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HomeMy WebLinkAboutTC Min 2007-09-19 TOWN COUNCIL MINUTES CALL TO ORDER Mayor Gram called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, September 19,2007, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Berger, Fredericks, Gram, Slavitz, Smith PRESENT: EX OFFICIO: Town Manager Curran, Town Attorney Danforth, Director of Community Development Anderson, Associate Planner Tyler, Director of Public Works/Town Engineer Nguyen, Director of Administrative Services Bigall, Police Captain Hutton, Town Clerk Crane Iacopi CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956.9(a)) County of Marin v. Martha Company Town of Tiburon v. Sylvia; Sylvia v. Town of Tiburon CLOSED SESSION ANNOUNCEMENT Mayor Gram said that no final action was taken on the matters discussed in closed session. ORAL COMMUNICATIONS There was no public comment. Mayor Gram said that Consent Calendar Item No.5 would be heard at the end of the public hearing; he also said that Public Hearing Item No.1 had been continued to the next Council meeting. INTRODUCTION OF NEW TOWN EMPLOYEES . Alison Bowden, Building Permits Clerk . Joel Brewer, Superintendent of Public Works Town Council Minutes #19 -2007 September 19, 2007 Page 1 Director of Community Development Anderson introduced Ms. Bowden. He said Ms. Bowden had previously worked in a number of law firms and that customer service was one of her specialties. Director of Public Works/Town Engineer introduced Superintendent Brewer, who he said had previously owned his own company and had 40 years of experience in the construction industry. Mayor Gram welcomed the new employees to the Town. PRESENTATIONS ~l 1. Reed Union School District Superintendent Christine Carter presentation regarding Measure A - Parcel Tax on November 6, 2007 Ballot Board Trustee Lisa Matthews handed out a fact sheet and thanked Council in advance for its support of the ballot measure. She said that it was a straight renewal of the $319 parcel tax, with a 3% COLA, and would run for eight years, ifpassed, versus the previous tax that ran for five. Matthews said the tax would continue to fund special programs in the District and that class size would be increased if it did not pass. MOTION: Moved: Vote: To adopt the resolution in support of Measure "A" (Consent Calendar Item No.4) Smith, seconded by Berger AYES: Unanimous 2. Jt. Disaster Advisory Council Chairman Tom Cromwell report on First Aid Station and Reed Union School District property and Siren System Dr. Cromwell, Chair of the Jt. Disaster Advisory Council, highlighted recent accomplishments in disaster preparedness on the peninsula since Hurricane Katrina. He said that there was now a full-time disaster coordinator, Laurie Nielsen, and that the County of Marin was ready to launch a version of the "Get Ready" program that had been so successful here. Dr. Cromwell said that there were two more important pieces of the disaster plan that still needed to be implemented: a first aid station and an early warning system. Cromwell said that one reason the first aid station had not been possible before was the lack of a proper facility; now, he said, there was a new gymnasium at Del Mar School which was built to seismic standards and had good ingress and egress. In addition, he said Del Mar had a flat field for air evacuation. He said that the Reed Union School District Board had given its support to pursuing the idea of a first aid station in that location, and that the Belvedere City Council had also supported the concept. Town Council Minutes #19 -2007 September 19, 2007 Page 2 Dr. Cromwell pointed out that the first aid station would not be a field hospital or a MASH unit; he said that it would be utilized to treat survivors until they could be moved to a proper facility. He said that there was a "luxury" of medical personnel on the peninsula and that he had personally contacted 50 doctors who said that they would be willing to help out in some fashion. Dr. Cromwell said that there was no liability to the school district, or Town personnel, in the opinion of the City of Belvedere's legal counsel. He said that the cost of maintaining it would be negligible because the County already had a medical supply trailer stored at Fire Station #10. Councilmember Fredericks asked what Council approval, in concept, would mean to Dr. Cromwell. She also asked whether he would be willing to work with the Town Manager to refine a proposal that couldeome to the Council for review. Dr. Cromwell affirmed this statement. Councilmember said that she remembered a previous proposal for a field hospital which had not been fully detailed and raised questions of who would restock supplies, and other issues. Dr. Cromwell said that in this instance the County would restock its own trailer. Mayor Gram asked how the trailer would be transported to the school; Vice Mayor Slavitz asked what would happen if it could not reach the school; Councilmember Berger asked whether the trailer could be stored at the school. Dr. Cromwell said that these questions, and others, would be answered in a more detailed proposal. Fire Chief Rich Pearce spoke about the need for an emergency warning system; he said that it had become apparent in a recent disaster training exercise that the lack of an early warning system was a shortcoming of the peninsula's disaster plan. Chief Pearce said that sirens and an a.m. radio system were the most reliable and effective methods for early warning. He said that the siren system would not be tested more than once per quarter. Councilmember Berger asked whether the Disaster Council had considered an e-mail warning system. Chief Pearce said that it was not as reliable; Dr. Cromwell added that many people did not have computers on the peninsula. Mayor Gram concurred but said suggested that it was better not to rely entirely on one type of warning system; he said that an e-mail system, in addition to other systems, should be considered. Councilmember Fredericks spoke of the political "realities" of placing sirens in residential neighborhoods. Again, she asked the Disaster Council representatives to work with the Town Manager to get some feedback on this idea. Town Council Minutes #19 -2007 September 19,2007 Page 3 Vice Mayor Slavitz asked whether the a.m. radio system was working. Chief Pearce said that it was. Pearce said that it was located at the Belvedere City Corporation Yard; however, he said that additional antenna placement was needed for greater coverage. Dr. Cromwell said that the exact cost of the early warning system had not been determined but that funding might come from state matching grants, as well as funds raised by the volunteer fire department and from both cities. Vice Mayor Slavitz said that both concepts were worth pursuing. Councilmember Smith said that he had nothing but positive feedback and was encouraged by the support of the school and sat}itary districts. He agreed that the details needed to be worked out. Councilmember Berger agreed but said that the internet and instant messaging should be part of the early warning system. Mayor Gram concurred; he said that the town was in the process of collecting e-mail addresses from residents for the purpose of informing them of local events. Councilmember Fredericks said that the Council would like to see both of the proposals in order to assess their feasibility. CONSENT CALENDAR 1. Town Council Minutes - August 15,2007 (Town Clerk) - continued from September 5, 2007 2. Town Council Minutes - September 5, 2007 (Town Clerk) 3. Fee Permit Waiver - Request for Fee Waiver to Install Replacement Sign at Richardson Bay Audubon Center (Town Clerk/Director of Community Development) 4. Parcel Tax Ballot Measure - Resolution in support of Reed Union School District Parcel Tax extension (Measure "A") on November 6, 2007 ballot (Superintendent Christine Carter) 5. 6 Marsh Road - Recommendation to Purchase Below Market Rate Unit located at 6 Marsh Road (Director of Administrative Services) MOTION: Moved: Vote: To adopt Consent Calendar Item Nos. 1 through 3, as written. Slavitz, seconded by Fredericks AYES: Unanimous Town Council Minutes #19 -2007 September 19, 2007 Page 4 ACTION ITEMS 1. San Rafael Avenue Seawall- Recommendation to Participate in City of Belvedere's San Rafael Avenue Seawall and Landscape Improvement Project for Property located in Town of Tiburon (Town Manager & Director of Public Works/Town Engineer) Director Nguyen gave the report. He said that the City of Belvedere had commissioned a study of the seawall feasibility after the storms of 1983 breached the wall. The preferred option recommended by the engineers in that report was to make the seawall about two feet higher than the existing one. Nguyen said that the City was in the process of bidding the project for the summer of2008, and that the project cost was estimated at $1.2 million. -i, Director Nguyen said that the City of Belvedere sought support from the Town for the portion of the seawall located on town property; he said that the Town's contribution would be $49,000. He recommended that this amount be added to the 2008-09 municipal budget. Councilmember asked what portion of land was in Tiburon and whether any homes might be affected by a storm surge in that location. Director Nguyen said that the area was close to San Rafael Avenue and that there were two homes in that location. Councilmember Smith said that the maps he had seen showed the "pocket park" to be located in Belvedere; Director of Community Development Anderson clarified that the area is called Cypress Garden Park and is located in the Town of Tiburon. Mayor Gram asked whether the amount requested was a fair price; Councilmember Smith asked whether the price was based on square or lineal feet. Director Nguyen said that some of the cost was factored in square feet and some in cubic yards; he said that the amount seemed reasonable and that the Town would receive good value from the proj ect. The Director also said that the proj ect would restore path and landscaping in that location. Vice Mayor Slavitz asked whether the elevation of the town's Multi-Use Path would face the same storm surge issues. Director Nguyen said that it would not because the MUP was already higher that Belvedere's existing path. MOTION: Moved: Vote: To approve the recommendation, as submitted. Smith, seconded by Fredericks AYES: Unanimous 2. Retaining Wall near South Knoll Park - Authorize Town Manager to Execute Change Order to Replace Wall near "Notch" on Multi-Use Path (Director of Public Works/ Town Engineer) Town Council Minutes #19 -2007 September 19,2007 Page 5 Town Manager Curran gave the report. She said that the current MMWD project included rebuilding retaining walls in the vicinity of South Knoll Park (aka the "Notch") which had received positive reviews. She said that there were other problems areas, however, that needed to be addressed. Specifically, Ms. Curran said that the wooden wall just northwest of the park going toward McKegney Green was buckling and debris was spilling onto the path. She said that there was an opportunity while work was still underway in the location to enter into a change order with the contractor to fix this problem. Vice Mayor Slavitz asked whether it would be cheaper to replace the wall rather than repair it. Director Nguyen said that du.e to its deteriorated condition, there was nothing to repair. Slavitz also asked whether the new DG jogging path which ended at South Knoll Park could be extended to that location. Director Nguyen said that there was enough right-of-way to accomplish that. However, Town Manager Curran said that it would be a much bigger job which would require cutting into the hill. Vice Mayor Slavitz said that as long as it could be done eventually, it should be considered, so that the path would tie into the one at McKegney Green. Mayor Gram asked about the cost of the change order. Director Nguyen said that the Town was negotiating with the contractor for the best price; the Town Manager added that the Council could approve the change order for a "not to exceed" price. She said that funds were available in the Park Development designated reserve. MOTION: To authorize the Town Manager to execute the change order, in an amount not to exceed $55,000. Fredericks, seconded by Berger AYES: Unanimous Moved: Vote: PUBLIC HEARINGS 1. Belvedere- Tiburon Library Expansion Project - Consideration of ordinance exempting project from Tiburon Zoning Ordinance and establishing streamlined review for processing future zoning permit applications - Introduction and First Reading of Ordinance (Director of Community Development) Property Address: 1501 Tiburon Boulevard Assessor Parcel Nos: 058-171-93,94 and a portion of 058-171-62 (Continued without hearing to October 3, 2007) Town Council Minutes #19 -2007 September 19, 2007 Page 6 2. Flood Damage Prevention - Consideration of ordinance amending Chapter 13D of Town Code to reduce flood damage by regulating the base floor elevations of new construction or substantial improvements in areas designated as flood zones - Introduction and First Reading of Ordinance (Director of Community Development) Associate Planner Tyler gave the staffreport. She said that Chapter 13D of the Town Code was intended to reduce flood damage; she said that the proposed amendments to the Chapter were proactive in nature in response to studies showing rising sea levels over the next several decades. She said that the latest BCDC study projected a sea level rise of between 12 and 36 inches in the San Francisco Bay Area by the year 2100. Ms. Tyler said that the amended Chapter 13D would require all new construction or substantial improvements to properties located in designated flood zones to be raised at least two feet (versus one foot in the existing chapter) above the base flood elevation. Councilmember Smith asked whether there was any documentation that included streams and creeks, or other bodies of water that might also rise. Director of Community Development Anderson said that FEMA issued flood zone maps for insurance purposes and that the Town had used those maps in generating its General Plan diagram showing flood-prone areas. Anderson said that the Town maintained an informal list of addresses that it believes were in the flood zone mapped by FEMA. Councilmember Smith asked whether the definitions in the Town's ordinance would tie to FEMA's definition of a flood zone. Director Anderson answered affirmatively; he said that if a property is located in flood hazard zone A, the owner would be required to obtain flood insurance. The Town's ordinance applies to those properties in flood zone A. Councilmember Berger said that the amendments appeared to be good practice and that most new construction in those areas of town was already raised in excess of the two feet above the base flood level in order to achieve proper positive drainage. Councilmember Smith agreed and said that a similar requirement which applies to new construction had been successfully implemented in Stinson Beach. Mayor Gram opened and closed the public hearing. There was no public comment. MOTION: Moved: Vote: To read ordinance by title only. Berger, seconded by Smith AYES: Unanimous Mayor Gram read, "An Ordinance of the Town Council of the Town of Tiburon Amending Provisions of Chapter 13D of the Tiburon Municipal Code (Flood Damage Prevention)." Town Council Minutes #19 -2007 September 19, 2007 Page 7 MOTION: To pass first reading of the ordinance. Moved: Smith, seconded by Berger Vote: AYES: Berger, Fredericks, Gram, Slavitz, Smith CONSENT CALENDAR 5. 6 Marsh Road - Recommendation to Purchase Below Market Rate Unit located at 6 Marsh Road (Director of Administrative Services) Town Manager Curran gave the report. She said that Mr. Herold had been in discussions with the Marin Housing Authority to ,sell his unit at 6 Marsh Road; she said that the Town had the right of first refusal on the purchase of re-sold BMR units per agreement with the Housing Authority. ~; Ms. Curran said that Mr. Herold had had long dialogs with Town staff and the County about whether the Town should purchase his unit or whether he should be allowed to sell it on the open market; she said that the parties did not see eye-to-eye. The Town Manager said that Mr. Herold had been allotted a generous allowance by the Housing Authority for capital improvements he had made to his unit which had increased the sales price. Curran said that the Town should not allow a below-market-rate unit to disappear from its housing stock on the peninsula and recommended that the Council exercise its purchase option. Council asked how many Town staff currently lived in town-owned units at Point Tiburon Marsh. Director of Administrative Services Bigall said that of the five units owned by the town, four were occupied by public agency employees on the peninsula, including two members of town staff, one teacher, one sanitary district worker, and the other unit was rented by a disabled person. Bigall said that the two-bedroom units, such as Mr. Herold's, were much easier to rent out. Town Manager Curran added the Town could add the unit to its rental pool or sell it as a BMR unit. Councilmember Berger asked about the deed restrictions on BMR units. Ms. Curran said that there was a 30-year deed restriction on such units. Berger asked whether another restriction could be added at the end of the first period. Town manager Curran said she would defer to legal counsel on this question but said that she thought the restriction would probably be lifted at the end of30 years. In response to another question from Council, Director Bigall said that there were a total of20 BMR units in the 34-unit Pt. Tiburon Marsh complex. She said that the Town's policy had been to re-sell its one-bedroom units back into the BMR program and to keep the two-bedroom units. Mayor Gram opened the item to public comment. Henry Herold asked to address the Council but objected to a three-minute time limit. Mr. Herold said that he was the 20- year owner of 6 Marsh Road. He read from a letter he had sent to the Council asking them to exercise their right to abandon the pre-emptive right to purchase his unit. Town Council Minutes #19 -2007 September 19, 2007 Page 8 Mr. Herold said that it was a devious manipulation and a breach of the homeownership resale option that he had entered into; he said that he would not have purchased the unit ifhe had known that he could not sell it at the end of the 20-year period. He said that it was damaging to his home ownership rights and his health. Mayor Gram asked Town Attorney Danforth whether the Town was in breach of an agreement. Ms. Danforth said that the Town had not breached any of its obligations. Ms. Danforth said that the BMR purchase agreement required the owner to occupy his unit, but did not require the Town to re- sell the unit to an owner occupant. Vice Mayor Slavitz asked why the town could rent out a unit while Mr. Herold could not. Ms. Danforth said that the town did not restrict itself in this way. Councilmember Berger said that the town could either sell or rent out a BMR unit. Mr. Herold asked where it was stated that the town had the right to do so. He said that the intention of the program was for home ownership. Town Attorney Danforth said that the town could sell the unit to a moderate or low income person so that they could own their own home. Mr. Herold said that he was being driven out of the community by not being able to rent or sell his unit at fair market value. He said that he hoped the Town would abandon its option to buy the unit. Mayor Gram closed the public hearing. Councilmember Berger said that the Council was "honor bound" to keep the unit as a BMR rental or at the same cost parameters, ifsold. He said that Town staff (referenced in Mr. Herold's letter) had not acted in self interest but rather in the public interest, in obtaining these units. Town Manager Curran said that the Town was obligated to use its designated housing funds in order to purchase the unit. MOTION: To authorize the Town manager to negotiate a contract to purchase the BMR unit at 6 Marsh Road, and related budget amendment and resolution accepting conveyance. Slavitz, seconded by Smith AYES: Unanimous Moved: Vote: TOWN COUNCIL REPORTS None. Town Council Minutes #19 -2007 September 19,2007 Page 9 TOWN MANAGER'S REPORT Town Manager Curran reported that the decomposed granite paths alongside the multi-use path would be installed next Monday and Tuesday instead of this Thursday and Friday. Mayor Gram asked when the landscaping on the Multi-Use Path would be completed. Director Nguyen said that it would likely take place in November. WEEKLY DIGESTS . Town Council Weeldy Digest - September 7,2007 . Town Council Weekly Digest - September 14,2007 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Gram adjourned the meeting at 8:43 p.m., to the next regular meeting scheduled for October 3,2007. J~ tOM GRAM, MAYOR Town Council Minutes #19 -2007 September 19, 2007 Page 10