The URL can be used to link to this page

Home My WebLink AboutTC Min 2008-11-19 TOWN COUNCIL MINUTES RECEPTION FOR FIREFIGHTERS/PUBLIC SAFETY PERSONNEL (6:30 - 7:30 p.m.) CALL TO ORDER Mayor Slavitz called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, November 19,2008, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. 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 thanjust ajob. How many of us have ajob 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; -- Volunteers (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 staff knew what was expected of them. He said that staff always ended up "massaging" 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 sometimes 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. Town Council Minutes #19 -2008 November 19, 2008 Page 4 CALL TO ORDER AND ROLL CALL Councilmember Berger, Councilmember Collins, Councilmember Gram, Vice Mayor Fredericks, Mayor Slavitz - all were present. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956.9(a)) Wayne et al. v. Town ofTiburon Gilles v. Town ofTiburon ADJOURNMENT - to public session ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION" IF ANY Mayor Slavitz announced that direction was given to the litigator but Council 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. \ A7frC~ ' DIANE CRANE IACOPI, kWN CLERK Town Council Minutes #19 -2008 November 19,2008 Page 5