HomeMy WebLinkAboutTC Minutes 2010-03-03TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Collins called the regular meeting of the Tiburon Town Council to order at 7:35 p.m.
on Wednesday, March 3, 2010, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon,
California.
DnlT PATT
PRESENT: COUNCILMEMBERS:
PRESENT: EX OFFICIO:
Collins, Fredericks, Fraser, O'Donnell, Slavitz
Town Manager Curran, Town Attorney Danforth,
Director of Administrative Services Bigall, Director
of Community Development Anderson, Police
Captain Hutton, Town Clerk Crane Iacopi
Prior to the regular meeting, beginning at 6:00 p.m., the Council met in closed session to discuss
the following:
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Section 54956.9(a))
Bonander v. Town of Tiburon
Town of Tiburon v. All Persons Interested (Del Mar Valley Undergrounding)
Mostyn v. Town of Tiburon et-al.
At 7:10 p.m., the Council adjourned from Closed Session and interviewed the following
candidates:
INTERVIEWS FOR VACANCIES ON BOARDS & COMMISSIONS
(Heritage & Arts Commission - One Vacancy)
(Design Review Board- One Vacancy)
(Parks, Open Space & Trails Commission - Two Vacancies)
• Jaleh Etemad, 237 Round Hill Road
• Bob McDermott, 601 Ridge Road
Town Council Minutes #03 -2010 March 3, 2010 Page I
CLOSED SESSION ANNOUNCEMENT, IF ANY
Mayor Collins said that the closed session had been continued until the end of the regular
meeting.
ORAL COMMUNICATIONS
Janet Daru said that an application for a well permit at 13 Rosevill Court was on tonight's
agenda, however, she stated that she was not here to address the Council on that topic.
Ms. Daru said she lived directly below 13 Roseville Court. She said the amount of earth being
added to the property was enormous, and that the amount of grading was "horrendous." She said
that over an acre of land was covered in plastic and that it was clearly visible from the
intersection of Hilary Drive and Avenida Miraflores.
Ms. Daru said there had only been one public hearing on the activity at 13 Roseville Court, three
years ago, and that it was for an application to install a pool cabana. She said that all manner of
construction was ongoing and continuous.
Ms. Daru said that she was working with Town staff to see if anything could be done to
ameliorate the situation; she said she also wanted the Council to be aware of it and to see if
anything could be done about it.
CONSENT CALENDAR
Mayor Collins asked if anyone wanted to take any items off the Consent Calendar. There was no
request from the public.
Mayor Collins said he would like to remove Item No. 3 for public hearing; Councilmember
O'Donnell asked to remove Item No.6; Councilmember Fredericks asked to remove Item No. 1.
1. Town Council Minutes - Adopt minutes of January 20, 2010 regular meeting (Town
Clerk Crane Iacopi)
2. Town Investment Summary -Accept January 2010 report (Director of Administrative
Services Bigall)
3. Application for Well Permit - Approve permit for non-potable water well (Associate
Planner Tyler)
Address: 13 Roseville Court
APN: 039-212-07
Applicants: Stephen & Katherine Van Dusen
Town Council Minutes #03 -2010 March 3, 2010 Page 2
4. Town Purchase of Below Market Rate Unit - Approve purchase of two-bedroom unit at
4 Marsh Road and authorize execution of documents by Town Manager (Director of
Administrative Services Bigall)
5. Amendment to Taxi Cab Fee Schedule - Adopt resolution incorporating amendments
adopted by Marin General Services Agency in November 2009 (Town Attorney
Danforth)
6. Purchase of Tax and Revenue Anticipation Note for Investment Purposes -
Recommendation to Purchase 2010 Tax and Revenue Anticipation Note from the Town
of Fairfax, California (Director of Administrative Services Bigall)
7. Martha Property Memorandum of Understanding (MOU) - Approve amendments to
the November 12, 2009 agreement with the Martha Company regarding timing and
definition of open space trails (Town Attorney Danforth)
MOTION: To adopt Consent Calendar Item Nos. 2, 4, 5 and 7.
Moved: Slavitz, seconded by Fredericks
Vote: AYES: Unanimous
Discussion items were taken in the following order:
6. Purchase of Tax and Revenue Anticipation Note for Investment Purposes -
Recommendation to Purchase 2010 Tax and Revenue Anticipation Note from the Town
of Fairfax, California (Director of Administrative Services Bigall)
Councilmember O'Donnell said that he was concerned about making the loan as a matter of town
policy going forward. He said he understood that the recommendation to purchase the note was
the second part of a previous Council approval; however, he said that it sent the "wrong fiduciary
signal" and was not a prudent use of public funds. O'Donnell commented that if no bank in the
County of Marin was willing to loan the money to Fairfax, why should Tiburon, especially for
such a small ($2700) gain. He said the money could be freed up for use on Tiburon projects.
Councilmember Fredericks said that the risks had been carefully evaluated prior to the purchase
of the first note. She said that the Town had the first claim on repayment [of property taxes from
the County] which made the idea of risk irrelevant, and that the loan did not affect the Town's
balance sheet in any way.
Town Manager Curran said that the Finance Committee had discussed the issues of risk when the
Town was first approached by the Town of Fairfax for the $1M loan. She said the committee had
recommended splitting the loan into two parts prior to seeking Council approval. She said the
note was written so that the property taxes are paid directly to the Town of Tiburon by the
Town Council Minutes #03 -2010 March 3, 2010 Page 3
County and bypass the Town of Fairfax altogether. She said the Finance Committee felt that it
was a "win-win" situation for both towns, in that the Town of Tiburon made more interest than it
did currently, the Town of Fairfax covered its shortfall and paid less interest for the loan, and
there was zero risk to either party.
Councilmember O'Donnell asked if anyone representing the Town of Fairfax could address the
Council on this issue.
Mark Pressman of the investment firm Wulff, Hansen, spoke. He said that he had worked as the
Town of Tiburon's investment banker for 30 years. He said that he had been retained by the
Town of Fairfax in this transaction.
Mr. Pressman said that it was a common practice in California for cities to obtain loans through
TRANS (tax revenue anticipation notes) to even out their cash flow. He said that the City of Los
Angeles and many other cities did it and that hundreds of millions of dollars in loans were
handled this way. He said there was also a pool that cities could join and borrow from.
Pressman said that last year, following the subprime meltdown, there were few funds available
and cities had to look elsewhere for loans. For this reason, he said, Fairfax had approached a
fellow city within the County. Pressman added that Fairfax was not in dire financial straits; on
the contrary, he said it had a AA bond rating.
Councilmember O'Donnell asked how much Wulff, Hansen received for handling the
transaction. Mr. Pressman said his firm received $2,000. He added that there was bond counsel
involved in the transaction, as well.
Councilmember O'Donnell asked why Fairfax had not sought credit through a commercial
facility, such as Bank of America. Mr. Pressman said that he did not know if Fairfax had
approached a commercial bank for the loan.
Pressman said he understood the Council's concern over the security of the Town's assets. He
said that Town staff had done everything to ensure the Town's investments were secure and that
the Town would make 4% interest instead of 1/2% on its investment.
Councilmember Slavitz concurred. He said that the Finance Committee met the following criteria
in its recommendation to purchase the TRANS from Fairfax:
1) the investment was 100% secure;
2) the loan was a neighborly gesture to a fellow city;
3) it met the Town's investment policy of diversification of Town funds (to achieve a greater
return on investment).
Mayor Collins asked the Town Attorney to comment on municipal bankruptcy.
Town Council Minutes #03 -2010 March 3, 2010 Page 4
Town Attorney Danforth said that the TRANS was a secured note and that in the context of
bankruptcy law, the Town was a secured creditor which meant that the debt would not be
discharged if the municipality filed for bankruptcy.
Councilmember O'Donnell said that he would not vote in favor of the loan; the remainder of the
Council said that they would support it.
MOTION: To adopt Consent Calendar Item No 6, as written.
Moved: Fredericks, seconded by Slavitz
Vote: AYES: Collins, Fraser, Fredericks, Slavitz
NOES: O'Donnell
3. Application for Well Permit - Approve permit for non-potable water well (Associate
Planner Tyler)
Address: 13 Roseville Court
APN: 039-212-07
Applicants: Stephen & Katherine Van Dusen
Director of Community Development Anderson said that the filing of a well permit with the
Town was a precursor to filing an application for a well with County Environmental Health. He
said that Town's permit only authorized the drilling of a hole in the ground. In this case, he said
it was an eight-inch diameter hole that would go into the ground 200-300 feet. He said any well
appurtenances would require design review approval, or a building permit, or both.
Councilmember Fredericks asked if there was other construction at this address, in addition to
the proposed well. Director Anderson said that there were two separate building permits, one for
a pool and pool house, and another that included landscaping, retaining walls, driveways, and
fences.
Councilmember Fredericks asked whether these items had received design review. Anderson said
that they had, prior to receiving a building permit.
Mayor Collins opened the public hearing. There was no public comment. Mayor Collins closed
the public hearing.
Council indicated that it would vote to approve the recommendation of staff for the well permit
at 13 Roseville Court.
MOTION: To adopt Consent Calendar Item No.3, as written.
Moved: Fredericks, seconded by Fraser.
Vote: AYES: Unanimous
Town Council Minutes #03 -2010 March 3, 2010 Page 5
1. Town Council Minutes - Adopt minutes of January 20, 2010 regular meeting (Town
Clerk Crane Iacopi)
Councilmember Fredericks asked that the description of the ballot initiative (Consent Calendar
Item No. 3) of the California Taxpayers Right to Vote, be amended to read, "...or to form or
expand a CCA or municipal utility."
MOTION: To adopt Consent Calendar Item No. 1, as amended.
Moved: Slavitz, seconded by Fraser
Vote: AYES: Unanimous
ACTION ITEMS
1. Appointments to Boards and Commissions - Consider reappointment of commissioners
whose terms expired on February 28, 2010; consider appointments to fill vacancies on
remaining Boards and Commissions (Town Clerk Crane Iacopi)
• Planning Commission - (John Corcoran Term Expiration)
• Heritage & Arts Commission - (David Gotz and Ida Mae Berg Term Expirations)
• Heritage & Arts Commission - (Vacancy created due to resignation of Peggy Bremer)
• Design Review Board - (Vacancy created by appointment of Frank Doyle to Planning
Commission)
• Parks, Open Space & Trails Commission - (Vacancies created by resignations of Ralph
Leighton and Jill Sperber)
Town Clerk Crane Iacopi described the current vacancies which consisted of term expirations
and existing vacancies.
Mayor Collins asked if there was any public comment. There was none.
MOTION: To reappoint John Corcoran to the Planning Commission.
Moved: O'Donnell, seconded by Fraser
Vote: AYES: Unanimous
MOTION: To reappoint Dave Gotz to the Heritage & Arts Commission.
Moved: O'Donnell, seconded by Fredericks
Vote: AYES: Unanimous
MOTION: To reappoint Ida Mae Berg to the Heritage & Arts Commission.
Moved: Fraser, seconded by Slavitz
Vote: AYES: Unanimous
Town Council Minutes #03 -2010 March 3, 2010 Page 6
MOTION: To appoint Jaleh Etemad to the Heritage & Arts Commission.
Moved: Fraser, seconded by Slavitz
Vote: AYES: Unanimous
MOTION: To appoint Lou Weller to the Design Review Board.
Moved: Fredericks, seconded by O'Donnell
Vote: AYES: Unanimous
MOTION: To appoint Bob McDermott to the POST Commission.
Moved: Fredericks, seconded by Slavitz
Vote: AYES: Unanimous
PUBLIC HEARINGS
The Council heard Item No. 2 first.
2. Wireless Communication Facility at Cove Shopping Center - Appeal of Planning
Commission conditional approval of a co-located wireless communication facility at 1
Blackfield Drive (Director of Community Development Anderson)
Address: 1 Blackfield Drive, Cove Shopping Center, Blockbuster building
APN: 034-212-18
Applicant: Clearwire LLC
Appellant: Peter Pursley, 2 Carmel Way, San Anselmo, CA 94960
Director Anderson described the application to place a wireless communication facility in the
false chimney of the Blockbuster building at the Cove Shopping Center. He said that there was
already a wireless communications facility in this location.
Anderson said there were two grounds upon which the appeal is based:
Ground #l: The approval was based on a defective RF (Radio Frequency) Compliance Report.
Ground #2: Lack of Reasonable Public Notice of Additional RF Emissions
Anderson stated that because both of these appeal grounds involved questions regarding RF
emissions, which are of a highly technical nature, Town staff retained an independent expert, Mr.
Jonathan Kramer, to assist with the appeal processing. According to Anderson, Mr. Kramer was
instructed to review the RF Compliance Report submitted by the applicant, conduct his own
independent RF emissions analysis, provide education and legal background regarding RF issues,
and provide his professional legal and engineering opinion regarding the grounds raised in the
appeal.
Town Council Minutes #03 -2010 March 3, 2010 Page 7
Anderson said that Mr. Kramer concluded that the RF emissions report submitted by the
applicant complied with federal requirements and that public noticing provided by the Town
complied with legal requirements. He therefore recommended denial of the appeal on that basis.
However, Director Anderson said that Mr. Kramer recommended in his report, at pp. 9-10, that
an existing condition of approval regarding safety signage on the roof-top and on the equipment
cabinet could be made more specific and suggested text to that effect.
Councilmember Fredericks asked if Mr. Kramer was present. Director Anderson said that he was
not.
Mayor Collins opened the public hearing for the appellant's presentation.
Peter Pursley, appellant, stated he was the co-owner of 251 Cecilia Way (located behind the
Cove Shopping Center).
Mr. Pursley handed out a three-page "supplemental statement" to the Council. Mayor Collins
asked if the statement was the same as the basis of his filed appeal. Mr. Pursley said that it was,
but that he wanted to use it to address subsequent correspondence from the expert, as well as his
communications with the FCC.
Mr. Pursley said that the Kramer report did not identify the equipment that was actually in the
"box" to be installed at the location, nor did he do an analysis of its performance characteristics.
He also said that Mr. Kramer consulted for Sprint/Nextel.
Mr. Pursley described his e-mail correspondence with a Mr. Chan of the FCC, who he said was
co-author of OET-65, a regulation that required a description of "...the actual exposure
conditions" of the equipment at the site. He said the Kramer report did not do this.
Mr. Pursley said there was a simple remedy to the problem, that is, for a supplemental
certification letter to be submitted by the applicant that answered these questions.
Pursley also said that he concurred with Kramer's recommendation for increased signage.
Vice Mayor Slavitz noted that Mr. Pursley's property was 590 feet away from the proposed
installation. He also noted that the report said that the RF emissions at that location would be
1/10 of 1% of the federal exposure limits.
Mr. Pursley said that all he wanted was an adequate public record to enable him to know what
kind of equipment was in his neighborhood.
Mayor Collins asked whether that was important if the equipment could be turned off in the
event it exceeded federal guideline emissions.
Town Council Minutes #03 -2010 March 3, 2010 Page 8
Mr. Pursley added, "if a field measurement is taken." And he added that OET-65 asked for a
"good faith" effort to be made to disclose the information he sought.
Vice Mayor Slavitz asked whether Mr. Pursley thought that a good faith effort had not been
made. Pursley replied that it was "Kramer vs. Hammett."
Councilmember Fredericks said that Mr. Hammett's letter states that the way he measures
emissions is "industry standard," the same method used by Mr. Kramer.
Fredericks asked if he was asking for a field study to measure the emissions in that location. Mr.
Pursley said no, that he wanted to know exactly what [equipment] was going to be installed at
that location.
Councilmember O'Donnell suggested that the actual configuration or type of equipment might be
proprietary information.
Councilmember Fredericks asked staff whether the Council had the legal authority to compel the
type of reports the applicants submit.
Director Anderson said that the Town's wireless standards stated that the required report was one
that complies with OET-65. Fredericks asked whether the expert's report complied with this
regulation. Director Anderson said that it did.
Vice Mayor Slavitz asked Mr. Pursley whether he had asked the applicants for a description of
the actual equipment to be installed. Mr. Pursley said that he had not.
Mayor Collins opened the hearing to the applicant.
Ryan Elias-Beg, representing applicant Clearwire, said that the company's application stood on
its merits, according to both Mr. Hammett and the Town's expert. He said that Mr. Chan's e-mail
also said that the type of reports submitted by Clearwire complied with existing regulations.
Mayor Collins asked Mr. Elias-Berg about what type of equipment was "in the box."
Mr. Elias-Berg said that there were three panel antennas in an RF-screened box.
Mayor Collins asked whether he could disclose the name of the manufacturer. Elias-Berg said
that he could, but not the exact model number.
Councilmember Fredericks asked for an explanation of the difference between access to the
internet via cell phone or broadband. Mr. Elias-Berg said that it was a matter of range and speed;
broadband was a stronger, better signal that could be accessed more widely. He said that antennas
for cell phones broadcast over a more limited range and connect only to those authorized devices
Town Council Minutes #03 -2010 March 3, 2010 Page 9
that initiate a connection to them. In contrast, he said that broadband is the kind of connection in
a Starbucks, and can be accessed by any device within range.
During his rebuttal, Mr. Pursley said that he felt that "reasonable assumptions" were acceptable
in the absence of information regarding technical parameters. However, he asked why these
technical parameters were not requested by the Town? He said that the public was entitled to this
information and to all information concerning possible "carcinogenic technology."
Mayor Collins opened the hearing to public comment. There was none.
Mayor Collins closed the public hearing.
Councilmember Fredericks said that the use of models to assess data was common across
industry standards. She said that she was not uncomfortable with the data obtained in this
manner, especially in this case when the emissions were deemed to be no greater than telephone
equipment and far below the federal exposure limits. She added that the Town was limited by
law to the type of information it could require.
Councilmember Fraser concurred and said that he was comfortable with the expert's (Kramer)
report which specifically outlined the risks of the emissions.
Councilmember O'Donnell agreed. He added that the Town had an obligation to protect public
safety but that it also had to follow the standards and guidelines of the law.
Vice Mayor Slavitz said that he understood the frustration of the appellant but noted that the
Town's expert said that the applicant had met the Town's requirements.
Mayor Collins said that he thought what the appellant really sought was a field test; he said that
there was a Town requirement to perform a post-installation field test. He also said that he
concurred with the expert's recommendation to enhance signage at the location.
The Mayor suggested that the applicant might send a letter to the Council disclosing the
information requested by the appellant.
MOTION: To deny the appeal and direct staff to return to the Council with a resolution of
findings, including the additional recommended conditions regarding signage.
Moved: Slavitz, seconded by Fraser
Vote: AYES: Unanimous
1. Amendments to Zoning Ordinance - Introduction and first reading of amendments to
Title IV, Chapter 16 (Tiburon Zoning Ordinance) to incorporate comprehensive
reformatting and text amendments (Director of Community Development Anderson)
Town Council Minutes #03 -2010 March 3, 2010 Page 10
Director Anderson gave a brief report. He said that the Zoning Ordinance had been reviewed
extensively by the Planning Commission in 2009 and that staff had incorporated their comments.
He noted that the first draft of the ordinance had been presented to the Council in January.
Council applauded the efforts of the Planning Commission and staff.
Mayor Collins opened the hearing for public comment. There was none.
Mayor Collins closed the public hearing.
MOTION: To read the ordinance by title only.
Moved: Slavitz, seconded by Fredericks
Vote: AYES: Unanimous
Mayor Collins read, "An ordinance of the Town Council of the Town of Tiburon repealing Title
IV, Chapter 16 (Zoning) of the Tiburon Municipal Code; adopting a new Title IV, Chapter 16
(Zoning) of the Tiburon Municipal Code; and making related cross-reference amendments to
various Municipal Code chapters."
MOTION: To pass first reading of the amended Zoning Ordinance.
Moved: Slavitz, seconded by Fredericks
Vote: AYES: Collins, Fraser, Fredericks, O'Donnell, Slavitz
3. Amendments to Encroachment Ordinance - Introduction and first reading of an
ordinance amending Title V, Chapter 19 (Encroachments) to add a provision authorizing
encroachment-related policies to be adopted by the Town Council; to add definitions and
other text amendments (Director of Public Works/Town Engineer Nguyen/Town
Attorney Danforth)
Town Attorney Danforth gave the report. She said that Chapter 19 of the Town's Municipal
Code regulates most encroachments onto Town property, and that under Chapter 19 any work on
Town property requires an encroachment permit.
Danforth said that a new ordinance was being introduced that would distinguish between long
and short-term encroachment permits. The long-term permits could be recorded against the
property, according to Danforth, and any short-term permit could be revoked. She said that a
policy had been drafted that would clarify these differences.
In response to a question from Councilmember O'Donnell, Danforth said that the current Chapter
19 does not contain explicit criteria for issuing encroachment permits, nor does it limit such
permits' duration. She said that although staff has developed administrative policies governing
work in the public right of way, it had found that some of the permitted work had the practical
Town Council Minutes #03 -2010 March 3, 2010 Page 11
effect of privatizing public land. To address these issues, Danforth said staff recommended that
the Council amend Chapter 19 and adopt a policy governing encroachment permit applications.
Danforth said that under the new ordinance and policy, the Town Council must approve a permit
that allows (a) the construction of a substantial encroachment, or (b) an encroachment could have
a substantial adverse effect on vehicular or pedestrian circulation, or on public health and safety
on public land. She said that the Town Engineer would be able to act on all other encroachment
permit applications.
Lastly, Danforth said the policy would authorize the Town Engineer to waive permit fees, in
whole or part, where the work is for public benefit. She said this reflected current practice.
Mayor Collins opened the hearing for public comment. There was none.
Mayor Collins closed the public hearing.
MOTION: To read the ordinance by title only.
Moved: O'Donnell, seconded by Fraser
Vote: AYES: Unanimous
Mayor Collins read, "An Ordinance of the Town Council of the Town of Tiburon amending Title
V, Chapter 19 of the Tiburon Municipal Code, regarding encroachments into Town property and
rights of way."
MOTION: To pass first reading of the amended Encroachment Ordinance.
Moved: Fredericks, seconded by Fraser
Vote: AYES: Collins, Fraser, Fredericks, O'Donnell, Slavitz
4. Amendments to Water Conservation Ordinance - Introduction and first reading of an
ordinance repealing Title IV, Chapter 13E (Water Conservation) of the Tiburon
Municipal Code, and adoption of regulations contained in Marin Municipal Water
District ordinance (Ordinance No. 414) regarding water-efficient landscapes and water
conservation (Director of Community Development Anderson)
Director Anderson said that the Town adopted a Water Conservation chapter of its Municipal
Code in 1990, focusing primarily on landscape requirements. He said that recent changes in
State law have now rendered those regulations obsolete and new and stronger provisions are
mandated. Anderson said the proposed ordinance before the Town Council would repeal the
current Town regulations with respect to Water Conservation and adopt by reference Marin
Municipal Water District (MMWD) water conservation regulations.
In his staff report, Anderson described projects to which the new regulations would apply:
Town Council Minutes #03 -2010 March 3, 2010 Page 12
(1) New construction and rehabilitated landscapes for public agency projects and
private development projects with a landscape area equal to or greater than 2,500
square feet requiring a building permit, plan check or design review; and
(2) New construction and rehabilitated landscapes that are developer-installed in
single family, two-family and multi-family residential projects with a landscape
area equal to or greater than 2,500 square feet requiring a building permit, plan
check or design review; and
(3) New construction landscapes that are homeowner-provided and/or homeowner-
hired in single family, two-family, and multi-family residential projects with a
total project landscape area equal to or greater than 5,000 square feet requiring a
building permit, plan check or design review
Anderson said that the Town's ordinance would designate MMWD, the local water provider, to
implement, enforce, and monitor the requirements of the ordinance, as is permitted under state
law. He said this was the same approach used by the other municipalities in the MMWD service
area.
Councilmember O'Donnell asked whether the Tiburon Fire Protection District had vetted these
new regulations. He said that it would be unfortunate if the MMWD regulations did not match up
with local fire district regulations, and he gave an example from his own experience to illustrate
this point.
Councilmember Fraser asked whether it was possible that the two agencies (MMWD and fire
districts) would have different standards.
Anderson said that the Councilmember O'Donnell's landscaping project had been subject to the
fire district's WUI (Wildland Urban Interface) regulations which were new at the time and had
not yet been reflected in MMWD's water conservation regulations.
Council concurred that knowing that all involved agencies were "on board" would be useful prior
to adoption of a new ordinance.
Staff recommended that the Council hold first reading of the ordinance and then, prior to
adoption, staff would report on the requested information (on March 17, 2010).
Mayor Collins opened the hearing for public comment. There was none.
Mayor Collins closed the public hearing.
MOTION:
Moved:
Vote:
To read the ordinance by title only.
Slavitz, seconded by Fraser
AYES:
Unanimous
Town Council Minutes #03 -2010 March 3, 2010 Page 13
Mayor Collins read, "An Ordinance of the Town Council of the Town of Tiburon repealing Title IV,
Chapter 13E (Water Conservation) of the Municipal Code and adopting a new Title IV, Chapter 13E
(Water Efficient Landscape) and adopting by reference Marin Municipal Water District (MMWD)
Ordinance No. 414 regarding Water Conservation."
MOTION: To pass first reading of the amended Water Conservation Ordinance.
Moved: Fredericks, seconded by Fraser
Vote: AYES: Collins, Fraser, Fredericks, O'Donnell, Slavitz
5. Amendments to Fee Schedules - a) Consider adoption of a resolution making various
amendments to the Town's Community Development Fee Schedule and Schedule of
Miscellaneous Services; b) Consider adoption of amended Animal Control Fees
consistent with those adopted by the County of Marin and municipalities of Marin
County (Director of Community Development Anderson)
Director Anderson described proposed revisions to the fee schedule used by the Community
Development Department and Administrative Services Department and adoption of an updated
fee schedule for animal control services. He summarized the Community Development and
Administrative Services fee modifications in his staff report:
➢ Create line items for Tidelands Permits and over-the-counter design review permits,
which are new permit types contained in the updated Zoning Ordinance
➢ Modify sign permit fees to reflect the recently-updated Sign Ordinance provisions
➢ Updates to reflect current State Department of Fish & Game pass-through CEQA fees
➢ Create a line item for Special Event Permit processing fees (Town Clerk)
➢ Create a line item for Certification of Copies (Town Clerk)
➢ Increase the cost of a Residential Resale Inspection (RBR) by $100
➢ Create a line item for the State Building Standards Commission pass-through fee
Anderson said that all of the above would be minor changes to the fee schedule. He said there
were no increases in building fees based on project valuation and no increases in zoning permit
fees or hourly rate schedules.
The Director went on to say that there was actually a fee reduction, in some cases. He said that
there would be a reduction of the cost of a applying for a sign, for example, under the Town's
new sign ordinance.
Animal Control Services Fee Schedule
Director Anderson said that the Marin County Board of Supervisors adopted an amended fee
schedule for Animal Control in December 2009. He said that since these services were provided
by the Marin Humane Society under a Joint Powers Agreement, all cities in the county must
adopt the same fee schedule in order for new fees to become effective. Anderson said that all
Town Council Minutes #03 -2010 March 3, 2010 Page 14
other municipalities in the County had now adopted these updated fees, and that the fee updates
were generally in the form of minor fee increases.
Councilmember O'Donnell commended staff for a reduction in the sign application fee, and he
said that it would encourage compliance. He also said that not raising building fees was
commendable, especially in the current economic environment.
Mayor Collins agreed, and noted that it was seldom seen that prices go down.
Mayor Collins opened the hearing for public comment. There was none.
Mayor Collins closed the public hearing.
MOTION: To adopt the resolution amending Town fee schedule.
Moved: Fraser, seconded by O'Donnell.
Vote: AYES: Unanimous
MOTION: To adopt the amended Animal Control fee schedule.
Moved: Fredericks, seconded by Slavitz
Vote: AYES: Unanimous
TOWN COUNCIL REPORTS
Councilmember Fredericks said that she had participated in a conference call with the State
Department of Agriculture concerning the Light Brown Apple Moth. She said the Department
had posted the EIR on its website; she also reported that its current policy was not to spray but to
use the twist tie, and sterilization methods to control the pest.
TOWN MANAGER'S REPORT
Town Manager Curran noted the upcoming Town Council Staff retreat scheduled for March 23rd
at Servino's Restaurant. -
WEEKLY DIGESTS
• Town Council Weekly Digest -January 22, 2010
• Town Council Weekly Digest -February 12, 2010
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor Collins
adjourned the meeting at 9:17 p.m. to a continuation of the closed session.
Town Council Minutes #03 -2010 March 3, 2010 Page 15
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Section 54956.9(a))
Bonander v. Town of Tiburon
Town of Tiburon v. All Persons Interested (Del Mar Valley Undergrounding)
Mostyn v. Town of Tiburon et al.
Council reconvened in open session.
Councilmember Slavitz was absent.
CLOSED SESSION ANNOUNCEMENT, IF ANY
Mayor Collins said there was nothing to report.
There being no further business before the Town Council of the Town of Tiburon, Mayor Collins
adjourned the meeting at 10 p.m.
i a
RICHARD COLLINS, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Town Council Minutes #03 -2010 March 3, 2010 Page 16