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HomeMy WebLinkAboutTC Minutes 2010-10-06TOWN COUNCIL MINUTES CALL TO ORDER Mayor Collins called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, October 6, 2010, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: PRESENT: EX OFFICIO: Collins, Fredericks, Fraser, O'Donnell, Slavitz Town Manager Curran, Town Attorney Danforth, Director of Administrative Services Bigall, Director of Community Development Anderson, Director of Public Works/Town Engineer Nguyen, Chief of Police Cronin, Troy Bassett, Town Clerk Crane Iacopi ORAL COMMUNICATIONS Town Manager Curran introduced new Reed Union School District Superintendent Steve Herzog, who was in the audience. The Council welcomed Mr. Herzog to the community. PRESENTATION • Presentation of Proclamation in recognition of World Polio Day- October 24, 2010 • Presentation of Resolution Commending Laleh Zelinsky for the Success of the Harbor Light Building Reconstruction Project Mayor Collins made the presentations on behalf of the Council to Dean Popplewell, President of Belvedere-Tiburon Rotary, and Mrs. Zelinksy. Mr. Popplewell said that he had had polio as a child and thanked the Council for its endorsement of this important work. Rotary member and former mayor Branwell Fanning also commented on the disease and the importance of its eradication world-wide. Town Council Minutes #15 -2010 October 6, 2010 Page I CONSENT CALENDAR 1. Town Council Minutes - Adopt minutes of August 25, 2010 Special Meeting 2. Town Council Minutes - Adopt minutes of September 1, 2010 Regular Meeting 3. World Polio Day - Proclamation in recognition of World Polio Day, October 24, 2010 (Town Clerk Crane Iacopi) 4. Harbor Lights Building - Adopt resolution commending Laleh Zelinsky and Zelinsky Properties for the success of the Harbor Light Building reconstruction project (Director of Community Development Anderson) 5. Commendation for Joan Palmero - Adopt resolution of previously-presented proclamation commending Joan Palmero on her 20th anniversary of employment with the Town of Tiburon (Town Clerk Crane Iacopi) 6. Town Conflict of Interest Code Update - Adopt resolution updating and amending Town Conflict of Interest Code pursuant to biennial review (Town Clerk Crane Iacopi/Town Attorney Danforth) 7. Engineering Services - Approve contracts for as-need engineering service and authorize Town Manager to sign contracts on behalf of the Town of Tiburon (Director of Public Works/Town Engineer Nguyen) 8. Amendments to Street Permit Parking Program areas to reflect new Parking Fines - Adopt resolutions amending the Pine Terrace, Ned's Way, and Mar West/Centro West/ Esperanza Street Permit Parking Program resolutions to reflect the recently increased overtime Parking Fines (Police Captain Hutton) MOTION: To approve Consent Calendar Item Nos. 1 through 8, as written. Moved: Slavitz, seconded by Fredericks Vote: AYES: Unanimous ACTION ITEMS 1. Appointments to Boards, Commissions and Committees - Consider appointment to fill vacancy on Heritage & Arts Commission (Town Clerk Crane Iacopi) Town Clerk Crane Iacopi gave the staff report. The Council was unanimous in its endorsement of Ms. De Mujica and said she would be a great addition to the Commission. Town Council Minutes #15 -2010 October 6, 2010 Page 2 MOTION: To appoint Azita de Mjuica to the Heritage & Arts Commission. Moved: Slavitz, seconded by Fredericks Vote: AYES: Unanimous 2. November 2, 2010 Ballot Measures - Consider Council action to support or oppose various measures on November 2, 2010 ballot: Proposition 22, Proposition 23, Proposition 26, Measure B (Town Manager Curran) Town Clerk Crane Iacopi gave the staff report. Councilmember Fraser said that he saw the Council's role as one of endorsing local projects and initiatives, rather than taking a political stance on state ballot propositions. Councilmember Fredericks said that the four initiatives brought forward in the report were ones that had a direct impact on cities. She presented some background and examples of how each initiative could either harm or benefit the Town of Tiburon. The Council commented on each proposition. Councilmember Fredericks said a previous League-sponsored proposition had already protected revenues from property taxes and other sources due the Town. She stated that if Proposition 22 passes, and transportation and other funding is also protected, a total of over $2.9 million will remain with the Town in the coming year. Fredericks said this would include transportation revenues that the State, under recently passed legislation, would otherwise be able to divert in future. MOTION: To adopt a resolution in support of Proposition 22. Moved: Fredericks, seconded by Fraser Vote: AYES: Unanimous Councilmember O'Donnell said that AB 32 put some burdens on industry and said that the conservative elements in both parties opposed it (and therefore supported Proposition 23). Councilmember Fredericks said that League of California Cities delegates had voted 3-1 to oppose a resolution calling for suspension of AB 32 at the annual conference. She also said that local agencies, including the Town of Tiburon, were already developing reporting protocols for carbon emissions and should be able to continue their work. Councilmember Fraser said that while he did not like the way Proposition 23 was written, he thought it might be prudent to take a pause until the economy got going again before implementing AB 32. Mayor Collins said that he did not see the direct impact of this proposition on the Town of Tiburon and therefore would abstain from a vote. Town Council Minutes #15 -2010 October 6, 2010 Page 3 MOTION: To adopt a resolution in opposition to Proposition 23. Moved: Fredericks, seconded by Slavitz Vote: AYES: Fredericks, Slavitz, O'Donnell ABSTAIN: Collins, Fraser Councilmember Fredericks said that Proposition 26 proposed a broadening and redefinition of taxes that would make it more difficult for public agencies to raise or levy fees, not taxes. She said the League of California Cities recommended opposition. MOTION: To adopt a resolution in support of Proposition 26. Moved: Slavitz, seconded by Fredericks Vote: AYES: Unanimous Councilmember Fredericks said the passage of Measure B would provide support for underfunded programs in the County of Marin, such as school crossing guards and other projects. Allan Bortel, Tiburon appointee to the Marin Commission of Aging and current Chair, also spoke in favor of Measure B. Mr. Bortel said that transportation was a problem for seniors and he described the transportation services it would provide to seniors, if passed. He said that all five County Supervisors supported the measure and that seven of the nine Bay Area counties are going for a similar VLF fee (as allowed by SB 83) There was no other public comment. Councilmember O'Donnell commented that while many people in Tiburon could afford the $10 (VLF) fee contemplated by this measure, it was, in fact, a regressive tax. He said that California had the highest income taxes, sales taxes and gas taxes in the nation and that this would be seen by many as another, "creeping" tax. He noted that in tough economic times, it seemed that more and more programs had to be funded through special taxes or fees. Councilmember Fredericks said that reliance on local sources of revenue seemed inevitable given the recent and contemplated actions by the State. Vice Mayor Slavitz agreed that the State budget process was a mess, however, he said that he could see the clear benefit of the passage of this measure to programs in the Town of Tiburon. Councilmember Fraser concurred. Councilmember Fredericks said that $20,000 of the proposed revenue would be available for road and pathway projects in the Town of Tiburon, if passed. While noting that proposed VLF fee did not "sunset" if the economy improved, Mayor Collins said he, too, would support the measure because of its direct benefit to the Town of Tiburon. Town Council Minutes #15 -2010 October 6, 2010 Page 4 Councilmember O'Donnell said that he was not entirely opposed to the measure but would abstain from voting for the reasons previously stated. MOTION: To adopt a resolution in support of Measure B. Moved: Slavitz, seconded by Fredericks Vote: AYES: Collins, Fraser, Fredericks, Slavitz ABSTAIN: O'Donnell - 3. Ned's Way Project - Review project information to date, consider authorization to staff to proceed with environmental and engineering work (Town Manager Curran) Town Manager Curran gave the staff report. She said that due to increased enrollment in the Reed Union School District, Belvedere-Tiburon Joint Recreation (BTJR) had been informed at the beginning of the school year that there would no longer be any classroom space available for after school programs at Reed School. Curran said that a search for an alternate location ensued, led by the Department and representatives from the Town of Tiburon and City of Belvedere. The two-acre, Town-owned Ned's Way site was identified as the most promising site for a facility to house the after-school program, particularly due to its proximity to Reed School, according to Curran. The Town Manager said that the Council gave an initial go-ahead to Town staff to develop the idea and appointed Council members Fraser and O'Donnell to a Ned's Way subcommittee to study the issue further. She said that a proposed site plan was developed by former mayor and councilmember Miles Berger, working on a pro bono basis. A meeting was subsequently held with surrounding neighbors to get feedback on the project and identify potential issues. Curran identified the issues flagged by neighbors as parking, noise and traffic. She said that these would be addressed more fully by Mr. Berger in his presentation. Curran said that while the cost estimates for the project had risen from an initial $250,000 to $950,000, she said this was because of the challenges of building on the site, as well as the increased size of the overall project. She said that while the loss of after-school space was the catalyst for seeking out a new location for the Recreation Department, the size of the two-acre site and work necessary to create parking and a building pad on the site led Town staff and the Council subcommittee to consider if it would be more cost effective and beneficial for the community to expand the use of the site to include relocated BTJR offices and create space for additional programs. The Town Manager said the current conceptual plan called for 1,150 square feet of office space (essentially the same at the BRJR offices in Town hall) and 3,650 square feet in two adjoining rooms for programs. She said the plan also included 26 parking spaces, an outdoor play area, storage shed, pedestrian path, landscaping, and a roundabout for drop-off. Curran said that while final costs would not really be known until the bids came in for the project, she said the cost of the expanded project was still very reasonable, at approximately $200 per square foot, for engineering, construction, as well as the building itself. Town Council Minutes #15 -2010 October 6, 2010 Page 5 Curran said that the Town of Tiburon and the City of Belvedere had originally discussed the concept of sharing the capital costs of the project that exceeded the traditional 75%-25% cost split between the Town and City. She said the idea was for Belvedere to make a substantial up-front contribution; however, this model proved problematic for several reasons. She said that an up-front contribution would effectively give Belvedere an "interest" in a facility owned by and on Town land, a complicated arrangement necessitating a mechanism by which Belvedere could protect its investment. The Town Manager said that ultimately a tentative agreement was reached wherein Belvedere would contribute $30,000 annually for rent (with a capped CPI factor) to support BTJR's use of the facility. She said that the Belvedere City Council would consider the agreement at its upcoming meeting on October 11. She thanked the City of Belvedere for its spirit of cooperation in working with the Town to make the project happen. She also thanked former Mayor Miles Berger, Town staff members Troy Bassett, Nick Nguyen, Scott Anderson, Heidi Bigall, Recreation Director Cathleen Andreucci, and the Town Council subcommittee, Councilmembers Fraser and O'Donnell, for their time and invaluable input in reaching this critical juncture. Miles Berger reviewed the site plan and building specifications with the Council. He showed the proposed building as set back and down, largely below the grade of the street, and said that all parking was expected to be accommodated on site. He said that two existing parking spaces would be eliminated on Ned's Way to create an entrance to the site through the Ned's Way Garden Homes, which could also be used by residents as a turnaround. Mr. Berger said that the modular building would be similar to the Belvedere-Hawthorne Nursery School facility, with top grade finishes, both inside and out. He said that it would house some the BUR offices, and would feature flexible classroom and storage space. He said the building would be handicap accessible. He said the play area would be located behind the building under a canopy of trees. Berger said that by far the most expensive portion of the project was the site work to create a flat surface onto which to place the building and parking. He said that while a lot of earth needed to be moved, it did not have to be removed from the site, thereby cutting down the number of trucks and trips to the site. He said this was called "balancing" the site. Berger concurred with Town Manager Curran's report that estimated the project costs at $950,000, and said that it could rise somewhat as engineering progresses. When asked by Council how costs might be lowered, Berger said that at one juncture it was contemplated to lay the foundation but place a smaller (less than 4800 square feet) building on it. However, he noted that a larger building, and more programmable space, made more sense on an economy of scale. He reiterated that the major project costs were in the site preparation and not the building itself. Town Council Minutes #15 -2010 October 6, 2010 Page 6 Town Manager Curran said that not a day went by when Staff did not evaluate and examine the costs of the proposed project. She said that the Town Engineer, Troy Bassett, along with Administrative Services Director Bigall, had worked very hard on the numbers and would continue to look for ways to achieve efficiencies. Curran acknowledged that costs had increased since the concept was first introduced. She said that the project had merit and would be worthy of consideration for the use of Town reserves to continue the recreation programs for the community. She said that a recent community telephone survey by Godbe had validated the community's desire to have recreation programming and even indicated an "appetite for more" programming. Mayor Collins opened the hearing for public comment. --Kasey Cuoto, Ned's Way, asked about the loss of parking (two guest spaces) and the amount of dirt and dust the project might generate. She also asked if there was a place that the young people of Hilarita could use to play since there was no place in their development. Miles Berger addressed the first two questions and Town Manager Curran said that her question about a play area issue could be addressed as the project progressed. --Tony Hooker, Spring Lane, asked questions about the outdoor lighting and play area but said that most of his questions had been addressed in Mr. Berger's presentation. He also expressed concern about traffic lining up to the entrance of the site. Town Manager Curran responded to the latter question by stating that most of the children would be escorted by Jt. Recreation Staff up to the site on a special pathway constructed as part of the project, and that they would be taken back to the school site for pick-up by their parents. Mr. Hooker later spoke in favor of the project,. stating that he and his wife had been great users of Jt. Recreation programs and services over the years and that strong consideration should be given by the Council to go forward with funding for the project. --Allan Bortel suggested investigating naming rights for the facility as a means of fund-raising for the project. (Councilmember Fredericks suggested that he chair the fund-raising committee.) There was no more public comment. Council noted the importance of providing recreation services to the community. It also noted that without a venue for after school programs, the Recreation Department might not generate enough revenue to continue its operations. After urging Staff to continue to "sharpen its pencils" on the project costs, the Council unanimously expressed support for the project and directed staff to proceed. Town Council Minutes #15 -2010 October 6, 2010 Page 7 Councilmember O'Donnell expressed appreciation for the resolution of cost-sharing issues with Belvedere. MOTION: To approve the proposed agreement with the City of Belvedere for annual rent. Moved: Fraser, seconded by Fredericks Vote: AYES: Unanimous MOTION: To proceed with the engineering, drafting, and environmental studies and to return to Council with an update when the project was ready to go to bid. Moved: Fredericks, seconded by Fraser Vote: AYES: Unanimous 3. Lyford Parking Project - Update on project, review of utility relocation options and direction to staff (Director of Public Works/Town Engineer Nguyen) Director Nguyen gave the staff report which updated the Council on the status of the project and included new information about costs associated with undergrounding of utilities in that location. He outlined several options regarding undergrounding the utilities, which ranged in cost from $60,000 to $215,000, depending on the scope of the work. After describing these options more fully outlined in the staff report, Nguyen said he believed the most economically viable option was to underground just the parking lot because it would accomplish the objective with no funds wasted on interim solutions. Nguyen said that Staff met with CalTrans officials on August 17 and that contrary to what had previously been communicated to the Town, CalTrans now believes that a more in-depth review process was necessary and desired more input into the design of the project. As a result, Nguyen said, project costs might increase and the delivery time lengthen. Nguyen estimated that the expanded review could drive the cost beyond the $885,000 mark for "soft costs" and construction, to $1,145,000, not including undergrounding. The Director also said that CalTrans was now reluctant to allow the Town to charge a fee for parking as new department policies had evolved regarding the State's Park and Ride lots. Councilmember O'Donnell, a member of the Council's project subcommittee, said that the new information received from Cal Trans gave him reason to reconsider moving forward with the project because the final project approval appeared uncertain and costs were likely to rise. Mayor Collins concurred, stating that while he felt this was an important project that would address safety as well as aesthetic concerns on Tiburon Boulevard, he, too thought it would be prudent to wait until the hard costs were established before making a final decision. He said that the project also had to be evaluated in the context of the financial reserves of the Town, some of which had been already been committed to the Ned's Way project. Town Council Minutes #15 -2010 October 6, 2010 Page 8 In response to a question from Council, Director Nguyen noted that the TAM grant funding receiving by the Town in the amount of $314,000 was due to expire at the end of the 2011. A discussion ensued of whether the Town might lose this funding if the start date was moved forward, and/or whether it would be possible to apply for an extension of the grant. Nguyen also noted that there was no other project to which this funding could be applied at this time. Director Nguyen said the Town had spent approximately $70,000 to date on engineering costs for the project. Council asked Director Nguyen how long he thought it would be before CalTrans submitted their final, red-lined version of the project plans which would then provide the Town with what it needed to seek CalTrans approval of the project. Mr. Nguyen said that this information would probably be available in the next two months. He also said that working with CalTrans was a process of negotiation and that applicants were entitled to file requests for an exception to certain specifications. Council directed staff to return to Council to reevaluate the project once CalTrans had submitted its final comments. Town Manager Curran recommended the Town Council re-evaluate the project in the Spring, when Staff would have a better idea of the year-to-date budget figures and the coming fiscal year's budget forecast. Council agreed on this course of action. TOWN COUNCIL REPORTS None. TOWN MANAGER'S REPORT Town Manager Curran said that she had been asked to prepare a letter in support of the construction of a deep water port at Tiburon Romberg Center that could be used for delivery of goods and services in the event of an emergency on the peninsula. She said the letter of support would be used in an application by Tiburon Romberg Center for federal grant funds. Council concurred with the request. WEEKLY DIGESTS • Town Council Weekly Digests - September 3, 2010 • Town Council Weekly Digests - September 10, 2010 • Town Council Weekly Digests - September 17, 2010 • Town Council Weekly Digests - September 24, 2010 • Town Council Weekly Digests - October 1, 2010 Town Council Minutes #15 -2010 October 6, 2010 Page 9 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Collins adjourned the meeting at 10:15 p.m. JkICHARD COLLINS, MAYOR ATTEST: DIANE CRANE IAC6PI, TOWN CLERK Town Council Minutes #15 -2010 October 6, 2010 Page 10