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, April 21, 2004, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California.

ROLL CALL

PRESENT: COUNCILMEMBERS: Berger, Fredericks, Gram, Slavitz, Smith

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

CLOSED SESSION

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

(Section 54956.9(a))

Siciliano v. Town of Tiburon

Zack v. MERA et al.

ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY

Mayor Fredericks said that no action was taken on the above matters.

Frank Buscher, 1751 Centro West Street, read some excerpts from several newspapers about the life and times of local resident and baseball legend Sam Chapman. He also told the Council the a small, red, railroad caboose would be placed in the parking lot adjacent to the Library to call attention to the Town’s railroad history and said that it might eventually find a home at one of the Landmark’s Society locations if there were enough interest.

HERITAGE & ARTS COMMISSION SPECIAL PRESENTATION

Recognition of Kashani Family for Annual Holiday Lights at Trestle Glen & Tiburon Boulevard

Heritage & Arts Commission Chair Dave Gotz presented a framed montage of photographs of the five years of holiday lights on the Kashani home on Trestle Glen Terrace. He read the inscription which stated, "To the Kashani Family: Thank you for lighting the way to Tiburon so beautifully in the holiday season."

Mr. Kashani accepted the award and thanked the Council and community for its recognition. He introduced the members of his family who were present in the audience and shared some anecdotes about the different designs. He said that the "titanic" design required 43,000 lights; and that the eagle and flag following the September 11, 2001 terrorist attach on New York had prompted heartfelt letters form the community. Mr. Kashani told the Council that upcoming 2004-05 design would be a big "surprise," and that he had been asked by the organizers of the RCP Tiburon Mile to display the Olympic rings and shark motif in September, with the Town’s permission.

1) Approval of Town Council Minutes – March 31, 2004

2) Approval of Town Council Minutes – April 7, 2004

3) Recommendation by Associate Planner – Permit Application for Irrigation Well

Address: 151 Taylor Road

Owner/Applicant: Greg Price

AP No. 38-071-19 & 20

Vice Mayor Berger and Councilmember Gram read some changes into the record concerning the March 31 General Plan hearing; Mayor Fredericks and Councilmember Smith submitted their changes to the March 31 and April 7 minutes.

MOTION: To adopt Consent Calendar items above, as amended.

Moved: Smith, seconded by Slavitz

Vote: AYES: Unanimous

ABSTAIN: Smith, April 7, 2004 Minutes

PUBLIC HEARING

4) Recommendation by Director of Administrative Services – Amendments to PERS Contract (Addition of Local Safety Employees 3% at Age 55 Retirement Formula)

Second Reading & Adoption of Ordinance

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

Authorizing an Amendment to the Contract Between the

Town of Tiburon and the Board of Administration of the

California Public Employees’ Retirement System

Council waived reading of the Staff report.

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

MOTION: To read by title only

Moved: Smith, seconded by Slavitz

AYES: Unanimous

Mayor Fredericks read, "An Ordinance of the Town Council of the Town of Tiburon authorizing an amendment to the contract between the Town of Tiburon and the Board of Administration of the California Public Employees’ Retirement System."

MOTION: To adopt above ordinance.

Moved: Slavitz, seconded by Gram

VOTE: AYES: Berger, Fredericks, Gram, Slavitz, Smith

5) Recommendation by Director of Administrative Services – Amendments to PERS Contract (Addition of Miscellaneous Employees Fourth Level 1959 Survivors Benefits)

Second Reading & Adoption of Ordinance

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

Authorizing an Amendment to the Contract Between the

Town of Tiburon and the Board of Administration of the

California Public Employees’ Retirement System

Council waived reading of the Staff report.

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

MOTION: To read by title only

Moved: Smith, seconded by Slavitz

AYES: Unanimous

Mayor Fredericks read, "An Ordinance of the Town Council of the Town of Tiburon authorizing an amendment to the contract between the Town of Tiburon and the Board of Administration of the California Public Employees’ Retirement System."

MOTION: To adopt above ordinance.

Moved: Gram, seconded by Berger

VOTE: AYES: Berger, Fredericks, Gram, Slavitz, Smith 

6) Recommendation by Director of Community Development – Amend Chapter 13A (Residential Building Reports) of the Town Code

Second Reading & Adoption of Ordinance

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

Amending Chapter 13A of the Tiburon Municipal Code

Regulating Reports of Residential Building Record

(aka Residential Resale Reports)

Council waived reading of the Staff report.

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

MOTION: To read by title only

Moved: Berger, seconded by Smith

AYES: Unanimous

Mayor Fredericks read, "An Ordinance of the Town Council of the Town of Tiburon amending Chapter 13A of the Tiburon Municipal Code regulating reports of residential building record aka (Residential Building Reports)."

MOTION: To adopt above ordinance.

Moved: Slavitz, seconded by Smith

VOTE: AYES: Berger, Fredericks, Gram, Slavitz, Smith

7) Recommendation by Director of Community Development -- Amend Chapter 14B (Public Facilities Development Fees) of the Town Code

Second Reading & Adoption of Ordinance

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

Amending Chapter 14B of the Tiburon Municipal Code

Authorizing the assessment of Public Facilities Development

Fees

Council waived reading of the Staff report.

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

MOTION: To read by title only

Moved: Berger, seconded by Gram

AYES: Unanimous

 Mayor Fredericks read, "An Ordinance of the Town Council of the Town of Tiburon amending Chapter 14B of the Tiburon Municipal Code authorizing the assessment of Public Facilities Development Fees."

MOTION: To adopt above ordinance.

Moved: Slavitz, seconded by Berger

VOTE: AYES: Berger, Fredericks, Gram, Slavitz, Smith

COMMITTEE AND COMMISSION REPORTS

Vice Mayor Berger gave a brief report on the Downtown Revitalization Committee’s progress and said that Chair Jim Hermann and the Committee had requested to make a presentation to the Council on May 19.

Councilmember Smith said that he would attend the ABAG General Assembly on April 29.

Mayor Fredericks said that the Bridge District would cut [bus] Route 15 service in June so that there would be no service after 6:00 p.m. She said that the District had also stated that there was no funding for community shuttles at this time and noted that funding might be available if the sales tax ballot measure was passed.

Town Manager McIntyre said that the May 5, 2004 regular meeting would be cancelled due to lack of business before the Council.

Town Council Weekly Digest – April 9, 2004

Town Council Weekly Digest – April 16, 2004

There being no further business before the Town Council of the Town of Tiburon, Mayor Fredericks adjourned the meeting at 8:04 p.m., to the next regular meeting of the Town Council.

S/

ALICE FREDERICKS, MAYOR

ATTEST:

DIANE CRANE IACOPI, TOWN CLERK