TOWN COUNCIL

CALL TO ORDER

Mayor Slavitz called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, November 19, 2003, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California.

ROLL CALL

PRESENT: COUNCILMEMBERS: Berger, Fredericks, Slavitz, Thompson

Gram (8:15 p.m.)

PRESENT: EX OFFICIO: Town Manager McIntyre, Town Attorney Danforth, Director of Community Development Anderson, Planning Manager Watrous, Director of Public Works/Town Engineer Echols, Chief of Police Odetto, Director of Administrative Services McVeigh, Administrative & Financial Analyst Stott, Town Clerk Crane Iacopi

ORAL COMMUNICATIONS

None.

1. Approval of Town Council Minutes – November 5 , 2003

2. Recommendation by Director of Administrative Services – Accept Town Investment Summary for September 2003

3. Recommendation by Director of Administrative Services – Reallocate General Fund Reserves for Fiscal Year Ending June 30, 2003

4. Report by Director of Administrative Services – Results of Town Revenue Audits

5. Recommendation by Planning Manager – Accept Annual General Plan Status Report for FY 2002-2003

6. Recommendation by Director of Public Works/Town Engineer – Authorize Budget Amendment for Repairs to Path at Cypress Hollow Park

7. Recommendation by Director of Public Works/Town Engineer – Enhanced Regional Funding for Local Streets

a) A Resolution of the Town Council of the Town of Tiburon

Supporting Enhanced Regional Funding for Maintenance

of Local Streets and Roads

8. Recommendation by Director of Public Works/Town Engineer – Renewal of Engineering Design Services Agreement (Harris & Associates)

9. Recommendation by Town Manager – Closure of Town Hall to the General Public on Friday, January 2, 2004

10. Recommendation by Town Manager – Celebration of Town’s 40^th Anniversary of Incorporation and $15,000 Budget Amendment

11. Recommendation by Chief of Police – Request by Chamber of Commerce for Special Event Permit and Street Closure on December 6, 2003 (Festival of Trees)

12. Recommendation by Mayor – Recognition of Outgoing Bel Aire Principal Wanny Hersey

a) A Resolution of the Town Council of the Town of Tiburon

Recognizing Wanny Hersey for her Seven Years of Dedicated

Service as Principal of Bel Aire School

MOTION: To adopt Consent Calendar Item Nos. 1-12, above.

Moved: Thompson, seconded by Fredericks

Vote: AYES: Unanimous

ABSENT: Gram

13. Recommendation by Town Manager – Marin County Tourism Business Improvement District

Town Manager McIntyre said that at its October 15, 2003 meeting, the Council had granted the Tiburon Peninsula Chamber of Commerce’s request for further study of the proposed Marin County Business Improvement District’s (BID) business plan and operating budget. He said that upon further study, the Chamber now recommended that the Town not join the BID and instead, they had suggested that an affiliation with other cities and towns in Southern Marin and/or San Francisco for the purpose of promoting tourism in this area might be a better use of funds.

Mr. McIntyre said that while the Tiburon Lodge had previously taken a neutral position on the matter, it had now informed the Town in writing that it was opposed to joining the BID. He said the Lodge represented 50% of the businesses [one of two hotels] in Town that would levy the extra 1% tax which would fund the BID. Based on prior year’s hotel occupancy in Tiburon, that tax would total approximately $35,000 per year.

In response to a question from Councilmember Thompson, the Town Manager said that State Law prohibited the Town from joining the special assessment district if written protests were received from businesses in the proposed area that would pay 50% or more of the proposed assessment. However, he said that this formula must be applied to the entire district, not just the Town.

Mayor Slavitz asked whether the BID had provided a more detailed budget proposal as discussed in the previous meeting. Mr. McIntyre said that he had not received anything other than the draft budget.

Mayor Slavitz opened the public hearing.

Bill Blackburn, resident of San Rafael and member of the "transition committee" of the Marin County Tourism Business Improvement District, spoke on behalf of the proposed district. He said that he had been the General Manager of the Corte Madera Inn for the past 18 years and was also a former President and current boardmember of the Corte Madera Chamber of Commerce.

Mr. Blackburn said that the Marin County Tourism and Visitor’s Bureau had been formed 10 years ago and was funded by the County. However, he said that the agency would sunset at the end of this year which would leave a vacuum in tourism promotion and that the BID was the least expensive way that the Town could continue to promote the city under this scenario.

Mr. Blackburn said that the assessed fee represented no cost to the voting public, whereas an increase in the Transit Occupancy Tax would require a two-thirds vote.

Mr. Blackburn said that the current bureau "did a great job," and listed the kinds of marketing and promotional techniques that would be provided by the BID. He said that the County Tourism and Visitor’s Bureau budget was $100,000 per year, compared to the City of San Francisco’s $15 million per year, and the City of Sonoma’s tourism budget was $2.2 million.

In response to a question from Mayor Slavitz, Mr. Blackburn said that 47% of the proposed district budget would be spent on promotion and marketing, while the rest of the budget would be spent on operating expenses and salaries. He said the Board would be comprised of 17-21 Directors, with one representative appointed by each city and town (Novato and San Rafael would have two), and some at-large representatives.

Councilmember Berger asked whether it would be possible to join the BID at a later date if the Town chose not to enter the district at this time.

Mr. Blackburn said that membership in the BID would be renewed annually, but that if its members opted out early or joined late, as suggested by Councilmember Berger, the district would be unable to realize its expectations.

Councilmember Thompson asked how the at-large representatives would be chosen. Mr. Blackburn said that interested parties could contact the appointed representatives, as a starting point.

Mayor Slavitz said that he thought 53% of the budget to be spent on overhead was too high, and he wondered how the success of the BID could be measured.

Mr. Blackburn said that the BID would be able to demonstrate how the money was spent and that the County would conduct an annual audit.

Jim Hermann, 52 Red Hill Circle, said that he had attended the meetings with the Chamber of Commerce and BID representatives, as well as a meeting with members of the Sausalito, Mill Valley and Tiburon Chambers.

Mr. Hermann said that the question remained as to whether this [joining the BID] was the best thing for Tiburon; he said that he had concluded that it was not. He said that the lack of a complete marketing plan contributed to his thinking on the subject.

Marielle Swenson, Manager of the Water’s Edge Hotel, said that the Chamber’s suggestion for a Southern Marin group that would promote tourism was a great idea but a totally separate issue form the BID. She asked how the Town could turn down a 1% increase in the hotel tax that would bring business to both the Town and the County as a whole.

Mayor Slavitz closed the public hearing.

Councilmember Thompson concurred with Ms. Swenson; he said that when he was Chair of the Marin Economic Commission in 1995, tourism promotion in the County was "anemic." He said that there was nothing to replace the current Convention and Visitor’s Bureau and that the Town had nothing to lose by joining the BID at this time. He said that if it did not work out, the Chamber and other interested parties could form their own group.

Vice Mayor Fredericks said that if local businesses and the Chamber did not think it would be a benefit to the Town, then the Council should not commit them to something that would be a greater benefit for the County as a whole. She recommended waiting until more information was developed and that there was consensus from local businesses before joining.

Councilmember Berger agreed.

Mayor Slavitz said that while it was a laudable effort, the kind of detailed information requested by the Town had not been received.

MOTION: To rescind its previous action and not join the Marin County BID at this time.

Moved: Fredericks, seconded by Berger

Vote: AYES: Berger, Fredericks, Gram, Slavitz

NOES: Thompson

14. Request by Mill Valley Refuse Service, Inc. – Revisit Single Stream Recycling Program

Town Manager McIntyre said that MVRS had asked for another opportunity to address the Council on the proposed program.

Jim Iavarone, MVRS principal, said that upon further reflection, his company felt that it would have to incur considerable additional expenses if the color of the "blue" cans was changed to brown, at Council’s request, and if Town residents were allowed to "opt in" to the delivery program rather than "opt out."

In response to a question from Mayor Slavitz about creating an "opt out" program using 32-gallon cans, Mr. Iavarone stressed that their experience showed that the larger (64 gallon) can size actually encouraged recycling in other communities. He noted that the smaller cans would preclude the recycling of some materials, such as cardboard boxes. He said that the "opt out" program had been successful in communities such as Mill Valley.

Vice Mayor Fredericks said that she had promoted the "opt in" program idea, was well as the alternate can color, only because it seemed reasonable at the time and the company seemed amenable to the proposal. However, she said that she would be willing to consider going back to the original "opt out" program utilizing the blue can.

Councilmember Berger concurred, noting that Mr. Iavarone’s letter to the Town made it clear that the "opt in" program was not workable for the company. However, he said that he still preferred the brown cans because the blue cans were "too visually strong."

Councilmember Thompson said he understood the "logistical nightmare" of implementing an "opt in" program and agreed that the original program was preferable. In addition, he said that blue was the international color for recycling and that if the goal of the recycling program was to "change behavior," then a standardized, universal color would be preferable.

Councilmember Gram said that blue cans would be okay but noted that brown was also used in other cities throughout the country for recycling.

Mayor Slavitz agreed with the implementation of the "opt out" program for the 64-gallon cans, but he asked that MVRS give adequate notice to its Tiburon customers of their options to also receive a smaller, 32-gallon can or no can at all.

In addition, Slavitz recommended that the Town stay with a standardized blue can color.

Mayor Slavitz also said he liked the MVRS offer to notify customers to remove their cans from the street if they were left out on non-pick-up days.

MOTION: To implement the "opt out" single-stream recycling program.

Moved: Berger, seconded by Fredericks

Vote: AYES: Unanimous

MOTION: To adopt a brown can versus blue can program for recycling.

Moved: Berger, seconded by Fredericks

Vote: AYES: Berger, Fredericks Gram

NOES: Slavitz, Thompson

15. Recommendation by Planning Manager – Appeal of Design Review Board Denial of a Site Plan and Architectural Review application for Construction of an Addition to an Existing Single-Family Dwelling, with a Floor Area Exception

Address: 81 East View Avenue

Appellant: Jeff Kaiser

AP Number: 60-105-51

Planning Manager Watrous gave the Staff report. He said the appellant, Mr. Kaiser, had requested a Floor Area Ratio exception in order to convert some unused space under the house into a 245 square foot media room, which had been denied by the Design Review Board.

Mr. Kaiser then appealed the action to the Council on the following four grounds:

Proportionality—the relatively small size of the home made the floor area increase seem large;

There would be no visual impacts on surrounding properties due to minimal exterior changes to the house;

The physical characteristics of the property and Corinthian island justify the application;

The proposed project would not result in intensification of use of the property.

Mr. Watrous said the Board had addressed all of the above issues in its review of the project. In addition, Watrous said that substantial additions to this house were approved in 1997 under a previous Site Plan and Architectural Review application, which also included approval of variances for reduced front, side and rear yard setbacks, excess building height and excess lot coverage, as well as a floor area exception.

He said the appellant’s proposed project would convert a previously approved crawl space within the existing volume of the house into living area (a media room) and would be adjacent to a previously approved guest bedroom and bathroom.

The floor area ratio for a lot of this size would be 1,358 square feet, according to the Planning Manager, and the requested exception for the proposed addition would bring the total floor area to 2,369 square feet. He said that the Board had found that the proposed floor area would result in too large a house on too small of a lot which would intensify the use of the property resulting in unwanted impacts on the surrounding Corinthian Island neighborhood, and had voted 4-0 to deny the application.

In response to a question from Mayor Slavitz, Planning Manager Watrous said that previous Design Review Boards had not concentrated as much on limiting undeveloped crawl spaces that might later be converted into other uses. He said that rooms with eight-foot ceilings were not counted in the total floor area calculations.

Mayor Slavitz opened the public hearing.

Michael Heckmann, architect representing the appellant, said that the Board did not make an incorrect decision but instead did not have enough information on which to make its decision.

Heckmann said that the project was started in 2000 by a previous owner/contractor who had alienated the neighbors. He said that Mr. Kaiser took over the project in December 2002 and it was now close to completion, and that the proposed addition would not delay the project in any way.

Mr. Heckmann said that most of the neighbors supported the project, and that the addition of one window in the new room would have no visual impact on the neighbors.

In addition, he cited the steep small lots on Corinthian Island and said that it was increasingly common to enclose these kinds of spaces rather than hide them with lattice or other materials.

Mr. Heckmann said that there were only two properties in the neighborhood that were under the allowed floor area ratio, and that seven properties had greater floor areas, with two almost double their FAR. He rejected the argument that the change would make the house "too large for the property," because the proposed room would not change the bulk and mass of the current approved plans for the house.

The architect also raised the question of change of use by future owners, who might convert it into a bedroom, for instance. He said that while this was a possibility, it was not the intent of the current applicant. In addition, Mr. Heckmann said that the properties in the neighborhood had many limitations and there were not too many families living there for that reason.

In conclusion, Heckmann said that this particular use resulted in virtually no change in floor area and would have no impact on the neighborhood. He said that it made more sense to utilize the space in this fashion and to have it be code compliant.

For all of these reasons, he asked that the Council consider upholding the appeal.

Mayor Slavitz closed the public hearing.

Vice Mayor Fredericks said that the Board had also been concerned about additional parking on the site, and she raised the question of whether two cars could actually fit into the existing garage when the on-street parking sites were filled.

Mr. Heckmann said that three the parking spaces could be utilized on the property and he pointed out their location on the drawings.

Ms. Fredericks asked whether storage spaces were required by Code to have sprinkler systems, and whether there was a bathroom in the area being converted.

The Vice Mayor also rejected the contention that smaller lots needed excessive floor area ratios in order to make them more livable. She said that Boardmember Figour had aptly pointed out that these standards changed over time and that Corinthian Island was not a good example of this argument.

Mayor Slavitz concurred with the Vice Mayor. However, he said his primary concern was not an intensification of use of the property but rather, the granting a floor area exception which would be inconsistent with the Council’s direction to the Board.

Councilmember Berger, on the other hand, said that he concurred with the appellant’s arguments. He said that 200 square feet was half the size of a garage and that the small lot size made it seem like a large increase, which it was not.

Berger said that the addition of the room would not intensify the use, and that seeking approval for the room was the "right way to go," rather than trying to "bootleg it in" after the fact.

The Councilmember also said that he had seen the evolution of houses being built with enclosed crawl spaces rather than exposed "sticks" which were popular in the 70’s. He suggested that the Town follow the City of Belvedere’s lead in counting any space under a house over four feet high as floor area with the caveat that the rule apply to properties on steep slopes.

Overall, Councilmember Berger said that Corinthian Island was a special area and that the project "works for this neighborhood."

Vice Mayor Fredericks said that she agreed that the proposed addition would have no visual impact but she said that it worried her that the room might eventually be changed into a bedroom.

Ms. Fredericks said that a parking problem did exist on Corinthian Island. She said that a second crawl space existed under the house which might be converted, as well, and that the existing variances had already created a lovely house.

Councilmember Gram sided with Councilmember Berger’s assessment of the uniqueness of the area and said that he would not approve such an application anywhere else in Tiburon.

Councilmember Gram agreed with the Vice Mayor that the room would eventually be converted into a bedroom, but he said the neighborhood would not be affected visually and that the residents had learned to live with the parking constraints and other issues.

Councilmember Thompson said that he had never denied an application for a crawl space conversion in almost 12 years on the Council. He said that it was better to be building it to Code even though the room would almost certainly evolve into a bedroom in future. He said he did not think the parking issue was valid in this instance.

Mayor Slavitz said he sympathized with the appellant’s arguments but stated that if the [original] application had come before the Board today, a smaller house floor area would have been approved to avoid the crawl space conversion issue. He said that he would vote to deny the appeal for the sake of consistency.

MOTION: To uphold the appeal.

Moved: Berger, seconded by Thompson

Vote: AYES: Berger, Gram, Thompson

NOES: Fredericks, Slavitz

16. Recommendation by Town Manager – Animal Services Ordinance

Introduction and First Reading of Ordinance

a) An Ordinance of the Town Council of the Town of Tiburon

Repealing Chapter 20 (Animals and Fowl) of the Tiburon

Town Code and Adopting a New Chapter 20 (Animals) of

the Tiburon Town Code

Analyst Stott introduced the item and turned it over to Director of Community Development Anderson for further comment.

Director Anderson said that there were a number of policy issues to be reviewed by Council in adopting the provisions of the revised County ordinance, the first being the question of whether leash laws should be enforced in certain public areas.

Anderson said that the Town’s current ordinance identified specific areas where dogs were required to be on leash, such as the entire length of the Richardson Bay Lineal Park Multi-Use Path. He said that the County’s ordinance required only "voice control" in public areas. He proposed incorporating the Town’s current leash regulations into the new ordinance, with the addition of Zelinsky Park and the Railroad Marsh as areas requiring leashes for dogs.

On the other hand, Anderson said that the Town’s leash regulations pertaining to open space areas required "voice control" rather than leashes. He said that nothing would be greatly gained by adopting the County’s regulations which allow dogs to be off-leash in open space areas only on fire roads. He said that the Tiburon police received few complaints regardings dogs off leash in the open space areas and he recommended that the Town’s regulations remain unchanged for open space areas.

The second policy question in adopting the new ordinance pertained to definitions of large animals and barnyard animals. In particular, Anderson said that the Town’s ordinances, including the Zoning Ordinance, should be updated to address such agricultural uses as bee-keeping and poultry. He said that the current Town ordinance did not regulate these uses and he recommended that residents be required to obtain a permit in future for such uses.

Mayor Slavitz opened the item for Council discussion.

Councilmember Berger and Vice Mayor Fredericks both raised issues concerning dogs off-leash in the Old St. Hilary’s open space area and the chasing of deer. Councilmember Berger said that in his experience the effectiveness of "voice command" was non-existent.

Director Anderson said that the prohibition against chasing deer was already included in the ordinance and that violators were subject to citation. However, he said that the open space area in question was not subject to further leash law regulation by the Town.

Councilmember Berger commented that he would like to extend the leash laws into some of the open space areas but agreed that they were not under the Town’s jurisdiction.

Vice Mayor Fredericks asked for a more clear definition of the area requiring leashes in South Knoll Park.

Mayor Slavitz opened the public hearing.

 Deirdre McCrohan, Ark Newspaper, asked if the new ordinance would require residents to obtain a use permit in order to keep chickens. Director Anderson replied that any such new uses would require a permit.

Mayor Slavitz closed the public hearing.

MOTION: To read Ordinance by title only.

Moved: Gram, seconded by Berger

Vote: AYES: Unanimous

Mayor Slavitz read, "An Ordinance of the Town Council of the Town of Tiburon repealing Chapter 20 (Animals and Fowl) of the Tiburon Town Code and adopting a new Chapter 20 (Animals) of the Tiburon Town Code."

MOTION: To pass first reading of the above ordinance.

Moved: Gram, seconded by Fredericks

Vote: AYES: Berger, Fredericks, Gram, Slavitz, Thompson

Town Council Weekly Digest – November 7, 2003

Town Council Weekly Digest – November 14, 2003

There being no further business before the Town Council of the Town of Tiburon, Mayor Slavitz adjourned the meeting at 9:34 p.m., sine die.

S/ JEFF SLAVITZ, MAYOR

ATTEST:

DIANE CRANE IACOPI, TOWN CLERK