HomeMy WebLinkAboutTC Minutes 2014-03-05TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Fredericks called the regular meeting of the Tiburon Town Council to order at 7:30 pm.
on Wednesday, March 5, 2014, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon,
California.
ROLL CALL
PRESENT: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell, Tollini
PRESENT: EX OFFICIO: Town Manager Curran, Town Attorney Danforth,
Director of Administrative Services Bigall, Director
of Community Development Anderson, Planning
Manager Watrous, Interim Director of Public Works
Petrie, Police Chief Cronin, Town Clerk Crane
Iacopi
Prior to the regular meeting, the Council met in closed session, beginning at 6:30 p.m., to discuss
the following:
CLOSED SESSION — continued from February 5, 2014
PUBLIC EMPLOYEE PERFORMANCE REVIEW
(Section 54957)
Title: Town Manager
Title: Town Attorney
CLOSED SESSION ANNOUNCEMENT, IF ANY
Mayor Fredericks said there was no action to report.
ORAL COMMUNICATIONS
Allen Bortel, Ned's Way, informed the Council that he would be stepping down in June, after 12
years, as the Town's representative to the Marin Commission on Aging. Mr. Bortel noted that he
had been appointed to the California Senior Legislature and was running nig for another term. He
described the mission of the California Senior Legislature and its advocacy on behalf of seniors.
Mayor Fredericks thanked Mr. Bortel for his service to the Town and on behalf of our seniors.
Town Council Minutes #03 -2014 March 5, 2014 Page 1
r
PRESENTATION
• Marin Transit District Update on Tiburon Route 219 —(Robert Betts, Planning Manager)
Marin Transit District representative Robert Betts updated the Council on how the Route 219 and
219F Shuttle program — service to the Tiburon Peninsula - had progressed since its roll -out in
August 2013. He informed the Council that ridership at 8 passengers per hour is the threshold
for viability and that generally the program is meeting its target. He said that ridership on the
weekends was less than during the week. Mr. Betts commented that the shuttles carried workers
into and out of downtown Tiburon and that it was also utilized by the student population on the
peninsula.
Mr. Betts said the shuttle program came about as a result of an outreach program (survey)
conducted by the transit district in 2011. In this survey, he said that the public requested a high
frequency connection between Strawberry and downtown Tiburon that would connect to the ferry
service. This resulted in three trips in the morning hours and three in the afternoon that are timed
to the ferry; the shuttles go up into the hillside neighborhoods, as well as provide service to
Belvedere, according to Betts.
Mr. Betts also described several proposed service changes being contemplated by the Marin
Transit District Board: 1) to reroute service off of Reed Boulevard in Strawberry and to make a
connection at the northbound Seminary Drive bus pad thereby creating more connectivity to
other bus routes; and 2) to change one ferry service route in order to meet the last ferry in
Tiburon rather that the first a.m. ferry, based on demand.
Council had some questions and comments.
Councilmember Fraser applauded Betts and his team for bringing enhanced service to the
Tiburon peninsula community. He asked how the Council could help increase ridership and
ensure the continued success of the program.
Mr. Betts said that one way would be to create partnerships, through advertising the service for
special events, such as the Wine Festival, particularly when parking might be an issue; also, to
make mention on the Town's website for every town event. He said and another way would be
to promote, through incentives such as free or discounted passes, programs by employers,
businesses or the Town, to encourage their workers to use the shuttle service.
Fraser and Betts talked about the idea of "apps" on cell phones and the like to show shuttle
schedules; Betts said that there was already a "real time" graph on -line that showed the exact
location of the shuttle and estimated arrival at the next stop. He also mentioned that they had
shown hotels an iPad application that could be shared with their guests at the concierge desk, and
the like.
Town Council Minutes #03 -2014 March 5, 2014 Page 2
Councilmember O'Donnell also applauded the program and said that his son used the shuttle
twice a week. He asked whether there was a possibility to "rebrand" the shuttle service with a
catchy name, such as the "Shark Shuttle ", that might attract ridership.
Mr. Betts said that permanent signage might be difficult on the buses themselves, as they were
switched out to other routes at different times during the day within the Marin Transit District.
But he also noted that the digital "head sign" might be changed.
O'Donnell also expressed concern regarding the re- routing of the shuttle off of Reed Boulevard.
He said that this was an important stop for riders going to the Strawberry Recreation Center
which provided service to kids going to Little League games, the swimming programs, etc. He
said he thought that "NIIvIBYism" had prompted the route change and expressed regret about it.
Mr. Betts said that two stops would be preserved in the vicinity but conceded that the change
would now require kids to have to cross Tiburon Boulevard in order to get to the Strawberry
Recreation Center. O'Donnell said that this would be too dangerous and too tough for many
kids.
Mayor Fredericks said the Council had received questions about the timing of shuttles to school
bells; she asked whether there were any constraints for transit district [non - school- district] busses
to provide service to the schools. Betts said that it was hard to meet the needs of the schools due
to economies of scale; he said that the bells are too close and that the district would have to
dedicate one bus to each school. He also said there are preclusions for transit district busses to
go onto school properties and for transit dollars to be diverted to school routes. Nevertheless, he
said the district tried wherever it could to cooperate with the school districts and shared a
common goal to reduce congestion within the County.
Mayor Fredericks asked whether the 219 program might eventually become a substitute for the
Route No. 8 of the Golden Gate Bridge District. Betts said that the Marin Transit District No.
219 would never go into San Francisco; and that if the Golden Gate No. 8 were ever
discontinued, it might follow that the 219 could be rerouted to connect to the highway stop at
Strawberry in some fashion.
Finally, Mayor Fredericks asked about a possible connection to the Marin Airporter bus pad in
Strawberry. Betts said they were going to test that, and possibly going on to Mazanita, as well,
but only to determine if that would be productive. He commented that the latter might not make
sense because it would be too far off route.
Mayor Fredericks asked Mr. Betts to describe the methodology used by the transit district to
measure targets and ridership. He did so, explaining that it was not random and was an
established methodology; he also noted that every month the Board received reports and and
made service changes, if necessary.
Town Council Minutes #03 -2014 March 5, 2014 Page 3
Town Manager Curran commended Mr. Betts and said he had been a terrific partner to the Town
of Tiburon. She thanked him for his continued vigilance.
Mayor Fredericks asked if there were any questions or comments from the public.
Allan Bortel also commended Mr. Betts for the institution and success of the program. He
suggested another source of riders, namely, the Roads Scholars who come into Town and stay at
the Lodge. Bortel also suggested that advertising in San Francisco about the route would be
helpful, and if the Marin Airporter company could advertise the connection to their busses, as
well.
Leslie Alden thanked the Council and Betts for the presentation. She invited everyone to attend
the meeting at Strawberry Recreation Center on March 12 and share their views about the
program.
Mark Lieberman, resident of Belvedere Drive (Strawberry), rebutted the comment about
NIIvMYism. He said that they were never notified of the meeting regarding [the institution of]
the shuttle service and that they had ongoing safety concerns that had not been addressed. He
commented, for instance, that there were no sidewalks in areas of Strawberry and he feared for
children like his two- year -old who did not yet know about the danger of automobiles.
Nevertheless, Lieberman said he was happy to hear of the new connection to the Airporter bus
and said that the residents of Strawberry would likely use this service. He also said he hoped that
everyone could work together more closely in the future for a positive result.
Ken Weil, Hilary Drive, said that he had participated in the original study but was shocked to see
that his name had been used in print [on the published results of the study]. Mr. Weil said he
shared some of the concerns expressed by Mr. Lieberman, as he lived in an area with no
sidewalks, as well, and that the [commuter] shuttle went up and down Hilary Drive. He said that
he had raised this issue but had not received any notification of the meeting tonight. He said he
was torn about what to think of the program overall.
Mr. Bortel suggested that Mr. Weil might subscribe to the Town's newsletter as a way to stay
informed of programs and meeting schedules.
CONSENT CALENDAR
1. Town Council Minutes — Adopt minutes of February 5, 2014 meeting (Town Clerk
Crane Iacopi)
2. Town Council Investment Summary — Accept January 2014 report (Director of
Administrative Services Bigall)
Town Council Minutes #03 -2014 March S, 2014 Page 4
Town Financial Audit Report —Accept report for fiscal year ending June 30, 2013 (Director
of Administrative Services Bigall)
4. Commendation— Adopt resolution commending Mervin Field for his lifetime
achievements and continuing contributions to the Tiburon community (Heritage & Arts
Commission)
5. Notice of Completion of Town Project— Adopt resolution accepting downtown Tiburon
Guest Facilities project as complete and authorize filing of Notice of Completion
(Department of Public Works)
6. Notice of Completion of Town Project— Adopt resolution accepting Dairy Knoll
Recreation Building project as complete and authorize filing of Notice of Completion
(Department of Public Works)
Annual Street Rehabilitation Project — Authorize call for bids for 2013 -14 Annual Street
Rehabilitation Project (Department of Public Works)
8. Appointments to Town Boards, Commissions and Committees — Consider appointments
to fill expiring term vacancies on Town boards and commissions (Town Clerk Crane Iacopi)
Item Nos. 1, 3, and 5 were taken off the consent calendar for discussion.
MOTION: To adopt Consent Calendar Item Nos. 2, 4, 6, 7 and 8, as written.
Moved: Doyle, seconded by O'Donnell
Vote: AYES: Unanimous
Council discussed the remaining items, as follows:
Town Council Minutes — Adopt minutes of February 5, 2014 meeting (Town Clerk
Crane Iacopi)
Mayor Fredericks asked for a correction on page 4; Councihnember O'Donnell asked to strike a
paragraph from page 6 and replace it with new text that more accurately reflected what he had
said. Item continued to next meeting for adoption.
3. Town Financial Audit Report —Accept report for fiscal year ending June 30, 2013 (Director
of Administrative Services Bigall)
Councilmember Tollini said that one of the line items in the Town's income statement did not
foot with several figures in the report. Director Bigall asked for a moment to review the pages in
questions and prepare a response. Town Manager Curran suggested that staff prepare a brief
memo to Council by way of response.
Town Council Minutes #03 -2014 March 5, 2014
Page 5
MOTION: To adopt Consent Calendar Item No. 3, as written.
Moved: Tollini, seconded by Fraser
Vote: AYES: Unanimous
5. Notice of Completion of Town Project — Adopt resolution accepting downtown Tiburon
Guest Facilities project as complete and authorize filing of Notice of Completion
(Department of Public Works)
Councilmember O'Donnell noted that the mayor's name was stated incorrectly in the adopting
resolution. Town Clerk Crane Iacopi said that the typo had been corrected after the packets went
out.
MOTION: To adopt Consent Calendar Item No. 5, as amended.
Moved: Fraser, seconded by Tollini
Vote: AYES: Unanimous
ACTION ITEMS
1. Tiburon Boulevard Medians — Recommendation to approve call for bids for the Tiburon
Boulevard Median Landscape Project (Department of Public Works)
In her report, Town Manager Curran brought the Council up to date on the proposed Tiburon
Boulevard Median Landscape Project. She said the project would entail the curb -to -curb
removal of concrete in the medians from Cecilia Way to Bay Vista Drive and the introduction of
plant soil, an irrigation system, and planting. In addition, Curran said that the Town's
Maintenance Agreement with Caltrans, currently in place for all the planted medians, would need
to be modified to expand the Town's responsibilities and include the new planted areas. She said
the Town is currently working with Caltrans to both modify the existing Maintenance Agreement
and gain a Caltrans Encroachment Permit for the project.
Town Manager Curran said that the Town's current fiscal year budget included $65,000 for
engineering the median project. She said she was happy to report that the results of this study
had produced good news in that the estimated price was lower than staff had anticipated.
Curran noted previous estimates put the project cost at between $500,000 and $600,000; she said
that detailed engineering now provided a revised budget of $417,181, inclusive of soft costs and
a 15% contingency. Curran said that the Council had earmarked an additional $235,000 in the
five -year capital plan to fund this project (for a total contribution of $300,000); funding that was
contingent upon its inclusion in the 2014 -15 budget. Curran said that the Council was not being
asked to approve this amount at this time, rather, to authorize staff to bid the project and return to
the Council for further discussion and a possible award of bid at the first meeting in July 2014.
The Town Manager noted that the Board of Supervisors had provided a $25,000 contribution to
the project, the site of which is located in the unincorporated area of the County on Tiburon
Town Council Minutes #03 -2014 March 5, 2014 Page 6
Boulevard, which leaves a funding gap of $92,181. She said that efforts are underway with the
l Tiburon Peninsula Foundation to raise some or all of these funds through public donations. She
also noted that the City of Belvedere had been approached to contribute to the project because
Tiburon Boulevard represents the entryway to that city, as well.
Curran said that if fundraising efforts were successful, and Council approves the project, a permit
might be issued for work to begin in the Fall. Otherwise, she said that an entire year would be
lost if the project was not bid this spring. Curran said that because the project estimates had come
in under estimate, making the fundraising a realistic goal, she recommended that the Town
Council authorize staff to bid the Tiburon Boulevard Median Landscaping Project at this time.
Mayor Fredericks asked for clarification what was meant by Curran's statement that the Council
had the "wherewithal" to take action at this time. Town Manager Curran said that because the
Town had already approved the engineering for the project, an approval to bid the project would
preserve the Town's positioning for a potential permit in the Fall.
Mayor Fredericks asked if there was any public comment. There was none.
MOTION: To authorize staff to bid the Tiburon Boulevard Median Landscaping Project, as
described in the staff report.
Moved: O'Donnell, seconded by Fraser
Vote: AYES: Unanimous
2. FY 2013 -14 Town Budget Amendments — Authorize mid -year budget amendments
(Director of Administrative Services Bigall)
Director of Administrative Services Bigall said that following the mid -year budget review at the
February 5, 2014 Council meeting, staff indicated that it would return at the subsequent meeting
to request amendments to the 2013 -14 fiscal year Town Budget for several unanticipated
expenditures. She described these expenditures in more detail in the written report. They are, it
summary:
-- Town's 500i Anniversary Celebration: Staff request for budget amendment of $30,000 in
current fiscal year to augment the already budgeted $20,000; total cost of event is estimated to be
between $75,000 and $100,000;
- -Minor Remodel of Upstairs Offices at Town Hall resulting from Recreation Department move
to new facilities at Dairy Knoll: Staff request for $50,000 fi-om the Unallocated General Fund for
this project, to begin in early Spring and will include a new conference room with audio and
video capabilities and reconfiguration of remaining space for building and planning file storage;
-- Blackie's Pasture Frontage Improvements: Staff request for an additional $20,000 from the
Unallocated General Fund ($40,000 total) for modest improvements to the hardscape and
Town Council Minutes #03 -2014 March 5, 2014 Page 7
landscape area along Tiburon Boulevard, including making the area more accessible for the
disabled to comply with the Americans with Disabilities Act (ADA);
-- Replace Police Vehicle: Staff request for $33,625 from the Capital Equipment Replacement
Fund to rotate one vehicle slightly ahead of schedule, a 2003 Crown Victoria with over 275,000
miles that had experienced major mechanical problems;
-- Replace Police Mobile Data Computers: Staff request for $21,600 from the Technology
Replacement Fund for equipment that supports current Department records management
software;
-- Peninsula Emergency Siren System: Staff request to budget the final installment of $52,500
from Unallocated General Fund for the (Town contribution) toward new system.
Council had some questions of staff.
Councilmember Fraser referenced the recent siren test on February 20. He said that he had not
seen an official report of the results, however, he had read and heard that the sirens were not as
audible as we would have liked in various places on the peninsula. He suggested delaying the
balance of the payment until further testing and any bugs had been worked out.
Chief Cronin acknowledged that the sirens were not as loud as expected, and two of them were
not working properly. On the other hand, he said that most people who were outside of their
homes had heard them; he said that it was not expected that the sirens would be heard necessarily
by people who were indoors. The Chief said his personal opinion was that the test had achieved
pretty good coverage, and that combined with the direct calls from the MEANS and TENS call
out systems, he thought that everyone on the Tiburon Peninsula could be reached during an
emergency.
Councilmember Fraser asked if "tweaks" would be made to the (non - functioning) sirens; the
Chief said that yes, the tweaks were in progress and that the system would be retested to ensure
its workability.
Councilmember Fraser also asked about the pricing for the computer equipment in the police
patrol cars; he said he was surprised at the cost, given how much it costs to buy laptops at retail.
The Chief agreed but said that these laptops were not off the shelf; they had touch screens and
were "ruggedized for the challenging circumstances of police usage. He said that they had
looked into pricing and other vendors before proposing the purchase and were satisfied this was
the best price available.
Councilmember Doyle commented that unlike some people who did not hear the sirens while
inside their homes, he said the siren in his neighborhood was so loud (during the test) that it
seemed like it was right in his backyard.
Town Council Minutes #03 -2014 March 5, 2014 Page 8
Mayor Fredericks said that some people had posted comments on her Facebook page that it was
difficult to distinguish the sound of the sirens from other, emergency vehicles. She asked
whether a different sound might be chosen.
Chief Cronin said this was a point well taken and that there were three or four [sound] options
available. He also said that more frequent testing would be helpful in creating an "identifier" for
the sirens so that people would know what they should start listening for.
Councilmember O'Donnell asked about the replacement of the police vehicle and why it was not
in the current year's budget. Chief Cronin said that it was in the replacement schedule but did
not quite make it to the due date, even after minor repairs. He said that to make more extensive
repairs would not be cost effective.
There were no other comments from the Council or the public.
MOTION: To authorize the budget amendments, as proposed.
Moved: O'Donnell, seconded by Doyle
Vote: AYES: Unanimous
Mayor Fredericks moved up the public hearing item.
PUBLIC HEARING
1. 2 Miraflores Lane — Application for precise plan amendment to extend existing secondary
building envelope to accommodate a proposed garden room/cabana and additional deck
area (Community Development Department)
Precise Plan:
Owner /applicant:
Assessor Parcel No.
Miraflores Precise Plan
Davoud Sadeghi
039 - 271 -21
Planning Manager Watrous said the applicant proposes to amend the Miraflores Precise Plan for
property located at 2 Miraflores Lane. He said the amendment seeks to expand the existing
secondary building envelope on the site to accommodate a proposed garden room/cabana and
additional deck area. The garden room would be used primarily for storage of garden and pool
equipment and would include a bathroom for use by gardeners and residents using the pool,
according to the application.
Watrous said the proposed expansion to the secondary building envelope would extend the
envelope 23 feet, 2'/z inches toward the northern end of the site. Also, he said the proposed
garden room would be constructed at a lower level adjacent to the existing pool and decks
without extensive grading. The Planning Manager said that after the building envelope expansion
was approved in 2010, the applicant realized that construction of the gazebo would have placed
the structure across an existing sewer line and utility easement. He said the applicant has
Town Council Minutes #03 -2014 March 5, 2014 Page 9
requested the currently proposed envelope expansion to locate the room beyond the utility
easement and that the applicant would be required to obtain permission from the Miraflores
Homeowners Association prior to construction of improvements across a private drainage
easement on the site.
Mr. Watrous said that the Planning Commission held a public hearing on this application at its
February 12, 2014 meeting. At that meeting, the Planning Commission generally supported the
proposed request and found that it was in conformance with the overall intent of the Miraflores
Precise Plan and the Tiburon General Plan. However, he said the Commission raised concerns
that the garden room structure on the site could be used in the future for more intensive purposes,
such as an office, guest room or secondary dwelling unit. Therefore, the Commission voted 4 -0
to recommend the application for approval as modified to prohibit an office, guest room or
secondary dwelling unit within the expanded envelope.
The Planning Manager said that the applicant, Mr. Sadegbi, was present and available to answer
any questions of the Council. He recommended that the Town Council hold a public hearing on
this item and adopt the draft resolution approving the application.
Mayor Fredericks opened the public hearing. There was no public comment. Mayor Fredericks
closed the public hearing.
Mayor Fredericks commended the applicant for doing a good job including his neighbors in the
process.
MOTION: To adopt the resolution approving the precise plan amendment, as written.
Moved: Doyle, seconded by O'Donnell
Vote: AYES: Unanimous
3. Zoning Ordinance Text Amendments — Consider report and recommendation from the
Planning Commission on a referral of proposed modifications to a previous Planning
Commission recommendation on an ordinance proposing to amend Title IV, Chapter 16
(Zoning Ordinance) of the Tiburon Municipal Code (Community Development
Department) — Second reading and adoption of ordinance by Roll Call Vote
Councihmember Fraser recused himself from hearing the item and left the meeting.
Planning Manager Watrous gave the report. He said the Town Council held first reading of this
ordinance following a public hearing at its meeting on February 5, 2014. As part of its motion,
Watrous said the Town Council referred the item to the Planning Commission for its report and
recommendation on the modification proposed to a section of the ordinance addressing findings
necessary to grant a ground -floor office use exception in portions of the Downtown area. He said
the ordinance now comes to the Town Council for consideration of adoption pending receipt of
the Planning Commission's report and recommendation on the proposed modification.
Town Council Minutes #03 -2014 March 5, 2014 Page 10
The Planning Manager went on to say that at its February 12, 2014 meeting, the Planning
Commission discussed the Town Council- referred modification to the proposed text amendment
to Section 16- 22.040 (B[2]). He said the Commission supported the proposed modification and
voted 4 -0 to forward that position of support as its report and recommendation to the Town
Council. Further, Mr. Watrous said that if the Town Council determines that theses
modifications are not desirable, it should conduct a first reading of the proposed ordinance
without the modifications to Section 16- 22.040 (B[2]).
Mr. Watrous recommended that the Town Council 1) accept comment from any interested
persons on the item; 2) accept the report and recommendation of the Planning Commission with
respect to the proposed modification of Section 16- 22.040 (B[2]); and 3) proceed to adopt the
proposed ordinance.
There were no comments from the Council.
Mayor Fredericks opened the public hearing. There was no public comment. Mayor Fredericks
closed the public hearing.
MOTION: To read ordinance by title only.
Moved: Tollini, seconded by O'Donnell,
Vote: AYES: Unanimous
RECUSED: Fraser
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 adopt the ordinance, as written.
Moved: O'Donnell, seconded by Tollini
Vote: AYES: Doyle, Fredericks, O'Donnell, Tollini
RECUSED: Fraser
TOWN COUNCIL REPORTS
None.
TOWN MANAGER'S REPORT
Manager Curran said that there was a possibility of cancelling the March 19 regular meeting and
also noted the upcoming March 25 Town Council/Staff Retreat at Ristorante Servino.
WEEKLY DIGESTS
• Town Council Weekly Digests —February 7, 14, 21 & 28, 2014
Town Council Minutes #03 -2014 March 5, 2014 Page 11
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor
Fredericks adjourned the meeting at 8:52 p.m.
' G LGic�- ��1L �✓
ALICE FREDERICKS, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Town Council Minutes #03 -2014 March 5, 2014 Page 12