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Home My WebLink AboutTC Min 1996-09-04 r- TOWN COUNCIL MINUTES CALL TO ORDER Mayor Wolf called the regular meeting of the Tiburon Town Council to order at 7:55 P.M., Wednesday, September 4, 1996, in Council Chambers, 1101 Tiburon Boulevard, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: EX OFFICIO: Gina1ski, Hennessy, Thayer, Wolf Thompson Town Manager Kleinert, Town Attorney Danforth, Planning Director Anderson (8:30 p.m.), Finance Director StranzI, Chief of Police Herley, Town Clerk Crane B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If anv). Mayor Wolf that no action had been taken in closed session. C. PUBLIC OUESTIONS AND COMMENTS None. r-. D. APPOINTMENTS TO BOARDS. COMMISSIONS & COMMlrfEES None. E. COUNCIL. COMMISSION & COMMI-nt;E REPORTS 1. Downtown Task Force. Mayor Wolf said the Task Force had conducted their first meeting, and that she, Belvedere Mayor Johnson and Town Manager San Diego were also in attendance. Wolf said she thought the group would do an excellent job and indicated they had proposed to do a demographic study which might require future funding. F. CONSENT CALENDAR 2. Tiburon Public Facilities Financing Authority Resolutions: A. Agreement Approving Joint Refunding Agreement between TPFFA and Town B. Intention to Conduct Reassessment Proceedings C. Approval of Reassessment Report and Confirming Reassessments D. Authorization for Issuance and Sale of Refunding Bonds 3. Amicus Curiae Requests - Ellis v. State of California & Nordyke v. County of Santa Clara 4. Town MontWy Investment Summary - July 31, 1996 r- I TOWN COUNCIL MINUTES #10% September 4. 19% 1 - 5. t.etter of Arrangement to Perform 1995-96 Audit 6. Approval of August 21, 1996 Minutes. Councilmember Hennessy added a sentence regarding the proposed Ferry Dock Realigmnent saying she would support what was best for the majority of residents ofTiburon in the event that Tiburon Boulevard was closed in a disaster and there was no other method of ingress or egress. MOTION: Moved: Vote: Abstain: Absent: To adopt Consent Calendar, as amended. Gina1ski, Seconded by Hennessy Unanimous Thayer (from August 21 Minutes) Thompson G. PUBLIC HEARING None. H. UNFINISW;D BUSINESS 7. MMWD Fireflow Improvements - Oral Report and Adopt Resolution. Richard Hill, 4655 Paradise Drive, MMWD Boardmember, said he could answer any questions Council or the public might have about the November 5 advisory ballot measure for a parcel tax: to make county-wide improvements to the fireflow infrastructure. He said the Tiburon Fire Protection District had endorsed the measure, which would include upgrading the transmission lines between the _ Blackfield Drive Pump Station and the first lift. Hill also introduced Pam Nicolai, General Manager, and Jack Gibson, President, both of Marin Municipal Water District. Mayor Wolf asked if property owners would be allowed waivers for parcels which were not actual lots. Hill said the Board would give consideration to the request and noted that the Board had been told it was not the County's policy to collect on these parcels. During public hearing, Nat Marans asked ifMMWD supported retaining Hamilton Field as a landing strip for fire fighting. John Lando, Fire Chief of San Anselmo and Chair of the Fire Chief's Fireflow Committee, said Hamilton was not under consideration by MMWD in the proposed improvement plan. However, Lando said the Sonoma County airbase currently being used was a good staging area for Marin County and there was no significant gap in waiting time. He said that by far the day-to-day fire operations were most impacted by the local fireflow system which kept little fires from becoming bigger. Karen Nygren, 2 Paseo Mirasol, said fireflow was an important issue to the entire County and urged support for the ballot measure. r I TOWN COUNCIL MINUTES #10% September 4, 19% 2 r- Hearing returned to Council. Council unanimously supported the ballot measure as a necessary plan that should be supported by the entire community. Vice Mayor Thayer said it a well thought-out and equitable plan. Mayor Wolf said the "pay as you go" approach would cost less in the end. MOTION: To adopt the Town Council Resolution Endorsing a November 1996 Ballot Measure by the Marin Municipal Water District for Countywide Firet10w Improvements. Hennessy, Seconded by Thayer Unanimous Thompson Moved: Vote: Absent: 8. Senior Housing Advisory Committee - Approval ofRFP for Development of Senior Housing at Ned's Way. SHAC Chair Larry Smith presented the most recent RFP to Council for a developer competition to build 25 units of Senior Housing at Ned's Way. He said 25 units was a marginal number in order to provide common areas and other shared amenities. Mayor Wolf asked if the provision in the RFP that the Town would relocate the Community Garden could be taken out and used as a negotiating tool with potential developers. She said that in exchange for their use of the area for staging, they could relocate the garden. Smith replied that he thought the developers would lower their bids to include the cost of moving the garden if they knew about in the beginning. r- Council had questions about the buy-down provisions ($200,000 per unit price of$3oo,ooO) and discussed how the proposed purchase price of the units had been set. Smith said the buy-down provisions would take the burden off the developer and increase the purchase value of the land. Mayor Wolf said she thought consensus had been reached at the last SHACrrown Council meeting concerning future use of some of the Pt. Tiburon Marsh units as very low income units in order to relieve the Ned's Way project from bearing the whole burden [oflow income units]. Planning Director Anderson said one low and one moderate unit would be required per the Town's Zoning Ordinance, and 15% of the total units in the Town's Redevelopment Agency housing. He said 20 units at Pt. Tiburon were currently classified as moderate income, and the Town only needed 16. Anderson also said the Town had taken credit for 3.5 units at the new Cecilia Place Senior Housing Project, so that only three very low income units would be needed [at Ned's Way]. Councilmember Gina1ski asked whether the costs of the Environmental Phase I and Geotechnical reports had been taken into account. Town Manager Kleinert said the Town already had a geotechnical report on the site and the other report could come out ofRDA funds. Ginalski also asked about the latest "Last Chance Committee" minutes which discussed the need "......, TOWN COUNCIL MINUTES #10% September 4, 1996 3 I"'" for a larger housing market for seniors in Tiburon. Counci1member Hennessy said that SHAC had been directed by Council not to be involved in the development of the other two acres on the site, but said that Council had agreed in principal to consider support of a ballot measure to sell the space if the Last Chance Committee came forward with such a proposal. Councilmember Gina1ski asked Town Attorney Danforth to determine whether there would be a problem if the proposed Town buy-down of the units was equal to the amount paid by the developer for purchase of the land (i.e. $104 million). Town Attorney Danforth gave a preliminary answer to the effect that the Town would not be permitted to use RDA funds to build a police station, however, the Town was allowed to sell the land for fair market value and provide a subsidy to make the developer whole. Mayor Wolf pointed out that Tiburon had a higher than normal requirement for Redevelopment, and questioned whether $200,000 was an appropriate buy-down amount. Chair Smith said the Senior Housing Advisory Committee's view was to use the Town's RDA funds and not let them revert [unused] to the County in 2002. Councilmember Hennessy asked whether the Town might enter into a joint venture with a developer if the Redevelopment Agency purchased the land. Councilmember Gina1ski said he had hoped to see that angle analyzed first before sending out the RFP. I"'" Mayor Wolf said that EAH had cost overruns on other projects and was not encouraged by that. She asked Town Manager Kleinert and Chair Smith whether they had talked to EAH. Both replied negatively. Town Attorney Danforth pointed out that in previous discussions she advised Council to conduct an RFP first in order to avoid the appearance of favoritism to certain developers, including EAH. Councilmember Ginalski asked that the RFP include a provision for a joint venture. He also raised the question of the RDA purchasing the land and holding it for future development. Town Attorney Danforth said the RDA did not have the necessary funds available ($1 AM) to purchase the land. Counci1member Thayer said it would perhaps be more efficient to build the police building and senior housing projects at the same time. Councilmember Hennessy said she would talk to EAH or Bridge to develop more information, but said her primary motivation was to get the police building underway. Councilmember Gina1ski said Housing Chair Hinkel had already made a presentation on the EAH option. Mayor Wolf said that Hinkel's proposal did not "pencil out." r Mayor Wolf proposed several amendments to the RFP: -- On page 2, change "up to 7 very low income units" to "up to four (4) below market units." TOWN COUNCIL MINUTES #10% September 4. 19% 4 I'"' --Oft page 5, add the words, "amount ofinclusionary housing subsidy required," to end of sentence. --On page 2, strike "relocate community garden." -On page 3, eliminate under "Goals for Project" the line concerning Town subsidy of seven units. Councilmember Gina1ski asked for a change on page 3 to read, ''No more than 25 units, " and asked a question about rental versus sale of the units. Chair Smith said the Committee had concluded there was not a rental market for a 25-unit project. Gina1ski also wanted to ensure that the project would go through the Town's regular design review process. Council directed Chair Smith to collaborate with the Town Attorney and to synthesize a new RFP which would include the proposed changes and a joint venture development option. 9. Heritage & Arts Commission Recommendations for Plaques at Blackie's Pasture. There were no public questions or Council comments. MOTION: To adopt Heritage & Arts Recommendations for Wording and Placement of Inscriptions at Blackie's Pasture. Thayer, Seconded by Hennessy Unanimous Thompson Moved: Vote: Absent: ,.... L NEW BUSINESS 10. Local Agency Formation Commission Policies. Planning Director Anderson said the proposed revisions to LAFCO's Sphere ofInfluence and Dual Annexation policies were short- term and "anti-planning." He said the Dual Annexation Policy had been put in place after decades of no planning and should be retained. Without the Sphere of Influence Policy, Anderson said huge areas could be stripped away from a city or be left standing alone. He urged Council's support of retention of the current LAFCO policies. Vice Mayor Thayer said he endorsed "wholeheartedly" Anderson's recommendations and said the policies were appropriate as they stood. Thayer said there were elements within those policies for discretionary waivers and therefore there was no need to modifY them. Thayer further commented on a meeting held with Paradise Drive area residents in which he agreed to ask LAFCO to extend consideration of a decision on Old Landing Road annexation for one year in order to continue discussion with the residents. Mayor Wolf opened the public hearing. r- " Stuart Hopkins asked whether there were representatives from special districts on LAFCO's board. Vice Mayor Thayer said there were two [County] Supervisors, two Council representatives, two special district representatives, and two members of the public. He said the districts had just elected their representatives in the Spring and that they would be able to vote on TOWN COUNCIL MINUTES #1096 September 4. 19% 5 r- Dual Annexation or any other issue. Becky Pringle, member of the Paradise Drive Property Owners' Association, Box 10, Tibuorn, said the group was proceeding with their own community plan that had been in the works since 1958. She wondered what services the Town could offer the Paradise Drive area and whether the Town could meet their needs. Pringle said the County had just passed an ordinance relating to alternative septic systems that the homeowners would like to review. Randy Greenberg, Tiburon Planning Commissioner and resident of the "backside" of the Peninsula, said she strongly supported the analysis and recommendations of Staff, and encouraged Council to be "pro-active" in encouraging other cities to support the policies, as well. Greenberg said the goals ofLAFCO were to create logical boundaries and cohesive rules for unified governance. She said the goals were never intended to be accomplished overnight, and said she was confounded by the "emergency" nature of [Corte Madera Councilman & LAFCO representative] Nann Richardson's requests for changes to the policies. Greenberg further said that LAFCO did not apply its own policies uniformly and should be encouraged to do so. Greenberg said that Paradise Drive residents enjoyed the benefits of their Tiburon address and should also share the responsibility that came with it. She said they could have a voice through r' voting by being included in the Town limits. She concluded by saying she supported long-range planning and good planning. Hearing returned to Council. Vice Mayor Thayer said the Bel Air neighborhood decided to annex to the Town because "they were tired of sitting in the audience," and said it was much better to have a vote to address community and joint planning issues. He urged Paradise Drive residents to support the LAFCO policies. Councilmember Gina1ski concurred with Councilmember Thayer and Commissioner Greenberg's remarks. He proposed that Staff draft a resolution to send to other cities to support the LAFCO policies. Town Manager Kleinert said the City of Belvedere had voted in favor of retaining the policies at their Council meeting the previous night. Councilmember Hennessy said she supported the policies and suggested MCCMC action and formation of a Council subcommittee to work with the Paradise Drive Property Owners' Association to address their issues. r- , TOWN COUNCIL MINUTES #10% September 4, 1996 6 r- I ,... -- L . Mayor Wolf underscored the contradictory nature of the proposed changes to the LAFCO policies, and said the Town needed to discuss the issue of providing services to the adjacent areas anyway. Council agreed to retain its ad hoc committee representatives Thayer and Wolf, who would continue to meet with residents in the affected areas. MOTION: To adopt Staff recommendations to support the retention of current LAFCO Sphere ofInfluence and Dual Annexation Policies, as adopted; to forward Town's comments and recommendations to LAFCO. Moved: Vote: Absent: Thayer, Seconded by Ginalski Unanimous Thompson J. COMMUNICATIONS None. K. STAFF & TOWN MANAGER REPORTS Town Manager Kleinert said there would be a meeting soon of the ad hoc committee that was studying the Downtown ADA issue. He also said the Solid & Hazardous Waste JP A would require appointment of a task force representative per AB 939 requirement, and that he would propose someone at the next meeting. Mayor Wolf asked to see annual police statistics for 1991-1995. L. ADJOURNMENT There being no further business before the Town Council of the Town ofTiburon, Mayor Wolf adjourned the meeting at 9:56 p.m., sine die. NlCK~~;?R h-r ATIE~ DIANE L. CRANE, TOWN CLERK TOWN COUNCIL MINUTES #10% September 4. 1996 7