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HomeMy WebLinkAboutTC Minutes 2012-10-17TOWN COUNCIL MINUTES CALL TO ORDER Mayor Fraser called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, October 17, 2012, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: PRESENT: EX OFFICIO: Collins, Doyle, Fraser, Fredericks, O'Donnell Town Manager Curran, Town Attorney Danforth, Director of Community Development Anderson, Planning Manager Watrous, Director of Public Works/Town Engineer Nguyen, Town Clerk Crane Iacopi Prior to the regular meeting, the Council met in closed session, beginning at 6 p.m., to discuss the following: CLOSED SESSION PUBLIC EMPLOYEE PERFORMANCE REVIEW (Section 54957) Title: Town Manager Following the closed session, the Council conducted an interview at 7:15 p.m.: INTERVIEW Jt. Recreation Committee - One Vacancy • Nuria Ibars ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY Mayor Fraser announced that the Council had conducted an evaluation of the Town Manager during closed session. He also announced that the evaluation would be continued to a subsequent closed session meeting. Town Council Minutes #20 -2012 Octobe7- 17, 2012 Page 1 Mayor Fraser noted that the Council had been unanimous in its praise of Town Manager Curran; that the Town was indeed fortunate to have such a talented manager. He said that she was well regarded not only by the Council but by the Marin Manager's Association and other groups in the county for her leadership and expertise. He said that each Councilmember was also appreciative of the individual support and guidance that they received from Ms. Curran. ORAL COMMUNICATIONS None. CONSENT CALENDAR 1. Town Council Minutes - Adopt minutes of October 3, 2012 regular meeting (Town Clerk Crane Iacopi) 2. Storm Drain Maintenance - Authorize award of contract to Roto-Rooter for annual storm drain work (Director of Public Works/Town Engineer Nguyen) MOTION: To adopt Consent Calendar Item Nos. 1 and 2, as written. Moved: O'Donnell, seconded by Fredericks Vote: AYES: Unanimous ACTION ITEMS 1. Appointments to Boards, Commissions & Committees Consider appointments to fill vacancies on Joint Recreation Committee and Heritage & Arts Commission (Town Clerk Crane Iacopi) Mayor Fraser waived the staff report. MOTION: To appoint Nuria Ibars to the Joint Recreation Committee. Moved: Fredericks, seconded by Collins Vote: AYES: Unanimous MOTION: To appoint Francella Hall to the Heritage & Arts Commission. Moved: Fredericks, seconded by Fraser Vote: AYES: Unanimous 2. Measure A Sales Tax Increase for Parks, Open Space and Farmland - Consider recommendation of 2012 Legislative Action Committee (Councilmembers Collins and Fredericks) to approve resolution in support of Marin County Measure A (Town Manager Curran) Town Council Minutes #20 -2012 October 17, 2012 Page 2 Town Manager Curran said that a discussion of Measure A had been placed on the agenda at the request of the Town's Legislative Action Committee, comprised of Councilmembers Collins and Fredericks. Curran introduced by Linda Dahl, Director and General Manager of the Marin County Parks and Open Space District, who made a presentation in support of Measure A. Ms. Dahl described the history of open space acquisition in the County and how it had been curtailed somewhat in the years following the passage of Proposition 13. Nevertheless, she said the County had over 20,000 acres of parks and open space in its portfolio. She said that the maintenance of infrastructure in some locations had fallen victim to budget cuts and were in need of repair. She said that Measure A would raise $10 million over 9 years through a half cent increase to the sales tax to be used for these purposes. Ms. Dahl also said that the Board of Supervisors had been determined that some of the funds raised by Measure A would be directly available for use by cities. She said that while there would be an oversight committee, in charge of the fund allocations, the Supervisors had purposely left it up to the cities to determine how to use the funds that came under their purview. Councilmember Collins asked whether the $15 million portion eannarked for cities might be used to acquire new parks. Ms. Dahl said that the Supervisors wanted to leave the actual decision-making over funds allocation up to the cities. Collins commented that he wished the sales tax increase was higher in order to make a bigger impact upon the acquisition of open space. Collins also asked whether the annual amount might accrue to the cities over time. Vice Mayor O'Donnell asked whether funds might be used to maintain and upgrade city park facilities. He also asked whether they might be used for beautification and upgrade of the medians on Highway 131 (Tiburon Boulevard). Ms. Dahl said that the ballot measure intended that that the funds be used specifically for "parks and recreation"' uses. Mayor Fraser opened the item to public comment. Jerry Riessen, Vistazo West, said he was working with Ms. Dahl on the passage of Measure A. He said he had his doubts about whether enough money could be raised to acquire new open space but said that the issue of maintenance of existing lands was real and critical. He cited his experience in fighting invasive species on Town open space. George Landau, Sugarloaf, said he was a regular hiker in the open space areas in Town and he said he, too, supported Measure A because it would make more funding available to maintain the Old St. Hilary Open Space, and other areas. Mayor Fraser closed the item to public comment. Town Council Minutes #20 -2012 October 17, 2012 Page 3 Councilmember Fredericks said that the Town was surrounded by contiguous open space areas. Fredericks said that passage of the measure would directly benefit residents through the ability to better maintain theses areas for recreational uses, as well as maintain their safety. She urged support of Measure A. Councilmember Doyle said that when he was growing up, no one thought ahead about the preservation of open space He said the areas that were once were farms and orchards were now developed land. He said that he, too, would support the measure for the local benefits, as well as the benefit of future generations. Vice Mayor O'Donnell concurred; he said that he had already endorsed the measure personally and would vote for the Council's support for the reasons stated by Councilmember Fredericks. Mayor Fraser also agreed. He said that the Town had a line item in its budget for Parks & Open Space, and that the funds would be well used in the community. He also said that the Town was blessed with an abundance of open space but that it should not be taken for granted. MOTION: To adopt the resolution in support of Measure A. Moved: O'Donnell, seconded by Fredericks Vote: AYES: Unanimous The Town Manager also asked for Council feedback, per the staff report, on the idea of whether to agendize a discussion of a Town policy governing support of ballot measures and other political initiatives. Councilmember Fredericks noted that the Council had an informal 'policy in place that guided it. She said the policy had been limited to initiatives that directly affected the ability of the Town to provide services. Councilmember Collins noted that on occasion he received requests from other cities or groups to endorse ballot measures or initiatives. He said that a "general boundary" would be helpful in determining which measures were appropriate to bring to the Council. He suggested that the matter might be placed on an agenda in the New Year. Councilmember Fredericks agreed that individual council members were often approached for their endorsement of ballot measures or initiatives. She said that bringing an item to the Council required staff time to do research and provide an objective analysis. Councilmember Fredericks said that the MCCMC Legislative Committee had a policy that she could provide the Town Manager to use as an example. Vice Mayor O'Donnell said he favored a policy whereby each Councilmember was free to support any matter it chose to, however, he agreed that the Council as a whole should strive to entertain only the matters that directly affected the Town. Town Council Minutes #20 -2012 October 17, 2012 Page 4 Mayor Fraser said that he thought this informal policy had worked well for past Councils and did not see a need for a formal, written policy. Matter continued to 2013. PUBLIC HEARINGS Cypress Hollow Precise Development Plan Amendment - Consider application to amend the Cypress Hollow Precise Development Plan to increase the maximum floor area at 110 Rancho Drive (Planning Manager Watrous) Applicant: John-Peter Curcio Address: 110 Rancho Drive AP No. 034-393-01 Planning Manager Watrous said the application was for a proposed amendment to the Cypress Hollow Precise Development Plan for the property located at 110 Rancho Drive. He said the applicant wished to increase the maximum floor area permitted for this lot, which is currently developed with a single-family home. Watrous said the Cypress Hollow Precise Development Plan currently limits each parcel to a maximum floor area of 30.0% of the lot size. He said the applicant proposed amending the text of the precise plan to allow a floor area ratio of 31.5% for this property. The Planning Manager noted that the single-family residence on this property was originally constructed with a floor area of 2,678 square feet (29.6% floor area). He said a previous property owner converted one garage space within an existing three-car garage into a 176 square foot office on the second floor of the house. The office increased the floor area of the house to 2,854 square feet, resulting in an as-built floor area ratio of 31.5%. As the resulting floor area ratio is in excess of the 30.0% maximum floor area permitted for this property, the current property owner wishes to legalize this as-built addition and requests to amend the Cypress Hollow Precise Development Plan to increase the maximum permitted floor area for this property to 31.5%. Watrous also said that the Town Council had generally supported amendments to the Cypress Hollow Precise Development Plan if the amendment was under the Floor Area Ratio for a house this size. He said the Planning Commission held a public hearing on this application at its September 12, 2012 meeting and at that meeting, the Commission determined that the requested amendment was consistent with the intent of the Cypress Hollow Precise Development Plan and the Tiburon General Plan and Zoning Ordinance, and adopted Resolution No. 2012-14 recommending approval of the amendment to the Town Council. Mayor Fraser opened the hearing to the applicant. Town Council Minutes #20 -2012 October- 17, 2012 Page 5 John-Peter Curcio, owner of 110 Rancho Drive, said that he wanted to do things "the right way" which had led him to make this application to the Town. He offered to answer any questions. Council had some questions for staff. Vice Mayor O'Donnell noted that other addresses were listed in the resolution, as well. Planning Manager Watrous said that the resolution added this property to the existing list of properties in Cypress Hollow that had received precise plan amendment approvals by the Council. Vice Mayor O'Donnell asked whether the approval of the current application might trigger the surrounding neighbors to seek similar approvals. Planning Manager Watrous said that they would have to go through the Town's approval process if they sought to make similar changes to their properties. He said that some had wanted to "bump out" their existing footprint but that the crawl space [at 110 Rancho Drive] was already within the existing building footprint and that had not created an issue in the neighborhood. Vice Mayor O'Donnell said that when he served on the Design Review Board, the Board had approved applications for amendments for increased FARs within the "cut" of a house. Mayor Fraser asked if there was a sense of how many more property owners might seek amendments. Planning Manager Watrous thought it would be low number. Planning Manager Watrous noted that past Councils had chosen to review each application on a case by case basis; he said that if the Council wished, it might look holistically at the range of amendments in the subdivision. Mayor Fraser opened the public hearing. There was no public comment. Mayor Fraser closed the public hearing. MOTION: To adopt the resolution amending the Precise Development Plan, as written. Moved: O'Donnell, seconded by Collins Vote: AYES: Unanimous 2. Amendment to Chapter 13D of the Town Code - Introduction and first reading of an ordinance amending Title IV, Chapter 13D regarding Flood Damage Prevention (Director of Community Development Anderson) Director of Community Development Anderson said that the Town of Tiburon is a member of the National Flood Insurance Program, which membership enables property owners to secure flood insurance through federal insurance programs and provides other benefits and protections. He said there were currently has 107 federal flood insurance policies in effect, in Tiburon, for a total coverage of $35 million. Town Council Minutes #20 -2012 October 17, 2012 Page 6 Anderson said the State Department of Water Resources (SDWR), in conjunction with the Federal Emergency Management Agency (FEMA), periodically reviews the flood damage prevention-related ordinances of cities and counties to ensure conformity with the latest state and federal regulations. He said the Town received its most recent review in June 2012, and that the findings were set forth in a letter from the SDWR dated August 30, 2012 (Exhibit 1 of the staff report). Among the findings, according to Anderson, is direction to revise the Town's flood damage regulations to remain compliant with current provisions of Title 44 of the Code of Federal Regulations. Director Anderson said the proposed amendments had been provided in a red-lined version of the ordinance for the Council, along with a map of the affected areas. He recommended that the Council hold a public hearing and move to read the ordinance by title only, and pass first reading. Councilmember Collins asked whether there was a map of the "coastal high hazard areas." Anderson said that these areas are mapped on the community's Flood Insurance Rate Maps. Vice Mayor O'Donnell asked whether any of the affected zones were changed or expanded. Anderson said that the latest federal flood maps, which became effective in 2009, had added most of downtown Tiburon to the flood hazard zone, but that the properties in the coastal high hazard zone had previously been mapped as Zone A-1-Tidal and the primary change was in nomenclature (changing the term "A-1-Tidal" to "Coastal High Hazard Zone"). Vice Mayor O'Donnell asked whether there would be higher insurance premiums or any other effects to property owners as a result of these changes. Anderson said that the changes proposed to the ordinance should not affect the insurance premiums or impose new or more stringent standards than already exist on properties within the special flood hazardd zones; however, he stressed the importance of keeping the Town's regulations up to date to maintain membership in the flood insurance program. Mayor Fraser opened the public hearing. There was no public comment. Mayor Fraser closed the public hearing. MOTION: To read the ordinance by title only. Moved: Fredericks, seconded by Collins Vote: AYES: Unanimous Mayor Fraser read, "An ordinance of the Town Council of the Town. of Tiburon amending Title IV, Chapter 3D regarding flood damage prevention." MOTION: To pass first reading of the above ordinance. Moved: Collins, seconded by Fredericks Vote: AYES: Collins, Fredericks, Doyle, O'Donnell, Fraser NAPES: None Town Council Minutes #20 -2012 October 17, 2012 Page 7 TOWN COUNCIL REPORTS Mayor Fraser said that he had attended the first meeting of the Building Code Appeals Board. He said the meeting was primarily informational and included the election of a Chair (David Kallmeyer) and Vice Chair (Mark Swanson). He said that he had ratified these appointments [as Mayor] pursuant to the resolution creating the Board. On another topic, Vice Mayor O'Donnell said that he would like to see the CART committee continue its work. He said that the death of a young bicyclist in Novato had underscored for him the need to find safe passage across Tiburon Boulevard for the majority of Tiburon's neighborhoods to the multi-use path. He said this might include tunnels, overpasses, or other creative and perhaps costly solutions; nevertheless, he encouraged the group to continue looking for solutions to this problem. Town Manager Curran said that the mayors of both cities, along with the Police Chief and city managers had planned a follow-up meeting after the public presentation of the CART report. She said they planned to discuss the next steps in the process and would report on this meeting to the Council in future. TOWN MANAGER'S REPORT None. WEEKLY DIGESTS • Town Council Weekly Digest - October 5, 2012 • Town Council Weekly Digest October 11, 2012 ADJOURNMENT There being no further business before the Town Counciij of e Town of Tiburon, Mayor Fraser adjourned the meeting at 8:30 p.m. p i ~ r I JIM FRASEW UAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes #20 -2012 October 17, 2012 Page 8