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HomeMy WebLinkAboutTC Minutes 2014-02-05TOWN COUNCIL MINUTES CALL TO ORDER Mayor Fredericks called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, February 5, 2014, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS PRESENT: EX OFFICIO: Doyle, Fraser, Fredericks, O'Donnell, Tollini Town Manager Curran, Town Attorney Danforth, Director of Administrative Services Bigall, Director of Community Development Anderson, Planning Manager Watrous, Town Clerk Crane Iacopi Prior to the regular meeting, the Council met in closed session, beginning at 6:00 p.m., to discuss the following: CLOSED SESSION — (6:00 p.m.) PUBLIC EMPLOYEE PERFORMANCE REVIEW (Section 54957) Title: Town Manager Title: Town Attorney CLOSED SESSION ANNOUNCEMENT, IF ANY Mayor Fredericks said that there was no action taken in closed session on the matter discussed. ORAL COMMUNICATIONS George Landau, 41 -year resident, said he had attended the State's Angel Island concession hearing and asked if the Town was planning to make a statement or adopt a resolution in support of Angel Island Ferry. On the subject of the state -wide drought, Landau said he remembered the water shortages of the 1970s. He noted that the City of Mill Valley was supporting grey water initiatives and encouraged the Town to join other communities in this endeavor, as well. Town Council Minutes #02 -2014 February 5, 2014 Page I PRESENTATION • Belvedere- Tiburon Library Agency & Library Foundation reports Deborah Mazzolini, Executive Director of the Belvedere- Tiburon Library Agency, provided on the service statistics for the 2012 -13 fiscal year (more fully delineated in the written Annual Report). Mazzolini said that the demand for services and the execution of programs were all up over previous years. She noted that the 2012 California State Library report had stated that the Belvedere - Tiburon Library ranked fourth in the State in circulation for libraries among its size. Glenn Issacson, Building Committee Chair, gave an update on the plans for the library expansion. He said that during the current fund- raising period, there had been no expenditures but that when fundraising reached a certain point (estimated to be in 2015), architectural drawings and design would commence. He said that actual construction was estimated to cover an 18 -month period, once final plans are approved. Mazzolini introduced Donna Bero, of the Library Foundation who she said had a background in fundraising for the San Francisco Public Library and Conservatory of Flowers. Mazzolini said the Foundation was indeed lucky to have such an experienced person at the helm of its capital project fundraising. Ms. Bero explained that the Foundation was a not a public agency but rather a private, non -profit (5013c)) foundation that was governed by its own Board of Directors. She said that its expenditures had been $138,000 in the previous year. She noted that funding comes from individuals, events, investment returns, and proceeds from the Corner Books store. She said that 81 % of the proceeds go directly to the Library Agency and that 16% of the Library's program costs of the Library are covered by foundation proceeds. As of year -end, Ms. Bern said the Foundation had raised $5,900,000. She said their mission was to support the Library's collections and programs and capital projects through advocacy, book sales and events, and community outreach. Mayor Fredericks thanked the three speakers for their presentation. CONSENT CALENDAR Town Council Minutes — Adopt minutes of January 15, 2014 meeting (Town Clerk Crane Iacopi) 2. FY 2013 -14 Town Budget —Accept mid -year budget report (Director of Administrative Services Bigall) 3. 1704 Tiburon Boulevard — Adopt resolution denying an appeal by K2 Properties and Decker Bullock Realty, Inc. of the Planning Commission's decision to deny a conditional Town Council Minutes #02 -2014 February 5, 2014 Page 2 I F- use permit application to establish a real estate business office in the VC Zone (Community Development Department) 4. Storm Drain Repairs – Authorize award of contract for budgeted work in 2013 -14 (Department of Public Works) Appointments to Boards, Commissions &Committees – (Town Clerk Crane Iacopi) a) Belvedere- Tiburon Joint Recreation Committee ( "The Ranch ") – Ratification of "at large" representative selected by the Reed Union School District; b) Homeless Policy Makers Committee – Appointment of Vice Mayor Doyle as the Town Council's representative to a subcommittee of the County's Homeless Policy Steering Committee 6. Caltrans Relinquishment Study – Approval of Cooperation Agreement with Caltrans for the Project Scope Summary Report (PSSR) (Town Attorney Danforth) Item Nos. 1, 2, 3 and 6 were removed from the calendar for discussion. The following two items were approved: MOTION: To approve Item Nos. 4 and 5, as written. Moved: Fraser, seconded by Tollini Vote: AYES: Unanimous Councilmembers O'Donnell and Tollini had corrections to page 3 and 8 of the minutes. MOTION: To approve Item No. 1, as amended. Moved: O'Donnell, seconded by Tollini Vote: AYES: Unanimous Councilmember Fraser noted that he had recused himself from hearing this [appeal] item at the February 5 meeting. MOTION: To approve Item No 3, as written. Moved: O'Donnell, seconded by Doyle Vote: AYES: Doyle, Fredericks, O'Donnell, Tollini ABSTAIN: Fraser Councilmember O'Donnell asked about two items in the budget report (Item No. 2 )—the new police vehicle and funding for the emergency sirens. Town Manager Curran said that there was a slight acceleration in the replacement schedule for the police vehicle but that it was scheduled and did not represent an additional vehicle. Curran when onto say that half of the $100,000 slated for funding of the emergency sirens on the peninsula was paid and the remainder would be funded upon successful testing of the sirens. Town Council Minutes #02 -2014 February 5, 2014 Page 3 MOTION: To approve Item No 2, as written. Moved: Fraser, seconded by Doyle Vote: AYES: Unanimous Mayor Fredericks had the following comments about the PSSR ( Caltrans study). She said that although the study had been approved in concept by the Council, two key pieces of information — sea level rise and flooding — as well as sources of funding for future paving — would be either incomplete due to the scope of the study and the future legislative outcome of funding sources. She said she had confirmed the former explicitly in a conference call with Caltrans representatives and that legislatively, the State was in the process of shifting costs onto local jurisdictions because local funds and bonds were drying up. Additionally, Fredericks said that both the Governor in his budget and a Caltrans Director in a recent presentation described coming policy changes for Caltrans that would result in more attention to the priorities of local jurisdictions, including a simplified design exceptions process. The Mayor continued to call for an independent cost benefit analysis of the risks involved in taking over a portion of the Boulevard and said that the Town should not rely on Caltrans to do this. She said that such an independent study could proceed without knowing the exact boundaries of the boulevard (information anticipated in the PSSR). The Mayor also continued to express her concern that any future paving of Tiburon Boulevard would be a drain on the Town's General Fund in perpetuity. For these reasons, she said she would continue to vote against spending Town funds on this matter. Councilmember Fraser said that he had a slightly different perspective on the matter. He said he agreed on the expressed need for a cost benefit/risk analysis. But he said he also thought the PSSR study was greater in scope than characterized above and that the Town would benefit from it. He said he would vote for the PSSR, as well as another [independent] study. Councihmember O'Donnell agreed with this analysis. He said he viewed the PSSR as a down payment on a potential venture and that the Town needed to have this information in order to find out if it wanted to proceed. He added that the cost of the PSSR had been negotiated downwards from $180,000 to $108,000. Vice Mayor Doyle agreed with all the opinions expressed and said he favored taking the parallel path and having two studies. He said that getting all the information would help the Council make the right decision at the right time. Councilmember Tollini said she was a fan of "more" information and agreed on the need for the two studies in tandem. Mayor Fredericks opened the matter to public comment. Town Council Minutes #02 -2014 February 5, 2014 Page 4 Diane Lynch, Solano Avenue resident, said that while the Town had saved money on election costs by appointing its Council, she thought that the money might be well spent on the matter of relinquishment by putting it to a vote of the Townspeople. Ms. Lynch said that it seemed to her that the idea of relinquishment seemed to be mostly about the improvement of the downtown business district; but she argued that the entire Town would have to pay for relinquishment. She agreed with the Mayor's remarks that more information was needed about flooding, especially in [chronic] areas like Tiburon Boulevard and Beach Road. Bill Lukens, Las Lomas Lane, said he spoke for himself as well as expressing the opinion of former Mayor Denis Rice who had serious concerns about relinquishment of Tiburon Boulevard. Mr. Lukens said that not only are we in the dark about costs but also about the benefits of such a venture. Lukens aid that Mayor Rice and his colleagues on the Town Council bad reviewed the matter 40 years ago and had decided against relinquishment due to ongoing costs and unknowns, such as tidal movement and drainage problems; issues he said remain today. Richard Kandell, resident, asked the Council to save its money until it had asked the residents of Tiburon if they want to take over the road. There was no more public comment. MOTION: To approve Item No. 6, as written. Moved: O'Donnell, seconded by Fraser Vote: AYES: Doyle, Fraser, O'Donnell, Tollini NAYES: Fredericks PUBLIC HEARING 1. Zoning Ordinance Text Amendments — Amend Title IV, Chapter 16 (Zoning Ordinance) of Town Code to incorporate various proposed text amendments including but not limited to: Expanding limitations on ground floor office use locations in the downtown; Requiring site plan & architectural review for the demolition of main buildings; Modifying permitted flagpole heights; Adding a new findings for approval of conditional use permits; and other miscellaneous text amendments (Community Development Department) — introduction and first reading of ordinance In his report, Planning Manager Watrous said that the text amendments before the Council were two -fold: The first represent a number of clean-up text amendments to the Tiburon Zoning Ordinance to address issues that have arisen, and the second part are revisions to correct or clarify minor text discrepancies and errors that have been discovered since the adoption of the comprehensive Zoning Ordinance update in 2010. L Watrous said the Planning Commission had conducted a public hearing on the proposed text amendments on October 23, 2013. He noted that the staff report for that meeting (attached as Town Council Minutes #02 -2014 February 5, 2014 Page 5 Exhibit A to the written report for this meeting) contains descriptions of the various amendments and their intended purposes. Watrous also referenced a supplemental staff report (Exhibit B) that contains several recommended revisions to the draft text amendments described in the original staff report. At the October 23, 2013 meeting, Watrous said the Planning Commission heard testimony from several residents who supported the recommended changes that would expand the list of addresses where street - fronting ground floor office uses are prohibited (without the granting of an exception) to include additional properties along Tiburon Boulevard. He said that staff also recommends an additional finding be included to ensure that a future ground floor office use is not proposed in an inappropriate location based on general plan and zoning The Planning Manager said the use is otherwise consistent with the General Plan and Zoning Ordinance provisions and the findings can be made for approval of a conditional use permit for the use. He recommended that the Council hold a public hearing and take testimony on the proposed text amendments and consider adoption of the draft ordinance. Mayor Fredericks asked for comments from the Council. Councilmember Tollini asked about the text amendments that had been added since the last [Planning Commission] hearing; she asked whether the proposed ordinance should go back to the Planning Commission for further review prior to consideration by the Town Council. Town Attorney Danforth said that the Government Code Section pertaining to ordinance adoption clearly requires the Council to refer the new language to the Planning Commission, but is ambiguous as to the timing. She said that given this ambiguity, she thought it would be acceptable for the Council to conduct its hearing and pass fast reading of the proposed ordinance but it would also be prudent to defer final adoption of the ordinance under after the Planning Commission had time to review the additional changes. Planning Manager Watrous said that there was a Planning Commission hearing scheduled before the next Town Council meeting in which this could be accomplished. Councilmember Fraser asked about some text on page 3, pertaining to height of FCC antenna. He asked whether this was a change to the ordinance. Director of Community Development Anderson said no, that the changes to text were noted in strikeout or underline format and that this was not a change to the ordinance. Planning Manager Watrous clarified that the text referenced by the Councilmember had to do with the heights of flagpoles. Councilmember Fraser also asked about the "new" construction project versus remodel definition on page 4. Planning Manager Watrous said this language was found elsewhere in the Zoning Ordinance and pertained to the basic definition of [remodel of] less than 50% of change to a house or structure. Town Council Minutes #02 -2014 Februag 5, 2014 Page 6 Councilmember O'Donnell commented that when Councilmember Tollini was on the Planning Commission, she reviewed this item. She stated then that any new ordinance could not be applied retroactively to the application for a real estate office at the location of Tiburon 111 Boulevard and Main Street. Councilmember O'Donnell believed that Councilmember Tollini was completely correct on this point, and he mentioned it again, because he thought it was important to clarify that the Town was denying the application for the real estate office on the basis of not adhering to various provisions in the General Plan for downtown commercial uses and not on the basis of the new ordinance. He said he made this point because there was late mail from counsel objecting to the Council's actions. Mayor Fredericks opened the public hearing. There was no public comment. Mayor Fredericks closed the public hearing. MOTION: To read the ordinance by title only. Moved: O'Donnell, seconded by Doyle Vote: AYES: Unanimous Mayor Fredericks read, "An ordinance of the Town Council of the Town of Tiburon amending Municipal Code Title IV, Chapter 16 (Zoning) by making various text amendments ". MOTION: To pass first reading of the ordinance, and direct staff to refer the item to the Planning Commission for its report and recommendation on the text change prior to adoption by the Town Council. Moved: Tollini, seconded by O'Donnell Vote: AYES: Doyle, Fraser, Fredericks, O'Donnell, Tollini TOWN COUNCIL REPORTS Mayor Fredericks commented on the proposed plastic bag ban ordinances that are currently working their way through the Mann cities. She said it would be preferable [for the Town] to wait a little while longer before undertaking this issue, in light of the fact that there are two separate bills before the state legislature. She said that while she supported the concept of the bag bans, she said it would be helpful to see how the state -wide legislation sorts out before adopting a local ordinance. TOWN MANAGER'S REPORT Town Manager Curran noted that the February meeting of the Marin County Council of Mayors and Councilmembers is being hosted by the Town of Tiburon and Marin Community United. She said that Jason's Restaurant in Greenbrae had been originally selected for the location for capacity, ease of parking, and the "central location" policy of MCCMC. However, she noted that at the last MCCMC meeting, several Council members had said that the Town should the dinner in Town. Mayor Fredericks added that her colleagues on the Council had wanted to show their Lsupport for local businesses, so that the new location that had been chosen is Sam's Anchor Cafe. Town Council Minutes #02 -2014 February 5, 2014 Page 7 Town Manager Curran said that owners Steve Sears and Brian Wilson had been very helpful to the Town in planning this event. WEEKLY DIGESTS • Town Council Weekly Digests —January 24 & 30, 2014 There being no further business before the Town Council of the Town of Tiburon, Mayor Fredericks adjourned the meeting at 8:25 p.m. ALICE FRE ERICKS, MAYOR ATTEST`. DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes #02 -2014 February 5, 2014 Page 8