HomeMy WebLinkAboutTC Min 1995-02-15
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TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Thompson called the regular meeting of the Town Council of the Town of Tiburon
to order at 7:35 p.m., Wednesday, February 15, 1995 in Council Chambers, 1101 Tiburon
Blvd., Tiburon, California.
A ROLL CALL
PRESENT: COUNCILMEMBERS: Ginalski, Nygren, Thompson, Wolf
ABSENT: COUNCILMEMBERS: Thayer
EX OFFICIO:
Town Manager Kleinert, Town Attorney Ewing,
Town Engineer Mohammadi, Police Chief
Herley, Finance Director Stranzl, Planning
Director Anderson, Minutes Clerk Sherwood
B. APPOINTMENTS TO COMMISSIONS BOARDS. COMMITTEES
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There were none.
C.
PUBLIC OUESTIONS AND COMMENTS
Patrick Hulsbus, Marsh Road, complained to the Council that automdbile traffic on Beach
Road was moving too fast and was frightening and hazardous to pedestrians. Town Manager
Kleinert said this comment would be forwarded to the Traffic Safety Committee.
Councilmember Ginalski commented on an article that has appeared in the Independent
Journal about police services consolidation in Southern Marin. Rather than agendizing the
topic for a future meeting, Town Manager Kleinert said he would write to the other cities
and if they were interested in having a discussion, a meeting would be arranged. Comments
were also made that this was not a new issue and it had arisen periodically since Prop 13.
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Councilmember Ginalski stated that at the last Planning Commission meeting a question
was raised as to whether or not Angel Island should receive a temporary use permit for
parking on Mar West/Beach Road. He stated that he felt that was irresponsible of the town
to have allowed the use permit to lapse for this parking site while they required use permits
of other businesses in town. Councilmember Nygren asked if it was illegal for the town to
not have a use permit. Mayor Thompson suggested that the issue did not need to be
addressed now as the use permit had expired in 1987. Town Attorney Ewing asked that
issued be held until later in the agenda when parking at Angel Island was scheduled.
D. COUNCIL. COMMISSION OR COMMITTEE REPORTS
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E. CONSENT CALENDAR
MOTION: To approve the Consent Calendar consisting of:
1. APPROVAL OF MINUTES-#1042 with a correction from Councilmember Nygren.
2. CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT of 1989(Adopt
Multi-Jurisdictional Non-Disposal Facility Element for Marin County and Its Cities -
Amend Resolution No. 3073 - Resolution)
3. IRRIGATION WELL (Request for Well permit at 600 Ridge Road, Ikilnu\
Application - Resolution)
Moved:
Vote:
Ginalski, seconded by Nygren
AYES: Unanimous
F. UNFINISHED BUSINESS
5. TOWN ADMINISTRATION COMPUTER PROGRAM (Authorize Purchase of
Computer Equipment Replacement)
Finance Director Stranzl requested that this issue be continued until meeting on March 15
so that a comprehensive plan which is being developed can be included.
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Continuance approved by Council.
6. MAR WEST PARCEL (Indicate Intention to Transfer by Donation or Long-Term
Lease Town Owned Mar West Property to the New Belvedere-Tiburon
Library JPA - Resolution.)
Town Attorney Ewing presented Staff Report on subject of town selling or leasing property
for the building of the library. This resolution expresses intent to lease or sell the property
which town owns for the Library to be built once a JP A is formed. Suggested that Council
accept public testimony, review the wording and adopt it in memory of Rex Fink.
Mayor Thompson explained to the public that by describing the location and means of
financing the new Library, the fundraising committee's objectives would be more easily met.
Town Attorney Ewing stated that the resolution is not binding but simply shows intent. In
response to Councilmember Nygren's question about the status of the JP A formation, Town
Attorney Ewing stated that previous discussions with Belvedere and Tiburon had written the
JP A to be broadly based so that it could function with or without the County Library's
systems assistance. There is no current lP A but a draft is in the process of being written
between both cities.
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Mr. Nat Marans stated that he was "for" the library and then described a meeting he and
other citizens had with County Librarian. He listed several items which were discussed and
questioned the thoroughness of the plans for funding and operating the new Library;
recommended that Council examine his questions.
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Mr. Alan Littman stated that the Library committee of the communities of Belvedere and
Tiburon had secured $1.2 million in gifts and vqluntary contributions so far for the new
library and hoped to raise additional $2 milliol1' so that no new tax would be needed. He
suggested that fundraising dollars would increase significantly once the Council removed the
impediment of asking for money to build at an unknown site.
Mr. littman explained that the new Library would run in conjunction with the County,
however, the proposed JP A would allow Tiburon and Belvedere more flexibility; such as the
use of volunteers. He expressed the need to proceed in faith and consensus; faith that the
details would be taken care of.
Councilmember Nygren asked about specific funding for operations. Mr. Littman said that
the Committee has worked very closely with the County librarian and the details of funding
the operations of the new facility would be made public.
In response to Councilmember Nygren question of what the boundaries for a parcel tax
would be, Mr. Littman said that parcel tax would include all of Tiburon and Belvedere.
Town Attorney Ewing said that the issues to be negotiated with the county would be subject
to public review.
Polly Smith supp~rted the Town giving the property site to the Library committee.
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Councilmember Wolf recommended a motion to adopt the resolution. Mayor Thompson
asked for comments as the motion by Councilmember Wolf was not seconded.
Councilmember Ginalski requested that he be included in a meeting with the Library
committee to discuss the financial aspects of their plan to which Mr. Littman agreed.
Councilmember Nygren stated that she supported the library and did not want to get in the
way of it but as a Councilmember felt it necessary to protect the town. Councilmember
Nygren expressed concern over the use of the word "intent" and felt that a lease was more
appropriate than a donation because no one knows what the future will bear. She also asked
for clarification of when the JP A would be formed and stated that the wording needed to
be clarified.
Councilmember Wolf stated that when the JPA is formed it will be contingent on the site
being used as a library. In the event it is no longer a library, the land will revert to the town. .
Town Attorney Ewing stated that as there was no financial consequence, the wording did
not really matter; he supported the resolution as is, and stressed that what is important is
to help free up the process for funding the library and approval of this resolution will help
proceed with the JP A. Also, the donor of this land does not want this property to be sold,
to the county for profit.
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MOTION: to pass the resolution with the change in wording to "at an appropriate time
after the JP A is formed".
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Moved:
Vote:
Wolf, seconded by Thompson
AYES: unanimous
7. NEW TOWN CENTER FACILITIES
1. Accept Staff Report Regarding Citizens Ballot Initiatives
The Mayor congratulated the Town Staff for dealing with a difficult issue and maintaining
a high level of professionalism. Specifically named Town Manager Kleinert, Planning
Director Anderson, Town Attorney Ewing.
Town Manager Kleinert gave general background on issues leading up to and incorporated
in the report. The concept was that the proceeds from the sale of the Ned's Way property
and the impact of senior housing and the possibility of building Administration/Council
Chambers downtown and the Police Building at the present site. Proceeds from sale of some
property at Ned's Way would be used for funding new town hall and police facilities. The
Council has requested a report from staff that would express council's concerns. He
recommended that the Council accept the report, and determine whether an additional 10
days are needed to review the report and direct that the two initiative be placed on the June
ballot. Staff would then ask County to assist in June election. Councilmember Nygren
submitted a list of questions to the Town Manager to be reviewed.
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Discussion followed by the Councilmembers about parking, and square footage of proposed
structures. Councilmember Ginalski asked if this report's recommendations represented
"gross urbanization". Discussion continued on specifics of building sizes, and parking spaces.
Councilmember Nygren emphasized that her experience, along with working with manager
Kleinert, with merchants' comments about parking differed from the report.
Public Comment:
Mr. Al Kuhn, agreed with the Town Manager that parking was adequate and suggested that
formulas determining parking requirements for merchants be updated.
Ms. Randy Greenberg strongly disagreed with the land use goal in the report and questioned
the accuracy of the report density comments. She felt the report should be changed because
it was inaccurate.
Mrs. Mary Roger, 2145 Centro East, commented that market rate senior housing was quite
limited in Tiburon and she wanted to be able to continue to live in Tiburon as a senior.
Councilmember Nygren questioned her as to whether she would prefer living on flat or hilly
property as a senior and Mrs. Roger said it didn't matter. She just wanted to be able to stay
in Tiburon.
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Barbara Ravien, 75 Barbaree commented that the issue raised in a letter to the Ark
newspaper about building the new Town Hall on a flood plain had not been mentioned in
the report. Town Manager Kleinert stated that the Town Engineer had responded to the
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letter, and the Mayor noted that a reference to it was made on page 21.
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Sharon Bass - 2300 Spanish Trail, stated that th,e'Library committee would allow a second
tier of parking.
Carolyn Hockley, questioned the feasibility of building senior housing on a hillside and read
a letter expressing the difficulties involved in one persons' experience.
Margaret McDonogh asked what the arrangements for tour buses and low cost parking were.
The mayor responded to her questions about Angel Island parking by explaining that it was
being agendized later in the meeting.
Dian Ashley - President of Tiburon Chamber of Commerce. Merchants are concerned about
parking but not how much parking. General agreement that there is enough parking. She
suggested that Angel Island issues not be shortchanged by being combined with the Town
Hall discussion.
Parking continued to be discussed at length. Councilmember Nygren felt that Staffs report
represented a 180 degree change from the general plan.
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After more discussion on whether the report was acceptable or not, Town Manager Kleinert
stated that perhaps the correct wording should be that the Council is to "receive" the report,
not accept it. Town Attorney supported this.
Mayor Thompson called for agreement within the Council and an appeal for vision toward
a bigger picture. Councilmember Wolf stated that her vision of TibufOn is not a big empty
parking lot and that the town now has the opportunity to create a new setting.
Motion: by Mayor Thompson, seconded by Wolf .
Not passed.
The Council continued to discuss their concerns.
3. Further Discussion of Downtown or Ned's Way New Town Center Proposals, or
Town Council Ballot Measures
Ms. Polly Smith requested that Kitchell submit new estimates for the cost of separate,
downtown, Town Hall, Community Room and Police Station buildings. Building separately
may be feasible. She also recommended that budget cutting and public hearings be
instituted. She recommended a "pay-as-you-go" method for financing at either site.
Addressing the senior housing project, she questioned whether it would be entry level or a
continuation of the Hilarita project.
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Mr. Bruce Ross clarified that the time line for building Town Hall or the Police Station in
his committee's estimate would be 2 years. He also stated that he agreed with Polly Smith's
suggestion that all 3 items be split apart and considered separately. Mr. Ross also defined
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the continuum of congregate housing and explained that while many options are available,
he envisioned a limited congregate. Affordable housing according to HUD is based on a
formula of 33 - 45 percent of total income to pay mortgage, taxes and insurance. There was
then detailed discussion of the many possibilities that could and could not qualify as
affordable housing. Councilmember Nygren was assured by Planning Director Anderson that
this information agreed with the Town zoning ordinances.
Town Attorney Ewing stated that there are two separate citizen's initiatives and that Council
could adopt one of them or both. If selling Ned's Way is adopted, Council should not specify
how quickly it is to be sold or how many units are to be sold.
Mr. Richard Hinkel expressed his confusion about the two propositions, one allowing
disposal of 1.5 acres of Ned's Way and the other not and noted that the Council was
hindering their own progress by continually digressing with details.
Mr. Mogens Bach expressed concern with the inability of the Council to work together and
to be productive.
Mr. Larry Duke stated that the second of the two initiatives does not preclude the Town
Hall building on that site.
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Councilmember Nygren presented letter that had been sent to Town Attorney from
Department of Justice regarding Angel Island parking and the Parks intention to litigate if
their parking was taken away.
Council then discussed whether it was appropriate to have paid a consultant for a workshop
on the project. Councilmember Wolf described the value of the services provided. It was
also discussed whether the information should have been made public.
Councilmember Nygren found that the Kitchell report looked palatable but she was
concerned about pending lawsuits from the developers, still maintain no more than 25 units
at the Ned's Way site, and finding guarantees that the Town will get the money it has been
promised.
Mayor Thompson concluded by saying that the Downtown Plan was consistent with the
General Plan; felt that now is not the time to provide an additional option on the ballot as
that time has passed. He wants to promote a resident oriented community and bring those
people closer to their government. He expressed his concern that people wouldn't tolerate
any more taxes [if a new Town Hall had to be funded from taxes], because they were
already being asked for money for the new library, open space, schools, etc. He closed with
a plea for building community spirit.
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4.
BCDC MERGER PROPOSAL (Oppose Governor's Merger Proposal of BCDC Into
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Other State Agencies-Resolution)
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Moved:
Vote:
to adopt resolution, as amended, opposing BCDC merger into other
State Agencies
Ginalski, seconded by Nygren
AYES: Unanimous
ABSENT: Thayer
MOTION:
8.
1993-94 MUNICIPAL AUDIT
This matter was continued to the next regular Council meeting
9. STATUS OR HIGHLAND'S SENIOR HOUSING PROJECT AND HILARITA
PRESERVATION
Town Attorney Ewing gave a oral status report regarding the preservation efforts at the
Hilarita to date and also noted the Highlands project was scheduled for consideration and
action by the Town's Redevelopment Agency at their March 1, 1995 meeting.
10. ANGEL ISLAND PARKING
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The Town Attorney advised the Council that he had met with representatives from the State
Park's Department concerning the Angel Island parking. They expressed interest in further
meetings and discussions in an attempt to resolve the various issues. Council directed that
the Town Attorney and Planning Director meet with the State Representatives, Ed Zelinsky
and Margaret McDonough.
ADJOURNMENT
There being no further business of the Town Council of the Town of Tiburon the meeting
was adjourned at 11:50 to February 23, 1995 for consideration of New Town Hall issues.
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ATTEST:
RO~~cnNG TOWN CLERK
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