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HomeMy WebLinkAboutTC Min 2004-01-21 --- -" lur> L iC ( () ry /""' TOWN COUNCIL MINUTES CALL TO ORDER Mayor Frede~nc Call. e d theregW.~,.,' eeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesda , January 21, 2004, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, Cali ornia. . ROLLCALL PRESENT: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: Berger, Fredericks, Slavitz, Smith Gram PRESENT: EX OFFICIO: Town Manager McIntyre, Town Attorney Danforth, Director of Community Development Anderson, Director of Public Works/Town Engineer Echols, Chief of Police Odetto, Police Lieutenant Hutton, Director of Administrative Services McVeigh, Administrative & Financial Analyst Stott, Town Clerk Crane Iacopi ,-. TffiURON REDEVELOPMENT AGENCY CALL TO ORDER Boardmembers Slavitz, Boardmember Smith, Vice Chair Berger, and Chair Fredericks were present; Boardmember Gram was absent. ORAL COMMUNICATIONS None. NEW BUSINESS 1. Adoption of Minutes of June 18, 2003 MOTION: Moved: Vote: To adopt Minutes as written. Berger, seconded by Slavitz AYES: Berger, Fredericks, Slavitz ABSENT: Gram ABSTAIN: Smith ,,--. Town Council Minutes # 02-2004 January 21,2004 Page I ,,-.. 2. Accept Audit for Fiscal Year Ending June 30, 2003 MOTION: Moved: Vote: To accept above audit. Berger, seconded by Slavitz A YES: Berger, Fredericks, Slavitz, Smith NOES: None ABSENT: Gram ADJOURN and reconvene as the Tiburon Town Council TIBURON TOWN COUNCIL CALL TO ORDER AND ROLL CALL Councilmember Slavitz, Councilmember Smith, Vice Mayor Berger, Mayor Fredericks were present; Councilmember Gram was absent. ORAL COMMUNICATIONS Gary Chan, Chair of the "Citizenship of Community" committee, introduced members of a local ~ Boy Scout troop who were in the audience observing the proceedings in order to receive their merit badges in local government. CONSENT CALENDAR I. Approval of Town Council Minutes - January 7, 2004 2. Appointments to Town Boards, Commissions & Committees a) Ratification of Reed Union School District Board Parent Liaison to Belvedere- Tiburon Library Agency Board of Directors - (Stephanie Pugash) 3. Recommendation by Director of Community Development - Approval and Authorization for Budget Amendment to Install New Bus Shelter on South Side of Tiburon Boulevard Near Ned's Way MOTION: Moved: Vote: To adopt Consent Calendar Item Nos. 1-3, above. Berger, seconded by Slavitz AYES: Unanimous ABSENT: Gram ,,-.. Town Council Minutes # 02-2004 January 21,2004 Page 2 /"'- REGULAR AGENDA 4. Recommendation by Director of Administrative Services - Review of Mid-Year Financial Reports Director Bigall gave highlights from the mid-year report. She said that the Town's financial condition continued to be excellent, although its operating surplus not as great as prior years. She estimated the operating surplus at fiscal year end to be $414,000. Ms. Bigall also said that key revenues were at budget or slightly better at mid year, and that Staffhad not included the VLF back-fill in the current fiscal year's budget at Council's direction. Town Manager McIntyre said that there would be further discussion of related budget policy issues at the upcoming Council/Staff retreat on January 29. MOTION: Moved: Vote: To adopt the report, as presented. Slavitz, seconded by Berger AYES: Unanimous ABSENT: Gram 5. Recommendation by Chief of Police - Revised Alarm Permit Fee Schedule r"' a) A Resolution of the Town Council of the Town of Tiburon Adopting a Revised Alarrn Permit Fee Schedule for the Police Department of the Town of Tiburon Chief of Police Odetto said there were 1100 alarms with permits in Tiburon. He said that the police had responded to 682 false alarms in 2003,16 of which had exceeded the allowance of first three "free." He said that false alarms required the response of a minimum of two officers with an elapsed time of 30 minutes. In addition, he said that there was Staff time of approximately 10 minutes to write follow-up reports. The Chief of Police recommended an increase in the false alarm penalty fee which would be raised from $100 to $250 for the fourth incident. He said that this was consistent with the Town's policy on cost recovery, although the Council could choose to subsidize all or a portion of the cost if it so desired. Councilmember Slavitz said that the report seemed to accurately calculate the costs of responding to false alarms but asked why the penalties should not kick in after one or two false alarms. The Chief replied that it would take up too much Staff time to send out invoices for just the first or second false alarm. ,-, Vice Mayor Berger wondered whether an increase in the penalties would cause residents or merchants to disable their alarm systems, thereby defeating the purpose of such alarms. The Town Council Minutes # 02-2004 January 21,2004 Page 3 /""' Chief said that it was the policy of the Police Department to work with repeat offenders to help them determine whether there was a mechanical problem or human error that was causing the false alarms. Mayor Fredericks stated that some security companies gave alarm owners the option of having the alarm notify the security company before the police were called. Chief Odetto said that such an arrangement would have to be worked out between the vendor and the property owner. However, the Chief said that the Police Department could make the suggestion in the renewal notice it sent out to permit holders each year. Mayor Fredericks commented that if property owners indeed had that option, it made the fee and penalty schedule seem even more reasonable. Mayor Fredericks opened the public hearing. There was no public comment on the matter. MOTION: Moved: Vote: To adopt the above resolution. Slavitz, seconded by Berger AYES: Unanimous ABSENT: Gram PUBLIC HEARING T' Council moved to take the following items out of order: No. 10 (proposed Jet Ski ban); No.9 (proposed Trestle Glen Bikeway). After hearing these items, the Council returned to Item Nos. 6, 7 & 8 on the agenda. 6. Recommendation by Administrative & Financial Analyst - Update Hourly Rate Schedule for Town Staff a) A Resolution of the Town Council of the Town of Tiburon Adopting a Revised Hourly Rate Schedule for Town of Tiburon Personnel Analyst Stott said that the scheduled reflected increases in Staff salaries and benefits since the last year's resolution was adopted. In response to a question from Councilmember Smith, Stott said that the increased ranged from zero to 8.65%. Mayor Fredericks opened the public hearing. There was no public comment. MOTION: Moved: Vote: To adopt the above resolution. Slavitz AYES: ABSENT: Unanimous Gram ,,--. Town Council Minutes # 02-2004 January 21, 2004 Page 4 I"'"' 7. Recommendation by Director of Community Development - Annual Development Fee Report Director Anderson said that the annual report, required by State Law, was for public facilities fees charged to development projects as a condition of approval. He said that the Town's public facility fees included a Circulation System Fund and a Planning Area Mitigation Fund for a) improvements within the Town limits and b) for improvements within the Town's planning area. He stated that the current fund balances were $163,000 and $217,000, respectively. In addition, Anderson said that the Street Impact Fund had $600,000 and was one of the primary funds used to maintain the streets within the Town of Tiburon. The other funds discussed by the Director were the Property Development Fund, with $24,000, and the Affordable Housing In-Lieu Fund, which contained approximately $1.3 million at the end of the 2003 fiscal year. In response to a question from Vice Mayor Berger, Anderson said that the housing in-lieu fee amounts were determined by a formula contained in the Town's zoning ordinance, the premise of which was how much it would cost to construct one unit of housing. He said this formula assumed a certain size unit and income range of occupants and was estimated to cost $200,000 - $300,000 per unit. ,,--. In addition, Anderson said that the housing in-lieu fees were not levied on individual property owners, just on developers of subdivisions (of more than two units). The Vice Mayor said there was a perception by some residents that the Town should fix the streets in their neighborhood once a project was completed. He said that the residents were unaware that the fees collected went into the Town's general fund (for street repair) rather than being earmarked for damage caused to particular roadways by a particular project. Director of Public Worksffown Engineer Echols said that there were other ways to address the damage caused by particular projects, such as the Town withholding a final occupancy permit until certain repairs were made. The Director also stated that the Town reviewed its Pavement Management System (PMS) every three years to retain its certification with Metropolitan Transportation Commission (MTC), and that newly damaged streets should "theoretically" rise to the top of the list. Councilmember Slavitz noted that the Town's Pavement Management System (PMS) called for approximately a half million dollars per year for street maintenance and repair. Vice Mayor Berger asked that Staff make a special effort to educate the public on the entire street repair and funding process. ,,--. Town Council Minutes # 02-2004 January 21, 2004 Page 5 /"" Mayor Fredericks opened the public hearing. John Kern, Stewart Drive, said that the Council should consider levying a fee on various utility companies, such as Cable TV, PG&E, MMWD and Mill Valley Refuse, for damage caused to roads by their trucks and heavy equipment. Town Manager McIntyre said that although the franchise fees for Mill Valley Refuse were set by the Town, most of the other franchise fees were regulated by the Public Utilities Commission. Mr. Kern gave an example of damage caused to roadways by construction. He stated that just prior to the Town adopting its Street Impact Fee (levied on individual property owners through the Building Permit process), a project on Hacienda Drive had a total of 286 trips up Stewart Drive by concrete trucks. Mayor Fredericks closed the public hearing. MOTION: Moved: Vote: To accept the Annual Development Fee report. Smith, seconded by Slavitz A YES: Berger, Fredericks, Slavitz, Smith ABSENT: Gram 8. Recommendation by Director of Community Development - Housing In-Lieu Fee /"" Report and Findings a) A Resolution of the Town Council of the Town of Tiburon Making Certain Findings Regarding Fees Collected for Affordable Housing Purposes Director Anderson said that Housing In-Lieu Fee Report and Findings was required every five years by the State. He said that the Town had spent more than it had taken in over the last 20 years (over a million dollars) and had successfully developed three affordable housing sites. He said that several more potential sites had been identified in the Town's draft Housing Element which was slated for adoption with the new Tiburon General Plan in late 2004, and that developers had already expressed an interest in at least three of the new sites. Vice Mayor Berger asked if there was any danger oflosing these funds as a result of the State budget crisis. The Director replied that it was unlikely because the fees were locally generated. However, he said that redevelopment agency housing set-aside monies might be a target. The Mayor said that this would be unlikely, politically. Mayor Fredericks opened the item to the public. There was no public comment. /"" Town Council Minutes # 02-2004 January 21.2004 Page 6 /""' MOTION: Moved: Vote: To adopt the above resolution. Berger, seconded by Smith AYES: Unanimous ABSENT: Gram 9. Recommendation by Director Public Worksffown Engineer - Trestle Glen Bikeway Project: Consider Approval and Adopt Negative Declaration a) A Resolution of the Town Council of the Town of Tiburon approving the Trestle Glen Bikeway Project, Adopting a Mitigated Negative Declaration Therefore, and Adopting a Mitigation Monitoring and Reporting Program for the Project Director Echols gave the report. He said that the Council had accepted the Trestle Glen Bikeway Study prepared by Questa Engineering in May of 2003. Echols said the study was funded by a $60,000 planning grant from the Association of Bay Area Govermnents (ABAG) as part of the San Francisco Bay Trail Development Project. He reviewed some of the components of the study, which called for a separated pedestrian path on the North side of Trestle Glen Boulevard and Class II bicycle lanes along both sides. He said that Questa Engineering had also prepared an Initial Study and draft Mitigation Monitoring and Reporting Program which concluded that this preferred alignment would have only minor r-. environmental impacts, limited to potential impacts on aesthetics, slope stability, riparian habitat and construction noise. Mr. Echols said that a draft Mitigated Negative Declaration for this project had been sent to all property owners and homeowner associations in the vicinity, along with outside agencies in accordance with CEQA and the Town's Environmental Review Guidelines. He noted that the 30-day public review period for the draft Negative Declaration had ended at 5:00 p.m. today and that several letters received on the project were included in the packet as "late mail." The Director recommended that the Council take public comment and approve the project and supporting Negative Declaration and Mitigation Monitoring Program. Mayor Fredericks commented that the project was still in its "conceptual design" phase and that there would be additional design and environmental hearings concerning the project in the future once funding for it has been received. In response to a question from Council about impacts on vegetation in the area, Director Echols said that an arborist would be retained and there would be mitigated screening and landscaping. Echols also stated that all of the improvements were to be within the existing Town right-of-way on Trestle Glen Boulevard. ,,--. Town Council Minutes # 02-2004 January 21, 2004 Page 7 ~ Councilmember Slavitz commented that the project was a result of the Bicycle-Pedestrian Subcommittee's efforts and that the members themselves had sought and received funding for the initial study. Mayor Fredericks opened the public hearing. Gary Chan, Paradise Cay, asked whether improvements could be extended onto Paradise Drive rather than be limited to a two-block area of Trestle Glen Boulevard. Director Echols said that the Town had originally sought a planning grant to study the entire length of Trestle Glen Boulevard, extending onto Paradise Drive and into Corte Madera. Unfortunately, he said that the funding received was limited to the Trestle Glen area only. However, Echols said that this would be a useful segment and that in future, monies might be obtained for additional segments in the County. John Krezenski and his son, Austin, 27 Old Landing Road, spoke in support of the project, noting that Austin had been in a recent bicycle accident on Trestle Glen Boulevard which a bike lane probably would have prevented. Melinda Cox, 20 Turtle Rock Court, also spoke on behalf of her neighbors who supported the project and said that it would be a wonderful improvement to help kids get to school safely. r- Mayor Fredericks closed the public hearing. The Council congratulated BP AC on its successful efforts in identifying the bicycle and pedestrian safety problems on Trestle Glen Boulevard and in moving the project forward. MOTION: Moved: Vote: To adopt the above resolution. Slavitz seconded by Berger AYES: Unanimous ABSENT: Gram 10. Recommendation by Town Attorney - Proposed Ban of Personal Watercraft in Town Waters Introduction & First Reading of Ordinance a) An Ordinance of the Town Council of the Town of Tiburon Adding Chapter 33 to the Town Code Pertaining to the Regulation of Motorized Personal Watercraft within all Shoreline Waters and Estuaries of the Town of Tiburon ,,--. Town Attorney Danforth gave the report, stating that in October 1999 the County of Marin had adopted an ordinance to ban the use of personal watercraft in all County waters. Shortly Town Council Minutes # 02-2004 January 21,2004 Page 8 r" thereafter, according to Ms. Danforth, a lawsuit was filed. Eventually, the Court of Appeals rejected the challenge to the ordinance, ruling that the County's law was facially valid. Ms. Danforth said that the Council then directed Town Staff to move forward in November 2002 with a similar ban. Ms. Danforth said that the Town's proposed ordinance was based primarily on environmental concerns such as air, water and noise pollution. In addition, she said that jet skis were able to navigate in shallow waters which disturbed sensitive wildlife habitat as well as disrupting the quiet use and enjoyment of shoreline park areas by the public. She said that the County's record was substantial and could be reviewed in more detail by the Council, if desired. The Town Attorney said that Town Staffhad initially presented its concerns regarding its abilities to enforce such an ordinance in the Town, if adopted. However, she said that the Chief of Police had determined that the Town could enter into an agreement for the County to enforce the ordinance in Town waters, while the Town could enforce it on land at launching points. Ms. Danforth advised the Council that opponents of the ordinance had asserted that such laws were out of date because the technology of jet skis had changed (from two-stroke to four-stroke engines), such that the noise and water pollution was now equivalent to that of other vessels. Ms. Danforth acknowledged that the Town did not have the in-house expertise required to evaluate these claims. She said that even if the opponents were correct that the new vehicles did not have r" significant noise and water pollution concerns, a lot of users would still have the older models and that banning only older models would create significant enforcement problems. Moreover, Ms. Danforth noted that the newer technology described by the ban opponents would not address the other problematic features of personal watercraft (pWC' s), such as their ability to maneuver quickly in close proximity to shore in sensitive shallow waters near the shoreline. Councilmember Smith asked whether the County would indeed be able to enforce the ordinance and how much would that enforcement cost the Town. Chief Odetto noted that the County and the Town already provided one another with mutual aid in law enforcement but said that enforcement of this ordinance would depend upon the availability and staffing schedule of the [one] Sheriff's boat. Councilmember Slavitz asked whether the ban in Town waters extended through Raccoon Straits to Angel Island and asked whether such a ban made sense. He referred to a letter from the Richardson Bay Regional Agency which had proposed a 1200 foot offshore buffer zone rather than a complete ban. Town Attorney Danforth said that although such a buffer zone had been considered, the confusion over where the buffer zone ended and the issue of where County waters versus Town waters began were examples of the difficulties of enforcing such a ban. ,,--. Town Council Minutes # 02-2004 January 21, 2004 Page 9 ~ Ms. Danforth said that the County had asked the other jurisdictions for consistency in drafting and adopting their ordinances to avoid such issues. Mayor Fredericks opened the public hearing. Helen Muirhead, Paradise Drive, said that she and her husband lived adjacent to the Paradise Cay subdivision (which is in the County of Marin). She said that they were bothered by the noise from jet skis and said that if it became known that the Town had not adopted a ban, Tiburon waters would become a "magnet" for jet skis. Councilmember Smith asked about the frequency of jet skies in her area. Mrs. Muirhead replied that they came into their area several times a day on weekends during the summer months. Fraser Muirhead, Paradise Drive, said the jet skis came "right under" their bedroom and livingroom areas. He also pointed out that he had not noticed a decrement in noise levels from [new model] jet skis in the last five years. Councilmember Slavitz asked Mr. Fraser whether he had noticed any enforcement of the ban by the County in the vicinity of Paradise Cay. Mr. Fraser pointed out on the map where the jet skis exited from Paradise Cay and then came around a bend into the cove on which his home was located, in Tiburon. He said that the shallow -. water in the [Tiburon] cove was where they liked to ride their craft. He said that he had not seen enforcement of the ban in County waters. Mayor Fredericks asked how long the County's ban had been in effect. Town Attorney Danforth said that the litigation was resolved over a year ago. Councilmember Smith asked how many complaints the Town received regarding jet skis. Ms. Danforth said that Staff received periodic complaints from areas such as Paradise Drive and Corinthian Island. Councilmember Berger also noted that the noise from jet skis traveled uphill into his neighborhood, Lyford's Cove/Old Tiburon. Sean Smith, representing the Bluewater Network, said that he had worked on this issue for six years and supported the ban of personal watercraft because of the significant damage to wildlife and resources on waterways. Mr. Smith said that studies showed the operation of personal watercraft promoted greater disruption of behavior in wildlife than other watercraft. Mr. Smith said that in addition to the County of Marin, the Pt. Reyes National Seashore, Golden Gate National Recreation Area, and the Marin Sanctuary at the Farrallon Islands, had banned the operation of personal watercraft. - Town Council Minutes # 02-2004 January 21, 2004 Page 10 /'"'. He also stated that in April of 2000 the National Park Service had closed all but three national parks to jet skis. Mr. Smith said that the argument that the newer jet skies were cleaner and quieter was fallacious and stated that the chemicals discharged by such vehicles (benzene and PHH) were highly toxic. Mr. Smith urged the Council to adopt the ban, which he said also applied to rivers and lakes within the County of Marin, but suggested that the definition of operators be drawn more widely to include "person or persons" (rather than person). He also agreed that a total ban in Town waters would be easier to enforce than a buffer zone. In response to a question from Councilmember Smith, the Bluewater Network representative said that the Lake Tahoe ban was not a complete ban, but rather a prohibition against carbureted two- stroke engine jet skis. He again pointed out that pollution was only one problem associated with personal watercraft and that the impact on wildlife habitats was another. Councilmember Smith asked for clarification on a statistic included in the Staff report on the Dumber of national parks that banned jet skis. Mr. Sean Smith said that the Bluewater Network had sued the National Park Service over its initial [less broad] ban and had won, resulting in just three parks allowing operation of such watercraft at present. ,-, Councilmember Slavitz asked what other cities in Marin had adopted the ban. While these statistics were not readily available, Town Manager McIntyre said that he would raise the issue in the Marin Manager's meeting. Walter Sanford, 49 SeafIrth Place, said that he too was negatively impacted by the operation of jet skis in waters in his neighborhood. He said that the noise impact was worse than any boat because it was constant and repetitive. He also said that he had seen the Jet Ski operators chase birds away and that they came very close to the shore. Andrew Thompson, 18 Southridge East, said that the issue had first come to his attention while he served as the Council representative to the Richardson Bay Regional Agency. He said at that time the RBRA had received complaints from not only Tiburon residents but also from residents of West Shore Road and the Corinthian Island areas in Belvedere. Thompson said that the original plan was to create a buffer zone in Sausalito that extended all the way around Paradise Drive. However, he said that the County of Marin had conducted hearings and decided to adopt an outright ban. Thompson said that he thought operation of the craft farther out in the Bay would be okay but that not to adopt an ordinance over this issue would be a mistake. Mayor Fredericks closed the public hearing. ,-, Town Council Minutes # 02-2004 January 21, 2004 Page 11 ,-, All of the Councilmembers stated their endorsement of the proposed ban, in full or in part. Councilmembers Slavitz and Smith said that they would have favored a buffer zone but noted that since the County had drafted their ordinance as a total ban, anything less would create a problem of enforcement. Vice Mayor Berger reiterated that the noise from jet skis affected hundreds of homes in his neighborhood, in addition to the creating issues of pollution and wildlife disruption. Mayor Fredericks concurred and said that issues surrounding improvements to jet skis had not been resolved; that PWC use conflicted with the Town's passive use of the shoreline and that the shoreline habitats needed protection. The Mayor said that a buffer zone would not draw a clear line for enforcement and that the County's ordinance made it very clear. Council directed the Town Attorney to change the definition of operators in the ordinance from "person" to "person or persons." MOTION: Moved: Vote: To read the ordinance by title only. Berger, seconded by Slavitz AYES: Unanimous ABSENT: Gram ,-, MOTION: Moved: Vote: To pass first reading of above ordinance. Berger, seconded by Smith AYES: Berger, Fredericks, Slavitz, Smith NOES: None ABSENT: Gram COUNCIL COMMITTEE AND COMMISSION REPORTS Councilmember Slavitz reported on the Chamber of Commerce annual breakfast meeting. Councilmember Smith reported that water quality was discussed at the Richardson Bay Regional Agency Meeting and that it looked like it was improving (in the Bay). Mayor Fredericks gave a brief report from the Congestion Management Agency and stated that the sales tax measure was still moving forward for the November ballot. WRITTEN COMMUNICATIONS Town Council Weekly Digest - January 9, 2004 ,-, Town Council Weekly Digest- January 16, 2004 Town Council Minutes # 02-2004 January 21, 2004 Page 12 -- ,""" ,-, ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor F"",",,,, "';0""",, "'" mooting" ,,30 P'~ ALICE FREDERICKS, MAYOR A /~ DIANE CRANE lACOPI, T WN CLERK Town Council Minutes # 02-2004 January n 2004 Page 13