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HomeMy WebLinkAboutTC Min 2003-03-19 TOWN COUNCIL MINUTES CALL TO ORDER Mayor Slavitz called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, March 19,2003, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: Berger, Fredericks, Gram, Slavitz Thompson PRESENT: EX OFFICIO: Town Manager McIntyre, Town Attorney Danforth, Director of Community Development Anderson, Director of Public W orks/T own Engineer Echols, Chief of Police Odetto, Director of Administrative Services McVeigh, Town Clerk Crane Iacopi CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956.9(a)) Howard Zack, Diane Zack v. MERA and Town ofTiburon MERA v. Town ofTiburon and Dean Bloomquist Citizens for Open Process in Antenna Siting (COPAS) v. MERA and Town ofTiburon PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Section 54957) Title: Town Manager ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION.. IF ANY Mayor Slavitz said that no action was taken in closed session. ORAL COMMUNICATIONS Alan Lefkof, 131 Sugarloaf, new president of the Marinero Homeowner's Association, thanked Mayor Slavitz for his advocacy in his public comments regarding MERA. He encouraged the Council to continue to demand engineering solutions to the siting issue in Southern Marin and to convince MERA not to appeal. Lefkof also suggested that a task Town Council Minutes # 05 -2003 March 19, 2003 Page J force ofMt. Tiburon and Marinero homeowners could be formed to study possible locations for a new MERA facility in Southern Marin. CONSENT CALENDAR 1. Approval of Town Council Minutes - March 5, 2003 Councilmember Berger and Vice Mayor Fredericks made changes to the minutes. 2. Recommendation by Director of Administrative Services - Accept Town Investment Summary for February 2003 3. Recommendation by Town Manager - Authorize Town Manager to Approve a Request by the Marin Housing Authority to Refinance Bradley House Note (Resolution) 4. Recommendation by Town Clerk - Appointments to Town Boards, Commissions and Committees - continued from March 5, 2003 . HERITAGE & ARTS COMMISSION MOTION: Moved: Vote: To adopt Consent Calendar Item Nos. 1 through 4, as amended. Gram, seconded by Fredericks AYES: Unanimous ABSENT: Thompson REGULAR AGENDA 5. Presentation and Request by Angel Island Park Superintendent - Proposed Restoration of the Immigration Station a) A Resolution of the Town Council of the Town of Tiburon Endorsing the Angel Island Immigration Station Area Restoration Project Located on Angel Island State Park Angel Island Superintendent Nick Franco made a brief presentation in support of the project. He said that the Park had formed a coalition with the Golden Gate National Recreation Area and a private foundation in San Francisco which had resulted in the immigration station being named an historic landmark. In addition, Franco said, it had been named one of the 11 landmarks most in need of restoration in the country. He said that funds had been obtained in the amount of$50 million to date, but that an endorsement from the Council and other groups would allow them to move forward to seek additional funding in order to complete the project. Town Council Minutes # 05 -2003 March 19, 2003 Page 2 Council concurred that this was a project of great historical significance to the entire Bay Area. MOTION: Moved: Vote: To adopt above resolution of endorsement. Fredericks, seconded by Berger AYES: Unanimous ABSENT: Thompson 6. Presentation by Mill Valley Refuse Service - Proposed Changes to Curbside Recycling Program General Manager Jim Iavarone said that the franchise was moving toward "single stream" recycling and he showed the Council a prototype of a 64-gallon blue can on wheels that would allow residents to place all their recycling in one container (except for green waste). He said that this new container might even allow the franchise to move to a biweekly instead of weekly pick- up (of recycled materials) which could result in potential savings to all parties. Councilmember Berger and Vice Mayor Fredericks said that they had received unfavorable comments from residents concerning the size, storage, maneuverability, and color of the cans. Mr. Iavarone said that smaller, 32-gallon cans were also available but stated that it would be the preference of Mill Valley Refuse to deliver one standard [64 gallon] can to residents and allow for exceptions after the fact. He did not think it would be possible to change the color, however, as the drivers needed to be able to recognize the kind of cans they were picking up. In response to a question from the Vice Mayor, Mr. Iavarone said that residents could continue to have their recycling picked up in their current containers if they preferred. Councilmember Gram said that it was impossible for people with steep driveways to use the cans. Councilmember Berger said that he had no space for such a large container. Mayor Slavitz asked if the regular trash containers could come with wheels too. Mr. Iavrarone said they could not due to the very problem identified by Councilmember Gram. He said that the customers continued to want "back yard" service for trash, and the current cans could be carried on the backs of the garbage workers. During public comment, Ark reporter Deirdre McCrohan asked if a billing increase was anticipated for this new container, similar to the one instituted upon introduction of the "green can. " Mr. Iavarone answered affirmatively, stating that there were capital outlays involved, including the conversion of trucks to single bin recycling. He reiterated the efficiencies that would be gained in the long run. Town Council Minutes # 05 -2003 March 19, 2003 Page 3 Town Manager McIntyre said that the Southern Marin city managers whose cities contract with Mill Valley Refuse Service had met to discuss refuse and recycling rates but that it was premature to talk about what those rates might be. He anticipated that a new rate application would be in hand by April 1 st. He also stated that the Town had retained a consultant to study the recommendations, per the franchise agreement. Ms. McCrohan again asked if there was a cost specifically associated with bringing the new containers on line. Mr. Iavarone said that the cans alone would cost the ratepayers an additional .3 3 per month. 7. Recommendation by Town Manager - Request from MERA for Partial Activation of System T own Manager McIntyre brought the Council up to date on the request by MERA for partial activation of the system in Northern Marin. He said that he had held a meeting earlier in the week with five city managers and two fire chiefs from Southern Marin whose districts would not be included in the partial activation. He said that initially they were concerned about the cost of studying alternate locations in Southern Marin but that their concern had shifted to the costs associated with moving forward with a partial activation of the MERA system. Mr. McIntyre said that only four agencies, including the cities of San Rafael and Novato, would be included in the partially activated system and that 22 agencies would not be able to participate. He referred to a "late mail" memo from MERA Executive Director Marty Nichols recommending "that there be no change in the sharing formula for MERA operating costs under a temporary operation of the system without the Mt. Tiburon site, where some agencies are able to receive service and others remain without." Councilmember Gram asked for clarification of the meaning of Item No.3 of Mr. Nichols' memo, that "the added capital costs in locating a south county site will be shared among all members according to the current formula." Town Manager McIntyre said that he would seek clarification at the March 20 MERA Board meeting. He also said that the Marin managers wanted to know whether March 20 represented a "drop dead" date in which to decide to vote for partial activation. Vice Mayor Fredericks framed the questions for Council as follows: 1. What assurances does the Town have moving forward [that the Southern portion of the system will be completed] if the system is partially activated? 2. Who will pay for it? 3. And what is being paid for under the MERA Operating Agreement? Ms. Fredericks recommended asking for more time to clarify these issues and if the Board denied the request, for Town MERA representative McIntyre to vote against partial activation. Town Council Minutes # 05 -2003 March 19, 2003 Page 4 Town Manager McIntyre also provided the Council with maps showing coverage areas under the scenario of partial activation. He pointed out the "holes" in Southern Marin which had always been there, but he also said that a reduction in coverage (to 90%) was now being discussed. Furthermore, McIntyre said that the current proposal showed Southern Marin as a "spur site" rather than an essential part of the system as previously contended by MERA. Councilmember Berger asked whether the Town could stop payment on the bonds, for instance, if that were its only recourse to achieve its goals. Mr. McIntyre replied that it might be possible but he said he doubted that it would get to that point. Mayor Slavitz said that the $60,000 per year currently paid by the Town to MERA was split between the bond and operating costs of the system. Town Manager McIntyre affirmed this statement. Town Manager McIntyre said that there were three issues for the Council to consider with regard to partial activation of the system: 1. The recommended downgrade of the system from 97 to 90% coverage; 2. Whether to approve the request for partial activation; 3. Whether to impose conditions on partial activation. Councilmember Gram recommended asking for more time to clarify the issues or voting against partial activation. Town Manager McIntyre said that would be his recommendation, as well. Mayor Slavitz opened the matter to the public. Allan Lefkof advised the Council to approach the situation in a business-like manner and to "drop the emotion" and "view of history" in dealing with MERA in order to move forward. He suggested that that the Town wholeheartedly support the North County activation to see if it worked well and then force MERA to complete the Southern Marin system. He said that the only condition he would place on the deal would be to ask MERA to stop the appeal process and on spending any more money on legal strategies. Brian Lantier, concurred with Mr. Lefkofs last suggestion but reminded the Council that MERA had been willing to go so far as to invoke a penalty clause in the contract [upon itself] in order to force the Town to accept one of the Tiburon sites. He said that the Town should continue to hold all of its cards and not give away anything. He recommended a "no" vote until more information was obtained. Mayor Slavitz closed the public hearing. The Mayor recommended that the Town Manager clarify the cost of partially activating the system and future cost allocations. Town Council Minutes # 05 -2003 March 19, 2003 Page 5 Vice Mayor Fredericks also asked that the proponents state the benefits of reduced coverage. T own Manager McIntyre said that the idea was to get more agencies connected to the system more quickly. Vice Mayor Fredericks asked whether this (reduced) coverage was a long-term solution. McIntyre said that it was not, as the contract required Motorola to provide 97% coverage. The Vice Mayor recommended an extension of time or a "no" vote to get it. Councilmember Berger said that he would hate to have the agencies settle for 90% coverage. He also said that he would want Tiburon to show maximum good faith in not holding up other communities in moving forward with a partial activation. Councilmember Gram reiterated his previous recommendation. Mayor Slavitz said that it was important to show good faith while not forgetting past history. He said he would encourage partial activation if some sort of conditional approval could be obtained. Town Manager McIntyre said he would take the Council's comments to the Board and ask for an extension of time. He then recommended that Council move to hear Item No. 10, which they did. 8. Recommendation by Town Manager - Reaffirm Joint Oversight JP A Committee Program Mayor Slavitz stated that the item had been removed from the agenda. 9. Recommendation by Town Manager - Review of Revenue Enhancement Proposals for Incorporation into the 2003-2004 Annual Budget Town Manager McIntyre said that 15 ideas for possible revenue enhancement had been brought forward for further discussion from the Town Council/Staff retreat. The importance of exploring these ideas, according to McIntyre, was to head off the inevitable adverse effects of the State budget crisis. McIntyre said that although the Town's projected revenue to date was $200,000 over budget, this represented a dramatic reduction in revenues over the past two years. He also stated that while the current fiscal year was still a "good year," he predicted that next year would be harder. The Town Manager told Council that the "good news" was that Tiburon would continue to have strong property values and resulting property taxes. What could hurt the Town would be further State "take-aways" from this important revenue source, according to the Town Manager. Town Council Minutes # 05 -2003 March 19, 2003 Page 6 Mr. McIntyre acknowledged that some of the revenue enhancement ideas discussed in the Staff report might be politically sensitive. However, he asked Council to direct Staff which ones to study further. Vice Mayor Fredericks said that without a better picture of current expenditures, it would be difficult to go to the voters to ask for additional fees or taxes. She also said that further information would be required to give Staff direction on long-term ideas such as economic development, annexation, and the purchase of downtown parking lots. Fredericks commented that annexation did not seem to be revenue enhancing on its face, but she advised Staff not to give up the opportunity to work with the County to plan for the future of the Paradise Drive area. Mayor Slavitz said that it was an excellent report. The items discussed, and resulting Council direction (yes/no) were as follows: . Revenue audits - yes. . Acquisition of parking lots - no. . Administrative overhead charges to assessment districts - yes. . Increase Special Event Permits fees - yes. . Annexation - yes, with focus on Paradise Drive; no to Eagle Rock and Greenwood Cove. . Consolidation of police services - yes. . Increase parking fines - yes. . Implement a security appraisal fee - no. . Implement an economic development program - no, just look at zoning issues downtown. . Enact a drainage impact fee - yes. . Implement a stormwater pollution prevention program fee - yes, but not on November ballot. . Increase Business License tax - no. . Increase Transient Occupancy Tax - yes, but gather information from other cities such as Emeryville first. . Increase Real Estate Transfer Tax - no. . Charge Joint Recreation Committee for space - no, but perhaps adjust revenue split with City of Belvedere. PUBLIC HEARING 10. Recommendation by Director of Community Development and Town Attorney - Rescind Emergency Ordinance and Resolution Pertaining to 145 Sugarloaf Drive Introduction and First Reading of Ordinance (Read by Title Only) Town Council Minutes # 05 -2003 March 19, 2003 Page 7 a) An Ordinance of the Town Council of the Town of Tiburon Repealing Ordinance No. 469 N.S. that Established Streamlined Permit Review Procedures for a Wireless Communication Facility Located at 145 Sugarloaf Drive (Assessor Parcel No. 058-351-31) Director of Community Development Anderson said the ordinance and resolution pertaining to 145 Sugarloafhad to be rescinded by court order. He recommended holding first reading of the ordinance and adoption of the resolution. Mayor Slavitz opened and closed the public hearing. There was no public comment. MOTION: Moved: Vote: To read ordinance by title only. Gram, seconded by Fredericks. AYES: Unanimous ABSENT: Thompson Mayor Slavitz read, "An Ordinance of the Town Council of the Town of Tiburon repealing Ordinance No. 469 N.S. that established streamlined permit review procedures for a wireless communication facility located at 145 SugarloafDrive (Assessor Parcel No. 058-351-31)." MOTION: Moved: Vote: MOTION: Moved: Vote: To pass first reading of Ordinance. Berger, seconded by Fredericks A YES: Berger, Fredericks, Gram, Slavitz NOES: None ABSENT: Thompson b) A Resolution of the Town Council of the Town of Tiburon Rescinding Resolution No. 51-2002 that Approved the Southern Marin Emergency Radio Authority at 145 Sugarloaf Drive (Assessor Parcel No. 058-351-31) To adopt above resolution. Fredericks, seconded by Gram AYES: Unanimous NOES: None ABSENT: Thompson COUNCIL COMMITTEE AND COMMISSION REPORTS None. Town Council Minutes # 05 -2003 March 19, 2003 Page 8 WRITTEN COMMUNICATIONS Town Council Weekly Digest - March 7,2003 Town Council Weekly Digest - March 14,2003 Homeowner's Summit agenda (March 29) approved. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Gram adjourned the meeting at 9:20 p.m., sine die. JEFF 1 /'" ATTESt: / lit } // t,1.,'/ { ?( &);1/1 i u""" ,_ DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes # 05 -2003 March 19, 2003 Page 9