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HomeMy WebLinkAboutTC Agd Pkt 2014-12-03TOWN OF TIBURON Regular Meeting Tiburon Town Hall Tiburon Town Council 1505 Tiburon Boulevard December 3, 2014 Tiburon, CA 94920 Regular Meeting - 7:30 p.m. Council Photograph - 7:45 p.m. TIBURON TOWN COUNCIL CALL TO ORDER AND ROLL CALL Councilmember Fraser, Councilmember O'Donnell, Councilmember Tollini, Vice Mayor Doyle, Mayor Fredericks ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion of the Town Council unless a request is made by a member of the Town Council, public or staff to remove an item for separate discussion and consideration. If you wish to speak on a Consent Calendar item, please seek recognition by the Mayor and do so at this time. 1. Town Council Minutes — Adopt Minutes of November 5, 2013 Meeting (Town Clerk Crane Iacopi) 2. Annual Appointments List — Adopt Annual List of Appointments made by Town Council in 2014 pursuant to state law (Town Clerk Crane Iacopi) 3. Agreement with Marin Sanitary District No. 5 — Approve Agreement between Town and Marin Sanitary District No. 5 formalizing practice of mutual waivers of fees and charges (Town Manager Curran) ACTION ITEMS: REORGANIZATION OF TOWN COUNCIL 1. Remarks by Outgoing Mayor (Mayor Fredericks) 2. Flection of Mayor - The outgoing Mayor will entertain nominations for the Office of Mayor and conduct the election. 3. Flection of Vice Mayor - The new Mayor will conduct the election of Vice Mayor. 4. Town Council Comments - The Council may share any additional comments at this time. 5. Town Council Photograph - Photographer Diane Smith will photograph the new CounciL TOWN COUNCIL REPORTS TOWN MANAGER'S REPORT Discussion of Meeting Recess (cancellation of December 17, 2014 regular meeting; January 2015 meeting schedule) WEEKLY DIGESTS • Town Council Weekly Digests -November 21 & 28, 2014 ADJOURNMENT GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (415) 435- 7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing at the public counter located at Tiburon Town Hall, 1505 Tiburon Boulevard, and at the Belvedere -Tiburon library located adjacent to Town Hall (1501 Tiburon Boulevard) during normal business hours prior to the Council meeting. In addition, agendas, minutes and staff reports are posted on the Town's website, www.ci.tiburon.ca.us. Any documents produced by the Town and distributed to a majority of the Town Council regarding any item on this agenda, including agenda -related documents produced by the Town after distribution of the agenda packet 72 hours in advance of the Council meeting, will be available for public inspection at Town Hall, 1505 Tiburon Boulevard, Tiburon CA 94920. Closed session and privileged documents are not subject to these requirements. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability -related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. TOWN COUNCIL MINUTES CALL TO ORDER CC) Mayor Fredericks called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, November 5, 2014, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Ia90:32Y Ili:*Xffl0Il[01lei Doyle, Fraser, Fredericks, O'Donnell, Tollini Town Manager Curran, Town Attorney Danforth, Director of Administrative Services Bigall, Director of Public Works/Town Engineer Barnes, Director of Community Development Anderson, Police Chief Cronin, Planning Manager Watrous, Town Clerk Crane Iacopi Prior to the regular meeting, the Council met in closed session, beginning at 6:30 p.m., to discuss the following: CLOSED SESSION PUBLIC EMPLOYEE PERFORMANCE REVIEW (Section 54957) Titles: Town Attorney CLOSED SESSION ANNOUNCEMENT, IF ANY Mayor Fredericks said there was nothing to report. ORAL COMMUNICATIONS Fran Wilson, Marin Commission on Aging, thanked the Council again for appointing her to the Commission. She announced the next meeting of the Commission would take place in the Town Council Chambers on November 13, from 10 a.m. until 12:30 p.m. and the topic was HICAP, a program that provides free service to seniors to help them answer their questions about Medicare and other insurance issues. Lorne Greene, 45+year resident, asked the Council to please reconsider the offer of a long-term loan to the Town of the DiSuvero sculpture, Huru. She said there was overwhelming public Town Council Minutes #16-2014 November 5, 2014 Page l support, as evidenced by letters to the Ark. She said that many were concerned that the matter had not been open to public discussion. She said that DiSuvero was an internationally acclaimed sculptor and that a world-renowned curator from the San Francisco Museum of Modern Art had offered free services to place the piece at McKegney Green so that the views and the field usage would not be impacted. Andrea Morgan, Tiburon resident and affiliate of SF MOMA, talked a little about the DiSuvero family and its connection to the McKegney family who had sponsored the DiSuvero family in their emigration from Shanghai, China to the US. Ms. Morgan said that Mark DiSuvero was a pioneer and is without peer in his exhibition of public sculpture worldwide. She noted the locations of other installations of his work. She said that she could not imagine a better way for the Town to gain recognition than by accepting this piece. Catherine Cooper Gershbein, describing herself as a "regular citizen", said she had been shocked to learn of the Town's rejection of the sculpture and likened it to turning down the gift of a Picasso. She, too, asked the Council to reconsider its decision. Richard Rozen, 45 -year resident, added his voice to the request for reconsideration by offering up the idea of a committee of volunteers who would be willing to study the offer and site -related issues and prepare a report for the Council. He said that he was simply asking for the matter to be put back on the table and for the Council to engage in a hearing process. Tony Hooker, 43 -year resident, echoed Mr. Rozen's remarks asking the Council to revisit the issue and perhaps appoint a committee. He said this generous offer would be well worth the time and effort to study it. Megan Escher, "believer in public art", said that art was important because it builds community and sparks conversation. She said she could not understand why the sculpture could not be considered, especially because it represented to her "world class art" for a "world class town". Councilmember O'Donnell briefly responded by saying that the decision not to accept the sculpture was not handled lightly. He noted that the Town has supported public artwork and referenced the world-class exhibition last year during the Tiburon Art Festival. But he said the town lacked a setting for this piece. He said its size was enormous and that it would loom 20 - feet above the roadway if placed at Blackie's Pasture. He likened it to receiving a gift of a Picasso that was 12 -feet high and only having a home with a 10 -foot ceiling to place it in. Mayor Fredericks said that the Council does not normally comment on matters presented during Oral Communications. She thanked the speakers for their interest and passion for the topic. INTRODUCTION OF NEW TOWN EMPLOYEES • Suzanne Creekmore, Management Analyst Town Council Minutes #16-2014 November 5, 2014 Page 2 Director of Administrative Services Bigall introduced the newest member of Town staff, Management Analyst Suzanne Creekmore. She said that Ms. Creekmore had previously worked for the Town's Public Works Department and had gone on to receive a BA degree and obtain work experience in the "tech" industry as a human resources specialist. She welcomed Suzanne back to the Town. Ms. Creekmore said she was very happy to be back and looked forward to working again in the public sector. The Council added its welcome, as well. CONSENT CALENDAR 1. Town Council Minutes — Adopt Minutes of October 1, 2014 regular meeting (Town Clerk Crane Iacopi) 2. Town Investment Summary — Accept report for period ending September, 2014 (Director of Administrative Services Bigall) 3. Business Citizen of the Year — Adopt resolution commending Captain Maggie McDonogh, Angel Island Ferry, as the 2014 Business Citizen of the Year (Town Clerk Crane Iacopi) 4. 2015 Streets Overlay Project — Award of contracts for design and construction management for the 2015 Streets Overlay Project (Director of Public Works/Town Engineer Barnes) 5. Reconveyance of Deed of Trust —Adopt resolution approving, and authorizing the Town Manager to sign, a reconveyance of deed of trust for 7 Marsh Road, in Tiburon, CA upon full repayment of the loan secured thereby; AP No. 058-440-27 (Town Attorney Danforth) MOTION: To adopt Consent Calendar Item Nos. 1 through 5, as written. Moved: Fraser, seconded by Doyle Vote: AYES: Unanimous PUBLIC HEARINGS 1. 515 Hilary Drive — Appeal of Design Review Board approval of a site plan and architectural review application for the construction of a fence for an existing single-family dwelling (Community Development Department) Appellants: David and Charito Mittelman Owners: Rich and Christi McElreath AP No.: 039-133-10 Planning Manager Watrous reviewed the history of the fence application at 515 Hilary Drive and the 10 grounds of the appeal filed by the neighbors at 20 Rowley Circle, Dan and Charito Town Council Minutes #16-2014 November 5, 2014 Page 3 Mittelman (as detailed in the written staff report). Councilmember Fraser asked about the length of the fence approved by the Design Review Board. Watrous said the plans say the fence is 68 feet, and that was the length approved by the Board. However, he said that the applicant had informed him today that it had been scaled incorrectly and was actually estimated to be 78 feet. He said that as a de novo hearing, this could be taken into consideration by the Council. Councilmember O'Donnell asked whether the story poles in place were meant to show a five- foot high fence, approved by the Design Review Board. Planning Manager Watrous said that the applicants could best answer this question. Mayor Fredericks opened the public hearing to the appellants at 8:03 p.m. Appellant Dan Mittelman introduced himself and distributed some additional photographs. He referenced the enlarged photos of two side-by-side fences he had placed on the tack board in the Chambers. He said that be and his wife were opposed to a fence looking like that. He said that their house faced south and that is what they would look at, if the applicants were allowed to build their proposed fence. Mr. Mittelman asked how the McElreaths could be allowed to build a fence that doesn't comply with the Zoning Ordinance which, he said, required a finding that a structure should not have a significant visual effect or view impact. He opined that the DRB perhaps hadn't seen the fence or that there was a mistake in the staff report and minutes that failed to mention that approval of the application would result in two fences remaining. He said a realtor had told him that this will devalue his property. Mr. Mittelman said that for 50 years a fence in the current height has been there; he said that the approved fence would "take away our feeling of being out in nature" and create a "walled in" effect. Mr. Mittelman referenced a letter from a Mr. King that had come in as "late mail" and supported the Mittehnans' position. In his letter, Mr. King said he had grown up in the neighborhood and said the fences there had always been low. He said he felt a five-foot fence was inappropriate and that the way the houses cascade down the hill creates a natural barrier between them. The letter also stated that the houses in Del Mar were designed to engender a sense of openness and Mr. Mittelman said that "a five-foot fence will undercut our natural view." Mittelman disputed the contention of his neighbors at 515 Hilary that the fence was in disrepair; he said that this was not true, and that contractors had verified this. The appellant noted that houses on Rowley Circle look down onto Hilary Drive, so that the houses on Hilary use landscaping as screening for privacy. He said the McElreaths had trimmed their trees and landscaping and had contributed to their own lack of privacy. But he said they had Town Council Minutes #16-2014 November 5, 2014 Page 4 not trimmed their trees for the benefit of their neighbor's views. He added that he wished that permits were required for landscaping. Appellant Charito Mittelman said that they would never consider putting up a fence if their neighbors objected. She said that what was really going on is that the McElreaths want to convert their upper terrace comer to an entertainment center, and that they want to `wall us out" and take away our natural views. Councilmember Tollini asked Mr. Mittelman if the current fence separated the properties and whether the Mittelmans could take the fence down if they wanted to. Mr. Mittelman acknowledged that they could do so. Mayor Fredericks opened the hearing to the applicants. Christi McElreath said she had "no idea what they [the Mittelmans] are talking about" with regard to an entertainment center. She said there was a gym mat and zip line in that location for their children (and that the zip line and a tree house elsewhere on the site would be removed). She asked the Council to please correct her typographical error on the plans of 68 versus 78 feet. Mrs. McElreath said the terraces on their property had been there since they purchased it, but that they were in disrepair and were in the process of being repaired. She said there was no view to be had in that location, only a view into their house and into their backyard. She said she could not see how the fence would [adversely] affect the Mittelman's views; and that the only thing she had removed from her landscaping was some unsightly chicken wire. Mrs. McElreath said that the Town's Code would allow up to a six-foot fence; also that she and her husband had offered to rebuild the fence on top of the retaining wall and close the gap between the yards. She said they had presented many fence styles to the Mittelmans which were all rejected. Then, she said one day the Mittelmans' landscaping had been removed and a raised patio was visible. Mrs. McElreath said that there were a number of six-foot fences on Rowley Circle (3 out of 8) so that it was not unreasonable or unheard of to have a fence this height; also they had agreed to the height of five feet for their fence. Mrs. McElreath also noted that they had offered to remove the Mittelmans' fence for them; and that no one had objected to the new fence except for the Mittelman and the man who had written the letter (Mr. King). She said that what she and her husband want is a balance between [the Mittelmans] views and their [the McElreaths'] privacy; she said if they would agree to it, they would build the fence no more than 68 feet in length and would take care of the gap beneath it. She even offered to do plain panels and stain the wood to look like bam wood, if it was acceptable to the appellants. Vice Mayor Doyle asked how the Board had come up with the fence height. Town Council Minutes #16-2014 November 5, 2014 Page 5 Mrs. McElreath replied that they had offered to reduce the height to five feet and that a standard, six-foot fence could be built without a variance. But she said that a three-foot fence is way too short and even their kids could look over it. Mrs. McElreath said she did not want people looking over the fence into their bedroom and kitchen. The Vice Mayor commented that perhaps their neighbors' objection was not just the height of fence height but the fact that it would sit on top of a three-foot wall. Mayor Fredericks opened the hearing to the public, at 8:45 p.m. David Carroll said this was a great family neighborhood which didn't feel "socked in" or "walled in." He noted that his property grade is higher than the Mittelmans. He said he feared this DRB approval might create a wave of fences that get higher and higher as they go down the hill; that there is a sense of openness now and he'd like to keep it that way. Mayor Fredericks closed the public portion of the hearing and opened the appeal to rebuttal by the appellants. Mr. Mittelman said that he had been willing to consider alternatives, but that his answer consistently was "not six feet". He said that there were other people who had sent letters objecting to the fence application; and that the 3-1/2 foot tall fence did allow a feeling of openness between the yards that was not an illusion. He asked the Council to not approve a change to something that had benefitted the neighborhood for over 50 years... Mrs. McElreath said she had asked Mr. Mittelman whether there were any taller [than 3-1/2 feet] fence options he would consider and that he had said no. She said that she and her husband had followed the Town's approval process and had tried very hard to reach a consensus with their neighbors. Mayor Fredericks closed the public hearing. Mayor Fredericks asked for clarification of how the Town's regulations measure fence height when two fences are within three feet of each other. Planning Manager Watrous said that if the fences were too close, staff would measure from the bottom of one to the top of the other. However, he said the Code says that if there is three feet between them, they are different fences. He stated that about eight years ago, the Town's regulations changed so that an up -to six foot fence could be built on top of a three-foot retaining wall on properties where there was a difference in height at the shared property line. In her remarks, Councilmember Tollini said she could see the concerns of both parties in the appeal. On the one hand, she said she did not like big fences in general in Tiburon, and that she would prefer the use of landscaping for screening. Tollini said the Code allows for a fence unless it creates adverse impacts; but she also agreed that building a fence in that location would "close in" the property. Town Council Minutes #16-2014 November 5, 2014 Page 6 Vice Mayor Doyle said that he hated to see neighbors "go at it" like this. He said that there was a water view from the Mittelmans' patio but not from the other end of the yard. He said that he would tear down the existing fence and build a new one but stick with the existing height and perhaps add hog wire and a trumpet vine on top for extra screening. He said this would create privacy looking downhill and looking uphill, there would be a sense of greenery. This would create privacy but not an enclosed feeling, according to Doyle. He also said he would not extend the fence beyond 62 feet to preserve the view from the kitchen. Councilmember O'Donnell said that it was sad to see the rancor between neighbors; he said that the previous owner of 20 Rowley Circle, Hank Broderick, was a conciliatory and fair person and had done so much to improve the neighborhood. He said that there had to be room for compromise in this situation. With regard to Town regulations, O'Donnell said that the Mittlemans did have an expectation of retaining their view of the water and that a 78 -foot -long fence would impact it and was not acceptable. He said there was a post at the 62 -foot mark and if the fence stopped there this would allow the remaining six feet to be open for a view and would still prevent seeing into the McElreaths' bedroom. He said he thought that was the way to go. That being said, he acknowledged the property rights of the McElreaths, but also said they should have consideration of their neighbors. The Council went on to discuss various fence designs and structures — partially open at the top; slats, not wire; and the length of 62 feet seemed to gain consensus. Mayor Fredericks asked about the Town's regulations concerning "slot views." Watrous said that the Hillside Design Guidelines contain a variety of principles regarding protection of views. He said that a kitchen is a primary living area and views from primary living areas are important under the Hillside Design Guidelines. Councilmember Fraser agreed that a compromise was called for; that there should be no "winners or losers" in this appeal. He said that the five-foot fence design approved by the DRB did not seem onerous to him and that the opening on top seemed acceptable. He said there should not be two fences; also agreed that the gap below should be filled. Fraser acknowledged the property rights of the McElreaths. He said that he didn't think an entertainment center was being created, but that maybe removing the tree house and taking down the zip line was a good idea. He said it was reasonable for the residents of 515 Hilary to have their privacy. Mayor Fredericks agreed that the five-foot fence with a filtered/open top did not seem onerous. She agreed that one fence would be preferable and that the gap should be filled. She said that the argument that this was not consistent with neighborhood character was not compelling, per the Zoning Ordinance. She said that if the Mittelman's view could be preserved and it could be accomplished with a fence with greenery on top, fine; but she said the DRB had found that their view was not impacted with a five-foot fence. Town Council Minutes #16-2014 November 5, 2014 Page 7 Mrs. McElreath said she could not support the idea of using greenery on top of the fence because of the drought. Mrs. McElreath said that they no longer water some of their landscaping because of the drought and had replaced their lawns with artificial grass. Mayor Fredericks said that what the applicants had requested was not unreasonable. She made a motion to deny the appeal. The motion died due to lack of a second. Councilmember O'Donnell offered the idea of a five-foot fence, with slats or wire on top, no longer than 62 feet. Mr. Watrous said the five-foot fence in a style that had been approved by DRB was as Exhibit 12 of the staff report. O'Donnell said he thought it was a good compromise. O'Donnell said he would make a motion to partially grant the appeal to keep the five-foot fence and style approved by the DRB but to shorten the length of the fence to 62 feet. The appellant said that you really could not see through the lattice at the top of the fence. O'Donnell replied that the Council was shortening the length by six feet for their [Mittelmans'] view protection. Mr. Mittelman asked if the Council was making him cut down his fence. Vice Mayor Doyle said no, but that's what he would do. MOTION: To direct staff to return with a resolution partially granting the appeal, adding a condition of approval reducing the fence length to 62 feet. Moved: O'Donnell, seconded by Fraser Vote: AYES: Fraser, Fredericks, O'Donnell, Tollini NOES: Doyle ACTION ITEMS Encroachment Permit Policy — Recommendation to adopt resolution amending the Town's Encroachment Permit Policy (Town Staff) Director of Community Development Anderson said that earlier this year, the Town Council heard an appeal involving the Town's Encroachment Permit Policy, originally adopted in 2010, regarding property at 1897 Mar West Street. At the conclusion of the appeal hearing, he said the Council directed staff to return at a future meeting with amendments to the policy that would offer more flexibility in the review and approval of similar applications proposing encroachments on Town land and right-of-way. Anderson said the key change to the policy is in Section C-5 (Allowable Purposes). He said the proposed amendments to that section broaden the opportunities to grant an encroachment permit, especially those permits involving parking that would be required by code for a new use. He said that a corresponding amendment to Section D-1 (Impermissible Purposes) is also proposed. Town Council Minutes #16-2014 November .$ 2014 Page 8 The Director said additional proposed amendments to the policy include a new Section F (Encroachment Permit Application Requirements) amplifying the requirements set forth in Chapter 19 and allowing for independent review at the discretion of the Town Engineer when circumstances warrant such review. Anderson said the staff report also included an Memorandum of Encroachment form (an attachment) that is recorded with approval of the most substantive encroachment permits. He recommended one additional amendment, which was to delete the "fee waiver" section in favor of relying on the Town's main fee waiver policy. He recommended that the Council adopt the resolution amending the policy as described. Councilmember Fraser asked whether the definition of public safety benefit in Section C5 (c) could be changed to eliminate "substantial and material". Mayor Fredericks commented that specific words have meaning and in this sense, give weight to the definition. Town Attorney Danforth said that the definition was a more common legal phrase and was meant to make clear the standards for use of public land. Councilmember O'Donnell agreed that the phrase was appropriate and should be retained, given the nature of the encroachments that would constitute long-term use of public property. Fraser also asked about the definition of "new use" in the same paragraph. He said that Section 16-32110 refers to a "change of use" (parking code); he wondered if these definitions were the same or could be changed to be the same. Councilmember Tollini suggested that the term "new use" could be defined in the document. Director Anderson said that "change of use" is different than "new use" in that it connotes the number of parking spaces and the like. He said that in the wording as proposed, staff was trying to say that the parking allowed to be applied for would be required under today's standards, not some lesser "grandfathered" parking amount. He said that "new use" was not a perfect term but seemed to best define the proposed amendment. Anderson then provided a reworded sentence regarding "new use" that the Town Council agreed was superior and accepted. Mayor Fredericks opened the matter to public comment. There was none. MOTION: To adopt the resolution, amending the policy as recommended by staff, including the rewording of the new use provision. Moved: O'Donnell, seconded by Tollini Vote: AYES: Unanimous Town Council Minutes #16-2014 November 5, 2014 Page 9 TOWN COUNCIL REPORTS Councilmember Fraser reported that the school bus committee, comprised of RUSD Steve Superintendent Herzog, Board President Dana Linker Steele, two representatives each from the Tiburon and Belvedere Councils, the two city managers, three residents, and Marin Transit Manager Robert Betts, had met four or five times. He said they had hired Tim Ammon, commissioned a survey by Godbe Research, and had done research of their own into optimum routes and other issues which would be all compiled into a plan to present to the comrnunity in early 2015. Councilmember O'Donnell said that bus pass sales would commence on April 1, 2015. Town Manager Curran said that the committee would come back to the Council in early 2015 about the program before it went out to the community. Mayor Fredericks thanked the committee members for their report and commended them for the expertise they had brought to this undertaking, Mayor Fredericks did note her concerns about the use of Town resources for this project and the impacts on the Town's General Fund. She said she hoped the committee would consider a more sustainable, long-term solution. An announcement was also made about a Highway 101 Ramp Metering Light workshop in Mill Valley on November 20, 5:30 p.m. at the Community Center. TOWN MANAGER'S REPORT None. WEEKLY DIGESTS • Town Council Weekly Digests October 3, 10, 17, 24 & 31, 2014 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Fredericks adjourned the meeting at 9:50 p.m. ALICE FREDERICKS, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes 916-2014 November 5, 2014 Page 10 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Office of the Town Clerk Town Council Meeting December 3, 2014 Agenda Item: /y _ 7 Recommendation to Adopt Annual Local Appointments List Pursuant to Town Council Appointments Procedure (Resolution No. 16-2007) and State Law (Government Code Section 54972), the Town Council is required to adopt and publish a list of local appointments it has made to boards and commissions during the year, prior to December 31 of each year. The list is posted at the Town Hall and a copy is sent to the Belvedere -Tiburon Library for public review. A list of appointments made by the Town Council for the period January through December 2014 is attached for Council's adoption. At the first regular meeting in 2015, staff will return to the Council with the Town Council Committee Appointments list for revisions, following tonight's reorganization of the Council. I I 11)uTlu I a1►117:� Y [SAI Staff recommends that the Town Council: Adopt the Annual Local Appointments List for January through December 2014. Exhibits: 1) List of Local Appointments January through December 2014 2) Town Council Committee Appointments 2014 Prepared By: Diane Crane Iacopi, Town Clerk TOWN OF TIBURON PAGE 1 OF 1 TOWN OF TIBURON LOCAL APPOINTMENTS LIST Period Covered = January through December 2014 (Pursuant to Govt. Code Section 54972) For publicalion in December2014 Commission Incumbent Date Term Qualifications Appointed Expires PLANNING Tiburon COMMISSION Resident John Corcoran June 2008; February 2018 reappointed March 2010; reapptd. 2014 Jon Welner January February 2018 2012; reapptd. 2014 David Kulik July 2013 February 2017 Lou Weller June 2011; February 2016 Reappointed February 2012 Erica May 2014 February 2015 Williams (replaced Erin Tollini who was appointed to Town Council) DESIGN REVIEW Resident of BOARD Tiburon Peninsula Bryan Chong March 2008; February 2016 reappointed February 2012 For publicalion in December2014 For publication in December2014 2 Michael June 2008; February 2016 Tollini reappointed February 2012 John March 2009; February 2015 Kricensky March 2011 Linda July 2010 February 2015 Emberson Gordon April 2013 February 2017 Cousins PARKS, OPEN SPACE 5 Members; 1 & TRAILS can be from (formed pursuant to Town Belvedere or Council Resolution No. Tiburon 22-2008) Peninsula Peter Winkler June 2008; February 2015 March 2011 Michael June 2008; February 2016 McMullen reappointed February 2012 Phillip June 2008; February 2016 Feldman reappointed February 2012 Holli Their June 2014 February 2018 (replaced Robert McDermott) Park Allen May 2010; February 2018 reappointed March 2014 HERITAGE & ARTS Resident of COMMISSION Tiburon Peninsula (see Resolution No. 31-2014) For publication in December2014 2 For publication in December2014 3 Daniel Amir February February 2016 2012 Francella Hall October February 2018 2012; reapptd. 2014 Azita de October February 2018 Mujica 2010; reapptd. 2014 Elizabeth Apptd. June February 2017 Merrill 2012; reapptd. 2013 Marlene Rice March 2007; February 2015 March 2011 Phillip April 2013 February 2015 Ramirez Vince De June 2014 February 2018 Quattro (replaced Dave Gotz) Patricia July.2014 February 2016 Number of Pickett commissioners increasedto 9 by Resolution No. 31-2014, July 2, 2014 Lisa Cohan July 2014 February 2017 Victoria Comm. Arnett Emeritus (9/02) BUILDING CODE Formed APPEALS BOARD pursuant to (BCAB) Town Council Resolution 34- 2011 For publication in December2014 3 For publication in Decenmber2014 Mark February February 2015 Swanson 2012 Dave April 2012 February 2015 Kallmeyer Jerry April 2012; February 2018 Thompson reapptd. March 2014 Chuck April 2012; February 2017 Clemons reapptd. Feb. 2013 Rich Ostaggi June 2012; February 2017 reapptd. Feb. 2013 THE RANCH (Jt. Jerry Riessen October February 2015 3 Tiburon Recreation) 1992; Residents COMMITTEE February (City of (Joint Powers Agreement states that terms shall be 1999; February Belvedere and RUSD make for two years; Town Council previously made 4 -year appointments but 2003; February 2007; separate appointments) has updated its procedure; March 2011; also in 2012 the bylaws March 2013 were revised to add 2 new voting members --one council member from Tiburon and one from Belvedere) Nuria lbars Apptd. February 2016 October 2012; reapptd. March 2014 Jane Jacobs Nov. 2008; February 2015 March 2011; reapptd. February 2013 For publication in Decenmber2014 For publication in December2014 Jim Fraser January Annual (TC rep) 2010; Appointment appointed by Town Voting Council in Member January June 2012; reapptd. January 2014 AJ Brady February February 2016 (RUSD) 2014 DISASTER ADVISORY No set term Tiburon COUNCIL limit Resident; Belvedere & RUSD make separate appointments Ellen Rony February 2003 James Sherman (Paradise Cay) Jim Fraser January (Town 2010; June Council) 2012; January 2014 BELVEDERE/TIBURON (3) Tiburon LIBRARY BOARD OF Residents; (3) TRUSTEES Belvedere appointees; RUSD appt. is ratified by both Councils Ric Postle June 2011; June 2017 reapptd. June 2014 For publication in December2014 Forpublication in December2014 6 Tom Gram November June 2015 2012 Jeff Foran May 2013 June 2016 Ann Alywn June 2010; June 2016 (RUSD) reapptd. June 2014 MARIN COMMISSION Fran Wilson July 2014 June 2017 Tiburon ON AGING (replaced (3 -year term) resident (over (Each of the 11 cities and towns in Marin County Allan Bortel who served 12 age 60) has an appointment to the years ) Commission on Aging) HILARITA-TIBURON Carolyn Grey VACANT No set limit Resident and REPRESENTATIVE (Tiburon interest in appointment affordable to Board of housing issues Directors) and resigned in knowledge of April 2013 Town's policies on affordable housing TOWN HISTORIAN Branwell August 1999 No set term Resident Fanning limit TOWN TREASURER William Osher January No set term Resident - 1998 limit Financial Background [see Town Code] TOWN ARTIST Jaleh Etemad September August 2016 See H&A LAUREATE 1 2012 Guidelines Forpublication in December2014 6 S.Administration/Town Council/Staff Reports.12014 Last updated 11119/14 For publication in December2014 MOSQUITO Col. Roger Position Law no longer Resident ABATEMENT BOARD Smith — Vacant requires an (resigned in appointed representative; August 2014) (Col. Smith offered to serve until 2014). See Also: TOWN COUNCIL COMMITTEEAPPOINTMENTS LIST S.Administration/Town Council/Staff Reports.12014 Last updated 11119/14 For publication in December2014 TIBURON TOWN COUNCIL COMMITTEE APPOINTMENTS 2014 I. STATE & REGIONAL AGENCIES ASSOCIATION OF BAY AREA GOVERNMENTS (General Assembly meets in April and October) Jim Fraser, Delegate Emmett O'Donnell, Alternate 2. MARIN CLEAN ENERGY BOARD OF DIRECTORS (Meets I" Thursday from 7-9p. in. at 1 McGinnis Parkway, San Rafael) Emmett O'Donnell, Delegate Erin Tollini, Alternate 3. COMMUNITY DEVELOPMENT BLOCK GRANT PRIORITY -SETTING COMMITTEE (CDBG) (Meets twice a year in Marin City and at Civic Center) Frank Doyle, Delegate Jim Fraser, Alternate 4. LEAGUE OF CALIFORNIA CITIES (Meets quarterly and at the Annual Conference in September; other events as published) • Voting Delegate for Town of Tiburon • Transportation, Communication & Public Works State Policy Committee - (Appointment by League President) Alice Fredericks 5. MARIN CLIMATE ENERGY PARTNERSHIP (ICLED Local Governments for Sustainability (Meets I" Thursday, San Rafael City Hall) Kyra O'Malley, Staff Liaison & voting board member 6. MARIN EMERGENCY RADIO AUTHORITY BOARD OF DIRECTORS (Meetings scheduled as needed) Police Chief Michael Cronin Erin Tollini, Alternate Capt. David Hutton, 2"d Alternate 8. MARIN TELECOMMUNICATIONS AGENCY BOARD OF DIRECTORS (Meets 2id Wednesday from 7-9 p. in., San Rafael Cit), Hall) Jim Fraser, Delegate Frank Doyle, Alternate 9. RICHARDSON BAY REGIONAL AGENCY BOARD OF DIRECTORS (Meets monthly on 2nd Wednesday at 6:00 p.m. - Sausalito City Hall) Erin Tollini, Delegate Emmett O'Donnell, Alternate Adopted January 15, 2014; updated November] 9, 2014 Page 1 of e�x 10. TRANSPORTATION AUTHORITY OF MARIN BOARD OF DIRECTORS (Meets monthly on 4th Thursday at 7:30 p.m. - Board of Supervisors Chambers, Civic Center) [Four year terms, effective May 1, 2008] Alice Fredericks, Delegate Erin Tollini, Alternate • Fredericks serves as the cities' Southern Marin Representative to the TAM Executive Committee • Fredericks serves as TAM's representative to MCCMC • Fredericks serves on the TAM Legislative Committee • Fredericks was appointed to serve on the SB 375 Marin SCS Ad Hoc Committee formed by TAM in February 2011; she was reappointed by the Town Council on July 18, 2012 • Fredericks was elected Chair of TAM in 2011 11. TRANSPORTATION AUTHORITY OF MARIN (Safe Routes to School ad hoc subcommittee) Jim Fraser — Town Appointee (January 2014) 12. CITIZEN'S ADVISORY COMMITTEE OF THE WATER EMERGENCY TRANSIT AUTHORITY (Meetings scheduled as needed— San Francisco) Emmett O'Donnell, Delegate Alice Fredericks, Alternate 11. LOCAL AGENCIES/COMMITTEES 1. BELVEDERE-TIBURON JOINT DISASTER ADVISORY COUNCIL (Meets bi-monthly on 2nd Tuesday from 4:00 - 5:30 p.m. in the Town Council Chambers) Jim Fraser, Town Council Representative 2. BELVEDERE-TIBURON JOINT RECREATION COMMITTEE (The Ranch) (Meets bi-monthly on 3'd Monday in the Town Hall Community• Room) Jim Fraser, Town Council Voting Member (as of June 2012) Adopted January 15, 1014; updated Novemberl9, 2014 Page 2 of Ill. TOWN AD HOC COMMITTEES - (in alphabetical order) (Meetings scheduled as needed) 1 AFFORDABLE HOUSING i. Alice Fredericks ii. Erin Tollini 2 2014-2015 BUDGET i. Emmett O'Donnell ii. Alice Fredericks 3 DAIRY KNOLL PROJECT i. Jim Fraser ii. Emmett O'Donnell 4 DOWNTOWN PARKING i. Jim Fraser ii. Emmett O'Donnell 5 DOWNTOWN REVITALIZATION i. Jim Fraser ii. Frank Doyle 6 LEGAL SERVICES i. Erin Tollini ii. Alice Fredericks 7 LEGISLATIVE ACTION i. Alice Fredericks (current Mayor and MCCMC Legislative Committee appointee) ii. Emmett O'Donnell 8 LITIGATION i. Alice Fredericks ii. Jim Fraser 9 LYFORD DRIVE PARKING i. Emmett O'Donnell ii. Erin Tollini 10 MARTHA PROPERTY APPLICATIONS i. Alice Fredericks ii. Jim Fraser 11 PENINSULA SIRENS i. Emmett O'Donnell ii. Jim Fraser Adopted January 15, 2014; updated Novemberl9, 2014 Page 3 of 4 12 SCHOOL BUS COMMITTEE i. Emmett O'Donnell ii. Jim Fraser V. MCCMC APPOINTMENTS • Nominated by MCCMC and appointed by Board of Supervisors Golden Gate Bridge_Highwav & Transportation District Board of Directors (Meets 2nd & 4`" Fridays at10 a.m., GGBHTD offices) Alice Fredericks • Town Appointments to MCCMC Committees Legislative Committee (Meets4thd Monday at 8:00 a. m., San Rafael City Hall) Alice Fredericks (also serves as Chair) No alternate 2. JPA Oversight Committee (Meetings scheduled as needed) Jim Fraser, delegate No alternate VI. TOWN APPOINTMENTS IN OTHER AREAS OF INTEREST MarinMap Steering Committee (Meetings scheduled as needed) [Vacant] Marin County Hazardous & Solid Waste JPA (Meets quarterly) Peggy Curran Marin Green BERST (Green Building. Energv Retrofit and Solar Transformation Collaborative) (Meetings scheduled as needed) [Vacant] Delegate — [Planning Commissioner] Emmett O'Donnell, alternate Adopted January 15, 2014; updated Novemberl9, 2014 Page 4 of 4 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Office of the Town Manager Town Council Meeting December 3, 2014 Agenda Item:C C 3 Recommendation to Approve Mutual Waiver and Cooperation Agreement Between the Town of Tiburon and Marin Sanitary District No. 5 The Town and Marin Sanitary District No. 5 (San 5), which collects and processes wastewater from a significant portion of Tiburon, have historically waived fees and charges associated with inter -agency activities. These include sewer charges, encroachment and building permit fees and so forth. The attached Agreement seeks to memorialize this practice to ensure consistent application of these waivers in the future. It was approved by the San 5 Board at its meeting of November 20, 2014. Staff believes approval of this Agreement will financially benefit the Town and other public entities on the peninsula, such as the Library and Dairy Knoll, which would otherwise be charged for sewer services. It will also serve to enhance the spirit of cooperation between the Town and San 5, significantly improving a relationship which was somewhat strained in recent years with the discord over the San 5 building renovation. The Agreement will simplify and clarify dealings between two agencies to the benefit of the public. ANALYSIS The Agreement memorializes a practice that has been in effect for many decades. There is one change in practice proposed in the agreement: that eligible San 5 and Fire District employees be provided higher priority access to the Town's seven units of employee housing at Point Tiburon Marsh. The current policy calls for a tiered approach to filling vacancies as they arise with the following priorities: (1) Town employees, (2) peninsula public employees and (3) the general public. This Agreement would marginally improve the standing of Sanitary 5 and Fire District employees, granting them second priority after Town employees. This is a reasonable request in that there is a public benefit to sanitary workers and fire suppression employees, often first responders in an emergency, living on the peninsula. Such employees would still have to meet income qualifications and other eligibility criteria. In exchange for this consideration, Sanitary 5 will waive all sewer charges for the seven units, a significant benefit of the Agreement. PAGE 1 OF 2 TOWN OF TIBURON Town Council Meeting December 3, 2014 FINANCIAL IMPACT The Agreement establishes a waiver of all sewer fees and charges for most public buildings in Town: Tiburon Town Hall, the Tiburon Police Station, the Corporation Yard, the Belvedere - Tiburon Library, the Dairy Knoll facility, the Donahue Building, the downtown restrooms and the seven residential units of employee housing mentioned above. The Town would waive all encroachment and other permit fees and charges it might otherwise impose. These vary widely from year to year, depending upon the work program of Sanitary 5. Overall, staff believes this arrangement is beneficial to both agencies, will reduce administrative time spent processing respective charges and reflects and will help sustain the mutual cooperation the agencies seek. Either party may terminate the Agreement by providing one-year written notice to the other. RECOMMENDATION Staff recommends that the Town Council: Approve the attached Mutual Waiver and Cooperation Agreement Between the Town of Tiburon and Marin Sanitary District No. 5. Exhibits: Agreement Prepared By: Peggy Curran, Town Manager To 'N OF T[BURON Page 2 of 2 Mutual Waiver and Cooperation Agreement Between the Town of Tiburon and Marin Sanitary District No. 5 This Agreement ("Agreemenf') is entered into by the Town of Tiburon, a municipal corporation ("Town") and Sanitary District No. 5 of the County of Marin, a public sanitary district formed under Division 6 of the California Health and Safety Code ("San 5"), on this _ day of 2014. Recitals 1. Both Town and San 5 exist for the betterment of life on the peninsula and the orderly and cost-effective delivery of vital public services. 2. Town owns and manages most public rights-of-way within the Town. The Town requires any party working within said rights-of-way to obtain an encroachment permit. Town performs inspections for said work. 3. Town also administers the California Building Code, which includes processing planning and building permits for non-exempt work, inspections of said work and determinations of compliance. 4. San 5's mission includes installation and maintenance of those portions of its collection system located within Town's rights-of-way and which are subject to Town encroachment permits and fees. 5. San 5 provides vital sewage collection and treatment services for residential and commercial properties in a significant portion of the Tiburon Peninsula, including most Town facilities such as Tiburon Town Hall, the Tiburon Police Station, the Belvedere -Tiburon Library, public restrooms in the downtown, the Public Works Corporation Yard, the Dairy Knoll Recreation Facility, the Railroad -Ferry Museum and seven Town -owned affordable housing units at Point Tiburon Marsh ("Housing Units"). 6. Town and San 5 have a long history of cooperation and, in most cases, the mutual waiver of fees and charges to maximize the efficiency and timeliness of their service delivery. 7. Town and San 5 wish to enter into an Agreement to establish a framework of mutual cooperation and waiver of fees and charges to ensure equal and even-handed treatment of such charges between the Parties. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, San 5 and Town agree as herein set forth: MUTUAL COOPERATION AND WAIVER AGREEMENT 2014 DRAFT PAGE l OF 3 Agreement Mutual Fee Waiver; Housing Unit Priority. a. Town agrees to waive charges and fees that it would otherwise impose upon San 5, including, without limitation, planning, building and encroachment permit or inspection fees and similar charges ("Town Charges"). b. San 5 agrees to waive charges and fees that it would otherwise impose on Town, including, without limitation, charges for sewer connections, sewer usage and other services and similar charges ("San 5 Charges"). C. The Town will offer available Housing Units for rental according to the following priority: (1) qualified Town employees; (2) qualified employees of San 5 and the Tiburon Fire Protection District; (3) other qualified persons as set forth in the Town Policy Governing Town - Owned Affordable Housing Units or any successor policy. d. This Agreement is not intended to waive any costs and/or damages incurred by either Town or San 5 associated with any legal action, claim or damages relating to any project undertaken in conjunction with the waiver of any Town Charges or San 5 Charges. If any damage is incurred by any party to this agreement resulting from another party's action, the parties may assert any and all legal rights pertaining to any such claim for damages. 2. Miscellaneous. a. This Agreement may be terminated by either party by giving the other party written notice one year before the termination date. b. The laws of the State of California shall govern the interpretation, validity, and enforcement of this Agreement. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Marin. C. The Parties agree to negotiate in good faith to resolve any disagreements that may arise from this Agreement. d. In the event any legal action is commenced to enforce this Agreement, the prevailing party is entitled to reasonable attorneys' fees, costs, and expenses incurred. e. This Agreement constitutes the entire Agreement and understanding between the Parties and may not be modified orally or in any manner other than by an agreement in writing signed by both Parties. f. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of Town and San 5. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. (Signatures on following page) MUTUAL COOPERATION AND WAIVER AGREEMENT 2014 DRAFT PAGE 2 Of 3 TOWN OF TIBURON Dated: Alice Fredericks Mayor SANITARY DISTRICT NO.5 Dated: Cathy Benediktsson President of the Board APPROVED AS TO FORM: By Dated: Ann R. Danforth, Esq. Town Attorney, Town of Tiburon Benjamin L. Stock, Esq. Attorney, Sanitary District No. 5 ATTEST: DIANE CRANE IACOPI SANITARY DISTRICT NO.5 TIBURON TOWN CLERK MUTUAL COOPERATION AND WAIVER AGREEMENT 2014 DRAFT PAGE 3 OF 3