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Home My WebLink AboutTC Min 2007-06-06 TOWN COUNCIL MINUTES CALL TO ORDER Mayor Gram called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, June 6, 2007, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: Berger, Fredericks, Gram, Slavitz Smith PRESENT: EX OFFICIO: Town Manager Curran, Town Attorney Danforth, Director of Community Development Anderson, Director of Public Works/Town Engineer Nguyen, Director of Administrative Services Bigall, Chief of Police Cronin, Town Clerk Crane Iacopi Prior to the regular meeting, the Council convened for the following purposes: CLOSED SESSION (6:00 p.m.) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956.9(a)) Tiburon Neighborhood Coalition v. Town of Tiburon and Congregation Kol Shofar Bonander v. Town of Tiburon; Tiburon v. All Persons Interested in the Validity of the Del Mar Valley Utility Undergrounding Assessment District INTERVIEWS (7:00 p.m.) Belvedere-Tiburon Library Agency Board of Directors - (One Vacancy) Beverlee Johnson, 1300 Mar West Street -7:00 p.m. Barbara Tomber, 50 Harbor Oak Drive - 7:15 p.m. CLOSED SESSION ANNOUNCEMENT Mayor Gram said that no action was taken on the matters discussed in closed session. Town Council Minutes #11-2007 June 6, 2007 Page 1 ORAL COMMUNICATIONS Mayor Gram noted that some members of the Chamber of Commerce wished to address the Council; he asked that they wait until the Council discussed Action Ite~ No.2 on the agenda. Vicky Fong, outgoing Library Agency President, thanked the Council and staff for the Town's continuing support of the Belvedere- Tiburon Library. She said that the Council's vision for future investment in the library would benefit everyone in the community. She thanked the Council for the opportunity to serve on the board. Jim Hermann thanked the Council for its support of the Classic Car Show. He said that this year's event would take place on June 16; he handed out posters to each member of the Council. APPOINTMENTS TO BOARDS" COMMISSIONS & COMMITTEES Belvedere-Tiburon Library Agency Board of Directors - (One Vacancy) MOTION: To appoint Beverlee Johnson to ~he Library Board of Directors Moved: Fredericks, seconded by Slavitz Vote: AYES: Unanimous ABSENT: Smith CONSENT CALENDAR 1. Town Council Minutes - May 16, 2007 2. Town Investment Summary - Adopt April 2007 Statement (Director of Administrative Services Bigall) 3. Lyford Cove Street Overlay Project - Approve Contract Change Order for Maggiora & Ghilotti to Resurface Roads within Lyford Cove Undergrounding District (Director of Public Works Nguyen) 4. November 6, 2007 Municipal Election - Adopt Resolutions ordering Election for purpose of Electing Two Councilmembers, Requesting Consolidation of Election Services with County of Marin, and Setting Cost of Candidate's Statements (Town Clerk Crane Iacopi) 5. Grand Jury Report - Authorize Town Response to Grand Jury Report on Retiree Health Care Benefits (Town Attorney Danforth) 6. Tiburon Peninsula Club Public Pedestrian Easement - Adopt Resolution Accepting an Easement from Tiburon Peninsula Club for Public Access Purposes over Property Town Council Minutes #11-2007 June 6,2007 Page 2 located at 1600 Mar West Street; AP Nos. 058-171-17 & 058-171-76 (Director of Community Development Anderson) 7. Solar Energy Proclamation - Approve Proclamation in Support o(Tiburon-Belvedere Rotary Club Sponsorship of Solar Energy Projects on Tiburon Peninsula (Town Manager Curran) 8. 30th Anniversary of Belvedere- Tiburon Rotary Club - Adopt Resolution Commending the Tiburon-Belvedere Rotary Club on their 30th Anniversary (Town Manager Curran) MOTION: To adopt Consent Calendar item Nos. 1 through 8, above. Moved: Berger, seconded by Fredericks Vote: AYES: Unanimous ABSENT: Smith ACTION ITEMS 1. Belvedere- Tiburon Library Expansion - Consider Approval of Agreement to Convey Real Property to Belvedere- Tiburon Library Agency (Town Manager Curran) Town Manager Curran gave the report. She said that the Library Agency had long anticipated a need to expand its existing facility, and had already undertaken a needs analysis which called for a tripling of size (from approximately 10,000 to 31,000 square feet). To accommodate this expansion, Curran said that the Agency sought the use of the land directly behind its current building. Town Manager said that this area, which is zoned "public/quasi- public," had been identified in the Town's General Plan as a potential expansion site. More specifically, she said that the Downtown Element, adopted in 2005, set forth a policy to "support an appropriate expansion of the Belvedere-Tiburon Public Library adjacent to Zelinsky Park." Town Manager Curran said that the Library Agency had approached the Town with a request for use of the land which had been evaluated by the Town Council subcommittee, comprised of Councilmember Fredericks and Slavitz, in addition to the Town Manager and Town Attorney. She said that the subcommittee recommended adoption of an agreement which would allow transfer of title of land to the library after fundraising had been completed and construction was underway. She said that there was no financial impact to the Town, except for the value of the land, and that there was substantial indemnification to the Town in its conveyance of the land in an "as is" condition. Vice Mayor Slavitz said that the proposed agreement was a great use of the land which would further improve library services on the peninsula. He said that it represented a "win-win situation" for the town and the library. Mayor Gram opened the public hearing. Town Council Minutes #11-2007 June 6,2007 Page 3 Ann Otter, Chair of the Library Agency, said that she was very grateful to the Town for its support and for the thoughtful consideration given to the agreement by the Town's subcommittee. She said that the fund-raising efforts were "ramping up" and that the hard work would result in a fruitful outcome. Deborah Mazzolini, Library Director, said that her files showed the first letter requesting use of the land in June of2001. She said that the Library had sought an initial EIR approval in 2004, had commissioned a needs analysis in 2005, and now a full building program was underway. She said that an agreement for the land was part of the next formal process. She thanked the Council for its support. Mayor Gram closed the public hearing. He jokingly said that he remembered the 2001 letter and had wanted to charge the Library Agency $2 million for the land; he said that the agreement contemplated at this time was an indication of the successful negotiations by Library Agency personnel. Councilmember Fredericks said that the Library Agency had lived through a period of escalating costs and that the land was an additional gift in that it would allow the Agency to not worry about that cost when contemplating a large capital expansion program. Councilmember Berger said that this was an opportunity to work with members of other public agencies on the peninsula and to "see ourselves as one community." He said that he was encouraged by the Library's desire to provide more teen programs. Berger said that it would be a challenge to expand the building and keep the integrity of the original design; he said that the goal should be to achieve a "satisfying whole." Mayor Gram suggested changes to language on page 2 of the proposed agreement: ".. ..has raised or committed sufficient funds;" and in Section C, Passage of Time, that the "Town shall have the right to terminate;" Section D, Due Diligence, "the Library (Diane - I think he was talking about them, not us) may decide not to proceed with the conveyance for any reason. " On Page 4, paragraph 13, Mayor Gram suggested adding to the section on closing costs, "and transfer tax, if necessary." He also requested that staff develop language to clarify the "as is" nature of the conveyance regarding any environmental or other conditions that might be found on site. Steger Johnson, representing the Library Agency, asked to further modify the language proposed by Mayor Gram, page 2, to "has received commitments for... "funding. Council concurred with all of the changes recommended above. Town Council Minutes #11-2007 June 6,2007 Page 4 MOTION: To approve the agreement, as amended; to authorize the Town Attorney to make the requested changes; to authorize the Town Manager to sign the agreement on behalf of the Town. Fredericks, seconded by Slavitz AYES: Unanimous ABSENT: Smith Moved: Vote: 2. Tiburon Tourism Business Jmprovement District - Consider Adoption of Resolution of Intention to form a Tiburon Tourism Business Improvement District to enable the Town's Lodging establishments to self-assess 1 % for the purpose of funding participation in the Marin County Visitor's Bureau (Town Manager Curran and Town Attorney Danforth) T own Manager Curran gave the report. She said that the Town had been approached by the two hotels and the Chamber of Commerce about joining the Marin County Visitor's Bureau. In order to accomplish this, a Business Improvement District (BID) would have to be formed to raise the necessary funding, according to Curran. This would be accomplished through a self-imposed 1 % tax which would be in addition to the current transient occupancy tax, or approximately $44,000 per year. Curran said that while there had not been unanimous support for a previous BID, there was now. She said that both hotels and Chamber believe this is a good opportunity to take advantage of a more sophisticated and broader method of advertising. In addition, she said that there appears to be a greater focus on southern Marin than in previous efforts. She noted that the communities of Corte Madera, Larkspur and Mill Valley had also joined the district, in addition to San Anselmo and Fairfax. Councilmember Berger asked if there was any change from the previous proposal, in which it appeared that that 80% of the funds raised would go to pay for administrative costs and overhead. Town Manager Curran said that Steve Sears had researched this question and said that the costs appeared to have come more into appropriate proportion. Mayor Gram asked if there would be any issues relating to Proposition 218, in the formation of such a district. Town Attorney Danforth said that the town had researched the necessary steps and would implement them so that the Town could satisfy its obligations under Prop. 218. Town Manager Curran said that the action contemplated tonight was the adoption of a resolution of intention to form the district. She said that would be additional meetings, as outlined in the staff report, for further discussion and action on the district. MOTION: Moved: Vote: To approve the Resolution of Intention to form the TTBID. Berger, seconded by Fredericks AYES: Unanimous ABSENT: Smith Town Council Minutes #11-2007 June 6,2007 Page 5 Mayor Gram returned to ORAL COMMUNICATIONS. Jim Allen, President of the Chamber of Commerce, addressed the Council on the issue Council funding for Friday Nights on Main. He said that due to ABC restrictions, it was no longer profitable for the restaurants to serve alcohol at the event, making the event less cost-effective.. Mr. Allen said that the Chamber had asked for and received support from the Tiburon Peninsula Foundation, as well as the Belvedere Community Foundation, and the City of Belvedere; in addition, he said that Angelo Servino had committed to carry one-third of the music budget, or $4,500. However, Allen said that the event still had a shortfall of $3,500; he asked the Council to commit to this amount as a minimum to insure the success of the events. Councilmember Berger asked if Oktoberfest, and some of the other theme nights, generated revenues for Friday Nights on Main. Mr. Allen said that while the Chamber received money from sponsors for these events, they were basically "break even." Mr. Allen said that the Chamber had allowed non-profit groups to set up tables for fund-raising at the events; he mentioned the Reed Schools Foundation, Rotary, and this year, the Sam Chapman statue fundraising efforts. He said that the Chamber would have a table, as well. Vice Mayor Slavitz referred to a hand-out provided by Allen and asked whether the Chamber was a [ monetary] contributor to Friday Nights on Main. Mr. Allen said that the Chamber's job was to promote the event and that a substantial amount of volunteer labor went into this and actually getting the events up and running. Mayor Gram noted that the item was not on the agenda for Council action; he referred it to the Town Manager to come up with a report and recommendation for the Council. PUBLIC HEARINGS 1. Fiscal Year 2007-2008 Municipal Budget - Introduction of FY 2007-08 Municipal Budget (Town Manager Curran and Director of Administrative Services Bigall) Town Manager Curran introduced the FY 2007-08 budget. She said that it was a balanced budget with a $132,000 surplus; she described it as a "going forward" budget with modest salary increases and no new staffing proposals, with the exception of the reclassification of the Emergency Operations Coordinator and replacement of a part-time Police Service Aide. Curran said that the Town had reached a point where there was no more PERS set aside and therefore would have to endure a $220,000 hit to the operating budget. This represented an overall increase of 11 %, along with increased GASB 35 & 45 expenses, as well as increased litigation costs. Town Council Minutes #11-2007 June 6, 2007 Page 6 The Town Manager turned the report over to Director of Administrative Services Bigall and acknowledged her for a great job in preparing the budget. Director Bigall gave a powerpoint presentation which detailed the anticip,ated revenues, as well as expenditures by department. She also briefly touched on the capital improvement program. Bigall said that the true indicator of the Town's financial health was its general fund unallocated reserves, which she anticipated to be $2.7 million at the end of the coming fiscal year. She said that even with an aggressive capital improvement program, the Town was still in "excellent financial shape." To put it in perspective, Bigall said that the Town could operate for one year without additional revenues. Councilmember Fredericks asked about the "trending chart" which showed a cross-over of expenditures versus revenue at a future date. Director Bigall said that if every position called for in the budget, primarily in the police department, was funded, the trending would go this way. However, she said that a full complement of officers was never realized historically. Mayor Gram added that the Town staff was always conservative in its revenue estimates. Councilmember Fredericks asked if the Town would have to spend its reserves if the lines crossed. Town Manager Curran said that before that took place, "tough choices" would have to be made; she said that Council would be presented with "one time" options or would have to look at other places to cut back, if this were to occur. Mayor Gram complimented Staff on its presentation and asked for a copy of the powerpoint presentation. Mayor Gram opened the public hearing. There was no public comment. Item continued to June 20, 2007. 2. Eminent Domain Ordinance - Recommendation to Hold Second Reading and Adoption of an Ordinance Regarding the Tiburon Redevelopment Project's Eminent Domain Policy and Program (Director of Community Development Anderson) MOTION: To read ordinance by title only. Moved: Fredericks, seconded by Berger Vote: AYES: Unanimous ABSENT: Smith Mayor Gram read, "An Ordinance of the Town Council of the Town of Tiburon Adopting a Description of the Program for the Acquisition of Real Property by Eminent Domain and Adopting a Revised Statement of Institution for the Redevelopment Plan for the Tiburon Redevelopment Project Area and Taking Related Actions." Town Council Minutes #11-2007 June 6,2007 Page 7 MOTION: Moved: Vote: To adopt ordinance as written. Slavitz, seconded by Fredericks AYES: Unanimous ABSENT: Smith TOWN COUNCIL REPORTS Councilmember Fredericks asked for an appointment to the MTC Regional Airport Expansion committee to be place on the next meeting's agenda. TOWN MANAGER'S REPORT Town Manager Curran acknowledged Town Staff for its work on and successful outcome of a Safe Routes to School grant. Director of Public Works Nguyen said that it had been a collaborative effort by his department and Community Development. Mayor Gram asked what the grant monies would be used for. Nguyen said that it was earmarked for the Del Mar School area; Vice Mayor Slavitz noted the striping of a bike lane on A venida Miraflores had been recommended as a proj ect. WEEKLY DIGESTS · Town Council Weekly Digest - May 18, 2007 · Town Council Weekly Digest - May 25,2007 · Town Council Weekly Digest - June 1,2007 ADJOURNMENT There being no further business before the ~~~~cil of the Town of Tiburon, Mayor Gram adjourned the meeting at 8:30 p.m., to th next reg~ meeting scheduled for June 20, 2007. ATTESTJ.). .2/~'7;;') / /. . ~/ ./ JAi, i 'i~/~cO}1 D CRANE LKCOPI, TOWN CLERK Town Council Minutes #11-2007 June 6,2007 Page 8