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Home My WebLink AboutTC Min 1996-05-15 o F L 1'" L , ' TOWN COUNCIL MINUTES CALL TO ORDER Mayor Wolf called the regular meeting of the Town Council of the Town ofTiburon to order at 7:37 P.M., Wednesday, May 15,1996, in Council Chambers, 1101 TiburonBoulevard, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Hennessy, Thompson, Thayer, Wolf Ginalski EX OFFICIO: Town Attorney Danforth, Planning Director Anderson, Finance Director Stranzl, Chief of Police Herley, Town Engineer Moharnmadi, Town Clerk Crane B. RECOGNmON OF CIVIC CONTRIBUTIONS 1) Presentation of Heritage & Arts Commission First Annual Preservation Award. Heritage & Arts Chair Victoria Arnett listed the names of the nominees-The Angel Island Association, Maureen Buscher, Dr. David Steinhardt, Larry Smith, and Ed Zelinsky, and announced Mr. Zelinsky as the winner for his work in preservation of Ark Row. Mayor Wolf made some remarks detailing the history of Mr. Zelinksy's family and noted Ed's interests in history. She said the Zelinsky family had been major benefactors in all ofTiburon's landmarks. Dian AsWey, President of the Tiburon Peninsula Chamber of Commerce, said the Board had been unanimous in its nomination of Ed Zelinsky, who she said "epitomized" the award. Chair Arnett said that May 12 - May 18 was National Historic Preservation Month. Ed Zelinsky said he was honored to be named recipient of the first annual Heritage & Arts Preservation Award, and shared his memories of growing up in the area and various landmarks in Tiburon. He said his parents, Fred & Juanita Zelinsky, loved the Town and he was continuing to work hard to preserve it. Councilmember Thompson also thanked Ed's sister, Barbara Abrams. 2) Conveyance of Downtown New Town Hall Property (Edward & Laleh Zelinsky & Barbara Abrams). Mr, Zelinsky said the Town Hall used to be located on Ark Row, which was good for downtown and the community. He said Fred & Juanita wanted the Town Hall on the Mar West site, and thanked Mayor Nicky Wolff or encouraging him not to give up in the face of the TOWN COUNCIL MINUTES #1087 May 15, 1996 I F .. k 1', l. obstacles he faced in order to give the land to the Town. He also thanked Councilmembers Thompson, Hennessy, Town Manager Kleinert, and many former dedicated mayors and councilmembers. Mayor Wolfsaid the gift was an "incredible act of generosity." Wolf said the Town intended to build a public plaza at the Town Hall site in Fred & Juanita's memory. She concluded by saying it was a "privilege to know people who are so gentle and gracious," and who "define the terms gentleman and gentlewoman." In a reference to recent litigation, Mr. Zelinsky thanked his attorney, Chip Nielsen, for his help in the "harassment" he faced in trying to deed the land to the Town. C. PUBLIC OUESTIONS AND COMMENTS Building Advisory Committee Chair Jim Wilson said the bids for the new Town Hall construction project had been opened, and that there were two low bidders who would be considered by the committee. There was a brief discussion about when the groundbreaking ceremony might take place [in June]. Wilson said it could take place any time after the award of contract. D. APPOINTMENTS TO BOARDS. COMMITTEE S & COMMISSIONS Mayor Wolf said a consensus had been reached by the Council. MOTION: To appoint Maria Lambert to the Heritage & Arts Commission & Pamela Fyffe to the Design Review Board. Thayer, Seconded by Thompson Unanimous Hennessy (on Fyffe vote) [She had not met the candidate.] Moved: Vote: Abstain: E. COUNCIL. COMMISSION & COMMlll~E REPORTS 3) Tiburon Peninsula Recycling Committee. Chair Polly Smith said the committee was working well and there was a tremendous amount to learn about the issue. She said the committee had met with Town Manager Kleinert and Councilmember Thompson at their first meeting; Dee Johnson, Marin County Office of Waste Management at their second meeting; and with a member of the San Anselmo Recycling Committee at their third meeting. Smith handed out a list of committee priorities for 1996: Education, Source Reduction, Recycling, and Recommendations to Council (concerning possible changes in the Town's franchise Agreement). Councilmember Thompson said the first priority of the committee should be to work with Mill Valley Refuse Service in creating a clearer brochure showing what people can and cannot recycle. Mayor Wolf said she was pleased to see an item recently in a store containing a label stating the package was the same size as product. TOWN COUNCIL MINUTES #1087 May 15, 1996 2 r ~ '"' L Councilmember Hennessy commended Polly for her work and suggested that the committee "stay out of the franchise agreement." F. CONSENT CALENDAR 4) Town Council Minutes #1086 (May 1, 1996); #1082 (March 20, 1996-Planning Commission revisions). Mayor Wolf asked for a word to be changed in the May 1 minutes. 5) Appointment of Downtown Town Hall Project Management Team (Resolution). 6) Linda Vista Undergrounding Project (Resolutions). A. Determination of Assessments Remaining Unpaid. B. Authorization ofIssuance of Bonds. C. Award of Contract. 7) MontWy Investment Summary (March 31, 1996). 8) Minutes of Traffic Safety Committee Meeting (April 16, 1996). MOTION: Moved: Vote: To Adopt Consent Calendar, with amended Mayl Minutes per Mayor Wolf. Thayer, Seconded by Hennessy AYES: Unanimous ABSENT: Ginalski G. PUBLIC HEARING 9) Public Facilities Development Fee Ordinance - ReviseIRepeal Portions of Chapter 5 and 14B of Town Municipal Code - Second Reading and Adoption. Mayor Wolf opened and closed the public hearing. There was no public comment. MOTION: Moved: Vote: To Read Public Facilities Development Fee Ordinance by Title Only. Thompson, Seconded by Hennessy Unanimous Mayor Wolf read, "An Ordinance of the Town Council of the Town ofTiburon Repealing Sections 5-9 Through 5-13 of Chapter 5; Repealing Chapter 14B of the Municipal Code; and Adding a New Chapter 148 of the Tiburon Municipal Code with Respect to Public Facilities Development Fees." MOTION: Moved: Vote: To Adopt above Ordinance. Thompson, Seconded by Hennessy. AYES: Hennessy, Thompson, Thayer, Wolf NOES: None ABSENT: Ginalski TOWN COUNCIL MINUTES # 1087 May 15, 1996 3 r ~ " L . 10) Establish Revised Traffic Mitigation Fees for New Development in Tiburon (Resolution). Planning Director Anderson said the revised fee schedule was an update of studies started in 1986, and was necessary to reflect current traffic conditions and to maintain adequate Levels of Service (LOS) as established in the [General Plan] Circulation element. Mayor Wolf asked about the proposed three-way traffic lights at Reed Ranch Road and Cecilia that would be triggered by future development. Anderson stated the General Plan called for "this or its functional equivalent," but said the community may not want them [the lights]. During public hearing, Bob Holmes, Marin Association of Realtors, said it was unfair to require "new developments to solve the ills of the past," and that the increase in fees was too steep for homebuilders to absorb. He suggested phasing in the new fee schedule. Planning Director Anderson said the [proposed] resolution did not ride on new development and that the Town had already taken the past into account with baseline studies to prove it. He said the development fees would pay only for improving intersections, not building new ones. Town Attorney Danforth said that, contrary to Mr. Holmes' remarks, the Town had followed Federal and State standards in determining the pro rata basis for the fees to proportion of improvements. She said the Town did not know exactly which specific improvements would be built but that State law required an accounting of the [collected] fees every five years and, ifnot used, they would be refunded [to the developer]. Mayor Wolf called for a comprehensive solution to the problems at the Trestle Glen and Tiburon Boulevard intersection. Town Attorney Danforth said the Town would be "stuck" if the improvements cost more than the fees collected. Mayor Wolf congratulated the staff and said her concerns that the Town might be "overcharging" were now allayed.. MOTION: To adopt Resolution Establishing Traffic Mitigation Fees for Developments within the Town ofTiburon. Hennessy, Seconded by Thayer AYES: Unanimous ABSENT: Ginalski Moved: Vote: Planning Director Anderson said the fees would go into effect in 60 days. 11) Application to Precise Plan Amendment - 15 Cibrian Drive; Marc Loupe and Annette Harris- Loupe, Applicants. Planning Director Anderson said the overall building envelope would not change, and that applicants' improvements in order to accommodate the pool and decking were actually an improvement. He said the Planning Commission voted unanimously for approval. Mayor Wolf opened and closed the public hearing. There was no public comment. Councilmember Thompson said he had walked the property, and all Councilmembers agreed with TOWN COUNCIL MINUTES #1087 May 15, 1996 4 F ~ I- " L the Planning Commission's recommendation. MOTION: To Adopt the Planning Commission's Recommendation for Precise Plan Amendment. Thayer, Seconded by Thompson AYES: Unanimous ABSENT: Ginalski Moved: Vote: H. NEW BUSINESS 12) Purchase of Below Market Rate Units (BMR's) at Point Tiburon. Councilmember Hennessy recused herself and stepped down. Council discussed Staff Report recommendation to purchase two units that were to come available at the Marsh Road complex. The one-bedroom unit had been appraised at $94,900, and the two-bedroom at $126,000. The purchase would bring the number of Town-owned units at Marsh Road to four. Mayor Wolf asked if there was any interest among Town Staffin renting the units proposed for purchase. (Neither of the units currently owned by the Town are rented to Town Staff.] Town Clerk Crane said Staff had expressed an interest in buying the two-bedroom unit but she was unaware of any interest in renting either unit. During public hearing, Terry Hennessy, speaking as a resident, stated it had previously been established that the Town would get into trouble ifit tried to sell the units to Town employees. She said Innisfree Company [developer ofPt. Tiburon] had asked for a hold harmless agreement. Planning Director Anderson said he was uncomfortable with the Town's role as a landlord. The possibility of asking Marin Housing Authority to manage the Town's units was briefly discussed. Finance Director Stranzl said the Town's BMR Housing Fund would have $800,000 in it at the end of the year. MOTION: Moved: Vote: To approve Recommendation to Buy Two BMR units at Marsh Road. Thayer, Seconded by Thompson AYES: Unanimous ABSENT: Ginalski ABSTAIN: Hennessy I. UNFINISHED BUSINESS 13) Town Council RetreatsIWorkshops. Council agreed on the following dates and times: 1) Town CouncillStaffRetreat - 5:00 to 9:00 p.m. on Tuesday, June 11; 2) EIR Briefing on Martha Company Property (in conjunction with Planning Commission) on Wednesday, June 12, 7:30 p.m.; 3) Tentative joint meeting with Planning Commission for Senior Housing Advisory Committee presentation on either May 23 or June 18. TOWN COUNCIL MINUTES #1087 May 15, 1996 5 F - ~ , L Council discussed the proposed Planning Commission!rown Council retreat. Councilmember Hennessy asked what the purpose of such a retreat would be. Councilmember Thompson said it was to give direction to the Planning Commission. Hennessy stated it was her understanding that the Planning Commission would not meet with the Town Council without a facilitator. Councilmember Thayer said "we all know each other" and thought any misapprehensions could be worked out (without a facilitator). Council directed Staff to try to schedule the retreat on May 23 before the SHAC presentation. J. COMMUNICATIONS None. K. STAFF AND TOWN MANAGER REPORTS None. L. ADJOURNMENT Mayor Wolf adjourned the meeting at 9:29 p.m. to Closed Session. A. ROLL CALL Present: Absent: Ex Officio: Councilmembers Hennessy, Thayer, Thompson, Wolf Ginalski Town Attorney Danforth B. ANNOUNCEMENT OF CLOSED SESSION ACTION. Council authorized Mayor Wolf to sign the Mutual Release of All Claims in the Town ofTiburon v. Sanborn lawsuit. C. ADJOURNMENT There being no further business before the Town Council of the Town ofTiburon, Mayor Wolf adjourned the meeting at 9:45 p.m., to the May 29, 1996 Adjourned Meeting. ~-" 2 ?-v~ /Nl KY WOLF, MAYOR DIANE L. CRANE, TOWN CLERK TOWN COUNCIL MINUTES #1087 May 15.19% 6