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HomeMy WebLinkAboutTC Min 1994-06-13 ,-., TOWN COUNCIL MINUTES , CALL TO ORDER Mayor Nygren called the regular meeting of the Town Council of the Town of Tiburon to order at 7:35 P.M., Wednesday, June 15, 1994 in Room 5, Del Mar School, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Ginalski, Thayer, Thompson, Wolf, Nygren ABSENT: COUNCILMEMBERS: None EX OFFICIO: Town Manager Kleinert, Town Attorney Ewing, Town Engineer Bala, Police Chief Herley, Planning Director Anderson, Town Clerk Hennessy B. APPOINTMENTS TO COMMISSIONS BOARDS. COMMITTEES ~ There were none. "- C. PUBLIC OUESTIONS AND COMMENTS CENTRO WEST Frank Buscher, 1751 Centro West, brought samples of dust taken from Centro West to demonstrate the deplorable condition of the street; asked Council for consideration of repairing Centro West. The Mayor noted Pavement Management Systems has just completed a study of all the streets in the city done on a computerized scale and rating. Mr. Buscher stated his concern is the heavy traffic on their street. Frank Brooks, Centro West, stated it has only been overlayed once in 27 years. TIBURON PENINSULA FOUNDATION ~ Barbara Mathew, President, Tiburon Peninsula Foundation, stated they were recently contacted by the Gordon Strawbridge Trust and they have offered $30,000 to be donated to the Town to commission the art work for a statue of Blackie to be placed in the Pasture; the Foundation has interviewed several artists and selected Albert Guibara; there is a deadline of July 7 to respond to the Trust, therefore, she requested the Council agendize this matter for the July 6 meeting. Council agreed. TOWN COUNCIL MINUTES #1019 6/15/94 1 "..... D. COUNCIL. COMMISSION OR COMMI'ITEE ORAL REPORTS . TOWN'S 30th ANNIVERSARY , The Town Manager reviewed the highlights of the three day celebration. E. CONSENT CALENDAR The Mayor noted a correction on the May 24 minutes. MOTION: To approve the Consent Calendar consisting of the following items: ~ ~ 1. APPROVAL OF MINUTES #1016, May 24, 1994 as corrected; #1017, June 1, 1994 2. FISCAL YEAR 1994-95, ARTICLE Xll-B. APPROPRIATION liMIT - Resolution 3. 1994-95 POINT TIBURON COMMUNITY FACILITIES DISTRICT TAX'LEVY - Resolution 4. NOTICE OF ACCEPTANCE - APOLLO STREET REPAIR - Resolution 5. CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD (Approve Application for a 1993/94 Used Oil Curbside Collection Promotion Grant - Resolution) 6. MEMORANDUM OF UNDERSTANDING (Town and Marin Association of Public Employees) Moved: Vote: Ginalski, Seconded by Thompson AYES: Unanimous NOES: None F. UNFINISHED BUSINESS 7. NEW TOWN CENTER PROGRAM (Discuss Future Program Plans) The Town Manager noted that the ballot Measure received considerable support but did not receive 2/3 voter approval; reviewed the Staff report and enumerated ideas that might be considered. CounciJmember Wolf asked to be recognized, and presented a prepared statement which included three possible options for a New Town Center, which included two options for the current site at Ned's Way and the third a downtown Town Hall with the Police Department remaining at Ned's Way. Option III would be a very limited development at Ned's Way; proposed site is Beach Road and Tiburon Blvd.; proposed 7,500 sq.ft. building with limited parking. ~ TOWN COUNCIL MINUTES #1019 6/15/94 2 ,,-- ~ In response to Councilmember Thayer, Councilmember Wolf stated she wrote her proposal this date. In response to Vice-Mayor Thompson, Councilmember Wolf stated she felt Option III could be built without a bond measure. In response to Councilmember Ginalski, Councilmember Wolf stated last October she wrote a letter expressing her concerns, and she met with Mayor Nygren, Hal Edelstein and Eric Glass prior to the election; stated at every point, she got the same response as every citizen got "let me explain why you are wrong and why you don't understand". Councilmember Ginalski stated that the Council asked Councilmember Wolf to work with them and she rejected the Council. Councilmember Wolf responded that she was not talking about minor adjustments like removing the cupola. Mayor Nygren stated the only thing mentioned was eliminating the community room. Councilmember Wolf stated she was speaking of a scaled down and simplified project; stated her comments are exemplified in Jim Reynolds letter that addresses the roof; reduce amount of excavation; the original concept was to have minimum excavation; stated original assumption why the site was selected was the amount of excavation; a lineal roof. '-' ~ In response to Mayor Nygren, Councilmember Wolf stated Option III includes building a new Police Department, including an Emergency Operations Center, for a total of 5,400 sq.ft. which is 77% more than they currently have. In response to Mayor Nygren, Councilmember Wolf stated the proposed receipt of $600,000 for sale of 1 1/2 acres at Ned's Way is based on a 1989 appraisal; proposed a lease/option with Mr. Zelinsky; was not guaranteeing numbers but proposal gives an idea of what options the Council can consider. John Foresman, 28 Marinero Circle, stated his biggest problem was the attitude; always had the feeling the Council wasn't listening; suggested getting to a position to discuss costs; get construction people in who can keep track of how much changes really cost; objected to parcel tax. Larry Smith, 943 Owlswood, former Mayor, suggested the Council look forward and solve the problem; thought the Council might be able to downsize the building a little and move percentage of voters up and get 2/3 vote; liked what Councilmember Wolf has done; in favor of going downtown; also in favor of leasing some land on Ned's Way for a senior care facility which is a minimum amount of traffic and maximum dollar flow and provide something in the community we could all benefit from; money can underwrite the whole downtown building; hoped the Council would give it serious thought. l-- TOWN COUNCIL MINUTES #1019 6/15/94 3 ,....... t Marylyn Siewert, 146 Hacienda Drive, Planning Commissioner, disturbed the discussion is going backward; stated circulation problem downtown is ridiculous; Ned's Way offers nice circulation; didn't think this was the forum to discuss location; thought it was disgusting how Town employees have to work; the Council needs to make a decision. Ms. Siewert stated she was not wedded to the design of the building; construction costs won't go down by just reducing'square footage; stated the Town had very demanding design review controls and they have to make articulations and didn't see why the Town Hall should be exempt from these guidelines and architectural interested we demand of houses; to make it into a flat ugly building is ridiculous; need something that exemplifies the community; hoped the Council would continue with basically the same proposal and get more education out into the community. Janet Kamp, Tiburon Ecumenical Association, asked Council to consider low income and seniors already in the community and widening Ned's Way and providing extra parking will make life easier for residents of Hilarita; other considerations were discussed such as cable installation, paved pedestrian walkways from crosswalk to the bike path; stated all these concerns were discussed with the New Town Center Standing Committee. Sally Burns, President, Hilarita Tenants' Association, didn't understand the concept of moving the Town Hall downtown; didn't understand more. senior housing; Hilarita has 102 units; didn't understand why this option has been brought up after the election. ~ Uz Black, 25 year resident, stated a New Town Hall is a recognized need; heard acrimony; suggested the Council unveil options and come to an agreement of what the community wants the Town Hall to be in the future. Fred Hannahs, Ridge Road, stated there is a perception of arrogance on the part of some of the people pushing the Town Hall; referred to Hillhaven Assessment District and the compromises worked out; stated it takes a certain amount of willingness to look hard and past antagonism; cautioned against getting into the finances or overbearing perception of arrogance; he personally could not support the Town Hall measure because of the finances; stated the Tiburon fire station will be paid for in 12 years; stated revenue came from annual tax and some revenue from City of Belvedere. Carl Bellini, Vistazo West, stated he thought the Town was lucky to have Nicky Wolf on the Council and that she should be applauded for her bravery to come forward and take on the issues; hoped the Council would work with her. t~ Mirella Abbo, 90 Rowley Circle, stated she voted for each of them; their behavior was surprising; stated they were fighting Nicky every step of the way; she got elected to the Council; we look to you for guidance; the Council has to bring the issue together as a cohesive unit; you have skewered Nicky and don't give her a chance; stated she lost interest in the proposal because she was watching the hysterics; asked Council to please TOWN COUNCIL MINUTES #1019 6/15/94 4 I listen to the citizens; stated the Utility Tax was a lesson; the community wants to work with the Council; stated arrogance is a viable word; noted she wants a new Town Hall. In response to Mayor Nygren, she stated she would be in favor of an assessed valuation tax. "" Fran Mayberry, former Councilmember, thought it would be too expensive to go into options but there might be ideas that the architect might take a look at and see if there is some way the original plan may be modified so that there would be less expense and an easier way to pay for it; thought the site is a good one; have to try to accept other people's thoughts and suggestions; would like the Council to take the original plan and modify it. Pat Kellett, 44 Meadowhill Drive, wanted Town Staff to know that everyone in Town wants them to have facilities that are workable and enjoyable; noted Ark letter from Jim Reynolds suggested how to move forward; would like the Council to respect the debt burdens residents have to pay; stated there is a trend toward privatization and there will be more leased facilities; thought the Council should put together a new committee and move forward. In response to Mayor Nygren, Ms. Kellett stated she hadn't had an opportunity to analyze parcel tax compared to assessed valuation tax; stated she was willing to serve on a Committee; suggested getting more homeowner associations involved in the process. ~ Alan Uttman, 100 Rolling Hills Road, agreed a new Town Hall was needed; stated it is a community decision; suggested the Council table the issue for 30 days; come back to the issue with an attitude that you will agree and go back to the community. Ann Marie Maher, 951 Owlswood, stated she thought the Town Hall should be smaller; community wasn't listened to before the election; felt the Town spent money to support this plan; excited by the options presented by Councilmember Wolf; preferred Option III; hoped there would be more discussion on the options. Randy Greenberg, 45 Norman Way, Planning Commissioner, sensed there were a lot of people who have come to the meeting for the first time and opposed the plan presented in Measure M; didn't consider it a failure; believed the issue can be resolved through participation and knowledge; current Town Hall site is not her preference; didn't love the design but it meets the needs; there were compromises; encouraged everyone to come to the meetings and become aware; would argue against site downtown; current 5700 sq.ft. building proposed for the site would include all on site parking; if the building is bigger, people will have to park further away; didn't think it would be functional; would encourage not opening up the site location again. k Bruce Ross, 1807 Centro West, former Mayor, believed options Councilmember Wolf presented need to be looked at; asked Council to open up dialogue; noted Mr. Zelinsky is very sensitive to his place in the community and didn't want to move forward with his TOWN COUNCIL MINUTES #1019 6/15/94 5 . proposal till after the election; had meetings with Mr. Zelinsky to explore ideas; stated Mr. Zelinsky prefers downtown for a new Town Hall; perhaps a mutually beneficial agreement could be reached with Mr. Zelinsky such as a lease purchase agreement. ,-.. Carolyn Garretty, 283 Karen Way, stated she has worked in the construction industry for 30 years; stated she reviewed the specs and there is room for improvement; liked what Councilmember Wolf has done; hoped the Council was listening to what the people are saying; found behavior this evening appalling; when her neighborhood got a presentation they were told it was a done deal; willing to work on the project; willing to review specs; questioned 37 lockers in the police department plans. Diane Ashley, Marin Land Company, stated as a business person she was interested in what happens downtown; stated many other business people would like to see the Town Hall downtown; regarding traffic, she noted many in the community could walk; thought the Council should pursue Councilmember Wolfs options. J-- Neil Stanley, 90 Rowley Circle, bothered by comments that the Council can find a way to build Town Hall without a vote; stated he got involved when the Utility Tax got voted on without a vote; noted this country was founded on tyranny without representation; stated as citizens of Tiburon, they deserved the right to vote on the issue; stated if the Council intended to try to build a Town Hall and indebt the community, he will run up and down Tiburon Blvd. screaming until someone listens; fully supported efforts to build a new Town Center provided the Town has a right to vote. Vice-Mayor Thompson stated in no way did he want to circumvent the public; asked Mr. Stanley if the Town has to vote if the Council finds a way of financing the project, if it doesn't cost the taxpayers anything, and didn't need a bond measure. Mr. Stanley stated if the Town can raise the money by selling or leasing the land at Ned's way, it would be acceptable to him; didn't think the Town would have to go to a bond measure. Nat Marans, Spanish Trail, stated over the past ten years the downtown, Point Tiburon, Mar West has been considered; the geologics of downtown don't allow placing an administration building there; stated current land is only solid piece of ground. John Kern stated he was really concerned the Town didn't have a functional Emergency Operations Center; asked Council's permission to meet with the Town Manager to come up with a functional EOC; thought there was a possibility of doing it without expenditure of Town monies. The Mayor noted there was a recenlletter from Fire Chief Rosemary Bliss stating they are not interested in having an EOC at their site because it would be detrimental to the operation of the fire station. Mr. Kern stated there are portables available. ~ TOWN COUNCIL MINUTES #1019 6/15/94 6 r Jeff Knight, 615 Ridge Road, Chairman of the Citizens to promote the Town Hall, stated one of the most discouraging things is that 55% of the registered voters didn't bother to say yes or no; interesting and innovative proposals that deserve concern and scrutiny; politics is the art of compromise; hoped within a short period of time to find a common ground; should put this issue on the November ballot; make changes we hope will get the 2/3 vote. Vice-Mayor Thompson stated he honestly believed if there was a redesign of the current plan, the Town would get less for more money; wanted to get out of the vicious circle; the need for a 2/3 vote has handicapped municipalities; stated everyone agrees Town Hall is a necessity and not a choice; need to focus on a solution that doesn't require a bond measure; wanted a program that can be achieved and stop throwing money away; stated he ran on a platform of a Town Hall downtown; need to bring people into the democratic process; Town Hall in the downtown area brings people into the process. '-' ~ Councilmember Wolf stated they are not suggesting a flat ugly building; stated an ad valorem tax versus a parcel tax will further the inequities of Proposition 13; believed there should be an exemption for low income seniors. Councilmember Wolf detailed the inequities created by Proposition 13; volunteered to head a new Committee; stated Ned's Way site was not sacrosanct; it was chosen by the Site Selection Committee because the only other alternative was Point Tiburon which could not be revamped for the Police; the decision to build at Ned's Way was based on design assumptions; those assumptions were then ignored; cited a shower in the administration building was not recommended by the Committee and it remained for a considerable amount of time before the plumbing was removed; whatever the Town does to go forward has to be managed in a much tighter fashion. Councilmember Ginalski stated the Town Council needs to decide if we are going to go forward quickly or whether to analyze different sites or different options; August 12 is deadline for ballot measure on the November ballot; suggested Jim Reynolds letter to the Ark serve as a blueprint for modifying the existing plan; stated he raised points that are legitimate and could serve as a nice plan to go forward; would like to look at ad valorem vs. parcel tax; stated essence of democracy is to agree to disagree; willing to work with Councilmember Wolf and move forward. l~ Councilmember Thayer stated he was optimistic; after the Utility Tax a lot of people said they would work hard; committees were formed and a lot of effort went into the project; there's an educational process involved; regarding Ned's Way he agreed with Randy Greenberg that geologically and spacewise; need to review space proposal of Councilmember Wolf. CounciJmember Thayer stated the Town has always avoided paying for its public facilities by giving up open space; low growth and slow growth has always been his position; if the Town's direction is shifting he wants to know it; suggested a new Finance Committee and Education Committee, and a space requirement study again; suggested getting more volunteers; look for closure so the TOWN COUNCIL MINUTES #1019 6/15/94 7 I"" Town can get to the November ballot; might need more time to do it right; library wants to be on the April ballot; costs will go up. '. Vice-Mayor Thompson asked how much should the Town budget to do redesign work to prepare for another election to risk another 2/3 vote. Councilmember Thayer stated he was not prepared to answer that question this evening. '"' The Mayor stated she was sorry to hear people so sour; Council feels frustration; they have spent a tremendous amount of time to get a new Town Hall; can't satisfy everyone; everyone has a different opinion; the Town did send an incredible amount of information thru 4 or 5 mailers; want to get a consensus feeling; suggested finding someone middle of the road; appreciated Councilmember Wolfs offer but thought if she takes the lead, people will vote against it; need a new representative who hopefully is a neutral person; it's nothing personal; agree we have to go to the voters; prevoiusly II looked at library site at Mar West and voted on sale of property at Ned's Way, and this ballot measure was overwhelmingly defeated; it is an option that was interesting but we have already been through it; regarding option 3 in the downtown area, the Mayor noted even the library is having problems due to pier constructions due to the mud and it is outrageously expensive, parking inadequate; didn't think breaking up Town Hall and the Police Department was the best function for the community; stated she would consider Option I; noted she met with Councilmember Wolf before the election and we both had different ideas of how to modify the building; Council was willing to work on it; willing to change design; it didn't happen; proposed the Council go to the electorate as soon as possible; would like to look at existing building modifications of design; asked Carolyn Garretty to make suggestions; didn't want to modify building to the point of losing functions of the building. Eric Glass, Roland/Millers & Associates, architects, stated the plans can be modified, but it takes thought to make sure you have a totally functional plan; will take a quick look at it to get a sense of what can be achieved; have been working with a very competent cost estimator. Councilmember Thayer stated Roland/Miller was chosen from over 100 architectural proposals primarily because they had an excellent record of coming in on cost. The Mayor stated she would like to relook at financing to see if there are any other packages. ~ Councilmember Wolf stated Tim Harris gave her figures on the fire station which equaled $158/sq.ft. which included piers and slabs; the current proposal is $205/sq.ft.; the cost of a building downtown is not an issue; stated there is another advanlage to Option III and that is the Town has sufficient funds to proceed immediately; it would allow the Town to phase construction; in 1979 the Police Department was gutted and redone and is in much better shape than Administration and Council Chambers; splitting TOWN COUNCIL MINUTES #1019 6/15/94 8 I the project would allow the Town to proceed immediately; if we tie it together everything will have to wait. ".... Councilmember Thayer stated he thought it was a poor solution; a quick fix that doesn't address the needs of the community; there is an element who would be willing to pay for facilities with higher density. The Mayor stated she would never proceed to say she is going to sell land and build downtown without going to the voters. Councilmember Wolf agreed and stated she would like to put it on the ballot. Councilmember Thayer wanted costs studied. In response to Vice-Mayor Thompson, the Town Manager stated the Town purchased 4 1/2 acres from the School District; the Town also purchased 2 additional acres from Marin Housing Authority that can only be used for public purposes. The Town sold 1/2 acre to the Telephone Company. The Town owns approximately 3 acres that includes community garden, child care center and Police Department. Counci1member Wolf emphasized she is leaving the two acre open space parcel alone; she is discussing selling 1 1/2 acres where the Administration building is now. J-, Councilmember Ginalski stated there wasn't enough time before the November ballot to look at different sites; suggested taking a hard look at Mr. Reynold's plan; would like to modify the current plan. Vice-Mayor Thompson asked how much the Council was willing to spend on redesign and did they think it would change the basic voter approval. Councilmember Wolf asked if the Council was willing to place downtown on the ballot. Councilmember Ginalski stated yes. In response to Councilmember Wolf, the Town Clerk stated the cost would remain the same for a ballot measure with two questions. Item continued to an adjourned meeting on Monday, June 27. 8. DONAHUE BUILDING LEASE (Status Report & Request for Direction) The Town Attorney reviewed the Staff report and asked Council for direction. Council discussed concerns with a 99-year lease. Beverly Bastian, Landmarks Society, stated there would be a problem getting donations for a museum without a 99-year lease; no one knows circumstances 3040-50 years ahead; the Society needs reassurance with a long term lease in order to seek grant funds. ~ TOWN COUNCIL MINUTES #1019 6/15/94 9 f'" , Diane Ashley, Chamber of Commerce, read letter expressing the Board of Directors sentiments, dated June 14, 1994, supporting 99-year lease by a unanimous vote. Virginia Brunini stated she thought community was behind a railroad museum; 30 or 99 year lease didn't make any difference; money wasn't in the Town coffers; thought the Council should recognize with gratitude the Landmarks willingness to do this for the community. Frank Buscher, retired Fire Chief, Centro West, member Northwest Pacific Railroad Society, stated he has memorabilia that could be placed in the museum; supported the Landmarks Society's request for a 99-year lease. Priscilla Tripp, BelvederejTiburon Recreation Department, admired the Landmarks Society, stated her concern is the terms of the beginning of the lease. The Mayor stated with the bond measure failing, the terms of the lease would allow the Recreation Department to stay for three years. Ms. Bastian stated they would expect the Recreation Department to remain for at least two years. The Town Attorney stated the Landmarks Society suggested two years and the Town has suggested three years, and there has been no further response. L , Mayor Nygren and Councilmember Thayer recommended a 50-year lease; Councilmember Ginalski stated he was willing to commit the Town to 50 years with an option to review depending on the needs of the Town at that time. Councilmember Wolf stated she didn't have a problem with a 99-year lease if the contract was appropriately written that nails down the appropriate use and doesn't allow the use to change; fully understand the need for fund raising purposes to have a long term commitment. Vice-Mayor Thompson supported the museum; didn't want to see offices; asked that it be addressed in the use section of the lease. Motion: To support a 99-year lease for the Donahue Building to the Landmarks Society with the provision that the use section adequately prescribes acceptable uses and unacceptable uses. Wolf, Seconded by Ginalski AYES: Ginalski, Thompson, Wolf NOES: Thayer, Nygren Moved: Vote: 9. DOWNTOWN FERRY DOCK FACIUTY (Request for Appropriation for Engineering Services) l The Town Attorney reviewed the Staff report; asked approval for the Town to pay for engineering services which will be refunded by the grant. TOWN COUNCIL MINUTES #1019 6/15/94 10 I"" Councilmember Ginalski suggested seeking a marine engineer volunteer. , Motion: Moved: Vote: To authorize engineering services up to $35,000 and seek a volunteer. Thayer, Seconded by Thompson . AYES: Unanimous NOES: None G. PUBLIC HEARING 10. FY 1994-95 TOWN BUDGET (Consider Adjustments to Previously Adopted Municipal Budget) Due to the lateness of the hour, the Town Council agreed to continue the budget discussion until July 6. The Town Manager noted there are 4 or 5 major areas, he wants to discuss with Council, i.e., revised business license ordinance; Greenwood Beach Road drainage project; street sweeping program; Town Hall and Public Works computer system and the pavement management study. He stated he also wants to proceed with items in the 1994-95 budget such as Centro West. The Town Manager also noted the Town Engineer will be stepping down in the Fall and this position will need to be discussed. J-- Because the Police Chief would be on vacation, Council directed appropriate questions to him. Councilmember Wolf questioned dispatching costs. The Town Manager stated they will provide a budget breakdown for dispatching. H. NEW BUSINESS 11. TOWN PUBLIC MEETING ROOM (Approve Change in Location - Ordinance, 1st Reading) . Council waived reading Staff report. Motion: Moved: Vote: To read by title only. Thayer, Seconded by Wolf AYES: Unanimous NOES: None The Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING SECTION 2-1 OF THE TIBURON MUNICIPAL CODE CHANGING THE LOCATION OF TOWN COUNCIL MEETINGS. k TOWN COUNCIL MINUTES #1019 6/15/94 11 ~ , Motion: Moved: Vote: To pass first reading of the aforementioned ordinance. Ginalski, Seconded by Thayer AYES: Thayer, Ginalski, Wolf, Nygren NOES: Thompson I. STAFF AND TOWN MANAGER REPORTS There were none. J. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Nygren adjourned the meeting at 11:57 P.M. to 7:30 P.M., June 27, 1994, Del Mar School Multi-Purpose Room to discuss the Town Hall issue. ATTEST: '--' ERESE M. HENNESSY, TOWN ERK ~ TOWN COUNCIL MINUTES #1019 6/15/94 12