HomeMy WebLinkAboutTC Minutes 2013-01-16TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor O'Donnell called the regular meeting of the Tiburon Town Council to order at 7:30 p.m.
on Wednesday, January 16, 2013, 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 Administrative Services Bigall, Director
of Community Development Anderson, Director of
Public Works/Town Engineer Nguyen, Police
Captain Hutton, Town Clerk Crane Iacopi
ORAL COMMUNICATIONS
None.
INTRODUCTION OF NEW POLICE OFFICER
Introduction of Police Officer Joshua Small (Chief Cronin)
Police Captain David Hutton introduced the newest member of the Tiburon Police Department.
He said that Officer Small had worked as a District Patrol Officer for the Golden Gate Bridge
Highway & Transportation District prior to attending the Police Academy and graduating as
valedictorian and Class President in 2010. Officer Small introduced his wife, Andrea, and
thanked the Council for the opportunity to work with everyone in the community.
CONSENT CALENDAR
1. Town Council Minutes - Adopt minutes of December 5, 2012 meeting (Town
Clerk Crane Iacopi)
2. Town Investment Summary - Accept investment report for December 2012
(Director of Administrative Services Bigall)
3. Vacancies on Town Boards and Commissions - Announce pending vacancies on Town
Boards and Commissions in 2013 (Town Clerk Crane Iacopi)
Town Council Minutes #01 -2013 January 16, 2013 Page 1
4. Annual Development Fees Report - Adopt annual report on the status of the Town's
Development Impact Fees pursuant to the California Government Code (Director of
Community Development Anderson)
5. Completion of Del Mar Utilities Undergrounding Project - Adopt resolution and
authorize filing of Notice of Completion (Director of Public Works/Town Engineer
Nguyen)
6. Retirement of Police Officer Jerry Wachowiak- Adopt resolution commending Office
Jerry Wachowiak for 26 years of service to the Town upon his retirement in December
2012 (Chief of Police Cronin)
7. Public Pedestrian Access Easement at 1600 Mar West Street - Recommendation to
adopt a resolution of abandonment and a resolution of acceptance for minor realignment
of a Public Pedestrian Easement over a portion of the Tiburon Peninsula Club Property
located at 1600 Mar West Street; AP No. 58-171-76 (Director of Community
Development Anderson)
Mayor O'Donnell asked if any member of the public or the Council wished to remove an item from
the Consent Calendar. Councilmember Fraser asked to remove Item No. 4 for discussion.
MOTION: To adopt Consent Calendar Item Nos. 1, 2, 3, 5, 6, 7, as written.
Moved: Fredericks, Fraser
Vote: AYES: Unanimous
ABSENT: Collins
4. Annual Development Fees Report -Adopt annual report on the status of the Town's
Development Impact Fees pursuant to the California Government Code (Director of
Community Development Anderson)
Councilmember Fraser asked staff about the Tiburon Circulation Improvements Fund (CSIF) and
the Planning Fund (PAMF) noted in the report. He asked whether the City of Belvedere had
similar funds. Director of Community Development Anderson said that Belvedere might not, but
other cities in the county, for example, San Rafael), did have these types of fees.
Fraser noted that the CART (Community Action to Reduce Traffic) committee meets monthly
and was looking for sources of funding for various improvements. He asked whether these funds
would be available for this use.
Director Anderson said that the funds were dedicated funds which were tied to the improvements
listed in the Circulation Element of the Town's General Plan. He said that if the improvements
contemplated by CART involved or shared aspects of these improvements, they could be used.
He did point out, however, that the funds were limited.
Town Council Minutes #01 -2013 January 16, 2013 Page 2
MOTION: To adopt Consent Calendar Item No. 4, as written.
Moved: Fraser, seconded by Fredericks
Vote: AYES: Unanimous
ABSENT: Collins
ACTION ITEMS
1. Gun Buy-Back Program - Consideration of request for financial participation in Marin
County Gun Buy-Back Program scheduled for January 21 (Town Manager Curran)
Town Manager Curran said that many communities were pursuing gun buy-back programs in the
wake of the school shooting in Connecticut. She said that a local program had been initiated by
District Attorney Ed Berberian funded initially by the County Board of Supervisors ($10,000),
the Marin Community Foundation ($20,000), as well as private individuals. Curran noted that the
cities of Sausalito and San Rafael had also authorized $1,000 expenditures each toward the
program's efforts; however, she said that it was apparent from the success of the first day's
program (January 15) that funding was needed to cover the second day (scheduled for January
21) and to make good on the vouchers issued on the 15th.
Town Manager Curran said that consideration of participation by the Town had been placed on
the agenda at the behest of Mayor O'Donnell.
Mayor O'Donnell said he had been contacted by a friend of Jim Fraser, who had invited him to
join the organization founded by Mayor Bloomberg of New York City, "Mayors against Illegal
Guns." O'Donnell said that he had joined but had declined to bring a resolution to the Council
which he said did not quite fit within the Town's authority [to adopt reporting regulations and the
like]. He said that the local gun buy-back program did offer an opportunity for the Town to
participate and speak to this subject. He asked the Council to consider making a financial
contribution of $1,000, in line with other cities.
Councilmember Fraser said that the County had done a good job coming forward with the program.
He said that while it was not the only answer to the issues raised in the wake of the shooting in
Connecticut, he supported this form of local participation.
Vice Mayor Fredericks concurred and said that while the buy-back may or may not resolve the issue
of gun violence, it would be unwise to stand by and do nothing. She said if the program takes one
gun off line that could be used to kill an innocent person, it would be worthwhile.
Councilmember Doyle agreed. He said that the people turning in guns were probably not part of the
problem, it was a worthwhile program.
Mayor O'Donnell said that Councilmember Collins had asked that his statement be read into the
record:
Town Council Minutes #01 -2013 January, 16, 2013 Page 3
Statement from Councilmember Collins:
"I regret not being able to articulate my position and sentiments on this extremely important public
safety issue in person. If the opportunity arises tonight, please read my comments into the record.
I favor anything that either advances or protects public health and safety. In that regard, I am in favor
of gun buy-back programs, responsible Gun Control legislation, and taking whatever reasonable
precautions can and should be taken to protect our children from the violent acts of those that would
harm them.
We cannot turn our heads away from the most recent national tragedy that occurred in Newtown. It
is not a matter of choice. I view taking proactive action to protect the public from the use of
automatic and semi-automatic weapons from the perpetrators of crimes as a mandate.
Thank you,
Councilman Dick Collins"
MOTION: To support the Marin County gun buy-back program with an expenditure of $1,000
from the Town of Tiburon.
Moved: Fredericks, Doyle
Vote: AYES: Unanimous
ABSENT: Collins
2. Town Council Committee Appointments - Update Council Committee Appointments list
to reflect revisions or new committee assignments in 2013 (Town Clerk Crane Iacopi)
Mayor O'Donnell reviewed the appointments list and the Council discussed the following
revisions:
• Marin Energy Authority Board of Directors - Mayor O'Donnell, new delegate;
Councilmember Collins, alternate
• Regional Airport Planning Committee - Vice Mayor Fredericks said that she would
recommend the appointment of Frank Doyle to the Board of Supervisors (to become the
alternate on the committee)
• Richardson Bay Regional Agency Board of Directors - Councilmember Collins, new
delegate; Councilmember Fraser will continue as alternate
• 2013-14 Budget Committee - Mayor O'Donnell and Vice Mayor Fredericks
• Legislative Action Committee - Mayor O'Donnell and Vice Mayor Fredericks
• New ad hoc committee on Peninsula Sirens - Mayor O'Donnell and Councilmember
Fraser
Town Council Minutes #01 -2013 January 16, 2013 Page 4
MOTION: To adopt the Town Council Committee Appointments List for 2013, as revised.
Moved: Doyle, seconded by Fredericks
Vote: AYES: Unanimous
ABSENT: Collins
PUBLIC HEARINGS
1. 2013 Fee Schedules - Recommendation to adopt fee schedules for the Community
Development Department & Public Works Department (Director of Community
Development Anderson)
Director of Community Development Anderson said there were only minor changes to the fee
schedules for Community Development and Public Works. He said there were no increases to
permit fees or hourly rate schedules.
Vice Mayor Fredericks asked for clarification regarding allowable fees for rooftop solar
installations. Anderson said that State law capped the fees that could be charged for building
permits associated with the installation of solar panels. He said that for a residential assembly it
was a maximum of $500 and $1,000 for a commercial installation. Anderson said these fees
covered the plan-check and other application processes. He explained that under Town policy,
the maximum fees that could be waived, if the applications met Town standards, were $500 or
$1,000.
Councilmember Fraser asked about tree permit fees. Director Anderson said that permits were
required to alter a protected tree but that fees were not charged unless there was a substantial
alteration proposed, or if it were determined that the tree was a protected tree, under the Town's
guidelines.
Fraser also asked about the fee for after-hours inspections. Anderson said that this fee was an
existing fee that had simply been moved to another section of the schedule, on page 12. He said
this was offered as an on-going service to residents requesting inspections that did not fall within
normal business hours.
Mayor O'Donnell asked about two new fees for reasonable accommodation and temporary use
permits. Anderson said that both of these categories had been added in the Zoning Ordinance
update. He said that previously, there was no distinction for a temporary use permit, and that this
fee was far less than a regular Conditional Use Permit. The Reasonable Accommodation fee,
according to the Director, had also been created to reflect the increase of State and Federal
regulations and to provide people with ways to pursue access to their properties.
O' Donnell asked whether a temporary use permit would be refundable. Director Anderson
explained that these permits were intended for temporary uses such as Christmas Tree lots, tents,
or pumpkin patches, not temporary occupancy or the like.
Town Council Minutes #01 -2013 Januafy 16, 2013 Page 5
Councihnember Doyle asked about the fees for water well drilling pen-nits. He said that a
neighbor had mentioned that a pen-nit for a drinking well was twice the cost of an irrigation well.
Director Anderson stated that there were no potable wells in Tiburon currently, however, he said
that quite a few non-potable wells had been approved. He explained that an application for
drinking water well would be a much more involved process requiring coordination with other
agencies, such as the water district, and the like, which would drive up the cost.
Mayor O'Donnell opened the item to public comment. There was none. Mayor O'Donnell closed
the public hearing.
MOTION:' To adopt fee schedules for Community Development and Public Works Departments,
as written.
Moved: Fredericks, seconded by Doyle
Vote: AYES: Unanimous
ABSENT: Collins
TOWN COUNCIL REPORTS
None.
TOWN MANAGER'S REPORT
None.
WEEKLY DIGESTS
• Town Council Weekly Digests - December 7, 14 & 21, 2012
• Town Council Weekly Digests -January 4 & 1.1, 2013
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor Fraser
adjourned the meeting at 8:15 p.m.
EMMETT O' DONNELL, MAYOR
ATTEST.
DIANE CRANE 1ACOPI1 TOWN CLERK
Town Council Minutes #01 -2013 January 16, 2013 Page 6