HomeMy WebLinkAboutTC Minutes 2012-05-02TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Fraser called the regular meeting of the Tiburon Town Council to order at 7:30 p.m.
on Wednesday, May 2, 2012, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon,
California.
ROLL CALL
PRESENT: COUNCILMEMBERS:
PRESENT: EX OFFICIO:
Collins, Doyle, Fraser, Fredericks, O'Donnell
Town Manager Curran, Director of Community
Development Anderson, Director of Administrative
Services Bigall, Police Chief Cronin, Director of
Public Works/Town Engineer Nguyen, Town Clerk
Crane Iacopi
Prior to the regular meeting, the Council met in closed session, beginning at 7:15 p.m., to discuss
the following:
CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATOR
(Section 54957.6)
Bargaining Unit: Tiburon Police Association
Negotiators: Town Manager and Director of Administrative Services
CLOSED SESSION ANNOUNCEMENT. IF ANY
Mayor Fraser said that there was no action taken in closed session.
ORAL COMMUNICATIONS
None.
PRESENTATIONS
• Annual Heritage Preservation Award - Shirley Mitchell, recipient
Mayor Fraser asked Ms. Mitchell and Heritage & Arts Commission Vice Chair, Ric Postle, to
join him at the podium.
Town Council Minutes #09 -2012 May 2, 2012 Page 1
Vice Chair Postle said the mission of the Heritage & Arts Commission is to preserve and advance
the Town's unique historic and cultural character [and to advance the arts in the community]. He
said that Ms. Mitchell was being honored for her compilation of oral histories of the Tiburon
Peninsula, entitled "Both Sides of the Track." He said it was a marvelous book that contained
stories both funny and sad. Mr. Postle then presented Ms. Mitchell with a plaque recognizing her
as the 16th annual recipient of the Heritage Preservation Award.
In her remarks, Ms. Mitchell said what an honor and a privilege it had been to interview the "old
timers" during the period 1975-76 and to record their descriptions of life on the Peninsula when
Tiburon was a still a railroad town. She said throughout the interview process, she strived for
truth and accuracy, to reflect the quality of life on the Peninsula within the context of the times
and experiences of people who lived here. She thanked Piper Berger for nominating her and also
thanked the Landmarks Society for publishing the book. She also thanked the Heritage & Arts
Commission and her friends and family in the audience for their recognition.
Mayor Fraser noted what a precious asset Ms. Mitchell had bestowed upon the community to
allow people to tell their stories for future generations.
• Association of Bay Area Governments "Plan Bay Area" Jobs-Housing projections
and the Sustainable Communities Strategy - Linda Jackson, Transportation
Authority of Marin
Ms. Jackson gave an overview of the Sustainable Communities Strategy (SCS) which she
described as a regional planning effort coordinated by ABAG [and MTC] which is near the end
of its process, to implement an integrated land use and transportation network pursuant to AB 32
and SB 375. She said that the goal of AB 32, in particular, was to reduce greenhouse gas
emissions by 15% during the period 2010-2040.
In her power point presentation, Ms. Jackson described the ABAG Jobs-Housing projections for
this period, as well as recent changes to these numbers.
The Council lent their comments.
Mayor Fraser referenced the slide which showed a 23% projected growth in employment for
Tiburon and asked where these projected 540 jobs would come from. Ms. Jackson said that the
formula took into account projected population growth, based on the 2010 census.
Mayor Fraser said that Tiburon was a constrained community and there was no more room to
build housing. Ms. Jackson said that was generally true of Marin as a whole. She added that
ABAG had "heard from Marin County" and understood that it is primarily a recreational resource
for the region, as well as an agricultural resource, and tourist destination.
Councilmember Fredericks said there was a new draft version of the RHNA numbers. She asked
Ms. Jackson to comment on whether a change in these numbers would mean that the SCS
Town Council Minutes #09 -2012 May 2, 2012 Page 2
projections would also change. Ms. Jackson said that was true and she also stated that the jobs
projections were not "enforceable" numbers.
Vice Mayor O'Donnell asked about the number of housing units shown in one of the slides (117)
to be developed in Tiburon between 2014 and 2022.
Director of Community Development Anderson said the projected numbers were used for
planning purposes in developing the Town's General Plan and Zoning Ordinance. He said this
number included vacant lots and high density housing.
The Vice Mayor asked how many units had been developed in Tiburon over the last two years.
Director Anderson said that zero housing units had been built in the last two years, however, he
pointed out that the State requires that municipalities plan for growth and remove obstacles for
development of affordable housing. Vice Mayor O'Donnell wondered if the Town was, in fact,
doing this.
O'Donnell further commented that it was nigh impossible to project out to 2040 based on
economic instability and other factors. He said this sort of methodology was discouraging and
disingenuous. He said that while he supported the [SCS] focus on planning for housing built
around transportation centers, he said that to put such onerous requirements [jobs-housing
projections] on a city or town was not in the best interest of its citizenry.
Mayor Fraser said that the numbers seemed to lack credibility. Further, he said the reduction in
units from the March draft (159 units) to the current scenario (78) was even more curious as it
seemed to lack a basis other than the town had written a letter questioning the validity of the
numbers. He said that it was hard to have faith in numbers that someone else had developed and
yet there was an entire infrastructure at work to move toward these outcomes. He said it seemed
to him to be a huge waste of human effort.
Councilmember Fredericks commented that planning had standard practices and models that it
utilized, as did other disciplines. She said that these models were also important to mobilize
political will; further, they were long-range plans and could be adjusted as time went on.
Fredericks said the ABAG numbers were generated by a model to predict j ob-housing growth
projections. She said that when a city or town wrote a letter to ABAG, providing additional data,
the models could be adjusted. However, she said that there was no way a single planner could
really explain the modeling dynamic. She said that it was somewhat like explaining religion,
except that one could adjust the numbers.
Councilmember Collins agreed that the process seemed to be based partially on faith. He said it
reminded him of some presentations of business plans written by people who had never had a
business. Collins said he would like to see more concrete evidence of the data and that if it
methodology was too complicated to explain the process, perhaps the town should not engage in
the game.
Town Council Minutes #09 -2012 May 2, 2012 Page 3
Vice Mayor O'Donnell asked who [if not ABAG] was directing this program and whether the
Town really wanted to continue along this path.
Mayor Fraser asked for public comment.
Helen Lindqvist, Tiburon resident, said that all of the legislation (AB 32 and SB 375) should be
thrown out because it was an outcome of the Global Warming Solutions Act and was no longer
accepted as real science. She said this was planning based on false claims, that C02 gas was
water vapor and the "gas of life"; she stated that "the globe is not warming". Ms. Lindqvist
invited interested parties to attend a conference in Chicago later in the month to learn more.
Mayor Fraser thanked Ms. Jackson for her presentation and said that the comments of the
Council were not to be taken personally. Ms. Jackson said she understood the frustration and that
she would be available to come back to the Council to discuss the topic further as the process
continued.
CONSENT CALENDAR
1. Town Council Minutes - Adopt minutes of April 18, 2012 regular meeting (Town Clerk
Crane Iacopi)
Mayor Fraser and Councilmember Fredericks said they had submitted changes to the minutes.
2. Construction and Demolition Ordinance - Adopt ordinance amending Title IV, Chapter
13 (Building Regulations) of the Town Code to establish regulations and requirements for
recycling of construction and demolition waste (Director of Community Development
Anderson)
MOTION: To adopt Consent Calendar Item Nos. 1 and 2, as amended.
Moved: Collins, seconded by Fredericks
Vote: AYES: Unanimous
ACTION ITEMS
1. Shoreline Park Special Event Permit Application - Consider request by Rotary to hold a
special event in Shoreline Park on May 27, 2012 from 5:30 until 9:30 p.m. (Town
Manager Curran)
Town Clerk Diane Crane Iacopi reported that an application had been submitted for the event and
that staff sought direction from the Council as to the request for closure of Paradise Drive, as
well as consideration of a variance to the Town's Shoreline Park Policy which limits large events
in that area to no more than one per consecutive 30-day period.
Town Council Minutes #09 -2012 May 2, 2012 Page 4
The Town Clerk said that the Classic Car Show was scheduled for June 16, and was always held
on Father's Day weekend. She noted the May 27 event could not be moved because it coincided
with the 75th anniversary of the Golden Gate Bridge.
Councilmember Collins asked about the reasons for limiting the events on Shoreline Park [in the
Town policy] to four per year. Town Clerk Crane Iacopi said that the policy had been drafted by
the previous police chief, Matt Odetto, but that it appeared to be a figure based on the number of
recurring events in that area, as well as a number that did not overwhelm the area and adjacent
neighbors.
Mayor Fraser asked if this policy might be revised if Council deemed it appropriate to do so.
Town Manager Curran said that the policy could indeed be brought back for review by the
Council.
Judith Wilson briefly spoke. She said that Rotary had contacted the Pt. Tiburon Homeowners
Association, as mentioned in the Town Clerk's earlier report. She said the Board had given its
endorsement to the proposed event, if it were managed the same way as the Classic Car Show.
Janice Anderson-Gram said that people would come to see the fireworks in any event, and being
able to close Paradise Drive would actually eliminate the traffic problems associated with cars
driving up and down the shoreline looking for a place to park. She said it was a way to "contain"
the event. Councilmember Fredericks commented that the detour (resulting from the closure)
might also force more cars into the surrounding neighborhoods.
Mayor Fraser asked if there was any public comment. There was none.
Councilmember Fredericks said that she would support the event if it did not involve the use of
limited staff resources and time.
Councilmember Doyle said that he loved these kinds of community events and that it was a great
setting for it.
Councilmember Collins concurred and said it was a good way to manage the fact that people
would be coming to town for the celebration already, as well as a way to involve locals in the
event; he said he was sorry he would be unable to attend.
The Council concurred with the staff recommendation to move forward with the event planning,
as described in the permit application and staff report.
2. Tiburon Boulevard Relinquishment - Approve "Letter of Interest" to CalTrans to
commence process of Town consideration of whether it wishes to take over a portion of
Tiburon Boulevard between Lyford Drive and downtown (Town Manager Curran)
Town Council Minutes #09 -2012 May 2, 2012 Page 5
Town Manager Curran said that relinquishment of a portion of Tiburon Boulevard had been
touched on at the Town/Council staff retreat and that staff had been given direction to do a
detailed analysis of the cost benefits and risks associated with this proposal.
Since that time, the Town Manager said that the downtown committee had suggested pursuing
parallel tracks by "launching the process" through sending a letter of interest to CalTrans, at the
same time continuing with the detailed analysis.
Town Manager Curran noted that the Town could withdraw at any time from the process of
relinquishment; she said the decision was whether to send the letter now or wait until a more
detailed analysis had been done.
Mayor Fraser asked for clarification on the portion of Tiburon Boulevard being considered for
relinquishment. He said at the retreat, the portion between Mar West Street and downtown had
been discussed but the draft letter stated it was between Lyford Drive and downtown.
Town Manager Curran said that the idea was to evaluate the entire area up to Lyford Drive,
because of the parking management issues related to the Lyford Parking project, also under
consideration on the agenda tonight. She said it was ultimately up to the Council to decide which,
if any, portion of the roadway should be relinquished to the Town, but that having the letter to
Caltrans and the analysis cover the broader area seemed prudent right now.
Mayor Fraser asked if there was any public comment. There was none. He asked for Council
comment.
Councilmember Fredericks urged adoption of a [two-year] capital program before making any
decisions one way or the other. She said that an actual budget program was needed to use as a
basis for the analysis; she asked what the hurry was to send a letter of interest at this juncture.
Fredericks said that she questioned why the Town would want to take on a portion of Tiburon
Boulevard; she said that breaking up a short length of state highway into pieces had led CalTrans
to place pressure on other jurisdictions to take the entire length of the highway under its
jurisdiction. She said there were many expenses associated with the maintenance of the state
highway, including the maintenance of bus pull-outs which were both expensive and represented
additional liability. Overall, she cautioned against taking on the long-term costs of maintaining a
state highway.
In response to the idea that the Town could withdraw its letter of interest at any time, Fredericks
said that it would be more responsible to wait to send the letter based on an informed decision,
and act in good faith. She said she would not support sending the letter until the cost/benefit
information was available.
Town Council Minutes #09 -2012 May 2, 2012 Page 6
Vice Mayor O'Donnell asked if she would support the cost of undertaking this study ($5,000 -
10,000). Fredericks replied that knowing which capital projects would warrant [relinquishment]
would be of benefit to the Town.
Councilmember Doyle asked if the Town needed the CalTrans studies in order to make its
decision. Director of Public Work/Town Engineer Nguyen said no, that they only would show the
benefits to CalTrans and not the Town.
Town Manager Curran said that CalTrans had indicated its willingness to work with the Town at
this juncture and had dispelled the notion that the Town would have to take on more of the
Boulevard. She agreed that it would be prudent to ensure that there were no unintended
consequences and that the Town would have the ability to walk away from the process. Sending
the letter now would gain the Town a couple of months in the process, according to Curran.
Vice Mayor O'Donnell said that the Town had spent an enormous number of hours of staff time
already negotiating with CalTrans on projects such as the Lyford Drive Parking area, the
installation of the security cameras, and the like. He said if you wanted a tree, it was a good idea
to put it in the ground now. That being said, O'Donnell also agreed with Councilmember
Fredericks' suggestion to produce a two-year capital program for the Town Council's review.
Councilmember Collins said that the relinquishment process, thought to take two years, might
actually take longer due to State budget cuts and the like. He said he favored undertaking the
process now because it did not represent a commitment by the Town. He said that the language in
the letter might be strengthened to state that that Town's request was contingent upon its ability
to withdraw at any time.
Town Manager Curran said that language stating that the town could withdraw at any time was
already in the letter. Councilmember Fredericks said that Councilmember Collins' language was
stronger and that she could support this approach.
Mayor Fraser asked if the following statement was true, that sending the letter did not expose the
Town to any downside. Town Manager Curran said that was correct.
Mayor Fraser said that there appeared to be consensus to proceed.
Town Manager Curran said that Councilmember Collins' language would be incorporated into
the letter. She also said that staff would proceed with the cost/benefit analysis, as directed by
Council at the retreat.
MOTION:
Moved:
Vote:
To direct staff to send the letter of interest to CalTrans, as amended with language
provided by councilmember Collins.
O'Donnell, seconded by Fredericks
AYES:
Unanimous
Town Council Minutes #09 -2012 May 2, 2012 Page 7
3. Lyford Drive Parking Lot - Accept plans for upgrades to parking lot and authorize staff
to seek bids for project (Director of Public Work/Town Engineer Nguyen)
Director of Public Works/Town Engineer Nguyen gave the report. He said the Council had
approved a design concept in 2009, and that in 2010 staff proceeded with the engineering and
fleshing out of the project design. Nguyen said that 2011 brought new revisions with the addition
of undergrounding and input from neighbors in Belvedere regarding the scope of the work. He
said that the design and bid documents are now complete and he reviewed the engineering and
design costs with the Council. Nguyen said the engineering, design and contingency costs of the
project totaled $1.52 million, with three sources of funding-a grant from TAM in the amount of
$314,000, Redevelopment Agency funding in the amount of $290,000, and an infusion from the
General Fund in the amount of $913,000, based on Council approval.
Director Nguyen said staff was seeking authorization to solicit bids which would be brought back
to Council for final approval prior to award of the contract. He said that the Town had also
negotiated a draft maintenance agreement with CalTrans. However, he said this agreement would
need to be adopted by way of a resolution, as required by CalTrans.
Vice Mayor O'Donnell asked if it would be worth waiting to execute the agreement while the
Town worked out the details of how it wished to manage the parking at the lot. Town Manager
Curran said that it had been a long, difficult process to negotiate an agreement with CalTrans and
she recommended that the Town execute it to have it in place and something the Town could rely
upon being completed.
Councilmember Collins noted that the agreement would be subject to the project actually going
forward. Town Manager Curran agreed, noting that it would have no force or effect if the project
was not built.
Councilmember Doyle asked whether parking meters were being contemplated for the project.
Councilmember Fredericks commented that the Town Manager had noted that meters were not
revenue generators but rather a parking management tool. Town Manager Curran agreed. She
further noted that the Town Engineer and Town Attorney had done an excellent job working with
CalTrans to remove most of the restrictions related to the Town's prerogatives in maintaining the
lot, but that the Town was not free under the agreement to charge for the spaces.
Mayor Fraser asked what the climate for bids was and whether Town staff was confident it could
obtain bids based on the engineer's estimate. He cited the challenges of the bid process in the
Ned's Way project.
Director Nguyen said that he was much more confident with the Lyford Parking project as it was
a straightforward civil engineering project and that the core data was much more within the
Town's control. That being said, the Town Manager said that it was yet to be seen what the bids
Town Council Minutes #09 -2012 May 2, 2012 Page 8
would yield, and that "we won't know until we know". She reiterated that staff would bring the
bids back to Council for its review and approval.
Mayor Fraser asked if other specifics of a parking management plan had been contemplated, such
as who would be allowed to park in that location. He suggested that the project should bring
some benefit to the residents of the community.
Town Manager Curran said that while no specific plan was in place, it was generally understood
that there would be roughly the same number of spaces and that a certain number of spaces
should be set aside for ferry riders and other commuters, maybe utilizing a pass system. She said
that the purpose of the TAM grant was for multi-modal transportation; she added that parking for
job workers would also be permitted, based on this criteria. She suggested that a test over time
approach be taken.
Vice Mayor O'Donnell asked whether an agreement had been finalized between the Town and
the City of Belvedere and Mr. Kern for landscaping costs. Director Nguyen said that the City of
Belvedere would install the landscaping; he said the agreement with Mr. Kern was to be worked
out between the parties (City of Belvedere and other private parties).
Town Manager Curran clarified that the City of Belvedere would be responsible for water and
power to the project, as well as landscaping below the retaining wall.
Mayor Fraser asked for public comment. There was none.
MOTION: To authorize solicitation of bids for the Lyford Drive parking project and
authorize the Town Manager to execute an agreement with CalTrans, subject to
the adoption of a resolution.
Moved: Collins, seconded by Fredericks
Vote: AYES: Unanimous
TOWN COUNCIL REPORTS
None.
TOWN MANAGER'S REPORT
Town Manager Curran proposed cancellation of the May 16 meeting, except for a closed session
that was yet to be scheduled. She said the next regular meeting would be Wednesday, June 6.
Council concurred with this recommendation.
Town Council Minutes #09 -2012 May 2, 2012 Page 9
WEEKLY DIGESTS
• Town Council Weekly Digest - April 20, 2012
• Town Council Weekly Digest - April 27, 2012
ADJOURNMENT
There being no further business before the Town Council of
adjourned the meeting at 9:20 p.m.
JIM
ATTE 'DIAN CRANE IAQOPI, TO CLERK
Town of Tiburon, Mayor Fraser
YOR
Town Council Minutes #09 -2012 May 2, 2012 Page 10