on the east side of 101, might also be recommended.

Echols said that the Federal agency which would be responsible for some of the the funding for the improvements to the highway recognized (and only allowed) sound walls as the only the only sound mitigation measure. He said that CAL/TRANS might use such a proclamation to test this ruling if it was known that the community did not want the wall for aesthetics reasons.

Town Council Weekly Digest – August 9, 2002

Town Council Weekly Digest – August 16, 2002

 

There being no further business before the Town Council of the Town of Tiburon, Mayor Gram adjourned the meeting at 8:15 p.m., sine die.

s// 

_________________________________ TOM GRAM, MAYOR

 

ATTEST:

DIANE CRANE IACOPI, TOWN CLERK