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HomeMy WebLinkAboutTC Min 2003-03-05 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 5, 2003, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Berger, Fredericks, Gram, Slavitz, Thompson PRESENT: EX OFFICIO: T own 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 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 Citizensfor Open Process in Antenna Siting (COPAS) v. MERA and Town ofTiburon PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Section 54957) Title: Town Manager INTERVIEWS . Richard Deringer, 1741 Mar West Street . Emmett O'Donnell, 135 A venida Miraflores . John Kunzweiler, 16 Norman Way ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION. IF ANY Mayor Slavitz said that no action was taken in closed session. Town Council Minutes # 04-2003 March 5, 2003 Page J ORAL COMMUNICATIONS . Ron Miska, Assistant Director of the Marin County Open Space District, spoke about the upcoming process for review of Open Space Policies. . Local resident Todd Werby spoke in support of the Miska statement and encouraged local participation in process. . Resident Henry Broderick gave Council a brief report on the proposed Del Mar Valley Undergrounding Project. INTRODUCTION OF NEW TOWN EMPLOYEE . Community Service Officer Caitlin Collins Chief of Police Odetto welcomed Ms. Collins to the Tiburon "family" and assisted her mother in pinning on the badge. CONSENT CALENDAR 1. Approval of Town Council Minutes - February 5, 2003 2. Recommendation by Director of Administrative Services - Accept Town Investment Summary for January 2003 3. Recommendation by Public Works Director - Accept Notice of Completion of Ferry Plaza Project 4. Recommendation by Public Works Director - Adopt Resolution Authorizing Notice of Intent to Comply with California Stormwater General Permit Resolution of the Town of Tiburon Authorizing the Town Manager to Prepare and sign Application Documents Signifying an Intent to Comply with a General Permit for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems 5. Recommendation by Public Works Director - Authorize Harris & Associates to Perform GASB 34 Infrastructure Inventory and Assessment Valuation 6. Recommendation by Director of Community Development - Adoption of Planning Commission Resolution of Intention to Initiate Zoning Ordinance Amendments (R-2 zone) 7. Recommendation by Director of Administrative Services - Budget Amendment for Purchase of Accounting System Server Town Council Minutes # 04-2003 March 5,2003 Page 2 Councilmember Berger requested clarification of a statement he made concerning the process of the Skatepark Task Force in the February 5, 2003 minutes (Item No.1) With regard to the Ferry Plaza (Item No.3), Berger suggested a conditional acceptance of the Notice of Completion, pending further work by the contractor. He pointed out the need for shielding of the lights along the bike rail, and the fact that the pain was peeling on the directional signs for the ferry. Director of Public Works said that he was working on these issues with the contractor, but noted that the lights specified in the contract were not shielded. He also informed Council that there was a one year performance bond which covered work on the project. MOTION: Moved: Vote: To adopt Consent Calendar Item Nos. 1 through 7, as amended above. Fredericks, seconded by Gram AYES: Unanimous APPOINTMENTS TO BOARDS. COMMISSIONS AND COMMITTEES 8. Recommendation by Town Clerk - Appoint Various Members to Boards, Commissions and Committees . DESIGN REVIEW BOARD . PLANNING COMMISSION . PARKS & OPEN SPACE COMMISSION . JT. RECREATION COMMITTEE Town Clerk Crane Iacopi said that in addition to the applicants interviewed by the Council for terms expiring on February 28,2003, letters had been received from all the incumbents on the above commissions, requesting reappointment. She said that the Heritage & Arts Commission had been inadvertently omitted from the agenda so that appointments to the Commission would have to be continued to March 19. Councilmember Berger expressed his support of reappointment of all the incumbents. In particular, he said that having appeared before the Design Review Board in the past as an architect, he appreciated the "yeoman's service" of both Boardmember Beales and McLaughlin, who he said, "put applicants to the test." Vice Mayor Fredericks noted the opportunity before the Council to appoint a representative on the Board from the Paradise Drive area. Councilmember Thompson agreed with both Berger and Fredericks. Town Council Minutes # 04-2003 March 5,2003 Page 3 MOTION: Moved: Vote: MOTION: Moved: Vote: MOTION: Moved: Vote: MOTION: Moved: Vote: To reappoint incumbent Wayne Snow to the Planning Commission Fredericks, seconded by Thompson AYES: Unanimous To reappoint incumbent Kirk Beales and to appoint John Kunzweiler to the Design Review Board Fredericks, seconded by Gram AYES: Fredericks, Gram, Slavitz, Thompson NOES: Berger To reappointment incumbent Mindy Canter to the Parks & Open Space Commission Fredericks, seconded by Thompson AYES: Unanimous To reappointment incumbents Jerry Riessen and Priscilla Tripp to the Jt. Recreation Committee Gram, seconded by Thompson AYES: Unanimous REGULAR AGENDA 9. Recommendation by Director of Community Development - Downtown Design Guidelines - Furniture Supplement Director of Community Development Anderson said the furniture supplement was "suggestive and advisory" and was to be used as "a starting point" for both applicants and Staff. Mr. Anderson said that the data had been reviewed by the Guidelines Steering Committee, as well as the Planning Commission and Design Review Board, although he pointed out that Staff had disagreed with some of the Board's suggestion for changes to the final version. Councilmember Berger said that the handbook was "a little light" on the basis for its suggestions, and said that more narrative would be useful and give Staff and applicants more of a basis for its evaluation of applications. He also commented that most of the recommended designs were "crisp and contemporary" in nature rather than traditional. Councilmember Gram asked who had drafted the furniture supplement; Director Anderson replied that it was the same consultant team who had put together the Downtown Design Guidelines. Gram commented that he thought a lot of the designs were "inappropriate for our downtown. " Councilmember Berger further commented that the existing, unshielded street lights on Tiburon Boulevard in downtown were "unbelievably inappropriate." Town Council Minutes # 04-2003 March 5, 2003 Page 4 Councilmember Thompson said that he noticed a "lot of problems" with some of the suggested designs, such as the lighted bollards. He also said that he would prefer more traditional "Smith & Hawkins" type benches for downtown. Vice Mayor Fredericks concurred that the proposed bollard lights do in fact "throw glare" and should not be included as a prototype in the Guidelines. She also said that the bike racks that were specified did not allow the use of certain types of locks which should explored further. Mayor Slavitz asked Director Anderson whether the guidelines were advisory only. Mr. Anderson concurred. Councilmember Thompson said that Boardmember McLaughlin had suggested adding more "verbal concept" to the handbook, to promote ideas and Town policies like those of fitting in with neighborhood characteristic. Director Anderson said that language could be lifted from the Downtown Design Guidelines and added to the Furniture Supplement. Mayor Slavitz concurred that it would be helpful to have more than just a pictorial catalog. MOTION: To incorporate Council comments into the Downtown Furniture Supplement and bring a revised version back for Council approval. Berger, seconded by Fredericks AYES: Unanimous Moved: Vote: 10. Report by Town Manager - State Budget Update T own Manager McIntyre said that it was important to keep in mind that the State was still "fixing the current year's budget," so that the impact on the Town for the current fiscal year remained positive. However, he said that the Town was "dodging the bullet for the moment." Mr. McIntyre said that the Town's revenue estimates were "on track" to date but that the data for expenditures to date was not yet available. He said that Staff would "kick off' the annual budget process for the upcoming fiscal year the following week and would bring a balanced budget to Council for adoption in June. The Town Manager also said that Staff would bring some of the revenue enhancement ideas discussed in the Town Council/Staff retreat to the next Council meeting for review. McIntyre said that he would keep the Council apprised of the status of the State budget talks. He said that the League of California Cities did not anticipate an adopted State budget until the end of the calendar year. Town Council Minutes # 04-2003 March 5, 2003 Page 5 COUNCIL COMMITTEE AND COMMISSION REPORTS 11. Report by Councilmember Berger - Skatepark Task Force Timeline and Process Councilmember Berger reported on the progress of the Skatepark Task Force. He said that determining the need for a skate park was the toughest aspect of the process undertaken by the Task Force. He acknowledged that, in the end, the decision of whether or not a skatepark would be built in Tiburon was a political one which would be made by the Town Council. Berger asked whether the Council wanted the Task Force to bring a "needs assessment" to the Council for review and, in so doing, Berger said that the assumption was that a suitable location would be found, with the only "cost" to the Town being the permission to use the land. Vice Mayor Fredericks asked whether the experts preparing the study were being paid by the Town. Councilmember Berger said that they had been retained by the Committee for a Skatepark in Tiburon, a separate group from the task force. Councilmember Gram asked whether the size and type of equipment and liability issues were being assessed in the study. Councilmember Berger said that information would be assessed "later down the road" after it was determined if there was an actual need for a skatepark. In other words, Berger said, if the Council determined that there was not a need for such a park, or that competing interests precluded it, there would be no need to tackle the liability or other issues. Councilmember Berger estimated that the needs assessment would be ready for review by the Council in two months' time. In the meantime, he said that the Skatepark Task Force would continue to hold public hearings to discuss the issue. Mayor Slavitz said that he was concerned that the study would look at the need for a skatepark "in a vacuum," without taking into consider other needs for outdoor recreational activities. He suggested that study focus on projected "usage" rather than "need". That way the Council could look at projected numbers and determine whether there was a need for the park. Vice Mayor Fredericks completed Councilmember Berger on his job in organizing the process and information received by the Skatepark Task Force to date. However, she said that in her experience as Council representative to the Downtown Art Project Steering Committee, she had noted that sometimes "the process gets away from you." Councilmember Berger reiterated that the Task Force was merely a forum for discussion of the issue and determination of need. He said that people were "more savvy" now than at the inception of the process. Councilmember Gram congratulated Berger on the great job he was doing on the Task Force. Town Council Minutes # 04-2003 March 5, 2003 Page 6 Councilmember Thompson said he was anxious to hear the item at the Council level in order and would continue to voice his opposition to the concept of a skatepark in Tiburon. During public comment, John Kern, Stewart Drive, said that people in his neighborhood association had suggested that the Town form a "recreation needs committee," rather than a committee to study just one aspect of recreation. Mayor Slavitz said that the Council would review the "usage analysis" when it had been prepared by the Skatepark Task Force. 12. Report by Town Manager - MERA Update . Request by MERA for Activation of the North County Portion of the MERA System Town Manager McIntyre said that the MERA Board had now determined that the system could be engineered in order to activate a portion of the system. He said that this "northern loop" would include the cities of San Rafael and Novato, and portions of Ross Valley, but not the cities of Corte Madera or Larkspur, or the County of Marin. McIntyre said that the Board had proposed asking for comment on the proposed activation from the elected officials in Southern Marin (six cities and two fire protection districts) prior to taking action. McIntyre also said it was ironic that at one time MERA had said the system could not be activated without the Southern Marin component. Vice Mayor Fredericks said that there a potential loss of incentive and responsibility toward the cities of Southern Marin if the members in the northern loop had a system that was up and running. T own Manager McIntyre agreed, and said that there was also a question of whether MERA could force the northern cities to contribute additional funds to finding a solution to the siting problems in Southern Marin. He informed the Council that the MERA Board would take action at its March 20 meeting. Council directed the Town Manager to reconnoiter with other officials in Southern Marin and try to build support for a delay until the entire system could be activated. Vice Mayor Fredericks said that it was important to state that the Town and other cities in Southern Marin should "get what they paid for" [the complete system]. Mayor Slavitz said that the Southern Marin portion, once called "the backbone" of the system by MERA representatives, was now treated as a "spur." However, he concluded that "we speak stronger if we speak together." Town Council Minutes # 04-2003 March 5, 2003 Page 7 ******* On another matter, Vice Mayor Fredericks reported that CMA was moving forward with November parcel tax measure with emphasis on local transportation projects. WRITTEN COMMUNICATIONS Town Council Weekly Digest - February 7,2003 Town Council Weekly Digest - February 14,2003 Town Council Weekly Digest - February 21,2003 Town Council Weekly Digest - February 28, 2003 Town Manager McIntyre noted the request by the Marin Housing Authority to refinance the loan for the Bradley House. Item No.4 - February 14 Digest Town Manager McIntyre said that the J1. Recreation Committee was looking for an endorsement from the Town to be included in the Library expansion plan for future office space. Councilmember Fredericks said that what the Recreation Committee was actually looking for was a confirmation of their status with regard to office space at Town Hall. She said that the Committee had expressed a preference to remain at Town Hall. Mayor Slavitz asked whether the current status was that the Town would like the space. Town Manager McIntyre affirmed his statement and said that he had discussed this with J1. Recreation Director Creamer. ADJOURNMENT There being no further business before the Town Council of the ToWn of Tiburon, Mayor Gram adjourned the meeting at 8:50 p.m., sine die. ATTE~T71( l~/) DIANE CRANE fA Town Council Minutes # 04-2003 March 5, 2003 Page 8