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HomeMy WebLinkAboutTC Agd Pkt 2003-11-05 TOWN OF TIBURON Town Council Chambers 1505 Tiburon Boulevard Tiburon,CA 94920 . November 5, 2003 i!./I).:;.& _' / tI t-'~ vrv . .~ c:~...,. . '1 7:00 PM - Closed Session 7:30 PM - Regular Meeting 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 and inspection atTown Hall and at the Belvedere- Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town's website, www/tiburon/ora/aovernment. 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 altemative 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}. TIMIN~ 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. Agenda - Town Council Meeting November 5, 2003 Page 2 of 4 , AGENDA CLOSED SESSION Conference with Legal Counsel " (Section 54956.9(a)) Howard Zack, Diane Zack v. MERA MERA v. Town of Tiburon and Dean Bloomquist Citizens for Open Process in Antenna Siting (COPAS) v. MERA Conference with Legal Counsel - Anticipated Litigation (Section 54956.9(b)) Significant Exposure to Litigation: One Case CALL TO ORDER AND ROLL CALL Councilmember Berger, Councilmember Gram, Councilmember Thompson, Vice Mayor Fredericks, Mayor Slavitz ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION. IF ANY ORAL COMMUNICATIONS Persons wishing to address the Town Council on any subject not on the agenda may do so now. Please note however, that the Town Council is not able to undertake extended discussion or action tonight on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration andlor placed on a future Town Council meeting agenda. Please limit your comments to no more than 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 public, staff or Town Council that an item be transferred to the Regular Agenda for separate discussion and consideration. Likewise, any item on the Regular Agenda may be moved to the Consent Calendar. If you would like to speak on any of these items on the Consent Calendar below, please do so now. " 1. Approval of Town Council Minutes - October 15 , 2003 2. Approval of Town Council Minutes - October 22, 2003 3. Recommendation by Mayor - Third Amendment to Town Manager's Employment Agreement ? Agenda - Town Council Meeting November 5, 2003 Page 3 of 4 4. Recommendation by Town Manager - Adopt recommendations of Joint Services Authority Oversight Committee A Resolution of the Town Council of the Town of Tiburon Affirming the Roles of the Marin County General Services ". . Joint Powers Agency and the Marin County Joint Services Authority Oversight Committee 5. Recommendation by Town Manager - Chamber of Commerce Citizen of the Year a) a) A Resolution of the Town Council of the Town of Tiburon Commending Chris Morrison upon his Selection by the Tiburon Peninsula Chamber of Commerce as the 2003 Citizen of the Year 6. Recommendation by Planning Manager - Resolution Memorializing Partial Granting of Appeal a) A Resolution of the Town Council of the Town of Tiburon Memorializing the Partially Granting of an Appeal by St. Hilary Catholic Church of the Denial of a Site Plan and Architectural Review for Property located at 761 Hilary Drive REGULAR AGENDA 7. Recommendation by Director of Community Development - Application by Belvedere-Tiburon Library Agency for Proposed Library Expansion . a) Authorize Town Manager to Sign Application Forms on behalfof the Town to Enable the Library to Apply for Actions on Town-owned Property b) Consider Request by Library for Waiver of Planning Processing Fees 8. Recommendation by Town Manager -Downtown Public Art Project PUBLIC HEARING 9. Recommendation by Planning Manager - Appeal of Design Review Board Denial of a Site Plan and Architectural Review application for Construction of an Addition to an Existing Single-Family Dwelling, with a Floor Area Exception - Request for Continuance to November 19,2003 ",-,..., Address: Appellant: AP Number: 81 Eastview Jeff Kaiser 60-105-51 COUNCIL COMMITTEE AND COMMISSION REPORTS WRITTEN COMMUNICATIONS Town Council Weekly Digest - October 17, 2003 Town Council Weekly Digest - October 24, 2003 Town Council Weekly Digest - October 31, 2003 Agenda - Town Council Meeting November 5, 2003 Page 40f 4 , ADJOURNMENT -In honor and memory of the Marin County Firefighters battling the Southern California Wildfires UPCOMING MEETINGS & EVENTS November 4, 2003 - Town Council Election November 5, 2003 - Regular Meeting November 13,2003 - Undergrounding of Utilities Public Information Meeting (Bel Aire School) November 19, 2003 - Regular Meeting; Farewell to Outgoing Councilmember Andrew Thompson November 20, 2003 - MCCMC (Ross) . November 27/28,2003 - Thanksgiving Holiday December 3, 2003 - Regular Meeting; Election of MayorNice Mayor; seating of New Council December 17, 2003 - Town Holiday Party December 23, 2003 - January 1, 2004 - Town Hall Holiday Closure JanuarY 7, 2004 - Town Council Meeting January 2004 - Town Council/Staff Retreat UPCOMING AGENDA ITEMS - Note: These items are tentative until they appear on the final aaenda. November 19,2003 . Adoption of Annual General Plan Status Report . Marin County Tourism Business Improvement District . Upgrade of McKegney Green Playing Field Surface . Town Investment Summary - September 2003 . Town Auditor's Report for FY ending June 30, 2003 . Amend Animal Control Ordinance - Introduction and First Reading . Modifications to Street Lights along Tiburon Boulevard in Downtown Tiburon . Selection of new Paint Color for Town Council Chambers . Renewal of Agreement for Engineering Services (Harris & Associates) Future Meetings . Interviews for Planning Commission Vacancy . Proposed Jet Ski Ordinance . Proposed Erosion and Siltation Control Ordinance . Proposed Drainage Impact Fee . Revised Alarm Permit Fee Schedule . Revised Road Impact Fee Schedule . Raccoon Lane Undergrounding Utilities District . Accept Storm Drain Project as Complete . Recommendation by Town Manager of Revenue Enhancement ICost Recovery Ideas . Appeal of Planning Commission Decision to Deny an Application to Amend the Cypress Hollow Precise Development Plan to amend a building envelope at 65 Monterey Drive; ApplicanUAppellant Eckhard Evers . Ik~ ;)0. I TOWN COUNCIL MINUTES CALL TO ORDER g of the Tiburon Town Council to order at 7 :30 p.m." own Council Chambers, 1505 Tiburon Boulevard, . ROLL CALL PRESENT: COUNCILMEMBERS: Berger, Fredericks, Gram, Slavitz, Thompson PRESENT: EX OFFICIO: ToWn Manager McIntyre, Town Attorney Danforth, Director of Community Development Anderson, Planning Manager Watrous, 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 (Section 54956.9(a)) Howard Zack, Diane Zack v, MERA . MERA v. Town ofTiburon and Dean Bloomquist Citizens for Open Process in Antenna Siting (COPAS) v. MERA Public Employee Performance Evaluation (Section 54957). . Title: Town Manager Title: Town Attorney ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION. IF ANY Mayor Slavitz said that the Council discussed current litigation and the performance review of the Town Attorney. He said that nO'action was taken on these matters. ORAL COMMUNICATIONS None. Town Council Minutes # 18-2003 October 15, 2003 Page 1 '. CONSENT CALENDAR Mayor Slavitz removed Item No~ 5 from Consent for discussion immediately following. 1. Approval of Town Council Minutes - September 17, 2003 2. Approval of Town Council Minutes - October 1, 2003 3. Recommendation by Director of Administrative Services - Accept FY 2003-04 Municipal Budget Interim Financial Reports for Quarter ended 9-30-03 4. Recommendation by Director of Administrative Services - Update Authorization for Investment of Monies in Local Agency Investment Fund ("LAIF") a) A Resolution of the Town Council ofthe Town of Tiburon Authorizing Investment of Monies in the Local Agency Investment Fund 5. Recommendation by Town Manager -Join Marin County Tourism Business Improvement District a) A Resolution of the Town Council of the Town of Tiburon Authorizing the Town of Tiburon to join a Countywide Business Improvement District 6. . Recommendation by Town Manager - Endorse League of California Cities Proposed Ballot Initiative to Protect Local Tax Revenues a) A Resolution of the Town Council ofthe Town ofTiburon Supporting a Statewide Ballot Initiative to Require Voter Approval before State Government may Confiscate Local Tax Funds 7. Recommendation by Director ofPublicWorksrrown Engineer- Award of Contract for Town Hall Roof Replacement MOTION: Moved: Vote: To adopt Consent Calendar Items 1,2, 3, 4, 6 & 7 above. Fredericks, seconded by Gram AYES: Unanimous Town Council Minutes # 18-2003 October 15, 2003 Page 2 Item No. 5.- Recommendation by Town Manager - Join Marin County Tourism Business Iniprovement District a) A Resolution ofthe Town Council ofthe Town of Tiburon Authorizing the Town of Tibufon to join a Countywide Business Improvement District Town Manager McIntyre said that the Tiburon Peninsula Chambers of Commerce had expressed some concerns about the proposed Business Improvement District and had asked for the opportunity to address the Council on the subject. Mayor Slavitz opened the public hearing: Terry Koenig, President of Koenig & Associates, representing the Chamber of Commerce, said that although the Chamber encourages tourism in Marin County, it wanted to ensure that local hotels and businesses got the best "bang for their buck" out of the proposed program. He said that while the Chamber was not opposed to the promotion of tourism county-wide, the question was whether the money slated for the County Business Improvement District (BID) could be better spentJocally.. . . . Specifically, Koenig said the Chamber had questions about the $35,000-$40,000 line item in the budget for media. Town Manager McIntyre said that the $35,000-$40,000 figure was based on the amounts . . currently collected by the Town for its Transient Occupancy Tax. Mr. Koenig asked the Council to defer adoption of the resolution until the Chamber could meet with the organizers of the County Business Improvement District. Councilmember Thompson said that he thought the Town should move forward with the program as agreed in the September 17, 2003 meeting, but said that he also had some questions about the budget. Sheri Sweet, Marin County Convention and Visitor's Bureau, said that the proposed BID budget was a "sample budget" based on figures obtained from districts in similar size areas throughout the country. _ Councilmember Thompson said that he had not realized that there was additional staffing in the budget and that the amount of money slated for media overall seemed' low. Ms. Sweet said that $200,000 of the $600,000 budget was planned for staff salaries, such as an Executive Director and Director of Sales, but that these positions would not be appointed right . away. Town Council Minutes # 18-2003 October 15,2003 Page 3 Ms. Sweet also noted that the BID would be set up as a special assessment district which would allow a city to "drop out" after one year, if it chose to do so. In response to another Council question, the BID representative noted that all the other cities in the County who had heard the presentation had voted to join the district, except Sausalito, where the matter was still under discussion. Moved: Vote: To continue the action of joining the Business Improvement District to an unspecified date. Fredericks, seconded by Bach AYES: Berger, Gram, Fredericks, Slavitz NOES: Thompson MOlTON: REGULAR AGENDA 8. Report on Proposed Library Expansion - Library Director Deborah Mazzolini Director Mazzolini gave a Powerpoint presentation showing the growth of circulation in the Belvedere- Tiburon Library since its opening in 1997. As a result of this expansion in'circulation and services, Ms. Mazzolini said that the Library had created an ongoing building program to review its current space requirements and to plan for future needs. Ms~ Mazzolini said that in 2002, a special committee, Community Partners for Library Expansion (CPLE), was formed. Chaired by Rita Fink and Ed Zelinsky, she said that the committee members also included Tiburon Town Council representative Alice Fredericks, Corinne Wiley of Belvedere, Library Agency Boardmembers Victoria Fong and Justin Faggioli, representatives from the Library Foundation, as well as representatives of the Landmark's; . Society and BelvederelTiburon Joint Recreation Department. The Committee had voted to hire a consultant to submit a pennit application for a proposed expansion plan to the Town ofTiburon. According to Mazzolini, a preliminary list of the space needs identified by CPLE was: '. ". ^," '--Larger Children's Room --Young adult room --Homework Space --Computer Lab --Additional Meeting and Program Space --Storage and Office Space ~-AQuiet area -.:.Building Maintenance Space . Director Mazzolini showed a possible "footprint". of the proposed expansion plan; drawn up by Jim Levorsen, which would include enclosing the patio off the current Children's Room and expanding the area behind the Library into two, 7,200 square foot floors to accommodate the above needs. Town Council Minutes # 18-2003 October 15, 2003 Page 4 Councilmember Berger asked ifthe above floor plan included the Landmark's Society or Recreation Department. Ms. Mazzolini said that the Landmarks Society would need around 7,000 square feet for its archives, while the Recreation Department had stated that their current office space area of 1,400 square feetwas probably adequate. She also said that while the Belvedere-Tiburon Library Agencywas committed to the expansion of the library, the other interested organizations, Landmarks and Recreation, were not yet certain. . However, Mazzonlini said that CPLE was very much interested in pursuing 'joint ventures" for the project. She said that in addition to the aforementioned groups, a librarian from the Reed Union School District had been consulted, as well as Dr. David Steinhardt of the local Audubon Society~ She noted that a concept such as a Community Center would obviously exceed these . space requirements. Mayor Slavitz asked if the proposed expansion plan would have any environmental impacts on the Pt. Tiburon Marsh. Ms. Mazzolini said that an environmental consultant had been retained and had stated that there would be no major obstacles to the proposed expansion but that some mitigation measures would be probably be required. She also said that one oftheideas that had been "floated" was a possible marsh education center in the Library. . In response to a question from Council, Director of Community Development Anderson confirmed that the next step would be for the ToWIi to authorize the Library's permit application on Town-owned land, and that the matter would come before the Council on November 5,2003. Mayor Slavitz said that the Belvedere- Tiburon Library was a "jewel to the city." Ms. Mazzolini responded that all the services and programs would not be possible without the 320 volunteers who offered their time and services in addition to the Library Staff and Board. 9. Report on Downtown Plaza Art Project - Heritage & Arts Coinmission Chair Dave Gotz Chair Gotz summarized his written report. He said that the Heritage & Arts Commission had been contacted by Steering Committee representative Harry Matthews who had expressed the Coinmittee's concerns about not having met its fundraising goal for the project. He said that the Committee members had reached the conclusions that the "Hulls" design was not going to work due to a lack of community support and that fundraising efforts had been halted. Mr. Gotz said that the Heritage & Arts Commission was now seeking Council authorization to contact the donors and give them the option of getting their money back or leaving it in the Town fund for a different art project in that location. Town Council Minutes # 18-2003 October 15, 2003 Page 5 Andrea Morgan, Chair ofthe Steering Comri1ittee, said that the Committee had raised $80,000 of the $100,000 goal. Nevertheless, she said that the "water" issue [for a fountain or "water element" in that location] had never fully been resolved in the community's mind and that two questions remained for the Council if it decided to move forward with the proj~ct: 1) where w~uld the water come from; and 2) the costs associated with bringing water to the site. Mayor Slavitz opened the public hearing. Jim Mallott commented that the process had not really been an "open competition" and that the . Town might get more involvement if it did not "winnow" the competition up front. Ms. Morgan responded that the RFQ was circulated to 750 artists between Santa Cruz and the Oregon border; that the panel had received 40-45 submittals and had reviewed 5,000 slides, which it then narrowed down to five finalists. Mayor Slavitzclosed the public hearing. Town Manager McIntyre said that on November 5, Staff would brIng the item back for Council consideration to respond to the funds return question and to determine what the next step in the process for the art project would be. Councilmember Berger said that the whole process to date had gotten people to think about . "public art" in their Town and that while it was not a "happy day" to acknowledge that this particular project had failed, something would come ofthe project in future. He thanked all the Commissioners and Committee members for their hard work, which was echoed by the Mayor. 10. Report by Town Manager - Mill Valley Refuse Service Franchise Agreement - Single Stream Recycling and the "Blue Can" . ~ Town Manager McIntyre said that while single stream recycling was ab:eady underway in Tiburon, several issues remained about the new containers, specifically, their size, color, and the ability of residents to store them. Jim Iavarone, Mill Valley Refuse Service (MVRS), said that the "blue can" program had been underway in Mill Valley for over two months in Mill Valley with few complaints, and WIth some favorable comments about the ease of recycling with the new cans. He said that the company had begun running Public Service Announcements in local papers to educate people to remove their blue cans from the sidewalks after pick-up. He also said that some of the supervisors were placing "stickers" on cans left out and that slowly but surely, he hoped that people would get into a routine of not leaving them out. In response to a question from Mayor Slavitz, Mr. Iavarone said that residents of Mill Valley and Corte Madera had also been offered the options of receiving a large, 42-gallon can, a half-size Town Council Minutes # 18-2003 October 15, 2003 Page 6 can, or no can (continue to recycle as before). He said that the vast majority of people liked the new (large size) blue can. However, he brought for Council's viewing the large and half-size can. Councilmember Berger said that it had been the consensus of the Council to allow the residents a choice of can size. Vice Mayor Fredericks said that the program should go onestep further, requiring residents to call the refuse service and ask for a can. She said that this would create a sense of responsibility about the cans. Mr. Iavarone expressed his concerns that this system would create a "piecemeal delivery" schedule that would be difficult for the company to execute; nevertheless, he agreed to do it. He also said that MVRS would come up with some way of notifying Tiburon residents of this program, such as a special mailer, and that the company would probably "batch" calls prior to making a delivery. Mayor Slavitz acknowledged that the proposed delivery program would be more labor intensive for the company but said that the alternative was not desirable to the Town. Councilmember Thompson asked whether the every other week recycling pick-up was still an option. Mr. Iavarone said that initially it was thought this would be a way of reducing trip costs but that the company had found that its customers were on average filling the new blue cans at 80% which would nullify a bi-weekly pick up option. Councilmember Berger also stated that weekly pick up was important to customers who had little. storage space for recyclables. Vice Mayor Fredericks asked whether there were additional charges for exceeding the recycling capacity ofthe cans similar to excess garbage rates. Mr. Iavarone said that the recycling program had always been unlimited. Mayor Slavitz asked whether there was a possibility of obtaining smaller green waste cans, as well. Mr. Iavarone said that perhaps that could be considered. Mayor Slavitz' opened the public hearing. Deirdre McCrohan, Ark Newspaper reporter, said that she had heard from people that they "hated the color" of the blue cans. Mr. Iavarone said that MVRS serviced eight different communities and that it was important to have uniform colors to distinguish between types of refuse. However, he said that the community of EI Monte had requested a brown can which the company had provided. Town Council Minutes # 18-2003 OCtober 15, 2003 Page 7 John Kern asked whether the company accepted plastic bags and stryofoam. Mr. Iavarone said that grocery stores accepted plastic bags but that the recycler they used did not accept bags or styrofoam. Jim Mallott said that the addition of blue cans to the landscape would result in "cumulative visual pollution." Mayor Slavitz closed the public hearing. Council concurred that single stream recycling was a great advantage for the commUnity and encouraged Mr. Iavarone to continue educating the public on removing the cans from the street after pick-up. Councilmember Thompson said that he was indifferent to the color of the can. Councilmember Berger and Vice Mayor Fredericks stated their preference for a brown can. Councilmember Gram said that the "opt in" program was important and also that he preferred the brown can. Town Manager McIntyre said that he would work with Mill Valley Refuse Service to come up with a "brown can" recycling program for Tiburon. PUBLIC HEARING 11. Recommendation by Planning Manager - Appeal by S1. Hilary Church of Design Review Board Denial of a portion of a Site Plan and Architectural Review Application for Grading in Association with Drainage Improvements Address: 761 Hilary Drive AP Number: 55-253-18 Planning Manager Watrous gave the report. He said that a compromise had been proposed and agreed to by the appellant and the affected neighbors which was contained in the Council's "late mail." He said this compromise addressed the amount of fill which was the main concern ofthe Design Review Board. He recommended that Council take public testimony and then partially grant the appeal with the addition of some landscaping. Councilmember Berger asked whether another option would be, after Council deliberation, to deny the appeal and'have the new proposal expedited through the Design Review Board. Planning Manager Watrous said that was indeed an option but that there were time constraints due to the impending rainy season. Town Council Minutes # 18-2003 October 15, 2003 Page 8 Vice Mayor Fredericks pointed out that the action recommended by Staff was within the . . Council's purview and not a change in Town policy. MayorSlavitz asked whether the suggested compromise still made the area look like an extension of the playing field. Town Engineer Echols said that the revised design would "shave back" the existing fill and the revised design of the ditch width would accommodate a 100-year storm. Councilmember Berger, looking at the plans, said the new plan showed the site sloping down toward the new ditch which would be functional Mayor Shivitz opened the public hearing. Bill Tiedje, St. Hilary Church Business Manager, representing the appellant, said that the construction had started in March 2003 and an opportunity had arisen to fill in the old ditch which was considered by some to be a safety hazard. He said that they did not know a permit was needed to do this work and that the Town had issued a stop work order and had required St. Hilary to submit an application and plan for the fill work. Mr. Tiedje said that his understanding was that this sort of plan was normally approved at the Stafflevel. However, he saidthat St. Hilary was required to appear before the DesignReview Board and because their civil engineer was not available to appear before the Board on the scheduled hearing night, St. Hilary requested a continuance which was denied. He said that the DRB then denied the application which was subseqllently appealed to the Town Council. Mr. Tiedje said that the proposed compromise plan was okayed by the neighbors adjacent to the project, the Howards. However, he said that a lot of ill will had been created by neighbors who thought they had "rights to the property" owned by the church and that St. Hilary had been unfairly portrayed as a "bad neighbor" during the construction process. Nevertheless; Mr. Tiedje said that construction was still on track and ahead of schedule and would be complete by. mid to late February. He said that they had taken "extra steps" to ensure that the new buildings would not be a burden to the neighbors. Deborah Bendenelli, 735 Hilary Drive, asked for clarification about the amount of fill being removed. Town Engineer Echols said that several cubic yards would be shaved back to a 2:1 slope, up to an estimated total of75 cubic yards. In response to another question, Planning Manager Watrous said that the original building permit did not specify th'e amount of fill, but that 50 cubic yards was the figure that triggered Design Review, per the Zoning Ordinance. Town Council Minutes # 18-2003 October 15. 2003 Page 9 Mrs. Bendenelli concluded then that 240 cubic yards of dirt had been added to the site, 75 of which would be removed under this plan. She characterized the entire process as a "landfill" which had been "dumped" next to the Howard's' property. Mrs. Bendenelli said she also had concerns about the proposed plants in the landscaping plan and asked the CoUncil how they would ensure that they were kept to. a certain height so as to avoid potential view problems. She said that the church had not followed the Town's guidelines with regard to landfill and wondered whether they would stick to the landscape maintenance plan. Finally, Mrs. Bendenelli asked whether by approving a compromise the Town was actually allowing St. Hilary to "get around" compliance with Town rules. Councilmember Berger said that while it might appear "circuitous," that the Town had asked St. Hilary to revise its original plan and seek approval for it. He said that the compromise plan appeared to meet this requirement. Mayor Slavitz asked Mrs. Bendenelli whether she had seen the plan and was in agreement with it. He also asked' Staff about the enforcement mechanism. Planning Manager Watrous said that the Town did not like to involve itselfin enforcementdue to limited staffing, so it preferred to see plant species that did not grow any higher than the agreed height limit. He said that Staff would do due diligence to find a species that did not have the potential to grow higher, and to find the right location and do the appropriate calculations to meet. this goal. . Vice Mayor Fredericks said that the "Carolina Laurel" mentioned in the compromise plan was just an example. Mr. Watrous agreed; stating the wording of the Agreement said "such as..." this species. Councilmember Berger said that he thought the slope should be hydro seeded, as well. Councilmember Gram asked what would happen if the chosen species did, in fact, grow higher (than the rootline ofthe Howard;s' home), and that he agreed with Mrs. Bendenelli's concern in this instance. Planning Manager Watrous said that traditionally the Town has not included a maintenance clause in its approvals which could result in a view dispute between property owners. However, he reiterated that Staff would try to fmd a plant that would ~'top out" at the proposed level. MayorSlavitz asked whether there were trees in that area prior to the construction. Mr. Watrous said no, but that the Howards and the Design Review Board had requested screening. Town Council Minutes # 18-2003 October 15, 2003 Page 10 Mr. Watrous went on to recommend that Council not require that all parties agree to a specific plant type. Councilmember Berger said that Council's action in this matter shouldnotbeinterpreted as a way for neighbors to negotiate agreements in order to circumvent the Design Review process (after having an application denied by th'e DRB). However, he said thatin this instance, givep that the proposal was acceptable and that expediency was necessary, it was appropriate forthe Council to give due consideration to the plan. Berger added that the project itself was looking great and that the process and the required modifications had worked. . Vice Mayor Fredericks added her opinion that the Council had the authority to review and decide any aspect of an appeal and that all parties had been noticed of both the Design Review and. Town Council hearings in order to have an opportunity to comment. Therefore, she said that an approval did not represent a "subversion of [T own] policy." Councilmember Gram said that the affected parties had worked out a compromise which should . be blessed by the Council; however, he said he did not want to see a future landscape feud resulting from an approval so that Staff should play close attention to this detail. Councilmember Thompson concurred. Mayor Slavitz agreed with Councilmember Gram and Thompson and echoed Ms. Bendenelli' s concerns about future maintenance of the landscaping. .' MOTION: To Partially grant the appeal and direct Staff to come back with a resolution which reflected the components of the plan to which the parties had agreed; that the landscaping not exceed 8-10 feet without trimming; that the construction proceed expeditiously; and that the fill be stabilized with hydro seeding, top soil or an appropriate planting medium be used for the other landscaping. Moved: Fredericks, seconded by Berger Vote: AYES: Unanimous COUNCIL COMMITTEE AND COMMISSION REPORTS Vice Mayor Fredericks said that the CAC would meet on the upcoming Saturday to try to reach consensus for a recommendation to the Board of Supervisors on how the proposed sales tax proceeds would be allocated. Councilmember Berger said that the Governor had signed legislation allowing a bridge toll measure to go to the ballot which would fund the Water Transit Authority. He said that Marin County was connected via the Richmond/San Rafael Bridge link (and Port Sonoma) but that the Golden Gate Route would be unaffected. Town Council Minutes # 18-2003 October 15, 2003 Page 11 Councilmember Thompson said that the Richardson Bay Regional Agency would meet the following evening at 5:30 p.m. and that someone' should be considered to be appointed as th~ Townrepresentative after his departure from the Council. WRITTEN COMMUNICATIONS. Town Council Weekly Digest - October 3,2003 Town Council Weekly Digest - October 10, 2003 ADJOURNMENT There being no further business before the Town Council ofthe Town of Tiburon, Mayor Slavitz adjourned the meeting at 9:27 p.m., sine die. JEFF SLA VITZ, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes # 18-2003 October 15,2003 Page 12 . . . TOWN COUNCIL MINUTES CALL TO ORDER I}IxM 2 .--'---'-. Mayor Slavitz~alledthe.speCi~1 meeting closed session to order at to order at 5:00 p.m. on Wednesday, {October 22, 2003, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, Cal"&' ., J. .' 110nua. "... ./ ROLL CALL PRESENT: COUNCILMEMBERS: Berger, Fredericks, Gram, Slavitz, Thompson PRESENT: EX OFFICIO: Town Manager McIntyre CLOSED SESSION Public Employee Performance Evaluation (Section 54957) Title: Town Manager ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION Mayor Slavitz said that direction was given to Staff in the above matter. ADJOURNMENT There being no further business before the Town Council of the Town ofTiburon, Mayor Slavitz adjourned the meeting at 6:40 p.m., sine die. JEFF SLAVITZ, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes # 14-2003 August 20, 2003 Page 1 . . J7e~ iJc. 3 THIRD AMENDMENT TO TOWN MANAGER'S EMPLOYMENT AGREEMENT This AMENDMENT TO THE TOWN MANAGER'S EMPLOYMENT AGREEMENT ("Amendment") is effective as of September 25,2003, by and between The Town of Tiburon ("Town") and Alexander D. McIntyre ("Employee"). RECITALS A. The Town employs Employee as its Town Manager, pursuant to an Employment Agreement dated September 25, 2000, as amended on November 7, 2001 ("Manager's Agreement"). B. The Town Council has conducted its third performance evaluation of Employee as set forth in the Manager's Agreement and is well satisfied with Employee's Performance. The Council finds that the Employee has demonstrated management and leadership skills that compare favorably to persons holding similar positions in similar agencies. C. The Town's policy is to offer compensation packages that are competitive with similar employers for similar positions so as to maintain the highest quality staffto serve the public. For that reason, the Town amended the Manager's Agreement in November of 2001 and March of 2003. To continue to maintain a competitive compensation package. for Employee so as to retain Employee as Town Manager, the Council has decided to further modify the Manager's Agreement and compensation as set forth in this Amendment and Employee has agreed to such modification. NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE RECITALS AND OF THE MUTUAL PROMISES AND CONDITIONS OF THIS AGREEMENT, IT IS AGREED AS FOLLOWS: 1. Base Salary. Section 4.1 ofthe Manager's Agreement shall be amended as follows: 4.1 Base Salary. Employee shall receive a base salary of One Hundred, Thirty-Four Thousand, Seven Hundred and Twenty Dollars ($134,720) per year. 2. Mana2:er's A2:reement Otherwise Unchan2:ed. Except as expressly modified by this Amendment, and the previous amendments described herein, the Manager's Agreement between the Town and Employee shall remain in full force and effect. . Manager's Empl Ag 10-03 Amend..doc 1 IN WITNESS WHEREOF, this Amendment to the Manager's Agreement shall be effective as of the day and year written above. . Dated: THE TOWN OF TIBURON: By: Jeffrey Slavitz Mayor, Town of Tiburon APPROVED AS TO FORM Ann R. Danforth Town Attorney <EMPLOYEE . Alexander D. McIntyre Town Manager, Town of Tiburon Manager's Empl Ag 10-03 Amend..doc . 2 ~I . " \'-, ,') . Town of Tiburon STAFF REPORT AGENDA ITEM-1- . 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 . 11 11 11 11 11 MEETING DATE> November 5, 2003 11 11 11 11 11 11 11 11 11 11 11 11 11 . 11 11 11 11 11 11 11 11 11 11 11 . 11 11. . 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 4. Each City/Town and the County adopt the JSAOC's July 1, 2003 r~port. , .. , " In November of 2000, the Joint Services Committee submitted its report entitled, "Final Report and Recommended Actions to Improve Accountability and Operation of Marin Joint Powers Authority" (Exhibit 1). This report was adopted by the CitiesfTowns in Marin aswell as by the County. Recommendation One of its recommendations was for the creation of the Joint Services Authority Oversight Committee (JSAOC). That Committee has been meeting since May 2002 and has issued the attached, July 1,2003 report subject: "Report on General Services Joint Powers Agencyand Role of Joint Services Authority Oversight Committee" (Exhibit 2). They make four recommendations: . 1. That no further efforts be made to consolidate current joint powers agencies at this time. 2. That the Board of Directors on the Streetlight Acquisition Joint Powers Authority be requested to restructure itself onto a "general services joint powers authority." . TO: Mayor and Members of the Town Council ~ FROM: Alex D. Mcintyre, Town Manager SUBJECT: Joint Services Authority Oversight Committee 3. That the Joint Services Authority Oversight Committee continue to meet, as needed, to provide policy oversight. The Marin County Council of Mayors and Council members endorsed this July 1, 2003 report at their October 22,2003 meeting. ( It is recommended that the Town Council adopt the attached resolution concurring in the July 1, 2003 recommendations of the Joint Services Authority Oversight Committee regarding the general services JPA and the role of the Joint Services Authority Oversight Committee. Attachments Exhibit 1 - Final Report and Recommended Actions to Improve Accountability and Operation of Marin Joint Powers Authority Exhibit 2 - Report on General Services Joint Powers Agency and Role of Joint Services Authority Oversight Committee Exhibit 3 - Draft Resolution FY..HIBIT 1\10. I JOINT SERVICES COMMITTEE OF THE MARIN"tljUNTY COUNCIL OF MAYORS AND COUNCILMEMBERS November 21, 2000 City/Town Councils Board of Supervisors Marin County, California RE: Final Report and Recommended Actions to Improve Accountability and Operations of Marin Joint Powers Authorities RECOMMENDED ACTIONS REGARDING TillS REPORT: This report represents the efforts of the Joint Services Committee to review Marin County joint powers authorities. Later on in thereport we recommend a process for the cities and towns and the Board of Supervisors to review and consider our recommendations. Therefore, our recommendations for this report are: A.. That you receive the report, and B. That you approve and adopt the recommended review and adoption process. BACKGROUND In 1998 MCCMC and the Board of Supervisors received a consultant's report recommending the establishment of a joint services administrator to manage and oversee the many Marin County joint powers authorities (JPA's.) In response to this recommendation MCCMC established the Joint Services Committee with one representative from each city and town and the BaS. This Committee's charge was to review the work of the consultant and each of the existing JP A's and prepare recommendations regarding needed improvements to accountability and operational practices The Joint Services Committee began meeting in Feb. of 1999. Meeting monthly, the Committee has reviewed the operations of the major JP A's and subsequently met to develop these recommendations. The work of the Committee was staffed by Mr. Martin J. Nichols, in the Office of the County Administrator, utilizing the remaining funds of a grant from the Marin Community Foundation for purposes of studying JP A's. I ", '" . . . ;.t . . . 2 FINDINGS: The Joint Services Committee, based on our review of the major JP A's, makes the following findings: . A. .. The JP A structure is necessary for effective local government in Marin County with its limited population, and numerous cities, towns and special districts. B. The JPA's are free of any major operational or administrative problems; however, there are areas for improvement, and a need to establish standard practices for the JP A' s and consider some consolidation. C. The major JPA's are responsible for significant amounts of public funding. D. The major JP A's are responsible for important policy areas critical to health and safety of Marin residents. E. The work of the major JPA's is not well understood by local elected officials and the public. F. There is a need for improved understanding, accountability, and oversight of the major JPA's. G. . There is a need to establish standardized practices for the distribution of JP A agendas, minutes, budgets, annual activity reports, audits and legislative actions. H. There is a need for some organizational changes, possibly consolidation, for continued evaluation of duties between JP A's. 1. There is a need to establish an oversight committee comprised of elected officials for continued evaluation and review of the JPA's, and to implement these recommendations, and discuss and recommend action on the policy issues confronting these agencies. RECOMMENDATIONS: 1. JP A reorganizations. The Joint Services Committee does not find compelling reasons for major reorganization of the JPA's. We did find, however, that some consolidation and/or shifting of directions could be of benefit to the overall effectiveness and efficiency of these joint efforts. We do recommend that some further staff evaluation be conducted regarding the benefits of combining some sub-functions of individual JP A's with another JP A so those activities may be more appropriately coordinated with public services of a like nature. To implement this recommendation, Mr. Nichols will prepare a report regarding the transfer of functions between JP A's for further consideration by this Committee, and present to the Joint Services Oversight Committee. 3 The Joint Services Committee further recommends that the Marin Street Light Acquisition JPA be renamed as the "General Services JPA." Presently, the Street Light JP A is comprised of several unrelated functions (i.e. street lights, abandon vehicles, metric om contract, geographic information system, non-point discharge prevention, and electric supply alternatives.) Also, we further recommend that Mr. Nichols prepare suggestions regarding the governance structure of the new General Services JP A. . Additionally, Mr. Nichols will prepare a further report to the Joint Services Committee on what activities should be added or deleted from the General Services JP A. Finally, we recommend a detailed review of the existing joint power agreements by the Joint Services Oversight Committee and make amendments if necessary to reflect service or law changes in the individual JPA's areas of responsibility. 2. JP A staffing and oversight. The Joint Services Committee recommends that a permanent Joint Powers Authority Oversight Committee (comprised of elected officials) be established to periodically review the operations of our many JP A's, and provide a forum to discuss policy issues affecting their joint efforts. Mr. Nichols should be directed to prepare recommended operational and financing plans and membership of this oversight committee. We further recommend that a joint services manager position be established and report to the Joint Services Oversight Committee and be responsible for the following: a. Implement the recommendations of this report and those that are adopted by city/towns and County regarding JP A's . b. Monitor the activities of the various JP A's for purposes of discussing and reporting to the elected bodies regarding major .policy issues that should be considered at the elected level. c. Establish and maintain a directory of JP A services and their membership on www.marin.onr., and d. Coordinate legislative issues affecting JP A activities. The position of Joint Services Manager should be combined with the duties of managing the new General Services Joint Powers Authority. The costs for the oversight responsibilities should be apportioned among the various JPA's. We recommend that the Marin Managers Association prepare recommendations as to how these costs should be levied. 3. JPA Standard Practices. We recommend that in the interest of better understanding and accountability, the following practices be implemented: a. Elected officials on certain Joint Powers Governing Boards. . 4 . Elected officials review of the activities of the JPA's activities is provided through the appointment of governing board members and the proposed establishment of the oversight committee. We recommend that each appointing agency be given the discretion of appointing an elected official or a staff member to the advisory bodylboard to which they belong, excepting the Joint Powers Oversight Committee, which is to be comprised of only elected officials. b. Distribution of Agendas and Minutes. We recommend that agendas and minutes of each JPA (and their executive committee, if they have one) be routinely sent to city/town managers and the County Administrator if requested. We further recommend that each JP A establish a process by which they can send copies of agendas and minutes to individual elected officials, if so requested by that official. Finally, we further recommend that the Joint Services Manager implement procedures to make copies of agendas and minutes of the various JPA's available on line at www.mann.org.' c. Audits. . We recommend that each individual JP A be given authority to determine the need for annual audits in lieu of the statutorily required bi-annual audit. One copy of each audit and management letter should be provided to each participating agency. d. Minimum Insurance Requirements. We recommend that the individual JP A's determine their own individual insurance requirements based on an analysis of the risk potential associated with their individual functions. e. Standard Indemnification Clauses. We recommend that each JP A determine the indemnification requirements necessary for their individual areas of responsibility. f. Legislation We recommend that JP A's not take positions on legislation, but submit recommendations regarding pending legislation for consideration by the MCCMC Legislative Committee and the Board of Supervisors. We also believe county-wide coordination regarding legislative issues is a more effective way to achieve our policy objectives. g. By-laws. . Each JP A should adopt by-laws that are referred for review to the appointing agencies bi-annually. 5 4. Staffing for Marin County Council of Mayors and Councilmembers. . We recommend that permanent staffing be established for MCCMC to coordinate the appointments, bylaw reviews, meeting coordination, and agendas. We recommend that this function be combined with the duties of the Joint Services Manager and that the Marin Managers Association prepare recommendations. on how the cost of this function should be shared among the cities and towns. REVIEW AND ADOPTION PROCESS The Joint Services Committee recommends that this report be discussed before each city/town council and the Board of Supervisors. The chair or vice chair of the Joint Services Committee, assisted by Mr. Nichols, will be available to make presentations at each agency's meeting ". regarding this report. Based on the input we receive from this process, the Joint Services Committee will meet one last time to prepare final recommendations for consideration by the MCCMC and the Board of Supervisors. Dated: Harry Matthews, Chair Joint Services Committee .0 Dated: Pat Eklund, Vice Chair Joint Services Committee FOR THE JOINT SERVICES COMMITTEE: Amy Belser, Sausalito Susan Brandborg, Fairfax Paul Chignell, San Anselmo John Dupar" Corte Madera John Gray, Ross Barbara Heller, San Rafael John Kress, County of Marin Joan Lubamersky, Larlq;pur Christopher Raker, Mill Valley Bruce Sams, Belvedere . . . . ETIIIB!T l'~TO. 2. MARIN JOINT SERVICES AUTHORITY OVERSIGHT COMMITTEE 27 Commercial Blvd., Suite C, Novato, CA 94949 Phone: (415) 883-9100 FAX: (415) 883-9155 MEMORANDUM DATE: July 1, 2003 TO: City/Town Councils Board pf Supervisors Marin County, California SUBJECT: REPORT ON GENERAL SERVICES JOINT POWERS AGENCY AND ROLE OF JOINT SERVICES AUTHORITY OVERSIGHT COMMITTEE Recommendations (adopted April 30, 2003): 1. That no further efforts be made to consolidate current joints powers agencies at this time. With the exception of the Street Light JP A, existing agencies will remain \inchanged. 2. That the Board of Directors of the Streetlight Acquisition Joint Powers Authority be requested to restructure itself into a "general services joint powers authority," with its current duties. The new joint powers agreement forming the General Services Agency ." will be sent to the member agencies for adoption. . 3. That the J()intServices Authority Oversight Committee continue to meet, as needed, to review the operations of the various JP A's, encourage the establishment of "the standard practices" recommended by the Joint Services Committee, and provide a public forum to discuss policy issues affecting regional programs, and to encourage public understanding and participation in the operation of the various JPA's. The staff of the JP A's would be requested to prepare reports for the Oversight Committee on operational and policy issues before the JP A Board for the consideration of the Oversight Committee. Staffing for the Committee will be provided by Supervisor Susan Adams' office, in order to not create new costs at this time of great fiscal restraint. 4. Finally, for purposes of providing clear direction to the many JPA's, we request that each City/Town and the County bring this report before its CouncillBoard of Supervisors for adoption. C:\WrNNT\Profiles\arncintyre\Ternporary Internet Files\OLK6\FinaI Rpt on GS JPA-2003.doc City/Town Councils and Board of Supervisors July 1, 2003 Page 2 Background: . In November of2000, the Joint Services Committee submitted its report entitled, "Final Report and Recommended Actions to Improve Accountability and Operation of Marin Joint Powers Authority (copy attached)". This report was adopted by the Cities/Towns and the County. One of its recommendations was for the creation of a Joint Services Authority Oversight Committee. That Committee was created with the following memberships: Pat Eklund, Novato - Chair Chris Raker, Mill Valley - Vice Chair Bruce Sams, Belvedere Jeff Slavitz, Tiburon Paul Albritton, Sausalito John Dupar, Corte Madera Ron ArIas, Larkspur Paul Chignell, San Anselmo Lew Tremaine, Fairfax Barbara Heller, San Rafael John Gray, Ross John Kress and then Susan Adams, County of Marin The Joint Services Authority Oversight Committee concurs in the findings ofthe 2000 Joint Services Committee and strongly supports the continuing efforts of our regional agencies to provide cost-effective services to cities, towns and the County of Marin. Joint powers agencies are an effective method for the mostly small public agencies in Marin to provide selected services that are common to us all. . We find a continuing need for a flexible, regional agency to manage several, gen~rally unrelated programs with the ability to assume new duties, should that be determined to be the most effective way to meet a new common need. Over the course of several meetings, the Committee considered and evaluated different organizational models for creating a "General Services Agency" and to provide the previously recommended JP A oversight. We discussed new organizations that assumed the duties of some existing agencies, thereby reducing the number of JP A's. We considered a fully staffed Joint Services Oversight Committee to fulfill the duties contemplated by the Joint Services committee. In the end, we were very concerned about creating new administrative costs, especially facing the major retrenchment by the pending State budget. We did not find sufficient benefits from further consolidation to justify new the costs. . C:\WINNT\Profiles\amcintyre\Temporary Internet Files\OLK6\Final Rpt on GS JPA-2003.doc . . . City/Town Councils and Board of Supervisors July 1, 2003 Page 3 The existing Streetlight JP A currently manages several regional programs in an effective manner. We agreed with the Joint Services Committee that it should be renamed to more accurately reflect its general services mission. To avoid new costs and streamline the process, we decided that the current JP A Board should be requested to undertake the mission of redoing its own joint powers agreement to become a regional general services agency. The Joint Services Authority Oversight Committee will continue to meet as needed to continue in its efforts to encourage the JP A's to implement standard practices, monitor the activities of JP A's, discuss regional policies and provide a regional forum for greater public understanding and participation in the important programs run through Marin's JPA's. We believe that the staffs of the individual JPA's can make periodic reports to the Oversight Committee. Supervisor Adams offered her staff as the coordination of the efforts of the Oversight Committee in order to not create new costs in this review effort. Conclusions In making its recommendation, the Committee finds that the goals of improved policy oversight of the various JP A's and restructuring of the Streetlight Acquisition JP A must be achieved without creating new costs at this time of major fiscal problems. These recommendations achieve this goal, and once implemented, will provide: a) For an established and staffed mechanism for elected officials to monitor the policy and activities of the individual JPA's and assure improved policy and administrative oversight. b) For a General Services JP A whose name reflects its multifaceted duties and whose structure provides a mechanism to assume new duties should that be mandated and/or is cost justified. Respectfully submitted on behalf of the Committee, Pat Eklund, Novato - Chair Chris Raker, Mill Valley - Vice Chair C:\WINN1\Profiles\amcintyre\Temporary Internet Files\OLK6\Final Rpton GS JPA-2003.doc EYBIB!T I~TO. 3 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AFFIRMING THE ROLES OF THE MARIN COUNTY GENERAL SERVICES JOINT POWERS AGENCY AND THE MARIN COUNTYJOINT SERVICES AUTHORITY OVERSIGHT COMMITTEE . WHEREAS, the Town of Tiburon has been a participant in the Marin Joint Services Authority Oversight Committee and its efforts to implement the 2000 Final Report of the Joint Services Committee; and WHEREAS, the Joint Services Authority Oversight Committee has issued its July 2003 "Report on General Services Joint Powers Agency and the Role of the Joint Services Authority Oversight Committee; and WHEREAS, the Town of Tiburon has received and considered the Oversight Committee's recommendations; NOW, THEREFORE, BE IT RESOLVED that the Town of Tiburon hereby agrees that: 1. No further efforts shall be made to consolidate current joint powers agencies at this time and with the exception of the Streetlight JPA, existing agencies will remain unchanged. . 2. The Board of Directors of the Streetlight Acquisition Joint Powers Authority is hereby requested to restructure itself into a "general services joint powers authority," with its current duties, and the ability to assume new duties should that be mandated and/or is cost justified. 3. The Joint Services Authority Oversight Committee continue to meet, as needed, to review the operations of the various JPA's, encourage the establishment of "the standard practices" recommended by the Joint Services Committee, and provide a public forum to discuss policy issues affecting regional programs, and to encourage public understanding and participation in the operation of the various JPA's. . j . . . PASSED AND ADOPTED at a regular meeting of the Town Council on this 5th day of November, 2003 by the following vote: COUNCILMEMBERS: AYES: NAYES: ABSENT: ABSTAIN: ATTEST: DIANE CRANE IACOPI, TOWN CLERK JEFF SLA VITZ, MAYOR - , . . . ,I ~Ah. S- RESOLUTION NO. xx-2003 ARESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON COMMENDING CHRIS MORRISON UPON HIS SELECTION BY THE TIBURON PENINSULA CHAMBER OF COMMERCE AS THE 2003 CITIZEN OF THE YEAR WHEREAS, Chris Morrison became a r~sident of the Tiburon Peninsula in 1954, graduated from Tamalpais High School in 1971, and went on to obtain a degree in history from Sonoma State University in 1975; and WHEREAS, Chris is President of the Phillips Mprrison Institute of California and Phillips Library, a local resource and historical archive; WHEREAS, Chris opened The A~ic Collectors Shop in 1976, which has become a favorite haunt of local youth; and WHEREAS, Chris owned and operated his own business, the Tiburon Maintenance Company, from 1977- 1990; and WHEREAS, Chris has served on the board of the Landmarks Society for nine years, the Tiburon Peninsula Chamber of Commerce for 10 years, as well serving as President of the Tiburon Sunset Rotary of which he was a founding member; and WHEREAS, Chris' has been involved with many 10C;al projects and is known for his special rapport with children as well as caring for elderly citizens; and WHEREAS, Chris' annual Children's Christmas Cruise for Big Brother/Big Sisters, is a: delight to all who have had the pleasure of participating; and NOW, THEREFORE, BE IT RESOLVED, thatth~ Town Council of the Townof Tiburon is honored to commend Chris Morrison for his selection as the Tiburon Peninsula Chamber of Commerce 2003 Citizen of the Year. PASSED and ADOPTED at a regular meeting of the Tiburon Town Council on November 5, 2003, by the following vote: AYES: COUNCILMEMBERS: Berger, Fredericks, Gram, Slavitz, Thompson JEFF SLA VITZ, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK '. SI:N"CJE JL~~~ November 2003 CALENDAR Monday, November 3 7:30 p.m. Belvedere City Council Belvedere City Hall . Wednesday, November 5 .7:30 p.m. Tiburon Town Council liburon Town Hall Wednesday, November 12 _ I CITIZEN OF THE YEAR .'1 LUNCHEON honoring Chris Morrison San Francisco Yacht Club $18 members; $20 nonmembers Wednesday, November 19 7:30 p.m. . Tiburon Town Council Tiburon Town Hall .~ Thursd~y, November 20 5.30 - 7 p.m. Monthly Mixer 12th Annual Windsor Vineyard Tasting Room Mixer, Ark Row $10 members; $15 nonmembers Thursday, November 27 HAPPY THANKSGIVING! _ I Tuesday, December 2 .'1 6 - 10 p.m. ANNUAL HOUDAY CRUISE Lots of wonderful food, music, dancing. games and silent wine auction. $40 per person Saturday, December 6 Family Holiday Celebration . Boardwalk 10 a.m. - 12 noon Main Street 3 - 5 p.m. Fax: 435-1132 96 B Main Street, Tiburon, CA 94920 415/435-5633 Monthly Luncheon Wednesday, November 12, 2003 11:30 a.m. Citizen-of-the- Year, Chris Morrison San Francisco Yacht Club Our Citizen of the Year 2003 is Chris Morrison, owner of The Attic on Lower Ark Row. Known as a "very caring person who looks after the ill ~d the elderly," Chris is an enthusiastic supporter of the Town of Tiburon and is very knowledgeable about its history. Born in 1952, Chris moved to Belvedere with his family when he was two-years-old, graduating in 1971 from Tamalpais High School. In 1975, he earned a B.A. degree from Sonoma State University with a major in history. Chris claims his first job was when he was eight-years- old, folding Chamber of Commerce newsletters for 1O~ an hour. He also was hired to be a bingo caller for the chamber's games and was the cashier for many of the town's 4th of July picnics. In 1973, Chris moved from Belvedere to Tiburon and; in April 1976, he opened The Attic Collectors Shop, a spot especially popular with kids because of Chris' special rapport with youngsters and also because of the "penny arcade games" in the shop. "To me," said Chris, "the two most important things in life are our senior citizens who sacrificed so much during the depression and in World War II to give us a good life and our children that will inherit that life." To this emf., Chris was instrumental in beginning the Children's Christmas Cruise for Big Brothers/Big Sisters. He was a founder of the Tiburon Sunset Rotary Club and was its first president, and he is president of the Phillips Morrison Institute of California and the Phillips Library which sponsors an annual writing contest for Marin's middle school students. For nine years, he was a board member of the Landmarks Society, and he was a board member of the Tiburon Peninsula Chamber of Commerce for 10 years. Chris owned and operated the TIburon Maintenance Company from 1977 to 1990 before deciding 13 years was long enough to be involved with "all those chemicals." He also has been the Night Manager of Main Street Properties since 1974. Plan to attend our luncheon at the San Francisco Yacht Club and congratulate Chris Morrison on being our Citizen-of-the-Year. Call the chamber office, 435-5633, to make reservations. Web site: www.tiburonchamber.org E-mail: tibcc@aol.com fj> ~ "', . . . Town of Tiburon STAFF REPORT AGENDA ITEM k . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TO: MAYOR AND MEMBERS OF THE TOWN COUNCIL FROM: DANIEL M. WATROUS, PLANNING MANAGER 761 HILARY DRIVE ADOPTION OF RESOLUTION MEMORIALIZING THE PARTIAL GRANTING OF AN APPEAL OF DESIGN REVIEW BOARD DECISION TO DENY A PORTION OF A SITE PLAN AND ARCHITECTURAL REVIEW APPLICATION FOR GRADING IN ASSOCIATION WITH DRAINAGE IMPROVEMENTS . . ~. NOVEMBER 5, 2003 REVIEWED BY:~ SUBJECT: MEETING DATE: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SUMMARY rJ On October 15,2003, the Town Council held a public hearing on the appeal of the Design Review Board's decision to deny a portion of a Site Plan and Architectural Review application for grading in association with drainage improvements, and approve a portion of a Site Plan and Architectural Review application for construction of a fence, on property located at 761 Hilary Drive (St. Hilary Church). At that meeting, the Town Council voted (5-0) to partially grant the appeal, subject to several conditions of approval. A resolution has been prepared memorializing this decision, and is attached. RECOMMENDA TION Adopt the attached resolution memorializing the partial granting of the appeal. EXHIBITS 1. Draft resolution H: dwatrouslreportsITC703094. appeal3. doc '" -'\. ,. 'j . . . RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON MEMORIALZING THE PARTIALLY GRANTING OF AN APPEAL BY ST. HILARY CATHOLIC CHURCH OF THE DENIAL OF SITE PLAN AND ARCHITECTURAL REVIEW FOR PROPERTY LOCATED AT 761 HILARY DRIVE WHEREAS, on September 4, 2003, the Design Review Board held a public hearing to consider the approval of an'after-the-fact Site Plan and Architectural Review application to legalize the grading in association with drainage improvements in excess of fifty (50) cubic yards, and for the future construction of a fence, on property located at 761 Hilary Drive, submitted by St. Hilary Catholic Church ("Applicant"); and; WHEREAS, after receiving public testimony at that hearing, the Design Review Board determined that the fill area created substantial privacy impacts on the adjacent property at 750 Hilary Drive, as the level of the filled area would allow people to look down into the rear yard of this adjoining lot, and into a bedroom window of the house, and that the fill area also did not reasonably minimize the amount. The Design Review Board also determined that the proposed fence extension would be consistent with other fencing in the vicinity, and was necessary to provide adequate security of the subject property; and WHEREAS, on September 18,2003, the Design Review Board voted (3-1) to adopt Resolution No. 2003-05 denying the Site Plan and Architectural Review application for grading associated with drainage improvements, and approving the Site Plan and Architectural Review application for the fence; and WHEREAS, on September 29, 2003, the Applicant filed an appeal of the Board's decision; and WHEREAS, on October 15, 2003, the Town Council of the Town of Tiburon held a duly- noticed public hearing on the appeal; during which public testimony was heard regarding the project and the Design Review Board's review of the application, and included an agreement between the Applicant and the owners of the adjacent property at 750 Hilary Drive regarding a substantially revised design for the grading and drainage improvements; and WHEREAS, after hearing all testimony and reviewing all documents in the record, the T own Council determined that the revised plans addressed the privacy concerns raised by the Design Review Board and reasonably minimized the amount of grading on the property, and included appropriate screening landscaping and slope design that would normally be associated with the drainage improvements on this property; and WHEREAS, based on the above findings, the Council partially granted the appeal (a vote of 5-0), and approve the Site Plan and Architectural Review application subject to the following conditions of approval: 1. The project shall comply with the revised plans submitted to the Tiburon Public Works Department on October 9, 2003. TIBURON TOWN COUNCIL RESOLUTION NO. 11/5103 1 Vegetation for the site shall be approved by Planning Division Staff. Shrubs shall be chosen and planted that have a maximum height of 8 to 10 feet without the need for trimming, to not exceed the height of the roof eaves of the house at 750 Hilary Drive. 2. 3. Top soil and/or an appropriate growth medium shall be installed prior to the planting of the required shrubs. The remainder of the fill area shall be hydroseeded with appropriate ground cover. 4. Completion of this project shall proceed in an expeditious manner. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon memorializes that the appeal of St. Hilary Catholic Church was partially granted on October 15, 2003, as set forth in this resolution. PASSED AND ADOPTED at a regular meeting of the Town Council on November 5, 2003, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: JEFF SLAVITZ, MAYOR TOWN OFTIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK TIBURON TOWN COUNCIL RESOLUTION NO. 11/5/03 " '. . . 2 . Town of Tiburon STAFF REPORT AGENDA ITEM '1 ..~'r i ~EVISE ({ /5(Jooj TO: MAYOR & MEMBERS OF THE TOWN COUNCIL FROM: ALEX MCINTYRE, TOWN MANAGER SCOTT ANDERSON, DIRECTOR OF COMMUNITY DEVELOPMENT BELVEDERE-TIBURON LIBRARY EXPANSION PROJECT: REQUEST FOR AUTHORIZATION TO FILE DEVELOPMENT APPLICATIONS FOR TOWN-OWNED PROPERTY AND REQUEST FOR WAIVER OF PROCESSING FEES SUBJECT: MEETING DATE: NOVEMBER 5, 2003 REPORT DATE: OCTOBER 30, 2003 REVIEWED BY: BACKGROUND The Belvedere- Tiburon Public Library Agency is pursuing additions to its existing building at 1501 Tiburon Boulevard, and has filed application materials with the Town of Tiburon as well as a request for fee waivers on processing of the land development applications. The land development applications being sought at this time are for general plan amendment and rezoning. Environmental documentation will also need to be reviewed by the Town. ANAL YSIS Land Development Application As the property on which the general plan amendment and rezoning are sought is land owned by the Town of Tiburon, the Town must authorize (sign) the land development application form prior to processing the applications. For major permits of this nature, the Town's practice is to have the Town Council authorize the Town Manager to sign the application form if it desires the application process to move forward. A simple minute-action is appropriate for granting the authorization. Fee Waivers The request for fee waiver was made in a memo dated September 29, 2003, attached as Exhibit 1. Requests for fee waivers are reviewed pursuant to the policy established in Town Council Resolution No. 31-2001, attached as Exhibit 2. In accordance with this policy, the Library Agency is entitled to apply for a total or partial waiver of Town fees. Because the Library Agency is a governmental agency, and does not have the power to fund the project's costs by raising revenue from the project's beneficiaries, the Town Council may grant up to a 100% fee waiver of the otherwise applicable fees. ~ '\ 1 -'" Town of Tiburon STAFF REPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The filing fees (initial deposits) that would be required to process the applications sought by the Library Agency at this time are as follows: General Plan Amendment: Rezoning: Initial Study: TOTAL $1 ,435 $1 ,435 $1,000 $3,870 The initial deposit amounts are approximations of the staff time and materials necessary to process a typical application. Some applications exceed this figure and require additional funds to be deposited; other applications receive a partial refund of the initial deposit. Town Staff notes that the genera.-plan amendment and rezoning applications in this case involve very similar procedures and are largely duplicative. Staff also notes that the Library Agency has retained its own professional consultants who have prepared a draft initial study (using the Town's standardized format) and submitted it to the Town as part ofthe land development applications. These efforts will reduce processing time for Town Staff. Hard costs of processing the applications will be primarily limited to postage, public noticing, and reproduction of reports and documents, and should amount to no more than a few hundred to several hundred dollars. Potential costs for any outside consultants that the Town might find necessary to retain are unknown at this time. Such costs are not subject to fee waiver. Should the project move forward to completion, subsequent Town-required permits would include the following: Conditional Use Permit: Design Review: tot Line Adjustment: Sign Permits: Building Permits: $2,875 $2,650 $ 400 $ 215 Unknown at this time, but substantial. The final amount will be dependent on the final valuation of the project. The Town Council should anticipate receiving future requests for waiver of some or all of these subsequent permit fees should the project move forward. The issue of potential land value compensation is also one that should be addressed fairly early in the process, although it need not be resolved at the initial application filing stage. It is important to note the policy implications of the financial relationship between the Town and the Library Agency. Historically, the Town has certainly cooperated with the Library Agency. In light of these difficult financial times, the Town Council recently challenged the Town staff to aggressively pursue revenues on behalf of the Town. While this does not amount to a significant amount of money' and the Town certainly wants to cooperate with the library's effort to expand, it would be difficult to recommend to the Town Council that these costs be completely waived. TIBURON TOWN COUNCIL STAFF REPORT NOVEMBER 5, 2003 2 ~n {' ,. 1 Town of Tiburon STAFF REPORT . . . . . . . . . . . . . . . . . . . . . . . . .; . . . . . . . . . . . . . . . . . . . .'. .-.. ." "". '~'.~ .. RECOMMENDATION It is recommended that the Town Council do the following: 1) Authorize the Town Manager to sign the Land Development Application Form for the general plan amendment and rezoning applications. 2) Deny the request for planning related fee waiver for the current applications. EXHIBITS 1. Memo dated 9/29/2003 from Deborah Mazzolini to Alex Mcintyre. 2. Town Council Resolution No. 31-2001 regarding fee waivers. \scott\ 1501 tiburon blvd tcstaff Report.doc.dot I/o TlBURON TOWN COUNCIL STAFF REPORT NOVEMBER 5, 2003 3 Town of Tiburon . STAFF REPORT AGENDA ITEM ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FROM: MAYOR & MEMBERS OF THE TOWN !iNCIL ALEX MCINTYRE, TOWN MANAGER . ~.J___ SCOTT ANDERSON, DIRECTOR OF CO NITY DEVELOPMEN~ BELVEDERE-TIBURON LIBRARY EXPANSION PROJECT: REQUEST FOR AUTHORIZATION TO FILE DEVELOPMENT APPLICATIONS FOR TOWN-OWNED PROPERTY AND REQUEST FOR WAIVER OF PROCESSING FEES TO: SUBJECT: MEETING DATE: NOVEMBER 5, 2003 OCTOBER 30, 2003 REPORT DATE: . . . . . . . .. ........-................................ BACKGROUND . The Belvedere-Tiburon Public Library Agency is pursuing additions to its existing building at 1501 Tiburon Boulevard, and has filed application materials with the Town of Tiburon as well as a request for fee waivers on processing of the land development applications. The land development applications being sought at this time are for general plan amendment and rezoning. Environmental documentation will also need to be reviewed by the Town. ANAL YSIS Land Development Application \ As the property on which the general plan amendment and rezoning are sought is land owned by the Town of Tiburon, the Town must authorize (sign) the land development application form prior to processing the applications. For major permits of this nature, the Town's practice is to have the Town Council authorize the Town Manager to sign the application form if it desires the application process to move forward. A simple minute-action is appropriate for granting the authorization. Fee Waivers The request for fee waiver was made in a memo dated September 29, 2003, attached as Exhibit 1. Requests for fee waivers are reviewed pursuant to the policy established in Town Council Resolution No. 31-2001, attached as Exhibit 2. In accordance with this policy, the Library Agency is entitled to apply for a total or partial waiver of Town fees. Because the Library Agency is a governmental agency, and does not have the power to fund the project's costs by raising revenue from the project's beneficiaries, the Town Council may grant up to a 100% fee waiver of the otherwise applicable fees. . '" , Town of Tiburon STAFF REPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The filing fees (initial deposits) that would be required to process the applications sought by the Library Agency at this time are as follows: . General Plan Amendment: Rezoning: Initial Study: TOTAL $1,435 $1,435 $1,000 $3,870 The initial deposit amounts are approximations of the staff time and materials necessary to process a typical application. Some applications exceed this figure and require additional funds to be deposited; other applications receive a partial refund of the initial deposit. Town Staff notes that the general plan amendment and rezoning applications in this case involve very similar procedures and are largely duplicative. Staff also notes that the Library Agency has retained its own professional consultants who have prepared a draft initial study (using the Town's standardized format) and submitted it to the Town as part of the land development applications. These efforts will reduce processing time for Town Staff. Hard costs of processing the applications will be primarily limited to postage, public noticing, and reproduction of reports and documents, and should amount to no more than a few hundred to several hundred dollars. Potential costs for any outside consultants that the Town might find necessary to retain are . unknown at this time. Such costs are not subject to fee waiver. Should the project move forward to completion, subsequent Town-required permits would include the following: ' Conditional Use Permit: Design Review: Lot Line Adjustment: Sign Permits: Building Permits: $2,875 $2,650 $ 400 $ 215 Unknown at this time, but substantial The Town Council should anticipate receiving future requests for waiver of some or all of these subsequent permit fees should the project move forward. The issue of potential land value compensation is also one that should be addressed fairly early in the process, although it need not be resolved at the initial application filing stage. It is important to note the policy implications of the financial relationship between the Town and the Library Agency. Historically, the Town has certainly been quite generous to the Library Agency. The Town donated the land for the existing library site. Further, the Town had to enter into an agreement with the library when it became apparent through construction of both facilities that the library agency paid for paving the Town-owned portion of the parking lot. Through a service agreement, the Town agreed to pay down the debt to the library by providing building and landscape maintenance services. The debt to the library was recently paid off. Finally, since the library is a joint agency of both Belvedere and Tiburon, it seems somewhat unfair that . the Town would be requested to absorb these costs leaving Belvedere with no financial responsibilities whatsoever. TIBURON TOWN COUNCIL STAFF REPORT NOVEMBER 5, 2003 2 Town of Tiburon . STAFF REPORT ~y / In light of these difficult financial times, the Town Council recently challenged the Town staff to aggressively pursue revenues on behalf ofthe Town. .While this does not amount to a significant amount of money and the Town certainly wants to cooperate with the library's effort to expand, it would be difficult to recommend to the Town Council that these costs be completely waived without consideration of the above. RECOMMENDATION It is recommended that the Town Council do the following: 1) Authorize the Town Manager to sign the Land Development Application Form for the general plan amendment and rezoning applications. 2) Deny the request for planning related fee waiver for the current applications. EXHIBITS 1. Memo dated 9/29/2003 from Deborah Mazzolini to Alex Mcintyre. . 2. Town Council Resolution No. 31-2001 regarding fee waivers. \scott\1501 tiburon blvd tcstaff Report.doc.dot . TlBURON TOWN COUNCIL STAFF REPORT NOVEMBER 5, 2003 3 DIGEST ':j, ,.,. '~ '. .. Belvedere ~ Tiburon Library 1501 Tiburon Boulevard Tiburon, CA 94920 . 415-789-2665 415-789-2650 (fax) DATE: TO: September 29,2003 Alex McIntyre, Tiburon Town Manager Jeff Slavitz, Mayor, Tiburon Town Council Deborah Mazzolini, Library Director Waiver of Fees FROM: RE: This communication is to request, on behalf of the Belvedere- Tiburon Library Agency, a waiver of Town fees for the proposed Library expansion and joint venture project on the property behind the library. Though all submission requirements have not been determined, at this time a rezoning, a general plan amendment, and a conditional use permit are necessary. Other requirements will be determined as the project progresses. . As per the Town of Tiburon's resolution no. 31-2001, the Belvedere-Tiburon Library qualifies for a waiver as a public body or agency. In addition, this project will provide substantial public benefit. The Land Development application has already been submitted to the Town. This application includes the Environmental Data Submission and other necessary application information. The Town of Tiburon is taking the lead agency role on the project and Town Manager Alex McIntyre will sign submissions. It is very exciting to be 'moving forward on the project. Iwould like to thank Tiburon Town staff for their'advice and support. I would also like to thank the members of the Community Partnerships for Library Expansion Committee for their efforts. Alice Fredericks has been representing Town Council on the CPLE Committee. Other members are Ed Zelinksy, Chair; Rita Fink, Vice-Chair; Corinne Wiley, Belvedere City Council; Jerry Riessen, Belvedere- Tiburon Joint Recreation Department; Harry Matthews, Landmarks Society; Piper Berger, Landmarks Society; Victoria Fong,Belvedere-Tiburon Library Agency; Justin Faggioli, Peninsula Library Foundation; Mary Falk, Peninsula Library Foundation; Dr. David Steinhardt, Audubon Society; and myself. Cc: Belvedere-Tiburon Library Agency; Community Partnerships for Library Expansion Committee . RYT-IIBIT I-TO. I J ;/ . . . RESOLUTION NO. 31-2001 A RESOLUTION OF THE TOWN COUNCIL OFTHETOWNOFTIrnURON ESTABLISHING A POLICY TO GOVERN THE PARTIAL AND TOTAL WAIVER OF TOWN FEES WHEREAS, the Town ofTiburon assesses fees upon project applicants for the purpose of recovering the administrative and processing costs of such project applications; and . WHEREAS, Section 3.01.08 of the Town's Zoning Ordinance provides that the Town Council may waive any fees. required under the Ordinance for any public, quasi-public b()dy, district or agency of the F~deral, State, County or Municipal government; and; WHEREAS, such fees are set by resolution of the Town Council, the current resolution being Resolution No. 11-2001; and WHEREAS, on March 17, 1999, the Council adopted Resolution No. 3323, establishing a policy governing applications for fee waivers; and WHEREAS, the Council finds that the relocation of overhead electric and communication lines to underground conduits serves the public interest and wishes to promote undergrounding projects by absorbing the project costs associated with Town permits; and WHEREAS, the Council therefore intends to amend the Town's Fee Waiver Policy to extend to undergrounding projects. NOW; THEREFORE, BE IT RESOL YED by the Town Council of the Town ofTiburon as follows: 1. Resolution No. 3323 is hereby repealed and replaced by this Resolution. 2. The Town shall waive fees for projects to relocate overhead electric and communication lines to underground conduits. Notwithstanding the foregoing, in the event that a project involves work that is not directly associated with the undergrounding of public utilities, Town fees shall be assessed against those portions of the project that Town staff finds are not directly associated with the undergrounding portion of the project. Work considered not directly related to the uridergrounding portion of the project shall include, without limitation, work. to improve individual electric services. . 3. With respect to all other projects, any public, quasi-public body, district or agency of the Federal, State, County or Municipal government may apply for a total or partial waiver of Town fees as set forth in this Resolution. S:ladanforthlResoslFee Waiver po/icy, 2001. doc ~yr..IIB!T I.TO. cl 4. In considering a fee waiver application, the Council will consider the following factors: A. Whether the applicant is a governmental agency, a charitable non-profit organization, a private individual or a for profit organization. A private individual or for-profit entity shall not be eligible for a fee waiver unless. substantially all of the benefit of the project will accrue to a charitable, non-profit organization. . . B. If the applicant is a non-profit entity with the power to .impose dues or fees, or otherwise has the power to raise revenue to fund' the project from project beneficiaries, the extent to which the project will benefit residents of the Town of Tiburon that are not subject to such power. For example, if the applicant has dues paying members, the Council will consider waiving. fees only to the extent that the project will benefit non-member residents in the Town ofTiburon. C. The extent to which the project will benefit the general public of the Town of Tiburon. 5. If the Council finds the applicant is eligible underSection 4.A of this Resolution, and does not have the power to fund the project's costs by raising revenue from the project's beneficiaries, the Council may grant a waiver of up to 100% of the otherwise-applicable fees. The Council shall determine the amount of the waiver granted based on the percentage of project benefit that will be realized by the general public ~fthe Town ofTiburon. 6. If the Council finds the applicant is eligible under Section 4.B of this Resolution, the Council . shall determine the amount of the waiver based on the percentage of project benefit that will be realized by those residents of the Town that are not subj ect to the applicant's revenue- raising powers. In no event shall the waiver exceed 50% of the otherwise-applicable fees. 7. This resolution shall only apply to fees imposed pursuant to the Schedule of Fees adopted by the Town Council to recover the Town's internal processing and administrative costs. The project applicant shall remain responsible for paying the cost of any outside consultants or other costs incurred by the Town in connection with the processing of the project application. Such outside costs include, without limitation, the cost of retaining plan-checkers and environmental consultants. S:\adanjorthlResoslFee Waiver policy.200f.doc 2 . ,r-., , . . . PASSED AND ADOPTED at a regular meeting of the Town Council of the Town ofTiburon on June 6,2001, by the following vote: AYES: COUNCIL MEMBERS: Bach, Gram, Matthews, SlaVitz, Thompson NOES: COUNCIL MEMBERS: None A~. .~ DI CRANEIACDPI, TOWN CLERK s: ladanforth \Resos IF ee Waiver policy. 200 l.doe .~~ ANDREW THOMPSON, YOR' TOWN OF TIBURON 3 .~' '7 !t~) ~..' . . . Town of Tiburon STAFF REPORT ~ AGENDA ITEM TO: Mayor and Members of the Town Council FROM: Alex D. McIntyre, Town Manager ~ SUBJECT: Downtown Public Art Project MEETING DATE: November 5, 2003 At its last meeting, the Town Council heard a report by the Dave Gotz, Chair of the Heritage and Arts Commission on the status of the downtown art project. Chair Gotz forwarded a recommendation by the Commission to cancel the art project due to a lack of sufficient funding to acquire and install the proposed art piece. It was further recommended that the Town refund those parties that have donated funds to establish the project. Upon hearing the information, the Town Council directed staff to develop some ideas on the downtown public art campaign. The Town received a total of $59,498.65 in private donations for the downtown art project with individual donations ranging from $50 up to $20,000. The Town Council also dedicated $20,000 of Town funds towards the project. Procedurally, the Town should offer to the original donors the opportunity to receive a full refund on their donations. However, in the same letter, the donors may be interested in funding a well thought out fountain project. It has been suggested that there is still a strong desire to establish some type of monument in the plaza area where the original art piece was to be installed. The lack of a water-specific element in the proposed art piece seems to have been a major factor in the desirability of the art piece. The Town Council might want to consider resuscitating the downtown art project by specifically requesting a fountain be installed in the plaza. The Town Council would need to develop criteria for siting a fountain in the plaza area. Given the recent history with the formation of a separate committee charged with developing such criteria for the recent project, the Council should resist the notion of using this type of committee again and instead, maintain responsibility for development and ultimate selection of any final monument/fountain. However, such a process for developing criteria should include considerable outreach to the Town's boards and commissions as well as the general public. Similarly, staff would need to be consulted on issues related to financing and contractual issues, plumbing and ongoing maintenance of a proposed fountain. Recommendation It is recommended that the Town Council consider resuscitating a monument in the downtown plaza area. Further, the Council should authorize staff to send letters offering the original donors the opportunity to receive a full refund. ,1 .() Totals Tiburon Foundation Belvedere Community Foundation A. Hooker The Rayner Foundation Harold Parker Properties Chara Schreyer John & Mary Doherty James & Jean Dietz Peter & Andrea Morgan Donovan Thayer Harry Matthews City of Belvedere (Golf Tournament) Donna & Sylvan Kline Heritage & Arts Commission David & Victoria Stollmeyer The Greene Revoc. Trust Polly Osborne Smith Mary J. Lang Maier Family Foundation Maier Family Foundation . William/Gretchen Kimball Hazen Isacson . 11/20/2002 11/20/2002 11/20/2002 1/7/2003 1/23/2003 $ Paid to Tiburon Foundation - 1/02 (not Received by Town as of 5/6/03) 5/7/2003 4/21/2003 5/6/2003 5/27/2003 6/23/2003 7/14/2003 7/14/2003 In memory of??? 7/28/2003 In memory of Lars Langskiold $ 59,498.65 5/2/2002 5/2/2002 8/30/2002 9/5/2002 1 0/30/2002 10/30/2002 10/30/2002 11/13/2002 . Doner Contribution Date Deposited . . . Town of Tiburon STAFF REPORT AGENDA ITEM , TO: MAYOR AND MEMBERS OF TOWN COUNCIL DANIEL M. WATROUS, PLANNING MANAGER 81 EAST VIEW AVENUE REQUEST FOR CONTINUANCE FOR APPEAL OF DESIGN REVIEW BOARD DECISION TO DENY A SITE PLAN AND ARCHITECTURAL REVIEW APPLICATION FOR THE CONSTRUCTION OF ADDITIONS TO AN EXISTING SINGLE-FAMILY DWELLING, WITH A FLOOR AREA EXCEPTION FROM: SUBJECT: . MEETING DATE: NOVEMBER 5, 2003 REVIEWED BY: BACKGROUND An appeal has been filed by the applicant of a Design Review Board decision to deny a Site Plan and Architectural Review application for the construction of additions to an existing single- family dwelling on property located at 81 East View Avenue, with a Floor Area Exception. The applicant has now requested that the scheduled hearing for this appeal be continued to the November 19, 2003 Town Council meeting. The request for a continuance is consistent with the Town's policy on appeals, and Staff supports this request. RECOMMENDATION That the Town Council continue the hearing on this appeal to the November 19, 2003 Council meeting. .- . I ., ..../9L-L'-~/, .;. ~/fo ~(/ti,. \f .;~ .~,'- l~":'::;:~ ~\~ %=~~,'~ ('...;~-"-~/~" ;.<'6'<~//" .~ J?"',,,,-n~(,' ". I .