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HomeMy WebLinkAboutTC Min 1996-04-10 r" TOWN COUNCIL MINUTES CALL TO ORDER Mayor Nicky Wolf called the adjourned meeting of the Town Council of the Town of Tiburon to order at 6:00 p.m., Wednesday, April 10, 1996, in Council Chambers, 1101 Tiburon Boulevard, Tiburon, California. A. ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: Ginalski, Hennessy, Thayer, Thompson, Wolf None EX-OFFICIO: Town Manager Kleinert, Town Attorney Danforth, Planning Director Anderson, Town Clerk Crane, Sgt. Aiello, Corporal Comfort B. PUBLIC OUESTIONS AND COMMENTS Dc Bill Atchley, 1721 Mar West, asked Mayor Wolf if all members of the public who wanted to speak would be permitted to do so. Mayor Wolf replied that there might be time constraints due r to the scheduled Planning Commission interviews, but said Council would try to accommodate everyone. Councilmember Thayer suggested that items 1 and 2 on the agenda be reversed. He also commented about the large size of the crowd and said he had suggested to Town staff that the meeting be moved to the auditorium at Reed School. Mayor Wolf and Councilmember Thompson said they had recommended against changing the location since the meeting had already been noticed. C. UNFINISHED BUSINESS 2. Planning Commission - A Accept Resignations. Town Manager Kleinert confirmed to Mayor Wolf that no resignations had been received. B. Vote Whether to Remove Individual Commissioners. Councilrnember Thayer asked to hear from the Planning Commissioners before any action was taken. Mayor Wolf said she had made a carefully crafted statement at the last Council meeting that it was r--. Town COWlcil Minutes #1084 April 10, 1996 I not her intention to fire the entire Planning Commission. She said it was not her intent to single r- out individuals because she thought it would be kinder to ask for the resignation of the Commission as a whole. Mayor Wolf then read the following statement: "It was not my intent to remove the entire Planning Commission, nor was I asking the Town Council to dismiss Commissioners because they may disagree with me. I believe that the Councilmembers who supported me were also not seeking to replace the Commissioners because of one adverse vote. Over the years, previous Councils have appointed Commissioners who reflected their philosophy. Since coming on the Council, it has been a goal of mine to achieve more balanced Boards which reflect the goals and wishes of the Community. I consider it desirable to have a variety of opinions on our Planning Commission, but those opinions should be reflected of the whole Community, and the Commission's specific decisions should be supported by an objective reading of the evidence. In order to achieve this goal of a more balanced and objective Commission, which reflects the Community, it has been, and is now, my desire to make some changes in the make-up of the current Commission. I feel this wish is shared by a majority of the current Town Council. Obviously, we would all like to accomplish this transition with as little disruption as possible to the Town's planning process. Therefore, my specific recommendation to the Town Council is that we replace only two Commissioners. It is my intent to make a motion to remove from the Planning Commission, Randy Greenberg and Lisa K1airmont." /"", Mayor Wolf opened the public hearing. Councilmernber Thompson asked Planning Director Anderson to give a summary of the Town Hall site studies presented at the March 20, 1996 joint Planning CommissionITown Council meeting and to date. Planning Director Anderson said that beginning in 1990, several studies were done on soil, traffic and noise. More recently, he cited the environmental assessment of the library site, subsequent toxic and other reports. In response to a question from Thompson, Anderson said he did not think the Town's ridge policy was particularly comparable to the Town Hall site, nor was it precedent-setting, in his opinion. Paul Schrier, Vice Chair of the Planning Commission, 25 Apollo Road, said he had joined the Commission for three reasons: 1) he enjoyed the work; 2) he felt he was good at the job; 3) and to give something back to the community. He defended the Planning Commission's previous action concerning the Town Hall negative declaration as one of "reasoned interpretation of the record and State and local law." He said he felt the Town should receive the same scrutiny as private property owners, and that the Council's decision to overrule the vote showed that they had ,..... Town Council Minutes # 1 084 April 10, 1996 2 "property navigated the legal process." He warned Council not to replace the Commissioners and ,-., other "legitimate viewpoints," and that open debate and heated discourse could lead to the refinement of ideas. He cited the experience and talents of each fellow Commissioner, and said the Commission functioned well as a whole even when they disagreed at times amongst themselves. He condemned Council's action as uncivil and a political maneuver and asked for careful reconsideration. Marylyn Siewert, Planning Commission Chair, said she did not think she had done anything wrong, and asked why Council couldn't tolerate a difference of opinion. Siewert said that while people feel varying degrees of frustration with government, they feel there is one area of control, i.e. local government, where they can affect what happens in their own neighborhoods. She said the Commissioners conducted themselves with respect for each other and a sense of humor, and had the wisdom of years of experience. She asked Council to seriously reconsider its action. Randy Greenberg, Planning Commissioner, thanked members of the audience who carne out in support of the Commission. She said the Council had a fundamental misunderstanding in that it its had the ability overrule Commission decisions, yet by rarely doing so had proved the strength of the Commission. She said a late night meeting was not the way to handle the situation and that no justifiable reason had been given to fire the Commissioners. She said she found the process disturbing and humiliating, and would not resign. r- Michael Freeman, 161 Stewart Drive, husband ofPIanning Commissioner K1airmont, spoke on her behalf and cited her extensive planning experience and credentials, including her role as consultant to the Chief of Staff for Senator Feinstein on issues of planning affecting Northern California. Freeman read a letter prepared by K1airmont (who could not be present at the meeting) which defended the Town Hall vote and stated her intention to serve her full term on the Commission. Michael Heckmann, Planning Commissioner, said he was not resigning and would only do so for business or personal reasons. He said his allegiance was to the people ofTiburon and the community as a whole and that he would fulfill his commitment. He said the Planning Commissioners were not guilty of any misconduct, and that they should be able to do their jobs without fear of reprisal. Heckmann further stated the decision to remove them wholesale was complicated and demoraIizing, and that a transition could have been achieved by other means. He called for a restoration of faith in the process. George Landau, 82 Sugarloaf, said he found the "purging" distasteful and a misuse of power, He urged Council not to go forward. Dr. Bill Atchley, resident of Tiburon since 1955, said he was not upset but aghast at the Council's decision to "kill the trusted messenger, and shoot the watchdog." He said it was an unprecedented move which showed a "disdain for the orderly process of government," and was ,-. Town Council Minutes # 1084 April 10, 1996 3 "totally alien to community civility." He said the citizens of Tiburon wanted more environmental r- protection, not less, and that a new Planning Commission would not have the expertise of the current one. He asked Mayor Wolf to retreat from her position or resign. Warren Russell, 128 Lyford Drive, asked Council to reconsider the requested resignations, and asked whether a Planning Commission loyal to the Town Council was more important than the current qualified commission. Polly Smith, 10 Barner Lane, resident since 1954, said she agreed that such an unprecedented action would produce lots of controversy and was "divisive, hasty and prejudicial." She said it was not in the public interest to fire two highly qualified commissioners, and suggested a retreat in which Council and the Commission could tell each other their concerns and share ideas. Smith also suggested appointing two more people to the Commission to achieve balance and in order to protect the diversity. Jordan Eth, 122 Jefferson, Vice Chair of the Parks & Open Space Commission, said he had no opinion as to the Planning Commission vote, but that Council's action would "undermine every single commission in Town and politicize the process." He said it would create a political spoils systems, and asked that Council not further divide the Town. Warren Callister, 1865 Mar West, resident for 30 years, said the issue was larger than whether or not an EIR was required on the new Town Hall. He said as a veteran Planning Commissioner (eight years), he found that most people found the Commission inflexible and that it needed to be more open to innovation. He congratulated the Council on its efforts to "move our Town to an era of cooperation." /'" Nat Marans, 2312 Spanish Trail, said the Council's action to remove the Planning Commission was pre-planned and a violation of The Brown Act. He called for further testing for toxic waste at the Town Hall site. Jeffrey Slavitz, former member of the Design Review Board, said there was no need for a new regime and that he had voted for the current Town Council because he thought the divisiveness would go away. Ellen Rony, 21 June Road, member of the Parks & Open Space Commission, said she felt the independent judgment of the Planning Commission was being undermined, and she was concerned about the environment and future generations. Hal Edelstein, member of the Building Advisory Committee, past mayor and councilmember, read a statement which attempted to clear up the misconceptions about the scope and substance of a Negative Declaration, and said he supported Council's decision to adopt the Negative Declaration. However, he said that their subsequent actions would "throw gasoline on the r- Town COIUlcil Minutes # 1 084 April 10, 1996 4 bitterness of the Town," and called for a gradual changing of the guard, not a mass firing. '" Ascher Rubin, President of the Tiburon Peninsula Club, said he had faced "implacable opposition, arrogance and dismissiveness" when appearing before the Planning Commission, and encouraged the Council to have "the courage of your convictions" in removing them. Sandra Swanson, resident ofTiburon since 1972, asked what the charges were against Randy [Greenberg], and said "volunteerism" would be discouraged by the "loading of committees." Mark Kasanin, resident of and former member of Belvedere Planning Commission, also member of the Board ofGovemors of the Tiburon Peninsula Club, said he was appalled by the treatment the TPC received at the hands of the Planning Commission. He cited an example in which the TPC had spent $50,000 on an EIR and hired an extra biologist at the request of the Planning Commission and were still denied an application. He said the process was "unfair" and that the Planning Commission was "unbalanced and unfair." Alan Littman, 100 Rolling Hill Road, resident for 34 years, former Planning Commission Chair and Tiburon Town Councilmember, said the Town Hall needed to be built and that some people would "not admit that they have lost the battle." R Swanson, 2 Seafirth Lane, resident for 25 years, said the issue was far greater than Town Hall, and that he was reminded of the Joni Mitchell song which says, "You don't know what you've got 'til it's gone." He said the people had lost a governing process it could trust. r- Analise Russell, 128 Lyford Drive, said "we felt safe with Randy and the Planning Commission." Fran Mayberry, 1494 Vistazo West, former Councilmember, told the Council to "straighten up and act responsibly," or face recall and a possible lawsuit. Carolyn Freedman, 108 Lyford Drive, said the Planning Commissioners had "such intelligence, dedication and love of this community" that it would be a "slap in the face" to remove them. She said she was proud to be a resident ofTiburon due to the Planning Commission's brilliance in "caring for the community." Mayor Wolf closed the public hearing. MOTION: Moved: To remove Planning Commissioners Randy Greenberg and Lisa K1airmont. Wolf, no second. Councilmember Thompson commented that it had not been a "normal year in Tiburon," and how difficult it had been to be Mayor with a minority of votes on the Council. Nevertheless, he said that during his term, three issues had been brought to a head: 1) The purchase of the Harroman r- Town Council Minutes 111084 Apri1IO, 1996 5 '- property, 2) the improvements at Blackie's pasture, and 3) where to build a new Town Hall. - Thompson said he felt that Planning Commission had acted in an "outrageous" manner [on March 20] in the face of overwhelming environmental studies, and had voted their own opinions with regard to the Town Hall Negative Declaration. He reiterated that the proposed Town Hall site at Ned's Way and Cecilia Place Senior Housing projects, which were much larger projects than the downtown Town Hall, "flew through with negative declarations." He said that based on the March 20 meeting, he felt "something was terribly wrong," and thought interviews and changes on the Commission should be considered. However, he said the decision to move ahead was "hastily done and bad mechanics," and that "removal was not a course of action that is healthy for this Town." He said replacement was not out of the ordinary, and that he was still outraged and serious about what happened [on March 20], but suggested retiring to a retreat, and whether the Commissioners stayed on the Commission or not, "let's work through this together." Thompson also said he had been "deluged by calls of support" for the Council's [removal] action. Councilrnember Hennessy, commended the people in the audience for attending the meeting, but said she would still call for the resignation offour commissioners based on the Town Hall [Negative Declaration] vote. She said the commission was not responsive to what the citizens wanted, and if the people in the audience disagreed, they should run for office. She said the building moratorium had "ripped us apart," but said the community did not have to divide itself into two camps: development and environmental. /~ Councilmember Ginalski also thanked the people in the audience for helping Council to "work through this issue." He said that no previous mayor had attempted to remove a Commission and that the action showed "arrogance and lack of empathy." He cited the "tens of thousands of hours" that Commissioner Greenberg had put into fact-finding on the Harroman project, and said the "process was being trampled in the name of expediency." He said the Planning Commission should be exonerated. Councilmember Thayer said he would support Andrew [Thompson]'s "statesmanlike approach" to hold a retreat. He stated that two people had been singled out for reasons not explained, and that the qualifications of the Planning Commission were beyond debate. He said that legitimate debate crystallizes issues and should be encouraged. He encouraged Council to "talk it out" if there was a problem. Mayor Wolf said she did not give reasons for removing the two Commissioners because she did not want to publicly criticize them, and reiterated her claim that the Commission was not balanced. She said the Council should move now and that a retreat would not help. She said the eloquent speeches did not fit her experience, and cited an example of a Parks & Open Space Commission candidate who, although highly qualified, was passed over in favor of a candidate supported by the [previous] Council majority. Wolf said that committees had been loaded in the past and that the divisiveness would be prolonged with a "commission that is viewed as - Town Council Minutes #1084 April 10. 1996 6 obstructionist." She said she had received dozens of call of support. - MOTION: To Table the Discussion regarding Removal of the Planning Commission, and to Reconvene to a Retreat to be scheduled ASAP after the return of Councilmember Hennessy from vacation. Thompson, Seconded by Thayer Moved: Councilmember Ginalski said that tabling the discussion did not close the issue. Councilmember Thompson concurred that Council should "not hang this over people's heads." Councilmember Thayer said "table means the issue is over." Councilmember Hennessy said the motion should be amended and also suggested hiring a professional facilitator. Councilmember Thayer said he did not support the idea of a facilitator. Town Attorney Danforth responded to a question from Hal Edelstein that the retreat would be considered a "public meeting" under The Brown Act. AMENDED MOTION: Moved: Vote: To have a Retreat with the Planning Commission Thompson, Seconded by Thayer AYES: Unanimous r D. RECESS (8:20 - 8:37 p.m.) E. INTERVIEWS OF PLANNING COMMISSION APPLICANTS Not applicable in light of previous motion. F. APPOINTMENTS TO BOARDS. COMMISSIONS & COMMITfEES Not applicable in light of previous motion. C. UNFINISHED BUSINESS 1. New Town Hall Site - Resolution Amending Main Street Parking Allocations. Planning Director Anderson said the new Town Hall project would reduce the number of parking spaces at the Tiburon Boulevard Parking lot from 120 to 80. He said that the current framework for allocating parking spaces for Main Street Properties was through a Town Council Resolution adopted in 1984 and that Staffhad previously reviewed the situation and had recommended adjustments. In addition, Anderson said Main Street Properties had requested that an adjustment be made before the Town Hall parcel was deeded to the Town. ,r-- Town Council Minutes # 1 084 ApriJlO,1996 7 - One result of the adjustment would be eliminating employee and owner parking for tenants of Main Street Properties at the Main Street parking lot and reallocating these (114) spaces to the Beach Road Lot. Councilmember Ginalski asked if the adjustment would require the Town to amend the Main Street Properties' conditional use permits. Anderson answered negatively. During public hearing, Nat Marans, 2312 Spanish Trail, said that the parking downtown was inadequate and called for a professional "EIR group" to do further study. Hearing returned to Council. Councilmember Thayer said he appreciated Mr. Marans' concerns but that the adjustment and parking counts had already been worked out on paper. MOTION: To adopt Resolution Amending Resolution No. 2195 Concerning Parking Logs for Main Street Properties. Thayer, Seconded by Hennessy AYES: Unanimous Moved: Vote: B. Authorize Mayor to accept Grant Deed conveying the new Town Hall parcel with conditions. Town Attorney Danforth explained that the Deed was subject to certain provisions of the Settlement Agreement [in the State of California v. Zelinsky litigation] requiring the Town to r"' indemnify the grantors against any claims arising out of a violation of [Section 2d] of the agreement. Councilmember Thayer asked how it could be violated and whether the Town's interests were being protected. Danforth explained that the Agreement obligated the Town to provide 15 additional public parking spaces, as needed, to the State for Angel Island parking, but only if requested a week in advance by the State [Angel Island State Park). Planning Director Anderson said the chain could be removed to allow additional parking behind the new Town Hall on weekends or could be provided at another location. Chip Nielsen, attorney for Main Street Properties, said if the Town builds the Town Hall, parking should be available for public use, and that the initial letter from Zelinsky said the gift ofland was "subject to Angel Island parking." Councilmember Ginalski asked whether the Town would be in breach ifit was impossible to provide adequate parking as defined by the State. -- Town COWlcil Minutes #1084 April 10, 1996 8 ~ l l~ Mayor Wolf said the Town could cover up parking signs at the [Town's] Beach Road lot (or other places) in order to comply, Councilmember Thompson said that the parking did not have to be free. Mayor Wolf said that was not an item under discussion on the agenda. Councilmember Ginalski asked for indemnification for the Town. Councilmember Thayer asked for limitation to the Town's liability. Mayor Wolf said there was no way to stop the State from acting irresponsibly. Councilmember Thompson said that compliance would be very easy and that it represented a small cost for an "incredil;>le act" of donating the land to the Town. Town Attorney Danforth agreed to add the words "all-day" to the parking referred to in the Deed, as well as amended language pertaining to the hold harmless portion of the Deed, stating "any claims arising from the Town's failure to vrovide 15 spaces as required bv said Section 2d of said Settlement Agreement" MOTION: To Adopt the Resolution Accepting a Conveyance from Main street Properties for the Purpose of Constructing a New Town Hall, and to commend Mr. Zelinsky and Barbara Abrams for their generosity. Hennessy, Seconded by Thompson AYES: Unanimous Moved: Vote: G. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Wolf adjourned the meeting at 9:25 p.m., sine die. ~L~ ivd- MCKY WOL ,MAYOR AITEST /)tf'U? DIANE L. CRANE, TOWN CLERK Town Council Minutes #1084 April 10, 1996 9