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HomeMy WebLinkAboutTC Agd Pkt 2004-01-07 : \' f .~ TOWN OF TIBURON Town Council Chambers 1505 Tiburon Boulevard Tiburon, CA 94920 January 7,2004 jb! 21;#- 6:00 PM - Closed Session 6:30 PM - Interviews 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 wili enable the Town to make reasonable arrangements to ensure accessibility to this meeting. . AVAilABILITY OF INFORMATION Copies of ail agenda reports and supporting data are available for viewing and inspection at Town Hail and at the Belvedere- Tiburon Library iocated adjacent to Town Hail. Agendas and minutes are posted on the Town's website, wwwltiburonloralaovernment. Upon request, the Town wiil provide written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request. including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you chailenge any proposed action(s) in court, you may be limited to raising only those issues you or someone eise. raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear ail 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 " January. 7,2004 Page 2 of 3 " AGENDA CLOSED SESSION Pursuant to California Government Code Sections 54950 et seq., the Town Council wili hoid a closed session. More specific information regarding this meeting is indicated below: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Section 54956.9(b)) Significant Exposure to Litigation: One Case INTERVIEWS . 6:30 p.m. - Jim Fraser . 6:45 p.m. - Bill Teiser . 6:55 p.m. - Jim Hermann . 7:05 p.m. - Mike Figour . 7:15 p.m. - John Kunzweiler CALL TO ORDER AND ROLL CALL Councilmember Gram, Councilmember Slavitz, Councilmember Smith, Vice Mayor Berger, Mayor Fredericks 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 and/or placed on a future Town CounCil meeting agenda. Please limit vour 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 Reguiar Agenda for separate discussion and consideration. Likewise, any item on the Reguiar 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 - November 19, 2003 2. Approval of Town Council Minutes - December 3, 2003 c)' r Agenda - Town Council Meeting January 7, 2004 Page 3 of 3 REGULAR AGENDA 3. Appointments to Town Boards, Commissions & Committees a) Appointments to Planning Commission - Two Vacancies b) Announcement of Pending Vacancies on Town Boards, Commissions & Committees c) Town Council Committee Liaison Appointments COUNCIL COMMITTEE AND COMMISSION REPORTS WRITTEN COMMUNICATIONS Town Council Weekly Digest - December 5, 2003 Town Council Weekly Digest - December 12, 2003 Town Council Weekly Digest - December 19, 2003 Town Council Weekly Digest - December 26, 2003 ADJOURNMENT - /n Memory of former Mayor & Councilmember, John Hoffmire UPCOMING MEETINGS & EVENTS January 21, 2004 - Regular Town Council Meeting January 28, 2004 - MCCMC (San Anselmo) January 29, 2004 - Town Council/Staff Retreat UPCOMING AGENDA ITEMS - Note: These items are tentative until they aDDear on the final aaenda. . Update Hourly Rate Schedule for Town Staff - (January 21) . Annual Development Fee Report and Five-Year Reporting on Housing In-Lieu Fees- (January 21) . Revised Alarm Permit Fee Schedule - (January 21) . Trestle Glen Bike Study Negative Declaration - (January 21) . Replacement of Ned's Way Bus Shelter - (January 21) . Proposed Jet Ski Ordinance - (January 21) . General Plan Open Space & Conservation Element - (February) . Proposed Hawthorne/Hilary Undergrounding District - (February) . Proposed Erosion and Siltation Control Ordinance . Proposed Drainage Impact Fee . Revised Road Impact Fee Schedule . Raccoon Lane Undergrounding Utilities District . Accept Storm Drain Project as Complete . Appeal of Planning Commission Decision to Deny an Application to Amend the Cypress Hollow Precise Development Pian to amend a building envelope at 65 Monterey Drive; Applicant/Appellant Eckhard Evers Dear Tiburon City Council Members. Please consider putling on the agenda [or the next meeting a resolution in support of Falun Gong which opposes thc Chinesc regime's perseeution of praetitioners in China, as well as of practitioners in the United States. This is important bccause when a country persecutes so many of its citizens (there are 100 million Falun Gong practitioners in China), it affecl~ the rest of the world. For example, I have a friend in the Bay Area who was physically assaulted by agents of the Chinese regime because he was practicing Falun Gong in San Francisco's Chinatown, and because he was known to be actively working on exposing the human rights abuses in China. Furthermore. an American citizen, Dr. Charles Lee, is currently being tortured in prison in China because he wenttherc last year to break through the media blockade and expose the genocidc. Sincc the persecution began in 1999, nearly 200 city councils, mayors, and other officials in California have written resolutions and proclamations in support of Falun Gong. I fccl that such things are important because when elected representativcs take an action that upholds justice, it also retlccts positively on their community as a whole. In thc packet is a sample resolution which the City of Tiburon may wish to use as a template, and which is similar to other cities' resolutions. Also included are a copy of Compassion Quarterly. a magazine which reports on Falun Dafa around the world; a resolution from the Marin County Human Righl~ Commission; and a copy of US Housc Concurrent Resolution 304. which condemns the persecution and demands that our US govcrnment take action to protect our citizens and elected officials from harassment. Please feel free to contact us with any questions. Sincerely, Adam Leining 163 I Clement Street San Francisco, CA 94 I 21 (415) 279-4407 Mall Gnaizda 12 Underhill Rd Mill Valley, CA 94941 (4 I 5) 388-6128 ~c cL;J TC r/~. 1~..1/(H City of Tiburon Resolution in Support of Falun Gong Whereas Falun Gong, also called Falun Dafa, is widely recognized as a practice that promotes better health and moral living that results in individual improvement, and in turn improves communities as a whole; Whereas Falun Gong, introduced by Mr. Li Hongzhi in 1992, is a self-improvement qigong practicc rootcd in ancicnt Chinese culture and consists of five gentle meditation exercises; Whereas the principles comprising the core of Falun Gong - Truthfulness, Compassion and Forbearance - are important principles for all mankind to follow; Whereas living by these principles results in a pure heart, a balanced mind and an energized body that manifests itself in health and happiness, and empowers people to leave behind bad habits, families to live in peace together, and communities to embrace what is virtuous and lifc affirming; Whereas Falun Gong welcomes people from all walks of life, and has crossed national and cultural barriers to touch human hearts and improve lives everywhere; Whereas under the orders offonner Chinese leader Jiang Zemin, the Chinese governmcnt has been conducting a campaign of persecution and genocide against Falun Gong practitioners in China; Whereas this campaign has spread to the lives of practitioners in America, where crimcs of burglary, assault, car bombings, and slander in the media that indorsc hate are orchestrated by the Chinese government towards American practitioners; Whereas Dr. Charles Lee is an American citizen currently being tortured in Nanjing, China because he is a Falun Gong practitioner; Whereas Congresswoman Lynn Woolsey and the Marin County Human Rights Commission have repeatedly spoken out against the Chinese government's persecution ofFalun Gong practitioners both in America and in China; Whereas Freedom of Belief should be supported as a basic human right and the cornerstone of all American policy; Now, thel'efore, be it resolved that in support of justice and harmony it is the feeling of the Tiburon City Council that: 1. we condemn the persecution ofFalun Gong practitioners in America and in China; 2. we ask for the freedom of Dr. Charles Lee; and 3. we support US House Concurrent Resolution 304. which condemns the persecution Falun Gong and demands that our US government take action to protect our citizens and elected officials from harassment by agents of the Chinese government. MARIN COUN1Y HUMAN RIGHTS COMMISSION RESOLUTION ON FALUN GONG AND ITS PRACTITIONERS Whereas, Falun Gong is a peaceful and deeply spiritual form of personal belief and practice with many of the practitioners in the County of Marin and throughout the United States of America and the world: and Whereas, practitioners of Falun Gong have conducted peaceful and meditative demonstrations in many places in the United States including the San Francisco Bay Area: and Whereas, Chinese consular officials have pressured local elected officials in the United States to refuse or withdraw support for the Falun Gong spiritual movement; and Whereas, the Marin County Human Rights Commission firmly believes in upholding a citizen's First Amendment right to freedom, personal belief and practice, expression, and assembly; and Whereas, the Marin County Human Rights Commission also firmly believes in upholding every citizen's fundamental right to practice and pursue their belief system in a peaceful and law abiding manner; Now Therefore Be It Resolved, the Marin County Human Rights Commission urges the Government of the People's Republic of China to immediately stop interfering with the exercise of spiritual beliefs and political freedoms within the United States, such as the right to practice Falun Gong, that are guaranteed by the Constitution of the United States: and Be It Further Resolved, that the Commission urges the Government of the People's Republic of China to cease using its diplomatic missions in the United States to spread misinformation about the nature of Falun Gong: and Be It Further Resolved, that the Commission urges the Attorney General of the United States to fully investigate reports that Chinese consular officials have committed illegal acts while attempting to intimidate or inappropriately influence Falun Gong practitioners or local elected officials, and, in consultation with the Secretary of State, determine an appropriate legal response; and Be It Further Resolved, that the Marin County Human Rights Commission extends respect and protection of the free beliefs and peaceful activities of Falun Gong practitioners: Adopted, the Marin County Human Rights Commission on the 14th day of January, two thousand and three. George Pegelow Commission Chair 108th CONGRESS 1 st Session H. CON. RES. 304 Expressing the sense of Congress regarding oppression by the Government of the People's Republic of China of Falun Gong in the United States and in China. IN THE HOUSE OF REPRESENTATIVES October 16, 2003 Ms. ROS-LEHTINEN (for herself and Ms. WOOLSEY) submitted the following concurrent resolution; which was referred to the Committee on International Relations, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned CONCURRENT RESOLUTION Expressing the sense of Congress regarding oppression by the Government of the People's Republic of China of Falun Gong in the United States and in China. Whereas Falun Gong is a peaceful spiritual movement that originated in the People's Republic of China but has grown in popularity worldwide and is now accepted and practiced by thousands in the United States; Whereas demonstrations by Falun Gong practitioners in the People's Republic of China and the United States have been peaceful, meditative sessions; Whereas the Constitution of the People's Republic of China provides to the citizens of that country freedom of speech, assembly, association, and religious belief; Whereas members of the Falun Gong spiritual movement, members of Chinese pro-democracy groups, and advocates of human. rights reform in the People's Republic of China have been harassed, libeled, imprisoned, and beaten for demonstrating peacefully inside that country; Whereas the Chinese Government has also attempted to silence the Falun Gong movement and Chinese prodemocracy groups inside the United States; Whereas on June 12, 2003, 38 Members of Congress filed an Amended Brief of Amicus Curiae in support of the Falun Gong at the United States District Court, Northeastern District of Illinois, Eastern Division; Whereas Chinese consular officials have pressured local elected officials in the United States to refuse or withdraw support for the Falun Gong spiritual group; Whereas Dr. Charles Lee, a United States citizen, has reportedly been mentally and physically tortured since being detained by Chinese authorities in early 2003; Whereas the apartment of Ms. Gail Rachlin, the Falun Gong spokeswoman in the United States, has been broken into 5 times by agents of the Chinese regime since the regime banned Falun Gong in 1999 in China; Whereas over the past 5 years China's diplomatic corps has been actively involved in harassing and persecuting Falun Gong practitioners in the United States; Whereas on June 23, 2003, Falun Gong practitioners were attacked outside a Chinese restaurant in New York City by local United States-based individuals with reported ties to the Chinese Government; ." \1 . . . Diane Crane lacopi Town Clerk' Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 Dear Diane, _@.~ ~ ~~~_~,_~'i ~ NOV - 4 2003 ~j TOWN CLEi,K TOWN OF TIBURO~' November 3, 2003 Enclosed is my application for (possible) upcoming openings on The Planning Commission and / or The Design Review Board. I have also'enclosed a recent copy of my CV. Please advise me of any" next steps". Many thanks. ely, ~\ 98 Main Street, #552 Tiburon, CA 94920 . . . TOWN OF T\BURON COMMISSION. BOARD & COMMITTEE APPLICATION The Town Council considers appointments to various Town commissions, boards and commi.ttees throughout the year due to term expirations and IInfor.eseen vacancies. In an effort to broaden participation by local residents in TiburooDs governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. 1)lc8s(' indicate your specific areas of interest and special skills OJ" experience. which would be beneficial to the Town, by completing hoth sides of this form and returning it to Town Hall. The application form can also be foulld 011 the Towu's website, www.tiburon.ore/f!ovemment. Copies of the application will be forwarded to the Town Conncil and an informal interview will be scheduled when a vacancy occnrs. Yonr application will remain on file at Town naIl for a period ofone(l) year. Thauk you for your willingness to serve the Tiburon community. Diane Crane I.copi Town Clerk . . . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * AREAS OF INTEREST Please Indicate Yonr Area(s) of Interest in Nnmerical Order (#1 Being the Greatest Interest) x X PLANNING _PARKS & OPEN SPACE DESIGN REVIEW _RECREATION HERITAGE & ARTS _DISASTER PREPAREDNESS LIBRARY _MARIN COMMISSION ON AGING BICYCLE/PEDESTRIAN ADVISORY COMMITTEE PERSONAL DATA On\y computer-generated or typewritten copy wiH be accepted~ Attach separate pages, including resumes and cover letters, if necessary. NAME: Jim Fraser MAILING ADDRESS: 98 Main Street, # 552 Residence: 1786 Vistazo West TELEPHONE: Home: 435-5865 Work: 925-3278 Fax No. 435-3902 jfraser@,sonic..net e-mail address:, PROPERTY OWN~:RS ASSOC. (If applicable) Old Tiburon Homeowners Association TlBURON RESIDENT: (Vears) 22 DATE SUBMITTED: 10/25/03 , REASONS FOR SELECTING YOUR AREAS OF INTEREST As a long-term resident of Tiburon, my family and I have enjoyed the heritage, community atmosphere, small town character, comfort and uniqueness ofTiburon. Towns such as Tiburon just don't appear~ folks (community members) get involved and work together to craft a road map for the future, .i. e., a General Plan. Tiburon's forefathers did a great job in guiding the Town of Tiburon to where it is today; my desire is to contribute and help The Town of Tihuron preserve our town's heritage and character, while at the same time adapting and incorporating into the town's future those elements and changes needed for our evolving citizenship and surrounding community. APPLICABLE OUALlFICATIONS AND EXPERIENCE Community involvement has always been a part of my life. Prior to moving to northern California, I volunteered as a reserve sheriff with the Orange County Sherifls Department. Professionally, at Levi Strauss & Co" I volunteered and or led local community involvement efforts in America as well as in Asia. As a resident of Tiburon, I am an appointed commissioner with the POSC, a member of the town's Bicycle & Pedestrian Advisory Committee and I was an appointed member of The Skate Park Task Force, I believe that my collaborative and consenSUS building skills have (and will) continue to enable me to effectively participate in and / or lead cilorts on behalf of the town's citizenship and The Town Council. _________________________________________'I.own Hall Use ------------------------------------------------ Date Application Received: Interview Date: Appointed to: (Commission, Board or Committee) (Date) Uate Term Expires: Leneth of Term: . ,)': dcranc: comm.app (2/02) . ;;F'rtifik:f .< ~,::,;,., ExperienCe ' . . Jim Fraser 98 Main Street Suite 552 Tiburon, Ca 94920 Phone: 415 - 254 - 0253 E-Mail: JFraser@sonic.net Jim Fraser An experienced and accomplished executive with a broad based domestic and international background in senior I general management. Hands on leadership experience with e-commerce I internet businesses and traditional brick & mortar businesses. Key leadership s1rengths in building brands, product development. sourcing, merchandising, marketing, sales, operations and distribu1ion. A leader of change wi1h a focus on effective asset and resource utilization. A successful track record of working in diverse cultural, economic and fast pace environments. . 1999 - 2000 . Senior Vice F'resident & Chief ODeratina Officer - Qdecor Online Responsible for Qdecor's business model development, strategy, implementation and & day to day leadership of the company Direct responsibility for Merchandising, Marketing, Business Development, & Operations Direct partner with CEO in all venture capital fund raising activities Reported to the CEO . 1997-1999 . CorDorate Senior Vice F'resident - Levi Strauss & Co. . Division F'resident - Levi Strauss Asia F'acific Leadership, strategy and P& L accountability for $400.0m + business, operating in 13 countries with 2000 + employees Autonomous and fully integrated business within Asia Pacific; two company owned manufacturing facilities, 14 contractors & 10 distribution centres Responsibie for Asian Customer Fulfilment Region (Asian production & sourcing business for Levi Strauss & Co., producing 32.0m units) , Member of Levi Strauss & Co.'s Global Leadership Team; responsibilities included setting the vision & strategy for the overall corporation, with additional focus on people and values Reported to the President I COO . . 1996 -1997 . General Manaaer - Levi Strauss Jaoan Selected to lead the Asia's largest business unit (Levi Strauss Japan K.K., a public company with 17 % minority interest) Accountability for leadership, strategy and performance for a $300.0m + . business, 250 employees Multiple branded business; Levi's Jeans & Dockers Pants Initiated business tum around through a brand management strategy, featuring a relaunch of the Levi's brand, including products, marketing and in-store retail concept shops Retumed business to on plan performance Reported to the President of Asia Pacific . . 1994 -1996 . General Manager - Levi Strauss Australia I New Zealand Full line responsibility for leadership, strategy & performance of two key affiliates within Asia Pacific $ 60.0m + revenue, 150 employees Facilitated the successful integration of Australia I New Zealand affiliates Reported to the President of Asia Pacific . 1991 -1994 . General Manaaer - Levi Strauss Australia Full line responsibility for leadership, strategy and performance $50.0m + revenue, 100 employees. Repositioned the Levi's Jeans Brand into a multi channel strategic focus Created Levi's Jeans concept shops within country's largest department store and leading jeans store Fully integrated affiliate, including company owned production facility Co - leader of division wide re - engineering initiative Reported to the President of Asia Pacific . 2 - EdUi:atibh& . Leadership ,.,',.."" :,.. . ............'.' ,".' dOmmunity,. In~~rnent Ilnle..... . . 1988-1991 . Vice President - Marketina & Operations - Levi's I Dockers Shirts Division USA . 1982 -1988 . Vice President National Sales Manaaer - Levi's Shirts Division - USA . 1973-1988 . Reaionall District and Direct Sales responsibilities for various regions and territories throughout America . 1998 - China Eurooean International Business School - Beiiina. China .China From The Inside" . 1973 - 1995 - Companv sponsored continuous education courses: sales, finance and executive leadership . 1972 - University of Southern California - Bachelor of Science, Marketing & Sales Management . 1980 -1999 - Leadership Faculty for Levi Strauss & Co.'s Core Curriculum Competency Training: . Leadership . Diversity . Ethics . City of Tiburon, CA o Chairman I Commissioner - Parks & Open Space Commission o Member - Skatepark Task Force o Member - Bicycle and Pedestrian Safety Committee . University of Southern California - Cardinal & Gold Association . Olympic Club - San Francisco, CA. . Manly Golf Club - Manly, Australia 3 Date Term Expires: . S:dcrane:comm.app (12/01) .' ,J) [G _._~._-,.,._..,.~,- --- . . ( ( . PERSONAL DATA Only computer-generated or typewritten copy will be accepted; Attach separate pages, including resumes and cover letters, if rieces'sill-Y, NAME: LVI/1M L , .,- (/L{~~ , MAILING ADDRESS: I Z-'Z- ~ 1-+/ L-L C-c e- ("' { ~ TELEPHONE: Home: "f'3.:,----'fB>z.work: ~ CL Fax No. t/5o -7'1 )--5't':>'G 7 PROPERTY OWNERS' ASSOC. (If applicable) H~(Z-LL-4- iOe.Jj0!'\--oM 11-."::. TIimRONRESIDENT: (Years) 2.<1 DATE SUBMITTED: /C?~? k ~ , REASONS FOR SELECTING YOUR AREAS OF INTEREST e-Dr0c-~ r::."2-0fL- hff7rJJ /YI-I rO/ ~(_ c./"'/iV'--:fr:e~~L tJF 116 c.JI"-O~ ~u ~CDo!J ~/...o ~ {}:J pG-.-J -S?-rf-'2---f2- ?rL-~6U2-vM/ovCJ APPLICABLE QUALIFICATIONS. AND EXPERIENCE ~-, ;0 ut? rV 0 P 7( 6 L'J/l-D 0 D r.?-B .- g, (!) v:~s o~ (~{;,/,D ~~~ (r),os/oZoC-//o,0 ~ 'D. ;Pa...o')~ /(ff-<'-^,4-tbrZ./-r ~ .!J f ~ pfZt-.< ~ct. [AD t (?-T 6 k!Lt?--H--t'-;:f2.L c. CD (L 'P /0 ,t.~ gpc,/AD rz:....r--.t/.,;}G,. ~p~JZpc..et.. ?,o/ /__xCJA.J ~u C, It... ~ /f2...fYt--SLDfU2S7- D,c- /Z-07Y1 () iJ-I CL-L9 is .- p~( ?12-12-S,( 2)/b.:J" /'f---.D ~dA--9-cO~ 01.2.-.. rtoo :]/(" p,--g f2..12.,o1 r---fe;> A-- - ________________________________________ Town Hall Use ---------------------------------------------- Date Application Receive~. ! 0 k ~/03 C> 0 6' Appointed to: . (Commission, Board or Committee) . /-l-t V I Interview Date: (Date) Length of Term: Whereas 5 Falun Gong practitioners were assaulted outside of the Chinese Consulate in Chicago on September 7, 2001, while exercising their constitutionally protected rights to free speech, leading to battery convictions in Cook County Criminal Court of Jiming Zheng on November 13, 2002, and Yujun Weng on December 5, 2002, both assailants being members of a Chinese- American organization in Chicago, the Mid-USA Fujian Township Association, which maintains close ties with the Chinese Consulate; Whereas individuals that physically harassed Falun Gong practitioners in San Francisco on October 22, 2000, were later seen at anti-Falun Gong meetings and the Chinese Consulate in San Francisco; Whereas San Francisco City Supervisor Chris Daly, after receiving complaints that Chinese officials were intimidating his constituents, authored a resolution condemning human rights violations and persecution of Falun Gong members by the Chinese Government; Whereas Mr. Daly and the other members of the San Francisco City Council subsequently received a letter from the Chinese Consul General in San Francisco, claiming that Falun Gong was an 'evil cult' that was undermining the 'normal social order' in the People's Republic of China, and that Mr. Daly's resolution should therefore be rejected, which it subsequently was; Whereas in November 2000, the former Mayor of Saratoga, California, Stan Bogosian, issued a proclamation honoring the contributions of Falun Gong practitioners to the Saratoga community, which prompted the Chinese Consulate in San Francisco to write to Mr. Bogosian urging him to retract his support for local Falun Gong activities; Whereas many local and national media organizations have reported that other local officials across the United States, including the mayors of several major cities, have been pressured by Chinese consular officials to recant statements of support for the Falun Gong; Whereas journalists have cited fear of hurting trade relationships as the motivation for some local United States officials to recant their support for Falun Gong after receiving pressure from Chinese consular officials; and Whereas the Constitution of the United States guarantees freedom of religion, the right to assemble, and the right to speak freely, and the people ofthe United States strongly value protecting the ability of all people to live without fear and in accordance with their personal beliefs: Now, therefore, be it Resolved by the House of Representatives (the Senate concurring), That it is the sense of Congress that-- 1. the Government of the People's Republic of China should- (A) immediately stop interfering in the exercise of religious and political freedoms within the United States, such as the right to practice Falun Gong, that are guaranteed by the United States Constitution; (B) cease using the diplomatic missions in the United States to spread falsehoods about the nature of Falun Gong; (C) release from detention all prisoners of conscience, including practitioners of Falun Gong, who have been incarcerated in violation of their rights as expressed in the Constitution of the People's Republic of China; (D) immediately end the harassment, detention, physical abuse, and imprisonment of individuals who are exercising their legitimate rights to freedom of religion, including the practices of Falun Gong, freedom of expression, and freedom of association as stated in the Constitution of the People's Republic of China; and (E) demonstrate its willingness to abide by international standards of freedom of belief, expression, and association by ceasing to restrict those freedoms in the People's Republic of China; (2) the President should, in accordance with section 401 (a)(l)(B) of the International Religious Freedom Act of 1998 (22 U.S.C. 6401 (a)(l)(B)), and with the intention of dissuading the Chinese Government from attempting to stifle religious freedom in the People's Republic of China and the United States, take action such as- (A) issuing an official public demarche, a formal protest, to the Chinese Foreign Ministry in response to the repeated violations by the Chinese Government of basic human rights protected in international covenants to which the People's Republic of China is a signatory; and (B) working more closely with Chinese human rights activists to identify Chinese authorities who have been personally responsible for acts of violence and persecution in the People's Republic of China; (3) the Attorney General should investigate reports that Chinese consular officials in the United States have committed illegal acts while attempting to intimidate or inappropriately influence Falun Gong practitioners or local elected officials, and, in consultation with the Secretary of State, determine an appropriate legal response; and (4) officials of local governments in the United States should-- (A) in accordance with local statutes and procedures, recognize and support organizations and individuals that share the goals of all or part of the local community, including Falun Gong practitioners; and (B) report incidents of pressure or harassment by agents of the People's Republic of China to Members of Congress, the Attorney General, and the Secretary of State. . . . November 19,2003 DJ ~', i,i) I'; Ii IE \~\ nNOV 2;,0:,2003 ~ Tiburon Town Council 1505 Tiburon Boulevard Tiburon, CA 94920 ;;'.loc'" I :rOVV,N,c;LfiRK TrwiTOWN:OF:JII3~RON - " '. -" .: ~".J. .....1. Dear Council: As you know, I have previously applied for board positions on the Design Review Board and the Joint Recreation Committee. While I was not chosen for those positions, I still remain committed to becoming involved in the governing process of our town. The Planning Commission seat represents what I believe to be the best match of my qualifications and experience with the job at hand. . While the job of municipal planning will deal with. to some extent, different issues than my planning experience in the private sector, the process and the disciplines required to develop and execute are quite similar. 1 believe I have strong experience and skills in this area. But even more important, energy and leadership are the key ingredients to any successful plan development and execution. And I would say further that there are many great plans lying fallow because of a lack of energy and leadership in execution. I have seen this in many companies. It is my view that the Planning Commission should take on a more proactive role in proposing to the Town Council and subsequently leading the execution of plans. Hopefully, my background indicates that I can contribute substantially to that process with a high level of energy and strong leadership. 1 remain committed to contributing to our community. Thank you for your consideration of this application. Sincerely, (:"~:::/--~- - Jim Hermann 'Town"ofTiburon. ]505 Tiburon Boul~ard. Tiburon, CA 94920. P. 415.435.7373 F. 415.435.243R. www.tiburon.org . :"'i::' ,.",\. : .. ! ,; . ,:' ';" ,-.' ":('~ ~;: ",.; ,.', . ,~.. \ ;. :" '>.:" COMMIS81ON, BOARD'& COMMITTEE " .', APP-tIC A TI ON , : '~;n':, 't, The Town Council co.nsiders appointments to various Town commissions, boards ' and 'committees throughout the year. due to term expirations and unforeseen vacancies. In an effort to broaden participation by local residents in Tiburon's governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. ,-",: ,Please.;indicate];:your specific i,areas.'of ,interest, and special ,skills, or experience which would ,be, beneficial..to the Town, by ,completing, both sides oUhis form and ret~'rIiing it to 'town IIall.th~ applic~tionformcan ~Iso be found on the , . , . ',',' , ,,_' "',,:,. ,.: "...'. : ' . '" " I" , " . , _ ., '1 ' -'<" \ ~ , '. .. ' ";",". ,.-". , ,.' ' ., J ,: , Town'sWebsite; www.;tibu'ron.or!!/!i:iivernment:" " ' ",."., ,.."'" Copies of the application will be forwarded to the Town Council and an informal interview will be scheduled when a vacancy occurs. Your application will remain on file at Town Hall for a period of one (1) year. . 1 'Tha~k y~u for yo~r~illin~n~ss t~. ~~rv~ the Tib~~O"n~~o " ~~i~: ' .','. ."'.'"'-.''''''z..''~''' . " _', ,. l' .,,' I ..." , -" , '- /;' . '/; ~-(.' (;,( :", I 1 , " 'J;';. ,,,' , ' , ',;' " \ :J<f" ,. ' ",,,,:,,,, ::: ,"::" ' /".,' ,. ",,':, Diane Crane Iacopi '.v', , T own 'Cle~.k ,.; ,,' ; :. ',l ~ " (; .. '. -: 1 ; ; " '; ~:. ,- ./ " ; :' '; '; i..';',.:: -: ");' ; ,. " i .' " t " , . ,,":i. ,''':'(f ~ (: 'I ': :' :. :.' , .,." ::"';," '..' -' !", ~ :,', . ' , ..::: I:' , t,.,' . ", "" i '-, .... .' -; ',,., " '-J.J ;' I ,,'; J, t: . .0', ',' ".. > \ **' * *.*'* '*'*'*,*'** * **' *** * *,* *'* * *'*'* *"** "'.'" *'* *,'*** *.* "'''' , ; j , : ( :.; ( " ,",.. ;'";":( l ',:. ;:' , ' ,,,, c':": ':; ~ : " ~ :"'.1'01 (i .;, ".i ,:. to: i, ,.. I; ,< Please Indicate Your Area(s) of Interest in Numerical Order (#1 Being the Greatest Interest) / .3 'l.. PARKS & OPEN SPACE RECREATION DISASTER .PLANNING PLANNING DESIGN REVIEW BERIT AGE & ARTS LIBRARY BICYCLEIPEDESTRIAN ADVISORY COMMJTTEE . e e e PERSONAL DATA Only computer-generated or typewritten copy will be accepted; Attach separate pages. including resumes and cover letters, if necessary. Jim Hermann NAME: 52 Red Hill Circle, Tiburon, CA 94920 MAILING ADDRESS: 435-9484 TELEPHONE: Home: 435-4563 Fax No. Monterossa at Tiburon Work: PROPERTY OWNERS' ASSOC. (lfapplicable) 6 TIBURON RESIDENT: (Years) 11/20/03 DATE SUBMITTED: [ REASONS FOR SELECTING L Tlb -"", ~ M' of"" moot b.JJ?.lll'~~ lil~ !~Jili'\Hl, So'ld ,bori ""d ,""" . planaiag ar~ critkal t9 lIl.aiataiaing and improving thi~ W'O'..t community It;~ my ~in"pre hop~ that I can contrilNto;- to IIl.Y CQItlWIJnity hy applying my phnning ..ncllp>lclpr~hip ~kills tow:;ml that eud APPLICABLE QUALIFICATIONS AND EXPERIENCE I have een a a1 an, d General Manager, all primarily in me cumpUlel industty. III <lddiliull, I Imv\;; 1,,';\;;11" Di,ector ofSrrlllegic Planning as wdlllS CVIIJVlalt: Ph:ll1llillg Ml1"'l!;;l;;l [VI ti,l;; wvdd'" 1"'l;;I;;"l phl'ulll<lct:ulicl11 disLIibulivlI CVUlp<UIY, I i:lbv I,,:>VI;; "11 MBA, a real 'blate lic<:h&c, lu,d a secwilic;~ l;'-'Cill~v aud l-'l~~~llt1y wUlk IJ~J,", ~u Tlbu10n in the. in v cstnu:;,nt btl8incgg. I an'} Pre"idl;;11l of the Muntelossa lIonlco.vner's Assoeilttiefl., lIfl8 RIse 6ft the B61H'S ofDireetors of the Rotary Ch:tb ltlld the Chamber of Cetflffleree here ift TiBl:IfeR. Ha'iiRg Bl:Iilt my ewn home IlS ..dIlls fflllfta-gea the fl1lHllliRg preeess for majer serper-atioRs, I f@@lllBi"u~ly qualifies fer the TiB1:If8RplanBiRg eammissiea. ---------------------------------------------- Town Hall Use ------------------------------------------------- Date Application Received: Interview Date: 1-1--01 Appointed to: (Commission, Board or Committee) (Date) Date Term Expires: Length of Term: S:dcrane:comm.app (12/01) . . . .. 11'10'2003 10:44 4156931760 HOLMES CULLEY ~~~~u~~ ~ NOV 1 0 2003 ~ TOWN CLERK TOWN OF TIBlIRON iJ ~ Holme,Colley FA C S' M It E To:1/ IAN.E.. ~fl,A.,....Je..:rAC.of'1 Fax No: 4 ~c" - 2 4- '3-B Compony: ----rll?u<Ze>----.t --rt;V\(',.......t CLG.RJ< Project No: N. ^ . ----- From: ,Iv{,C.HAE':.L- -rlL'lo0R Date: I I \ I 0 \ 0 '3> Pages: "$ Subied: Ar1V'Loc~0'---' --rD. C;:<=, rz. v~ ~ /1,ot-lE A""7)2,.c:...H(;,r:;:=> 14 Nt! t.:..ffLIC.J.....'f7~....-r ~ '7.E:fZ.. \( b Ol-C> ,0-\(;; f7Lht-'N l.~ C, /'Y'l(V\,<,4,,,,,.-.!. ---(i'--lt$.......->I<=- 0 () U J:=:;O (00...z..WG.L.f". r PAGE mfB3 " o z ~ ~ ~ ~ z " ~ ~ ~ ~ " ~ ~ ~ > ~ z " z ~ ~ - ~ San F,ancisco Tel.phon.. ~156931600 FOl;5imil. ~156931760 Intern..; Address ~.holmeoctAlev_com 130 Sutlu Shut Svita "00 San Fronci,co CA 9 ~ 1 O~ USA Offic.! ,ft N..w Z.olond Australia .. 11/10/2003 10: 44 ~15&9317&0 HOLMES CULLEY t-'A\.:1~ t:JLft:J.j . Instructions and Application to Serve on a Town Board. Commission or Committee The Towo CouocD considen appointments to various Town boards, comDlissions and committees throughout the year due to term expirations and unforeseen vacancies. 10 an effort to broaden participation by 10c:a1 residents in Tiburon's governmental process and activities, tbe Council Deeds to know your interest in serving the Town io some capaclty. . Please indicate your specific areas ofiDterest aod special skills or experience which would be beoeticial to the Town, by completiog both pages oUbis form aDd returDing it to Town Hall, 1505 Tiburon Blvd, TihuroD CA 94920, or fax it to (415)435-2438. Copies of the applicatioD will be forwarded to the Town Council aDd aD informal interview wiD be scbeduled when a vacaney occurs. Your application wiD remaiD on file at Town Hall for a period of one (1) year. . ThaDk you for your willlngncss to serve the Tibnron community. Diane Crane lacopi Town Clerk .........**.****.................**.**...***... AREAS. OF INTEREST PIuoeludlc.e Your Ar..el) .rlm.....lln Numerical 0nIer (#1 -S tile GrntesllnleT'elt) #1 PLANNING # PARKS & OPEN SPACE # DESIGN REVIEW # RECREATION . HERITAGE & ARTS . DISASTER PREPAREDNESS , LIBRARY II MARIN COMMISSION ON AGING . BICYCLElPEDESTRIAN ADVISORY COMMITTEE 1 . ',11/10/2003 10: 44 4155931750 HDLME5 CULLt.y r,,",~1:- tJ.;:)ftJ.;:) . PERSONAL DATA Only computer-genemted or typewritten copy wilI be accepted; AlIlICh separate pages, including resumes and cover leltem. jf necessary. NAME: MicnaelPaul Figour MAILING ADDRESS: 2131 Vistazo East TELEPHONE: Home: 435-1134 Work: 693-1600 Fax No. 693-1760 PROPERTY OWNERS' ASSOC,' (Ifllppllcable)Lyford Cove- Old Tiburon TIBURON RESIDENT: (Y.....)30 DATE SUBMITfED: 11/08/03 REASONS FOR SELECTING YOUR AREAS QF INTEREST Desire to see orderly growth in Tiburon. APPLICABLE QUALIFICATIONS AND EXPERIENCE . Profes~ional Architectural and ?ngineering background. Past Boardmember Seadrift Homeowners Association, Stinson Beach Current Design Review ~oardmember, Tiburon Served on Skateboard.Park Task Force, Tiburon Town HaD Ule Interview Date: 1- 7-0 if Date AppUcation Received: Appointed to: (Commillllon, Board or Committee) (Date) Date Term Expires: Length of Term: 2 . . . . TOWN OF TIBURON APPLlCA nON FOR BOARD, COMMMISSION OR COMMITTEE Personal Data Name: John T. Kunzweiler Mailing Address: 16 Norman Way / Tiburon, CA 94920 Telephone: Home: 4157899580 Work: 4155375520 Fax: 4157899582 Property Owners' Assoc: Norman Way Home Owner's Association Tiburon Resident: 3.5 years Date Submitted: 11/20103 Reasons for Selectin2 Your Areas of Interest I'm interested in becoming a member of the Planning Commission for the following reasons: 1. I believe that thc proper planning and development of Tiburon is an absolutely key element of our quality of life and that of future generations of residents and visitors. We have to continue to strive to get it right. 2. The Planning Commission is responsible to strike a balance amongst some very important, complex and, at times, conflicting factors: a. The desires of the citizens of Tiburon, both individually and collectively b. The rights and responsibilities of property owners and developers c. The guidelines as set forth in the General Plan and other community documents d. The legal requirements, as set forth in CEQA and other legislative mandates e. The intentions, rights and responsibilities of both the County of Marin and the Town of Tiburon f. The interests of other community-based organizations 3. My involvement over the past 2 years on the proposed Tiburon Glen development proceedings have given me a very close, deep and extensive involvement in the processes of the Planning Commission. I have a good understanding of and respect for the Commission's responsibilities and challenges. 4. In the next few years, many of the remaining large parcels ofundevcloped land in Tiburon will be up for Planning Commission consideration. Frankly, I can see no better time to be involved with the Commission. 5. Of these remaining parcels, many are located along the Paradise Drive corridor. I have a deep commitment to this special area and have volunteered many hours working with local neighborhood groups to understand their interests and to motivate their participation in the planning process. . 6. Lastly, I've developed a strong appreciation for the complexity of the matters before the Planning Commission and what it takes to make decisions that are fair and defensible. 1 certainly have my own opinions and wishes for how Tiburon should be planned -I also however understand that the decisions made by the Commission arc greater than any individual's wishes and must fairly balance the many considerations 1 listed above. Applicable Qualifications and Experience . I. Knowledge of the Tiburon area. Through ORB, hiking and cycling, I know the area well. 2. Also through my involvement on the ORB, I am very familiar with our important reference documents, including the General Plan, zoning regulations, Hillside Guidelines etc. 3. Strong knowledge ofCEQA (I've actually read the Act!) and the EIR development and review process. I have over two years of hands-on experience gained through my involvement with the Tiburon Glen development application. 4. I understand the procedures and protocols ofthe Planning Commission having spent hours in the Commission chambers, delivering many presentations and working with the Commissioners and Staff. 5. 1 havc a deep apprcciation for the role oflegal, environmental, traffic etc consultants -I've hired them and worked with them closely over the past two years. I understand their role and contribution to the process. 6. I understand and believe in the iterative Planning and EIR process. Initially it can seem arcanc and frustrating. But 1 understand how it delivers fair outcomes and balances the interests of diverse parties. 7. I'm a reasonably quick study and familiar with planning content and terminology, thus able to effectively digest volumes of information (e.g. EIR's). 8. I'm an independent thinker -in my day job 1 have years of experience dealing with complex subjects & negotiations where there are strong (and smart) opposing viewpoints. I believe that "good" decisions must be lair, transparent, defensible and enduring. 9. I'm also a critical thinker --I a~k a lot of questions. I seek to understand things in a simple/clear light. I challenge assumptions and try to see issues from many angles. I expect clarity, honesty and logic in matters I confront in my business. I'd expect the same on the Planning Commission. The Decisions made by the Planning Commission will impact our community for years to come. I am very interested to serve as a member of the Planning Commission. There will be some very tough decisions ahead. I do believe I have the motivation, skills and commitment to serve Tiburon well in this role. . Thanks e . . ------'"--~' - ! / / Ui "? , ,/ -r-'. '. ttA ,;(/c). ! TOWN'COUNCIL MINUTES CALL TO ORDER Mayor SlaVitz/s:aHe(rifie~e~ia?~:~'e,.' g'"ofthe Tiburon Town Council to order at 7:30 p.m. on Wednesd~y, November 19, 2003, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, Cal\fornia. '" . , '~..,' ,;........--. . ROLLCALL' "--~---- PRESENT: COUNCILMEMBERS: Berger, Fredericks, Slavitz, Thompson Gram (8:15 p.m.) 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 lacopi ORAL COMMUNICATIONS None. CONSENT CALENDAR I. Approval of Town Council Minutes - November 5,2003 2. Recommendation by Director of Administrative Services - Accept Town Investment Summary for September 2003 3. Recommendation by Director of Administrative Services - Reallocate General Fund Reserves for Fiscal Year Ending June 30, 2003 4. Report by Director of Administrative Services - Results of Town Revenue Audits 5. Recommendation by Planning Manager - Accept Annual General Plan Status Report for FY 2002-2003 6. Recommendation by Director of Public Worksffown Engineer - Authorize Budget Amendment for Repairs to Path at Cypress Hollow Park Town Council Minutes # 2/-2003 November 19,2003 Page 1 7. Recommendation by Director of Public Worksrrown Engineer - Enhanced Regional . Funding for Local Streets a) A Resolution of the Town Council of the Town of Tiburon Supporting Enhanced Reb>ional Funding for Maintenance of Local Streets and Roads 8. Recommendation by Director of Public Worksrrown Engineer - Renewal of Engineering Design Services Ab'Teement (Hams & Associates) 9. Recommendation by Town Manager - Closure of Town Hall to the General Public on Friday, January 2, 2004 10. Recommendation by Town Manager - Celebration of Town' s 40tl' Anniversilry of Incorporation and $15,000 Budget Amendment II. Recommendation by Chief of Police - Request by Chamber of Commerce for Special Event Permit and Street Closure on December 6, 2003 (Festival of Trees) 12. Recommendation by Mayor - Recognition of Outgoing Bel Aire Principal Wanny Hersey a) A Resolution of the Town Council of the Town ofTiburon Recognizing Wanny Hersey for her Seven Years of Dedicated Service as Principal of Bel Aire School . MOTION: Moved: Vote: To adopt Consent Calendar Item Nos. 1-]2, above. Thompson, seconded by Fredericks AYES: Unanimous ABSENT: Gram REGULAR AGENDA 13. Recommendation by Town Manager - Marin County Tourism Business Improvement District Town Manager Mcintyre said that at its October] 5, 2003 meeting, the Council had granted the Tiburon Peninsula Chamber of Commerce's request for further study of the proposed Marin County Business Improvement District's (BID) business plan and operating budget. He said that upon further study, the Chamber now recommended that the Town not join the BID and instead, they had suggested that an affiliation with other cities and towns in Southern Marin and/or San Francisco for the purpose of promoting tourism in this area might be a better use of funds. . , Town Council Minutes # 2 J -2()()3 November /9, 2003 Page 2 . . . . Mr. McIntyre said that while the Tiburon Lodge had previously taken a neutral position on the matter, it had now informed the Town in writing that it was opposed to joining the BID. He said the Lodge represented 50% of the businesses [one of two hotels] in Town that would levy the extra I % tax which would fund the BID. Based on:prior year's hotel occupancy in Tiburon, that tax would total approximately $35,000 per year. In response to a questio'n from Councilmember Thompson, the Town Manager said that State Law prohibited the Town from j6ining the special assessment district if written protests were received from businesses in the proposed area that would pay 50% or more of the proposed assessment: However, he said that this formula must be applied to the entire district, not just the Town. Mayor Slavitz asked whether the BID had provided a more detailed budget proposal as discussed in the previous meeting. Mr. Mcintyre said that he had not received anYthing other than the draft budget. Mayor Slavitz opened the public hearing. Bill Blackburn, resident of San Rafael and member of the "transition committee" of the Marin County Tourism Business Improvement District, spoke on behalf of the proposed district. He said that he had been the General Manager of the Corte Madera Inn for the past 18 years and was also a formcr President and currcnt boardmember of the Corte Madera Chamber of Commerce. Mr. Blackburn said that the Marin County Tourism and Visitor's Bureau had been formed 10 years ago and was funded by the County. However, he said that the agency would sunset at the end of this year which would leave a vacuum in tourism promotion and that the BID was the least expensive way that the Town could continuc to promote the city under this scenario. Mr. Blackburn said that the assessed fee represented no cost to thc voting public, whereas an increase in the Transit Occupancy Tax would require a two-thirds vote. Mr. Blackburn said that the current bureau "did a great job," and listed the kinds of marketing and promotional techniques that would be provided by the BID. He said that the County Tourism and Visitor's Bureau budget was $100,000 per year, compared to the City of San Francisco's $15 million per year, and the City of Sonoma's tourism budget was $2.2 million. In response to a question from Mayor Slavitz, Mr. Blackburn said that 47% of the proposed district budget would be spent' on promotion and marketing, while the rest of the budget would be spent on operating expenses and salaries. He said the Board would be comprised of 17-21 Directors, with one representative appointed by each city and town (Novato and San Rafael would have two), and some at-large representatives. Town Council Minutes # 21-2003 November 19, 2003 Page 3 Councilmember Berger asked whether it would be possible to join the BID at a later date ifthc . Town chose not to enter the district at this time. Mr. Blackburn said that membership in the BID would be renewed annually, but that if its members opted out early or joined late, as suggested by Councilmember Berger, tbe district would be unable to realize its expectations. Councilmember Thompson asked how the at-large representatives would be chosen. Mr. Blackburn said that interested parties could contact the appointed representatives, as a starting point. 'Mayor SJavitz said that he thought 53% of the budget to be spent on overhead was too high, and he wondered how the success of the BID could be measured. Mr. Blackburn said that the BID would be able to demonstrate how the money was spent and that the County would conduct an annual audit. Jim Hermann, 52 Red Hill Circle, said that he had attended the meetings with the Chamber of Commerce and BID representatives, as well as a meeting with members of the Sausalito, Mill Valley and Tiburon Chambers. Mr. Hermann said that the question remained as to whether this [ioining the BID] was the best . thing for Tiburon; he said that he had concluded that it was not. He said that the lack of a complete marketing plan contributed to his thinking on the subject. Marielle Swenson, Manager of the Water's Edge Hotel, said that the Chamber's suggestion for a Southern Marin group that would promote tourism was a !;reat idea but a totally separate issue form the BID. She asked how the Town could turn down a J % increase in the hotel tax that would bring business to both the Town and the County as a whole. Mayor Slavitz closed the public hearing. Councilmember Thompson concurred with Ms. Swenson; he said that when he was Chair of the Marin Economic Commission in 1995, tourism promotion in the County was "anemic." He said that there was nothing to replace the current Convention and Visitor's Bureau and that the Town had nothing to lose by joining the BID at this time. He said that if it did not work out, the Chamber and other interested parties could form their own group. Vice Mayor Fredericks said that if local businesses and the Chamber did not think it would be a benefit to the Town, then the Council should not commit them to something that would be a !,'Teater benefit for the County as a whole. She recommended waiting until more information was developed and that there was consensus from local businesses before joining. Town Council Minutes # 2/-2()()3 Novemher 19. ]On3 Page 4 . . Councilmember Berger agreed. . . Mayor Slavitz said that while it was a laudable effort, the kind of detailed information requested by the Town had not been received. MOTION: Moved: Vote: To rescind its previous action and not join the Marin County BID at this time. Fredericks, seconded by Berger AYES: Berger, Fredericks, Gram, Slavitz NOES:, ';' Thompson . l4. Request by Mill Valley Refuse Service, Inc. - Revisit Single Stream Recycling Program Town Manager Mcintyre said that MVRS had asked for another opportunity to address the Council on the proposed program. Jim Iavarone, MVRS principal, said that upon further reflection, his company felt that it would have to incur considerable additional expenses if the color of the "blue" cans was changed to brown, at Council's request, and if Town residents were allowed to "opt in" to the delivery program rather than "opt out." In response to a question from Mayor Slavitz about creating an "opt out" program using 32- gallon cans, Mr. Iavarone stressed that their experience showed that the larger (64 gallon) can size actually encouraged recycling in other communities. He noted that the smaller cans would preclude the recycling of some materials, such as cardboard boxes. He said that the "opt out" program had been successful in communities such as Mill Valley. Vice Mayor Fredericks said that she had promoted the "opt in" program idea, was well as the . alternate can color, only because it seemed reasonable at the time and the company seemed amenable to the proposal. However, she said that she would be willing to consider going back to the original "opt out" program utilizing the blue can. Councilmember Berger concurred, noting that Mr. Iavarone's letter to the Town made it clear that the "opt in" program was not workable for the company. However, he said that he still preferred the brown cans because the blue cans were "too visually strong." Councilmember Thompson said he understood the "logistical nightmare" of implementing an "opt in" program and agreed that the original program was preferable. In addition, he said that blue was the international color for recycling and that if the goal of the recycling proh'fam was to "change behavior," then a standardized, universal color would be preferable. Councilmember Gram said that blue cans would be okay but noted that brown was also used in other cities throughout the country for recycling. Town Council Minutes # 21-2003 Novemher /9, 2003 Page 5 Mayor Slavitz agreed with the implementation of the "opt out" program for the 64-gallon cans, but hc askcd that MVRS give adequate notice to its Tiburon customers of their options to also receive a smaller, 32-gallon can or no can at all. . In addition, Slavitz recommended that the Town stay with a standardized blue can color. Mayor Slavitz also said he liked the MVRS offer to notify customers to remove their cans from the street if they were left out on non-pick-up days. MOTION: Moved: Vote: To implement the "opt out" single-stream recycling program. Berger, seconded by Fredericks AYES: Unanimous MOTION: Moved: Vote: To adopt a brown can versus bluc can prof,'fam for recycling. Berger, seconded by Fredericks AYES: Berger, Fredericks Gram NOES: Slavitz, Thompson PUBLIC HEARING 15. 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 Address: Appellant: AP Number: 81 East View Avenue Jeff Kai ser 60-105-51 Planning Manager Watrous gave the Staff report. He said the appellant, Mr. Kaiser, had requested a Floor Area Ratio exception in order to convert some unused space under the housc into a 245 square foot media room, which had been denied by the Design Review Board. Mr. Kaiser then appealed the action to the Council on the following four grounds: . Proportionality-the relativcly small size ilfthe home made the floor area increase seem large; . There would be no visual impacts on surrounding properties due to minimal exterior changes to the house; . The physical characteristics of the property and Corinthian island justify the application; . The proposed project would not result in intensification of use of the property. Mr. Watrous said the Board had addressed all of the above issues in its review of the project. In Town Council Minutes il 2J-2003 Novemher 19, 2()()3 Page () . . . . addition, Watrous said that substantial additions to this house were approved in 1997 under a previous Site Plan and Architectural Review application, which also included approval of variances for reduced front, side and rear yard setbacks, excess building height and excess lot coverage, as well as a floor area exception. He said the appellant's proposed project would convert a'previously approved crawl space within the existing volume of the house into living area (a media room) and would be adjacent to a previously approved guest bedroom and bathroom. The floor area ratio for a lot of this size would be 1,358 square feet, according to the Planning Manager, and the requested exception for the proposed addition would bring the total floor area to 2,369 square feet. He said that the Board had found that the proposed floor area would result in too large a house on too small of a lot which would intensifY the use of the property resulting in unwanted impacts on the surrounding Corinthian Island neighborhood, and had voted 4-0 to deny the application. In response to a question from Mayor Slavitz, Planning Ma!1ager.w atrous said that previous Design Review Boards had not concentrated as much on limiti'ng undeveloped crawl spaces that might later be converted into other uses. He said that rooms"With.eight-foot ceilings were not counted in the total floor area calculations. ' " "'" Mayor Slavitz opened the public hearing, Michael Heckmann, architect representing the appellant, said that the Board did not make an incorrect decision but instead did not have enough information on which to make its decision. Heckmann said that the project was started in 2000 by a previous owner/contractor who had alienated the neighbors. He said that Mr. Kaiser took over the project in December 2002 and it was now close to completion, and that the proposed addition would not delay the project in any way. Mr. Heckmann said that most of the neighbors supported the project, and that the addition of onc window in the new room would have no visual impact on the neighbors. In addition, he cited the steep small lots on Corinthian Island and said that it was increasingly common to enclose these kinds of spaces rather than hide them with lattice or other materials. Mr. Heckmann said that there were only two properties in the neighborhood that were under the allowed floor area ratio, and that seven properties had greater floor areas, with two almost double their FAR. He rejected the argument that the change would make the house "too large for the property," because the proposed room would not change the bulk and mass of the current approved plans for the house. The architect also raised the question of change of use by future owners, who might convert it Town Council MinUles # 2J-2003 November 19, 2003 Page 7 into a bedroom, for instance. He said that while this was a possibility, it was not the intent of the . current applicant. In addition, Mr. Heckmann said that the properties in the neighborhood had many limitations and there were not too many families living there for that reason. In conclusion, Heckmann said that this particular use resulted in virtually no change in floor area and would have no impact on the neighborhood. He said that it made more sense to utilize the space in this fashion and to have it be code compliant. For all of these reasons, he asked that the Council consider upholding the appeal. Mayor Slavitz closed the public hcaring. Vice Mavor Fredericks said that the Board had also been concerned about additional parkihg on - . the site, and she raised the question of whether two cars could actually fit into the existing garage. Mr. Heckmann said that the propcrty had three parking spaces and pointed them out on the drawings. Ms. Fredericks asked whether storage spaces were required by Code to have sprinkler systems, and whether there was a bathroom in the area being converted. The Vice Mayor also rejected the contention that smaller lots needed excessive floor area ratios . . in order to make them more livable. She said that Boardmembcr Figour had aptly pointed out that these standards changed over time and that Corinthian Island was not a good example of this argument. . Mayor Slavitz concurred with the Vice Mayor. However, he said his primary concern was not an intensification ofusc of the property but rather, the !,,'Tanting a floor area exception which would bc inconsistent with the Council's direction to the Board. Councilmember Berger, on the other hand, said that he concurred with the appellant's arguments. He said that 200 square feet was half the size of a garage and that the small lot size made it seem like a large increase, whieh it was not. Berger said that the addition of the room would not intensify the use, and that seeking approval for the room was the "right way to go," rather than trying to "bootleg it in" after the fact. The Councilmember also said that he had seen the evolution ofhouscs being built with enclosed crawl spaces rather than exposed "sticks" which were popular in the 70's. He suggested that the Town follow the City of Belvedere's lead in counting any space under a house over four feet high as floor area with the caveat that the rule apply to properties on steep slopes. Overall, Couneilmember Berger said that Corinthian Island was a special area and that the project "works for this neighborhood." Town Council Minutes # 21-2003 November 19,2003 Page (,' . . . . Vice Mayor Fredericks said that shc agreed that the proposed addition would have no visual impact but she said that it worried her that the room might eventually be changed into a bedroom. Ms. Fredericks said that a parking problem did exist on Corinthian Island. She said that a second crawl space.existed under the housc which might bc converted, as well, and that the existing variances had already created a lovcly house. Councilmember Gram' sided with Councilmember Berger's assessment of the uniqueness of the area and said that he would not approve such an application anywhere else in Tiburon. Councilmember Gram agreed with the Vice Mayor that the room would eventually be converted into a bedroom, but he said the neighborhood would not be affected visually and that the residents had learned to live with the parking constraints and other issues. Councilmember Thompson said that he had never denied an application for a crawl space conversion in almost 12 years on the Council. He said that it was better to be building it to Code cven though the room would almost certainly evolve into a bedroom in future. He said he did not think the parking issue was valid in this instance. Mayor Slavitz said he sympathized with the appellant's argwnents but stated that if the [original] . application had come before the Board today, a smaller house floor area would have been approved to avoid the crawl space conversion issue. He said that he would vote to deny the appcal for the sake of consistency. MOTION: Moved: Vote: To uphold the appeal. Berger, seconded by Thompson AYES: Berger, Gram, Thompson NOES: Fredericks, Slavitz ] 6. Recommendation by Town Manager - Animal Services Ordinance introduction and First Reading o.fOrdinance a) An Ordinance of the Town Council of the Town of Tiburon Repealing Chapter 20 (Animals and Fowl) of the Tiburon Town Code and Adopting a New Chapter 20 (Animals) of thc Tiburon Town Code Analyst Stott introduced the item and turned it over to Director of Community Development Anderson for further comment. Director Anderson said that there were a number of policy issues to be reviewed.by Council in adopting the provisions of the revised County ordinance, the first being the question of whether Town Council Minutes it 21-2()()] November 19, 2003 Page () lea~h laws should be enforced in certain public areas. . Anderson said that the Town's current ordinance identified specific areas where dogs were required to be on leash, such as the entire lenh>th of the Richardson Bay Lineal Park Multi-Use Path. He said that the County's ordinance required only "voice control" in public areas. He proposed incorporating the Town's current leash regulations into the new ordinance, with the addition of Zelinsky Park and the Railroad Marsh as areas requiring leashes for dogs. On the other hand, Anderson said that the Town's leash regulations pertaining to open space areas required "voice control" rather than leashes. He said that nothing would be h'featly gained by adopting the County's regulations which allow dogs to be off-leash in open space areas only on fire roads. He said that the Tiburon police received few complaints regardings dogs off leash in the open space areas and he recommended that the Town's regulations remain unchanged for open space areas. The second policy question in adopting the new ordinance pertained to definitions of large animals and barnyard animals. In particular, Anderson said that the Town's ordinances, including the Zoning Ordinance, should be updated to address such agricultural uses as bee- keeping and poultry. He said that the current Town ordinance did not regulate these uses and he recommended that residents be required to obtain a permit in future for such uses. Mayor Slavitz opened the item for Council discussion. Councilmember Berger and Vice Mayor Fredericks both raised issues concerning dogs off-leash . in the Old St. Hilary's open space area and the chasing of deer. Couneilmember Berger said that in his experience the effectiveness of "voice command" was non-existent. Director Anderson said that the prohibition against chasing deer was already included in the ordinance and that violators were subject to citation. However, he said that the open space area in question was not subject to further leash law regulation by the Town. Councilmember Berger commented that he would like to extend the leash laws into some of the . open space areas but agreed that they were not under the Town's jurisdiction. Vice Mayor Fredericks asked for a more clear definition of the area requiring leashes in South Knoll Park. Mayor Slavitz opened the public hearing. Deirdre MeCrohan, Ark Newspaper, asked if the new ordinance would require residents to obtain a use permit in order to keep chickens. Director Anderson replied that any such new uses would req uire a penn i 1. Mayor Slavitz closed the public hearing. Town Council Minutes # 21-2003 November 19, )003 Page ]0 . . MOTION: To read Ordinance by title only. Moved: Gram, seconded by Berger Vote: AYES: Unanimous . . Mayor Slavitz read, "An Ordinance of the Town Council of the Town of Tiburon repealing Chapter 20 (Animals and Fowl) ofthc Tiburon Town Code and adopting a new Chapter 20 (Animals) of the Tiburon Town Code." MOTION: To pass first reading of the above ordinance. Moved: Gram, seconded by Fredericks Vote: AYES: Berger, Fredericks, Gram, Slavitz, Thompson COUNCIL COMMITTEE AND COMMISSION REPORTS WRITTEN COMMUNICA nONS Town Council Weekly Digest - November 7, 2003 Town Council Weekly Digest - November] 4,2003 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Slavitz adjourned the meeting at 9:34 p.m., sine die. JEFF SLA VITZ, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council MinUles # 21-2003 November 19,2003 Page 11 , . . . -i- I -1-- / / /, /.1 ' / \..,. C ') L //~, .....J/' { ;' "" ,"'" TOWN COUNCIL MINUTES CALL TO ORDER Mayor Slavitz _9alledih~'r~~;;;'ineeijpg of the Tiburon Town Council to order at 7:30 p.m. on Wednesqay, December 3, 2003 ,~'piTown Council Chambers. 1505 Tiburon Boulevard, Tiburon, California. _----- .- '_~M__ _-" .-- 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, Police Lieutenant Hutton, Director of Administrative Services McVeigh, Administrative . & Financial Analyst Stott, Town Clerk Crane lacopi ORAL COMMUNICATIONS None. CONSENT CALENDAR Mayor Slavitz said that Item No.6 would be continued and he removed Item No. 10 from the agenda for discussion. I. Recommendation by Town Clerk - Certification of November 4,2003 Election Results a) A Resolution of the Town Council of the Town ofTiburon CertifYing the Results of the General Municipal Election Held in the Town of Tiburon on November 4, 2003 for the Purpose of Electing Two Town Councilmembcrs 2. Recommendation by Town Clerk - Adoption of ArumaI Town Appointments List 3, Recommendation by Director of Administrative Services - Update Town Signature Authority a) A Resolution of the Town Council of the Town of Tiburon Authorizing the Signing and Endorsing of Checks and Other Town Council Minutes # 22-2003 December 3, 2003 Page J , r.; Instruments of Payment and Access to Documents Retained in Safekeeping . 4. Recommendation by Director'of Administrative Services - Accept Town Audit Report for Fiscal Year EndingJune 30, 2003 5. Recommendation by Director of Administrative Services - Accept Town Investment Report for October 2003 6. Recommendation by Administrative & Financial and Analyst - Update Hourly Rate Schedule for Town Personnel . a) A Resolution of the Town Council of the Town ofTiburon Adopting a Revised Hourly Rate Schedule for Town ofTiburon Personnel 7. Recommendation by Planning Manager - Resolution Memorializing Council Action in the Appeal of Design Review Board Decision Pertaining to 81 East View Avenue' a) A Resolution of the Town Council of the Town of Tiburon Memorializing the Granting of an Appeal by Jeffrey Kaiser Of the Denial of Site Plan and Architectural Review for Property located at 81 East View Avenue . 8. Recommendation by Director of Public Worksrrown Engineer - Accept as Complete Fiscal Year 2003 Drainage Program 9. Recommendation by Director of Public Worksrrown Engineer - Authorize Budget Amendment a) Greenwood Beach Drainage Channel Restoration Project b) South of Knoll Playground Tile Program c) Public Works Corporation Yard Roof Repair 10. Recommendation by Town Manager - Interpretation of Management and Mid-, Management Compensation Resolutions 1 1, Recommendation by Mayor - Recognition of Outgoing Councilmember Thompson a) A Resolution of the Town Council of the Town ofTiburon Recognizing and Commending Andrew Thompson for His 12 Years of Service to the Town ofTiburon and The Tiburon Town Council Town Council Minutes # 22-2003 December 3, 2003 Page 2 . , . . . MOTION: Moved: Vote: To adopt Consent Calendar Item Nos. 1,2, 3, 4, 5, 7, 8, 9 and 11, above. Gram, seconded by Fredericks AYES: Unanimous Item No.1 0 - Recommendation by Town Manager -Interpretation of Management and Mid- Management Compensation Resolutions Town Manager Mclntyre said that the mechanism that would allow Town Staff to receive the pay raises and adjustments approved by the.Couneil in June 2003 on January 1, 2004 was the subject of some interpretation. Mcintyre said that the language contained in the budget resolutions stated that if the Town had "knowledge" of receipt of certain revenues as of December 1, 2003, it would implement these adjustments. He said that both he and the Town Attorney agreed that the language should be interpreted based on the fact of there was an adopted State budget as of December 1, 2003. He said that even though Governor Sehwarzenegger had repealed the Vehicle License Fee, he had promised to "back fill" the amount that would come to the cities. Mcintyre noted, however, that the Town had never "counted on" the VLF as a revenue stream in the current year's budget, and he asked that Council affirm the interpretation of the resolutions. as described above. He said that the net increase to the Town's budget was approximately $10,000. Couneilmember Gram said that he disagreed with the Town Manager's interpretation. He said that no one could say for sure thatthe VLF would be backfilled. However, he said that the Town was in good shape financially, with a sound budget, and that the Council should approve the raises for Staff. Couneilmember Berger agreed that it was difficult to know what would happen in the future but that the $ I 0,000 increase was an appropriate expenditure for the people who are responsible for the financial management and operations of the Town. Couneilmember Thompson concurred, noting that the Council had planned to exclude the VLF all along and that the Town was prudent to have 25% of its revenues in reserve. Mayor Fredericks a!,'Teed with all of the above comments. She said that using the possibility of a VLF back-fill was not a good rationale for proceeding with the recommended action but that the other reasons were. She also said that the Town would know the amount of property tax revenues it would receive within the next two weeks. MOTION: To uphold the Management /Mid-Management Compensation resolutions, as adopted (Consent Calendar Item No 10). Thompson, seconded by Berger AYES: Unanimous Moved: Vote: Town Council Minutes if 22~2(}(}3 December 3, 2003 Page 3 .' PUBLIC HEARING . 12. Recommendation by Town Manager - Adopt Animal Services Ordinance & Approve Fee Schedule Second Reading and Adoption ()(Ordinance a) An Ordinance of the Town Council of the Town ofTiburon Repealing Chapter 20 (Animals and Fowl) ofthe Tiburon . Town Code and Adopting a New Chapter 20 (Animals) of Thc Tiburon Town Code b) A Resolution of the Town Council of the Town ofTiburon Adopting a Fcc Schedule in Conjunction with Adoption of Chapter 20 (Animals) ofthe Town Code Director of Community Development Anderson said that the Council had held a public hearing and passed first reading of the ordinance on November ]9. He said that the change requested by Council at that meeting had been incoIllorated into the new ordinance. This included a revised description of the area where dogs arc to bc lcashed in the South Knoll Park (Section 20-2.175). Mayor Slavitz opened the public hearing. . Councilmember Berger posed the question of whether a prohibition against feeding pigeons and seagulls should be added to the ordinance. Director of Community DevelopmentAnderson replied that these types of animals were alrcady included in Section 20.2.226 which prohibits the feeding of "non-captive wild or undomesticated animals," Thcre being no further public comment, Mayor Slavitz closed the public hearing. MOTION: Moved: . Vote: To read ordinance by title only. Fredericks, seconded by Bergcr AYES: Unanimous Mayor Slavitz read, "An Ordinance of the Town Council ofthe Town of Tiburon repealing Chapter 20 (Animals and Fowl) of the Tiburon Town ofTiburon Town Code and adopting a new Chapter 20 (Anllnals) of the Tiburon Town Code." MOTION: Moved: Votc: To adopt new Animal Ordinance (Chapter 20). Fredericks, seconded by Gram AYES: Berger, Fredericks, Gram, Slavitz, Thompson Town Council Minutes # 22-2(J()] Decemher 3. ]00] Page 4 . . . . Financial Analyst Stott addressed the issue offees associated with implementation of the ordinance. He said that an updated fec schedule had been recommended by the Marin Humane Society and included a number of increases that would more accurately cover the costs of providing these mandated services to the cities and towns of Marin. Mr. Stott estimated that the new fee schedule would save the Town approximately $3,600 per year. MOTION: Moved: Vote: To adopt the resolution adopting a new fee schedule.. Fredericks, seconded by Thompson AYES: Unanimous REGULAR AGENDA 13. Report by Town Attorney - Status Report on MERA Litigation (no report attached) Town Attorney Danforth said that all ofthe parties had now filed their responses to MERA's appeal in the First District Court of Appeals and that a hearing would likely take place in March 2004. She also said that MERA was recruiting new legal counsel. Mary Ellen Wetlesen, ] 01 Mt. Tiburon Road, asked for a description of the legal basis ofthe Town's reply brief. Ms. Danforth said that in summary, the Town had continued to maintain its position that it had the sole authority to issue land use permits and that specifically, MERA had failed to exercise its right of appeal by not challenging the "stop work" order issued by the Town for construction [initiated by MERA] at the Mt. Tiburon site. Mayor Slavitz thanked Ms. Danforth and acknowledged her for her hard work and competency in this matter on behalf of the Town. Councilmember Gram asked the Town Manager and Town Attorney to continue to press MERA for an amount that it had spent litigating the matter to date. ' COUNCIL COMMITTEE AND COMMISSION REPORTS Town Manager Mclntyre said that Mayor Slavitz had scnt a lettcr to the Govcrnor asking that thc amount of the repealed VLF owed to the cities be "backfilled" by the State., Mayor Fredericks said that she had attended a meeting where Asscmblyman Joe Nation had askcd the question of where the State would get the moncy to do this. The Mayor said that she had suggested that it was "not the cities' problem," but rather a problem of other sources. Town Council Minutes # 22-2003 December 3, l003 Page .\ WRITTEN COMMUNICATIONS . Town Council Weekly Digest - November 21,2003 Town Council Weekly Digest - November 28,2003 Town Manager Mcintyre asked the Council to take note of a memo rrom the Town Engineer regarding some prototype light shields that had been installed on the street lights along Tiburon Boulevard in the downtown area. He asked for their comments. SPECIAL PRESENT A TION Mayor SJavitz presented Councilmember Thompson with the Council's resolution of commendation, along with certificates ofreco!,'11ition rrom Senator Barbara Boxer, Assemblywoman Lynn Woolsey, State Senator John Burton and State Assemblyman Joe Nation. TOWN COUNCIL COMMENTS Mayor Slavitz reflected on the years he had known the outbgoing Councilmember and their shared interest in local issues which.had gotten them both involved in local government. Councilmembers Gram, Berger and Fredericks also added their remarks. . Councilmember Thompson gave his farewell specch and thankcd his fellow Councilmembcrs, past and present, and Town Staff; for making his 12 years on the Council so memorablc. Thompson made several predictions for the future: I) that the trestle at Blackie's Pasture would be rebuilt as a bikeway; 2) that the old railroad tunnel would be re-opened to connect Tiburon to Corte Madera; 3) that a footbridge would bc built across the Railroad Marsh to connect the Tiburon Peninsula Club to downtown; 4) that local kids would all bc walking or biking to school; and 5) that the Martha Property would never get their application tiled or approved. He made .several other predictions, ineluding the likelihood that cities and towns would have increasing battles with thc State over [increased] housing densities. But he also envisioned that the MERA antenna would someday be located on Angel Island. Finally, Thompson introduced his extended family and thanked them for their support. ADMINISTRATION OF OATH TO COUNCILMEMBERS ELECT Town Clerk Cranc Iacopi administercd the oaths of office and presented the Certificates of Town Council Minutes # 22-2003 December 3, 2003 Page 6 . " . . . Election to Councilmembers Slavitz and Smith. SEATING OF THE NEW TOWN COUNCIL Councilmembers Slavitz and Smith took their seats at the dais. Slavitz commented upon his year as Mayor, which was followed by remarks from his fellow councilmembers who praised him for his "gracious spirit and genteel style." ELECTION OF MAYOR Outgoing Mayor Slavitz conducted the election. Councilmember Gram said that he would like to nominate his "friend and compatriot," Alice Fredericks. Mayor Slavitz said that he had "never seen anyone get involved so quickly on so . " many Issues. MOTION: Moved: Vote: To nominatc Alice Fredericks for Mayor. Gram, seconded by AYES: Unanimous ELECTION OF VICE MAYOR Mayor-elect Fredericks opened the floor to nominations. Councilmember Slavitz said that hc would like to nominate fellow Councilmember Berger, whom he described as "bright, humorous and competent." MOTION: Moved: Vote: To nominate Miles Berger for Vice Mayor. Slavitz, seconded by Gram AYES: Unanimous ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Fredericks adjourned the meeting at 8:25 p.m., in memory of Trudy Kleinert, wife of former Town Manager Bob Kleinert, and friend to many. The next regular mecting ofthc Town Council will bc held on January 7,2004. Town Council Minutes # 22-2003 December 3. 2003 Page 7 ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes # 22-2()()3 ALlCE FREDERICKS, MAYOR Decemher 3. ]003 . Page 8 " "' . . . . , . Town of Tiburon STAFF REPORT AGENDA ITEM ~ ,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . TO: MAYOR FREDERICKS AND MEMBERS OF THE TOWN COUNCIL SUBJECT: TOWN CLERK DIANE CRANE IACOPI APPOINTMENTS TO TOWN BOARDS, COMMISSIONS glTTEES January 7,2004 REVIEWED BY: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FROM: MEETING DATE: A) Current Vacancies on Town Boards. Commissions and Committees The two current vacancies on the Planning Commission are due to the resignation of Steve Stein in October and the election of Paul Smith to the Council in November. Interviews and appointments have been agendized for the January 7, 2004 regular meeting; copies of the letters of interest and applications are included in this packet from the following interested parties: . Jim Fraser . . Bill Teiser . Jim Hermann . Mike Figour . John Kunzweiier B) Announcement of Vacancies on Town Boards. Commission & Committees Pursuant to Town Council Resolution No. 3263 [Appointments Procedure]. the Town Council must announce a list of pending vacancies in the coming year at its first regular meeting of the year. The only two vacancies that require noticing pursuant to the above resolution are the pending vacancies on the Library Agency Board of Directors (Lynn Barr and Vickie Fong) and the Parks & Open Space Commission (Margot Zender). All the other commissioners whose terms are expiring in 2004 have served less than two years and are therefore exempt from the noticing and interview process. However. if any of the "short term" commissioners notify the Town that they do not seek reappointment. the Town will be required to notice the pending vacancies and conduct interviews of all interested parties prior to making any appointments to fill these vacancies. . Likewise. if the Council appoints a current seated commissioner or board member to fill a vacancy on the Planning Commission. for instance, the noticing procedure will also be invoked (see Town Clerk Memo dated December 5, 2003, attached). STAFF REPORT . , .~"".9f_,JI~'~f ". .- i~.3 ~i - ~\~~~/~ ("...;__.......~/Q.'O O'.~,'., .' "'IVIA.\~(,.' , . Town of Tiburon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C) Town Council Committee Liaison Appointments Town Councilmembers are appointed to serve on a variety of local, County-wide and State-wide committees. A current MCCMC Committee roster is attached for Council's reference, along with a copy of last year's liaison appointment list showing current vacancies following Andrew Thompson's departure. ACTION REQUIRED - January 7, 2004 . Appointment to fill Planning Commission Vacancies . Announcement of Pending Vacancies in 2004 on Town Boards, Commissions &. Committees . Town Council Committee Liaison Appointments EXHIBITS . Applications for Planning Commission [at front of binder] . Notice of Pending Vacancies - January 2004 . Memo from Town Clerk, dated December 5,2003 . MCCMC Committee Roster . List of Town Council Committee Appointments (2003) . . December 22, 201 page 2 of 2 . ; NOTICE OF PENDING VACANCIES ON TOWN BOARDS, COMMISSIONS & COMMITTEES BEL VEDERE- TIBURON LIBRARY AGENCY PARKS & OPEN SPACE COMMISSION As of January 2004 ******** The following vacancies on Town Boards, Commissions and Committees are pending in 2004. Pursuant to Resolution No. 3263, the Tiburon Town Council will conduct interviews of . interested applicants beginning in February 2004. If you have interviewed for.a position on a Town Board or Commission within the last year, your application may be considered for one of the vacancies. Commissioners whose terms are expiring may seek re-appointment for another term. Appointments arc made for filur-year terms, effective March 1,2004 (or in the case of the bylaws of the Belvedere-Tiburon Library Agency, terms commence on July 1,2004 and are of varying lengths). Applicants should be residents ofthe Town ofTiburon and have the time, interest and desirc to serve on the Board or Commission, including attendance at regular monthly meetings and other acti vi ti es. Application forms can be obtained at Town Hall, 1505 Tiburon Boulevard, or from the Town's website, www.tiburon.orglgovemment. Contact Town Clerk Diane Crane laeopi at 435-7377 for further infonnation. Deadline for receiot of aovlications: .Januarv 30. 2004 . . PENDING VACANCIES ON TOWN BOARDS. COMMISSIONS & COMMITTEES IN 2004 PARKS & OPEN SPACE COMMISSION- . Appointee Appointed Term Expires . Margo Zender 1992; 1996;2000 2/28/04 BELVEDERE-TIBURON LIBRARY AGENCY BOARD Appointee Appointed Term Expire". . Lynn Wellman Barr . Victoria Fong 1997; 1999;2000* May 2001 6/30/04 6/30/04 * No! e1igihle for appointment 10 another lenn *************** . Courte.\:v Copies 10: Board, Commission & Committee Members The Ark/ Marin Independent Journal Notice Posted at Tiburon Town Hall and Belvedere/Tihuron Library . Town of Tiburon . MEMORANDUM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TO: TOWN MANAGER ALEX MciNTYRE FROM: TOWN CLERK DIANE CRANE IACOPI SUBJECT: CURRENT AND PENDING VACANCIES ON TOWN BOARDS, COMMISSIONS & COMMITTEES - STATUS REPORT DA TE: December 5, 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Looking ahead to the New Year, I have reviewed the list of current and pending vacancies on Town Boards, Commission and Committees. As you know, there are currently two vacancies on the Town's Planning Commission due to the resignation of Steve Stein and the eleclion of Paul Smith to the Town Council. Five (5) applications have been received from interested parties (four of which are current commissioners and one is a previous applicant). . In addition, an interesting phenomenon has occurred that may help streamline this entire appointment process in the New Year. Let me explain. At the first regular meeting of the calendar year, the Mayor is required to publicly announce the upcoming vacancies on Town boards and commissions in the coming year. The notice is then published and posted in all the usual places and a deadline for receipt of applications is set. The Town Clerk schedules interviews for the Council of any and all interested applicants who apply within that time period. The incumbent commissioners are also contacled by the Clerk and are given an opportunity to respond in writing to indicate to the Town Council their interest in seeking reappointment. However, if any commissioner has served less than two years. the Council can waive all the noticing and interview requirements and reappoint these commissioners if they so choose (Town Council Resolution No. 3263). Of the eight (8) expiring terms in 2004, only three (3) are subject to the Town's noticing and interview requirements. They are: Parks & Open Space Commissioner Margot Zender, and the two Tiburon representatives to the Library Agency Board of Directors (Lynn Barr and Victoria Fong). Therefore, the Council technically need schedule interviews for only these two positions in the coming year. Of course, this "streamlining" process will be precluded if there are any other vacancies created by, for instance, the appointment of current commissioners to other boards or commissions. Then, the noticing process must start all over again! . Town of Tiburon MEMORANDUM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Please let me know if you have any questions. fI/ltJ :'.... . // .// '. / /1(!;rz.-td'z.<:'7--1 Diane Crane lacopi Town Clerk Attachments . List of pending vacancies in 2004 . Excerpt from Resolution No. 3263 (Appointments Procedure) . . December 5, 2003 Page 2 of 2 . . . PENDING VACANCIES ON TOWN BOARDS, COMMISSIONS & COMMITTEES IN 2004 PLANNING COMMISSION - Appointee . Richard Collins DESIGN REVIEW BOARD - Appointee . Bill Teiser . Emmett O'Donnell Appointed Term Expires May 2002 2/28/04 * AeJlJointed Term Expires March 2002 October 2003 2/28/04 * 2/28/04 * PARKS & OPEN SPACE COMMISSION- Appointee Appointed . Margo Zender Term EXTJires 1992; 1996;2000 2/28/04 HERITAGE & ARTS COMMlSSION- Appointee Appointed . Patricia Navone Term Expires October 2002 2/28/04 * BEL VEDERE- TIBURON JT. RECREATION COMMITIEE Appointee Appointed Term Expires . Tara Sullivan September 2002 2/28/04* BELVEDERE-TIBURON LIBRARY AGENCY BOARD Appointee Aooointed Term Expires . Lynn Wcllman Barr . Victoria Fong *Eligib/efor automatic: reappointment 1997; 1999;2000 May 2001 6/30/04 6/30/04 *************** / I .~ \ \ \ ) If" I ! \.' ,.. f \ ! 2. Effective January], 1998, the terms of all members of all boards, commissions, and committees who serve for a fixed term shall expire on February 28 (or February 29 in the event of a leap year) of the year in which their term is currently set to cxpirc and thereafter the terms of all members appointed to fill scheduled vacancies 01; such boards, commissions and committees shall commence on March I of their first year and terminate four ycars later, on February 28 (or February 29 in the event ofa leap year). . 3. Effective January I, 1998, scheduled vacancies on the Town's boards, commissions and committees shall be filled according to the following procedure: .' A. No later than January 2 of each year, the Town Clerk shall send a Notice of Pending Vacancies to the Ark and Marin Independent Joumal newspapers with a request for publication. The notice shall describe the open positions that will become vacant on March] of that year and any necessary qualifications for such positions and shall establish an opening and closing pcriod for submission of letters of interest and/or resumes. Thc Pending Vacancies shall also be announced by the Town Council at its first meeting in January. B. Any incumbent whose term will expire in February afthat year who desires reappointment to their position shall so indicate in writing prior to the end of the closing period established in the Notice of Pending Vacancies. Within three weeks of the closing period set forth in the Notice of Pending Vacancies, the Town shall agendize applicant interviews before the Town Council. The applicants' letters of interest and/or resumes shall be included in the agenda packet. The Council may elect not to re-interview any applicant who has been previously interviewed for service on a Town board, commission, or committee and/or the incumbent the expiration of whose term will create the vacancy; such an applicant or incumbent shall remain eligible for the appointment on the ba~is of their prior interview and/or their prior service on a Town board, commissimi., or committee. After holding the interviews, the Council may, for each of the vacancies (i) elect to hold a second interview of one or more applicants bcfore making a final appointment; (ii) appoint an applicant to the open position; or (iii) 'reappoint the incumbent the expiration of whose term created the vacancy. . C. Notwithstanding the foregoing, in the event that the incumbent whose tcrm is expiring has held their position for less than two years, the Council may elect to reappoint that person to a full term, omitting the above-described notice, advertising and interviewing procedure with respcct to that position. 4. Scheduled vacancies which occur prior to January I, 1998 shall be filled according to the following procedure: A. Thirty days prior to the scheduled expiration of a term on a Town board, commission or committee, Town staff shall send a Notice of Pending Vacancy to the Ark and Marin lndependent Journal newspapers with a request for publication, The notice shall describe the open position and any necessary qualifications for the position and shall establish an opening and closing period for submission oflctters of interest and/or resumes. Resolution No. 3263 - Appointments Procedure . 2 .. e . . MCCMC COMMITTEES 2003-04 STANDING COMMITTEES Executive Committee President Past-President Vice-President Carole Dillon-Knutson. Novato Dennis Fisco, Mill Valley Bruce Sams, Belvedere Term 2003-04 Executive Committee: The Executive Committee shall consist of the President, Vice-President and the most immediate Past-President who is a member. It shall serve in an advisory capacity to the President to help plan and organize the activities of the COUNCIL. Le~islative Committee Chair. Member Member Member Member Member Member Member Member Member City Manager (staft) City Manager (staft) (representative chosen by each City/Town Counc.:i/) Anne Solem, Mill Valley Amy Belser, Sausalito Peter Breen, San Anselmo Pat Eklund, Novato Barbara Heller, San Rafael Joan Lundstrum, Larkspur Alice Fredericks, Tiburon Tony Curtiss, Ross Connie Wiley, Belvedere Carla Condon. Corte Madera Rod Gould and Lydia Romero, San Rafael Anne Montgomery, Mill Valley 2003-04 Legislative Committee: The Legislative Committee shall consist of a Councilmember from each of the member cities, chosen by their respective City Councils, and two city managers. Its duties shall be to review pending Federal and State legislation affecting cities and to make recommendations to the COUNCIL on the action to be taken. Meets second Monday of each month at 7:30 a.m. San Rafael City Hall. ELECTED BY MCCMC LeaRUe of California Cities, North Bay Executive Board Alice Fredericks. First Vice President Barbara Heller San Rafael Alternate Term 09/03-09/04 open Vacant North Bav Division - Executive Board: Sufficient (zero, one or two) appointed representatives (plus alternate representative to replace them in case of absence) to ensure that there are two committee members from Marin County counting the elective officers, except the president, past president and State League Director. Meets at least quarterly, time and place determined by Executive Committee. Local A~cncy Formation Commission (LAFCO) Barbara Heller San Rafael Jeff Slavitz Tiburon Pat Eklund (Alt) Novato Term 5/00-5/04 5/02-5/06 5/00-5/04 LAFCO's area, of responsibility include planning local government boundaries, reviewing proposals for changes in local government boundaries or organization and conducting studies of local government services. Seven membcr commission with two city councilmembers and one alternate elected by MCCMC for four year term. Meets second Thursday of each month at 7:30 p.m. San Rafael City Hall. . Marin Community Foundation Community Partnersbip Committee Susan Brandborg Fairfax Term 3/03- 3/05 Communitv Partnershio Committec: One city councilmembcr elected to a two year term. This nine- member committee develops and recommends policies regarding c'ommunity recob'llition and involves the Foundation in the life and activities of the larger community. Meets third Wednesday of each month from noon to I :30 p.m. Marin Major Crimes Task Force Oversi~bt Committee rat Eklund Novato Chris Raker, alternate Mill Valley Dick Hill Citizen Appointment Term 1/02-1/04 1/02-1/04 1/03-1/05 Marin Maior Crimes Task Force JPA Oversight CommitteelGoveming Board: One city councilmcmber and one alternate appointed to a two year term beginning January I of even numbered years; and one resident member appointed to a two year term beginning January 1 of odd numbered years. Mcmbcrs may be reappointed without limitation as to number of terms. Marin County Scbool Board Association Pat Eklund Novato Term Open . Marin School Boards Association: Meets monthly and includes representatives from twenty school districts including the Marin Community College District and Marin County Board of Education. MCCMC elects a non voting representative. No set tenn. Sonoma/Marin Area Rail Transit Commission (SMART) Peter Breen San Anselmo Term 1/03-1/07 A regional transportation district established IIOJ to oversee development and implementation of passenger rail service in Sonoma and Marin Counties. One member (outside Novata or San Rafael) who is,also a member ofthe Congestion Management Agency is appointed by MCCMC. (v"W\v.sollOm:-illlarintrain.orl.!.) Marin County Commissions/Committees (names submitted to Board of Supervisors by MCCMCfor appointment or rat[flcaJion) Marin Economic Commission Dennis Fisco Mill Valley Term to-3/05 Recommends to Board of Supervisors economic policies and implementation measures for inclusion in economic element of Countywide Plan. Implements economic policies and programs. Nine member Commission composed of members representing the private and public sectors, and a range of community and environmental groups. MCCMC appointment serves a three-year term. Meets 3rd Thursday at 3pm. . 2 . . . Golden Gate Bridge & Highway Transportation District AI Boro San Rafael Term 1/02-1/04 Golden Gate Bridge Highwav & Transportation District: Four members represent Marin and all are appointed by the Board of Supervisors: one member of the Board of Supervisors, one city councilmember designated by MCCMC, one at-large member from general public and one additional at-large member or a member of the Board of Supervisors. Terms are for two years. Meets 2"' and 4th Friday at lOam. Disaster Council (DISCO) Barbara Heller Term 3/02-3/04 San Rafael Marin Countv Disaster Council: Reviews, evaluates and communicates to decision makers and the public on all matters pertaining to disaster preparedness. Seventeen member committee meets approximately quarterly. One representative from MCCMC serves two year term. OTHER COMMITTEE APPOINTMENTS RATIFIED BY CITY SELECTION COMMITTEE* Association of Bay Area Governments (ABAG) Executive Board Carole Dillon-Knutson Novato Paul Cohen, alt San Rafael Term 6/02-6/04 6/02-6/04 Thirty-eight member Board carries out policies established by General Assembly, reviews annual budget and summary work programs, and makes appointments to BCDC and MTC. One city eouneilmember and one alternate chosen by MCCMC for two year term. Cal-ID Remote Access Network Peter Kilkus Term 2/03-2/04 San Anselmo Seven member board primarily from the law enforcement community. Aoard provides review for. all local agency applications to participate in the California Automated Fingerprint Identification System. One mayor elected by city selection committee. Marin County Transit District Board of Directors Dick Swanson Mill Valley Barbara Heller San Rafael Paul Albritton. alt. Sausalito Term 1/02-1/04 1/02-1/04 1/02-1/04 Seven member commission advises Governing Board (Board of Supervisors) on local fares, schedules, services issues. Collaborates with GGBHTD on transbay routes/schedules. Two members appointed by MCCMC for two year term. Metropolitan Transportation Commission Steve Kinsey Marin County Supervisor Term 2/03-2/07 Metropolitan Transportation Committee: Shall consist of nineteen members - one member from Marin. MCCMC nominates up to 3 candidates to Board of Supervisors wbich selects one commissioner. to represent the county. Term is four years. (Exec. Director Steve Heminger). 3 OTHER COMMITTEES/COMMISSIONS Bay Conservation and Development Commission (BCne) (appointed by ABAG) Joan Lundstrum Larkspur Term 11/01-11/03 California state agency established to prevent the unnecessary filling urSan Francisco Bay and increase public access to and along the Bay shoreline MCCMC may make recommendation to ABAG for appointment to the 27 member Board. (www.bcdc.ca.~ov) California Coastal Commission (aDDointed bv Senate Rules Committee) Term Senate Committee on Rules appoints one member and one alternate from north central coast region (Sonoma/Marin/San Francisco). Board of Supervisors and city selection committee in each County nominates one or more supervisors or councilmembers. Terms arc for two years at the pleasure of the appointing power. Current North Central Coast representative is Mike Reilly. Sonoma County Supervisor. .CITY SELECTION COMMITTEE: All City/Town Mayors - AI BOlO, San Rabie!, Chair The City Selection Committee of Marin operates under the powers vested in the Committee by Article 1\ (commencing with Section 50270) of Chapter I, Division I, Title 5 of the California Government Code. Regular meetings are held immediately following the regular meetings of MCCMC. The Comminee, annually in April. shall . . elect a'Chair and Vice-Chair. 4 . . . . . . TIBURON TOWN COUNCIL COMMITTEE LIAISON APPOINTMENTS (December 2003) I. STATE. REGIONAL & LOCAL AGENCIES 1. LEAGUE OF CALIFORNIA CITIES - (North Bay Division Meets Quarterly- Annual Conferenc.:c in Octoher) Alice Fredericks - Delegate Miles Berger - Alternate a) Transportation, Communication and Public Works Policy Committee- Alice Fredericks (I-year appointment by North Bay Division) 2. COUNTYWIDE PLANNING AGENCY/CONGESTION MANAGEMENT- (Meets Monthly on 4th Thursday at 7:30 p.m. - San Rafael City Hall) Alice Fredericks - Dele 'ate ' :,?;?:?:?i?i?i?ii:?f?j?*:~ltllm[t': fv-l. 3. ABAG - (Executive Board meets monthl)' in Oakland, MetroCenter, ABAG, Room ]02A) , ':",'; '~""."""';'~":'tr'''::0:l'''>;44rw~N {~~?ci;~~?::~~:~a:: r uo-f 4. . COMMUNITY DEVELOPMENT BLOCK GRANT COMMITTEE (CDBG) J?I?:?:'?;?;?f?;i:?<,f,?Jt~IEl(\le""ar! Tom Gram - Alternate JlIl-v( 5. RICHARDSON BAY REGIONAL AGENCY - (Meets Monthlv on 2nd Wednesdoy 01 6:00 .m. - Sausalito Citv Hall) :??'?:?iii?;?i??i?~W~F5eJe"at ' fi'u JeffSlavitz - Alternate 6. AIR TRAFFIC OVER MARIN/SFO EXPANSION '?if.???"fi.,''t,?iif!,?iiiJ/l ~0 7. MARIN EMERGENCY RADlO AUTHORITY Town Manager Alex McIntyre (Town Council appointed representative) 8. WATER TRANSIT AUTHORITY Miles Berger, Delegate Alice Fredericks, Alternate Council Committee Appointments as (~j"Deccmber }003 LOCAL AGENCIES . 9. JOINT DISASTER ADVISORY COUNCIL - (Meets MOlltltl)' OIl]"'1 MOllday/rom 5:1111 - 6:()() p.m. in the .Town Hal! Community Room) Alice Fredericks - Delegate 10. JOINT RECREATION COMMITTEE - (Meets hi-montltlv on 3'd Monda)' in tlte /(Iwn Hall Communit,v Room) Tom Gram - Delegate 1]. BEL VEDERE"TlBURON LIBRARY AGENCY - (Communir)' Parlnas/or Lihrar\, Erpansion) Alice Fredericks II. TOWN OF TIBURON STANDING COMMITTEES - (Meetings scheduled as needed) 1. FINANCE & ADMIN1STRA TION Tom Gram Jeff Slavitz 2. POLICE A Ii cc F rederi cks .lefT Slavtiz 3. PUBLIC WORKS ?)??5,51"fiii~?iiilfl,.ri? ., .'"p,,' :1".~.,.:.L.".~.~. ...... , .A---QN I~ . Alice Fredericks 4. LANDS & DEVELOPMENT Tom Gram ~ r.i?j?ff,ii;?ffj?;~1:?:?i?i?1 ~ 5. LEGAL Tom Gram Jeff SJavitz III. AD HOC COMMITTEE APPOINTMENTS 1. DOWNTOWN PUBLIC ART PROJECT - Miles Berger/Tom Gram 2. SKA TEP ARK TASK FORCE - Miles Berger . Council Commiftee Appointments as (~r Decemher ]()()3 2 . . . IV. MCCMC APPOINTMENTS - (Elected hy MCCMC) 1. Lea!.,'1Ie of California Cities. North Bay Executive Board Alice Fredericks, First Vice President 2. Local Agency Formation Commission ILAFCO) Jeff Slavitz . Town Appointments to MCCMC Committees 1. rJ~ 2. JPA Oversight Committee Jeff Slavitz . Town appointed representatives in other areas o(interest Marin Telecommunications Agency - (suhcommittee meets even' second Wednesdoy) Tom Gram (Delegate) ,leff Slavitz (Alternate) Hazardous & Solid Waste .lPA Alex McIntyre Marin Community Foundation Citv Liaison Committee - (Meets Quarterlv) Alice Fredericks Council Commitlce Appointments as (~(Deccmher 2()()3 , .J ) . Ji'", -.1 .,;~ "