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Home My WebLink AboutTC Min 2003-01-15 TOWN COUNCIL MINUTES CALL TO ORDER Mayor Gram called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, January 15,2003, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: Berger, Fredericks, Slavitz, Thompson Gram PRESENT: EX OFFICIO: T own 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 McVeigh, Administrative & Financial Analyst Stott, Town Clerk Crane Iacopi CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956.9(a)) Howard Zack, Diane Zack v. MERA and Town ofTiburon MERA v. Town ofTiburon and Dean Bloomquist Citizens for Open Process in Antenna Siting (COPAS) v. MERA and Town ofTiburon Xanadu v. Town ofTiburon UDI-Tetrad v. Town ofTiburon INTERVIEWS - (Jt. Disaster Advisory Council) Ellen Rony, 21 Juno Road Item continued. ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION. IF ANY Mayor Slavitz said that no action was taken in closed session. Town Council Minutes # 01-2003 January 15, 2003 Page 1 ORAL COMMUNICATIONS None. CONSENT CALENDAR 1. Approval of Town Council Minutes - November 20, 2002 Vice Mayor Fredericks and Councilmember Berger made some changes to the minutes on pages 9 and 14. 2. Approval of Town Council Minutes - December 4, 2002 3. Approval of Town Council Minutes - December 17,2002 4. Recommendation by Director of Administrative Services - General Fund Transfers and Reallocations - Budget Amendment Director of Administrative Services McVeigh highlighted the transfer of an additional $125,000 from the General Fund to a special drainage fund. 5. Recommendation by Senior Planner - Approval of Parcel Map Address: 141 Taylor Road Applicants: Douglas and Birgitta Engel AP Nos.: 38-071-20; 38-071-22 MOTION: Moved: Vote: To adopt Consent Calendar Items 1 through 5, as amended. Thompson, seconded by Berger AYES: Unanimous ABSENT: Gram REGULAR AGENDA 6. Recommendation by Town Clerk - Appointments to Boards, Commissions & Committees a) Appointment to fill Vacancy on J1. Disaster Advisory Council It was noted that the applicant, Ellen Rony, was still out of Town on business and would be interviewed at the next Council meeting. b) Appointment to fill Vacancy on Mosquito Abatement Board Town Council Minutes # 01-2003 January 15, 2003 Page 2 Incumbent Roger Smith addressed the Council. He said that the District covered all of Marin and Sonoma Counties (1,000 square miles) and had a budget of3.5 million dollars. He reported on the status of the West Nile Virus in the West, and noted that cases had been reported in livestock living in Washington and Montana. Councilmember Fredericks noted that the death rate for humans from this virus was very low; Councilmember Berger commented that the virus especially affected older populations. Smith said that although someone might be infected with the virus, they did not always develop the symptoms. However, he stated that it was "only a matter of time" before it showed up in Tiburon. Councilmember Thompson talked about the yellowjacket [wasp] problem in the summer and asked if an ad could be run in The Ark about the appropriate time to set traps for these pests. Col. Smith said that there was one technician in the District assigned to this issue. c) Adoption of Annual Appointments List (January - December 2002) d) Announcement of Upcoming Vacancies in 2003 Town Clerk Crane explained the significance of adopting the annual list and noted that there were pending vacancies on the following boards and commissions in 2003: Planning Comission, Design Review Board, Heritage & Arts Commission, Parks & Open Space Commission, Jt. Recreation Committee, and the Belvedere- Tiburon Library Board. MOTION: To reappoint Roger Smith to the Marin Sonoma Mosquito and Vector Control District Board of Directors Fredericks, seconded by Berger AYES: Unanimous ABSENT: Gram Moved: Vote: MOTION: Moved: Vote: To adopt the Annual Appointments List (January - December 2002) Thompson, seconded by Fredericks AYES: Unanimous ABSENT: Gram 7. Recommendation by Mayor - Update Town Council Committee Appointments The following additions were made to the current list, which was adopted as amended: Jeff Slavitz as Town representative to the JPA Oversight Committee; Tom Gram as Council liaison to the J1. Recreation Committee; Alice Fredericks as the Council representative to the Library Committee (Community Partners for Library Expansion). Town Council Minutes # 01-2003 January 15, 2003 Page 3 8. Recommendation by Director of Community Development - Review of Policy Guide for Trees on Town Property Director of Community Development Anderson said the proposed policy guide contained a policy statement, diagram, flow chart, and a draft guidebook. While acknowledging a level of complexity, Anderson said a review and compilation of the policy was warranted, partly because of a large increase in the number of tree application permits and encroachment permits over the last year. He also noted that there were more trees than ever on the Peninsula and that views were "worth more" as the price of real estate increased in the area. Mr. Anderson said that the draft guidebook had been reviewed by both the Parks & Open Space Commission and the Planning Commission. Councilmember Berger noted that it was an excellent document, but both he and Vice Mayor Fredericks asked for clarification of some of the terms and definitions contained in the guidebook. F or instance, Berger asked for clarification of whether the term "public detriment" meant view blockage from a private home or just from a public view. Anderson replied that it was any view blockage, not necessarily from a public vantage point. Vice Mayor Fredericks said that the policy did not seem to cover removal without replacement nor did it state of a list of factors needed to warrant replacement. Director Anderson concurred that replacement may not be effective in some instances, and proposed the addition of a phrase to the existing sentence, "if replacement is desirable." Fredericks also commented, stating that location will determine the kind of tree that is appropriate. The public cannot in fact choose the type of tree without Staff input. She also said that Commissioner Zender had noted that a fund should be established for replacement of trees in this program so that Staff would not have the burden of replacing a tree immediately upon receiving a donation. The fund would give the Town the option of deferring the planting of a [memorial] tree if no appropriate location existed at the time. Councilmember Berger asked how often, if at all, a private citizen offered to pay the Town for trimming a tree that impacted his or her views. Director Anderson said that the current policy stated that whoever wanted a tree trimmed for ornamental reasons (as opposed to public safety reasons) had to pay for this service if requested of the Town. This policy would remain unchanged. MOTION: Moved: Vote: To adopt the tree policy document, as amended. Fredericks, seconded by Berger AYES: Unanimous ABSENT: Gram Town Council Minutes # 01-2003 January 15, 2003 Page 4 Councilmember Thompson left the meeting at 8:00 p.m. 9. Recommendation by Director of Community Development & Director of Administrative Services - Annual Report of Development Project Fees Director of Community Development Anderson gave the report and responded to questions concerning the Town's Street Impact Fee. Vice Mayor Fredericks also asked if the proposed improvements at Highway 101 and Tiburon Boulevard had been put on hold due to the State budget crisis. Town Engineer Echols said that so far those funds appeared to be intact but that he would learn more at a meeting of the County's Public Works Directors. MOTION: Moved: Vote: To adopt the annual report, as presented. Berger, seconded by Fredericks AYES: Unanimous ABSENT: Gram, Thompson PUBLIC HEARING 10. Recommendation by Director of Community Development - Adoption of Revised Planning & Engineering Fee Schedule a) A Resolution of the Town Council of the Town of Tiburon Adopting a Revised Hourly Rate Schedule for Town of Tiburon Personnel b) A Resolution of the Town Council of the Town of Tiburon Adopting a Revised Fee Schedule for the Community Development Department of the Town of Tiburon c) A Resolution of the Town Council of the Town of Tiburon Establishing a Revised Fee Schedule for the Town Engineer and Public Works Department Staff of the Town of Tiburon Anderson gave the report, noting that the changes in hourly rates followed salary and benefit increases of Staff. He said that photocopying charges had been reduced, based on cost, and that a new schedule of fees had been established in the Department of Public Works. Councilmember Berger commented that the $750 engineering fee for conditional use permit should not be automatic, but rather based on need. Berger commented on the professionalism of the Town Staff and said that the service received by the community was "a great bargain" and was second to none. During public testimony, John Kern asked about the recent Grand Jury investigation concerning overcharges of fees in the County. Town Council Minutes # 01-2003 January 15, 2003 Page 5 Anderson replied that Tiburon's fees were based on actual cost recovery. MOTION: Moved: Vote: To adopt the three amended fee resolutions, as listed above. Berger, seconded by Fredericks AYES: Unanimous ABSENT: Gram, Thompson COUNCIL COMMITTEE AND COMMISSION REPORTS WRITTEN COMMUNICATIONS Town Council Weekly Digest - December 20,2002 Town Council Weekly Digest - December 27,2002 Town Council Weekly Digest - January 3, 2003 Town Council Weekly Digest - January 10,2003 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Slavitz adjourned the meeting at 8:23 p.m., to the 3:00 p.m. on January 21 at the Caprice Restaurant for the Town Council/Staff Retreat. 1':--,! ~, . )' I "\. .:.J JEFFSLA VITZ, ~ YOR ATTEST: 1 /1 I DIANE CRA~~'~~oh ~O~~LERK Town Council Minutes # 01-2003 January 15, 2003 Page 6