TOWN COUNCIL

CALL TO ORDER

Mayor Fredericks called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, March 3, 2004, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California.

ROLL CALL

PRESENT: COUNCILMEMBERS: Berger, Fredericks, Slavitz, Smith

ABSENT: COUNCILMEMBERS: Gram

PRESENT: EX OFFICIO: Town Manager McIntyre, Town Attorney Danforth, Director of Community Development Anderson, Chief of Police Odetto, Director of Administrative Services McVeigh, Town Clerk Crane Iacopi

CLOSED SESSION

At 7:00 p.m, the Council met in closed session regarding Siciliano v. Town of Tiburon.

ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY

Mayor Fredericks said that no action was taken by the Council in closed session.

ORAL COMMUNICATIONS

None.

1) Recommendation by Director of Administrative Services – Accept Town Investment Summary Report for January 2004

2) Recommendation by Director of Administrative Services – Approve Amendments to PERS Contract

a) Local Safety 3% @ 55 Retirement Formula (Resolution of Intention)

b) Local Miscellaneous Fourth Level of 1959 Survivor Benefit (Resolution of Intention)

c) Authorize Pre-Tax Payroll Deduction for Retirement Benefits (Resolution)

3) Recommendation by Administrative & Financial Analyst – Approve Agreement between the Town of Tiburon and Belvedere-Tiburon Library Agency for the Provision of Landscape Maintenance Services

4) Recommendation by Director of Community Development – Approve Services Agreement for Preparation of an Environmental Impact Report for Ling Precise Development Plan

Location: Stony Hill Road

AP No. 055-261-10

MOTION: To adopt Consent Calendar Items 1 through 4, above.

Moved: Berger, seconded by Slavitz

Vote: AYES: Unanimous

ABSENT: Gram

ABSTAIN: Smith, from Item No. 4

5) Recommendation by Chief of Police – Proposed Town Policy Regulating Usage of Shoreline Park for Special Events

Chief Odetto presented the proposed policy and asked for Council’s input and direction.

Mayor Fredericks opened the public hearing.

Delli Woodring, President of the Pt. Tiburon Bayside Homeowner’s Association, said she appreciated Chief Odetto soliciting their input in drafting the policy. She said the primary concerns of Pt. Tiburon residents regarding events in that location were noise and view obstruction and that the policy attempted to address these issues.

Ms. Woodring said she agreed with the Chief’s recommendation to address these issues in part by confining special events to the paved Ferry Plaza area.

Ms. Woodring also recommended that the Town limit its approval of special event permit applications in the Shoreline Park area to those organizations or events that would donate a portion of their event proceeds to the Town or other community non-profits, such as the Joint Recreation Department or the Library. She went so far as to say the organizers should make a formal obligation to contribute a certain minimum amount.

In short, Ms. Woodring said that events should be "worthwhile and [that] the Town should benefit." She said that the Classic Car Show was an inconvenience to residents and that the Town had not received any of the proceeds.

Bob Placak, Tiburon resident and organizer of the RCP Tiburon mile, said that his event had been successfully staged in that location over the last five years and he asked that the Town not limit the use of the lawn area of Shoreline Park for the upcoming event scheduled for September 19, 2004. He said that the use of this area was an integral part of staging this large event, which moved people from the Corinthian Yacht Club (CYC) beach area through the downtown and ended at Shoreline Park.

Mr. Placak noted that he had also considered using Pt. Tiburon Plaza for staging the awards ceremony after the race but said that the Shoreline Park area was more efficient. He noted that his event did not require road closure of Paradise Drive; that the event’s proceeds all went to Special Olympics; that the event organizers had enjoyed a good working relationship with the Town and the residents of Pt. Tiburon since its inception. He asked the Town Council to "grandfather" the event’s use of the Shoreline Park area.

Councilmember Slavitz asked Mr. Placak if he had considered using the CYC parking lot for the awards ceremony. Mr. Placak said that the parking lot was used for parking by CYC members, as well as a crowd spectator area for the race. He said that he had also considered using Main Street but that neither locale was as good as Shoreline Park. Mr. Placak noted that the race finished by 12:00 noon and said that everyone was "gone" by 2:00 p.m.

Vice Mayor Berger encouraged Mr. Placak to continue discussing the logistics of the upcoming event and to negotiate the details with Town Staff.

J. Key, Pt. Tiburon resident, also thanked Chief Odetto for drafting a "very comprehensive plan." He said he "seconded" Ms. Woodring’s comments, especially about the event organizers making a donation. He said that one reason the Pt. Tiburon residents did not object to the Tiburon Chili Festival at Shoreline Park (although he stated that they "didn’t like it") was because it made a contribution to the Tiburon Fire Department. He said that the Classic Car Show had not donated any of its proceeds.

With regard to the RCP Mile, Mr. Key suggested that the tents be moved to the Pt. Tiburon Plaza; he said he was opposed to road closure and any view obstruction in the Shoreline Park area.

Mayor Fredericks closed the public hearing.

Vice Mayor Berger suggested that the Town’s Special Event Policy be amended to require permit applicants to list their sound and/or music sources and an estimated decibel level. After a brief discussion, he dropped the request stating that the policy already required review and approval by the Town Manager of any events with amplified music or sound.

Councilmember Slavitz said that the draft policy was "great" and was something that had been lacking in the past. He thanked Chief Odetto for his work.

Councilmember Slavitz added that he thought events should not be strictly limited to Tiburon groups or organizations; that controversy had been created over the use of Shoreline Park in the past and that it would be preferable to not use the grassy areas for structures or tents.

Councilmember Smith said the policy was well-written and comprehensive, with built-in flexibility. He said he would concur with establishing a "hierarchy of use" but that he was "uncomfortable" with designating the kind of event or directing the proceeds.

Smith agreed that the plaza area should be used as much as possible for staging but that discretion was allowed under the policy; he recommended that the policy be adopted as written.

Vice Mayor Berger concurred that just because an event was not a fundraiser it should not be precluded from approval by the Town.

Mayor Fredericks agreed that voice and music sources should be kept in the plaza area and kept to "reasonable volume," and that it would be good to state a preference to keep tents and structure in that area, as well. She also concurred with the limitation on the number of events (to four) in that location per year.

Mayor Fredericks said that it distressed her that people requesting use of the Shoreline Park area for special events seemed to use the promise of donations as "an artifice" which would somehow "sweeten the deal" and then were not required to make good on their offer.

Town Attorney Danforth said that the First Amendment [of the U.S. Constitution] said that the Town could not regulate who sponsored the event or who they contributed to. However, she said that the Town could formulate rules based on impact on an area and on a facility.

Director of Community Development Anderson recommended that the policy be "fined tuned" and brought back to the Council for adoption on the Consent Calendar.

Council concurred and the item was continued.

6) Recommendation by Director of Community Development – Stormwater Runoff Impact Fee (continued from February 26, 2004)

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

Establishing a Stormwater Runoff Impact Fee on

Construction Projects within the Town of Tiburon

Staff recommended that Council further continue the item to a date certain.

 MOTION: To continue the above Item to April 7, 2004.

Moved: Slavitz, seconded by Smith

Vote: AYES: Unanimous

ABSENT: Gram

7) Recommendation by Planning Manager – Amendment to High Meadow Lane Precise Plan (PD#38) to Amend a Building Envelope

Address: One High Meadow Lane

Owner: Chris Kingsley

Applicants: E.E. Weiss, Architects

AP No. 58-100-75

Director Anderson gave the report and recommended adoption of the resolution with the addition of CEQA exemption language and the deletion of condition No. 2 of the draft. He said that the amendment required no variances or exceptions and had been approved by the Planning Commission.

Mayor Fredericks opened and closed the public hearing. There was no public comment.

Councilmember Smith asked whether the application was the same as one he had reviewed while serving on the Planning Commission. Director of Community Development said that the property had changed hands and that this was a different application. The other amendment had not been executed, according to Anderson.

Smith commented that the current amendment reflected changes over time. He said that the modifications themselves seemed reasonable; that it was a reasonable use of the lot; and that there was no impact on the neighbors.

Vice Mayor Berger agreed, stating that in his experience, modifications were sometimes needed once a project was underway and the actual work on the site had begun.

MOTION: To adopt resolution approving above amendment.

Moved: Berger, seconded by Smith

Vote: AYES: Unanimous

ABSENT: Gram

COUNCIL COMMITTEE AND COMMISSION REPORTS

Vice Mayor Berger said that the Downtown Development Task force had held several meetings, chaired by Jim Hermann. He said that the group was reviewing changes in tenancy in the area and how to make it more functional for locals and businesses alike.

Mayor Fredericks said that the Congestion Management Agency had released its draft expenditure plan and would come to the March 17 Council meeting to make a presentation.

On another subject, the Mayor said that she had received several calls complaining about the heaviness of the new recycling cans so that they were being left at the curb; that a survey sent out by Mill Valley Refuse asking about the discontinuation of back-yard pick-up service was not seen as "good service" in a community of elders; that complaints seemed to be escalating with regarding to cans left in driveways, blocked mail boxes, and the flight of unsecured can lids, as well as the lack of response by the garbage company to these complaints.

Town Manager McIntyre said that he would follow up on these issues, with the help of Councilmember Slavitz. He also commented that in its audit of the franchise agreement, the Town had asked Mill Valley Service to look at ways to price its service more efficiently which is why the franchise had sent out the aforementioned survey.

Town Council Weekly Digest – February 27, 2004

There being no further business before the Town Council of the Town of Tiburon, Mayor Fredericks adjourned the meeting at 8:12 p.m., sine die.

S/

ALICE FREDERICKS, MAYOR

 

ATTEST:

DIANE CRANE IACOPI, TOWN CLERK