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Home My WebLink AboutTC Min 1994-07-20 /. r-- 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, July 20, 1994 in the Multi Purpose Room of 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, Finance Director Stranzl, Town Clerk Hennessy B. APPOINTMENTS TO COMMISSIONS BOARDS. COMMITTEES "...._ There were none. C. PUBLIC OUESTIONS AND COMMENTS Don Batten commended the Public Works Department for their assistance during the 30th Anniversary Celebration and repair of Elephant Rock. The Mayor expressed concern regarding the recent vandalism of the new gazebo and asked Staff to agendize consideration of a Graffiti Ordinance. D. RECOGNITION OF SERVICES . Victoria Arnett - The Mayor presented her with a Resolution previously adopted commending her work on the historical background of the Donahue Building. . MARGO ZENDER-WIVIOTT (Parents Review Committee - Zelinsky Playground - Resolution) Motion: To adopt Resolution Commending Margo Zender- Wiviott for Outstanding Service to the Town Thompson, Seconded by Ginalski AYES: Unanimous Moved: Vote: r-- TOWN COUNCIL MINUTES #1025 7/20/94 1 r"' . NEW TOWN CENTER STANDING COMMITTEE - Resolution Motion: To adopt Resolution Expressing Appreciation to the New Town Center Standing Committee - Al Kuhn, Chairman; Hal Edelstein, Project Manager; Nat Marans, Harry Matthews, Michael Friedman, Mark Pressman, Kirk Hanson, Jim Wilson, Bob Kleinert, Russ Wischow, Jeff Knight Thayer, Seconded by Thompson AYES: Unanimous Moved: Vote: . PEGGY BREMER (Designed Town Logo) The Mayor presented Peggy Bremer with a plaque commemorating her design of the Town logo. . JIM LAVELLE (Design Review Board) The Mayor presented Jim Lavelle with a plaque commemorating his service to the Town on the Parks & Open Space Commission and Design Review Board. . RICHARD HILL (Parks & Open Space Commission) r"' ., The Mayor presented Richard Hill with a plaque commemorating his service to the Town on the Parks & Open Space Commission. . FRANCESCA McQUILKIN (Heritage & Arts Commission) The Mayor presented Francesca McQuilkin with a plaque commemorating her twelve years of service on the Heritage & Arts Commission. E. COUNCIL. COMMISSION OR COMMITTEE ORAL REPORTS . THE HILARITA PRESERVATION PROGRAM Hank Bruce, Tiburon Ecumenical Association representative to the Board, gave Council a status report on the creation of the CBO Hilarita for the purpose of buying The Hilarita; final draft of by-laws is being prepared and being reviewed by TEA and Hilarita Boards; gave brief financial review. . 30th ANNIVERSARY COMMITTEE Chairman Fanning reported the festivities were accomplished below budget; recommended a celebration every five years; suggested a picnic every two years. /- TOWN COUNCIL MINUTES #1025 7/20/94 2 1''' F. CONSENT CALENDAR MOTION: To approve the Consent Calendar consisting of the following items: 1. APPROVAL OF MINUTES #1021, June 27,1994 2. FY 1994-95 TOWN BUDGET (Adopt Amended Budget - Resolution) 3. APPOINTMENT OF ACTING TOWN ENGINEER (Appoint Dave Bracken between July 25 and August 26,1994 during Town Engineer's Vacation) 4. TIBURON POLICE OFFICERS' ASSOCIATION MEMORANDUM OF UNDERSTANDING (Approve MOU) 5. ACCEPTANCE OF MARINERO CIRCLE & MARINER WAY PROJECT - Resolution 6. ACCEPTANCE OF BLACKFIELD DRIVE STREET & DRAINAGE REPAIR- Resolution Moved: Thayer, Seconded by Thompson Vote: AYES: Unanimous NOES: None G. PUBLIC HEARING 7. HIGHLANDS 16 UNIT SENIOR HOUSING PROJECT I'"' a. Rezone Property from RPD to RMP (Ordinance, 2nd Reading) b. Approve Development Disposition and Loan Agreement with Ecumenical Association for Housing The Town Attorney reviewed the Staff report. The Mayor opened the public hearing. There being no comments, the Mayor closed the public hearing. Motion: Moved: Vote: To read by title only. Thayer, Seconded by Thompson AYES: Unanimous NOES: None The Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REZONING CERTAIN PROPERTY FROM RPD (RESIDENTIAL PLANNED DEVELOPMENT) ZONE TO RMP (RESIDENTIAL MULTIPLE PLANNED) ZONE ASSESSOR PARCEL NOS. 34-351-11 & 12. Motion: To adopt the aforementioned ordinance. Moved: Thayer, Seconded by Thompson 1''' TOWN COUNCIL MINUTES #1025 7/20/94 3 r'"' Vote: AYES: NOES: Ginalski, Thayer, Thompson, Wolf, Nygren None The Town Attorney reviewed the Staff report and asked the Council to adopt Resolution to authorize Executive director to enter into an agreement. The Mayor opened the public hearing. There being no comments, the Mayor closed the public hearing. Motion: To adopt Resolution Approving Execution and Implementation by the Tiburon Redevelopment Agency of a Disposition, Development and Loan Agreement for the Tiburon Highlands Housing Development and Taking Related Actions in Connection with Such Approval. Thayer, Seconded by Thompson AYES: Unanimous NOES: None Moved: Vote: 8. BLACKlE'S PASTURE (Approve POSC Grading Recommendations) Councilmember Wolf excused herself due to her residence being located within 300' of Blackie's Pasture. I""' Larry Smith, Blackie's Brigade Chairman, asked Council to approve the grading plan for the parking lots subject to the approval of the regulatory bodies that have jurisdiction of various aspects of the plan; plan approved over a year ago and grading plan was shown; approve separating the rip-rap part of the Bayside improvements to allow time to explore alternative methods of shoring up the shore; reviewed Blackie's Brigade plan; reviewed activities of the Brigade to-date including the grant monies and volunteer efforts; stated Parks & Open Space Commission has previously approved the plan. Dave Bracken, Acting Town Engineer, reviewed grading plan; will spread just enough dirt to provide drainage to the catch basin which will include fIlter systems; marsh can easily be implemented at a later date; providing 30' buffer between parking lot and small riparian area. In response to various questions from Council, Mr. Smith stated any changes imposed by other jurisdictions would be reviewed by Council; the Town has until June 1, 1995 to spend lDA grant funds; BCDC will review bayside improvements August 18 and they will endeavor to incorporate the grading plans with the approval process at that time; the Brigade will comply with all requirements, including the new run-off discharge regulations; a pasture mixture of grasses will be planted and people power, not herbicides, will be used to pull weeds. r' TOWN COUNCIL MINUTES #1025 7/20/94 4 '-.. r"' Town Engineer, Stan Bala, stated Perini Development Corp. paid $200,000 to create a flood channel in Blackie's Pasture; this channel is not a slough. The Mayor opened the public hearing. Doris Symonds reviewed letter dated July 14, 1994 she submitted to Council opposing grading plan. Barbara Salzman, representing Marin Audubon Society, cited marsh restoration projects which they have been involved with; reiterated their offer of assistance to implement the marsh plan; didn't have much money but had time; didn't want Council to approve anything that would make it difficult to develop the salt marsh at a later date; Audubon's policy is 100' buffer; against asphalt parking areas; opposed rip-rap; stated a marsh system didn't require maintenance. In response to Mayor Nygren, Ms.Salzman stated the marsh is a natural tidal system and at low tide there will be mud flats; when the tide comes you will see water. Vice-Mayor Thompson called a point of order; stated the discussion was way off the agenda item; asked if the Council was being set up for an overturning of all the Blackie's Brigade work. r"' The Mayor stated she was trying to make a determination whether to fill the area as proposed. , The Planning Director read Town Council minutes dated May II, 1993 which stated: "It was the consensus of the Council that the marsh program should not be pursued at this time, the area be cleaned up, parking organized and eventually some form of landscaping installed". Bruce Abbott, Greenwood Beach Road, stated Blackie's Pasture was the ugliest piece of property under public domain in the County of Marin. John Kern complimented Blackie's Brigade and thought grading plan was very modest. Bruce Ross agreed with Mr. Abbott. Dick Hill, former Parks & Open Space Commissioner, asked whether the area should remain a mud hole during the winter or organized parking and grassy area. Ellen Rony, 21 Juno, reviewed Water Quality Control's jurisdiction; reviewed April 1992 approval; wants to see the area restored to its natural environment. AI Kuhn stated previously approved plan cost over $1 million; the proposed plan was balanced and will not prevent restoration of the marsh at a future date. r TOWN COUNCIL MINUTES #1025 7/20/94 5 I""' I Lisa Klairmont, POSC, asked Council to consider Audubon Society's offer. The Mayor closed public comment. Councilmember Ginalski supported Audubon's offer to seek funds; Councilmember Thayer noted minutes reflect unanimous adoption of POSC recommendation for Bayside improvements; 3-1 consensus supported parking with suitable oil traps; grading plan is consistent with what was adopted December 1; appreciated Audubon's efforts. Vice- Mayor Thompson didn't think the marsh was a good idea in this location. Mayor Nygren thanked Audubon Society; stated she wasn't opposed to the plan to proceed; preferred gravel parking lot; agreed not to approve rip-rap; supported Audubon Society' offer. Motion: To approve the plans as presented for the Blackie's Pasture grading plan subject to whatever approvals of regulatory bodies that have jurisdiction. Moved: Thompson, Seconded Thayer Mayor Nygren stated she could support the motion if the Council added that a majority would like, and at the same time, appreciate the Audubon Society's pursuing funds. Councilmember Thayer noted that matter was not on the agenda. Vote: AYES: Ginalski, Thayer, Thompson NOES: Nygren ABSTAIN: Wolf r , Motion: Moved: Vote: To remove the request to install rip-rap from the Bayside plan. Thayer, Seconded by Thompson AYES: Unanimous H. UNFINISHED BUSINESS to. NEW TOWN CENTER PROGRAM a. Recap/Summary of Program Options b. Review Cost Estimate Data c. Select Final Program Option d. Discuss Financing Methods e. Initiate Discussion of Proposed Ballot Wording Eric Glass, Roland/Miller Associates, reviewed the four options prepared to modify Measure M plan; Council agreed on hybrid of Options II and III; reviewed the changes. Vice-Mayor Thompson emphasized the need for an alternative; introduced letter from Ed Zelinsky and Barbara Abrams. r"' t TOWN COUNCIL MINUTES #1025 7/20/94 6 r"' John Kern recommended an advisory vote on alternate plan on the November ballot. I In response to Judy Bloch, Vice-Mayor Thompson stated the Police Station construction at Ned's Way on the alternate plan could begin right away. Nat Marans objected to 19 units being built at Ned's Way; questioned purchase of Beach Road site. Vice-Mayor Thompson explained lease option plan. In response to Fred Hannahs, Councilrnember Wolf stated the Beach Road lot was 18,000 sq. ft. Mr. Peter Morris, Adamson Associates, reviewed construction cost estimates for both alternatives; no other fees were included. Hal Edelstein stated he agreed with recommendation to proceed with parallel plan B but as long as focus is working on getting the bond passed; hoped all alternatives are considered; stated there might be other locations. The Mayor opened the public meeting. Bob Ross stated he liked Vice-Mayor Thompson's proposal; stripped down version of original plan is a viable option; both choices are two good things. 1'''' , Bob King, Chamber of Commerce, supported a downtown plan. Paul Schrier, Belveron resident, stated schools, open space and streets are priorities of concern; thought issue of Town Hall is not where but question of dollars; suggested supporting the revised plan and if it fails look at other alternatives. Yvonne Thurmond stated there is a community committee that would like to see planned health care facility at Ned's Way instead of townhouses. Miles Berger, 14 Raccoon Lane, stated he was intrigued by downtown proposal. Ann Marie Maher, 951 Owlswood Lane, supported downtown proposal; preferred senior facility at Ned's Way; liked option that if the bond measure didn't pass, they have the option of the downtown plan. Joe Keller thought bond measure would fail; showed Council copies of literature used during the last campaign. Mary Deffenderfer, Reed Ranch Road, stated she wanted the issue on the ballot. r"' , TOWN COUNCIL MINUTES #1025 7/20/94 7 1''' Larry Smith stated the Town needed to seek advice from the school district and Last Chance Committee to get voters out; a special election is easier; Council needs an alternate no bond plan. In response to Ann Ross, Reed Ranch Road, Councilmember Wolf stated they estimate receiving about $1.4 million from the sale of 1 1/2 acres of Ned's Way property; they estimate townhouses would sell for $375,000 each; would also like to investigate health care facility. Ms. Ross asked Council to get answers and publish them in the Ark so people can study them. Harry Weinblatt noted he has to hold $20,000 in the bank each year at 4% interest for $80. Fred Hannahs asked Council to look at all alternatives and give more thought to financing than 35-40 year proposal. Pat Kellet, 44 Meadowhill, in favor of downtown plan. Denis Rice thought will of the people was to put Town Hall at Ned's Way; majority doesn't build Town Hall; must have fall back issue. r In response to Jeannette Harrington, the Mayor stated no decision has been made whether the administration building will be constructed as an essential services building; additional cost would be approximately $50,000. The Mayor closed the public hearing. Mark Pressman reviewed financial costs of Ned's Way modified program; stated the proposed limited tax obligation bond is technically different from Mellow Roos; non- rated issue; reviewed different percentages based on terms; 5% fudge factor; Council would be setting maximum terms of the bonds; proposed January 1995 sale of the bonds. Councilmembers Thayer, Ginalski and Mayor Nygren spoke to why they supported the Ned's Way revised plan. Vice-Mayor Thompson and Councilmember Wolf spoke to the need for alternative plans and the proposed Beach Road no bond proposal. Motion: To adopt the revised Measure "M" Ned's Way Option II approach to place on the ballot in November a bond measure to finance construction of revised Option II and proceed to meeting on Tuesday, July 26 to discuss details of the proposal. Moved: Thayer, Seconded by Ginalski r"' ,. TOWN COUNCIL MINUTES #1025 7/20/94 8 r I Vice-Mayor Thompson asked that the motion reflect the Council's willingness to investigate a no tax option. The consensus of the Council was to concentrate on one project at a time. Vote: AYES: NOES: Ginalski, Thayer, Nygren Thompson, Wolf Vice-Mayor Thompson asked Council to pledge their willingness to investigate alternative methods of building a Town Hall. Councilmember Ginalski stated he would pledge to analyze any option Vice-Mayor Thompson or anyone else comes up with; stated it was paramount importance the Council is unanimous on the bond measure. Mayor Nygren stated she would consider another option if it was one the voters could vote on and one that not only looks at the money but the practicality of the far reaching, long term impacts of what would be done to the community by having the option Vice- Mayor Thompson was proposing; if he could propose an option without impacts to the community she would consider it. Councilmember Thayer urged Council to proceed with revised Measure M. Vice-Mayor Thompson stated he would support a new motion if there was cost control. Councilmember Wolf stated the Town should not spend any money; thought the brochures that were sent out for Measure M were promotional and not legal; willing to go along with a ballot measure and give people a choice; stated the Council has got to stop spending money without the approval of the voters; she had no problem with an advisory ballot. 1'"" Eric Glass reviewed proposal to prepare some drawings prior to the election for $16,000 plus $4,000 expenses. Motion: Moved: Vote: To reopen discussion on previous motion. Thayer, Seconded by Ginalski AYES: Unanimous It was the consensus of the Council to direct Eric Glass to draw one more drawing as described with no community rooms, generator outside; board and batten siding; large overflow conference room; flexible seating and flat floor Council Chambers; hip roof; Recreation Department below Council Chambers; no dormers, hardy shake roof; essential services standards. Councilmember Wolf stated she felt there were still open issues. 9. PREZONING OF 0.28 ACRES OF PROPERTY AT 4903 RANCH ROAD AS A PRELUDE TO ANNEXATION; (A. P. #38-052-04; Owners and Applicants: Robert and Diana Baker, Ordinance, 1st Reading) Council waived reviewing Staff report. ,- , TOWN COUNCIL MINUTES #1025 7/20/94 9 The Mayor opened the public hearing. There being no comments, the Mayor closed the public hearing. Motion: Moved: Vote: To read by title only. Thayer, Seconded by Ginalski AYES: Unanimous The Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON PREZONING OF CERTAIN PROPERTY LOCATED AT 4903 RANCH ROAD (A.P. NO. 38-052-04). Motion: Moved: Vote: To pass first reading of the aforementioned ordinance. Thompson, Seconded by Thayer AYES: Ginalski, Thayer, Thompson, Wolf, Nygren I. STAFF AND TOWN MANAGER REPORTS Solicitation Ordinance (Discuss Ordinance Enforcement & Possible Amendments) Council agreed with Town Attorney's recommendation to take no action. J. COMMUNICATIONS There were none. K. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Nygren adjourned the meeting at 1:05 A.M., July 21, 1994 to 6:00 P.M., Tuesday, July 26, 1994 to continue discussing regarding financing and ballot wording for Town Hall. ATTEST: TOWN COUNCIL MINUTES #1025 7/20/94 10