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Home My WebLink AboutTC Min 2008-04-02 ": TOWN COUNCIL MINUTES CALL TO ORDER Mayor Slavitz called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, April 2, 2008, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: Collins, Fredericks, Gram, Slavitz Berger PRESENT: EX OFFICIO: Town Manager Curran, Town Attorney Danforth, Director of Administrative Services Bigall, Director of Community Development Anderson, Planning Manager Watrous, Director of Public Works/Town Engineer Nguyen, Chief of Police Cronin, Town Clerk Crane Iacopi CLOSED SESSION - (7:15p.m.) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956.9(a)) Town of Tiburon v. Sylvia; Sylvia v. Town of Tiburon ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION~ IF ANY Mayor Slavitz announced that no action was taken in closed session. ORAL COMMUNICATIONS Lynn Finerman asked the Council to hold a Town Hall meeting on the proposed spraying for Light Brown Apple Moth. Mayor Slavitz said that there had been a lot of interest expressed on the subject and the Council had considered conducting such a meeting. Vice Mayor Fredericks suggested that rather than a Town Hall meeting, the matter should be agendized at an upcoming Council meeting. Town Council Minutes #06 -2008 April 2, 2008 Page 1 Ms. Finerman thanked the Council for their consideration; she also asked that experts be invited to address the subj ect at the meeting. PRESENTATION Recognition of Outgoing Board and Commission Members - . William Teiser (Design Review Board) . Priscilla Tripp (Jt. Recreation Committee) . Tara Sullivan (Jt. Recreation Committee) Mayor Slavitz made the presentations. He noted that Tara Sullivan was unable to attend the meeting and that Ms. Tripp would arrive later in the evening. Mayor Slavitz presented a plaque to Bill Teiser and thanked him for his six years of service on the Design Review Board. Victoria Fong said that while she served on the Library Agency Board of Directors, Ms. Teiser was very helpful in providing suggestions to the board on a facilities management plan and other information. Mr. Teiser said that it had been an honor to serve. He thanked the Council for their service to the Town, which he described as a more difficult job. Later in meeting, Councilmember Gram presented Priscilla with her plaque and thanked her for her service to the Jt. Recreation Committee since 1984. He said that he had served with Ms. Tripp for 15 of those years. Ms. Tripp said that she and her husband were moving to the Seattle area. She shared some reflections on her time as a member of Jt. Recreation Committee. Mayor Slavitz also thanked Ms. Tripp and said that the committee had provided great programs for his children. CONSENT CALENDAR 1. Town Council Minutes - Adopt minutes of March 5, 2008 meeting (Town Clerk Crane Iacopi) 2. Town Investment Summary - Adopt February 2008 report (Director of Administrative Services Bigall) 3. Eminent Domain Ballot Measures - Adopt resolutions opposing Proposition 98 and in support of Proposition 99 on June 3, 2008 ballot (Town Manager Curran) 4. Appeal of Design Review Board Decision - Adopt resolution partially granting an appeal by Robin Lea, Margaret Patton, Denis Williams, Mary and Don Foree, Robin E. and Sherry Long De Mandel, and Francesca and John Madden Board of the DRB approval of site plan and architectural review to construct a new single-family dwelling at 275 Diviso Street (Associate Planner Tyler) Town Council Minutes #06 -2008 April 2, 2008 Page 2 5. Multi-Use Path Improvements - Approve budget amendment to reimburse MMWD for shortfall on contracted improvements to MUP during pipeline replacement project (Director of Public Works/Town Engineer Nguyen) 6. Lyford Cove Undergrounding Project Completion - Adopt resolution accepting the Lyford Cove Rule 20B Utility Undergrounding Assessment District Project and authorize filing of Notice of Completion (Director of Public Works/Town Engineer Nguyen) 7. Post Employment Benefits Study - Authorize award of contract for actuarial study pursuant to GASB 45 (Director of Administrative Services Bigall) Vice Mayor Fredericks and Councilmember Collins made changes to the March 5 minutes. Mayor Slavitz asked whether the Lyford Cove Undergrounding District project was, in fact, complete. Director of Public Works/Town Engineer Nguyen said that the construction portion of the project was complete and that most of the utilities had been installed, as well. Town Manager Curran said that ATT still was completing its portion of the work. MOTION: Moved: Vote: To adopt Consent Calendar Item Nos. 1 through 7, as amended. Collins, seconded by Gram AYES: Unanimous ABSENT: Berger PUBLIC HEARINGS 1. Commission Consolidation - Consider consolidation of the Parks & Open Space Commission and Bicycle/Pedestrian Advisory Committee into a newly established Community Facilities Commission by Amending Title I, Chapter 2 (Administration) and Title V, Chapter 18 (Parks, Open Space & Recreational Lands) of the Town Code (Town Manager Curran and Director of Community Development Anderson) - Introduction & First Reading of Ordinance/Adoption of resolution Town Manager Curran gave the report. She said that the idea of consolidating commissions was discussed at the 2007 Town Council/Staff retreat. She said that there was a significant amount of overlap in the work of the Parks & Open Space Commission and the Bicycle/Pedestrian Advisory Committee which, if pulled together, would make the work of both bodies more logical and efficient. Ms. Curran discussed the mechanics of possible consolidation and said that staff recommended disbanding both commissions and forming a new body. She said that this body would consist of five or seven members, depending on Council's direction, and would meet quarterly or more frequently, as needed. Curran said that there would be a residency requirement but that the new commission might allow for representation from the peninsula at large. Town Council Minutes #06 -2008 April 2, 2008 Page 3 With regard to the number of commissioners, Ms. Curran said that the commission could start with seven members and evolve into five with attrition. The other option was to just start with five members, which mirrored the composition of most of the other Town boards and commISSIons. The Town Manager said that naming the new commission was somewhat problematic. The name that had originally been selected was "Community Facilities Commission;" she said that another name been suggested with the acronym POST, standing for Parks, Open Space and Trails. She said that Council could move forward with the consolidation tonight without finally deciding on a name until the following meeting. She recommended first reading of the ordinance and adoption of the resolution which would describe the name and number of members, at the April 16 meeting. Councilmember Gram said that he did not have a preference for either five or seven members. Vice Mayor Fredericks said that the idea of seven members was arrived at out of respect for the long-standing members of the commissions. She suggested that because a committee of seven would not necessarily include all the current members, the Council could start "fresh" and review all applications for the best qualified candidates for the duties of the new commission. The Vice Mayor suggested that if there were five members, that a maximum number be set for residents of the peninsula at large. Council stated its preference for five members, with a maximum of one (1) resident from the peninsula at large. Councilmember Collins asked whether the Bicycle/Pedestrian Advisory Committee was being disbanded or dissolved since its existence had been reaffirmed by resolution. Staff agreed that the language would reflect the dissolution of the committee. Collins also suggested adding the words "bicycle and pedestrian matters" to the description of duties for the new commission. Mayor Slavitz opened the public hearing. There was no public comment. Mayor Slavitz commented that the consolidation was for all the reasons expressed in the Town Manager's report and that no one had done "anything wrong" to trigger this action. Town Manager Curran said that she had met with the members ofPOSC and BPAC and praised them for their graciousness and candor in discussing the proposal. MOTION: Moved: Vote: To read ordinance by title only. Gram, seconded by Fredericks AYES: Unanimous ABSENT: Berger Town Council Minutes #06 -2008 April 2, 2008 Page 4 Mayor Slavitz read, "An ordinance of the Town Council of the Town ofTiburon amending various chapters of the Municipal Code to dissolve the Parks & Open Space Commission and to take related actions. " MOTION: Moved: Vote: To pass first reading of ordinance. Collins, seconded by Gram AYES: Collins, Fredericks, Gram, Slavitz ABSENT: Berger 2. 430 Ridge Road - De novo review of a site plan and architectural review application for exterior modifications to an existing single-family dwelling (Associate Planner Tyler) Applicant: Mark and Lynn Garay Assessor's Parcel No. 059-082-22 Town Attorney Danforth said that she recommended that the hearing be continued until April 16 to allow all of the members of the council to visit the site at night. Councilmember Collins asked whether there would be lights be installed in the house for Council's viewing and whether they would be the actual lights proposed for the project. Town Attorney Danforth said that the lights would be the actual fixtures, or something equivalent. Council agreed to continue the hearing until April 16. 3. Hillside Design Guidelines - Consider adoption of resolution amending the Hillside Design Guidelines for "borrowed views" (Planning Manager Watrous) Planning Manager Watrous gave the report which proposed an amendment to the guidelines to recognize the concept of "borrowed views." He said that after the Council's review in 2007, a minor text amendment and preparation of a finalized illustration was reviewed by the Design Review Board which made additional modifications. He described the changes made by the Design Review Board and recommended that the Council adopt this version of the amendment for inclusion in the Hillside Design Guidelines. Mayor Slavitz suggested that a "yes" and "no" be added to the illustrated example. Councilmember Collins suggested replacing the word "property" with "vacant lot" in Goal 3, Principle 7 (G) to make it consistent throughout. Council concurred with these changes. Mayor Slavitz opened the public hearing. There was no public comment. Town Council Minutes #06 -2008 April 2, 2008 Page 5 MOTION: Moved: Vote: To adopt the resolution, as amended. Fredericks, seconded by Gram. AYES: Unanimous ABSENT: Berger 4. Chapter 20 (Animal Control) Ordinance - Consider amendment to Chapter 20 of Town Code incorporating recent changes to Marin County Code (Director of Community Development Anderson) - Introduction & First Reading of Ordinance Director of Community Development Anderson gave the report. He said that the County had recently updated its ordinance to reflect changes in clarifications to the definitions and enforcement of the provisions concerning vicious and barking dogs. He said that there were numerous text changes, which were summarized in the report. He recommended first reading of the ordinance that would repeal and replace the town's existing ordinance to incorporate the County's revisions. Mayor Slavitz opened the public hearing. A young lady in the audience asked what the town planned to do with vicious and barking dogs. Director of Community Development Anderson said that the changes had mostly to do with enforcement of the ordinance. He said that he would be happy to go over the ordinance in more detail with the speaker. Mayor Slavitz closed the public hearing. MOTION: Moved: Vote: To read ordinance by title only. Fredericks, seconded by Gram AYES: Unanimous ABSENT: Berger Mayor Slavitz read, "An ordinance of the Town Council of the Town of Tiburon repealing Title VI, Chapter 20 (Animals) of the Tiburon Municipal Code and adopting a new Title VI, Chapter 20 (Animals) of the Tiburon Municipal Code and adopting and incorporating by reference sections of the state of California Food & Agricultural Code." MOTION: Moved: Vote: To pass first reading of ordinance. Fredericks, seconded by Gram AYES: Collins, Fredericks, Gram, Slavitz ABSENT: Berger 5. Chapter 13 (Building Code) Ordinance - Consider amendment to Chapter 13 of Town Code adopting enhanced energy efficiency standards for large single-family residences (Director of Community Development Anderson) - Introduction & first Reading of Ordinance Town Council Minutes #06 -2008 April 2, 2008 Page 6 Director of Community Development Anderson said that the proposed ordinance to enhance energy efficiency was a component of the Town's developing "green program." Anderson said that the enhanced standards would apply in new or expanded homes that exceed 3,500 square feet. Vice Mayor Fredericks asked how large homes could achieve the new standards without installing solar panels and gave an example of a large home that might be located in an area that did not get a lot of sun. Anderson said that solar panels could be installed on a roof or elsewhere on the property. He also said that there were other alternatives and that the County of Marin had experience in dealing with homes of 6,500 square feet without problem. In rare instances, he said that the Building Official had latitude to adjust the tables to meet the regulations. Councilmember Gram asked when the remainder of the green program would come before the Council for consideration. Anderson estimated that it would be in Mayor June. Mayor Slavitz opened the public hearing. There was no public comment. MOTION: Moved: Vote: To read ordinance by title only. Fredericks, seconded by Gram AYES: Unanimous ABSENT: Berger Mayor Slavitz read, "An ordinance of the Town Council of the Town of Tiburon amending Municipal Code Title IV, Chapter 13 (Building Regulations) to adopt enhanced energy efficiency standards for single-family dwellings greater than 3,500 square feet of conditioned floor area." MOTION: Moved: Vote: To pass first reading of ordinance. Collins, seconded by Fredericks AYES: Collins, Fredericks, Gram, Slavitz ABSENT: Berger 6. Chapter 16 (Zoning Code) Ordinance - Consider amendment to Chapter 16 of Town Code regarding wireless communications facilities and remodel projects (Director of Community Development) - Introduction & First Reading of Ordinance Director of Community Development Anderson said that the proposed amendments were miscellaneous "clean-up" amendments involving remodel projects and the duration of wireless communication facility permits. He said that the first amendment distinguishes a "remodel" project from a "new construction" project; the second amendment, required due to changes in state law, establishes the duration of the use permit for a wireless communication facility approved after January 1, 2007, at 10 years, and establishes a renewal length of five years. Mayor Slavitz opened the public hearing. There was no public comment. Town Council Minutes #06 -2008 April 2, 2008 Page 7 MOTION: Moved: Vote: To read ordinance by title only. Collins, seconded by Gram AYES: Unanimous ABSENT: Berger Mayor Slavitz read, "An ordinance of the Town Council of the Town ofTiburon amending Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code by making text amendments thereto." MOTION: Moved: Vote: To pass first reading of ordinance. Collins, seconded by Fredericks AYES: Collins, Fredericks, Gram, Slavitz ABSENT: Berger TOWN COUNCIL REPORTS Councilmember Fredericks said that she had attended the League of California Cities Transportation Committee meeting in Ontario. She said that at a State budget presentation, the Chief of Staff of State Senator Dutton (Budget Committee Vice Chair) informed the group that during the May "revise" of the budget, the state would be looking to the cities as a source of more revenue. TOWN MANAGER'S REPORT Town Manager Curran said that she had been attending meetings regarding Community Choice Aggregation for over a year and that it was a complex and detailed subject matter. She said that the matter would be coming before Council soon; she also said that the Board of Supervisors would undertake their first full hearing on the matter on April 22 which might be of interest to the Council. WEEKLY DIGESTS . Town Council Weekly Digest - March 21,2008 . Town Council Weekly Digest - March 28, 2008 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Slavitz adjourned the meeting at 8:35 p.m. ..----- Town Council Minutes #06 -2008 April 2, 2008 Page 8 ATTEST: /lz{/ >(< . ,}// ! {- -~. / - ',:!---r ',_ .::.- -- c. 'rr ' DIANE CRANE IACOP( TOWN CLERK Town Council Minutes #06 -2008 April 2, 2008 Page 9