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 7, 2004, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California.

ROLL CALL

PRESENT: COUNCILMEMBERS: Berger, Fredericks, Gram, Slavitz

ABSENT: COUNCILMEMBERS: Smith

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 Bigall, Administrative & Financial Analyst Stott, Town Clerk Crane Iacopi

ORAL COMMUNICATIONS

None.

9^th Annual Historic Preservation Award Presented by Heritage & Art Commission

Victoria Arnett, Recipient

Chairman David Gotz presented the award, followed by an acceptance speech by Ms. Arnett. She highlighted the course of her research on the Donahue Building and subsequent report which resulted in its acceptance into the National Historic Registry. She also talked about her role in the creation of the Historic Walking Guide to downtown Tiburon, the introduction of art shows at Town Hall in 1997, and the creation of the Mayor’s book and Memorial book in the Town Hall lobby.

Phil Cassou, current President of the Landmark’s Society, thanked Ms. Arnett for her contributions. Council added their remarks and thanked Ms. Arnett for her work in helping to maintain and preserve the history of the Tiburon Peninsula.

 

1) Request by Shepherd of the Hills Lutheran Church – Proposal to Pave Shepherd’s Way

The following members of the congregation and the public asked the the Council to pave the worn street leading up to the Church: Harry Rice, 12 Shepherd Way (who also submitted a petition in favor of the paving); Roe Jensen, President of the Congregation of Shepherd of the Hills; Ann Baker, Director of Little Shepherds Preschool at 11 Shepherd Way; Steve Akram, 10 Shepherd Way; Toni Brandt, "Wings of Song" choral group; Henry Perry, churchmember and Belvedere resident; Rev. Welke, Pastor of Shepherd of the Hills; Annar Markeson, hiker.

The primary argument in favor of this proposal was that the street was used extensively by the public for parking and access to the Ring Mountain Open Space Preserve, as well as by parents to drop off and pick up their children from the preschool located at the Church, and the extensive use of the church facilities by various other groups that rent space from the Church.

Church members also pointed out that the facility is used as a polling place by the Town for municipal and district elections, and that it is one of the few designated emergency shelters for staging and evacuation on the Tiburon Peninsula.

In response to questions from Council, Director of Public Works/Town Engineer Echols explained that the road was not a public street and that, if the Town decided to designate it as such, past practice was that it would have to be brought up to a certain minimum standard at the owner’s expense prior to such acceptance. He estimated that it might cost $20,000 to bring the street up to this level.

Director Echols also surmised that the inclusion of the street in the 1995 street rehabilitation ballot measure (Measure C) was a mistake on the part of the engineers who had prepared the pavement management system evaluation at that time.

In its response, Council noted that the Town was facing significant budget shortfalls in funding its current street rehabilitation program and that it was not a "good economic time" to add any new streets to the list of those maintained by the Town.

2) Recommendation by Director of Public Works/Town Engineer – Proposal for Town Hall Photovoltaic System

The power point presentation by Chris Nelder, representative from Cooperative Community Energy of San Rafael, focused on the 23-kilowatt option contained in their report to Council.

Councilmember Slavitz expressed concern over the long lead time (19 years) to recoup expenses associated with such an installation. Mr. Nelder said that this was due to the fact that public entities were not eligible for the tax deductions that significantly shortened the payback time in the private sector.

Councilmember Gram asked if the company had done installations for any other cities in Marin County. Dan Pellegrini, President of the company, said that they had not, but said they had signed contracts with the cities of Sebastopol, Davis, and Palm Springs. However, he noted that none of these installations were complete.

Councilmember Berger talked about aesthetics, noting that a type of solar panel existed that looked almost like a roof shingle. Mr. Pellegrini agreed but said that the efficiency was not as great as the more commonly used panels, and that they were more expensive. Mr. Nelder added that they produced less than half the power of conventional panels.

Mayor Fredericks asked whether the Town Hall would need any structural reinforcement for such an installation. Mr. Nelder said that it would probably not, and noted that most roofs can take three loads of shingles in terms of weight comparison.

Council also asked about the effect of winds on the installations. Mr. Pellegrini said that the racking systems used by the company were also used in Hawaii and Florida where 125 mile per hour winds were not uncommon.

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

Mayor Fredericks asked about a site for peripheral equipment. Mr. Nelder said that there were 11 inverters and switches that took up the size of a one-inch sheet of plywood and that the area at the rear of the Town Hall would be adequate to house the rest of the equipment.

Town Manager McIntyre said that the Council should consider whether it wanted to move ahead in the absence of Town policy on residential or public installations of solar panels.

Director of Community Development Anderson said that although the Town had no formal policy on the use of solar energy, the updated General Plan contained a provision stating the Town would "encourage" its use. He also stated that State law limited the Town’s ability to regulate such installations.

In response to a question concerning existing residential installations, Director Anderson said that the only objections that had been received by the Town concerning solar installations on private property were for "ground mounted" rather than roof-mounted installations.

Vice Mayor Berger said that "green policies" were good and should be pursued by the Town. However, he said that solar installations should be subject to design review.

Mayor Fredericks agreed that it would be useful for the Town to "set an example" in this area but that a policy should be developed first.

Councilmember Gram said that eventually the Town should do more than "encourage" solar energy by making it "easy to do;" however, he said he did not want to be "the first guy on the block" to do it.

Councilmember Slavitz said that he too liked the direction in the new General Plan toward "green practices" but felt that 20 years was too long for the Town to wait to recoup its expenses.

Vice Mayor Berger said that he thought the proposed installation was okay as long as it did not mar the Town Hall roof; that energy costs would only continue to rise and that the Town should move forward with further study of the proposal.

Mr. Pellegrini said that the California Energy Commission grant funding was "ramping down" but should last through the end of the year. He said that the Town would be eligible for an energy rebate once it had executed a contract.

Council directed Staff to develop additional cost information required for preliminary engineering of such a system but stopped short of endorsing the installation at Town Hall until such time as a Town policy on solar energy had been adopted.

3) Recommendation by Director of Public Works/Town Engineer – Approve Fiscal Year 2004-05 Capital Improvement Program

Director of Public Works/Town Engineer Echols gave an overview of the proposed program. He said that the pavement rehabilitation program budget faced a $250,000 shortfall which could be partially addressed if the Town raised its street impact fee.

Director Echols said that the Town’s aging drainage system also needed additional funding sources. He said that the proposed drainage impact fee would help meet an estimated $250,000 per year shortfall for maintenance. He also proposed televising the entire pipe system in order to create an up-to-date inventory.

Other highlights of the 2004-05 program proposed in Director Echols’ report were:

--Trestle Glen Pedestrian/Bike Path (subject to receipt of grant funding)

--Lyford Drive sidewalks (in the vicinity of Reed School)

--New merge lane at Reed Ranch Road

--Tot Lot renovation at South Knoll Park

--Plan for construction of upgraded Corporation Yard

Councilmember Slavitz asked for an explanation of why the Town would budget $500,000 to maintain its streets when it was estimated the $750,000 was needed to keep them in their current condition. He expressed his concern that the Town’s roads would only continue to deteriorate.

Councilmember Gram said that the pavement management system showed that the Town’s streets were about average for California cities but agreed that the funds to maintain them should be increased. However, he noted that the residents had rejected past attempts to levy a tax toward this end.

Councilmember Slavitz noted that there was a large reserve fund for streets and said that the Town should not continue to "save money" at the expense of its streets.

Director Echols reiterated that plan was to raise the Street Impact Fee but he said that Council could consider increasing its reserves for this portion of the capital improvement program, as well.

Town Manager McIntyre said that the Council would be presented with operating surpluses at the end of the fiscal year which it could allocate at that time.

With regard to the drainage system, Echols said that the drainage funding shortfall was based on a "reactive versus proactive" approach and stated that an up-to-date inventory might help reduce this shortfall.

Mayor Fredericks asked if the capital improvement program contained funding for maintenance of the Railroad Marsh. Director Echols replied that there was an existing fund in place for silt and cattail removal on a regular basis.

Councilmember Gram said that he had heard from some residents who lived at Pt. Tiburon that they might be willing to contribute to this ongoing maintenance program.

MOTION: To approve the 2004-05 Capital Improvement Program, as presented, and to look at operating surpluses at the end of the current fiscal year to address funding shortfalls for streets and drainage.

Moved: Slavitz, seconded by Berger

Vote: AYES: Unanimous

ABSENT: Smith

4) Recommendation by Planning Manager – Amendment to Cypress Hollow Precise Development Plan (PD#45) to Allow Additional Floor Area

Address: 50 Monterey Drive

Applicants: David & Dana Williams

AP No. 34-395-05

Director of Community Development Anderson gave a brief report stating that the proposed increase to FAR was entirely within the existing footprint of the house and that it had been approved by the Planning Commission with a condition to be recorded against the title that would prohibit the addition of a bathroom or bedroom to the space.

During public hearing, the owner/applicant, Mr. Williams, stated that the request for the addition was for a play area for his growing family and would not be used for any other purpose.

Mayor Fredericks closed the public hearing.

In response to a question from Councilmember Gram concerning four previous Town approvals for FAR increases in Cypress Hollow subdivision, Director Anderson said that two exceeded the Town’s maximum FAR and two did not. He said that this application exceeded the Town’s maximum FAR of 481 square feet versus the 382 square foot Cypress Hollow FAR.

Councilmember Slavitz asked if any FAR increase applications had been rejected to date. Director Anderson said that one had been but that it was not for an increase within the existing footprint of the house.

Mayor Fredericks said that she would like to see restrictions against garage conversions in Cypress Hollow in future, stating that such conversions changed the character of the neighborhood by reducing frontyard setbacks and reduce the potential for increased intensity of use.

Councilmember Gram said that such large crawl spaces were no longer approved in applications reviewed by the Town; however, he said that this subdivision had been built prior to its incorporation into the Town and that he would approve based on the findings stated above.

MOTION: To adopt resolution approving the increased FAR and amendment to precise plan.

Moved: Berger, seconded by Gram

Vote: AYES: Unanimous

ABSENT: Smith

5) Recommendation by Director of Public Works/Town Engineer – Adopt Resolution Establishing Stormwater Runoff Impact Fee

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

Establishing a Stormwater Runoff Impact Fee on Construction

Projects in the Town of Tiburon

Director of Public Works/Town Engineer Echols said that the resolution had received further review by the Town Attorney at Council’s request.

Echols said that the $1 per square foot fee on new impervious surfaces was estimated to net $75,000 per year for the Town’s drainage fund.

Councilmember Gram asked and was told that streets were included in the definition of "impervious surfaces."

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

MOTION: To adopt resolution with inclusion of a reference to a specific CPI in Paragraph 3.

Moved: Slavitz, seconded by Berger

Vote: AYES: Unanimous

ABSENT: Smith

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

Introduction & First Reading 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

Director of Administrative Services Bigall briefly explained the 3% retirement formula to the Council. She noted that the proposed change was a requirement of the Town’s contract with the Tiburon Police Association (Memorandum of Understanding).

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

MOTION: To read ordinance by title only.

Moved: Berger, seconded by Gram

Vote: AYES: Unanimous

ABSENT: Smith

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 pass first reading of above ordinance.

Moved: Slavitz, seconded by Berger

Vote: AYES: Unanimous

ABSENT: Smith

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

Introduction & First Reading 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 ordinance by title only.

Moved: Berger, seconded by Slavitz

Vote: AYES: Unanimous

ABSENT: Smith

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 pass first reading of above ordinance.

Moved: Gram, seconded by Slavitz

Vote: AYES: Unanimous

ABSENT: Smith

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

Introduction & First Reading 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 ordinance by title only.

Moved: Berger, seconded by Gram

Vote: AYES: Unanimous

ABSENT: Smith

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 Resale Reports)."

MOTION: To pass first reading of above ordinance.

Moved: Slavitz, seconded by Gram

Vote: AYES: Unanimous

ABSENT: Smith

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

Introduction & First Reading 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 ordinance by title only.

Moved: Slavitz, seconded by Berger

Vote: AYES: Unanimous

ABSENT: Smith

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 pass first reading of above ordinance.

Moved: Berger, seconded by Gram

Vote: AYES: Unanimous

ABSENT: Smith 

10) Recommendation by Director of Community Development – Adopt Revised Schedule of Administrative Fines

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

Superseding Resolution No. 10-2001 Setting Forth the

Violations of the Municipal Code that May be Enforced by

Administrative Citation Pursuant to Chapter 31 of the

Municipal Code and Adopting an Updated Schedule of Fines

for Violations

Council waived reading of the Staff report.

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

MOTION: To adopt resolution as presented.

Moved: Gram, seconded by Slavitz

Vote: AYES: Unanimous

ABSENT: Smith

COUNCIL COMMITTEE AND COMMISSION REPORTS

None.

Town Council Weekly Digest – April 2, 2004

Council agreed to agendize Item No. 4, request by Chamber of Commerce to revise allowed parking times downtown.

ADJOURNMENT

There being no further business before the Town Council of the Town of Tiburon, Mayor Fredericks adjourned the meeting at 10:15 p.m., sine die.

S/

ALICE FREDERICKS, MAYOR

ATTEST:

DIANE CRANE IACOPI, TOWN CLERK