HomeMy WebLinkAboutTC Min 2008-07-16
TOWN COUNCIL
MINUTES
CALL TO ORDER
Vice Mayor Fredericks called the regular meeting of the Tiburon Town Council to order at 7:30
p.m. on Wednesday, July 16,2008, in Town Council Chambers, 1505 Tiburon Boulevard,
Tiburon, California.
ROLL CALL
PRESENT:
COUNCILMEMBERS:
Berger, Collins, Gram, Fredericks
ABSENT:
COUNCILMEMBERS:
Slavitz (excused)
PRESENT:
EX OFFICIO:
Town Manager Curran, Town Attorney
Danforth, Director of Community Development
Anderson, Associate Planner Tyler, Director of
Public Works/Town Engineer Nguyen, Chief of
Police Cronin, Town Clerk Diane Crane Iacopi
At 6:45 p.m., prior to the regular meeting, the Town Council met in closed session to discuss the
following:
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Section 54956.9(a))
Town ofTiburon v. Sylvia; Sylvia v. Town ofTiburon
Wayne v. Town ofTiburon
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Section 54956.9(b))
Claim of Robert Gilles
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION. IF ANY
Vice Mayor Fredericks said that no action was taken on the matters discussed.
ORAL COMMUNICATIONS
None.
PRESENTATIONS
· Sonoma Marin Area Rail Transit (SMART) - Charles McGlashan, Marin County
Board of Supervisors, Diane Steinhauser, Transportation Authority of Marin; Lillian
Hames, SMART (consideration of related resolution under Action Items)
Town Council Meeting #12-2008
July 16, 2008
Page 1
Vice Mayor Fredericks, who serves as the Town's representative to the Transportation Authority
of Marin, said that a working group of TAM members had held six meetings and presented their
findings to the executive board. She introduced Supervisor Charles McGlashan, who serves as
the Chair of SMART, who noted that the Board of Supervisors had just today voted to place the
[sales tax] measure on the November ballot.
Supervisor McGlashan complimented Lillian Hames of SMART for her work on the project. He
said the SMART Board had prepared a supplemental environmental impact report, ordinance and
spending plan, which had been reviewed extensively. He also complemented Diane Steinhauser
of the Transportation Authority of Marin for her work on a strategy for the plan, and the TAM
Board members and working group for their "value added" work on the project.
Lillian Hames (SMART) said that commuter rail is one of the fastest growing means of
transportation. She cited the success of a light rail program in San Diego and Seattle.
Ms. Hames said that the [Northwest Pacific] railroad right-of-way is currently in public
ownership and can be upgraded. Ifapproved, SMART could be operational in 2014. The train
would go from Cloverdale to Larkspur which is 70 miles with 14 stations. Parallel to the tracks
will be bike and pedestrian trails. The cost of the rail project will be $450 million and the
bicycle and pedestrian pathways will cost $91 million. When asked about funding, Ms. Hames
said they are looking at a 20-year sales tax measure, which was longer than they initially
anticipated, but that upon advice of bond counsel, it would render a more favorable rate and
proceeds for the project. She said the revenue assumptions include sales tax revenue but the plan
does not include any state transportation funding that TAM would compete for.
Other items discussed by Ms. Hames included the following:
· The Environmental Impact Report (EIR) has been reviewed and there is a
supplemental EIR that includes new station sites.
. They envision a citizen's advisory committee.
· The differences in the lighter and heavier rail cars.
· Cumulative impacts including horn noise and delays.
· There is a perpetual pre-existing easement agreement between NCR and
SMART, but the operating agreement is in negotiation.
. Improvements will be made to the rail and trestles.
In response to a question from Councilmember Berger, she listed some points from opponents of
the project which included concerns about cost, fear of freight being carried on the line,
"NIMBYism", "dirty" diesel, and that the trains cannot be electrified.
With regard to capacity, Ms. Hames said that a heavier car that is being considered has a "seated
load" of 100 passengers, while a lighter car has a "seated load" of 130-137.
Councilmember Gram asked about liability to the Town if the project stalled. Ms. Hames
responded that Assembly Bill 2224 established SMART as a district and there would be no
liability to other agencies. She said that SMART had a 10% contingency and could phase the
project, if necessary, if there was no federal funding or if the contingency was depleted.
In response to additional questions, she said connections to southern Marin would be at the
transit center in downtown San Rafael. Ms. Hames also said that the cost of a ticket will be
established by SMART and estimated it would cost $4.50 for the whole corridor.
Town Council Meeting #12-2008
July 16, 2008
Page 2
Councilmember Berger said that a water taxi that connected with the train would be a good
connection in southern Marin.
Ms. Hames also said that white papers had been prepared and would be distributed to all council
members and city managers to facilitate answering questions.
Diane Steinhauser, Executive Director of the Transit Authority of Marin (TAM), clarified two
questions by stating that there had been efforts to improve access to SMART and that TAM is
studying access to other forms of transportation. She said that an update of the Marin
Transportation Plan is underway, whether SMART is approved or not. She said both the
working group and T AM had looked at issues affecting the SMART plan. T AM also did an
independent analysis of cost assumptions and agreed that they were in accordance with the
funding sources.
Ms. Steinhauser said that the SMART Board had adopted language that day ensuring that both
transit and transportation funds earmarked for TAM will not be taken by SMART. She said that
it was feasible for them to move forward as planned.
Ms. Steinhauser said that SMART needs to continue to share information with the public. She
said that the TAM working group recognizes that there are still some issues outstanding. She
encouraged SMART to continue their discussions; she said that SMART had been very
responsive to the working group.
Councilmember Collins asked if deck parking at Larkspur Landing had been considered. Ms.
Steinhauser said that discussions were ongoing with the Golden Gate Transit District, as well as
Larkspur City officials, about parking. She said that a parking area was under consideration that
would require commuters to walk about the same distance they currently do from the ferry
landing in San Francisco to the BART station at the Embarcadero.
Councilmember Gram asked what the benefits of the SMART rail are to southern Marin.
Ms. Steinhauser said that one benefit would be the delivery of passengers from the north end of
the corridor to southern Marin for employment, or a reverse commute situation. She also said
that there is a strong case for "if you build it they will come."
Councilmember Gram said that the parking problem had to be solved. Ms. Steinhauser said that
the solutions would come in time and there needs to be more discussion regarding options. She
agreed that Larkspur Landing does not have enough parking now.
Lillian Hames said the benefits of a rail system include improved air quality, getting people out
of their cars, recreational benefits, and less reliance on individual automobiles. She agreed that
parking was an issue. She questioned whether pulling out housing for parking would be a
solution; she said there were other alternatives being discussed; and stated that they were not in
favor of building huge parking lots.
Ms. Hames also said that other cities, such as Seattle, were building their second rail system and
that it had been hugely successful.
Supervisor McGlashan said that there were benefits to residents of southern Marin and that the
southern Marin electorate had supported the last ballot measure in 2006. He said that they may
look at a jitney service to the train, or other solutions. McGlashan also said that in 20 years, a
large percentage of Marinites will work in Sonoma.
Town Council Meeting #12-2008
July 16, 2008
Page 3
Supervisor McGlashan thanked the Council for considering a resolution of support; he said that
every year of delay increases the cost of the project about $40 million; he said they will continue
to seek federal funds for the proj ect, as well.
· Draft Update to the County-wide Bicycle/Pedestrian Master Plan - Eric Anderson,
Alta Planning (consideration of plan will be on future agenda)
Eric Anderson said the update of the County-wide BicycleIPedestrian Master Plan was required
by the state every 5 years. He said that Alta Planning had been designated by TAM to do all of
the updates. He also said that projects to be included in the plan would have community input by
residents and interested groups.
Mr. Anderson said that there had been three countywide meetings since 2006. He said there are
three elements of the plan-policies, projects and programs. He briefly discussed some details of
these elements.
Associate Planner Tyler said the plan will be brought back for Council consideration when the
EIR process is completed.
CONSENT CALENDAR
Vice Mayor Fredericks said Item 2 would be removed from the Consent Calendar for discussion.
1. Town Council Minutes - Adopted minutes of June 18, 2008 meeting (Town Clerk Crane
Iacopi)
2. Neighborhood Permit Parking - Adopted resolution amending the existing Mar West area
Residential Parking Permit Program (Chief of Police Cronin) - continued from June 18, 2008
3. Employee Contract - Approved Memorandum of Understanding between Town ofTiburon
and Service Employees International Union (SEIU) and authorized Town Manager to
execute agreement (Director of Administrative Services Bigall)
4. Biennial Conflict of Interest Code Review - Adopted resolution amending Town's
Conflict of Interest Code to reflect changes in Town staff and addition of Parks, Open Space
& Trails Commission (Town Clerk Crane Iacopi)
5. 2008-09 Fiscal Year Street Improvement Project - Approved proposed list of streets and
authorized Town Manager to execute task order with CSG Consultants to prepare plans and
specifications and to provide construction management (Director of Public Works/Town
Engineer Nguyen)
6. Lyford Cove Underground District - Approved final payment and settlement to Harris &
Associates for services rendered (Director of Public Works/Town Engineer Nguyen)
MOTION:
Moved:
Vote:
To adopt Consent Calendar Item Nos. 1,3,4, 5 and 6.
Gram, seconded by Collins
AYES: Unanimous
ABSENT: Slavitz
Town Council Meeting #12-2008
July 16, 2008
Page 4
Item Removed from the Consent Calendar:
2. Neighborhood Permit Parking - Adopt resolution amending the existing Mar West area
Residential Parking Permit Program (Chief of Police Cronin) - continued from June 18, 2008
Chief Cronin said the only change was to the fee structure and the fees have been reduced. He
said there was no change to the map or the fiscal report.
Helen Lindqvist commented regarding the map that showed Cazadero Lane within the parking
area program. She said Cazadero is a private road and questioned why it was included. At any
rate, she said that Parcel 2, bordered by Esperanza, had no place to park anyway.
Director of Community Development Anderson said the map included properties which
bordered on the parking area; he said that the map showed that these properties were eligible
for permit parking.
Town Manager Curran said that Ms. Lindqvist would not be negatively impacted by the
inclusion of Parcel 2, rather, it presented an option to join the program.
Ms. Lindqvist, speaking on behalf of the Lyford Cove/Old Tiburon Homeowners' Association,
asked whether a portion of Mar West could be added to the parking permit program. She said
that some residents in the vicinity of the Tiburon Peninsula Club often could not find parking
because users of the club parked in front of their houses rather than in the TPC lot.
Town Manager Curran said that the report and resolution did not seek to alter the existing
parking program at this time. She said that staff had not evaluated extending the area and
therefore could not address her question at this meeting. Ms. Lindqvist was advised to submit
a proposal to alter the parking area if she so desired.
MOTION:
Moved:
Vote:
To adopt Consent Calendar Item No.2, as written.
Berger, seconded by Gram
AYES: Unanimous
ABSENT: Slavitz
ACTION ITEMS
1. Sonoma Marin Area Rail Transit (SMART) - Consider adoption of resolution in
support of SMART measure on the November 4,2008 ballot (Town Manager Curran)
V ice Mayor Fredericks opened the item to public comment.
Alan Bortel said that he was disappointed that completion of the project will be pushed out two
years longer than previously anticipated.
Supervisor McGlashan said that it would take five years to build the project and the extra time
allows them to run the bonds at a favorable rate time. He said that due to narrow loss of the
ballot measure in 2006, the project will cost $80 million more.
Councilmember Collins said he sees the benefits of SMART in a reduction of greenhouse gas, as
and that residents of Tiburon would benefit because there would be fewer cars going south. He
said that he was happy to hear about shuttle services and thinks it can be done.
Town Council Meeting #12-2008
July 16, 2008
Page 5
Councilmember Berger said he was looking forward to riding the San Diego rail. He said that
more effective connections made at Larkspur would be an attractive option but that he supported
the concept overall.
Supervisor McGlashan responded to Councilmember Gram, stating the Tiburon was the first
town considering endorsement of the ballot measure; however, he said that all of the members of
the Mill Valley City Council had personally endorsed it. Ms. Steinhauser said that the Sausalito
Council had heard a presentation the issue the night before, with a favorable response.
Vice Mayor Fredericks said there would be positive long-term impacts, with more buses going to
jobs and that Tiburon residents needed bus service, as well. She also said that the Marin County
Visitor's Bureau wanted to capture some of the ridership of tourists going to the Sonoma and
Napa Valleys.
MOTION:
To adopt a resolution in support of the SMART measure on the November 4,
2008 ballot.
Berger, seconded by Collins
AYES: Unanimous
ABSENT: Slavitz
Moved:
Vote:
PUBLIC HEARINGS
1. "Green Building" Ordinance - Consider introduction and first reading of ordinance
adding Article vm (Green Building) to Chapter 16 of Town Code to establish Green
Building requirements for new residential and non-residential projects and resolution
establishing Green Rating System (Director of Community Development Anderson)
Community Development Director Anderson reviewed the history of the proposed program and
said that the program was refined and sent to the Planning Commission in June, where it was
approved with a 3-1 vote. He said staff recommended "Build It Green" for residential
development and that the numbers are achievable. Regarding commercial development, the costs
would be based on LEED certification. The residential proposal has an incentive program and
issues with the original LEEDS Program have been worked out. The fiscal impact is minor and
staff has budgeted $5,000 for this fiscal year.
Vice Mayor Fredericks opened the public hearing. There was no public comment. The Vice
Mayor closed the public hearing.
Councilmember Berger asked about the cost to the builders and homeowners. He said that 75
points is not trivial and that he believes builders in this community already employ green
practices that bring them to or near the more common 60 points; requiring 75 points would be
penalizing them for their current good practices. He was reluctant to jump 15 points above what
other communities are doing without first trying the 60-point standard. He further recommended
a change to the proposed process by having the Building Department do the "green" review at the
time of permit rather than requiring an applicant to submit specifications at the design review
level, which was too early for the applicant to make the decisions required by the green
regulations.
Director Anderson responded that San Rafael's experience was that applicants needed to start
thinking about these requirements very early in the process.
Councilmember Gram suggested solving the issue by making it clear to applicants in the
beginning but requiring them to meet the requisite numbers at the time of permit issuance.
Town Council Meeting #12-2008
July 16, 2008
Page 6
Councilmember Gram asked about the cost of having the "green guys" out for assessment of a
project. Anderson said that it was about $1,000 for a new home (not a remodel). Vice Mayor
Fredericks opined that an applicant might have to have them out twice, once at the beginning of
the project, and again at permit time.
After further discussion, Vice Mayor Fredericks asked if the Council would be happy with lower
points. Councilmember Collins said he would like to see some actual examples of different point
systems. Councilmember Gram said he would like to hear form people with experience in the
industry. Councilmember Berger said he wanted to hear from builders, as well.
Director Anderson suggested continuing the first reading, but noted that if there were any
substantive changes, the item would have to be returned to the Planning Commission for another
reVIew.
Vice Mayor Fredericks continued the public hearing to August 6,2008.
2. Cypress Hollow Landscape & Lighting District (LLD) - Consider renewal of
assessment and adoption of resolution for fiscal year 2008-2009 (Director of
Administrative Services Bigall)
Council waived the staff report.
Vice Mayor Fredericks opened the public hearing. There was no public comment. The Vice
Mayor closed the public hearing.
MOTION:
Moved:
Vote:
To adopt the resolution renewing the Cypress Hollow LLD.
Gram, seconded by Berger
AYES: Unanimous
ABSENT: Slavitz
TOWN COUNCIL REPORTS
Councilmember Berger commented about how nice the new street lights were and that he had
received favorable feedback from residents that the uphill glare had been reduced.
TOWN MANAGER'S REPORT
Town Manager Curran said that appointments to the Design Review Committee will be on the
August 6th agenda. She said that there were problems getting a quorum of the existing board.
She announced that the Marin Clean Energy group will hold its next public forum in Tiburon on
October 7th.
WEEKLY DIGESTS
. Town Council Weekly Digest - June 20,2008
· Town Council Weekly Digest - June 27, 2008
· Town Council Weekly Digest - July 4,2008
· Town Council Weekly Digest - July 11,2008
Town Council Meeting #12-2008
July 16, 2008
Page 7
ADJOURNMENT
· Adjourn in memory of long-time resident Fred Mantegani; Fire Captain Robert Confer,
Tiburon Fire Protection District; & Deputy Chief Jeff Powers, Southern Marin Fire
District.
There being no further business before the Town Council, Vice Mayor Fredericks adjourned the
meeting at 9:50 p.m. after reading statements about the lives of the men for whom the meeting
was being adjourned--Mr. Mantegani, Mr. Confer and Mr.Z p,w~r ..... _; .
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ALICE FREDERICKS, VICE MAYOR
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DIANE CRANE lAC , TOWN CLERK
Town Council Meeting #12-2008
July 16, 2008
Page 8