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HomeMy WebLinkAboutTC Agd Pkt 2008-12-03 TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Tiburon Town Council December 3, 2008 Regular Meeting - 7: 30 p.m. Closed Session - 7:00 p.m. AGENDA TIBURON TOWN COUNCIL CLOSED SESSION ~ (7:00 p.m.) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956.9(a)) Wayne et al. v. Town ofTiburon CALL TO ORDER AND ROLL CALL Councilmember Berger, Councilmember Collins, Councilmember Gram, Vice Mayor Fredericks, Mayor Slavitz CLOSED SESSION ANNOUNCEMENT ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to 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 Town Council, public or staff to remove an item for separate discussion and consideration. If you wish to speak on a Consent Calendar item, please seek recognition by the Mayor and do so at this time. 1. Town Council Minutes - Adopt November 19,2008 Minutes (Town Clerk Crane Iacopi) 2. Annual Appointments List - Adopt Annual List of Town Appointments pursuant to State Law (Town Clerk Crane Iacopi) 3. Angel Island Fire - Authorize Mayor to sign supplemental commendations (Town Clerk Crane Iacopi) REORGANIZATION OF TOWN COUNCIL 1. Election of Mayor - Outgoing Mayor Slavitz will receive nominations for the Office of Mayor and conduct the election. 2. Election of Vice Mayor - The Mayor~elect will take the Chair and conduct the election of Vice Mayor. 3. Town Council Comments - The Council may share any additional comments at this time. TOWN COUNCIL REPORTS TOWN MANAGER'S REPORT · Request for funding to support "Walk Your History" event on AprilS, 2009 WEEKLY DIGESTS · Town Council Weekly Digest - November 21, 2008 · Town Council Weekly Digest - November 28,2008 ADJOURNMENT ~ to a reception at the Mayor~elect's home. Please note: The December 17,2008 regular meeting has been cancelled. Town Hall is closed from December 24, 2008 until January 2, 2009; the next regular meeting is scheduled for January 7, 2009. GENERAL PUBLIC INFORMATION 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) 4 35~ 7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing at the public counter located at Tiburon Town Hall, 1505 Tiburon Boulevard, and at the Belvedere~ Tiburon Library located adjacent to Town Hall (1501 Tiburon Boulevard) during normal business hours prior to the Council meeting. In addition, agendas, minutes and staff reports are posted on the Town's website, www.cLtiburon.ca.us. Any documents produced by the Town and distributed to a majority of the Town Council regarding any item on this agenda, including agenda~related documents produced by the Town after distribution of the agenda packet 72 hours in advance of the Council meeting, will be available for public inspection at Town Hall, 1505 Tiburon Boulevard, Tiburon CA 94920. Closed session and privileged documents are not subject to these requirements. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability~related modification or accommodation, including auxiliary aids or seryices, 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 challenge any proposed action( s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing( s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing ( s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. cc-I TOWN COUNCIL MINUTES RECEPTION FOR FIREFIGHTERS/PUBLIC SAFETY PERSONNEL (6:30 - 7:30 p.m.) CALL TO ORDER ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: Berger, Fredericks, Gram, Slavitz Co llins PRESENT: EX OFFICIO: Town Manager Curran, Town Attorney Danforth, Director of Administrative Services Bigall, Director of Community Development Anderson, Director of Public Works/Town Engineer Nguyen, Chief of Police Cronin, Town Clerk Crane Iacopi ORAL COMMUNICATIONS None. CONSENT CALENDAR 1. Town Council Minutes - Adopt minutes of November 5, 2008 meeting (Town Clerk Crane Iacopi) 2. Town Investment Summary - Adopt report for September 2008 (Director of Administrative Services Bigall) 3. Town Audit Report - Accept report for fiscal year ending June 30, 2008 (Director of Administrative Services Bigall) 4. Marin Energy Authority - Consider ordinance establishing joint powers authority (Town Manager Curran and Town Attorney Danforth) - Second reading and adoption of ordinance 5. Angel Island Fire - Adopt resolution commending the brave men and women who fought the fire (Town Clerk Crane Iacopi) Town Council Minutes #19 -2008 November 19, 2008 Page 1 6. Agreement re: Annexation of 3630 Paradise Drive - Recommendation to approve and authorize Town Manager to execute an Agreement regarding Annexation of Real Property (Associate Planner Tyler) Property Address: Property Owner: Assessor Parcel No. 3630 Paradise Drive J ames and Shannon Israel 058-031-14 7. Town Attorney Contract - Approve fourth amendment to contract (Town Manager Curran) MOTION: Moved: Vote: To adopt Consent Calendar Item Nos. 1 through 7, above. Berger, seconded by Fredericks AYES: Unanimous ABSENT: Collins PRESENTATION . Mayor Slavitz will present commendations regarding the Angel Island Fire Mayor Slavitz made the following remarks: ""Tonight we recognize all of the firefighters that saved Angel Island as well as all of the people and organizations that assisted them. A fire like that which occurred on Angel Island doesn't happen very often. There is no way that you can train for fighting such a fire. But our local fire departments were prepared and went above and beyond the call of duty to save the island and its historic structures. Being a firefighter is more than just a job. How many of us have a job that whenever you go to work you are either going to be a hero if you succeed, or if you fail there will be a serious loss of property and life. All of the people involved in fighting the Angel Island fire were truly heroes and on behalf of the town of Tiburon I would like to thank you for what you have done." The Mayor then read the resolution adopted by the Council into the record, followed by the award of commendations to the following groups and individuals: --Fire Agencies (Tiburon Fire Protection District, Southern Marin Fire Protection District, Marin County Fire Department, Marinwood Fire Department, Mill Valley Fire Department, Larkspur Fire Department, Novato Fire Department, San Rafael Fire Department, Cal Fire (California Department of Forestry) --Public safety agencies (California Highway Patrol for sending their helicopter, the United States Coast Guard) Town Council Minutes #19 -2008 November 19,2008 Page 2 -- Local Agencies Tiburon Police Department (traffic control, support, etc.); Tiburon Public Works Department (street closure, detours, support); Belvedere Police Department; --V olunteers (Lisa Wear, Maggie McDonogh, and the Tiburon Volunteer Firefighters (who fought alongside the fire agencies...) -- Restaurants (Guaymas, Servino' s, Lombardi's) --Other personnel and services provided (Dave's Dive Service, Redwood Shore Diving, West Bay Builders, California Department of Corrections) --Special recognition (Tiburon Battalion Chief Ed Lynch for single-handedly saving the ""gravel crusher," an historic building, and Laurie Nilsen for her support as Emergency Services Coordinator in the EOC) Mayor Slavitz asked for comments from the council and public, and then invited everyone to have cake and coffee in the lobby while the council continued the meeting. ACTION ITEMS 1. Variance Study Session - (Community Development Department) Council waived the staff report but had the following questions and comments. Councilmember Berger suggested that staff take the opportunity to remand applications to an applicant and require them to provide better justification for a variance when it was clear that what they were asking for could not be approved based on their initial submittal. Vice Mayor Fredericks asked whose responsibility it was to make sure that the findings were legally accurate-the staff or the applicant? Director of Community Development Anderson said that one reason for conducting the variance workshops were to ensure that staffknew what was expected of them. He said that staff always ended up "'n1assaging" the findings for applicants who did not often have the expertise to write them. Councilmember Berger said that it was important to challenge applicants to ""think through" their reasons for requesting a variance and the need for findings, versus just applying for a variance because it fit ""their needs." Town Council Minutes #19 -2008 November 19.2008 Page 3 Mayor Slavitz asked whether it was the job of staff or the Board or Commission to make findings. Director Anderson said that staff tried to help the commissioners describe the findings to '''get them where they want to go" in the event that it was a direction other than had been recommended by staff. Councilmember Berger described a meeting he had with members of the San Francisco Planning Department who had suggested that he apply for a variance on a project because it would make a better building on a particular site. He asked if Town staff did this kind of creative planning with an applicant. Town Attorney Danforth said that there were actually two kinds of variances-one is a strict statutory zoning variance in building and planning law; the other, called an '''exception'' in Tiburon, is the one she said was used to best serve the Town's regulations. Danforth commented that staff was sOlnetimes a little less meticulous in granting variances in non-controversial projects but that in a quasi-judicial setting, such as an appeal hearing, the goal would be to produce well-established findings to fulfill statutory requirements. Council concluded its questions and comments. TOWN COUNCIL REPORTS TOWN MANAGER'S REPORT WEEKLY DIGESTS . Town Council Weekly Digest - November 7,2008 . Town Council Weekly Digest - November 14,2008 ADJOURNMENT - to a meeting of the Tiburon Redevelopment Agency - (see separate minutes) followed by closed session. CALL TO ORDER AND ROLL CALL CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956.9(a)) Town Council Minutes #19 -2008 November 19, 2008 Page 4 Wayne et al. v. Town of Tiburon Gilles v. Town of Tiburon ADJOURNMENT - to public session ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION" IF ANY Jeff announced that direction was given to the litigator but took no action. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Slavitz adjourned the meeting at 8:25 p.m. JEFF SLA VITZ, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes #19 -2008 November 19, 2008 Page 5 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 T own Council Meeting December 3, 2008 I) Agenda Item: cC - J/ STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Clerk Subject: Adoption of Annual Town Council Appointments List Reviewed By: ~ BACKGROUND Pursuant to Town Council Appointments Procedure (Resolution No. 16-2007) and State Law (Government Code Section 54972), the Town Council must adopt and publish a list of local appointments it has made to boards and commissions during the year prior to December 31 of each year. The list is then posted at the Town Hall and the Belvedere-Tiburon Library for public review. A list of appointments made by the Town Council for the period January through December 2008 is attached for Council's adoption. RECOMMENDATION Staff recommends that the Town Council: 1. Adopt annual Local Appointments List for January through December 2008. EXHIBITS . Local Appointments List (January - December 2008) Prepared by: Diane Crane lacopi, Town Clerk TOWN OF TIBURON - LOCAL APPOINTMENTS LIST January through December 2008 (Pursuant to Govt. Code Section 54972) Commission Incumbent Date Term Qualifications Appointed Expires PLANNING COMMISSION Tiburon Resident John February 2004; February 2009 Kunzweiler March 2005 Jim Fraser February 2004; February 2010 February 2006 Al Aguirre May 2005; February 2010 February 2006; RESIGNED March 2008 Emmett March 2006; February 2011 O'Donnell March 2007 Cathy Frymier March 2008 February 2012 John Corcoran June 2008 February 2010 (AI Aguirre's term) DESIGN REVIEW BOARD Resident of Tiburon Peninsula Cathy Frymier May 2006 February 2008 (APPOINTED to Planning Commission March 2008) Bill Teiser March 2002; February 2008 Reappointed (RESIGNED February 2004 - did not seek another term) To be adopted in December2008 1 Frank Doyle September February 2009 2005 John Corcoran March 2007; February 2011 (APPOINTED to Planning Commission 6/08) Frank Glassner March 2007 February 2011 Bryan Chong March 2008 February 2012 Michael Tollini June 2008 February 2012 Grover Wilson, September February 2011 III 2008 PARKS & OPEN SPACE Tiburon COMMISSION* Resident *COMMISSION Mindy Canter August 1995; February 2011 DISSOLVED & REPLACED February 1999; WITH PARK, OPEN SPACE February 2003; & TRAILS - June 2008 February 2007 Margo Zender September February 2008 1992 & 1996; February 2000; February 2004 Michael June 2002; February 2009 McMullen March 2005 Christopher August 2004; February 2010 Wand February 2006 Helen February 2000; February 2010 Lindqvist February 2002 & Feb. 2006 To be adopted in December2008 2 BICYCLE/PEDESTRIAN ADVISORYCOMMITTEE** * * COMMITTEE Tyler Philips September RESIGNED - DISSOLVED & REPLACED 1999 2007 BY POST (June 2008) (Position Vacant) Ralph Leighton July 2001 February 2008 Peter Winkler August 2001 February 2008 Petey Stein August 2001 February 2008 Jim Fraser September (Planning 2001 Commission representative) Jeff Slavitz September ( Council 2001 representative) NEW: 5 Members; 1 P ARKS, OPEN SPACE & can be from TRAILS (Town Council Belvedere or Resolution No. 22-2008) Tiburon Peninsula Ralph Leighton June 2008 February 2010 Peter Winkler June 2008 February 2011 Jill Sperber June 2008 February 2012 Michael June 2008 February 2010 McMullen Phillip June 2008 February 2012 Feldman HERITAGE & ARTS Resident of COMMISSION Tiburon Peninsula; up to two can be from To be adopted in December2008 3 Belvedere Peggy Bremer August 2001; February 2010 February 2002; February 2006 Dave Gotz May 2001; February 2010 February 2002 & February 2006 Anne Thull March 2008 February 2009 Ida Mae Berg May 2006 February 2010 Marlene Rice March 2007 February 2011 Elizabeth April 2005; February 2011 Schmidt February 2007 Patricia October 2002; February 2012 N avonne February 2004; March 2008 Victoria Arnett Commissioner Emeritus (9/02) JOINT RECREATION Jerry Riessen October 1992; February 2009 Tiburon COMMITTEE February 1999; [By-laws state Resident February 2003; 2-year terms; (Bel vedere & February 2007 Riessen was RUSD make apptd. to term separate ending 2011) appointments) Priscilla Tripp 1984; February 2011 October 1994; - RESIGNED February 1999; March 2008 February 2003; February 2007 Tara Sullivan September February 2008 2002; Feb. '04 -RESIGNED To be adopted in December2008 4 Erin Tollini October 2008 February 2011 Jane Jacobs November February 2010 2008 Merrill Boyce 2007 5/31/09 (RUSD) Tom Gram (Council rep.) DISASTER ADVISORY No set term Tiburon COUNCIL limit Resident; Belvedere & RUSD make separate appointments Ellen Rony February 2003 J ames Sherman (Paradise Cay) Vacant - (Tiburon Appointment) Alice Fredericks (Council Representative) BEL VEDERE/TIBURON Tiburon LIBRARY BOARD OF Resident; TRUSTEES Bel vedere makes separate appointments/ R USD appt. is ratified by both Councils Mary Falk May 2004; June 2011 March 2005; reappointed June 2008 Lois Epstein May 2006 June 2009 To be adopted in December2008 5 Beverlee June 2007 June 2010 Johnson Heather June 2006; June 2010 Lobdell reapptd. 2008 (RUSD) MARIN COMMISSION ON Allan Bortel April 2002; June 2011 Tiburon AGING June 2002; resident (over June 2005; age 60) June 2008 (3-year term) No longer a required appointment but Mr. Bortel has offered to continue to serve and was reapptd. by the Council HILARIT A Community at Tiburon No set limit Resident REPRESENT A TIVE large rep = appointment Michael vacant Heckmann TOWN HISTORIAN Branwell August 1999 No set limit Resident Fanning TOWN TREASURER William Osher January 1998 No set term Resident TOWN ARTIST Mary Musalo August 2008 August 2012 See H&A LAUREATE guidelines.. . MOSQUITO Col. Roger 1994; January Law no longer Resident ABATEMENT BOARD Smith 1999 (term requIres expired in appointed 12/98); representati ve; January 2003 Col. Smith (term expired has offered to 12/02); continue to To be adopted in December2008 6 Dec. 2006 serve. See Also: TOWN COUNCIL COMMITTEE APPOINTMENTS LIST To be adopted in December2008 7 TOWN OF TIBURON ;:=: 1505 Tiburon Boulevard Tiburon, CA 94920 T own Council Meeting December 3, 2008 Agenda Item: &---- J STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Clerk Subject: Angel Island Fire - Supplemental Commendations Reviewed By: @ BACKGROUND On November 19, 2008, the Council adopted a resolution commending the men and women who fought the Angel Island Fire and all those who supported them in this effort. As is the case in any emergency, there were many "unsung heroes" who also participated in this endeavor. Long-time resident Maggie McDonogh of the Angel Island Ferry was one of the first people to respond to the fire. She and her crews ferried most of the firefighters and supplies to the island and back for the duration of the event. Although she received a commendation for her efforts, she later told Town Staff of several other people who went above and beyond the call of duty as volunteers. Likewise, Ranger Dave Matthews of Angel Island State Park was recognized for his leadership in the evacuation and throughout the fire. He has also prepared a list of the many people on the island who also responded and worked in a manner that deserves recognition, at the request of Town Staff. RECOMMENDATION Staff recommends that the Town Council: 1. Authorize the Mayor to sign and distribute supplemental commendations for the "unsung heroes" of the Angel Island Fire. EXHIBITS · Supplemental list of volunteers and residents who helped fight the Angel Island Fire Prepared by: Diane Crane lacopi, Town Clerk Maggie McDonogh's list: · Boat operator Al Schaefer (also on Ranger Dave Matthew's list) who, along with his son Nick, ferried people and equipment all night long between Angel Island and Fort Baker · Boy scouts Nicky & Wade Patton, who helped load equipment and supplies, along with their Dad, Chip, and their Mom, Stacy, who took care of Maggie's kids so that she could work all night long · Belvedere resident Paula Hansen, who went over to the island on the fireboats and delivered food to the firefighters . Chris Morrison and his brother, Kevin, who volunteered to help and went over to the island on Maggie's boat Angel Island State Park Staff response to Angel Fire 2008 Gerald O'Reilly- Park Maintenance Chief- initial attack with park fire engine, joined with Tiburon Fire District - assisted as the liaison duty with incident command and provide support and oversight for logistics and other maintained related needs. Kelle Holste- Park Maintenance Assistant- Assisted with camper evacuation, firefighter transportation and site orientation and general logistics support for entire incident. Mike Holste - Volunteer- provided transportation for firefighter from Ayala Cove to various locatio'n on the island through incident Jack Duggan - State Park Ranger- Fist on scene, assisted with initial attack with park fire engine and staff, coordinated the evacuation of campers, and coordinated the passenger and equipment transportation to and from the main land. Allyn Schafer- Boat Operator- operated the State Parks Landing craft transportation equipment (engines, trucks etc) to and from the main land. Nick Shafer (son and volunteer) assisted as a deck hand from Sunday evening until about 6:00 am Monday morning. Casey Lee- park Interpreter- assisted with coordinator of camper evacuations, assisted evacuee with support and guidance. State Parks- Public Information Officer working with Marin County Fire Department, provided numerous press tours of the fire and burn area. James Dexter- Seasonal Park Specialist- Coordinated the parks emergency response plan, contacting and coordinating ark residents, notification to park partners and stakeholders. Rich Ables- Water and Sewer Treatment Plant Supervisor- returned from a planned vacation to Texas upon notification of fire. Assisted with coordination of water system delivery for suppression ,efforts. Maintained all systems including generator power for parks staff and residents. Mat Berg Seasonal Park Specialist- deckhand and general support. Ken Shier Jr. Seasonal Park Specialist- Landing craft deck hand during transporting of equipment to and from the mainland. Dee Wager Manager of the Angel Island Company and staff, provided food and drinks and tram transportation to the fire fighters. Most state park staff began working the incident Sunday evening and worked through Monday before breaks were available.