TOWN COUNCIL

CALL TO ORDER

Mayor Fredericks called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, May 19, 2004, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California.

ROLL CALL

PRESENT: COUNCILMEMBERS: Berger, Fredericks, Gram, Slavitz

ABSENT: COUNCILMEMBERS: Smith

PRESENT: EX OFFICIO: Town Manager McIntyre, Town Attorney Danforth, Director of Community Development Anderson, Director of Public Works/Town Engineer Echols, Chief of Police Odetto, Director of Administrative Services Bigall, Administrative and Financial Analyst Stott, Administrative Assistant Creekmore

CLOSED SESSION

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

(Section 54956.9(a))

Siciliano v. Town of Tiburon

Zack, et al. v. MERA et al.

CONFERENCE WITH LABOR NEGOTIATOR

(Section 54957.6)

Bargaining Unit: Tiburon Police Association

Negotiator: Town Manager and Administrative Services Director

Mary Falk, 19 Tanfield Road

ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY

Mayor Fredericks said no actions were taken in closed session.

ORAL COMMUNICATIONS

There were none.

Presentation of Re-framed 1964 Incorporation Documents

Heritage and Arts Commission Chair David Gotz presented a framed collection of the 1964 Town of Tiburon incorporation documents. He noted the documents were initially presented to the Council in January 1965 by Anne Ellinwood and that the Commission took on the project of reframing the documents so that the display would complement Town Hall’s current style.

Mr. Gotz thanked Duncan Binihakis with Frame Crafters Gallery for donating his time to frame the documents. The display was hung on the wall behind the Council dais with the help of Councilmember Slavitz.

Mayor Fredericks pointed out that Ms. Ellinwood, who was a member of the original Town Council, also donated the founders table to the Town.

Final Sales Tax Expenditure Plan (Adoption of Resolution on Consent Calendar)

Mayor Fredericks opened the item for discussion and noted that adoption of the resolution approving the plan is on consent calendar.

Craig Tackaberry, Executive Director of the Transportation Authority of Marin (TAM), opened the Final Sales Tax Expenditure Plan presentation.

The presentation outlined changes to the current TAM plan and the strategies that have been designed to improve mobility and reduce local congestion for everyone who lives or works in Marin County by providing a variety of high quality transportation options designed to meet local needs. The four implementations strategies focus on bus transit, closure of the carpool lane gap through San Rafael, local transportation infrastructure improvements, and reduction in school related congestion.

If the Board of Supervisors and a majority of the City/Town Councils in Marin approve the final plan, a ½-cent transportation sales tax measure will be placed on the November 2, 2004 ballot. It was noted that the cities of San Rafael and Sausalito have voted unanimously to approve the plan.

The financial projections have been updated to reflect an anticipated revenue increase of approximately fifty-seven million dollars. As a result, funding for each strategy was either increased or maintained.

Vice Mayor Berger asked if any fund categories were decreased in order to increase other categories. Mr. Tackaberry replied that the projected revenue reflects a net increase and that no funding categories were decreased.

Mayor Fredericks thanked the Transportation Authority of Marin for their presentation.

Appointment to Belvedere-Tiburon Library Agency Board of Directors (Two Vacancies)

Mayor Fredericks announced that the two vacancies on the Belvedere-Tiburon Library Board of Directors are being filled by Victoria Fong and Mary Falk.

MOTION: To appoint Victoria Fong and Mary Falk to the vacancies on the Belvedere-Tiburon Board of Directors.

Moved: Berger, seconded by Slavitz

Vote: AYES: Unanimous

ABSENT: Smith

1) Approval of Town Council Minutes – April 21, 2004 (Regular Town Council Meeting)

2) Approval of Town Council Minutes – May 1, 2004 (Homeowner’s Summit)

3) Recommendation by Director of Administrative Services – Accept Town Investment Summary for April 2004

4) Recommendation by Director of Public Works/Town Engineer – Award of Contract for 2003-04 Street Rehabilitation Project

5) Recommendation by Director of Public Works/Town Engineer – Irrigation Upgrades for Blackie’s Pasture

6) Recommendation by Chief of Police – Traffic Safety Committee Endorsement of Chamber of Commerce Request to Change Downtown Parking Regulations

7) Recommendation by Director of Public Works/Town Engineer – Authorize Agreement to Conduct Street Impact Fee Analysis and Budget Amendment

8) Recommendation by Director of Public Works/Town Engineer – Approve Amendment to Marin Map Agreement (Joint Powers Authority)

9) Recommendation by Director of Public Works/Town Engineer – Adopt Resolutions Authorizing Applications for Parks Grant Funding

a) A Resolution of the Town Council of the Town of Tiburon

Authorizing the Town of Tiburon to Apply for Grant Funds for

the Roberti-Z’Berg-Harris Block Grant Program Under the

California Clean Water, Clean Air, Safe Neighborhood Parks

and Coastal Protection Act of 2002

b) A Resolution of the Town Council of the Town of Tiburon

Authorizing the Town of Tiburon to Apply for Grant Funds for

the Per Capita Grant Program Under the California Clean Water,

Clean Air, Safe Neighborhood Parks, and Coastal Protection

Act of 2002

10) Recommendation by Director of Public Works/Town Engineer – Marin County Sales Tax Expenditure Plan

a) A Resolution of the Town Council of the Town of Tiburon

Approving the Marin County Final Transportation Sales Tax

Expenditure Plan

11) Recommendation by Director of Public Works/Town Engineer – Authorize Maintenance Agreement for New Bus Stop at Tiburon Boulevard and Stewart Drive

a) A Resolution of the Town Council of the Town of Tiburon

Authorizing Execution of Maintenance Agreement with

CAL/TRANS for new Bus Stop Improvements at Tiburon

Boulevard and Stewart Drive

MOTION: To approved Consent Calendar Items 1 through 11, above.

Moved: Gram, seconded by Berger

Vote: AYES: Unanimous

ABSENT: Smith

12) Recommendation by Town Manager – Ratification of Mill Valley Refuse Service Rate Adjustment – Seventeenth Amendment to Franchise Agreement

Town Manager McIntyre presented the Staff report.

Jim Iavarone with Mill Valley Refuse Service gave a brief report on the improvements made in the past year, which include modernizing their recycling fleet, renegotiating their dump contract, reducing their work force, restructuring company dead-load, purchasing new equipment, and surveying customers. Improvements that will be made in the future include analyzing the surveys, particularly with respect to curbside service; continue to study new types of equipment; investigate alternative rate structures; and improve efficiency by consolidating two-man routes into one-man routes.

Mayor Fredericks asked if backyard service would be eliminated. Mr. Iavarone replied that while elimination of backyard service would ultimately have to be approved by the Council, the service would continue to be available to the elderly and disabled.

Mayor Fredericks thanked Mr. Iavarone for his report and said that single-stream recycling is an enormous benefit. Councilmember Berger added that many people expressed appreciation for changing the color of recycling cans from blue to brown and that he would like to see all blue cans replaced with brown ones in the future.

Mayor Fredericks opened and closed public hearing. There was no public comment.

MOTION: To ratify the Mill Valley Refuse Service readjustments that were approved last year.

Moved: Slavitz, seconded by Berger

Vote: AYES: Unanimous

ABSENT: Smith

13) Request of Tiburon Peninsula Chamber of Commerce – Status Report by Downtown Revitalization Committee and Request Advance of Future Transient Occupancy Tax (TOT) Funds

Mayor Fredericks opened the item for discussion and invited Vice Mayor Berger to run the hearing. Vice Mayor Berger briefed the Council on the Downtown Revitalization Committee’s program and invited Chair Hermann to begin the presentation.

Chair Hermann reported on the committee’s accomplishments, future goals, and program objectives. He said that the committee’s focus is to execute a plan that creates a vibrant downtown area, increases Town revenues, and preserves and protects the Town’s geographical and historical assets. The committee strives to strengthen their retail strategy to better serve Tiburon residents and develop a marketing plan that will increase mid-week visitor traffic and sales tax revenue. The committee plans on developing sales materials, a visitor welcome package, welcome committee, public relations plan, and media plan, as well as a system to track the success of retail sales, TOT, ferry ridership, and hotel occupancy tax. Koenig and Associates will provide supervision and management of the committee’s program.

Mayor Fredericks asked if criteria had been developed to measure the program. Mr. Hermann replied that a way to measure the program would be to evaluate changes in sales tax. Alternatively, ferry ridership and merchant interviews can also provide an indication of how well the program is performing.

Councilmember Slavitz also expressed concern over measuring the program’s success. Mr. Hermann replied that the time and costs that would be necessary to adequately measure the program would be unreasonable at this stage. Other methods, including those previously stated, would be more appropriate for the committee’s purposes. A more comprehensive marketing plan can be provided if desired.

Mayor Fredericks asked if the committee would be willing to work with Staff to develop criteria to measure the program’s success. Mr. Hermann said that the committee would be happy to work cooperatively with Town Staff.

Councilmember Berger said that reason for the long-term thinking on the part of the Committee is due to their goal to extend the program along the entire length of Tiburon Boulevard.

Town Manager McIntyre requested that the Council ask that he and Director of Administrative Services Bigall work in concert with Councilmember Berger to develop the measurable statistics that would demonstrate the program’s success.

MOTION: To advance $500 a month for up to six months of future Transient Occupancy Tax revenues that are already due to the Chamber of Commerce, ask the Chamber to return to the Council in six months with evidence of the marketing program’s success, and to work with Director of Administrative Services Bigall, Town Manager McIntyre, and Councilmember Berger to develop criteria that will demonstrate the marketing program’s success.

Moved: Slavitz, seconded Gram

Vote: AYES: Unanimous

ABSENT: Smith

14) Recommendation by Director of Community Development – Adopt General Plan Amendment, Rezoning, Amendments to Pt. Tiburon Master & Precise Plan and Mitigated Negative Declaration pertaining to the Belvedere-Tiburon Library Expansion Project

Project Location: 1501 Tiburon Boulevard

Owner/Applicant: Belvedere-Tiburon Library Agency (BTLA) and Town of Tiburon

Assessor’s Parcel No. 58-171-90 & 58-191-62 (portion)

a) A Resolution of the Town Council of the Town of Tiburon Adopting a Mitigated Negative Declaration for the Belvedere-Tiburon Library Expansion Project Located at 1501 Tiburon Boulevard

b) A Resolution of the Town Council of the Town of Tiburon Approving a General Plan Amendment to Change the Land Use Designation for Certain Property from OS (Open Space) to P (Public/Quasi-Public) Zone to Accommodate an Expansion of the Belvedere-Tiburon Public Library

Assessor Parcel No. 58-171-62 (Portion)

c) An Ordinance of the Town Council of the Town of Tiburon Rezoning Certain Property from OS (Open Space) to P (Public/Quasi-Public) Zone to Accommodate an Expansion of The Belvedere-Tiburon Public Library

Assessor Parcel No. 58-171-62 (Portion)

d) An Ordinance of the Town Council of the Town of Tiburon Amending the Point Tiburon (Northwestern Pacific Railroad) Master Plan (PD#42) to Accommodate an Expansion of the Belvedere-Tiburon Public Library Located at 1501 Tiburon Boulevard

Community Development Director Anderson presented the Staff report.

Councilmember Berger asked what number of additional parking spaces would be needed to accommodate the expansion. Community Development Director Anderson replied that while the project shows an additional seven to eight spaces being created, a grand total of 54 parking spaces would need to be provided for the library to meet the standard of one space per 500 square feet. Not all of those parking spaces are currently accounted for.

Deborah Mazzolini, Director of the Belvedere-Tiburon Library, gave a presentation on the proposed library expansion project, detailing how the additional space will be used to enhance existing programs as well as add new programs and improve the functionality of current operations. She gave a brief outline of the project’s timeline from its conception in 1999 to the formation of the Community Partnerships for Library Expansion (CPLE) in October 2002. Footprints of the proposed library expansion and two alternative expansion footprints were displayed, as well as photographs representing the proximity of the footprints to the boundary of the Railroad Marsh and of the existing dirt footpath adjacent to the facility.

Ms. Mazzolini overviewed the steps that will be taken to move the project forward and noted that the Belvedere-Tiburon Recreation Department has expressed an interest in relocating from Town Hall to the expanded facility.

Amy Skewes-Cox, independent planning and CEQA consultant retained by the BTLA, said that all required CEQA topics were examined and that the library worked on identifying impacts very early in the process. She said that all potential impacts were able to be mitigated and that the BTLA has agreed to all mitigation measures in the mitigated negative declaration.

Jim Martin, biologist retained by the BTLA to evaluate existing conditions, said that no significant biological impacts were identified and that enhancement of the setback area would likely result in enhanced wildlife quality. Several mitigation measures were recommended to mitigate potential impacts to special status species. He added that the 300-foot setback requested by the Audubon Society in their letter to the BTLA was not only infeasible, but that it is not a standard that applies to the expansion project.

Barbara Roberts, owner of the Belvedere-Tiburon Office Park, expressed concern over parking and traffic flow impacts that the proposed expansion would have on her property, particularly during special events held at the library. She said that library patrons currently use the office park’s private parking spaces.

Janice Bickel-Fenster, Point Tiburon Condominium resident, expressed concern over parking and noise issues that may result from the expansion project. Additionally, she said that she was told the flood plain was designated as permanent open space and has concerns that flooding of adjacent properties may result from the expansion. She requested that the BTLA raise funds to provide maintenance of the marsh.

Mayor Fredericks noted that a letter was received from the Point Tiburon Condominium Board of Directors and that they had been given ample time to voice their concerns to the Council.

Lynn Wellman Barr, Belvedere-Tiburon Library Board Chair, urged the Council to move forward with the resolution and said that the project will expand services provided to the entire community.

Rita Fink, library volunteer, said that there is no end to the library’s needs and that she hopes the Council will continue to work in cooperation with the library.

Jerry Riessen, member of the Belvedere-Tiburon Joint Recreation Board, said that the Joint Recreation Department hopes to move from its current Town Hall location to a permanent home at the expanded library, which would increase accessibility of their programs to the public. As an open space advocate, Mr. Riessen said that the proposed setbacks are appropriate and encouraged the Council to move forward with the library’s proposal.

Bonnie Spiesberger, Library Board President, spoke in support of the expansion and rezoning.

Ruth Carlson, library volunteer, displayed a list of the library’s program activities and noted that the expansion is needed to accommodate those programs.

Councilmember Slavitz asked whether the rezoned open space would retain a "public" designation if the expansion project ended up being smaller. Anderson replied that the designation would remain.

Councilmember Slavitz said that parking and other issues need to be addressed and that while the redesignation of open space is not ideal, it is warranted in this case. He would like to see that awareness and maintenance of the Railroad Marsh be increased. He believes that the expansion will be well used by the community and is in support of the idea.

Councilmember Gram agreed with Councilmember Slavitz’s comments and said that he too is in favor of the project.

Vice Mayor Berger said that he is in favor of the expansion project. He sounded a word of caution regarding some of the design challenges that may remain, particularly with parking, lighting, and aesthetics.

Mayor Fredericks stated that she agrees with the previous comments made by the Council and reminded everyone that not only does the library serve community members of all ages and a broad spectrum of community interests, but that those services are provided free of cost.

Mayor Fredericks commented that the portion of Town open space that would be converted was acquired by an Innisfree dedication and not acquired with public monies or open space bonds. She added that it is a function of policymaking to decide that a public use may outweigh the value of the land as open space. Because of the unique acquisition of this particular piece of Town open space, Mayor Fredericks is comfortable with changing the zoning and supports the project.

MOTION: To adopt the resolution adopting a mitigated negative declaration for the project.

Moved: Berger, seconded by Gram

Vote: AYES: Unanimous

ABSENT: Smith

MOTION: To adopt the resolution approving a General Plan amendment for the project.

Moved: Slavitz, seconded by Gram

Vote: AYES: Unanimous

ABSENT: Smith

Introduction and First Reading of Ordinances (Motion to Read by Title Only)

MOTION: To read the ordinance for rezoning by title only.

Moved: Berger, seconded by Gram

Vote: AYES: Berger, Fredericks, Gram, Slavitz

ABSENT: Smith

Mayor Fredericks read, "An ordinance of the Town Council of the Town of Tiburon rezoning certain property from OS (Open Space) to P (Public/Quasi-Public) zone to accommodate an expansion of The Belvedere-Tiburon Public Library Assessor Parcel No. 58-171-62 (Portion)."

MOTION: To pass first reading of the ordinance.

Moved: Slavitz, seconded by Berger

Vote: AYES: Berger, Fredericks, Gram, Slavitz

ABSENT: Smith

MOTION: To read the ordinance for Master Plan Amendment by title only.

Moved: Berger, seconded by Gram

Vote: AYES: Berger, Fredericks, Gram, Slavitz

ABSENT: Smith

Mayor Fredericks read, "An ordinance of the Town Council of the Town of Tiburon amending the Point Tiburon (Northwestern Pacific Railroad) Master Plan (PD#42) to accommodate an expansion of the Belvedere-Tiburon Public Library Located at 1501 Tiburon Boulevard".

MOTION: To pass first reading of the ordinance.

Moved: Slavitz, seconded by Berger

Vote: AYES: Berger, Fredericks, Gram, Slavitz

ABSENT: Smith

There were none.

Town Council Weekly Digest – April 23, 2004

Town Council Weekly Digest – April 30, 2004

Town Council Weekly Digest – May 7, 2004

Town Council Weekly Digest – May 14, 2004

 

There being no further business before the Town Council of the Town of Tiburon, Mayor Fredericks adjourned the meeting at 9:40 p.m.

s/ ALICE FREDERICKS, MAYOR

 

ATTEST:

DIANE CRANE IACOPI, TOWN CLERK