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HomeMy WebLinkAboutTC Min 2003-12-03 r-. 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, December 3, 2003, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Berger, Fredericks, Gram, Slavitz, Thompson PRESENT: EX OFFICIO: Town Manager McIntyre, Town Attorney Danforth, Director of Community Development Anderson, Planning Manager Watrous, Director of Public Workslfown Engineer Echols, Chief of Police Odetto, Police Lieutenant Hutton, Director of Administrative Services McVeigh, Administrative & Financial Analyst Stott, Town Clerk Crane Iacopi ORAL COMMUNICATIONS -- None. CONSENT CALENDAR Mayor Slavitz said that Item No.6 would be continued and he removed Item No. 10 from the agenda for discussion. I. Recommendation by Town Clerk - Certification of November 4, 2003 Election Results a) A Resolution of the Town Council ot:the Town of Tiburon Certifying the Results of the General Municipal Election Held in the Town ofTiburon on November 4, 2003 for the Purpose of Electing Two Town Councilmembers 2. Recommendation by Town Clerk - Adoption of Annual Town Appointments List 3. Recommendation by Director of Administrative Services - Update Town Signature Authority a) A Resolution of the Town Council of the Town of Tiburon Authorizing the Signing and Endorsing of Checks and Other ,,--. Town Council Minutes # 22-2003 December 3, 2003 Page 1 /' Instruments of Payment and Access to Documents Retained in Safekeeping 4. Recommendation by Director of Administrative Services - Accept Town Audit Report for Fiscal Year Ending June 30, 2003 5. Recommendation by Director of Administrative Services - Accept Town Investment Report for October 2003 6. Recommendation by Administrative & Financial and Analyst - Update Hourly Rate Schedule for Town Persounel a) A Resolution of the Town Council of the Town of Tiburon Adopting a Revised Hourly Rate Schedule for Town of Tiburon Personnel 7. Recommendation by Planning Manager - Resolution Memorializing Council Action in the Appeal of Design Review Board Decision Pertaining to 81 East View Avenue a) A Resolution of the Town Council of the Town of Tiburon Memorializing the Granting of an Appeal by Jeffrey Kaiser Of the Denial of Site Plan and Architectural Review for Property located at 81 East View Avenue - 8. Recommendation by Director of Public W orksffown Engineer - Accept as Complete Fiscal Year 2003 Drainage Program 9. Recommendation by Director of Public Worksffown Enginecr - Authorize Budget Amendment a) Greenwood Beach Drainage Channel Restoration Project b) South of Knoll Playground Tile Program c) Public Works Corporation Yard Roof Repair 10. Recommendation by Town Manager - Interpretation of Management and Mid- Management Compensation Resolutions 11. Recommendation by Mayor - Recognition of Outgoing Councilmember Thompson a) A Resolution of the Town Council of the Town of Tiburon Recognizing and Commending Andrew Thompson for His 12 Years of Service to the Town of Tiburon and The Tiburon Town Council /' Town Council Minutes # 22-2003 December 3. 2003 Page 2 /' MOTION: Moved: Vote: To adopt Consent Calendar Item Nos. 1,2,3,4,5,7,8,9 and 11, above. Gram, seconded by Fredericks AYES: Unanimous Item No. 10 - Recommendation by Town Manager - Interpretation of Management and Mid- Management Compensation Resolutions Town Manager McIntyre said that the mechanism that would allow Town Staff to receive the pay raises and adjustments approved by the Council in June 2003 on January 1,2004 was the subject of some interpretation. McIntyre said that the language contained in the budget resolutions stated that if the Town had "knowledge" of receipt of certain revenues as of December 1, 2003, it would implement these adjustments. He said that both he and the Town Attorney agreed that the language should be interpreted based on the fact of there was an adopted State budget as of December 1, 2003. He said that even though Governor Schwarzenegger had repealed the Vehicle License Fee, he had promised to "back fill" the amount that would come to the cities. McIntyre noted, however, that the Town had never "counted on" the VLF as a revenue stream in the current year's budget, and he asked that Council affirm the interpretation of the resolutions, as described above. He said that the net increase to the Town's budget was approximately $10,000. - Councilmember Gram said that he disagreed with the Town Manager's interpretation. He said that no one could say for sure that the VLF would be backfilled. However, he said that the Town was in good shape financially, with a sound budget, and that the Council should approve the raises for Staff. Councilmember Berger agreed that it was difficult to know what would happen in the future but that the $10,000 increase was an appropriate expenditure for the people who are responsible for the fmancial management and operations of the Town. Councilmember Thompson concurred, noting that the Council had planned to exclude the VLF all along and that the Town was prudent to have 25% of its revenues in reserve. Mayor Fredericks agreed with all of the above comments. She said that using the possibility of a VLF back-fill was not a good rationale for proceeding with the recommended action but that the other reasons were. She also said that the Town would know the amount of property tax revenues it would receive within the next two weeks. MOTION: To uphold the Management /Mid-Management Compensation resolutions, as adopted (Consent Calendar Item No 10). Thompson, seconded by Berger AYES: Unanimous /' Moved: Vote: Town Council Minutes # 22-2003 December 3, 2003 Page 3 ~ PUBLIC HEARING 12. Recommendation by Town Manager - Adopt Animal Services Ordinance & Approve Fee Schedule Second Reading and Adoption of Ordinance a) An Ordinance of the Town Council of the Town of Tiburon Repealing Chapter 20 (Animals and Fowl) of the Tiburon Town Code and Adopting a New Chapter 20 (Animals) of The Tiburon Town Code b) A Resolution of the Town Council of the Town of Tiburon Adopting a Fee Schedule in Conjunction with Adoption of Chapter 20 (Animals) of the Town Code Director of Community Development Anderson said that the Council had held a public hearing and passed first reading of the ordinance on November 19. He said that the change requested by Council at that meeting had been incorporated into the new ordinance. This included a revised description of the area where dogs are to be leashed in the South Knoll Park (Section 20-2.175). - Mayor Slavitz opened the public hearing. Councilmember Berger posed the question of whether a prohibition against feeding pigeons and seagulls should be added to the ordinance. Director of Community Development Anderson replied that these types of animals were already included in Section 20.2.226 which prohibits the feeding of "non-captive wild or undomesticated An;mals," There being no further public comment, Mayor Slavitz closed the public hearing. MOTION: Moved: Vote: To read ordinance by title only. Fredericks, seconded by Berger AYES: Unanimous Mayor Slavitz read, "An Ordinance of the Town Council of the Town of Tiburon repealing Chapter 20 (Animals and Fowl) of the Tiburon Town ofTiburon Town Code and adopting a new Chapter 20 (Animals) of the Tiburon Town Code." MOTION: Moved: Vote: To adopt new Animal Ordinance (Chapter 20). Fredericks, seconded by Gram A YES: Berger, Fredericks, Gram, Slavitz, Thompson /""'. Town Council Minutes # 22-2003 December 3, 2003 Page 4 ~ Financial Analyst Stott addressed the issue of fees associated with implementation of the ordinance. He said that an updated fee schedule had been recommended by the Marin Humane Society and included a number of increases that would more accurately cover the costs of providing these mandated services to the cities and towns of Marin. Mr. Stott estimated that the new fee schedule would save the Town approximately $3,600 per year. MOTION: Moved: Vote: To adopt the resolution adopting a new fee schedule. Fredericks, seconded by Thompson AYES: Unanimous REGULAR AGENDA 13. Report by Town Attorney - Status Report on MERA Litigation (no report attached) Town Attorney Danforth said that all of the parties had now filed their responses to MERA's appeal in the First District Court of Appeals and that a hearing would likely take place in March 2004. She also said that MERA was recruiting new legal counsel. Mary Ellen Wetlesen, 101 Mt. Tiburon Road, asked for a description of the legal basis of the Town's reply brief. _ Ms. Danforth said that in summary, the Town had continued to maintain its position that it had the sole authority to issue land use permits and that specifically, MERA had failed to exercise its right of appeal by not challenging the "stop work" order issued by the Town for construction [initiated by MERA] at the Mt. Tiburon site. Mayor Slavitz thanked Ms. Danforth and acknowledged her for her hard work and competency in this matter on behalf of the Town. Councilmember Gram asked the Town Manager and Town Attorney to continue to press MERA for an amount that it had spent litigating the matter to date. COUNCIL COMMITTEE AND COMMISSION REPORTS Town Manager Mcintyre said that Mayor Slavitz had sent a letter to the Governor asking that the amount of the repealed VLF owed to the cities be "backfilled" by the State. Mayor Fredericks said that she had attended a meeting where Assemblyman Joe Nation had asked the question of where the State would get the money to do this. The Mayor said that she had suggested that it was "not the cities' problem," but rather a problem of other sources. ,,--. Town Council Minutes # 22-2003 December 3, 2003 Page 5 /" WRITTEN COMMUNICATIONS Town Council Weekly Digest - November 21,2003 Town Council Weekly Digest - November 28, 2003 Town Manager McIntyre asked the Council to take note of a memo from the Town Engineer regarding some prototype light shields that had been installed on the street lights along Tiburon Boulevard in the downtown area. He asked for their comments. SPECIAL PRESENTATION Mayor Slavitz presented Councilmember Thompson with the Council's resolution of commendation, along with certificates of recognition from Senator Barbara Boxer, Assemblywoman Lynn Woolsey, State Senator John Burton and State Assemblyman Joe Nation. TOWN COUNCIL COMMENTS Outgoing Mayor Slavitz reflected on the years he had known Councilmember Thompson and their shared interest in local issues which had gotten them both involved in local government. Councilmembers Gram, Berger and Fredericks also added their remarks. ~ Councilmember Thompson gave his farewell speech and thanked his fellow Councilmembers, past and present, and Town Staff, for making his 12 years on the Council so memorable. Thompson made several predictions for the future: 1) that the trestle at Blackie's Pasture would be rebuilt as a bikeway; 2) that the old railroad tunnel would be re-opened to connect Tiburon to Corte Madera; 3) that a footbridge would be built across the Railroad Marsh to connect the Tiburon Peninsula Club to downtown; 4) that local kids would all be walking or biking to school; and 5) that the Martha Property would never get their application filed or approved. He made several other predictions, including the likelihood that cities and towns would have increasing battles with the State over [increased] housing densities. But he also envisioned that the MERA antenna would someday be located on Angel Island. Finally, Thompson introduced his extended family and thanked them for their support. ADMINISTRATION OF OATH TO COUNCILMEMBERS ELECT Town Clerk Crane Iacopi administered the oaths of office and presented the Certificates of Election to Councilmembers Slavitz and Smith. ,-, Town Councii Minutes # 22-2003 December 3,2003 Page 6 ,~ SEATING OF THE NEW TOWN COUNCIL Councilmembers Slavitz and Smith took their seats at the dais. Slavitz commented upon his year as Mayor, which was followed by remarks from his fellow councilmembers who praised him for his "gracious spirit and genteel style." ELECTION OF MAYOR Outgoing Mayor Slavitz conducted the election. Councilmember Gram said that he would like to nominate his "friend and compatriot," Alice Fredericks. Mayor Slavitz said that he had "never seen anyone get involved so quickly on so many issues." MOTION: Moved: Vote: To nominate Alice Fredericks for Mayor. Gram, seconded by AYES: Unanimous ELECTION OF VICE MAYOR - Mayor-elect Fredericks opened the floor to nominations. Councilmember Slavitz said that he would like to nominate fellow Councilmember Berger, whom he described as "bright, humorous and competent." MOTION: Moved: Vote: To nominate Miles Berger for Vice Mayor. Slavitz, seconded by Gram AYES: Unanimous ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Fredericks adjourned the meeting at 8:25 p.m., in memory of Trudy Kleinert, wife offormer Town Manager Bob Kleinert, and friend to many. The next regular meeting of the Town Council will be.held on January 7, 2004. /~ /I~; /l.. ~,-J ALICE F RICKS, MAYOR ,-, Town Council Minutes # 22-2003 December 3, 2003 Page 7 ~ ~ ,-, Town Council Minutes # 22-2003 December 3, 2003 Page 8