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HomeMy WebLinkAboutTC Min 2019-09-04 TOWN COUNCIL SPECIAL AND REGULAR MEETINGS MINUTES SPECIAL MEETING —6:45 P.M. On September 4. 2019, the Council held a special meeting as follows: CALL TO ORDER AND ROLL CALL Councilmember Fraser, Councilmember .Thier, Councilmember Welner, Vice Mayor Fredericks, Mayor Kulik CLOSED SESSION CONFERENCE WITH PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Property: 500 Tiburon Boulevard. Tiburon, California; APN's 055-093-06, 07, 08, 09 Agency Negotiators: Greg Chains, Benjamin Stock Negotiating Parties: Town of Tiburon and Richardson Bay Sanitation District Under Negotiations: Price and terms for possible property acquisition CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Government Code Section 54956.9 ADJOURNMENT —to reowlar meetin REGULAR MEETING — 7:30 P.M. Mayor Kulik called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday. September 4. 2019. in Town Council Chambers. 1505 Tiburon Boulevard, Tiburon. California. ROLL CALL PRESENT: COUNCILMEMBERS: Fredericks, KL1I& Thier, Welner ABSENT: COUNCILMEMBERS: Fraser PRESENT: EX OFFICIO: Town Manager Chains, Town Attorney Stock, Chief of Police Cronin. Director of Administrative Service Sweitzer. Director- of Community Development Kwon, Senior Planner O'Malley, Town Clerk Stcfani ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY Page l (?f'7 Town Conmcil Y14inatles 2-15-2019 ,Se/Member -I. 2019 ORAL COMMUNICATIONS Allison Pence, who works in Tiburon. recommended the Council consider a redesign of the bike trail vegetation. She said there were several plant species growing there that should be removed and hoped there had been discussion on preventative seeding with various streets projects. Jane Pardin, Paradise Drive. expressed concern about wildfire threat and hoped the Council was considering joining in on the county-wide JPA on wildfire prevention. CONSENT CALENDAR CC-I. Town Council Minutes —Adopt minutes of August 21. 2019 special and regular meetings (Department of Administrative Services) CC-2. 2000 Paradise Drive—Adopt resolution approving the Memorandum of Encroachment between the Town of Tiburon and 2000 Paradise Drive (Caprice Restaurant) for valet service (Department of Public Works) CC-3. Investment Summary —Adopt investment summary for month ending July 31, 2019 (Department of Administrative Services) CC-4. 2020 Various Streets Project— Award design contract to Pavement Engineering Incorporated (PEI) (Department of Public Works) CC-5. 490 Ridge Road —Adopt resolution partially granting appeal of Design Review Board approval subject to additional conditions (Community Development Department) CC-6. Grand Jury Response—Approve Town's response to Marin County Civil Grand Jury Report titled: Marie's Telecom Disconnect (Office of the Town Manager) Mayor Kulik removed Consent Calendar Item No. l and Vice Mayor Fredericks removed Consent Calendar Item No. 2 for discussion. MOTION: To adopt Consent Calendar Item Nos. 3-6. as written. Moved: Fredericks. seconded by Weiner VOTE: AYES: Fredericks. Kulik. Thier. Wehier ABSENT: Fraser CC-I. Town Council Minutes — Adopt minutes of August 21. 2019 special and regular meetings (Department of Administrative Services) Mayor Kulik made amendments to a redundance on Pagc > of the draft minutes. MOTION: To adopt Consent Calendar Item No. 1_ as amended. Moved: Fredericks. seconded by Thier VOTE: AYES: Fredericks. Kulik. 'I�hier. Vv��lner ABSENT: Fraser Pane 2 of 7 Tole» C'Otr77Cil A7rnzites i�15-2019 Seplcmher 4. 2019 CC-2. 2000 Paradise Drive— Adopt resolution approving the Memorandum of Encroachment between the Town of Tiburon and 2000 Paradise Drive (Caprice Restaurant) for valet service (Department of Public Works) Vice Mayor Fredericks asked for a clarification of staff and Councihnember Thier stated her intention to abstain from the vote because she was not present at the Public Hearing. MOTION: To adopt Consent Calendar Item No. 2. as written. Moved: Welner, seconded by Kulik VOTE: AYES: Fredericks. Kulik. Welner ABSTAIN: Thier ABSENT: Fraser PUBLIC HEARINGS PH-1. 130 Rancho Drive— Consider approval of an application for amendment to the Cypress Hollow Precise Development Plan for an additional 297 square feet of floor area to be constructed within the existing footprint of a single-family residence and to create a new secondary building envelope; Resolution (Community Development Department) Applicants: Michael Heckmann Owners: Eric and Kate Morse Assessor Parcel No.: 034-393-03 Senior Planner O'Malley said the Council was considering an amendment to the Cypress Hollow Precise Development Plan to increase the maximum floor area and create a secondary building envelope for an existing single-family dwelling. She explained the proposed addition to the home, and the creation of a 320 square foot secondary building envelope on the south side of the property to add an elevated deck and exterior stairway. O'Malley summarized the history of the Cypress I-Iollow Precise Development Plan and said multiple amendments to the Plan have been approved to increase the maximum floor area limit and to establish secondary building envelopes for the various lots. She reviewed staff's analysis of the proposal and compared the application to the Town's standard zoning requirements. She said the Planning Commission supported the proposed amendment. Vice Mayor Fredericks requested clarification on the location of the additional floor area and the exterior stairway. O'Malley explained the portion of the project already within the existing envelope and which portion would move into the secondary envelope. Councilmember Thier asked if any letters had been received or if similar projects had been completed in the neighborhood. O'Malley said two neighbors had written in with their acceptance of the project and she further explained that nine similar amendments had been requested and approved for the Cypress Hollow Precise Development Plan since annexation. Michael Heckmann. architect for the project. explained several details of the project and said alternatives were reviewed. but all had a Greater impact on the outdoor use of their home and the Page.3 of 7 Town Coamcil,14inntes 41-5-2019 Sep/eether -l. 2019 kid"s play area. He said the new stairway seemed to be the least intrusive concept to achieve the family's goals and noted that neighbors on both sides of the home have reviewed the proposal and had no comments or objections. Mayor Kulik opened the floor for public comment. There was none. Vice Mayor Fredericks said the Town has historically approved projects similar to this one and supported the proposal. Mayor Kulik said the Town is appropriately cautious when amending Precise Development Plans, and the Council agreed the proposal was a sensible amendment that is consistent with what has been done elsewhere in the neighborhood. MOTION: To adopt the Resolution reaffirming that the project is exempt from CEQA and conditionally approving the Precise Development Plan amendment for Lot 12 of the Cypress Hollow Subdivision. Moved: Fredericks, seconded by Thier VOTE: AYES: Fredericks, Kulik. Thier. Wehner ABSENT: Fraser PH-2. Unmanned Aerial Systems ("UAS") Regulations — Consider municipal code amendments that would regulate operation of UAS (commonly known as drones)— Introduction and first reading of ordinance Town Clerk Stefani said the Council had previously adopted an ordinance regulating the operation of unmanned aerial systems (drones) in "Tiburon in response to an incident at a local public school. She said soon after adoption. the Town received several letters expressing concern about the ordinance. She said staff has reviewed the letters and has returned to the Council tonight with recommended revisions to the ordinance. Mayor Kulik opened the floor for public comment. Kevin Hessel, the Ark newspaper, spoke in opposition to the proposed ordinance, and believed the regulation discussing intent to photograph school grounds should be stricken entirely because it violates the First Amendment. Ile said the draft ordinance is overreaching, not narrowly tailored and the Town does not have the authority to impose such rqulations. He said the ordinance would essentially ban FAA-compliant drone journalism. Nancy Lynch, Superintendent of Reed Union School District_ thanked the Council for prioritizing the safety and security of the students and noted that all visitors to a school campus, including press, must register in their office. She spoke in support of the revised ordinance. Mayor Kulik closed the floor for public comment. Vice Mayor Fredericks believed the ordinance to be appropriate and protects school children from safety hazards from drones operating from unidentified launchin,.) areas fronn unidentifiable Pure 4 of 7 Torn Council Minutes Sep/cnrher 4. 2019 persons. She felt the requirement for operators to identify themselves and seek permission to operate was appropriate and supported the ordinance. Mayor Kulik spoke of the Council's priority to protect the safety of children. He noted the provision in the ordinance that regulates against knowingly and intentionally operating a drone to record or transmit images without permission. He felt satisfied with this language and supported the ordinance. Councilmember Thier said the Council removed sections of the ordinance in response to the concerns raised. She said the Council had worked with the Town Attorney to craft a more narrowly tailored ordinance that addresses the school's concern directly. She emphasized the importance of protecting local children and ensuring their photographs are not being used without their permission. She supported the ordinance. but asked the Council to consider adding an exemption for press and the media. Councilmember Weiner said he was willing to support the ordinance but also asked the Council for input on two possible revisions to narrow the ordinance further. He suggested adding language to indicate a 400-foot ceiling, to ensure consistency with the rest of the ordinance, and/or adding an additional horizonal buffer around school property. The Council debated Weiner and Thier's suggested amendments, and agrced to amend the ordinance by adding a 400-foot ceiling to regulation 95 of 25-4(c). The Council did not include the amendments for a horizontal buffer, as suggested by Weiner, or Thier's requested press exemption. MOTION: To introduce the ordinance and read by title only, as amended. Moved: Fredericks, seconded by Thier VOTE: AYES: Fredericks, Kulik_ Thier. Weiner ABSENT: Fraser Mayor Kulik read "An Ordinance of the Town Council of the Towrn of Tibw-on Amending Chapter 25-4 to the Tiburon Municipal Code hnposing Safety Requirements on the Operation of Model Aircraft and to hmpose Restrictions Consistent with Certain Federal Aviation Rules on the Operation of Both Model Aircraft and Civil Unmanned Aircraft Systems (UAS)_. Commonly Known as Drones", as amended. ROL CALL VOTE: AYES: Fredericks. Kulik_ Thier. Weiner ABSENT: Fraser ACTION ITEMS AI-1. Parking Agreement— Consider approval of a Parking Lot Operation Agreement between the Town and ACV Argo Tiburon. and adoption of a Resolution authorizing the Tiburon Police Department to regulate the parking of vehicles on an Off-Street Parkinh) Facility (Office of the Town Manager) Page 5 of'7 I'Mr/i Council i bint[es r'r15-2019 September 4. 2019 Town Manager Chanis reviewed a proposal for a modest agreement with ACV Argo Tiburon, the company that owns two parking lots in downtown Tiburon. that would allow the Town to take a more active role in management of these lots. He said the Town's responsibility in the agreement would be to provide routine maintenance to the lots, litter control, minor landscape maintenance and enforce parking regulations. He said the Town would retain enforcement revenue. He said ACV Argo's responsibility would be the completion of major repairs and to provide a short-term parking program in their fee structure. He said the Town would also be provided parking spaces for employees, the ability to install electric vehicle charging stations and ability to utilize the parking lots for up to five special events per year. Vice Mayor Fredericks asked if the new rate structure would still accommodate bus or ferry commuters that park in the lot(s) all day. Chains said commuters will be able to purchase a monthly pass. Councilmember Thier recommended the Council consider adding a clause to the agreement that any electric vehicle charging stations that the Town might install not be privatized if the agreement is terminated. The Council discussed several possible ways to accomplish this. Mayor Kulik noted that all benefits granted to the Town by this agreement are new benefits, and the Town currently has no privilege over either of these lots. He commented that the agreement may also help the library comply with a required condition of approval for nearby short-term parking and could even assist with parking issues that may arise during the library reconstruction. Councilmember Weiner expressed concern that the parking fee structure. negotiated to include a free hour of parking, was not memorialized appropriately as part of the agreement. The Council agreed additional language would be appropriate. Mayor Kulik opened the floor for public comment. There was none. The Council discussed authorizing the "Town Attorney to negotiate an amended agreement based Oil incorporating language to better memorialize the free 11ou1- of parking. The "1 own Manager said the agreement would come back to the Council for review if the two pantie, could not agree on terms. MOTION: To adopt the Resolution. as amended. and authorize the Town Attorney to negotiate a new draft agreement incorporating the Council's dircetion and authorize the Town Manager to sign the amended agreement. Moved: Thier. seconded by Fredericks VOTE: AYES: Fredericks. Kulik. Thier. Weluer ABSENT: Fraser TOWN COUNCIL REPORTS Pale 6 of 7 Town Council MinaNcs h=15-2019 Seplentber 4, 2019 None. TOWN MANAGER REPORT None. WEEKLY DIGESTS Received. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon. Mayor Kulik adjourned the meeting at 8:45 p.m. R DA ID KU ,IK. MAYOR ATTEST: ATEAS � ��NI, TOWN CLERK Pcige 7(?1'7 7oiin ( '01117Cil Nlhnilcs ;'1-5-2019 Seplentber�. 2019