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HomeMy WebLinkAboutTC Minutes 2015-07-15TOWN COUNCIL MINUTES CALL TO ORDER Vice Mayor (Acting Mayor) Tollini called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, July 15, 2015, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Fraser, Fredericks, O'Donnell, Tollini ABSENT: COUNCILMEMBERS: Doyle PRESENT: EX OFFICIO: Town Manager Curran, Town Attorney Stock, Director of Administrative Services Bigall, Director of Public Works/Town Engineer Barnes, Director of Community Development Anderson, Town Clerk Crane Iacopi Prior to the regular meeting, at 7 p.m., the Council interviewed an applicant for the position of Town Historian: INTERVIEWS (Town Historian) • David M. Gotz The Council also met in closed session, beginning at 7:15 p.m., to discuss the following: CLOSED SESSION • Mittelman Settlement - Conference with Legal Counsel, Existing Litigation (Govt. Code Section 54956.9) Mittelman v. Town of Tiburon, Marin Superior Court CIV 1404795 ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY Vice Mayor Tollini said the Council had met in closed session and she read the following statement into the record: "I am pleased to report that the Town Council voted 4-0 and 1 absent to approve a settlement in two actions currently pending: Mittelman v. Town of Tiburon et al and Mittelman v. McElreath, et al (Case Nos. 1500356 and 1404795.) The litigation arose from the Town approving an Town Council Minutes #15 -2015 July 15, 2015 Page 1 application for a permit to build a fence. The settlement occurred at mediation at a very early stage of the case before any court proceedings. Pursuant to the settlement, the Mittelmans and the McElreaths have agreed upon a landscaping buffer, instead of a fence, that will be planted on both sides of their adjoining properties located at 20 Rowley Circle and 515 Hilary Drive. Pursuant to Town permit application requirements, the Town's modest attorney's fees will be paid by the applicants. The Council directs the Town Manager to execute the settlement on behalf of the Town. In addition, I have been asked to read the following joint statement by the McElreath and Mittelman families: "We are pleased to have reached an amicable resolution of our disputes.' Tollini said the Town was pleased, as well. ORAL COMMUNICATIONS Pamela McConnell -Douglass, 43 -year resident, spoke briefly, expressing her concerns about fire safety hazards which she said needed to be addressed. PRESENTATION • Recognition of outgoing Town Historian, Branwell Fanning Vice Mayor Tollini read the Town's resolution commending Branwell Fanning for his exemplary service as Town Historian. Fanning said that he and his wife had not planned to ever leave town; that that while their new home is quite good, nothing can replace Tiburon. Councilmember O'Donnell thanked Fanning for his service and said that he exemplifies the history of the Town. In fact, he said he was the living history of its incorporation and time since. He commended Bran for all the books he had written about Tiburon's history and the history of our area. Councilmember Fraser said that when he first ran for office, he listened to the stories of those who had served before him; he said that the Town owed Bran Fanning a debt of gratitude for "putting us on the map". Councilmember Fredericks said that Bran Farming's work gives us pride in what the Town is and what it can be. She said that was the value of preserving history — that if you don't know the history of a place, you also won't know where it's going. Vice Mayor Tollini thanked Bran for his work and said that he was indeed an inspiration. Town Manager Curran said that Bran had really helped her "connect" with the Town and the people in it when she was fired. She also commended him for his noteworthy articles in the Town Council Minutes #15 -2015 July 15, 2015 Page 2 Town's newsletter about the history of the town. She said they always exceeded expectations and were well -crafted and very useful. Director of Community Development also thanked Fanning and noted that he had written the brief history of Tiburon for the Town's General Plan. At the conclusion of the presentation, Vice Mayor Tollini moved directly to Action Item No. 1. 1. Appointments to Town Boards and Commissions — Consider appointment to fill Town Historian vacancy (Town Clerk Crane Iacopi) The Town Clerk gave a brief staff report. She said there was one applicant for the position of Town Historian, David Gotz. She noted Gotz' prior service to the Town as a Heritage & Arts Commissioner, and said he currently served as the Landmark's Society Archivist. Councilmember O'Donnell said that Gotz would have big shoes to fill but said there was no better person to fill them. MOTION: To appoint David Gotz to the position of Town Historian. Moved: O'Donnell, seconded by Fredericks Vote: AYES: Unanimous ABSENT: Doyle • Marin Climate Energy Partnership (MCEP) - "Resilient Neighborhood Program" Tamra Peters introduced her program which she said helps cities and towns implement their Climate Action programs. In her power point presentation, she described the "Resilient Neighborhood Program" and showed how small groups of neighbors, co-workers, or other social groups, can team up to fmd ways to reduce carbon emissions on a local area level. She said this creates community resilience (and helps people prepare for) disasters and climate change, such as wildfire, droughts and storms, as well. She said the program was fun, free, and rewarding. provided a link to her website, www.resilientneighborhoods.org for more information. Councilmember O'Donnell said that Marin Clean Energy had applied to the PUC for energy efficient grant funding; he wondered whether MCEP had made any comments on these proposals. Ms. Peters said that the Resilient Neighborhood Program was more community-based but that they did work with MCE, as well. CONSENT CALENDAR 1. Commendation for Branwell Fanning - Adopt resolution commending Branwell Fanning for his many years of service to the Town as Town Historian (Town Manager Curran) Town Council Minutes #15 -2015 July 15, 2015 Page 3 2. Commendation for Cindy Rodriguez — Adopt resolution commending Police Department Secretary Cindy Rodriguez for her many years of service to the Town upon the occasion of her retirement (Chief of Police Cronin) 3. League of California Cities Voting Delegate — Confirm appointment of voting delegate for annual League of California Cities annual conference in San Jose (Town Clerk Crane Iacopi) MOTION: To adopt Consent Calendar Item Nos. 1 through 3, as written. Moved: O'Donnell, seconded by Fredericks Vote: AYES: Unanimous ABSENT: Doyle ACTION ITEMS 2. Shoreline Park Policy — Consider revisions to the Town's policy for special events in Shoreline Park (Director of Community Development Anderson/Town Manager Curran) Director Anderson gave the oral report. He said that the Town Council had adopted its Shoreline Park policy (entitled, "Use of Shoreline Park — Special Events") in 2004. He said the policy, among other things, limits the number, extent, and location of events in Shoreline Park to preserve it for primarily passive recreational uses and to limit conflicts with nearby residences. Anderson said the Policy has been continuously implemented since its adoption, with two to three recurring special events being held each year (RCP Tiburon Mile Swim, Classic Car Show, and one variable event). He said that in 2013, the Town Council allowed the Drever Foundation to install the first "Art by the Bay" exhibit, which complied with the Policy's goals, but not all of its specific provisions. At that time, he said, Art by the Bay was considered a one-time occurrence. Director Anderson stated that in May 2014, the Town of Tiburon held its 50th Anniversary celebration using Shoreline Park and other venues. The use of Shoreline Park for this celebration also did not comply with several provisions of the Policy, according to Anderson, but was recognized by all as a highly special and unusual community event unlikely to be duplicated for many years. He said that "Art by the Bay" was proposed again for 2014 and the Town Council approved the second event at its September 17, 2014 meeting, noting that Shoreline Park was a favorable location for temporary art exhibits given the Town's on-going efforts to promote the downtown as a visitor's destination. At that meeting, Anderson said that staff recommended the Policy be reviewed for possible amendments and the Council indicated that the Policy should be revised to allow such art installations. (Anderson also noted that "Art by the Bay" has since been reformulated as an every -other -year event and will not be held in 2015.) Town Council Minutes #15 -2015 July 15, 2015 Page 4 Since late 2014, Anderson said that Town staff and the Council's ad hoc Downtown Committee, comprised of Mayor Doyle and Councilmember Fraser, have been working on a revised policy in consultation with the Point Tiburon Bayside Homeowners Association. He said the Council Committee recommends a revised Shoreline Park Policy for consideration of adoption by the full Council. He described the proposed changes below: 1. The number of annual events has been increased from four to five and the restriction of no more than one event in any 30 -day period has been removed. 2. Art exhibitions are clarified to count as events. Art exhibitions, with Council permission, may have a 45 -day duration including set-up and take-down. Art exhibits on display for more than 72 consecutive hours shall generally be limited to the western third of Shoreline Park (the portion nearest Main Street). 3. The Town Manager is given discretion to determine whether an event of a limited amount of time constitutes a "special event" subject to the Town's Special Events Permit Policy. 4. The proposed Policy would allow special events on Fridays in addition to the current weekends and holidays. 5. Special events held on Friday and Saturday nights could continue until 10 p.m., and until one hour after sunset on other days of the week. Under the current policy, all events must end at dusk. The 8:00 a.m. start time for events would not change. 6. The Policy contains an Exception section that: a) Allows limited latitude for the Town Manager regarding logistical and certain other considerations; and b) Provides the Town Council with the authority to grant an exception to any aspect of the Policy after holding a public meeting. 7. The provision that limits placement of temporary structures (including exhibited art) and music amplification to Ferry Plaza has been removed. 8. A graphic has been added to depict Shoreline Park's boundaries, replacing the written description in the current policy. Director Anderson said the Bayside Association has maintained a keen interest in the Policy and in Town actions relating to Shoreline Park over the years and the Town has extensively consulted Association Board of Directors representatives during the Shoreline Park Policy amendment process. At the conclusion of the most recent meeting with Bayside Board representatives on July 9, Anderson said it appears that there is general agreement with and acceptance of the provisions of the proposed policy amendments. Town Council Minutes #15 -2015 July 15, 2015 Page 5 He recommended that the Town Council hear comments from interested parties, deliberate on the proposed revised policy, and consider adoption. Vice Mayor Tollini opened the hearing to public comment. C. Jay Key, resident of Point Tiburon for over 20 years, said when the [Shoreline] park was dedicated there were specific parts of it that would be open to the public. He said that the Point Tiburon homeowners were not "worried" about the policy's [proposed] increase to five events, but said it was important to note that there were already many more events that take place there every year, such as weddings, and [crowds of] people who come to watch the fireworks, tall ships, and other events in on the Bay. He said that even activities such as the relocation of the Gallows Wheels to the Depot, can have an effect. By way of example, he said there were concerns raised during the recent sale of Bran Fanning's Point Tiburon unit about the impacts of the relocation of the Gallows Wheels. Mr. Key asked whether the new Town Manager would understand the relationship between the Town and the homeowners that had been developed over the years, and whether they would understand the issues. He said that "we want to work with you, but as time goes on, people forget." He said that the Council would not want some of these activities in front of their homes, and asked that they take this into consideration. Pamela McConnell -Douglass said that the City of Sausalito is packed with tourists every weekend. She wondered how our downtown businesses would sustain themselves without this type of revenue. There be no further public comment, Vice Mayor Tollini closed the hearing. Council discussion Councilmember Fraser, member of the ad hoc committee, thanked Point Tiburon board member Hank McWhinney and his colleagues for working with the Town to craft the language and compromises contained in the revised policy. He said that it reflects the Towns' commitment to honor and to do what is best for the community, and he recommended adoption. Councilmember Fredericks asked several questions for clarification. First, she asked what "discretion" was afforded the Town Manager (in revision No. 3 above). Town Manager Curran said that the Town's Special Event Permit Policy defines how public property can be utilized to stage events. She said her discretion would be limited to the "logistical" aspects of this policy. Fredericks said that the discretion, then, would not be to approve an excess of the maximum number of events allowed. Curran agreed. Secondly, Fredericks asked why the 30 -day interval was being removed (revision No. 1 above). Town Manager Curran said it seemed to be an arbitrary limit and one that did not serve a real Town Council Minutes #15 -2015 July 15, 2015 Page 6 purpose. She said the total number of annual events staged in that location (five in the revised policy) seemed to be more important to the reviewers. Councilmember Fredericks asked whether the proposed revision would allow two late-night events within one 30 -day period. She also asked whether this took into account [amplified] music that went until 10 p.m. She said that the residents of Old Tiburon had found amplified music at Friday Nights on Main to be disturbing when the bands was staged closer to the Ferry landing. Town Manager Curran said that the committee had, during its review, considered an ending time of 11 p.m. for one or two events. Fredericks said that if the goal was to attract people to the downtown area, then this did not meet that goal; they would instead be out on Shoreline Park late into the evening. Fredericks said she would like to have the Council consider an earlier end time to amplified music, under the revised policy. Councilmember O'Donnell said that if you excluded the winter months, five events did seem like a large number over an eight-month period. He asked for a better description for what constituted an event — and whether a kid's birthday party or the like is considered a `special event'. Town Manager Curran said "no" to the latter, as the Town did not issue special event permits to applicants to stage private parties in its parks; she said public park use is on a first-come, first- served basis. She did acknowledge that events do have a cumulative effect. Councilmember Fraser asked the manager to restate the three events that are currently permitted at Shoreline Park. Town Manager said they are the RCP Tiburon Mile, the Classic Car Show, and art show ("Art by the Bay"). Councilmember O'Donnell said he would be supportive of some sort of compromise in the number of allowed events. He also said the town should mindful of the growing number of bicyclists coming into town, especially on weekends, and said there was a need to manage the "exit process" better. Councilmember Fredericks continued to ask for a limitation to the number of events that were allowed to have amplified music until 10 p.m. Vice Mayor Tollini said that really, with the three recurring events, that left two that would go late at night. She said she would love to see more people in the downtown area later in the evening. Councilmember Fraser agreed with the Vice Mayor. He also said that the proposed revisions had captured the thoughts and issues expressed, while at the same time updating the policy. Town Council Minutes #15 -2015 July 15, 2015 Page 7 Councilmember Fredericks proposed limiting the number of permitted late night events with amplified music to one per year; and at the most, two. She said if people wanted to hear music, they could also attend Friday Nights on Main. Councilmember Fraser suggested leaving the decision to the discretion of the Town Manager. He said added that none of the three recurring events now go until 10 p.m. Councilmember Fredericks said she could not support that idea. Vice Mayor Tollini added that the Town Council has a vested interest in the hiring of the new Town Manager, and that if there were problems with the execution of the policy, the Council would want to be informed about them. The Council continued to discuss a possible compromise, with Councilmember O'Donnell suggesting that three of the five events could have amplified music. MOTION: To adopt the revised policy, as further amended to allow only 3 of the 5 permitted events (all permitted events can go until 10 p.m.), to have amplified music played as late as 10 p.m. Moved: O'Donnell, seconded by Fraser Vote: AYES: Fraser, O'Donnell, Tollini NAYS: Fredericks ABSENT: Doyle PUBLIC HEARINGS 1. Solar Panel Permits — Recommendation to introduce and pass first reading of an ordinance amending Chapter 13 (Building Regulations) of the Town Code establishing streamlined review procedures for small, residential roof -top solar energy systems (Director of Community Development Anderson) Council waived presentation of the staff report due to the non -controversial nature of the item. However, Council did have some questions. Councilmember Fraser asked if the maximum legal limit of a building was 30 feet, did that mean that the solar panels could not be placed atop a building of that height. Anderson said that a [height] variance would be needed and therefore it would not be eligible for expedited processing. However, he also said that he had seldom seen a need for rooftop variances; that most homes simply have a peak on the roofline that reaches 30 feet and therefore, the panels would be below that height in elevation. He also pointed out that there were exceptions for certain items, such as chimneys, that exceed 30 feet. Town Council Minutes #15 -2015 July 15, 2015 Page 8 Vice Mayor Tollini opened the public hearing. There was no public comment. Vice Mayor Tollini closed the public hearing. MOTION: To read ordinance by title only. Moved: Fredericks, seconded by O'Donnell Vote: AYES: Unanimous ABSENT: Doyle Vice Mayor Tollini read, "An ordinance of the Town Council of the Town of Tiburon amending Chapter 13 (Building Regulations) to provide an expedited, streamlined permitting process for small residential rooftop solar systems." MOTION: To pass first reading of the ordinance; to waive second reading and set the ordinance for adoption on consent calendar at the next regular meeting. Moved: Fredericks, seconded by O'Donnell Vote: AYES: Fraser, Fredericks, O'Donnell, Tollini ABSENT: Doyle TOWN COUNCIL REPORTS Vice Mayor Tollini invited everyone to come downtown to the first of the "Summertime on Main" events on Wednesday, July 22. TOWN MANAGER REPORT Town Manager noted that the next regular meeting, August 5, would be cancelled due to several Council absences. WEEKLY DIGESTS • Town Council Weekly Digests — July 3 & July 10, 2015 Accepted. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Vice Mayor Tollini adjourned the meeting at 8:45 p.m. ERIN TOLLINI, VICE MAYOR Town Council Minutes #15 -2015 July 15, 2015 Page 9 ATTEST OPI TOWN IA DIANE CRANE CLERK Town Council Minutes #15 -2015 July 15, 2015 Page 10