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HomeMy WebLinkAboutTC Min 2007-06-20 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, June 20, 2007, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLLCALL PRESENT: COUNCILMEMBERS: Berger, Gram, Slavitz ABSENT: COUNCILMEMBERS: Fredericks, Smith PRESENT: EX OFFICIO: Town Manager Curran, Town Attorney Danforth, Director of Community Development Anderson, Director of Public Works/Town Engineer Nguyen, Director of Administrative Services Bigall, Chief of Police Cronin, IT Coordinator Monterichard, Town Clerk Crane Iacopi CLOSED SESSION Prior to its regular session, beginning at 6:30 p.m., the Council met in closed session to discuss the following: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956.9(a)) Town ofTiburon v. Sylvia; Sylvia v. Town ofTiburon County of Marin v. Martha Company Tiburon Neighborhood Coalition v. Town of Tiburon and Congregation Kol Shofar Bonander v. Town ofTiburon; and Tiburon v. All Persons Interested in the Validity of the Del Mar Valley Utility Undergrounding Assessment District CONFERENCE WITH LABOR NEGOTIATOR (Section 54957.6) Bargaining Unit: Negotiators: Tiburon Police Association Town Manager and Director of Administrative Services Town Council Minutes #12 -2007 June 20, 2007 Page 1 CLOSED SESSION ANNOUNCEMENT Mayor Gram said that no final action was taken on the matters discussed. ORAL COMMUNICATIONS Allan Bortel, representing "Friends of Southern Marin CERT," spoke of the importance of the CER T training. He said that the Reedlands neighborhood, in conjunction with two other property owner associations ("Friends") had banded together to purchase and store emergency supplies in a centralized location in their area. Mr. Bortel also spoke as a director of the Tamalpais Bank, a new bank in town, which he said provided a community room free of charge 24 hours a day, seven days a week. He said to contact Scott Pew, bank manager, for more information. PRESENTATIONS · Annual Report from Town-appointed Representative to Marin Commission on Aging (Allan Bortel) Mr. Bortel said that he had served as the Town's representative for five years. He touched on the Grand Jury report on the "silver tsunami," which talks about the changing demographic in Marin County. He said that out of a population of250,000, over 17,000 are over the age of75. Bortel said that by the year 2020, this senior population would increase by 6,000. The aging population will need assisted living and affordable housing, according to Bortel; he said that housing would be crucial over the next 10-20 years. As a member of the Commission's Housing and Transportation Committee, Mr. Bortel said that his "pet project" was the Silveira project for which no senior housing had been planned. Mr. Bortel also thanked the Town Council for the land transfer for the library expansion, stating that the Belvedere- Tiburon library had really been a boon for seniors in that it provided them with a community center. CONSENT CALENDAR 1. Town Council Minutes - June 6, 2007 2. Mar West Overlay Project - Approve Plans and Specifications and Authorize Bids for Mar West Street Overlay (Director of Public Works Nguyen) 3. Friday Nights on Main - Recommendation regarding funding for Chamber of Commerce Friday Nights on Main series of events (Town Manager Curran) Town Council Minutes #12 -2007 June 20, 2007 Page 2 4. Agreement re: Annexation of 4185 Paradise Drive - Recommendation to Approve and Authorize Town Manager to Execute an Agreement regarding Annexation of Real Property (Director of Community Development) Property Address: Property Owner: Assessor Parcel No. 4185 Paradise Drive J ansheski 039-041-16 5. Commendation - Recommendation to Adopt Resolution commending Dave Davenport for 15 years of Distinguished Service to the Town of Tiburon (Town Manager Curran) MOTION: Moved: Vote: To adopt Consent Calendar Item Nos. 1-5, as written. Slavitz, seconded by Berger AYES: Unanimous ABSENT: Fredericks, Smith ACTION ITEMS 1. Rehabilitation of Fire Roads - Recommendation to Approve Encroachment Permit to Rehabilitate Fire Road Segments in Town Open Space near Gilmartin Drive and near Shepherd Way (Director of Community Development Anderson) Director of Community Development Anderson said that the Tiburon Fire Protection District had approached the Town with a request to rehabilitate certain segments of fire roads on the peninsula that in recent years had become impassable; he said that the Marin County Fire Department (MCFD) would be the agency to actually perform the work since they owned the proper equipment and had trained personnel to do it. Anderson described the three fire road segments: 1) Middle Ridge Slope Fire Road, from approximately 100 Gilmartin Drive to the terminus of Hacienda Drive; 2) Middle Ridge Ridgetop Fire Road, between the crest of Gilmartin Drive and the terminus of Hacienda Drive; and Shepherd Way Extension Fire Road. He said that the MCFD also planned to rehabilitate the Vistazo West Fire Road, within the Old St. Hilary Open Space Preserve. He said that the Vistazo West Fire Road Work would be on land owned by the Marin County Open Space District and did not require Town approval. Director Anderson said that while the County would perform the work at no direct charge, there were costs associated with monitoring the work while in progress. He said that the Town and previously set aside $50,000 to do the work but now estimated that the total cost (for monitoring and related expenses) would be $5,000. Anderson also said that MCFD would not apply for an encroachment permit for this work and would require a waiver and hold harmless agreement from the Town; normally, he said this is Town Council Minutes #12 -2007 June 20, 2007 Page 3 something the Town would require for work performed on Town property. In this instance, Anderson recommended that the Council approve the agreement because the public safety benefits were great and the risks minimal for the Town. Councilmember Berger referenced a late mail letter from Allan Littman and asked if the pampas grass and broom could be removed in the surrounding areas at the same time. Director Anderson said that MCFD equipment would stay on the fire roads. Mayor Gram opened the public hearing. Harry Rice, Shepherd Way, said that he was in favor of the project; however, he said that he was concerned about the condition of Shepherd Way and said that its condition represented a hazard to fire trucks trying to enter the open space from the street. He requested that the Town (or the Fire District) spend some of the $50,000 that it had budgeted in order to repave Shepherd Way and make it safe and passable for residents and members of the public. Vice Mayor Slavitz asked if this was a private road; Mr. Rice replied that it was private "in a sense," but that members of the public were "wearing it out." Allan Littman, Rolling Hills Road, speaking on behalf of Eva Buxton and Alison Pence, asked that MCFD take care to not remove any endangered plant species during their work. Littman said that he would address the issue of broom removal during the budget hearing. Councilmember Berger said that the Vistazo West Fire Road was highly used as a walking trail by many people; he asked that it be kept in a good condition for his purpose. Vice Mayor Slavitz concurred that the project should not "stray" into any sensitive plant species areas. MOTION: To approve the project, as presented, and to authorize the Town Manager to execute the agreement with the Marin County Fire District. Slavitz, seconded by Berger AYES: Unanimous ABSENT: Fredericks, Smith Moved: Vote: 2. Airport Expansion Committee - Recommendation to Metropolitan Transportation Commission (MTC) regarding Appointment to MTC Regional Airport Expansion Committee (Councilmember Fredericks) Council waived the staff report. Mayor Gram opened the public hearing. Town Council Minutes #12 -2007 June 20, 2007 Page 4 Alexander Anolik spoke in favor of appointing someone who was familiar with the issue of noise from low-flying planes over the Tiburon peninsula. Mayor Gram closed the public hearing. MOTION: Moved: Vote: To recommend Alice Fredericks for the Marin appointment. Slavitz, seconded by Berger AYES: Unanimous ABSENT: Fredericks, Smith PUBLIC HEARINGS 1. Tiburon Tourism Business Improvement District - Public Information Meeting (Town Manager Curran and Town Attorney Danforth) Town Manager Curran said that no action was required by the Council except to solicit public comment to allow questions to be asked and answered concerning the proposed district. Mayor Gram asked for public comment. There were no public comments. No action was taken; item continued to the public hearing scheduled for August 15,2007. 2. Amendment to Refuse Franchise Agreement - Consider Request by Mill Valley Refuse Service for Rate Increase in FY 2007-2008 (Town Manager Curran) Town Manager Curran said that Mill Valley Refuse (MVRS) had originally come in with a 4.42% rate increase request. She said that because the notice was late, due to changes in MVRS personnel, there was not ample time to perform an audit. To address this problem, the cities covered under the contract met with MVRS; the parties agreed that only a CPI adjustment of 3.2% would be sought for the upcoming year by MVRS for both its regular service and for debris boxes. Curran said that it was expected that a larger increase would be sought next year by MVRS, in part to offset costs associated with fuel and clean air retrofitting of is fleet. The Town Manager said that MVRS had agreed to submit its next request in a timely manner. Town Manager Curran recommended approval of the 3.2% rate increase. Mayor Gram opened the public hearing. Allan Bortel said that the Town was fortunate to incur such a modest increase when energy costs continued to rise. Town Council Minutes #12 -2007 June 20, 2007 Page 5 Town manager Curran said that the Town was pleased with the services provided by MVRS and that they did a lot for the Town, such as free pick-ups downtown. Mayor Gram closed the public hearing. MOTION: Moved: Vote: To approve the 20th amendment to the MVRS franchise agreement, as written. Slavitz, seconded by Berger AYES: Unanimous ABSENT: Fredericks, Smith 3. 280 Roundhill Road Appeal- Recommendation to Deny Appeal by Alexander and Yami Anolik of the Denial of an Encroachment Permit Requesting the Installation of a Solar Panel Array on Town-held Open Space Easement (Director of Community Development AndersonlDirector of Public Works Nguyen) Director of Community Development Anderson said that the appeal resulted from the denial of an encroachment permit application by Alexander Anolik requesting permission to install a solar panel array on a portion of his property at 280 Roundhill Road, over which the Town holds an open space easement. Mr. Anolik's appeal cited several grounds. The first ground, according to Director Anderson, was that the denial was illegal based upon the Solar Rights Act. While Staff did not dispute the existence of the Solar Rights Act, Anderson said that this ground was not applicable since the applicant/appellant did not have property rights in the location requested. Anderson said that he had relinquished those rights in 2002 by granting the Town an open space easement over a portion of his property; Anderson said that the terms of the easement were clear. Anderson said that the grant of easement was done voluntarily by Mr. Anolik as a condition of developing his property; he said that the time to appeal this decision had long since passed. Director Anderson said that the panels might be accommodated in other areas on the applicant/appellant's property but that the entire 120-panel array might not fit all in one place. Director Anderson said that if an encroachment permit were granted in an open space area, it would be a very troubling precedent. He recommended denial of the appeal. Prior to opening the public hearing, Mayor Gram noted that the applicant/appellant had raised a total of eight (8) grounds in his appeal. Director Anderson said that the grounds and Town's responses were all contained in the written Staff report. Councilmember Berger asked whether there were any constraints on the positioning and placement of solar panels; Anderson said that under the Town's policy, there would normally be no design review and that the applicant would apply directly for a building permit. Mayor Gram asked if the Town could enforce any setback requirements (per Town Code). Town Council Minutes #12 -2007 June 20, 2007 Page 6 Town Attorney Danforth said that non-discretionary regulations were acceptable for health and safety protection. Mayor Gram opened the appeal hearing. Alexander Anolik, appellant, said that the Town Council had been fair to him in the past and asked for fairness in this hearing. He said that the issue was whose property this was; he said that he and his wife had given millions of dollars in property to the city [through the grant of open space easement]; he said that the piece of property in question Was still in his name and that he paid taxes on it. He noted that the Nolan and Loretto cases, both Supreme Court decisions, pointed to a "takings" of his property. He said that the Town could not use the easement for its exclusive use without exercising eminent domain. Mr. Anolik said that he had tried to work out an efficient location for the solar installation, on the ground, or on the roof, and that he had already lost rebates in the process of having the installation approved. He said that his neighbor, Mr. Siamek, who planned to develop the property below him, would not see the panels in the proposed [ground] location, nor would 220 Gilmartin Drive (neighbor above the project). He said that a small hedge would hide it from their view. Anolik said that a roof-mounted project would break his cement tiles, and would be ugly to look at from his cabana. Vice Mayor Slavitz asked him ifhe could find another location. Mr. Anolik said that there was a flat area under the pool but only about half the panels would fit there; he suggested propping them against a wall at the end of his property line which would only take the "air rights" out of the open space easement. He said that he would be willing the forfeit his garden (in the vicinity of the pool) in exchange for this' shared' use of the easement. Vice Mayor Slavitz asked about the wall location and whether it faced east. Mr. Anolik said that no more than eight panels could fit there and that they would be visible by the neighbors. Vice Mayor Slavitz asked Director Anderson about set-back issues; Anderson said that it was not an issue as long as the solar panel arrays were not placed within the encumbered area. Mr. Anolik replied that he would not put them on the "other wall" because he had good neighbors and did not want to put them "in their face." Mayor Gram opened the hearing for public comment. Judy Gruber, Mt. Tiburon Road, asked why the panels couldn't be placed on top of the 1,000 square foot cabana. She also said that this was an issue of trust, not only between neighbors, but Town Council Minutes #12 -2007 June 20, 2007 Page 7 for the Town to uphold its written laws. She said she hoped that the "system" would work and that neighbors would response that and keep their word. Tracy Hines, speaking as an owner of the lot at 200 Gilmartin Drive, said that she and her husband had no issue with Mr. Anolik's proposed placement of the solar panels. Bill Sweet, Mt. Tiburon Road, echoed Ms. Gruber's comments. He said that the neighbors had lived with one proposal or another regarding this property over the years, and that the Town had come up with a solution that had been satisfactory to everyone. He said that the Town needed to protect its open space and not allow the desire to heat a swimming pool to violate this agreement. Mr. Sweet also challenged a statement by Mr. Anolik that his neighbors encroached on his property. During his rebuttal period, Mr. Anolik said that the last thing he wanted was an argument between neighbors; he said that Mr. Sweet had had a "good ride" in his use of the open space to walk his dog. With regard to the matter of trust, Mr. Anolik said that most people don't give "millions" away without a gun to their head. He said that it was the Supreme Court that said this wasn't right. Mr. Anolik said that in his plans to develope his property, he had not anticipated an energy crisis, nor did he plan to use the electricity to heat his pool; rather, he said that he wanted to put it back into the grid and to reduce his dependence on foreign oil. Mayor Gram closed the public hearing. Councilmember Berger asked if the Nollan and Loretto cases were applicable in this instance, could the Town nullify the Anolik subdivision agreement. Town Attorney Danforth said that the Nollan case had been decided in 1989 and Loretto, even earlier. She said that the conditions of approval for the Anolik subdivision had been reached in 2000 or 2001, and that the time period had run to appeal the conditions of approval. Ms. Danforth said that any such challenge would have been unsuccessful, in her opinion. Danforth said that the question is whether the Town could legally deny a permit for a solar panel installation. She said that in this instance it could, because Mr. Anolik did not have the property rights necessary to install the panels and because he had other locations for the panels on his property. Councilmember Berger said that the property in question had a home, pool, spa and cabana; he suggested that the Anoliks might have to sacrifice something in order to find a location for the panels on their property. Town Council Minutes #12 -2007 June 20, 2007 Page 8 Berger said that he was very familiar with the Anolik's project because he had served for four years on the Design Review Board, six years on the Planning Commission, and now five years on the Council. He said that Mr. Anolik did not have a "gun to his head" when he entered into the agreement with the Town. Councilmember Berger said that it would be a very bad precedent to set if the Town allowed this installation in the open space and said that there was no way that he could support that action. Vice Mayor Slavitz, while applauding Mr. Anolik's desire to install solar panels, agreed with Councilmember Berger that there should be no installation in the open space easement and that the area should remain unchanged. Mayor Gram concurred that no facilities should be installed in the open space. In some ways, he said this was a "collision of important principals," but noted that he agreed with the Town Attorney's legal analysis. MOTION: Moved: Vote: To deny the appeal and direct Staff to return with a resolution of findings. Berger, seconded Slavitz AYES: Unanimous ABSENT: Fredericks, Smith 4. Fiscal Year 2007-2008 Municipal Budget - Approve Adoption ofFY 2007-2008 Municipal Budget and Capital Improvement Program (Town Manager Curran and Director of Administrative Services Bigall) Director Bigall gave the report. She said that three of the Capital Improvement Program (CIP) projects were subject to the formal bidding process and might come in below what was budgeted. She said that these projects were: $1.9 million for streets, the bulk of which was the overlays in the Lyford Cove undergrounding area; $680,000 for reconstruction for failed streets; drainage projects in the amount of $520,000 (including a storm drain master plan, as well as culvert and catch basis repairs ). Ms. Bigall said that the CIP budget also included community projects such as the Del Mar Undergrounding project (estimated at $6.7 million); and an appropriation of$9,000 from the General Fund for resurfacing the Beach Road tennis courts (normally paid for by Jt. Recreation funds). The Director said that funds had been appropriated from the Open Space Management Reserve for the creation of an Open Space Master Plan; also that the line item for fire roads had been reduced from $50,000 to $10,000 per Director Anderson's previous report. Other projects on the horizon, according to Bigall, were replacement of the Tiburon Boulevard street lights, Railroad Marsh maintenance, painting the Tiburon Police building, and the corporation master plan, which had been brought forward from previous year's budgets. Town Council Minutes #12 -2007 June 20, 2007 Page 9 Ms. Bigall said that grant funds were anticipated for additional work on lanes and paths, and that the Multi-use Path project (undertaken by MMWD with additional funding from the Town) would be completed in the Fall. With regard to the Redevelopment Agency budget, Director Bigall said that while the agency was fairly inactive, an annual audit was required, along with various legal services. She said that $5,500 had been budgeted for these services. She also said that revenues of $34,000 in interest were anticipated for the agency, and that it had $1.6 million in fund equity. Director Bigall recommended adoption of the budget and accompanying resolutions. Vice Mayor Slavitz asked where the funds would come from to repave the streets in the Del Mar Undergrounding District, if it moved forward. Ms. Bigall said that the funds would most likely come from the 2008-09 fiscal year budget. Mayor Gram opened the public hearing. Allan Littman said that French broom was rampant in the Town's open space. He requested that at least $20,000 be budgeted by the Town for its removal. He also recommended that the Town appoint a committee of citizens to come back with a plan for its removal, beginning with two-five acre parcels; he said that Janet Klein ofMMWD was an expert on this invasive plant and could act as a consultant. He said that there were a number of reputable contractors who could perform the work. He asked the Council to agendize the matter for approval. Vice Mayor Slavitz asked whether this was like pushing back the tide; Mr. Littman said that once stringent measures were employed, control would be simpler. He asked for the opportunity to come back to the Council with a report. Director Anderson said that $20,000 that had been budgeted could be used for preparation of a management plan and was not anticipated to be for actual broom removal. Mayor Gram asked whether anyone had talked with consultants about the cost and whether $20,000 was enough. Director Anderson said that it was anticipated that the expertise of local experts would be utilized. Town Manager Curran said that Town staff endorsed the concept but suggested that there might not be a need to appoint a formal committee; rather, she recommended that Mr. Littman work with staff on this proposal. Mr. Littman said that a committee would really help mobilize the project. Mayor Gram suggested that Mr. Littman and a couple of other people work with Town staffwho would, in turn, come back to the Council. Town Council Minutes #12 -2007 June 20, 2007 Page 10 Director of Public Works/Town Engineer Nguyen said that the Parks & Open Space Commission might also get involved with this project. Mayor Gram closed the public hearing. MOTION: Moved: Vote: MOTION: Moved: Vote: MOTION: Moved: Vote: To adopt resolution approving budget. Berger, seconded by Slavitz AYES: Unanimous ABSENT: Fredericks, Smith To adopt resolution approving Gann limit. Slavitz, seconded by Berger AYES: Unanimous ABSENT: Fredericks, Smith To adopt resolution approving COPS funding program. Berger, seconded by Slavitz AYES: Unanimous ABSENT: Fredericks, Smith TOWN COUNCIL REPORTS TOWN MANAGER'S REPORT WEEKLY DIGESTS . Town Council Weekly Digest - June 8, 2007 . Town Council Weekly Digest - June 15,2007 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Gram adjourned the meeting at 9:27 p.m., to the n ular meeting scheduled for July 18, 2007 (the July 4,2007 Council meeting is cancelle to the In ndence Day Holiday). L ATTEST: Town Council Minutes #12 -2007 June 20, 2007 Page 11