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HomeMy WebLinkAboutTC Minutes 2013-11-20TOWN 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, November 20, 2013, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Fraser, Fredericks, O'Donnell, Slavitz ABSENT: COUNCILMEMBERS: Doyle PRESENT: EX OFFICIO: Town Manager Curran, Town Attorney Danforth, Director of Community Development Anderson, Director of Public Works/Town Engineer Nguyen, Assistant Planner O'Malley, Planning Manager Watrous, Police Chief Cronin, Town Clerk Crane Iacopi Prior to the regular meeting, the Council met in closed session, beginning at 7:15 p.m., to discuss the following: CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Decision whether to initiate litigation pursuant to subdivision (c) of Section 54956.9 CLOSED SESSION ANNOUNCEMENT, IF ANY Mayor O'Donnell said that the Council had given direction to staff on the matter discussed in closed session. ORAL COMMUNICATIONS None. INTRODUCTION OF NEW TOWN EMPLOYEE • Public Works Maintenance Worker Pete Velles Town Council Minutes 418 -2013 November 20, 2013 Page I Director Nguyen introduced Mr. Velles, the latest employee hired by the Department of Public j Works to replace the employees who had retired in 2013. Mr. Nguyen noted Mr. Velles' prior l experience with CalTrans, the County of Sonoma, and North Bay Conservation Corps. Mr. Velles thanked the Council for the opportunity to come to work for the Town, noting how beautiful the Town was and how welcoming the community had been. Mayor O'Donnell also welcomed Mr. Velles to the Town on behalf of the Council. PRESENTATON • Marin Emergency Radio Authority — Update on future system improvements (Dave Jeffries, MERA Special Projects Manager) Mr. Jeffries gave a brief history of the MERA project and thanked the Town for its past support. In a powerpoint presentation, he gave an overview of the proposed upgrades and improvements and how such improvements would be funded (most likely through a bond measure in 2014). Councilmember Fraser said it seemed peculiar to him that there were still areas in the County where the system did not work so well, especially in light of all the advances in technology. iVice Mayor Fredericks asked Mr. Jeffries if he knew where, if any, new antenna sites might be I located in Tiburon. Mr. Jeffries said that until the RFP for the upgraded system was distributed l._.._. and vendor responses received, he would not know. He said that only the vendors knew the capability of their systems which would determine how the system [on the peninsula] was configured. The Council thanked Mr. Jeffries for his report. CONSENT CALENDAR Town Council Minutes —Adopt minutes of November 6, 2013 regular meeting (Town Clerk Crane Iacopi) 2. Uniform Construction Codes Updates — Adopt ordinance amending Title IV, Chapter 13 of the Town Code to adopt by reference and with modifications the latest State- authorized Construction Codes (Community Development Department) 3. Measure A (County -wide Sales Tax Measure for Parks and Open Space) Funding Agreement — a) Adopt resolution approving and authorizing the Town Manager to sign an agreement with the County of Marin for the collection and disbursement of Measure A funds; b) Approve budget amendment (Town Attorney Danforth) Town Council Minutes #18 -2013 November 20, 2013 Page 2 4. Commendation —Adopt resolution recognizing former Mayor Denis Rice for his contributions to the Tiburon community on the occasion of his moving across the country (Office of the Town Clerk) 5. Transient Occupancy Tax Allocation — Adopt resolution regarding allocation of Transient Occupancy Tax revenues for purposes of marketing Tiburon (Town Manager Curran) Councilmember Fraser asked to remove Item No. 3 for discussion. MOTION: To adopt Consent Calendar Item No. 12, 4 and 5, as written. Moved: Fraser, seconded by Fredericks Vote: AYES: Unanimous ABSENT: Doyle Council discussion: 3. Measure A (County-wide Sales Tax Measure for Parks and Open Space) Funding Agreement — a) Adopt resolution approving and authorizing the Town Manager to sign an agreement with the County of Marin for the collection and disbursement of Measure A funds; b) Approve budget amendment (Town Attorney Danforth) Councihnember Fraser asked whether the work plan in the proposed agreement might be reviewed by the Council, possibly at the retreat, prior to adoption. Town Attorney Danforth said the work plan was due by December 15 to the County of Marin. She said that while the first payment of $26,000 had been earmarked for vegetation management on Town Open Space [in the agreement], she said the second work plan was due in June of 2014; which would include the full year's allocation of $52,000. She said the Council would likely want to discuss the particular uses of this funding at its retreat. Town Manager Curran concurred; she said that Town staff had added a general statement to the agreement that would allow the funding to be used for vegetation management in open space, parks, and the like. She said the Measure A funding would be would be a great benefit to the Town over the next nine years. MOTION: To adopt Consent Calendar Item No. 3, as written. Moved: Fraser, seconded by Slavitz Vote: AYES: Unanimous ABSENT: Doyle Prior to the public hearing, Mayor O'Donnell presented the resolution (Consent Calendar Item No. 4) commending former Mayor Denis Rice upon the eve of his departure from the Town. Town Council Minutes #18 -2013 November 20, 2013 Page 3 Mr. Rice thanked the Mayor and the Council. He told the audience a little bit about how he came to be in public service, and how he was proud and gratified about what had happened in the Town since the early days of its formation. He said that early on, it had become clear that the community wanted to preserve the environmental quality of the Town, and it still does. He also said that he was impressed that residents had not lost their ability to communicate to the Council. He said the future was bright and that the challenge was to continue to find ways to preserve the community's values, and to maintain a community in which people continue to care about each other. Several members of the public spoke and shared their stories and affection for Rice and wished he and his wife well in their future endeavors - -Bill Lukens, George Landau, and Vice Mayor Alice Fredericks. PUBLIC HEARING 1. 26 Apollo Road — Appeal of Design Review Board decision to deny a request for Site Plan and Architectural Review to construct a new single - family dwelling located at 26 Apollo Road (Planning Manager Watrous) Owners /Appellants: Suzann and Nikita Bell Assessor Parcel No.: 034 - 271 -13 Assistant Planner O'Malley gave the report and reviewed the grounds of the appeal and staff's responses. These are more fully delineated in the written staff report. In concluding her remarks, O'Malley noted that previous Town Councils have taken the position that proposed two -story projects in predominantly single -story neighborhoods shall be reviewed on a "case -by- case" basis. She said that in this case, staff would encourage the Town Council to determine whether the magnitude of the impacts stated in the staff report is sufficient to deny this appeal, or if there are additional project changes that would adequately address these impacts. She also noted that Boardmember Kricensky was present for any Council questions regarding the Design Review Board's deliberations. In addition, she said that any direction the Town Council could provide to staff in addressing future second story additions within the Belveron East neighborhood would be helpful. Vice Mayor Fredericks asked for clarification of the request for direction, noting that the guiding principles were contained in Zoning Ordinance Section 16- 52.020. Planning Manager Watrous said that during its deliberations, the Design Review Board pondered whether direction should be given about approvals of second stories in the "interior" of Belveron East. He said that some boardmembers thought that further guidance on this issue would be helpful and that the Council might wish to weigh in on that subject. Town Council Minutes #18 -2013 November 20, 2013 Page 4 Councilmember Slavitz noted that only four second story homes had been approved in the interior since 1955; he asked how many homes had second stories in the exterior (perimeter) of Belveron East. [Staff had not calculated this number.] Slavitz commented that that four second stories since 1955 denoted a remarkably slow rate of change. He also asked how many actual applications there had been for second story additions. Planning Manager Watrous said that while staff did not have this number, he noted that none had been denied except for an application at 22 Mercury Avenue which was remanded to the DRB (and was subsequently withdrawn). Mayor O'Donnell asked for the distance between the rear of the Bell home and the Thor home (in the application). Councilmember Slavitz also asked what the required setback would be. Ms. O'Malley responded to the questions. Vice Mayor Fredericks asked for the height of the highest part of the proposed partial second story in the Bell application. Ms. O'Malley said it was 22 feet. Fredericks asked what the increase to the first floor footprint would be. Ms. O'Malley answered that the current home was 894 square feet; she said the footprint for the first floor portion of the proposed home in the Bell's application was 2,121 square feet Mayor O'Donnell summarized the procedures for appeal hearings and opened the hearing to the appellants. Mr. Bell thanked the Council for its consideration. He said this was the third time his family had presented an application for review. Mr. Bell addressed the issue of neighborhood character. He said that the neighborhood was in transition, and that there were a variety of second story additions that had been constructed that now fit well within the neighborhood. He showed slides of the two, two -story homes that you see when entering Belveron East. He also showed slides of a second -story addition at 29 Juno Road that the Thor family had supported (and that looked into the Bell's backyard area). Mr. Bell said that many of their neighbors supported their application for a second story. He said that they had attempted to address the privacy concerns of the Thor family by reducing and minimizing the number of windows in their application, and offering to plant trees to screen the addition. Mr. Bell also addressed the issue of view loss which he said was not as dramatic as feared by the Thors; he said that they had reduced the height of their project twice to address the issue. Mr. Bell reviewed the other concessions made by his family since the application was first presented to the Board. He said they had followed the guidance of the Town's planning staff and had come up with what amounted to a single -story addition with a finished attic. He also noted that the home had been moved forward by six feet toward the street (and away from the Thor property). Town Council Minutes #18 -2013 November 20, 2013 Page 5 He showed how the roof design had been changed — the corners cut off— and how the original design was 27 feet high and that the ceilings were now lowered from 10 feet on the first floor to nine feet; and on the second story from 9 feet to eight feet ceiling heights. Mr. Bell stated that their home would be 100 feet away from the Thor home. He showed how the second story proposal created lots of yard space and he said that planting trees would not only screen their home from the Thors but would help block out unsightly telephone lines in the view, while still preserving their view of the [Ring Mountain] open space ridgelines. Mr. James Rizzo, the Bell's architect said that they had reduced the elevation volume by 20 %. Mr. Bell concluded his presentation by showing how they had addressed all the issues — privacy, views and neighborhood character. He said that he and his family wanted to be part of the neighborhood and hoped that the neighborhood would embrace their tasteful approach to change. He asked what else he and his family could do; he said they had started their application process because they thought they had a choice of design — one -story or two. He said that some of the single story homes in Belveron were 17 feet high and said that their two -story application was at 22 feet high. He asked the Council not to make a blanket prohibition on second stories in Belveron and to overturn the denial of their application. Vice Mayor Fredericks asked about the yard space at 27 Juno Road. Staff said that the Thor's lot was a bit wider than the Bell's, but that the Bell's lot was a bit larger. Councilmember Fraser noted that the Town Code allowed a height of 30 feet above grade. He asked about the elevations of the other two -story homes in Belveron. Mr. Watrous said that most were in the range of what the Bells were proposing, or 22 feet. Fraser asked the applicant/appellant whether he had known about the history of two -story homes in Belveron when he started the application process. Mr. Bell said that they had known about the 22 Mercury Avenue application denial but that he and his family and gone through the process and had complied with al the guidelines set forth by the Town and had thought it would be approved. He said they later discovered through further discussions with staff that what was actually acceptable in that neighborhood was "partial" second -.story additions which they then revised their application to mimic. Mr. Bell said they had no idea that they would encounter such adversity in the application process. Mayor O'Donnell asked Design Review Boardmember John Kricensky if he had any comments on the appeal. Mr. Kricensky said that the DRB minutes explained the pros and cons of the application review. He said that he was actually "on the fence" when it came to voting to deny this application. He said that in the application's favor were the facts that the neighborhood was in transition and that this design was one of the better designs he had reviewed. Kricensky said that the design seemed to fit in well in the neighborhood. He said that between the first and second hearing, the Bells' architect had taken off the oversized dormer and gables and had changed the roof design, to Town Council Minutes #I8 -2013 November 20, 2013 Page 6 lessen the visual impacts. But on the "con" side, Kricensky said that the neighborhood character argument seemed to be compelling. He said the fact was the area was predominantly single family, one -story homes, and if that was its character, the zoning ordinance says that second stories should be discouraged. He said that he was conflicted about the application because of this. He said he tried to envision two stories throughout the whole neighborhood and realized that this phenomenon would indeed change its character. He said that is what tipped his vote to the majority [to deny the application]. But Kricensky did note the many variances that were granted to allow expansion for one -story homes. He agreed that it might be helpful for the Council to also envision this area as a whole and think about how it might develop over time. Councilmember Slavitz noted that the Board's vote appeared to be a conscious decision to be consistent and allow only one -story homes to be developed in the interior section of Belveron East. Mayor O'Donnell opened the hearing to the public. 1. Matt Richter — kitty -korner from the Bells, said the Town should not limit the neighborhood to one -story homes because it will devalue the area over time; said it's difficult to reach the FAR maximums with one story and provided the example of his own home being within six feet of his neighbor which is not ideal; said the Bell's proposal is nice and perhaps Town should consider placing guidelines on much square footage second stories could have to assist applicants, in future. 2. Brooke Halsey — grew up in Town, mentored by the Ellmans [local environmentalists]; said people have gone to great lengths to preserve the Town as noted in Denis Rice's speech; said there are only four, two -story homes on the interior and that the property values continue to rise anyway; said the Thors wanted to preserve the view of Ring Mountain Open Space; asked the Council to respect the decision of the DRB. 3. Bar Haney — real estate professional; disputed the neighbors' claims that their view of Ring Mountain was being blocked and said it would be clearly visible after the Bells built their second story; noted the Town Code allows a building height of up to 30 feet in that zone; asked how the "character" of this neighborhood was actually being defined and said that larger homes with weird designs that exceeded the FARs but were one -story seemed like a less desirable solution; said that second stories were more desirable real estate and allowed for more outdoor enjoyment. 4. Marion Hill concurred, adding that Tiburon had a reputation for a difficult design approval process; said that denying the appeal would set a bad precedent; said the vote on the project was 3 -2 which denoted that it was not a clear decision; said that two -story homes had improved the look of the neighborhood and that owners needed to have this choice; added that Government had no right to discourage them. S. Dana Thor, neighbor to the rear of the Bell's home, said the application for 26 Apollo Road had been denied by the DRB twice; said the current plan constituted a huge, looming two -story structure which would destroy their privacy and quality of life; said the Bell's home would look into every room in her home and take away the view; said it Town Council Minutes #18 -2013 November 20, 2013 Page 7 would destroy the living environment and be a detriment to the neighborhood, if approved. 6. Ann Ciranni said she and her husband had chosen Belveron because it was still a neighborhood of families but was also a neighborhood in transition; said that before they bought their home, they had done due diligence and had reviewed all the decisions of the Design Review Board and the Zoning Ordinance of the Town which bad given them a sense of possibility, should they decide to "grow" with the neighborhood; said they supported the Bell's application. 7. Scott Durkee said he, too, supported the Bell's application and an unlimited future for the neighborhood's design; said he would be concerned if second stories were banned; said that in looking at Ms. Thor's photo - simulation, it was clear that Ring Mountain was still visible and that only a tree or telephone lines were blocked; said that he did not favor the alternate to a two -story design because it allowed for [and required] a lot of variances; said he would encourage the Council to stick to the rules and less to interpretation. 8. Diane Larson, Mercury Avenue resident for over 25 years, said this was really a Belveron East issue because two stories were more common in Belveron West; said that the last second -story home was built in 2005; said that the DRB had asked the Bells to come back with a one -story design; said that the neighbors have a right to maintain their lifestyle and that second stories should only be approved as an exception. 9. Candace Washing said they were happy with a one -story home but wanted to have a choice; asked the Council not to take away their property values by limiting second stories; said the Bells should be able to build their beautiful home 10. David Ehsan and previous owner of 13 Mercury Avenue, said every single home is different in Belveron East; said their view would be impacted but they didn't care because they wanted to progress and preserve the equity of their home and the neighborhood. 11. Marti Andrews said she supported improvement of property but that property values would actually diminish if your neighbors could look into your living space. 12. Linda Hevem said that "likeability" was not an issue; said that Belveron East was more than a neighborhood, it was a community; asked the Council to uphold the DRB decision. 13. Vince Pannepacker said they bought in 1992 and remodeled in 2001 as a one -story; said he values privacy and supports the Thors. 14. Melissa Hobbs also spoke against second stories due to the differing elevations of the area and how that might impact neighbors. 15. Tammy Baykpor said she supported the Bells and noted that prior to her neighbor's remodel project, they never had a privacy issue but how they needed a six -foot fence to screen the neighbor's home; said they wanted to have options to remodel. 16. Cathy Soper said there is no privacy in the area, really; said if [one -story] houses are built, there will be no backyards which will force kids to play in the streets, creating a safety hazard; said she loved the fact that some in the neighborhood were trying to progress. 17. Kathy Vasicek said she, too, supported the Bell project and its beautiful design would enhance the neighborhood; said that they could easily plant trees to screen their home from the Thors; said they had tried to appease the Thors; said that families pay a premium { to live in the neighborhood and that it was time the bungalows were updated; said that the Lsecond -story homes around her did not affect her privacy at all; asked the Council to Town Council Minutes #18-2013 November 20, 2013 Page 8 allow two stores and preserve the green space [of yards]. 18. Sheila Peterson, across from the Thors, said it was complicated; said she lived in a small but adequate home and was concerned about large, looming second stories; said that we all must work together and respect each other's privacy, especially in such close proximity of this neighborhood; said she hoped for consistency in the Council's decision. 19. Michael Ciranni read a letter submitted by resident Karen Carrera which noted there were 23 two -story homes in Belveron East, and eight of those were in the "center" section; said the Bells had the support of their surrounding neighbors and asked the Council to uphold their appeal. Mayor O'Donnell closed the public hearing at 10:30 p.m. and turned the floor over to the appellants for a rebuttal. Mr. Bell remarked again that this was a neighborhood in transition; he asked that people embrace this change. He said he heard the fear expressed by some of the speakers but hoped that this would not influence the Council's decision. Mr. Bell said it was not his intention to offend the neighborhood; indeed, he said it was his worst case scenario. He reiterated that he though he realized that second - stories were still precedent - setting in the neighborhood, he understood that he had the right to build a second story as long as it was reasonable and within the Town's guidelines. He said his family deserved this home. He added that he was still open to compromise, noting that they had reached out to the Thors who seemed to have closed the door on their conversations. Mayor O'Donnell closed the appeal hearing and opened the item for Council deliberation. Vice Mayor Fredericks asked about the different numbers of two -story homes being cited by the speakers. Planning Manager Watrous said that it was unusual to hear all the numerical discrepancies but said that staff had not gone out to the neighborhood to make an independent count. Assistant Planner O'Malley thought the confusion also might be that some people were counting second stories in both Belveron East and Belveron West. Vice Mayor Fredericks asked staff about the differences between the two areas; whether two - stories in Belveron West were developed under different guidelines, or whether there was a sense that there was less impact in one area over another. Planning Manager Watrous said there had been less controversy in Belveron West over this issue but could not say why; only that that development had been more gradual in Belveron East, and had gone smoothly until the 22 Mercury Avenue [Dibble] application. Councilmember Slavitz said that the issue really boiled down to neighborhood character. He cited his years of service on the DRB; he said the history of approval of second stories in Belveron East was on the perimeter but not the interior. He said the proposed second story next to the Thor home would stick out like a sore thumb, regardless of any other reasons cited, such as privacy or view loss; he said it was about neighborhood character. Town Council Minutes #18 -2013 November 20, 2013 Page 9 Councilmember Slavitz said that Belveron looks as good as it does because of these restrictions (limiting two- stores to the perimeter); he said that the small lots with a bunch of two -story homes would not look right. Slavitz agreed that there needed to be more discussion between the Town Council and Design Review Board and the community on these issues; but he wondered whether it would actually be possible to be more specific than the current guidelines. But he also cautioned against an overturn of the DRB decision, stating that the Council would never be able to say "no" again to a second story, if this were allowed. Vice Mayor Fredericks described her thought process on the appeal. She said the plans for the Bell home were well designed and that it was a charming house; however, she said she thought that neighborhood character was more than style; she said it was the character of the homes themselves. She said the challenge was how to maintain a pace of change without eroding this character and that numbers alone are not the entire story. The Vice Mayor reiterated that the Zoning Ordinance allows review of applications on a case -by- case basis. She said that the review process allows for minimizing conflicting needs and has a harmonizing effect. Fredericks said that the DRB rejected this application because of its impacts on 27 Juno Road; its - direct view into the Thor's backyard and entire living space. She said that even though the lots are small in Belveron, a one -story home would still allow a play area for the Bell family, especially since theirs was one of the larger lots in the area. The Vice Mayor said she would recommend waiver of the re- submittal fees if the Bells came back with a one -story design. She said she also favored further discussion of the second -story issue in a workshop setting. Councitmember Fraser agreed that this was a polarizing issue and discussion. He said that the Town's guidelines and principles are part of what keeps the Town special. He said these guidelines encourage folks to knock on their neighbors' doors and find out what they think of their plans. He said that staff should encourage this, as well. He said the Design Review Board does a great job, as well as a thorough job; he said the Board got it right in this instance. Fraser acknowledged the concessions made by the Bells; he said they had lowered their ceiling heights, for instance, and he suggested that the neighbors should not be upset if they come back with a one -story design with higher ceilings. In closing, Councilmember Fraser said that he would vote to deny the appeal and preserve the neighborhood character. Mayor O'Donnell said that he strongly disagreed and would vote to grant the appeal. He said that privacy was a false issue; that sometimes the loss of privacy is exaggerated in hearings in all r neighborhoods in the Town. LTown Council Minutes #18 -2013 November 20, 2013 Page 10 O'Donnell said that this [ Belveron] area is a dense suburban area. He said that the Bell's rproposal would not result in view blockage but would actually upgrade the [Thor's] view l because it would block out telephone lines in the view corridor. O'Donnell said this was all a matter of perspective. The Mayor said that he, too, had served on the DRB. He said that during his tenure, the Board had allowed second stories in Belveron as long as they were centered on the property in order to avoid the creation of "walls" to the side or front; those were the guiding principles they used. And if an applicant did not want a two -story home, O'Donnell said the Board was generous with variances and the Council had supported this thinking in workshops where it was discussed. Mayor O'Donnell said that the Council would fail the community if it didn't provide guidance on this issue. He suggested coming up with a set of ` Belveron Guidelines ", similar to the format of the Hillside Design Guidelines. He said the Bell's two -story application was modest and would fit within the character of the neighborhood. He said the Council should think carefully about what the opinion of the entire neighborhood was on this issue. MOTION: To direct staff to return with a resolution of findings to deny the appeal. Moved: Slavitz, seconded by Fredericks Mayor Fredericks asked to amend the motion in order to waive fees for submittal of a one -story design. Fredericks also spoke in favor of a community forum on the matter however, she said that consistency is difficult when review is made on a case -by -case basis. She said it would be difficult to create a new set of criteria on which to base this type of review. She said that privacy is one of the criteria referenced in the guiding principles already in existence. Mayor O'Donnell disagreed; he said that the comparisons between the Dibble application and this application were misguided and false. He maintained that there was a way to come up with criteria on which to review a second -story application; for instance, having a percentage of the square footage allowed for the first floor, and a percentage for the second floor; centering on the property, etc.; similar to the Hillside Design Guidelines. MOTION: To direct staff to return with a resolution of findings denying the appeal and to waive the fees for submittal of a one -story design. Moved: Fredericks, seconded by Fraser Vote: AYES: Fraser, Fredericks, Slavitz NOES: O'Donnell ABSENT: Doyle Town Council Minutes #18 -3013 November 20, 2013 Page 11 TOWN COUNCIL REPORTS • Update from Councilmember Fraser on marketing and communication Councilmember Fraser gave a report from the Marketing and Communications Task Force (part of the Council's Downtown Revitalization ad hoc committee). He showed two sign boards that were being considered for use on Caltrans signs on Tiburon Boulevard to provide direction to visitors coming to the Town. The first sign board showed an earlier version of "Tiburon by the Bay" with a graphic rendition of the downtown fountain, Coming About. He also showed a more recent version with a graphic rendition of water in the Bay. Councilmember Fredericks said the second version was much nicer. Councilmember Slavitz commended the group for its work. Town Manager Curran noted that no action was being asked of the Council; that this was simply a Town Council report. She did note, however, that the new signage had been approved in the 2012 -13 budget and that this [latest version of signage] was the direction recommended by the Task Force, as well as one that would fit within the stringent Caltrans guidelines. • Other reports Vice Mayor Fredericks said that a Telework Initiative was being sponsored by the Transportation Authority of Marin (TAM) to help ease traffic congestion. She asked whether local businesses imight be notified of the upcoming webinar. Town Manager Curran agreed. Mayor O'Donnell reported on a proposal before the RBRA Board to issue citations to unoccupied or abandoned boats in Bay. He said that local law enforcement could assist in the citation process. He said the purpose of the action was to prevent ongoing environmental degradation of the Bay by these vessels. Mayor O'Donnell also reported on a request he had received for a Mayor's proclamation in honor of Harvey Roger's 90s' Birthday which falls on Thanksgiving this year. TOWN MANAGER'S REPORT In her report, Town Manager Curran provided some addition information on the Harvey Roger's item by informing the Council of the Tiburon Peninsula Foundation's interest in funding a water fountain in the vicinity of Blackie's Garden. She also said the TPF would like to inscribe the fountain with the words, "Harvey's Garden" in recognition of his efforts in developing and maintaining the garden over the years. WEEKLY DIGESTS • Town Council Weekly Digests for November 8 & 15, 2013 Town Council Minutes #18 -2013 November 20, 2013 Page 12 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor O'Donnell adjourned the meeting at 10:55 p.m. ATTEST: u �o' DIANE CRANE TACO , TOWN CLERK Town Council Minutes #18 -2013 November 20, 2013 Page 13