HomeMy WebLinkAboutTC Minutes 2010-11-17TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Collins called the regular meeting of the Tiburon Town Council to order at 7:30 p.m.
on Wednesday, November 17, 2010, in Town Council Chambers, 1505 Tiburon Boulevard,
Tiburon, California.
ROLL CALL
PRESENT:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
PRESENT:
EX OFFICIO:
Collins, Fraser, O'Donnell, Slavitz
Fredericks
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
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY
There was no closed session.
ORAL COMMUNICATIONS
Mayor Collins welcomed and introduced five Redwood High seniors in the audience who had
come to observe the meeting as part of their government class studies.
Mary Ann Blair, Ned's Way, spoke in favor of a plastic bag ban in order to reduce waste and
lessen the harmful impact on the oceans. She said that while a state-wide ban failed to pass the
state legislature, she said she and other volunteers were asking all the cities in Marin to consider
adopting local bans. Ms. Blair said that the Marin County Hazardous and Solid Waste JPA had
advocated in support of such a ban, and that Los Angeles County had just today adopted an bag
ban ordinance.
PRESENTATION
• Marin/Sonoma Mosquito and Vector Control District Annual Report - Roger Smith,
Town representative _
Town Council Minutes #17 -2010 November 17, 2010 Page I
Col. Smith said that since his last report in January, 2010, there had been 600 deaths in Brazil
from mosquito-borne disease, and over one million deaths in Africa. In California, Smith said
there was one death from West Nile virus. Locally, Smith said were 300 calls for service
throughout the year; he said the district used petroleum products, fish, and some pyrethrien
chemicals to treat mosquitoes. Col. Smith said that like many agencies, the district faced a
reduction in income due to unpaid or lower property taxes in the face of increased demand.
Overall, he said the Town had a solid year.
The Council thanked Col. Smith for his service and continued representation of the Town on the
board of the Mosquito & Vector Control District.
Town Clerk Crane Iacopi added that Col. Smith's term was expiring at the end of the year and
the matter of reappointment would appear on the next Town Council agenda.
CONSENT CALENDAR
1. Town Council Minutes - Adopt minutes of October 20, 2010 Regular Meeting (Town
Clerk Crane Iacopi)
2. Town Investment Summary - Accept report for September 2010 - (Director of
Administrative Services Bigall)
3. Citizen of the Year - Adopt resolution commending Jon Rankin upon his selection as
Tiburon Peninsula Chamber of Commerce Citizen of the Year (Town Clerk Crane Iacopi)
4. Supplemental Law Enforcement (COPS) Funding - Adopt resolution authorizing
expenditure of funds for FY 2010-2011 (Chief of Police Cronin)
Councilmember O'Donnell submitted his changes to the October 20 minutes.
MOTION: To approve Consent Calendar Item Nos. 2 through 4, as written; Town Clerk to
correct Item No. 1 (October 20 minutes, to correct statements attributed to Vice
Mayor Slavitz who was absent)
Moved: Fraser, seconded by O'Donnell
Vote: AYES: Unanimous
ABSENT: Fredericks
ACTION ITEMS
1. MCCMC Pension Committee - Consider appointment of Delegate and Alternate to
represent Town of Tiburon on Marin County Council of Mayors and Councilmembers
(MCCMC) committee to study pension reform (Town Clerk Crane Iacopi)
Town Council Minutes #17 -2010 November 17, 2010 Page 2
Town Clerk Crane Iacopi said that at its last meeting, the MCCMC membership had voted to form
an ad hoc committee to study pension reform and post-retirement benefits. She said the MCCMC
President had requested that each city appoint two delegates to the committee, and that the
committee would report quarterly to the group on this issue.
Councilmember O'Donnell said he thought the issue was of critical importance and volunteered
to represent the Town on the committee; Vice Mayor Slavitz volunteered to serve as alternate.
MOTION: To appoint O'Donnell and Slavitz to the MCCMC committee.
Moved: Collins, seconded by Fraser
Vote: AYES: Unanimous
ABSENT: Fredericks
2. Blackie's Pasture Restroom Facility - Consider approval of plans and specifications,
budget amendment, and authorize Town Manager to execute contract with Romtec, Inc.
for installation of an additional restroom facility at Blackie's Pasture (Town Manager)
Director Nguyen gave the report which recommended the use of approximately $203,000 in State
Per Capita Grant Funds for expanded restroom facilities at Blackie's Pasture. He said the grant
had a "soft" grant expiration deadline of December 31, 2010 and a "hard" deadline of March 31,
2011.
Nguyen said staff had been struggling to fast-track the new Joint Recreation Facility project on
Ned's Way, and seek a grant extension, to take advantage of state funding for that effort. He said
it became clear last month, however, that the Ned's Way project would not meet the grant
deadline. He said that staff then simultaneously reviewed two alternative recreation-related
project opportunities: (1) additional restroom facilities at Blackie's Pasture, and (2) installation
of new decomposed granite jogging path on the north side of the MUP at McKegney Green.
According to the Director, the jogging path on the north side of the MUP was evaluated and
determined to be too complex due the need to relocate all the utility vaults situated along that
alignment. He said the south jogging path could be improved at minimal cost at any point,
leaving the additional restroom facility as the most appropriate project for the State Per Capita
Grant Program funding. Nguyen said staff believed it to be the best use of this opportunity and
one that would meaningfully improve the utility of both Blackie's Pasture and McKegney Green.
Nguyen noted that Blackie's Pasture and McKegney Green serve an ever-growing population of
visitors each year, and the existing restrooms located at Blackie's Pasture have been increasingly
subject to over-use, especially on fair weather weekends. He said that last year, Public Works
leased a "port-a-potty", at an approximate cost of $300 per month, to supplement facilities in the
area. Nguyen said a more permanent solution would be to install an adjoining restroom facility
next to the existing facility located beside the Richardson Bay Sanitary District plant.
Town Council Minutes #17 -2010 November 17, 2010 Page 3
To this end, Nguyen said staff had prepared plans and specifications in conjunction with Romtec,
Inc., a vendor of restroom facility "kits" and also the supplier for the current facility in that
location. He said the grant funds would be spent as follows: $162,418 quoted by Romtec, Inc.;
$28,900 for additional appurtenant work; and a $11,400 contingency. He said the new facility
would measure 24 by 21 feet.
Nguyen said that he State Per Capita Grant Program administrator had informed the Town that it
must demonstrate that it has been pursuing development of this project so that the expenses of
the project can be fully reimbursed by the final end date of the grant on March 31, 2011. Nguyen
said that staff would aggressively follow these steps in order to comply with the timeline and
obtain reimbursement:
• As soon as possible after Council amendment of the FY 2010-2011 budget (if approved),
staff will enter into a contract with Romtec, Inc. for the kit.
• After entering into contract, Public Works crews will break ground for the project by
clearing the project site of vegetation and perform rough grading.
• The Planning Commission will conduct a public hearing on December 8, 2010 for the
project and consider approval of a CUP; a staff-level design review will be processed
simultaneously and will be scheduled for approval immediately following approval of the
CUP by the Commission.
• Receipt of the kit from Romtec, Inc. is estimated to take 6 to 8 weeks. Staff anticipates
receiving it in late January 2011, at which time staff would invoice the State Per Capita
Grant Program for the cost. By taking this step, the Town should be able to demonstrate
a good faith effort to complete the project and recover the majority, if not all, of the
project expenses.
Nguyen said that an appeal of a Planning Commission CUP approval could further delay the
project timeline. He said that if substantial completion of the project cannot be achieved by the
March 2011 deadline, the grant funding could be completely rescinded. He said that even though
there was adequate time to obtain permits and perform the construction, there remained the
possibility that the grant funds could somehow be compromised and the Town would have to
fund all or a portion of the project on its own.
Finally, Director Nguyen said that Staff has preliminarily determined that the project is exempt
from CEQA pursuant to Section 15303 of the CEQA Guidelines, in that the project is for new
construction or conversion of small structures.
Director Nguyen recommended that the Town Council take the following actions:
Town Council Minutes #17 -2010 November 17, 2010 Page 4
1) Move to approve the plans and specifications for the Blackie's Pasture Restroom
Facility Installation Project;
2) Move to authorize a FY 2010-201 lbudget amendment of $203,000 (Capital
Improvements) for the project; and
3) Move to authorize the Town Manager to negotiate and execute the necessary contracts
with Romtec, Inc. and others to construct the project.
Mayor Collins opened the matter for public comment. There was no public comment.
Vice Mayor Slavitz said that he could see the benefits of the project as well as the "downside" in
that the Town might have to cover the entire cost if the project missed the grant funding deadline.
Director Nguyen said that while this was a possibility, there was an element of "good faith" to
the grant process; at the very least, he said the State Grant Administrator would at least pay for
the restroom if it was built by that date.
Councilmember Fraser said he had heard of the "mischief' to and problems in maintaining the
existing restroom facility. He asked whether maintenance of the new facility would add to the
Public Works Department budget.
Director Nguyen said the facility would negate the cost of the $300-per-month porta-potty rental.
He added that the Town currently pays a janitorial service to maintain the restrooms on peak
weekends. Nguyen estimated that the new facility would represent a small incremental cost in
maintenance.
Mayor Collins recommended adding penalty provisions to the Romtec, Inc. contract in order to
guarantee delivery within the 6-8 week timeframe and expedite installation (for instance, two
weeks after delivery). Councilmember O'Donnell suggested another idea, using cash payment
incentives, to expedite the process. Nguyen said these ideas could be explored and negotiated
with the vendor.
Town Manager Curran said that if Council approved the project tonight, Town staff would move
almost immediately forward on the contract and project.
Mayor Collins also asked whether there were utilities located in the area of the new facility.
Nguyen said that there were existing sewer laterals.
The Mayor asked if $203,000 was the entirety of the grant. Nguyen said that it was the remaining
portion of a previous grant received by the Town six years ago.
In response to a question from Vice Mayor Slavitz about the possibility of the CUP being
appealed, Director Anderson commented that staff had already contacted at least once interested
neighbor, Bruce Abbott, about the proposed facility, and he appeared not to have concerns. Mr.
Anderson stated that with the original restroom building proposal in the 1990's, neighbors had
Town Council Minutes #17 -2010 November 17, 2010 Page 5
expressed concerns about possible glare, noise, and visibility issues; he noted that the existing
restroom is fully screened from those homes and none of the potential impacts had materialized.
He expressed confidence that the additional bathroom facility would also be well-screened and
that it was unlikely to be met with objections from neighbors, given the success of the original
restroom facility.
MOTION: To approve the plans and specifications, budget amendment, and authorize the Town
manager to negotiate and execute the contract for the new restroom facility at
Blackie's Pasture.
Moved: Slavitz, seconded by O'Donnell
Vote: AYES: Unanimous
ABSENT: Fredericks
PUBLIC HEARINGS
1. Open Space Resource Management Plan - Consider adoption of the Plan and a Mitigated
Negative Declaration (Director of Community Development Anderson; Director of Public
Works/Town Engineer Nguyen)
Director Anderson reported that the Town of Tiburon owned over 252 acres of open space land
that was widely distributed throughout the Tiburon Peninsula. He said the Town had acquired
these open space lands by differing means over time--approximately 148 of these acres were
secured by dedication in fee as a condition of development project approvals, while 104 acres
were purchased with 1972 Open Space Bond monies.
Beginning about 1970 with the advent of the nation-wide "open space movement", Anderson
said the Town of Tiburon focused on acquisition in fee title of open space lands for public use.
Between 1970 and 1985, the Town acquired virtually all of the 252 acres of open space land that
are the subject of the Open Space Management Plan. However, he said very few resources were
allocated over the years toward stewardship, management, or maintenance of these lands.
Anderson said that from 1986 forward, due primarily to liability concerns, the Town shifted its
focus from fee title acquisition of open space lands to preservation as "private open space". The
standard mechanism for the past 25 years has been for the Town to secure an open space or
conservation easement over developing lands to act as an enforcement mechanism for their
continued preservation as open space.
Anderson said the Town had sometimes obtained discrete public trail easements over these
private open space holdings for public access purposes, such as for the Tiburon Ridge Trail.
Since 1986, the Town has accepted almost no open space (only 0.6 acres) as a public dedication
in fee title. However, the Town has supported, both politically and financially, public acquisition
of open space lands on the Tiburon Peninsula by larger entities such as the Marin County Open
Space District (MCOSD). He said the most prominent examples were Ring Mountain Nature
Preserve and the Old St. Hilary's Open Space Preserve
Town Council Minutes #17 -2010 November 17, 2010 Page 6
In a change of direction regarding maintenance of its open space lands, Anderson said the Town
Council established its Open Space Management Reserve Fund in 2005. Each year since, the
Town has appropriated and expended modest capital improvement funds for open space
management purposes. Overgrown fire roads have been cleared and repaired, invasive species
removal to reduce fire fuel loads has been initiated, and work has begun in areas where rare and
endangered plant species exist and are threatened by invasive plants.
But Anderson said that early on, a need for a comprehensive inventory and a plan to help
prioritize the Town's limited resources for open space management was recognized. In July
2008, Anderson said the Town Council authorized the preparation of an Open Space
Management Plan (OSMP) to address the vast majority of the Town's open space lands. He said
the firm of LSA Associates of Point Richmond was retained to prepare the OSMP, and a draft
document was distributed to the Town Council in September, 2010.
Anderson noted that the OSMP did not address management of Angel Island State Park, nor any
of the Town's parks, such as Blackie's Pasture/Richardson Bay Lineal Park, Shoreline Park, or
Zelinsky Park, nor does it address the following other open space lands in Tiburon:
1. Those open space lands owned and maintained by the Marin County Open Space District,
including the Ring Mountain Nature Preserve, the Tiburon Uplands Preserve, and the
several parcels comprising the Old St. Hilary Open Space Preserve;
2. Railroad Marsh, which is a wetland (as opposed to upland) open space and which already
has an adopted management plan prepared for the Town by wetlands experts;
3. Privately-owned open space lands over which the Town has only easement rights.
Purpose and Emphasis of the OSMP
Director Anderson said the primary purposes of the OSMP are to: 1) Provide an inventory and
description of each open space area; 2) Identify the management issues associated with each open space
area; and 3) Prioritize for the most effective and efficient use of limited Town resources available for
open space management. He said that the Department of Public Works would use the document as a
priority-setting tool in planning its capital improvement budgets in coming years.
Anderson noted that the primary emphasis of this OSMP is management of vegetation which
corresponds to three of the Town's primary open space management concerns: 1) Reduction of fire
hazards and fuel loading; 2) Control of invasive, non-native species; and 3) Protection of sensitive
biological resources.
Director Anderson said the Parks, Open Space & Trails (POST) Commission had considered the
OSMP and its environmental compliance document at meetings held on September 21 and October
19, 2010. He said the commission heard public testimony and made some changes to the text and
priorities in the draft report.
Town Council Minutes #17 -2010 November 17, 2010 Page 7
The Director said that adoption of the plan by the Council would have no direct fiscal impact;
however, he said that it was possible that the report would raise expectations of interested parties as
to funding commitments by the Town for open space maintenance in the future.
Anderson recommended that the Town Council:
1. Receive the staff report and the presentation by LSA Associates.
2. Hear and consider any public testimony.
3. Adopt the Mitigated Negative Declaration for the project.
4. Consider any desired revisions, and if prepared to do so, adopt the OSMP.
He then introduced the document's primary author, Dr. Clint Kellner of LSA Associates.
Dr. Kellner said that as a biologist, he found the Tiburon Peninsula to be an area of great biological
value. He gave a very detailed report of all the plant species found in different areas of open space on the
peninsula. He said that Town staff had collaborated on the report, as well as members of the public,
namely, Tiburon resident and botanist, Eva Buxton.
Dr. Kellner said he concurred with Director Anderson's assessment on the allocation of resources; he
said that the top two priorities in his mind were: 1) removal of "scrub" within 100 feet of homes, as well
as non-native pampas grass in all areas, for fire control; and 2) removal of other non-native species that
threaten sensitive vegetation. He said that species management in the smaller open space preserves
would come next in order of priority, along with removal of large stands of broom.
Councilmember O'Donnell commended Dr. Kellner on his well-written and thorough report.
O'Donnell asked Town staff about encroachment by private property owners onto open space parcels.
Town Manager Curran said that the Town had taken enforcement action in at least two or three cases
this year.
O'Donnell also asked about controlled "burns" in open space areas for fire safety. Director Anderson
said that the OSMP concluded that it would likely take years to secure permits to perform such activities,
and that there were more effective ways to proceed.
Councilmember O'Donnell asked about use of herbicides to control invasive plants. The Town Manager
said that while there was opposition to the use of herbicides, it was a necessary to have them in the
Town's "toolkit" for control of vegetation.
O'Donnell asked how the recommended actions would be implemented and paid for, or whether the
OSMP was merely a reference document.
Town Manager Curran said that first of all, the OSMP was an excellent inventory of the open
space and plants on the peninsula; she added that the document would help guide the Town in
planning and budgeting. She said that she hoped that the Town could set aside some funds each
Town Council Minutes #17 -2010 November 17, 2010 Page 8
year for this purpose, and that some work performed in the open space could be supplemented by
volunteers. Vice Mayor Slavitz asked whether the Town allocated resources in the budget
currently for open space management.
Finance Director Bigall said that the Town Council created a General Fund reserve fund several
years ago and funded it in the amount of $100,000, followed by $50,000 in a subsequent year.
She said that currently, there was less than $75,000 in that fund.
Director Anderson concurred, stating that the Town Council had been prioritizing and
implementing tasks since the fund was created.
Councilmember Fraser also commended Dr. Kellner on his comprehensive report. He said that
the entire community would now have a much better idea of its open space inventory and
resources. He said that it was important to point out the responsibility of private property owners
to maintain their 100-foot buffers if their properties adjoined open space areas, but overall he
agreed with the priorities set out in the report.
Mayor Collins said the graphics in the report were sensational. He asked Dr. Kellner about
removal of "scrub" surrounding one's home. Dr. Kellner said that scrub could be "thinned"
within 100 feet of one's home, and also spoke of the value of preserving grasslands from being
taken over by scrub.
Mayor Collins recommended that a guide for homeowners be published that contained this useful
information. Director Anderson said that the POST Commission had also recommended this
action; he said that the OSMP draft had been on the Town's website for several months.
Mayor Collins opened the public hearing. There was no public comment. Mayor Collins closed
the public hearing.
Councilmember O'Donnell referenced the POST minutes and asked how the fire safety issues
raised by Mt. Tiburon homeowners had been addressed. Town Manager Curran said that staff
had spent considerable time responding to the issues raised by the homeowners; she said that a
letter from Fire Marshall Ron Barney and a letter from the Town Manager addressed the issue of
property owner responsibility to maintain 100-foot clearance, even on the steep sloped lots that
adjoined the open space. She said that the two Town lots in that area that came all way up to the
street were being maintained by the Town. She said that Town would continue to follow the
advice of the Fire Marshall on these issues.
MOTION: To adopt the Plan and Mitigated Negative Declaration, as written.
Moved: Fraser, seconded by Slavitz
Vote: AYES: Unanimous
ABSENT: Fredericks
Town Council Minutes #17 -2010 November 17, 2010 Page 9
TOWN COUNCIL REPORTS
1. Vice Mayor Slavitz request to send letter to County of Marin regarding funding for Bike
Connector study - item withdrawn from agenda
TOWN MANAGER'S REPORT
None.
WEEKLY DIGESTS
• Town Council Weekly Digests
-October 22, 2010
• Town Council Weekly Digests
-October 29, 2010
• Town Council Weekly Digests
-November 5, 2010
• Town Council Weekly Digests -
November 12, 2010
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor Collins
adjourned the meeting at 8:35 p.m.
L.
RICHARD COLLINS, MAYOR
ATTES
r
DIANE CRANE IACOPI, TOWN CLERK
Town Council Minutes #17 -2010 November 17, 2010 Page 10