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TC Agenda 2018-08-15
TOVA�N OF TIBURON Tiburon Town Council e Tiburon Town Hall� • , August 15, 2018 1505 Tiburon Boulevard Special Meeting- 7:15 P.M. Tiburon, CA 94920 Regular Meeting—7:30 P.M. TIBURON TOWN COUNCIL AGENDA SPECIAL MEETING— 7:15 P.M. CALL TO ORDER AND ROLL CALL Couneilmember Fredericks,Cotmcifinember Thier,Councihnember Wclner,Vice Mayor Kulik, Mayor Fraser INTERVIEWS FOR VACANCIES ON BOARDS&COMMISSIONS (Heritage&Arts Commission-1 vacancy) ® Jaleh Etemad ADJOURNMENT— toregular meeting REGULAR MEETING—7:30 P.M. CALL TO ORDER AND ROLL CALL Councilmember Fredericks,COUncihnember Thier,Couneilmember Welner,Vice Mayor Kulik, Mayor Fraser ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION IF ANY ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note howevcr, that the Totivn Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission,Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3)minutes. CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion of the Town Council unless a request is made by a nncmber of the Town Council,public or staff to remove an item for separate discussion and consideration. if you wish to speak on a Consent Calendar item, please seek recognition by the Mayor and do so at this time. CC-1. Town Council Minutes —Adopt minutes of August 1, 2018 special and regular meetings (Town Clerk Stefani) CC-2. Tiburon Police Officers Association - Approve Memorandum of Understanding and authorize the Town 1�Janager to execute the agreement(Department of Administrative Services) CC-3. Service Employees International Union - Approve Memorandum of Understanding and authorize the Town Manager to execute the agreement (Department of Administrative Services) ACTION ITEMS AI-1. Appointments to Town Boards & Commissions - Consider making appointment to Heritage &t Arts Commission (Town Clerk Stefani) AI-2. Trestle Trail- Consider request to install donor plaques (Office of the Town Manager) AI-3. Belved ere Library Expansion Project - Consider revisions to architectural plans, conditions of approval and mitigation measures (Community Development Department) TOWN COUNCIL REPORTS TOWN MANAGER REPORT WEEKLY DIGESTS • Town Council Weekly Digests -August 3 &10, 2018 ADJOURNMENT GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting,please contact the Town Clerk at (415) 435- 7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town's website, www.townoftiburon.org. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address,phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at,or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. — PERSONAL DA TA ' - --- - (PLEASE PRINT OR TYPE A RESUME MAY BE ATTACHED AS WELL) NAME: Jaleh Etemad MAILING ADDRESS: 237 Round Hill Road, Tiburon, CA 94920 E-mail address (optional): lalehetemad@gmail.com TELEPHONE: Home: (415)435-2205 Work: (415)233-2699 Fax No. PROPERTY OWNERS ASSOC. (If applicable) TIBURON RESIDENT: (Years)35 years DATE SUBMITTED: July 30, 2018 REFI S ONS FOR SER.EC-1, 'YOUR A RBA S OF Il T��ZEST I am former H&A commissioner before I applied for Tiburon Artist Laureate. I served 2012-20161 have been vulenleerinq for past 20 years,docenting in Art&Garden Center,. I would love very much to be involved in our community again. Heritage and Arts Commission has always been a great venue to serve our town. APPLICABLE QITALIFICATIDN,S" . ' ...AND:EXPERIEIVCE I have been volunteering past 20 years or so starting in by docenting in Art and Garden Center and I still am part of LBel.-Tiburon Library Art Commily H & A commission 2011- 2012. Tiburon Artist Laureate 2012-2016 Library Art Committee 1998- present time ----------------------------------------------Town Hall Use------------------------------------------------- Date Application Received: Interview Date: Appointed to: (Date) Date Term Expires: Length of Term: 2 31 2018 TO`Vi! TOWN OF TIBURON COMMISSION, BOARD & COMMITTEE APPLICATION The Town Council considers appointments to its various Town commissions, boards and committee throughout the year due to term expirations and unforeseen vacancies. In its effort to broaden participation by local residents in Tiburon's local governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing both sides of this form and returning it to Town Hall. Copies will be forwarded to the Town Council and informal applicant/Council interviews are scheduled periodically during the year. Your application will also remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Lea Stefani Town Clerk AREAS OF INTEREST Indicate Your Area(s)of Interest in '.Numerical Order (til Being the Greatest Interest) PLANNING PARKS, OPEN SPACE & TRAILS DESIGN REVIEW RECREATION X HERITAGE & ARTS DISASTER PREPAREDNESS LIBRARY COMMISSION ON AGING AFFORDABLE HOUSING OTHER S.dcrane%omm.app 1 lburo Arfit�7,�pYate`. JALEH ETEMAD f j Artist: Jaleh Etemad Statement: As an artist, my objective is to make art that is both revealing and accessible but also acts as a muse for the viewer, one that inspires, creates anticipation, and provides intellectual and visual stimulation. I gather my inspiration from people, books, dreams, and unexpected emotions. I paint and layer many symbols such as fragments of maps, letters, ancient inscriptions, photos both found and self-taken, found objects and mementos, and contemporary poetry onto my canvases. Biography Born in Azerbaijan, Iran, Jaleh was educated in England, obtaining a BS and an MS degree in Advance Medical Laboratory Technology specializing in Electron Microscopy, and working in Cancer Research. Since 1970 Jaleh Etemad has resided in the United States. In 1986, she received a degree in Fine Arts from California State University Northridge, Los Angeles. Her work has been widely exhibited in California as well as in Hawaii and New Mexico. She has been the recipient of several awards and has exhibited internationally in Paris, Stockholm, Oslo, Rome, and Beijing. Publications of her artwork include: • "International Women Artists," Vol. 1, 1997, and Vol. 2, 2001. • "100 Contemporary Artists" Art Addiction-World of Art, 2003. • "The Art of Layering: Making Connections," The Society of Layerists in Multi-Media, Vol. 1, 2004. • "Process & Projects," Alliance of Women Artists, Vol. 3, 2010. • "Visual Journeys: Art in the 21st Century," The Society of Layerists in Multi-Media, Vol. 3, 2010. • "Unique Insights," The Society of Layerists in Multi-Media, coeditor, 2016. Awards & Positions - current: Tiburon Artist Laureate 2012 - 2016 President, The Society of Layerists in Multi-Media 2013 - 2018 jalehetemadCa-)-gmail.com (415) 233-2699 www.mixedmediacollage.com www.malehetemad.com www.slmm.orq JALEH A. ETEMAD Selected Solo Exhibition i Remember When-Stories of The Tiburon Peninsula, 'Tib. Town Hall Lobby and Council Chambers,Tiburon, CA Sept.2—Oct.27,2016 "Layered Art-Artistic interpretation of 12`x' century poem-Golistan" Dominican Un, San Rafael, CA. Feb.7-May 11,2016 "The Art of Jaleh Etemad - Retrospective-Tiburon Artist Laureate " Tiburon Town Hall, Tlburon,CA.Oct.8-Nov.25,2015 "Photographic installation..." -- Crashing Thunder Gallery, Gallup, NM,August-Sept2012 "The Art of Life"-Valley Performing Art Center Gallery, Northridge, LA, CA, April 1-May 30,2011 "Photography with a twist Crashing Thunder Gallery, Gallup, NM, August-September,2008 "Martini Splash", Nordstrom Collection and Couture, San Francisco, CA, April 2006 & Sept.2007 "Exploring Time-Past and Present" Belvedere-Tiburon Heritage & Arts Commission,Tiburon Town }-call, Oct.-Nov. 2005 "Postcards and Birds-Mixed Tnedia paintings" Belvedere-Tiburon Library Founders Room, Tiburon, CA April-May 2004 "Landscapes, and abstracts" Tiburon City Hall,Tiburon, California, Nov.-Dec. 2003 "llhlminations/Mixed Media Paintings," Gallery 211, Solo Gallery, Gallup, New Mexico, September 2003 "Still Life in Motion-installation, Drawings & Paintings", Red Mesa Gallery Gallup, New Mexico, June 2002 "The Birds and the Bees..." Crashing Thunder Gallery, Gallup, New Mexico, September 2001 "Muse..." a Solo Exhibition, Lobby, Pacific Professional Building, San Francisco, CA, April-June 2001 "A two person exhibit at San Jose Repertory Theatre, San Jose, CA, Oct. 2000- Mar. 2001 "Sight and insight," World Automation Congress, Maui, Hawaii, 2000 "Illuminations, Past and Present," Mill Valley Art Commission, Mill Valley, CA, 1996 "Ancient Egypt," Bechtel international Center, Stanford University, Palo Alto, CA, 1996 "Les Femmes Fatales," Bucci's Green Room Gallery, Emeryville, CA, 1995 "Recent Paintings," San Francisco Federal Savings, Greenbrae, CA, 1995 "Figure Paintings," Branson Gallery, Ross, CA, 1993 Selected Juried and Group Exhibition "Expression of Creations," Chico Art Center, Chico, California, Sept.-Oct. 2002 "Group Exhibit," Catharine Finn Gallery, Tiburon, California, April-May 2002 "Collage," international.Art Exhibition,Art Addiction Gallery,Palazzo Correr, Venice, Italy, March-Aug. 2002 "Women Artists," Marin Technology Center, Lucas Films, San Rafael, CA, July-September 2001 "international Artists,"La Galerie international, Palo Alto, CA, May 2001 "Annual Juried Exhibition of Marin Artists," Falkirk Cultural Center, San Rafael, CA, March-April.2001 "Evolving Perceptions 2000, Art for Peace", 505 Gallery,Washington DC, 2000 "Beyond Boundaries," 1WS Foundation,Worth Ryder Gallery, UC Berkeley, CA, 2000 "Salon de Printemps;" La Galerie Internationale, Palo Alto, CA, 1999-2000 "Art Contemporain," Galerie Everarts, Paris, France, 1999 "World Contemporary Art '98," Los Angeles Convention Center, Los Angeles, CA, 1998 "international Women Artists," La Galerie Internationale, Palo Alto, CA, 1998 "New Visions," La Galerie Internationale Palo Alto, CA, 1999 "Most Talented Artists," Art Addiction international Gallery, Stockholm, Sweden, 1997 "Arizona Aqueous Xili," Tubac Center of the Arts,Tubac, Arizona, 1998 "2nd international Women Artists Festival," Fort Mason, San Francisco, CA, 1998 "Les Americaines," Galerie Everarts, Paris, France, 1997 ""File World's Women On-Line Internet Show," Beijing, China, 1995 "Wonders of the World," Frank Lloyd Wright Galleries, Civic Center, S R, CA, 1996 "The Guest," Western Wyoming College Art Gallery, Rock Springs,Wyoming, 1995 "Figures and Abstractions," Sea Ranch Lodge Gallery, Sea Ranch, CA, 1994 "Figure Paintings," Artists Proof Gallery, Larkspur, CA, 1994 "The First international Arts Festival," Fort Mason, San Francisco, CA, 1994 Education: California State University Northridge, Northridge, CA:BA, Painting, 1986 Northampton College of Advanced Technology, London, MS, Electron Microscopy, 1964 Royal institute of Medical Technology, London University, London, England BS, 1962 Publications: "Unique Jnsights — the Society of Layerists in Multi-Media" — Co--Editor 2016 "There is No Place Like Home'- The Society of Layerists in Multi-Media 2014 "A 30 Year Celebration"-Taos, New Mexico-The Society of Layerists in Multi-Media 2012 "Left Behind: A kinetic Installation" by Jaleh Etemad 2011 V<SUAr JOURNEYS. ART/N THE 215TCENTURY —The Society of Layerists in Multi-Media - vol.3, 2010 "Process & Projects" Alliance of Women Artists, vol. 3, 2010 Fhe fart of Layering:Making Connections" The Society of Layerists in Multi-Media,vol.] 2004 "too Contemporary Artists",World of Art Books, Art Addiction, Stockholm and Venice vol.1, 2003 "International Women Artists",vol.l, 1997, and vol. 2, 2001 Awards: Diploma of Excellence award in Collage Int.Art Exhibition, Stockholm, Sweden 2003 Certificate of Recognition,World Contemporary 2001 Merit Award,Best of Show, Stockholm, Sweden, 1997 Member: Alliance of Women Artists-member, Marin Arts Council, Marin Museum Contemporary Art- member Tiburon-Belvedere Landmarks Society-member, Belvedere-Tiburon Library Society - Art Committee member Tiburon Heritage and Arts Commissioner 2010-2012, Tiburon Peninsula Artist Laureate 2012-2016. Society of Layerists in Multi-Media - President, 2013-2018 , cc� TOWN COUNCIL SPECIAL & REGULAR MEETING DRAFT MINUTES SPECIAL MEETING — 7:15 P.M. On August 1, 2018, the Council held a special meeting as follows: CALL TO ORDER AND ROLL CALL Councilmember Fredericks, Councilmember Thier, Councilmember Welner, Vice Mayor Kulik, Mayor Fraser INTERVIEWS FOR VACANCIES ON BOARDS & COMMISSIONS (Belvedere-Tiburon Library Board - 1 vacancy) • Karen Gullett ADJOURNMENT—to regular meeting REGULAR MEETING— 7:30 P.M. Mayor Fraser called the regular meeting of the Tiburon Town Council to order at 7:35 p.m. on Wednesday, August 1, 2018, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Fraser, Fredericks, Kulik, Thier, Welner PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock, Director of Public Works/Town Engineer Barnes, Chief of Police Cronin, Town Clerk Stefani ORAL COMMUNICATIONS David Barker, Lagoon View Drive, spoke against the Mill Valley Refuse Service rate increase. He questioned if all parts of the rate increase were properly approved by the Council and suggested the Town negotiate a contract amendment that specified the recycling cost adjustment system in detail. CONSENT CALENDAR CC-I. Town Council Minutes-Adopt minutes of July 18, 2018 regular meeting(Town Clerk Stefam) Tol ii Council Minutes #17-2018 DRAFT August 1, 2018 Page 1 CC-2. Special Vacancy Notice Announce special vacancy on the Heritage & Arts Commission (Town Clerk Stefani) CC-3. Heritage&Arts Commission-Accept annual report from Heritage&Arts Commission (Heritage & Arts Commission) Councilmember Thier asked to remove Consent Calendar Item No. 1 for amendments. MOTION: To adopt Consent Calendar Items 2-3, as written. Moved: Fredericks, seconded by Welner VOTE: AYES: Unanimous CC-1. Town Council Minutes-Adopt minutes of July 18,2018 regular meeting(Town Clerk Stefani) Councilmember Thier made a correction to a typographical error on Page 4, Paragraph 2 and amended the third sentence of Page 4,Paragraph 2 to read:"She thought the Town Council approved the exemptions and that the donor plaques on boulders deserved consideration." MOTION: To adopt Consent Calendar Item 1, as amended. Moved: Fredericks, seconded by Welner VOTE: AYES: Unanimous ACTION ITEMS AI-1. Beach Road/Main Street Drainage Project-Consider several project options and provide direction on next steps (Department of Public Works) Director of Public Works/Town Engineer Barnes said the intersection of Beach Road and Tiburon Boulevard has a history of flooding if a downstream flap gate does not properly seal or during heavy rains and high tide. He said the Council authorized a pre-design study for the flooding problems in the 2017-18 Town budget. Barnes said the storm drain study is modeled against a very severe, 10-year storm event, and the model determined that an extremely large pump station (13,000 gallons per minute) would be required to entirely eliminate flooding. He said this option is not feasible. Barnes said a good alternative would be a 4,000 gallon per minute pump. He showed several diagrams modeling the flooding under current conditions and if a 4,000gpm pump station was to be used. He said the report provided four alternatives at various cost levels for the 4,000gpm pump station. Councilmember Fredericks said her concern about the flooding was mainly due to the safety factor of drivers taking a wide turn into oncoming traffic to avoid the flooding. Barnes said the pump station will definitely alleviate some flooding, but it is possible drivers will continue to take a wide turn. Town Council Minutes#17-2018 DRAFT August I, 2018 Page 2 Town Manager Chanis said the model from the study was an extreme storm event,and the majority of actual flooding events are not as extreme as the model shown. He said it is possible that in most cases, the 4,000gpm pump would eliminate all flooding. Councilmember Weiner asked if staff had compared the costs of otherpossible solutions.Barnes said changing the elevations of the sidewalks would still result in water captured on the road, and elevating the actual road would be very expensive. Councilmember Thier asked about the option to utilize a portable pump rather than a permanent pump. Director Barnes said there were several logistical factors to consider,such as having a back-up portable pump if the permanent pump fails or ensuring the portable pump is ready and in position when necessary. Welner asked if the use of a pumping station was an extraordinary remedy,or a common solution to similar problems in the area. Barnes said there are pump stations throughout the county,and they are normally used when there is a large risk of property damage or public safety involved. Vice Mayor Kulik raised the point that this was an issue for both Tiburon and Belvedere residents, and wondered if there had been any discussions about sharing costs. Chanis said the City is aware of the design concept, but there had not been any such discussions. Mayor Fraser asked if there was an alternative place to route the water drainage,rather than utilizing a pump station. Chanis said the only logical solution was a pump station. Fredericks said that the Town might not be able to eliminate the flooding entirely;she asked what the overall goals of this project were, if not to completely eliminate flooding. Chanis said the proposed model is to utilize a 4,000gpm pump station, which, under most flooding events, would likely eliminate most, if not all, of the flooding entirely. He said in the case of an extreme event, we cannot eliminate the possibility of flooding. Barnes added that this flooding has not historically caused property damage or traffic accidents. Fredericks commented that the goal of the project seemed to be to eliminate flooding in the intersection most of the time. in the kinds of storm events that occur most of the time. Thier said she would like to better understand the differences in cost between the permanent and portable pump stations. Welner thought the Council should consider how to evaluate the different options for this project and how it fits into the greater Capital hnprovement Plan. He acknowledged that it is a nuisance,but said it is probably not a significant health and safety or property-damaging problem. Town Council Adinzaes #17-2018 DRAFT August 1, 2018 Page 3 Mayor Fraser said the staff is looking for direction from the Council about finding a potential solution. The Council asked for more information about the cost differences between portable/permanent pump stations. if the nearby businesses are at great risk of flooding, data on if this area might be susceptible to long-term increases in high storm events, and suggested reviewing cost-sharing potential with the City of Belvedere. Mayor Fraser opened the floor for public comment. There was none. Chanis asked the Mayor for a preferred timeline. Mayor Fraser suggested the staff consider all of these factors as a part of the greater capital improvement prioritizing process. No action taken. AI-2. Evacuation Decals -Consider proposal to install evacuation decals on roadways and budget amendment for the decals (Tiburon Fire Protection District) "Town Manager Chains said the Tiburon Fire Protection District had submitted a proposal to install evacuation decals on the roadways in the district. He said the decals had been discussed at a Joint Disaster Council meeting and the City of Belvedere had already approved them. Mike Lantier, Deputy Fire Marshal,said the intention is to make this recognizable decal a universal symbol for evacuation in southern Marin County,in anticipation of an evacuation.He showed a map of the approximate locations of the decals that would be installed by Tiburon Public Works staff.He also showed a photo of a decal, and said it would be approximately the size of a piece of paper. Mayor Fraser wondered how the costs had been determined between Tiburon and Belvedere. He commented that there seemed to be a small difference in the number of decals and a larger difference in cost between the two. Lantier said he would follow up with that information. Councilmember Welner asked about the overall aesthetic quality of the decals,and wondered if they would not be liked by the community on the roads. Lantier replied that Tiburon is following Mill Valley's lead in their choice of decals, and they have been well-received there. Councilmember Fredericks asked about the longevity of the decals.Director of Public Works/Town Engineer Barnes confirmed that they would need to be replaced if the road was paved and Lantier said the vendor has been in successful operation for years. Vice Mayor Kulik asked if a traffic analysis had been done on the evacuation routes. Lantier said there had not been an analysis and there is not yet an evacuation plan in place. He said the decals were meant to be a visible reminder to residents. Councilmember Thier said she supported the proposal. Mayor Fraser opened the floor for public comment. There was none. Toivn Council A4inules #17-2018 DRAFT August 1, 2018 Page 4 Councihnember Wehner felt installing the decals was premature, considering the fact that they have not been considered as part of a greater evacuation plan. He said he was opposed to the proposal. MOTION: To approve the evacuation decals proposal and authorize a budget amendment in the amount of$4,600.00 toward funding the cost of the decals. Moved: Fredericks, seconded by Thier VOTE: AYES: Fraser, Fredericks, Kulik, Thier NAYS: Wehner PUBLIC HEARINGS PH-1. Tiburon Tourism Business Improvement District - Conduct public hearing to: a. Consider any protests to continue TTBID assessments as set forth in Resolution No. 32-2018 b. Consider adoption of resolution to continue TTBID assessments as set forth in Resolution No. 32-2018 Town Manager Chanis said the Town is required to annually approve the Tiburon Tourism Business Improvement District and the assessment levied on the two lodging establishments within Tiburon. He said the TTBID advisory board had approved the annual report, and at their last meeting, the Council had adopted a resolution declaring its intention to continue the assessment for another year. He said the Council is asked to hear any protests to the continued assessment, and if there is not a majority protest, to adopt a resolution to levy and collect the assessments for another year. Chanis said no protests had been received, and added that the two lodging establishments strongly support this program and have representation on the board. Mayor Fraser opened the Public Hearing. There was no comment. MOTION: To adopt the Resolution to Levy and Collect Assessments on Lodging Establishments within the Tiburon Tourism Business Improvement District. Moved: Fraser, seconded by Fredericks VOTE: AYES: Unanimous TOWN COUNCIL REPORTS None. TOWN MANAGER REPORT None. WEEKLY DIGESTS Totivia Council Minutes #17-2018 DRAFT August 1, 2018 Page 5 Received. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Fraser adjourned the meeting at 8:35 p.m. TIM FRASER, MAYOR ATTEST: LEA STEFANI, TOWN CLERK Town Couned Minutes#17-2018 DRAFT August 1, 2018 Page 6 ' TOWN OF TIBURON Town Council Meeting o 1505 Tiburon Boulevard August 15,2018 . Tiburon, CA 94920 Agenda Item: �C.2 STAFF PO . To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Recommendation to Approve Memorandum of Understanding Between the Town of Tiburon and Tiburon Police Officers Association(July 1, 2018 — n 30, 202 1) Reviewed By: BACKGROUND The most recent Memorandum of Understanding (MOU)between the Town of Tiburon and the Tiburon Police Officers Association (TPOA) expired on June 30, 2018. Beginning in mid- March, the Town's negotiating team met with representatives of the TPOA to confer on the terms of a successor MOU. The Town and TPOA have tentatively agreed on a three-year contract which covers the terms and conditions of employment of Unit members from July 1, 2018 through June 30, 2021. ANALYSIS The Town's major focus when negotiating with the TPOA this year was to keep base and specialty pays consistent with the Town's administrative policy for setting salaries. The Town used Marin County local agency salary data to calculate average base pay and specialty pay rates when negotiating new rates. The Town also desired to keep its specialty pays set at a flat dollar amount versus a percentage-based amount. Specialty pay rates are consistent for the entire three- year term of the contract. The Town and Tiburon Police Association also negotiated the terms of a revised Disciplinary Action Procedure that shifts authority from the Town Council to the Town Manager as the final approving body for disciplinary action and appeals. The terms and conditions that were tentatively agreed upon and incorporated into the exhibit Memorandum of Understanding are: Salary: July 1, 2018 2.75% increase for all TPOA members July 1, 2019 2.75% increase for all TPOA members July 1, 2020 2.75% increase for all TPOA members TOWN OF TIBURON PAGE 1 OF 3 Town Council Mcctina August 15,2018 Longevity Pay Effective July 1, 2018, the rates for longevity pay will increase as follows: 5 years of service $155/month 10 years of service $170/month 15 years of service $215/month 20 years of service $255/month Education Incentive Pay Effective July 1, 2018, education pay will increase as follows: POST Intermediate/AA/AS $225/month POST Advanced/BA/BS $325/month POST Supervisory/MA/MS $325/month Specialty Pays Effective July 1, 2018, specialty pay will increase as follows. Specialty pay for the Juvenile Officer position has been eliminated. Motorcycle Officer $250/month Investigator $250/month Bilingual Pay $125/month Field Training Officer $27/shift Shift Differential Effective July 1, 2018, shift differential pay will increase to $250/month. Police Service Aide Holiday Pay Effective July 1, 2018, Police Service Aides who work a schedule of 40 hours per week will receive 8 hours of paid time off per year. Life Insurance Effective July 1, 2018 the group-term life insurance benefit will increase from $15,000 to $25,000. This aligns with the benefit afforded to the Town's mid-management employees. ___ m___._.___ P;t�;e_ c�of «r"Iiz�l�tzo� f 3 Town.Council.Meeting August 15,2018 FINANCIAL IMPACT FY 2018-19 Salary: $34,739 Specialty Pays: 19,929 Holiday: 2,297 FICA: 826 PERS: 9,637 Total: $67,428 FY 2019-20 Salary: $37,954 Specialty Pays: 600 Holiday 1,547 FICA_: 581 PERS: 13,896 Total: $54,579 FY 2020-21 Salary: $38,998 Specialty Pays: 135 Holiday: 1,568 FICA: 590 PERS: 20,581 Total: $61,872 RECOMMENDATION Staff recommends that the Town Council: Approve the Memorandum of Understanding between the Town of Tiburon and the Tiburon Police Association and authorize the Town Manager execute the Agreement Exhibits: Memorandum of Understanding between the Town of Tiburon and Tiburon Police Association Prepared By: Suzanne Creekmore,Management Analyst :LO\VNOI 717311i20N J'ine3c�f3 TABLF. OF CONTENTS PREAMBLE 3 SECTION 1. RECOGNITION 3 SECTION 3. MANAGEMENT RIGHTS 4 SECTION 4. NO DISCRIMINATION 4 SECTION 5. SCOPE OF AGREEMENT 5 SECTION 6. MEDICAL/DENTAL/LIFE AND LTD BENEFITS PLAN 5 SECTION 7. RE,ETIREMENT PROGRAM 6 SECTION 8. HOLIDAYS 9 SECTION 9. SICK LEAVE 10 SECTION 10. LEAVE WITH PAY 12 SECTION 11. VACATION 12 SECTION 12. SALARY 13 SECTION 13. LONGEVITY PAY 15 SECTION 14. OVERTIME 15 SECTION 15. SPECIAL MEAL ALLOWANCE 16 SECTION 16. EDUCATION INCENTIVE PROGRAM 16 SECTION 17. TUITION REIMBURSEMENT 16 SECTION 18. UNIFORM MAINTENANCE ALLOWANCE 17 SECTION 19. SPECIAL, PAY 17 1 SECTION 20. SAFETY EQUIPMENT 18 SECTION 21. HOURS OF WORK 18 SECTION 22. SENIORITY 19 SECTION 23. LAYOFF PROCEDURES 20 SECTION 23. DISCIPLINARY ACTION 20 SECTION 25. GRIEVANCE PROCF,DURE, 25 SECTION 26. FAIR LABOR STANDARDS ACT 27 SECTION 27. CATASTROPHIC LEAVE 27 SECTION 28. FULL UNDERSTANDING, MODIFICATION,WAIVER 29 SECTION 29. SEPARABILITY OF PROVISIONS 29 SECTION 30. MAINTENANCE OF BENEFITS 29 SECTION 31. PREVAILING RIGHTS 29 SECTION 32. MISCELLANEOUS 29 2 MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF TIBURON AND THE TIBURON POLICE ASSOCIATION PREAMBLE This Memorandum of Understanding is entered into pursuant to the Meyers-Milias- Brown Act, by and between the Town of Tiburon and the Tiburon Police Association the Day of 2018. The parties have met and conferred in good faith regarding wages, hours, and other items and conditions of employment of the employees in the Tiburon Police Department and have exchanged freely information, opinions, and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and Employer-Employee relations of such employees. This Memorandum of Understanding shall be presented to the Town Council as the joint recommendation of the undersigned for salaries, fringe benefits, and working conditions of all employees. This Memorandum of Understanding and following agreements shall not become effective until approved by the Tiburon Town Council and Tiburon Police Association. Section 1. Recognition 1.1 Association Recognition The Town recognizes the Association as the majority representative of the sworn and non-sworn employees of the Tiburon Police Department, excluding the classifications of Chief of Police, Police Captain, Secretary, Emergency Services Coordinator and Police Officer Trainee. The category of sworn police personnel represented by the Association includes the classifications of sergeant and patrol officer. All other police personnel represented by the Association are considered non-sworn. 1.2 Dues Deduction The Town shall, in a payroll deduction made twice each month, deduct the amount of Association dues or fees as specified by the Association and authorized by each affected employee in accordance with rules and regulations to implement the Employer-Employee relations ordinance. Said deductions are to be made without fee charged to the Association. The Association agrees to hold the Town harmless from any liability arising from such deduction. 3 Section 2. Association Represented Employee Rights 2.1 The Association has the right to represent its members before the Town Council or advisory boards or commission or the Town Manager or his/her designee with regard to wages, hours, and working conditions or other matters within the scope of representation. 2.2 The Association has the right to be given reasonable written notice of any proposed ordinance, rule, resolution, or regulation, or amendment thereto, relating to matters within the scope of representation. 2.3 The Association has the right to reasonable access to employee work locations for officers of the Association and the officially designated representatives for the purpose of processing grievances or contacting members of the Association concerning business within the scope of representation. Access shall be restricted so as not to interfere with the normal operations of the Department, Town or established safety or security requirements. 2.4 Employees represented by the Association shall be free to participate in Association activities without interference, intimidation, or discrimination, in accordance with State law and Town policies, rules, and regulations. Section 3. Management Rights Except as otherwise provided in this Agreement, the rights of the Town include, but are not limited to, the exclusive right to determine the mission of its constituent department, commission, and boards; set standards of service; determine the procedures and standards of selection for employment and promotions; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of government operation; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work, including contracting for specified services. The Town maintains the right to use qualified volunteers or reserves in the Police Department service, provided such use does not adversely affect wages, hours, and other terms and conditions of employment. Use of said individuals shall be in accordance with State law and Police Department regulations. Nothing contained within this Section is intended to, in any way, supersede or infringe upon the rights of the recognized employee organization as provided under State and Federal law, including, but not limited to, California State Government Code Sections 3500 through 3510, inclusive. Section 4. No Discrimination There shall be no discrimination because of race, creed, color, national origin, sex, or legitimate Association activities against any employee or applicant for employment by the Town or by the Department or by anyone employed by the Department; and to the extent prohibited by applicable State and Federal law, there shall be no discrimination because of age. There shall be no discrimination against 4 any handicapped person solely because of such handicap unless that handicap prevents the person from meeting the minimum standards established. Section 5. Scope of Agreement 5.1 Term.- This erm:This Agreement shall be in effect from July 1, 2018 through June 30, 2021. 5.2 Procedure for Meet and Confer: The Town, through its representatives, shall meet and confer in good faith with representatives of the Association regarding matters within the scope of representation, including wages, hours, and other terms and conditions of employment, in accordance with the provisions of the Meyers-Milias-Brown Act. The Tiburon Police Association shall submit their next contract proposal changes to the Town Manager by no later than March 1, 2021. The Town shall commence contract negotiations no later than 45 days following receipt of the contract proposal. Section 6. Medical/Dental/Life and LTD Benefits Plan For hospital/medical insurance the Town shall contribute a dollar amount equal to the CalPERS PHEMCA minimum. In addition, for active employees the Town will contribute the dollar amount of the Kaiser 2-party rate, less the CalPERS PHEMCA, towards an employee's medical insurance plan. For dental insurance the Town will contribute the dollar amount equal to the employee family premium. For life insurance the Town will contribute an amount equal to the premium of the Town's group $25,000 term life insurance policy. Part-time employees who work a regular schedule over 28 hours per week shall receive a prorated amount of this monthly allowance based on their full-time equivalence. 6.1 Medical/Hospital Insurance: The Town of Tiburon offers its employees and their dependents medical/hospital insurance coverage. A full-time employee may choose a plan from those offered through the Public Employees Retirement System (PERS) Health Benefit plans. If the full sum specified in Section 6 above is exceeded for group insurance cost of a given employee and dependents, then that employee shall pay the balance of the monthly cost via a special twice per month payroll deduction for all full-time employees and their dependents. An employee may opt out of health insurance coverage upon evidence that they can be/are covered under their spouse or domestic partner's insurance. If an employee opts out of Town coverage they shall receive $400 per month which shall be credited to the employees 457 Deferred Compensation Plan. Health insurance is mandatory for all full-time employees. 6.2 Dentallnsurance: The Town of Tiburon offers its full-time employees and their dependents a dental plan. Such insurance is mandatory for all full-time employees. 6.3 Life Insurance: 5 The Town of Tiburon offers a Twenty-Five Thousand Dollar ($25,000) life insurance policy. Such insurance is mandatory for all full-time employees. 6.4 Disability Insurance: The Town of Tiburon offers its full-time employees long term disability insurance. Such insurance is mandatory for employees in the sergeant and patrol officer classification and optional for all others. 6.5 Change in Employee Benefit Plans: From time to time, at its option, the Town intends to evaluate the hospital-medical, dental, life, and long-term disability insurance plans currently available to employees to determine if similar or better coverage may be available at a lower cost to the Town. The Town may substitute new insurance carriers or arrange for self- insurance provided that the overall coverage is equal to or superior to the present coverage and provided that the Town meets with the Association to consult on any new plan before it is implemented. Section 7. Retirement Program 7.1 Scope of Benefits.- The enefits:The Town of Tiburon shall continue as an employer under the provisions of the Public Employees Retirement System of the State of California (Ca►PERS). 7.2 Classic Members — Local Safety The Town of Tiburon provides the 3% @ Age 55 Cal-PERS Local Safety retirement formula for sworn personnel. This retirement benefit is based on the Cal-PERS three (3) year average salary calculation. Effective July 1, 2010, each employee covered under the Local Safety 3% @ 55 coverage group shall pay their 9% normal member contribution. This employee contribution will be made pursuant to Internal Revenue Code (IRC) 414(h)(2), which allows the contribution to be made on a pre-tax basis. Effective July 1, 2015, employees covered under the Local Safety 3% @ 55 coverage group shall pay 3% of the Employer's Share of retirement contributions. This employee contribution will be made pursuant to Internal Revenue Code (IRC) 414(h)(2), which allows the contribution to be made on a pre-tax basis. The Town of Tiburon provides the following additional Cal-PERS benefits to "classic" employees covered under this Memorandum of Understanding: 1 . 1959 Survivors Benefits 2. Death Benefits - $600 3. Unused Sick Leave Service Credit 6 7.3 Classic Members — Local Miscellaneous The Town of Tiburon provides the 2% @ Age 55 Local Miscellaneous retirement formula for full-time non-sworn personnel covered under this Memorandum of Understanding. This retirement formula is based on the CalPERS single highest year salary calculation. Effective July 1, 2010 each employee covered under the Local Miscellaneous 2% @ 55 coverage group shall pay their 7% normal member contribution. This employee contribution will be made pursuant to Internal Revenue Code (IRC) 414(h)(2), which allows the contribution to be made on a pre-tax basis. Effective July 1, 2015 each employee covered under the Local Miscellaneous 2% @ 55 coverage group shall pay 1% of the Employer's Share of retirement contributions. This employee contribution will be made pursuant to Internal Revenue Code (IRC) 414(h)(2), which allows the contribution to be made on a pre- tax basis. The Town of Tiburon provides the following additional Cal-PERS benefits to"classic" employees covered under this Memorandum of Understanding: 1. 1959 Survivors Benefits 2. Death Benefits - $600 3. Unused Sick Leave Service Credit 7.4 "New" Members — Local Safety Local Safety employees classified as "new" under the Public Employee Pension Reform Act (PEPRA) will be covered by the CalPERS 2.7% @ 57 plan. Employees shall pay at least fifty percent (50%) of the Normal Cost of their Plan as calculated annually by CalPERS. 7.5 "New" Members — Local Miscellaneous Local Miscellaneous employees classified as "new" under PEPRA will be covered by the CalPERS 2% @ 62 plan. Employees shall pay at least fifty percent (50%) of the normal Cost of their Plan as calculated annually by CaIPERS. 7.6 Part-time Hourly Employees Part-time employees covered under this Memorandum of Understanding shall accrue retirement benefits under the Town's part-time, seasonal, temporary employee retirement plan administered by the Hartford Life Insurance Company. Part-time employees contribute 3.75% to the part-time, seasonal, temporary retirement plan, with the Town providing a matching contribution. 7 7.7 Paid Medical at Retirement For full time employees hired into Association represented classifications prior to September 19, 2001, the Town of Tiburon will contribute toward a retired employee's medical insurance plan based on the following conditions: 1. The employee must retire directly from employment with the Town of Tiburon and apply to PERS for service retirement benefits. 2. The retiree's medical allowance is fixed and capped at the Kaiser single rate that is in effect at the time of the employee's retirement. The allowance will be remitted monthly from the Town to the retiree. Should Kaiser no longer be provided through the Town's cafeteria program, a similar low-cost HMO provided will be substituted. 3. The Town contribution rate is based on the following formula: A. After 15 years of service to the Town of Tiburon, the employee/retiree will receive 50% of the value of the Kaiser single rate. B. After 20 years of service to the Town of Tiburon, the employee/retiree will receive 75% of the value of the Kaiser single rate. C. After 25 years of service to the Town of Tiburon, the employee/retiree will receive 100% of the value of the Kaiser single rate. For full time employees hired into Association represented classifications after September 19, 2001 but before July 1, 2010, the Town of Tiburon will contribute toward a retired employee's medical insurance plan, based on the following conditions: 1 The employee must retire directly from employment with the Town of Tiburon and apply to PERS for service retirement benefits. 2. The retiree's medical allowance is fixed and capped at the Kaiser single rate that is in effect at the time of the employee's retirement. The allowance will be remitted monthly from the Town to the retiree. Should Kaiser,no longer be provided through the Town's cafeteria program, a similar low-cost HMO provided will be substituted. 3. The Town contribution rate is based on the following formula: A. After 15 years of service to the Town of Tiburon and the accrual of 720 hours sick leave, the employee/retiree will receive 50% of the value of the Kaiser single rate. B. After 20 years of service to the Town of Tiburon and the accrual of 960 hours of sick leave, the employee/retiree will receive 75% of the value of the Kaiser single rate. 8 C. After 25 years of service to the Town of Tiburon and the accrual of 1200 hours of sick leave, the employee/retiree will receive 100% of the value of the Kaiser single rate. Any employee hired into an Association represented classification after July 1, 2010 will not be eligible to receive a paid medical allowance upon retirement, irrespective of length of service. 7.7. Retirement Medical Trust The Town of Tiburon agrees to establish a Retirement Medical Trust for voluntary employee contributions. Such trust shall be established upon the Tiburon Police Association meeting the selected administrator's minimum requirements. Section 8. Holidays 8.1 In accordance with Government Code and the Town Personnel Rules and Regulations, sworn personnel of the Town shall observe the following holidays on the dates indicated below: HOLIDAY DATE OBSERVED Independence Day July 4 Labor Day 1st Monday in September Admissions Day September 9 Columbus Day 2nd Monday in October Veterans Day November 11 Thanksgiving 4th Thursday in November Christmas December 25 New Year's Day January 1 Martin Luther King Day 3rd Monday in January Lincoln's Birthday February 12 President's Day 3rd Monday in February Memorial Day Last Monday in May In accordance with Government Code and the Town Personnel Rules and Regulations, non-sworn personnel covered under this Memorandum of Understanding shall observe the following holidays indicated below: HOLIDAY DATE OBSERVED Independence Day July 4 Labor Day 1st Monday in September Veteran's Day November 11 Thanksgiving 4th Thursday in November Day After Thanksgiving 4t" Friday in November Christmas Eve December 24 Christmas December 25 New Year's Eve December 31 New Year's Day January 1 Martin Luther King Day 3rd Monday in January President's Day 3rd Monday in February Memorial Day Last Monday in May 9 8.3 Payment for holidays to sworn personnel shall be made, at the employee's option, as either eight (8) hours additional salary included in the pay period during which the holiday falls or eight (8) hours additional vacation shall be added to the employee's vacation accrual. 8.4 The position of Police Service Aide will receive the Holiday off and not the Holiday pay. Section 9. Sick Leave Sick leave shall not be considered as a right which an employee may use at his/her discretion, but shall be allowed only in the case of necessity or actual sickness or disability, and in the case of disability other than sickness, only where such disability occurred while the employee was not gainfully employed elsewhere. 9.1 Use of Sick Leave: Sick leave may betaken for absences from duty made necessary by- 1. y:1. Personal illness, caused by factors over which the employee has no reasonable immediate control. 2. Injury not incurred in line of duty, except where traceable to employment other than the Town. 3. Medical, dental or eye examination or treatment for which appointment cannot be made outside of working hours. 4. Death of a close relation as defined in the Town's Personnel Rules & Regulations. 5. Hospitalization of a close relation as defined in the Town's Personnel Rules & Regulations or any member of the employee's household, where the Chief of Police or his/her designee approves such leave. 6. Care of a close relation as defined in the Town's Personnel Rules & Regulations, or any member of the employee's household who is ill or injured, though not hospitalized, where the Chief of Police or his/her designee approves such leave. 9.2 Sick Leave Accumulation: Sick leave with pay shall be granted to all full-time employees who have served six (6) months, except as hereinafter provided. An employee shall accumulate eight (8) hours sick leave per month from date of hire until terminated or on leave without pay. Employees hired on a part-time basis shall accrue a pro-rated share of sick leave based on their full-time equivalent. Employees who are absent without pay for any reason more than ten (10) working days during a calendar month, shall not accumulate sick leave for that month. 9.3 Holidays During Sick Leave: Holidays and regular days off occurring while an employee is on sick or special leave shall not be charged against such employee's sick leave credits. 10 9.4 Payment for Unused Sick Leave.- For eave:For each full-time classification represented by the Tiburon Police Association and hired prior to September 19, 2001, an employee may receive payment of fifty percent (50%) of the value of their unused sick leave up to a maximum of 480 hours if the following conditions are met: 1. The employee files for service retirement from the Town, or 2. The employee voluntarily separates from the Town and has at least fifteen (15) years of service with the Town. Effective July 1, 2011, the cash value of this benefit will be determined based on each employee's hourly rate and number of eligible hours for cash-out purposes (50% of sick leave balance, up to 60 days or 480 hours). This value will be documented and the value capped. This value cannot grow through additional accrued sick leave or though increases in hourly pay rate. Employees with 15 years or more service with the Town may request a cash-out of 60% of the eligible hours (early cash-out option). Should an employee request the early cash-out of 60% of the eligible sick leave hours, they will not be entitled to any further sick leave cash-out upon retirement or separation of employment with the Town. Those hours cashed out will be deducted from the employees sick leave balance. If an employee is not eligible for, or elects not to take, the early cash- out option, they shall be paid the frozen dollar value upon separation of employment with the Town. The only way the frozen dollar amount can be lowered is if an employee has less accrued sick leave hours upon separation of employment than they do on July 1, 2011. For tax planning purposes, should an employee desire to take the early cash out option, they will be allowed to take this payment in either 2011 or in January 2012. For purposes of providing examples of this section, attached to this MOU is Exhibit "A. For each full-time classification represented by the Tiburon Police Association and hired after September 19, 2001, an employee may accrue unlimited sick leave with no option for payment of unused sick leave upon retirement or separation of employment with the Town. 9.5 Termination of Sick Leave: Sick leave shall automatically terminate on the date of retirement or on the date upon which an ordinary disability allowance under the retirement system becomes effective. 9.6 Sick Leave Notification and Proof of Illness: In order to receive compensation while on sick leave, the employee shall notify his/her immediate superior, prior to or at the time set for beginning his/her daily duties, or as may be specified by the Chief of Police or his/her designee, of the reason for requiring such leave and failure to reasonably do so may be grounds for denial of such leave with pay. 9.7 Proof of Illness: 11 In any request for sick leave with pay for three (3) or more calendar days, the Chief of Police or his/her designee may require a statement in writing signed by a licensed physician, or the submission of the substantiating evidence that the employee is incapacitated and unable to perform his/her duties. The Town has the right to determine by reasonable means the validity of any sick leave usage by any employee at any time. Section 10. Leave With Pay The following provide for leave with pay: 10.1 Military Service: Military leave shall be granted in accordance with State and Federal statutes. 10.2 Jury Duty: At the call of the Jury Commissioner, all employees occupying authorized regular positions shall be allowed to leave for jury duty upon presentation of jury notice to the Chief of Police or his/her designee or Town Manager. The employee shall receive full pay for the time served on the jury. Monies received from the courts by the employee for jury duty will be deposited with the Town of Tiburon. 10.3 Vacation Leave: All regular employees occupying a position shown in the Annual Salary Program become eligible for vacation leave with pay as shown in Section 11 below. Section 11. Vacation All regular employees are eligible for vacation leave with pay as shown below: 11.1 Vacation Leave Accrual: Vacation leave with pay shall be credited to all full-employees at the following rates.- First ates:First five (5) years of service - eight (8) hours per month Second five (5) year service — twelve (12) hours per month Third five (5) years of service - thirteen and one-third (13 113) hours per month Part-time employees hired into an Association represented classification shall accrue the pro-rated share of vacation leave accumulation above based upon their full-time equivalent. Vacation leave shall be credited to each employee's account monthly. 11.2 Paid Time Off The classification of Police Service Aide shall receive eight (8) hours of paid time off per year. Paid time off must be used by December 31 in the calendar year that it is 12 granted or it will be forfeited. Requests for paid time off shall be submitted in advance by the employee in writing to the Chief of Police or his/her designee, who may approve the request. Police Service Aides who work less than a forty (40) hour work week shall receive a prorated amount of paid time off. Paid time off shall not roll over to subsequent years or be paid out upon the employee's departure from the City or promotion or transfer to another position. 11.3 Payment for Unused Vacation Time: When an employee with six (6) months service terminates, fractional periods of vacation shall be calculated and credited to the employee's account. Compensation will be at the employee's daily rate of pay. 11.4 11.4 Vacation Leave Accumulation: Vacation leave for employees with less than five (5) years of service may not be accumulated beyond two hundred hours. For employees with more than five (5) years of service, vacation leave may not be accumulated beyond two hundred and eighty hours; providing the Town Manager may require two (2) of those weeks to be taken at a separate time. Employees who are on leave or suspension without pay for more than ten (10) working days in any calendar month shall not accumulate vacation leave for that month. 11.5 Sickness During Vacation Leave: Sickness occurring during vacation leave, upon doctor's certification, will be considered sick leave and not be charged against vacation leave. 11.6 Vacation Leave Scheduling: Requests for vacation leave shall be submitted in advance by the employee in writing to the Chief of Police or his/her designee, who may approve the time employees may take their vacation. Section 12. Salary Salary increases will take effect for the full pay period that includes July 1, as follows. On July 1, 2018, the monthly salary range for each represented classification shall be: TITLE A B C D E Sergeant 8,202 8,612 9,043 9,495 9,970 Officer 6,848 7,190 7,550 7,927 8,324 Police Service Aide 4,837 5,079 5,333 5,599 5,879 13 On July 1, 2019, the monthly salary range for each represented classification shall be increased by 2.75%: TITLE A B C D E Sergeant 8,428 8,849 9,292 9,756 10,244 Officer 7,037 7,388 7,758 8,146 8,553 Police Service Aide 4,970 5,218 5,479 5,753 6,041 On July 1, 2020, the monthly salary range for each represented classification shall be increased by 2.75%: TITLE A B C D E Sergeant 8,660 9,093 9,547 10,024 10,526 Officer 7,230 7,592 7,971 8,370 8,788 Police Service Aide 5,107 5,362 5,630 5,912 6,207 12.1 Advancement Within Salary Range: The following criteria shall apply to advancement within salary ranges of individual employees who are on a step plan: Step A: Employees generally shall be hired at Step A of their respective pay range. Step B: Employees shall be eligible for advancement to Step B upon completion of six (6) months satisfactory performance as documented by a written performance evaluation, affirmed by the Chief of Police or his/her designee, and approved by the Town Manager. Additional Steps: Employees shall be eligible for advancement from Step B to higher steps in their respective pay range after completion of one (1) year satisfactory performance at the previous step as documented by a written performance evaluation, affirmed by the Chief of Police or his/her designee, and approved by the Town Manager. The Town Manager may increase an employee's salary on the basis of exceptional merit within the employee's respective pay range. The Town Manager may also designate the salary rate or step at which an employee is appointed. 14 Section 13. Longevity Pay For the classifications of Police Officer and Police Sergeant, the Town will recognize tenure in the form of longevity pay and will compensate employees by the fixed monthly amount below: Upon the completion of five (5) years of service to the Town $155 Upon completion of ten (10) years of service to the Town $170 Upon completion of fifteen (15) years of service to the Town $215 Upon completion of twenty (20) years of service to the Town $255 Section 14. Overtime 14.1 Definition: For the classifications of Police Officer and Police Sergeant assigned to a 3/12 work schedule: Authorized time worked in excess of eighty-four (84) hours in a fourteen day work period. Time paid for but not worked such as paid sick leave, vacation leave and comp time leave shall be included in the computation of said eighty-four (84) hour work period. For the classification of Police Service Aide: Authorized time worked in excess of eighty (80) hours in a fourteen day work period. Time paid for but not worked such as paid sick leave, vacation leave and compensatory time leave shall be included in the computation of said eighty (80) hour work period. . Traditionally, the classification of Police Service Aide and precursor classifications worked a traditional 5-40 work schedule. The Town implemented a 9-80 work schedule in October 2003. The Town reserves the right to discontinue the 9-80 work schedule and return to the 5-40 work schedule in whole or in part at any time during the length of this contract 14.2 Policy: It is the policy of the Town of Tiburon to keep overtime at a minimum consistent with the protection of the lives and property of Tiburon citizens and the efficient operation of the Department. Overtime must be authorized by the Chief of Police or his/her designee and be in compliance with the overtime policy as set forth in the Town's Personnel Rules and Regulations. 14.3 Overtime Pay: Overtime pay shall be paid at the option of the employee based on the rate of pay at time and one-half (1-1/2) or compensatory time at time and one-half (1-1/2) off. 14.4 Compensatory Time Compensatory time shall not be accumulated in excess of sixty (60) hours. 15 14.5 Standby Time: "Standby Time" is defined as that period of time an employee is required to leave work where he/she may be contacted to return to work if needed within a reasonable period of time. Standby time will be computed at .25 hours of each hour of standby time (1 hr: 4hrs). Standby time will be compensated at straight compensatory time off (CTO) only. 14.6 Court Time: The minimum hours of compensation for court time on other than duty time shall be four (4) hours. Court time shall be computed at the time and one-half (1-1/2) rate and compensated as either compensatory time off or cash payment, at the employee's choosing. For any employee who is subpoenaed to appear in court and such appearance is cancelled, but not by 1800 hours the day before, said employee shall be credited with 2 hours non-premium compensatory time. 14.7 Call Back Time: Any employee who has departed from his/her work location and is called back is guaranteed a minimum of two (2) hours compensation. Employees who do not receive twenty-four (24) hour advance notice of cancellation of department scheduled non-emergency call back will receive call back time. Section 15. Special Meal Allowance 15.1 For the classification of Police Officer and Police Sergeant directed to work a special twelve (12) hour overtime shift will be eligible for meal reimbursement not to exceed fifteen dollars ($15). This allowance applies only to a twelve (12) hour shift that is not the employee's normal working shift. For the classification of Police Service Aide directed to work twelve (12) or more continuous hours by the Chief of Police or his/her designee in a twenty four (24) hour period (commencing from 0100 to 2400 hours) without an eight hour break, will be eligible for meal reimbursement not to exceed Fifteen Dollars ($15) 15.2 A receipt must be obtained for any meals purchased or this allowance will be disallowed. 15.3 This allowance applies only to regular shift duty worked. This allowance specifically excludes court time activity, range activity, standby activity, meetings, or other non- regular shift duty. Section 16. Education Incentive Program 16.1 For the classifications of Police Officer and Police Sergeant, the following education/certification incentive program will be compensated by the fixed monthly amount below: Possession of POST Intermediate Certificate/Assoc of Arts/Science Degree $225 16 Possession of POST Advanced Certificate/Bachelor of Arts/Science Degree $325 Possession of POST Supervisory Certificate/Master of Arts/Science Degree $325 If an employee is eligible for more than one certificate/degree incentive pay, the employee will be compensated at the higher rate, not the combined total. Section 17. Tuition Reimbursement Program Effective December 1, 2004, for each full-time classification represented by the Tiburon Police Association, a tuition reimbursement program shall be offered for the matriculation of an Associate or Bachelor's degree. Tuition reimbursement for advanced degrees must be approved in advance by the Chief of Police and the Town Manager. The Town will reimburse costs up to $1,200 annually for the equivalent to the cost of tuition, books and fees at California State University rates. To qualify for reimbursement, employees must submit certified transcripts with evidence of a grade of "C" or better from an accredited college or university and submit bona fide receipts. Employees currently enrolled in an advanced degree program as of December 1, 2004 shall not be subject to the annual $1,200 cap on tuition reimbursement during the pursuit of the advanced degree currently enrolled. Employees are not eligible for reimbursement of tuition for coursework which commenced during their new hire probationary period or prior to employment with the Town. Section 18, Uniform Maintenance Allowance The Town will provide an adequate supply of uniforms and pay for necessary cleaning, as determined by the Chief of Police or his/her designee, for all classifications covered under this MOU. Section 19. Special Pay The Town shall compensate for the following specialty pays: Two hundred Fifty Dollars ($250) per month shall be paid to the person assigned by the department to provide the special services listed below: 1. Motorcycle Officer 2. Investigator 3. 19.1 Field Training Officer Person assigned as Field Training Officer (FTO) shall be paid an additional Twenty- Seven Dollars ($27) per shift. No more than two (2) Field Training Officers shall be assigned to any one (1) shift. 19.2 Bi-Lingual Pay Town shall provide bi-lingual pay of One hundred Twenty-Five Dollars ($125) per month that bi-lingual translation services are provided. In order to qualify for this 17 pay, translation services must be approved by the duty Sergeant or higher ranking management position. Any employee wishing to be compensated for bi-lingual skills must first pass a proficiency test that certifies the employee as fluent in such language. If an employee certified in a foreign language is called at home to provide translation services, said employee shall be eligible for a minimum of one hour overtime. 19.3 Shift Differential Police Officers and Sergeants assigned to the 6:00 PM to 6:00 AM shift shall be entitled to a Two Hundred Fifty Dollars ($250) per month shift differential. Any Sergeant or Patrol Officer, who is normally assigned to either day shift or cover shift and is assigned to work a graveyard shift in-lieu of their normal schedule, shall be entitled to an $8.64 per shift differential. Section 20. Safety Equipment 20.1 Safety Equipment The Town of Tiburon shall supply safety equipment to its Police Officer and Sergeant personnel. All Police Officers and Sergeants shall possess and have immediately available for their use those items of safety equipment determined to be necessary by the Chief of Police or his/her designee. 20.2 Duty Footwear: The Town will pay up to One Hundred Twenty-five Dollars ($125.00) each fiscal year for duty footwear for personnel. Replacement shall be on as-needed basis, as decided by the Chief of Police or his/her designee, but replacement shall not be unreasonably withheld. Section 21. Hours of Work 21.1 Normal Work Schedule for Non-Sworn Personnel The normal work schedule for employees occupying full time positions shall consist of eighty (80) hours to be worked in a fourteen (14) day work period. The.normal workday for all non-sworn employees shall consist of not more than ten (10) hours. 21.2 Normal Work Schedule for Sworn Personnel Sworn personnel work in accordance with FLSA 7k work period exemption consisting of fourteen (14) days commencing on Monday and ending fourteen (14) days later on Sunday. A typical workday for Sergeants and Officers assigned to patrol consists of twelve (12) hours per shift. Typically, each shift will normally work three twelve (12) hour shifts, or thirty-six (36) hours, followed by four (4) days off and will then work four (4) twelve (12) hour shifts 18 or forty-eight (48) hours, followed by three (3) days off, within a fourteen (14) day work period. Typically, one team will work on Sunday, Monday, Tuesday and every other Wednesday. Typically, the other team will work Thursday, Friday, Saturday and every other Wednesday, dependent upon the needs of the department. Police Sergeants and Police Officers assigned to the above twelve (12) hour shift schedule will be assigned twelve (12) hours of working time off during each six (6) week period, as scheduled by the Chief of Police or his/her designee. The following illustrates a typical work period: WEEK 1 _ Sunday Monday W Tuesday ed. I Thurs. I Friday Saturday ON ON ON OFF OFF OFF OFF WEEK 2 _ Sunday Monday Tuesday Wed. Thurs. Friday Saturday ON I ON I ON ON OFF OFF OFF There are periods in which the need to augment personnel away from the above illustrated typical shift occurs. Personnel may be designated to serve on various shifts at the direction of the Police Chief or his/her designee at any time. Scheduling of individual officers within the working schedule of shift rotation is subject to change at any time. Changes may occur during periods of personnel absence due to vacation, training, illness, injury, scheduling days off, compensatory time off, resignation or other unforeseen circumstances. Changes in the typical work schedule may also occur as a result of special needs of the department in order to address service to the community. Sworn personnel may be assigned to work hours and/or days other than those listed above. An example could be 1500 hours to 0300 hours and/or Tuesday, Wednesday and Thursday. Sworn patrol personnel will receive at least three (3) calendar days off between scheduled work weeks. Except in times of emergency as defined by a supervising officer, no Sergeant or Officer shall work more than twelve (12) hours on patrol without an intervening break of at least eight (8) hours. Changes in the days or hours of the regular work schedule of an employee shall entitle such employee to regular ove►iime compensation at the rate on one and one-half (1 v'-) for any hours worked outside the employee's regular work schedule unless the Town has posted the change in the schedule seven (7) days prior to the change. No advance notice to employees by the Town of shift change shall be required and no overtime shall be paid when shift changes occur as a result of work related emergencies (i.e., multiple sicknesses, disabilities or injuries; an unplanned for vacancy or shortage occurring less than seven (7) days in advance of the shift change). Section 22. Seniority 22.1 Department Seniority: 1. Employees shall be placed on the Department seniority list in accordance with their most recent date of hire. 19 2. When two (2) or more employees are assigned to the payroll on the same date, seniority shall be given in accordance with their relative standing on the respective eligibility list. 22.2 Classification of Seniority: 1. Employees shall be placed on a classification seniority list in accordance with their most recent date of appointment to the specific classification. 2. When two (2) or more employees are appointed or promoted to the same classification on the same date, seniority shall be based upon their relative standing on the respective eligibility list. Section 23. Layoff Procedures The appointing authority may lay off employees because of lack of work or lack of funds requiring the reduction of the work force of the Town. An employee or employees within a given job classification so released under this Section shall be laid off based upon seniority as defined in Section 22 with the least senior employee the first to be released from Town employment. The name of any employee so released shall be placed on an appropriate re-employment eligibility list. Within ten (10) working days before the effective date, the Personnel Officer shall notify the employee affected of the intended action, the effective date, and the reasons therefore. Employees laid off pursuant to this Section shall not have the right to appeal. Section 24. Disciplinary Action/Separation from the Service 24.1 For purposes of these Rules, the following positions are considered "department heads": Director of Administrative Services, Director of Community Development, Director of Public Works/Town Engineer, and the Chief of Police. 24.2 Types of Disciplinary Actions. The following are types of actions that may be utilized by the department heads in disciplining employees. A. Oral Reprimand: A formal discussion with an employee about performance or conduct problems. This action preferably is summarized in a memo to the employee outlining the nature of the discussion. An oral reprimand is not subject to the appeal process described below. B. Written Reprimand: A written document presented to an employee regarding performance or conduct problems. A copy must be provided to the employee with a copy being placed in the employee's personnel file. A written reprimand is not subject to the appeal process described below. C. Disciplinary Suspension: An involuntary absence without pay for a fixed period of time. D. Reduction in Pay: The temporary or permanent reduction in pay of an employee. The department head may, within the minimum and maximum of the 20 salary range for the position, decrease the salary level of an employee whose ability to perform the required duties of his or her position falls below standard, as determined by the department head, or for disciplinary purposes. E. Demotion: Demotion to a lower classification. The department head may demote an employee whose ability to perform required duties of his or her position falls below standard, as determined by the department head, or for disciplinary purposes. No employee shall be demoted to a position for which he or she does not possess the minimum qualifications. F. Termination: Discharge from the Town service. An employee in the competitive service may be discharged for cause at any time by the department head. Pending investigation of and imposition of a disciplinary matter, the department head may place an employee on paid administrative leave. The Town is not required to take disciplinary actions in sequential or progressive order. The level of the disciplinary action taken shall be commensurate with the offense, provided that the prior employment and disciplinary history of the employee may also be considered pertinent. 24.3 Causes for Discipline. Disciplinary action may be taken for any reasonable cause, including, but not limited to, the following: A. Unauthorized absence or excessive absenteeism; B. Conviction of a felony, or conviction of a misdemeanor relating to the employee's fitness to perform assigned duties; C. Disorderly conduct,- D. onduct;D. Carelessness; incompetence, inefficiency, or negligence; E. Insubordination; F. Intoxication while on duty; G. Neglect of duty; H. Negligence or willful damage to public property, or waste of public supplies or equipment; I. Violation of any lawful regulation or order made and given by a line supervisor; J. Willful violation of any of the provisions of the Ordinances of the Town, these rules, or others promulgated by the Town Manager as Administrative Orders. 21 K. Tardiness; L. Discourteous or disrespectful treatment of other employees, Town residents and other members of the community, customers, suppliers, or visitors, or treatment that does not foster cooperation between employees or employees and the community; M. Dishonesty; N. Misuse of or failure to maintain any employment qualification; O. Sleeping on the job or leaving the job without authorization,- P. uthorization;P. Improper use of Town funds; Q. Acceptance or solicitation of bribes or extortion; R. Unauthorized use of Town property,- S. roperty;S. Theft of or harm to Town property or the personal property of another; T. Failure to comply with safety standards; and/or; U. Use of influence of position with the Town for private gain or advantage, or the use of time, facilities, equipment or supplies for private gain or advantage; V. Other failure of good behavior either during or outside of employment such that the employee's conduct causes or should reasonably be expected to cause discredit to the Town. 24.4 Notice of Intent. The following procedure shall be adhered to for non-emergency suspensions, demotions, reductions in pay, and terminations: A. The department head shall issue to the affected employee a written Notice of Intent of the proposed disciplinary action. The notice shall be delivered to the affected employee personally or sent to the employee by either overnight mail and/or certified or registered mail, return receipt requested, at the employee's last known address. The Notice of Intent will include the following: 1. A statement that clearly defines the intent to take action, the proposed action to be taken, and the proposed effective beginning and ending time of intended action; 2. A statement of the specific grounds and particular facts upon which the proposed disciplinary action will be taken; 3. A copy of all written materials, reports, or documents upon which the 22 intended action is based; 4. A statement that the employee will be afforded the right to respond to the Notice of Intent, either verbally or in writing, or both, within ten (10) calendar days upon receipt of the intended disciplinary action; and 5. The employee's signature on the Notice of Intent will acknowledge receipt of said notice by the employee. If the employee refuses to sign, it will be noted as such on the Notice of Intent. The signature documentation on the Notice of Intent will acknowledge that the employee received the Notice of Intent. B. Employee Response to Notice of Intent. Within ten (10) calendar days after the employee has been served with the Notice of Intent, the employee will have the right to respond, verbally or in writing, or both, to the department head concerning the proposed disciplinary action. If, within the ten (10) day response period, the employee does not provide a written or verbal response, the proposed action of the Town will take effect as set forth in the Notice of Intent. C.D. Notice of Final Discipline. After considering the employee's timely response, the department head shall issue and deliver to the employee a Notice of Final Discipline, which shall be a written statement of the decision to uphold, modify, or reject the proposed Disciplinary Action. Such action may not include discipline more severe than that described in the Notice of Intent. 24.5 Appeal of Disciplinary Action. A. Disciplinary Actions Subject to Appeal. A regular employee may, within ten (10) calendar days after the effective date of a suspension, demotion, reduction in pay, or termination, file a written appeal with the Director of Administrative Services. B. Failure to Request Disciplinary Appeal Hearing. If the employee fails to request a disciplinary appeal hearing within the prescribed time and manner, the employee shall have waived the right to a hearing and all rights to further appeal of the disciplinary action. C. Hearing Officer. For appeals of discipline, the Town and employee or Association shall obtain a strike list of seven names from the Public Employee Relations Board (PERB). The Town and the employee/ Association shall then mutually select the Hearing Officer by striking names from the list in alternating turns. Fees for the hearing officer will be borne by the Town unless the employee is represented by an association in the appeal, in which case the costs will be split evenly between the Town and the Association. After the Town has issued the Final Notice of Discipline, any delay by the 23 employee or Association in selecting a hearing officer or setting a hearing date, in excess of thirty (30) calendar days, shall result in the employee forfeiting his or her right to an appeal, and the discipline shall become final. D. Representation at Disciplinary Appeal Hearing. At the disciplinary appeal hearing, the employee may be represented by counsel or other representative. The employee may not be represented by a person who will be called as a witness. E. Production of Witnesses and Documents. The Hearing Officer shall have the authority to compel the attendance of witnesses, and to require the production of documents. The Hearing Officer shall also have the authority to require the identification of witnesses, documents, and other evidence in advance of the disciplinary appeal hearing. F. Conduct of Disciplinary Appeal Hearing. The proceedings before the Hearing Officer shall be conducted as follows: 1. The Town shall have the burden of proof, and the burden shall be by the preponderance of the evidence. 2. The hearing need not be conducted in accordance with the technical rules relating to evidence and witnesses, but shall be conducted in a manner most conducive to the determination of the truth. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper admission of such evidence over objection in a court of law. Decisions made by the Hearing Officer shall not be invalidated by any informality in the proceedings. 3.The Hearing Officer shall determine the relevancy, weight, and credibility of testimony and evidence. 4. Irrelevant evidence and unduly repetitious evidence shall be excluded. 5. The Hearing Officer shall have the authority to exclude any witnesses and other persons not necessary to the proceedings. 6. The Hearing Officer shall not engage in ex parte communications with the parties. G. Hearing Officer's Decision. 1. The Hearing Officer shall issue an advisory, written decision containing findings of fact and conclusions of law. The Hearing Officer shall recommend that the Town affirm, revoke, or reduce the disciplinary action imposed against the employee. The Hearing Officer may not recommend 24 discipline more stringent than that imposed by the department head. The Hearing Officer shall not have the authority to render a binding decision that requires the Town to expend additional funds, to hire additional personnel, to buy additional equipment or supplies, or to pay wages or benefits not specifically provided for in the Personnel Rules or any resolutions, ordinances, or policies adopted by the Town. The Hearing Officer shall not have the authority to require the Town to perform any other action that would violate state or federal laws. The Hearing Officer's decision shall be advisory to the Town Manager. The Town Manager shall, within 30 calendar days from after the date of receipt of the Hearing Officer's decision, issue a final written decision that shall affirm, revoke, or revise the Hearing Officer's recommendation. The Town Manager's decision constitutes a final resolution of any disciplinary action and no further appeal shall be permitted within the Town's administrative process. A copy of the Town Manager's decision shall be provided to the charged employee, and may be placed in the employee's personnel file. 2. Extension of Time. Any time limits specified in this procedure may be altered by mutual, written agreement. Section 25. Grievance Procedure 25.1 This grievance procedure shall not apply to the appeal of discipline, which is governed by the appeal procedures in Section 24. 25.2 Informal Grievance Procedure: Within five (5) working days of the event giving rise to a grievance, the grievant shall present the grievance informally for disposition by the immediate supervisor, or at any appropriate level of authority. Presentation of an informal grievance shall be a prerequisite to the institution of a formal grievance. 25.3 Formai Grievance Procedure: If grievant believes that the grievance has not been redressed through the informal grievance procedure within five (5) working days from the date of informally presenting the event giving rise to a grievance to his/her immediate supervisor, he/she may initiate a formal grievance within five (5) working days thereafter. A formal grievance can only be initiated by completing the filing with the Chief of Police or his/her designee a memorandum. The memo shall contain: 1. Name(s) of grievant 2. Class 3. Title(s) 4. Mailing address(es) 5. A clear statement of the nature of the grievance (citing applicable ordinance, rules or regulations, or contract language). 6. The date upon which the grievance occurred. 25 7. A proposed solution to the grievance. 8. The date of execution of the grievance form. 9. The signature of the grievant. 10.The name of the organization or individual, if any, representing the grievant followed by the signature of the representative. Step 1 Within ten (10) working days after a formal grievance is filed, the Chief of Police or his/her designee shall investigate the grievance and confer with the grievant in an attempt to resolve the grievance and make a decision in writing. Step 2 (a) If the grievance is not resolved in Step 1 to the satisfaction of the grievant, he may, within not more than five (5) working days from his/her receipt of the Chief of Police or his/her designee's decision, request consideration of the grievance by the Town Manager by so notifying the Personnel Officer. (b) Within ten (10) working days after such notification, the Town Manager shall investigate the grievance, confer with the persons affected and their representatives to the extent he deems necessary, and renders a decision in writing. (c) The Town Manager shall advise the grievant, in writing, of his/her decision. If the decision does not resolve the grievance to the satisfaction of the grievant, the grievant may proceed to Step 3. Step 3 If the grievance is not resolved in Step 2, a final appeal may be filed, in writing, with the Town Council not more than five (5) working days from the employee's receipt of the Town Manager's decision. The Town Council shall, within thirty (30) days of receiving the grievance, hear and decide upon the grievance. The decision is final and binding in all respects. No employee shall, as a direct or proximate result of such grievance, suffer dismissal from the services of the Town, transfer, demotion, reduction of salary, or other disciplinary action unless it shall be determined by the Town Council that the grievance was taken willfully and/or spitefully for purposes of disruption, with intentional disregard of facts, to wrongfully embarrass the Town, its officers, and employees, to disturb the public peace, health, safety, and welfare, or to serve personal ends inimical to the public service. 25.3 Aggrieved Employee Representation: An aggrieved employee may be represented by any person or organization of his/her choice at any stage of the proceedings. 25.4 Appeal: A regular employee may, within ten (10) calendar days after the effective date of Town Manager's decision regarding the grievance, file a written appeal with the Town Manager. The Town Manager may make whatever investigation of the appeal he/she deems appropriate and make a finding within fifteen (15) calendar days. If the employee is dissatisfied with such finding, within ten (10) calendar days, the employee may file a written appeal with the Town Council. The Town Council shall hold a hearing within thirty(30) calendar days thereafter. The Town 26 Council shall render its decision on the appeal within fifteen (15) calendar days following the hearing and shall notify the employee in writing of its decision. Section 26. Fair Labor Standards Act 26.1 For police officers under the 7k exemption, a work period is fourteen (14) days. Police officers may accumulate up to twelve (12) hours of compensatory time' during the work period prior to being paid overtime. 26.2 The police service aide's work schedule shall either be a 5/8 or 9/80 plan at the discretion of the Police Chief or his/her designee. Overtime shall be paid for hours worked in excess of their normal work schedule. All overtime earned may be either paid in cash or allowed to accrue compensatory time in accordance with the Fair Labor Standards Act. All or part of this Section shall be invalidated at such time as either a court of competent jurisdiction and/or the Congress of the United States amends or modifies the act to exclude all or some local government employees. Section 27. Catastrophic Leave The Town agrees to establish a Catastrophic Leave Bank to assist employees who have exhausted accrued leave time due to a serious or catastrophic illness or injury. The Time Bank will allow other bargaining unit employees to donate time to the affected employee so that he/she can remain in a paid status for a longer period of time, thus partially ameliorating the financial impact of the illness, injury or condition. Eligibility To be eligible for this benefit, the receiving employee must: 1) Be a regular full- time employee who has passed his/her initial Town probationary period,,2) Have sustained a life threatening or debilitating illness, injury or condition which may require confirmation by a physician, 3) Have exhausted all accumulated paid leave including vacation, holiday, sick leave, and/or compensatory time off, 4) Be unable to return to work for at least thirty (30) days, and 5) Have applied for a Leave of Absence Without Pay for medical reasons. Benefits Accrued vacation and compensatory time off hours donated by other employees will be converted to sick leave and credited to the receiving employee's sick leave time balance on a dollar-for-dollar basis and shall be paid to the recipient at the donor's rate of pay. For as long as the receiving employee remains in a paid status, seniority, and all other benefits will continue, with the exception of sick leave, holiday, and vacation accrual. The total leave credits received by an employee will not normally exceed three (3) months. However, if approved by the Chief of Police or his/her designee and the Town Manager or his/her designees the total leave credits may be extended on a case by case basis. 27 Guidelines For Donating Leave Credits To The Time Bank a. Accrued vacation leave and compensatory time off may be donated by any regular full-time employee who has completed his/her initial Town probationary period. b. Time donated will be converted from vacation or compensatory time to sick leave hours and credited to the receiving employee's sick leave balance on an dollar-for-dollar basis and shall be paid at the rate of pay of the receiving employee. c. The total amount of time donated to one employee by another employee shall not exceed the equivalent of forty (40) hours at the recipient's rate of pay. The total leave credits received by the employee shall not normally exceed three months; however, if approved by the Chief of Police or his/her designee, the Town Manager or his/her designees may approve an extension to six (6) months total time. d. Initial leave time donations must be a minimum of eight (8) hours at the recipient's rate of pay and thereafter, in four(4) hour increments. An employee cannot donate leave hours that would reduce his/her vacation balance to less than forty (40) hours. e. The use of donated leave hours will be in consecutive one shift increments (i.e., eight (8) hours for a full-time employee working five (5) eight (8) hour days/week). f. While an employee is on leave using donated leave hours, no vacation, holiday, or sick leave hours will accrue. g. Under all circumstances, time donations received by the employee are forfeited once made. In the event that the receiving employee does not use all transferred leave for the catastrophic illness/injury, any balance will remain with that employee as sick leave until that employee's separation from Town service. h. Payment for unused sick leave at the time of termination of employment shall be in accordance with the Memorandum of Understanding. i. In accordance with IRS Ruling 90-29, leave transferred under such arrangements will not be considered wages for the employee who surrenders the leave and will therefore not be included in gross income or subject to withholding. An employee who donated leave incurs no deductible expense or loss either upon the donation or use by the recipient. 28 Section 28. Full Understanding, Modification, Waiver 28.1 The parties agree that this Memorandum of Understanding sets forth the full and entire understanding of the parties regarding the matters set forth herein. 28.2 Except as specifically otherwise provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its rights and agrees that the other shall not be required to meet and consult with respect to any subject or matter covered herein, nor as to wages or fringe benefits during the period of the term of this Memorandum. The foregoing shall not preclude the parties hereto from meeting and conferring at any time during the term of this Agreement with respect to any subject matter within the scope of the meeting and conferring for a proposed Memorandum of Understanding between the parties to be effective on or after 1 July 2015. Section 29. Separability of Provisions Should any provision of this Memorandum of Understanding be declared illegal by final judgment of a court of competent jurisdiction, such invalidation of such provisions shall not invalidate the remaining portions thereof, and such remaining portions shall remain in full force and effect for the duration of the Memorandum of Understanding. Section 30. Maintenance of Benefits All rights, privileges, and terms and conditions of employment in full force and effect through the duration of the previous Memorandum of Understanding and not in conflict herewith shall be part hereby and remain thereby until mutually modified by the parties hereto. Section 31. Prevailing Rights All matters within the scope of meeting and conferring that have previously been adopted through rules, regulations, ordinance, or resolutions that are not specifically superseded by this Memorandum of Understanding, shall remain in full force and effect throughout the term of this Agreement. Section 32. MISCELLANEOUS At the request of the Town, the parties agree to meet and confer on any modification of fringe benefits necessary to comply with the United States Internal Revenue Service's Section 125. 29 SIGNATURE PAGE TIBURON POLICE ASSOCIATION TOWN OF TIBURON Shane Ford, Pre§iderlit Greg,Chani T wn Manager Tiburon Police Association Tovoi of Tiburon Date: I _ Date: Approved as to Form By Benjamin L. Stock Town Attorney 30 • TOWN OF TIBURON Town Council Meeting August 15, 2018 1505 Tiburon Boulevard Tiburon,CA 94920 Agenda Item: Cit w STAFF PO . To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Recommendation to Approve Memorandum of Understanding Between the TO)yqof Tiburon and the Service Employees International Union (SEIU) 1 021 (July 1, 2018 —June 30, 202 1) Reviewed By: BACKGROUND The most recent Memorandum of Understanding (MOU) between the Town of Tiburon and the Service Employees International Union(SEIU) expired on June 30, 2018. Beginning in mid- March, the Town's negotiating team met with representatives of the SEIU to confer on the terms of a successor MOU. The Town and SEIU have tentatively agreed on a three-year contract which covers the terms and conditions of employment of Unit members from July 24, 2018 through June 30, 2021. ANALYSIS The Town's major focus when negotiating with the SEIU this year was to keep base pay consistent with the Town's administrative policy for setting salaries. The Town used Marin County local agency salary data to calculate average base salaries. The Town also desired to equalize benefits across all employee groups and increased the annual cafeteria allowance to include Delta Dental family premiums for SEIU members. Additionally,the new agreement introduces a cap of$1,200 per fiscal year on the amount an employee may seek to be reimbursed for eligible expenses under the tuition reimbursement program. The Town and SEIU also negotiated the terms of a revised Disciplinary Action Procedure that shifts authority from the Town Council to the Town Manager as the final approving body for disciplinary action and appeals. The terms and conditions that were tentatively agreed upon and incorporated into the exhibit Memorandum of Understanding are: Salary: July 24, 2018 3.0% increase for all SEIU members July 1, 2019 3.0% increase for all SEIU members July 1, 2020 3.0% increase for all SEIU members TOWN OF TIBURON PAGE 1 OF 2 Town.Council Meeting August 15,2015 FINANCIAL IMPACT FY 2018-19 Salary: $11,818 Dental: 8,784 FICA: 171 PERS: 901 Total $21,674 FY 2019-20 Salary: $12,172 Dental: 483 FICA: 176 PERS: 928 Total $13,759 FY 2020-21 Salary: $12,537 Dental: 0 FICA: 182 PERS: 956 Total $13,675 RECOMMENDATION Staff recommends that the Town Council: Approve the Memorandum of Understanding between the Town of Tiburon and the Service Employees International Union and authorize the Town Manager execute the Agreement Exhibits: Memorandum of Understanding between the Town of Tiburon and Service Employees International Union Prepared By: Suzanne Creekmore,Management Analyst 1 c)�\'-N c)r hI-Bl IRON Pl e (TT— TABLE OF CONTENTS Page Section1. RECOGNITION.............................................................................................1 Section 2. UNION REPRESENTED EMPLOYEE RIGHTS ...........................................2 Section 3. MANAGEMENT RIGHTS .............................................................................2 Section 4. NO DISCRIMINATION..................................................................................3 Section 5. SCOPE OF AGREEMENT............................................................................3 Section 6. EMPLOYEE REPRESENTATIVES ..............................................................3 Section 7. CAFETERIA BENEFITS PLAN ....................................................................4 Section 8. RETIREMENT PROGRAM...........................................................................5 Section9. HOLIDAYS ...................................................................................................6 Section10. SICK LEAVE ..............................................................................................7 Section11. LEAVE WITH PAY .....................................................................................8 Section 12. UNION UNPAID LEAVE.............................................................................9 Section13. VACATION .................................................................................................9 Section 14. HOLIDAY CLOSURE PROGRAM............................................................10 Section15. SALARY...................................................................................................10 Section16. OVERTIME ...............................................................................................11 Section 17. TUITION REIMBURSEMENT PROGRAM ...............................................12 Section 18. NOTICE TO EMPLOYEES .......................................................................12 Section 19. UNIFORMS FURNISHED AND MAINTAINED.........................................13 Section 20. HEALTH AND SAFETY............................................................................13 Section21. SENIORITY...............................................................................................13 Section 22. LAYOFF AND RE-EMPLOYMENT ..........................................................14 Section 23. DISCIPLINARY ACTION/SEPARATION FROM THE SERVICE .............14 Section 24. GRIEVANCE PROCEDURES ..................................................................18 Section 25. POSITION RECLASSIFICATION PROCEDURE.....................................20 Section 26. PERSONNEL FILES ................................................................................21 Section 27. FULL UNDERSTANDING MODIFICATION WAIVER..............................21 -i- MEMORANDUM OF UNDERSTANDING BETWEEN TOWN OF TIBURON and SERVICE EMPLOYEES INTERNATIONAL UNION, SEIU 1021 PREAMBLE This Memorandum of Understanding is entered into pursuant to the Meyers-Millias- Brown Act, by and between the Town Manager of the TOWN OF TIBURON "the Town" and the Service Employees International Union, SEIU 1021 "the Union" on the day of 2018. The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment of the represented employees of the Town of Tiburon and have exchanged freely information, opinions, and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and Employer-employee relations of such employees. The Memorandum of Understanding shall be presented to the Town Council as the joint recommendations of the undersigned for salaries, fringe benefits and working conditions of all represented employees of the Town of Tiburon. This Memorandum of Understanding and following agreements shall not become effective until approved by the Tiburon Town Council and SEIU 1021. Section 1. RECOGNITION 1.1 Union Representation: The employment classifications represented by the Union include: Maintenance Worker and Senior Maintenance Worker. 1.2 Dues Deduction: The Town shall, in a single payroll deduction made bi-monthly, deduct the amount of Union Dues or fees as specified by the Union and authorized by each affected employee in accordance with rules and regulations to implement the Employer-Employee Relations Resolution. Said deductions are to be made without fee charged to the Union. The Union agrees to hold the Town harmless from any liability arising from such deduction. 1.3 COPE Deduction: The Town agrees to the establishment of a payroll deduction program for voluntary unit member contributions to the Committee on Political Education (C.O.P.E.). -1- Section 2. UNION REPRESENTED EMPLOYEE RIGHTS 2.1 The Union's right to represent its members before the Town Council or advisory boards or commissions or the Town Manager or his/her designee with regard to wages, hours, and working conditions or other matters within the scope of representation. 2.2 The right to be given reasonable written notice of any proposed ordinance, rule, resolution, or regulation, or amendment hereto, relating to matters within the scope of representation. 2.3 Reasonable access to employee work locations for officers of the Union and the officially designated representatives for the purpose of processing grievances or contacting members of the Union concerning business within the scope of representation. Access shall be restricted so as not to interfere with the normal operations of the Town or established safety or security requirements. 2.4 Employees represented by the Union shall be free to participate in Union activities without interference, intimidation, or discrimination, in accordance with State law and Town Policies, rules, and regulations. Section 3. MANAGEMENT RIGHTS The rights of the Town include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; train and direct its employees: take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which governmental operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; exercise complete control and discretion over its organization and the technology of performing its work; and to make rules and regulations for its employees consistent with this Memorandum of Understanding. The Town maintains the right to use qualified volunteers or reserves in the Town service, provided such use does not adversely affect wages, hours, and other terms and conditions of employment. Use of said individuals shall be in accordance with State law and regulations. Nothing contained within this Article is intended to, in any way, supersede or infringe upon the rights of the recognized employee organization as provided under State and Federal law, including, but not limited to, California State Government Code Sections 3500 through 3510, inclusive. -2- Section 4. NO DISCRIMINATION 4.1 Employment by the Town shall be based upon merit, qualifications and ability. There will be no unlawful discrimination in hiring, promotion, advancement, termination or any other personnel action based on an individual's race, religion, color, national origin, ancestry, physical or mental disability, medical condition, marital status, veteran's status, sexual orientation, age or sex. There shall be no discrimination against any disabled individual solely based on such disability, unless that disability prevents the individual from meeting the minimum standards established for the employment position the applicant seeks. 4.2 No member, official, or representative of the Union shall, in any way, suffer any type of discrimination in connection with continued employment, promotion, or otherwise by virtue of membership in or representation of Union. Section 5. SCOPE OF AGREEMENT 5.1 Term: This Agreement shall be in effect from July 24, 2018, through June 30, 2021. 5.2 Procedure for Meet and Confer: The Town, through its representatives, shall meet and confer in good faith with representatives of the Union regarding matters within the scope of representation. These matters include employee wages, hours, and other terms and conditions of employment, in accordance with the provisions of the Meyers-Milias-Brown Act. The parties agree to provide notification of their intent to begin negotiations for a successor Agreement no later than March 31, 2021. The parties may modify this date by mutual agreement. Nothing in this section is intended to change, modify, or restrict the parties' legal rights or obligations. Section 6. EMPLOYEE REPRESENTATIVES 6.1 The Union may by written notice to the Town Manager, designate a member of the unit as an Employee Representative. The Employee Representative shall be permitted reasonable time during regular work hours for Union activities. Total employee time shall not exceed the equivalent of one hour per week, or a total of fifty-two (52) hours during the fiscal year. The Employee Representative shall secure permission from his/her Supervisor before leaving a work assignment for pertinent Union responsibilities. Such permission shall not be unreasonably withheld. 6.2 Employee Representatives may investigate and process formal grievances by employees. 6.3 The Union may request that the Town meet and develop a format for Management-Labor meetings and a Memorandum of Understanding orientation meeting. -3- Section 7. CAFETERIA BENEFITS PLAN The Town agrees to pay the cost of group dental, life, long term disability, medical and hospital insurance program coverage in amount equal to the Kaiser 2-party and the Delta Dental family rate in effect on January 1 of each year. If the full sum specified is not used for the group insurance cost of a given employee, then that amount, not to exceed $400 per month, shall be deposited into the Town's Deferred Compensation Plan in the employee's name. Any part- time employee shall receive a prorated amount of this monthly allowance based on their full-time equivalence. 7.1 Medical/Hospital Insurance: The Town of Tiburon offers its employees and their dependents medical/hospital insurance coverage. A full-time employee may choose from the plans offered through the Public Employees Retirement System Health Benefits Division for medical/hospital insurance coverage. If the full sum specified is exceeded for group insurance cost of a given employee and dependents, then that employee shall pay the balance of the monthly cost via payroll deduction. Such insurance is mandatory for all full-time employees unless they can demonstrate compliance with other coverage. 7.2 Dental Insurance: The Town of Tiburon offers its full-time employees and their dependents the Delta Dental plan. Such insurance is mandatory for all full-time employees and their dependents, unless they can demonstrate compliance with other coverage. 7.3 Life Insurance: The Town of Tiburon offers its full-time employees a $15,000 life insurance policy. Such insurance is mandatory for all full-time employees. 7.4 Disability Insurance: The Town of Tiburon offers its full-time employees long term disability insurance. Such insurance is optional. The current maximum monthly benefit is $4,000. The Town is agreeable to meet with members of the bargaining unit to determine if they would like to increase this maximum monthly benefit. Any premium increase would be borne by the employee through the cafeteria benefit plan. 7.5 Vision Care Insurance: The Town is willing to explore and provide a vision care insurance program in which participation is strictly voluntary for any employee. If the Town is unable to find an insurance provider that will insure based on the plan being voluntary, then such insurance shall not be made available to employees of the Town. 7.6 IRS 125 Plan: The Town of Tiburon offers its employees the ability to participate in its IRS 125 Plan. Participation is optional. 7.7 FMLA & ADA: FMLA FMLA shall be administered pursuant to applicable federal and state law. -4- ADA ADA shall be administered pursuant to applicable federal and state law. 7.8 Change in Employee Benefits Plans: From time to time, at its option, the Town intends to evaluate the hospital-medical, dental, life, and long-term disability insurance plans currently available to employees to determine if similar or better coverage may be available at a lower cost to the Town. The Town may substitute new insurance carriers or arrange for self-insurance provided that the overall coverage is equal to or superior to the present coverage and provided that the Town meets with the Union to confer on any new plan before it is implemented. Section 8. RETIREMENT PROGRAM 8.1 Scope of Benefits: "Classic" Members For employees hired prior to July 1, 2013, the Town of Tiburon provides the two percent (2%) @ Age 55 CalPERS retirement formula for full-time personnel covered under this Memorandum of Understanding. Effective July 1, 2011, each member covered under the 2% @ 55 coverage group shall pay their 7% normal member contribution. This employee contribution will be made pursuant to Internal Revenue Code (IRC) 414(h)(2), which allows the contribution to be made on a pre-tax basis. Effective July 1, 2015 each employee covered under the 2% @ 55 coverage group shall pay 1% of the Employer's Share of retirement contributions. This employee contribution will be made pursuant to Internal Revenue Code (IRC) 414(h)(2), which allows the contribution to be made on a pre-tax basis. The Town provides the single highest year retirement calculation for full-time employees hired prior to July 1, 2013. The Town provides the following additional CalPERS benefit to employees covered under this Memorandum of Understanding. 1. Death Benefits - $600 2. Unused Sick Leave Service Credit 3. 19594 th Level Survivors Benefits "New" Members Employees classified as "new" under PEPRA will be covered by the CalPERS 2% at 62 plan. Employees shall pay at least fifty percent (50%) of the normal Cost of their Plan as calculated annually by CalPERS -5- The Town provides the following additional Ca1PERS benefit to employees covered under this Memorandum of Understanding. 1. Death Benefits - $600 2. Unused Sick Leave Service Credit 3. 19594 th Level Survivors Benefits 8.2 Paid Medical at Retirement: For employees hired prior to July 1, 2011, the Town of Tiburon will make contributions toward a retired employee's medical insurance plan based on the following conditions: 1. The employee must retire directly from employment from the Town of Tiburon and apply to CalPERS for retirement benefits. 2. The retiree's medical allowance is fixed and capped at the Kaiser employee only rate which is in effect at the time of the employee's retirement. 3. The Town's contribution rate is based on the following formula: a. Fifty percent (50%) of the Kaiser employee rate at ten (15) years of consecutive service. b. Seventy five percent (75%) of the Kaiser employee rate at fifteen (20) years of consecutive service. c. One hundred percent (100%) of the Kaiser employee rate at twenty-five (25) years of service. Employees hired after July 1, 2011 shall not be eligible for this benefit. Section 9. HOLIDAYS In accordance with Government Code and the Town Personnel Rules and Regulations, the following holidays shall be observed by the Town: HOLIDAY DATE OBSERVED Independence Day July 4 Labor Day 1St Monday in September Veteran's Day November 11 Thanksgiving 4t" Thursday in November Day After Thanksgiving 4t" Friday of November Christmas Eve December 24 Christmas December 25 New Year's Eve December 31 New Year's Day January 1 Martin Luther King Day 3rd Monday in January President's Day 3rd Monday in February Memorial Day Last Monday of May -6- Section 10. SICK LEAVE 10.1 Use of Sick Leave: Sick leave maybe taken in one-half hour increments for absences from duty made necessary by: 1. Personal illness, caused by factors which are not within the employee's immediate control. 2. Injury not incurred in line of duty, except where traceable to employment other than the Town. 3. Medical, dental or eye examination or treatment for which appointment cannot be made outside of working hours. 4. Death of a close relative, or any member of the employee's household, where such leave is approved by the Department Head. 5. Hospitalization of a close relative, or any member of the employee's household, where such leave is approved by the Department Head. 6. Care of a close relative, or any member of the employee's household who is ill or injured, though not hospitalized, where such leave is approved by the Department Head. 10.2 Sick Leave Accumulation: Sick leave with pay shall be granted to all full-time employees except as hereinafter provided. An employee shall accumulate one (1) sick leave day per month from date of hire until terminated, or on leave without pay. There is no cap on the amount of sick leave that may be accumulated. Employees who are absent without pay for any reason more than ten (10) working days during a calendar month, shall not accumulate sick leave for that month. 10.3 Holidays During Sick Leave: Holidays and regular days off occurring while an employee is on sick or special leave shall not be charged against such employee's sick leave credits. 10.4 Payment for Unused Sick Leave: Employees of this Unit hired before July 1, 2011, may receive payment of 50% of the value of their unused sick leave up to a maximum of 60 days if the following conditions are met: 1. The employee files for service retirement from the Town, and 2. The employee voluntarily separates from the Town and has at least fifteen (15) years of service with the Town. -7- Effective July 1, 2011, the cash value of this benefit will be determined based on each employee's hourly rate and number of eligible hours for cash-out purposes (50% of sick leave balance, up to 60 days or 480 hours). This value will be documented and the value capped. This value cannot grow through additional accrued sick leave or though increases in hourly pay rate. Employees with 15 years or more service with the Town may request a cash-out of 60% of the eligible hours (early cash-out option). Should an employee request the early cash-out of 60% of the eligible sick leave hours, they will not be entitled to any further sick leave cash-out upon retirement or separation of employment with the Town. Those hours cashed out will be deducted from the employees sick leave balance. If an employee is not eligible for, or elects not to take, the early cash- out option, they shall be paid the frozen dollar value upon separation of employment with the Town. The only way the frozen dollar amount can be lowered is if an employee has less accrued sick leave hours upon separation of employment than they do on July 1, 2011. For tax planning purposes, should an employee desire to take the early cash out option, they will be allowed to take this payment in either 2011 or in January 2012. For the purpose of providing examples of this section, attached to this MOU is Exhibit "A". Employees of this Unit hired after July 1, 2011 shall not be eligible for payment of unused sick leave. 10.5 Termination of Sick Leave: Sick leave shall automatically terminate on the date of retirement or on the date upon which an ordinary disability allowance under the retirement system becomes effective. 10.6 Sick Leave Notification and Proof of Illness: In order to receive compensation while on sick leave, the employee shall notify his/her immediate superior, prior to or at the time set for beginning his/her daily duties or as may be specified by the Department Head, of the reasons for requiring such. Failure to notify the immediate supervisor may be grounds for denial of such leave with pay. 10.7 Proof of Illness: In any request for sick leave with pay for three (3) or more calendar days, the Department Head may require a statement in writing signed by a licensed physician, or the submission of other sustaining evidence that the employee is incapacitated and unable to perform his/her duties. The Town has the right to determine by reasonable means the validity of any sick leave used by any employee at the time. Section 11. LEAVE WITH PAY The following conditions provide for leave with pay: 11.1 Military Service: Military leave shall be granted in accordance with State and Federal law. 11.2 Jury Duty: All employees occupying authorized regular positions shall be allowed paid leave for jury duty upon presentation of jury notice to the Department Head -8- or Town Manager. The employee shall receive full pay for the time served on the jury. Monies received from the courts by the employee for jury duty will be deposited with the Town, with the exception of mileage reimbursement. 11.3 Vacation Leave: All regular employees occupying a position shown in the Annual Salary Program shall become eligible for vacation leave with pay as shown in Section 12 below. Section 12. UNION UNPAID LEAVE 12.1 Union Unpaid Leave: There will be an annual pool of 24 unpaid hours for Union Training. This pool can be requested using the same method as vacation. No more than one employee can utilize this leave at one time. The employee will not suffer any change in benefits during the use of Union Leave. Section 13. VACATION 13.1 Vacation Leave Accrual: Vacation leave with pay shall be credited to all employees at the following rates: 1. First five years service - 1 day per month, or 12 working days per year. 2. Second five years service - 1-1/2 days per month, or 18 working days per year. 3. Third five years service - 1-2/3 days per month or 20 working days per year. 4. 20 Years service or more - 1-3/4 days per month or 21 days per year The yearly vacation leave shall be pro-rated and credited to each employee's account monthly. 13.2 Pavment for Unused_Vacation Time: When an employee terminates, fractional periods of vacation shall be calculated and credited to the employee's account. Compensation will be at the employee's daily rate of pay. 13.3 Vacation Leave Accumulation: Vacation leave for employees with less than five (5) years service may accumulate up to twenty (20) days and employees with more than five (5) years service may accumulate up to thirty (30) days. Employees who are on leave or suspension without pay for more than ten (10) working days in any calendar month shall not accumulate vacation leave for that month. 13.4 Sickness During Vacation Leave: Sickness occurring during vacation leave, upon doctor's certification, will be considered sick leave and will not be charged against the employee's vacation leave. -9- 13.5 Vacation Leave Scheduling: Requests for vacation leave shall be submitted in advance by the employee in writing to the Department Head, who shall approve the time employees may take their vacation. 13.6 Employees represented by the Union may use either vacation leave or leave without pay for the purpose of attending Union training. Adequate notice of such leave must be provided to the employee's supervisor. Section 14. HOLIDAY CLOSURE PROGRAM Each year, by August 1st, the Town Manager or his/her designee shall notify the Union as to whether employees of the Town shall be allowed to participate in a Holiday Closure Program between the Christmas Eve and New Year's Day holiday observances. The exact terms of the Holiday Closure Program will also be disclosed at that time. The Union will notify the Town Manager by October 10th of its desire to participate in any potential program. Section 15. SALARY Effective July 24, 2018: Base wages for represented unit members covered by this Agreement shall be increased by 3.0% as follows: POSITION Step A Step B Step C Step D Step E Maintenance Worker 4,663 4,896 5,141 5,398 5,668 Senior Maintenance Worker 5,355 5,623 5,904 6,200 6,510 Effective July 1, 2019: Base wages for represented unit members covered by this Agreement shall be increased by an additional 3.0% as follows: POSITION Step A Step B Step C Step D Step E Maintenance Worker 4,803 5,043 5,295 5,560 5,838 Senior Maintenance Worker 5,516 5,792 6,082 6,386 6,705 Effective July 1, 2020: Base wages for represented unit members covered by this agreement shall be increased by an additional 3.0% as follows: POSITION Step A Step B Step C Step D Step E Maintenance Worker 4,947 5,194 5,454 5,727 6,013 Senior Maintenance Worker 5,682 5,966 6,264 6,577 6,906 15.1 Advancement of Salary: The following criteria shall apply to advancement within salary ranges of individual employees who are on a step plan: 1. Step A shall be the minimum hiring rate. -10- 2. Step B: Employees shall be eligible for advancement to Step B, or the next highest step upon completion of twelve (12) months employment. 3. Additional Steps: Employees shall be eligible for advancement to the next step upon completion of one (1) year at the previous step. The Department Head is responsible for determining that there has been satisfactory growth in the service value of the employee, and final approval is determined by the Town Manager. The Town Manager may increase an employee's salary range on the basis of merit within the range set forth. The Town Manager may also designate the salary rate or step at which an employee is appointed. 15.2 Salary Upon Promotion: When an employee is promoted to a position in a classification with a higher salary range, he/she shall be placed at the next highest paid step in the salary range for the position in the higher classification. Section 16. OVERTIME 16.1 Definition: Authorized time worked in excess of forty (40) hours in one (1) week as defined by the Town and consistent with FLSA shall constitute overtime. Time paid for but not worked such as paid sick leave and paid holidays shall be included in the computation of said forty (40) hour workweek. 16.2 Policy: It is the policy of the Town to keep overtime at a minimum consistent with the efficient operation of the Town. Overtime must be authorized in advance by the Department Head and must be in compliance with the overtime policy as set forth in the Town's Personnel Rules and Regulations. 16.3 Overtime Pay: Overtime shall be paid at the rate of pay of time and one-half (1- 1/2) the base hourly salary. 16.4 Compensatory Time: Each employee may elect to convert ten (10) overtime hours per year to compensating time off. The maximum compensation time hours credited to the employee shall not exceed thirty-five (35) hours at any time. The use of these hours shall be by mutual agreement of the employee and the Employer. 16.5 Call-back Pav: Any employee called back to work at a time other than the employee's regular work shift or called back to work for emergency purposes shall be guaranteed 2 hours pay at the rate of time and one-half, or may opt to take equivalent compensatory time off. Under this subsection, this minimum time payment does not apply to work that is contiguous to regularly scheduled work. 16.6 Stand-by Pay: The following guidelines will be applicable to the winter on-call status of employees: -11- 1. Winter "on-call" assignments may be required between the dates of October 1 st and March 31 st of each year. 2. There may be up to two employees on "on-call" status during the winter months. 3. On call assignments shall be on a rotating basis for a period of one-month. The Director of Public Works or his/her designee shall make every attempt to have the "on call" schedule posted no later than September 15th of each year. 4. "On call" rotations may be by sign up or assigned, at the discretion of the Public Works Director or his/her designee. 5. While an employee is on "on call" status, he/she shall be required to be available by telephone or cell phone 24/7 and able to respond to the Public Works building within one hour if directed. 6. Employees shall not be impaired from being able to respond to work while being "on call" status. 7. Employees shall be compensated at the rate of $300 per month during the period assigned to "on call" status. This payment shall be made at the completion of the period of"on call" status. Should the employee fail to complete the entire period the pay shall be prorated for the period completed. 8. If an employee is called into work outside of normal work hours, they shall be compensated at their overtime rate, either in pay or in compensatory time off. Employees called into work shall be compensated a minimum of two hours overtime. 9. Employees not completing their "on call" assignment for reasons other than illness, injury, or approved leave could be subject to progressive discipline. Section 17. TUITION REIMBURSEMENT PROGRAM 17.1 Each full-time employee represented by this Memorandum of Understanding, a tuition reimbursement program shall be offered. The Town will reimburse costs up to $1,200 annually for the equivalent to the cost of tuition, books and fees at California State University rates. To qualify for reimbursement, employees must submit certified transcripts with evidence of a grade of"C" or better from an accredited college or university and submit bona fide receipts. Employees are not eligible for reimbursement of tuition for coursework that commenced while on probationary status or prior to employment with the Town. Section 18. NOTICE TO EMPLOYEES 18.1 Employees shall receive ten (10) working days notice whenever the Town makes a change in the work schedules. -12- Section 19. UNIFORMS FURNISHED AND MAINTAINED 19.1 The Town will supply and launder an adequate supply of uniforms for those employees required to wear them. 19.2 The Town will supply adequate rainwear and rain boots for those employees required to wear them in the line of duty. 19.3 The Town will pay up to Two hundred Dollars ($200.00) per fiscal year for work boots for those employees required to wear them in the line of duty. Replacement shall be on an as-needed basis, as determined by the Town, but replacement shall not be unreasonably withheld. 19.4 The Town will reimburse maintenance workers for the cost of safety lenses to their prescription glasses. 19.5 The Town requires that uniformed (Public Works) employees wear Town provided uniforms, including pants, shirts, hats, belts and shoes or boots. Section 20. HEALTH AND SAFETY 20.1 Safety equipment is supplied by the Town to its personnel. All employees shall possess and have immediately available for their use those items of safety equipment, issued and which are described by Town Regulations. Furthermore, the Town agrees to provide and maintain a safe and healthy work environment. Section 21. SENIORITY 21.1 Department Seniority: 1. Employees shall be placed on the Town seniority list in accordance with their most recent date of hire. 2. When two (2) or more employees are assigned to the payroll on the same date, seniority shall be given in accordance with their relative standing on the respective eligibility list. 21.2 Classification of Seniority: 1. Employees shall be placed on a classification seniority list in accordance with their most recent date of appointment to the specific classification. 2. When two (2) or more employees are appointed or promoted to the same classification on the same date, seniority shall be based upon their relative standing on the respective eligibility list. -13- Section 22. LAYOFF AND RE-EMPLOYMENT 22.1 Notice of Layoff: The Town Manager shall give at least three (3) weeks' advanced written notice to employees to be laid off. Such notice shall also be furnished to the Union. 22.2 Order of Layoff: Layoffs shall be determined by job classification in reverse order of seniority, as determined by the length of continuous service with the Town in full-time, non-probationary status. Layoffs and leaves of absence without pay shall be bridged in computing the employee's length of continuous service. 22.3 Bumping Rights: An employee who has achieved full-time, non-probationary status at the time of layoff may displace the least senior employee in the lower classification, provided that the employee to be laid off has greater seniority than the least senior employee in the lower classification and further provided that the employee to be laid off had previously held permanent status in that lower classification. 22.4 Re-employment: An employee who has achieved full-time, non-probationary status at the time of layoff shall have his/her name placed on a re-employment list, which shall be maintained for a minimum of twenty-four (24) months from the time of layoff. Former employees on the re-employment list shall be called first by seniority to fill openings in the classification from which the employees were laid off before other candidates are hired to fill those openings. Employees bumped as a result of a layoff shall be allowed to return to openings in the position from which they were bumped by seniority at the salary for the position to which the employee returns. Employees restored to previously held positions shall be deemed to have returned from a leave of absence for the purpose of all rights and benefits legally permissible. Section 23. DISCIPLINARY ACTION/SEPARATION FROM THE SERVICE 23.1 For purposes of these Rules, the following positions are considered "department heads": Director of Administrative Services, Director of Community Development, Director of Public Works/Town Engineer, and the Chief of Police. 23.2 Types of Disciplinary Actions. The following are types of actions that may be utilized by the department heads in disciplining employees. 1. Oral Reprimand: A formal discussion with an employee about performance or conduct problems. This action preferably is summarized in a memo to the employee outlining the nature of the discussion. An oral reprimand is not subject to the appeal process described below. 2. Written Reprimand: A written document presented to an employee regarding performance or conduct problems. A copy must be provided to the employee with a copy being placed in the employee's personnel file. A written reprimand is not subject to the appeal process described below. -14- 3. Disciplinary Suspension: An involuntary absence without pay for a fixed period of time. 4. Reduction in Pay: The temporary or permanent reduction in pay of an employee. The department head may, within the minimum and maximum of the salary range for the position, decrease the salary level of an employee whose ability to perform the required duties of his or her position falls below standard, as determined by the department head, or for disciplinary purposes. 5. Demotion: Demotion to a lower classification. The department head may demote an employee whose ability to perform required duties of his or her position falls below standard, as determined by the department head, or for disciplinary purposes. No employee shall be demoted to a position for which he or she does not possess the minimum qualifications. 6. Termination: Discharge from the Town service. An employee in the competitive service may be discharged for cause at any time by the department head. Pending investigation of and imposition of a disciplinary matter, the department head may place an employee on paid administrative leave. The Town is not required to take disciplinary actions in sequential or progressive order. The level of the disciplinary action taken shall be commensurate with the offense, provided that the prior employment and disciplinary history of the employee may also be considered pertinent. 23.3 Causes for Discipline. Disciplinary action may be taken for causes listed in Section 19572 of the Government Code or for any of the following: 1. Unauthorized absence; 2. Being under a controlled substance while on duty; 3. Neglect of duty; 4. Negligence or willful damage to public property or waste of public supplies or equipment; 5. Violation of any lawful regulation or order made and given by a line supervisor; 6. Willful violation of the provisions of the Ordinance of the Town, these rules, or other promulgated by the Town Manager as Administrative Orders; 23.4 Notice of Intent. The following procedure shall be adhered to for non-emergency suspensions, demotions, reductions in pay, and terminations: -15- 1. The department head shall issue to the affected employee a written Notice of Intent of the proposed disciplinary action. The notice shall be delivered to the affected employee personally or sent to the employee by either overnight mail and/or certified or registered mail, return receipt requested, at the employee's last known address. 2. The Notice of Intent will include the following: a. A statement that clearly defines the intent to take action, the proposed action to be taken, and the proposed effective beginning and ending time of intended action; b. A statement of the specific grounds and particular facts upon which the proposed disciplinary action will be taken; c. A copy of all written materials, reports, or documents upon which the intended action is based; d. A statement that the employee will be afforded the right to respond to the Notice of Intent, either verbally or in writing, or both, within ten (10) working days upon receipt of the intended disciplinary action; and e. The employee's signature on the Notice of Intent will acknowledge receipt of said notice by the employee. If the employee refuses to sign, it will be noted as such on the Notice of Intent. The signature documentation on the Notice of Intent will acknowledge that the employee received the Notice of Intent. 3. Employee Response to Notice of Intent. Within ten (10) working days after the employee has been served with the Notice of Intent, the employee will have the right to respond, verbally or in writing, or both, to the department head concerning the proposed disciplinary action. If, within the ten (10) day response period, the employee does not provide a written or verbal response, the proposed action of the Town will take effect as set forth in the Notice of Intent. 4. Notice of Final Discipline. After considering the employee's timely response, the department head shall issue and deliver to the employee a Notice of Final Discipline, which shall be a written statement of the decision to uphold, modify, or reject the proposed Disciplinary Action. Such action may not include discipline more severe than that described in the Notice of Intent. 23.5 Appeal of Disciplinary Action. 1. Disciplinary Actions Subject to Appeal. A regular employee may, within ten (10) calendar days after the effective date of a suspension, demotion, reduction in pay, or termination, file a written appeal with the Director of Administrative Services. -16- 2. Failure to Request Disciplinary Appeal Hearing. If the employee fails to request a disciplinary appeal hearing within the prescribed time and manner, the employee shall have waived the right to a hearing and all rights to further appeal of the disciplinary action. 3. Hearing Officer. For any appeal of discipline, the Town and employee or Union shall obtain a strike list of seven names from the Public Employee Relations Board (PERB). The Town and the employee/ Union shall then mutually select the Hearing Officer by striking names from the list in alternating turns. Fees for the hearing officer will be borne by the Town unless the employee is represented by a Union in the appeal, in which case the costs will be split evenly between the Town and the Union. After the Town has issued the Final Notice of Discipline, any delay by the employee or Union in selecting a hearing officer or setting a hearing date, in excess of thirty (30) days, shall result in the employee forfeiting his or her right to an appeal, and the discipline shall become final. 4. Representation at Disciplinary Appeal Hearing. At the disciplinary appeal hearing, the employee may be represented by counsel or other representative. The employee may not be represented by a person who will be called as a witness. 6. Production of Witnesses and Documents. The Hearing Officer shall have the authority to compel the attendance of witnesses, and to require the production of documents. The Hearing Officer shall also have the authority to require the identification of witnesses, documents, and other evidence in advance of the disciplinary appeal hearing. 6. Conduct of Disciplinary Appeal Hearing. The proceedings before the Hearing Officer shall be conducted as follows: a. The Town shall have the burden of proof, and the burden shall be by the preponderance of the evidence. b. The hearing need not be conducted in accordance with the technical rules relating to evidence and witnesses, but shall be conducted in a manner most conducive to the determination of the truth. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper admission of such evidence over objection in a court of law. Decisions made by the Hearing Officer shall not be invalidated by any informality in the proceedings. -17- c. The Hearing Officer shall determine the relevancy, weight, and credibility of testimony and evidence. d. Irrelevant evidence and unduly repetitious evidence shall be excluded. e. The Hearing Officer shall have the authority to exclude any witnesses and other persons not necessary to the proceedings. f. The Hearing Officer shall not engage in ex parte communications with the parties. 7. Hearing Officer's Decision. a. The Hearing Officer shall issue an advisory, written decision containing findings of fact and conclusions of law. The Hearing Officer shall recommend that the Town affirm, revoke, or reduce the disciplinary action imposed against the employee. The Hearing Officer may not recommend discipline more stringent than that imposed by the department head. The Hearing Officer shall not have the authority to render a binding decision that requires the Town to expend additional funds, to hire additional personnel, to buy additional equipment or supplies, or to pay wages or benefits not specifically provided for in the Personnel Rules or any resolutions, ordinances, or policies adopted by the Town. The Hearing Officer shall not have the authority to require the Town to perform any other action that would violate state or federal laws. The Hearing Officer's decision shall be advisory to the Town Manager. The Town Manager shall, within 30 working days from after the date of receipt of the Hearing Officer's decision, issue a final written decision that shall affirm, revoke, or revise the Hearing Officer's recommendation. The Town Manager's decision constitutes a final resolution of any disciplinary action and no further appeal shall be permitted within the Town's administrative process. A copy of the Town Manager's decision shall be provided to the charged employee, and may be placed in the employee's personnel file. b. Extension of Time. Any time limits specified in this procedure may be altered by mutual, written agreement. Section 24. GRIEVANCE PROCEDURES 24.1 Definition: A grievance shall be defined as any claimed violation, misinterpretation, inequitable application or non-compliance with provisions of a collective bargaining agreement, or resolutions, rules, regulations, or existing practices affecting the status or working conditions of Town employees. -18- 24.2 Right to File and Representation: A grievance may be filed by an employee on the employee's own behalf, or jointly by any group of employees, or by an employee organization. An aggrieved employee may be represented by any person or organization of the employee's choice at any stage of the proceedings. A representative of an organization certified to represent a majority of employees in the representation unit, in which the aggrieved employee is included, is entitled to be present at all meetings, conferences and hearings. The Town shall act as a central repository for all grievance records. Any time limit may be extended only by mutual agreement of the parties in writing. 24.3 Informal Grievance Procedure: Within five (5) working days of the event precipitating the grievance, the grievant shall present the grievance informally for the disposition by the employee's immediate supervisor, or at any appropriate level of authority. Presentation of an informal grievance shall be prerequisite to the instituting of a formal grievance. 24.4 Formal Grievance Procedure: If the grievant believes that the grievance has not been redressed through the informal grievance procedure within five (5) working days from the date the grievant informally presented the event precipitation the grievance to his/her immediate supervisor, he/she may initiate a formal grievance within five (5) working days thereafter. A formal grievance can only be initiated by completing and filing a memorandum with the Department Head. The memo shall contain: 1. Name(s) of grievant 2. Official Job Title(s) and Classification(s) 3. Department(s) 4. Home Nailing Address(es) 5. A clear statement of the nature of the grievance (citing applicable ordinances, rules or regulations, or contract language) 6. The date upon which the event precipitating the grievance occurred 7. A proposed solution to the grievance 8. The date of execution of the grievance form 9. The signature of the grievant(s) 10.The name of the organization or individual, if any, followed by the signature of the representative. Step 1 —Within ten (10) working days after a formal grievance is filed, the Department Head shall investigate the grievance and confer with the grievant in an attempt to resolve the grievance and make a decision in writing. -19- Step 2 — (a) If the grievance is not resolved to the satisfaction of the grievant in Step 1, he/she may, within not more than five (5) working days from his/her receipt of the Department Head's decision, request consideration of the grievance of the Town Manager by notifying the Town Manager. (b) Within ten (10) working days after such notification, the Town Manager shall investigate the grievance, confer with the employee affected and their representatives to the extent the Town Manager deems necessary, and render a decision in writing to the grievant. If the decision does not resolve the grievance to the satisfaction of the grievant, the grievant may proceed to Step 3. Step 3 — If the grievance is not resolved in Step 1 or Step 2, a final appeal may be filed, in writing, with the Town Council, not more than five (5) working days from the employee's receipt of the Town Manager's decision. The Town Council shall, within thirty (30) days of receiving the grievance, hear and decide upon the grievance. The Town Council's decision is final and binding in all respects. No employee shall, as a direct or proximate result of such grievance, suffer dismissal from the service of the Town, transfer, demotion, reduction in salary, or other disciplinary action. Section 25. POSITION RECLASSIFICATION PROCEDURE The Town of Tiburon seeks to maintain a classification system and process whereby all positions are accurately classified on the basis of current and ongoing job responsibilities officially assigned to said position(s). 25.1 Reclassification Procedure: The Appointing Authority or their designee or an incumbent of a position or the Union on behalf of an employee may request, in writing, a classification review. This classification review may be requested if the position has not been reviewing with the previous twelve (12) months and either permanent and substantial changes have been made in the duties and responsibilities assigned to the position or there is evidence that the majority (50% or more) of the work being performed in not appropriate for the position's current classification. 1. All requests for reclassification must be submitted to the Personnel Officer in writing. 2. Employee initiated reclassification request must first be directed to the employee's appointing authority. The appoint authority shall forward the employee's request to the Personnel Officer within ten (10) days of receipt. 3. The Personnel Officer shall ensure the review (audit) of the employee's position is completed within sixty (60) calendar days of receipt of the request in his/her office. 4. Based upon the analysis and evaluation of a position, the Personnel Officer may recommend that the position be sustained in its current class or be -20- reclassified (up or down) to the proper classification based upon the assigned work. The Town Manager or his/her designee shall review all reclassification recommendations made by the Personnel Officer. 5. Within ten (10) days of receipt of the written audit decision the affected employee(s) may, in writing, submit a request for review of this decision to the Town Manager. This request for review must show substantial error and/or omission on the part of the Personnel Officer. The Town Manager may render a decision on the appeal on the basis of the written material or may interview the involved parties to discuss the specific error omission prior to rendering a decision. 6. The Town Manager shall have final decision-making authority on all reclassifications. 7. Reclassifications shall become effective the first of the month following final approval of the action. Any changes of pay as a result of the reallocation shall be in accordance with the Town's Personnel Rules and Regulations in effect at the time. Section 26. PERSONNEL FILES An employee or employee's representative, on presentation of written authorization from the employee, shall have access to the employee's personnel file. The Town shall furnish copies of all performance evaluation reports and letters of reprimand or warning to the employee prior to placement of such documents into the employee's personnel file. The employee shall be required to acknowledge the receipt of any document entered into the employee's personnel file without prejudice to subsequent arguments concerning the contents of such documents. Section 27. FULL UNDERSTANDING MODIFICATION WAIVER 27.1 The parties jointly represent to the Town Council that this Memorandum of Understanding sets forth the full and entire understanding of the parties regarding the matters set forth herein. 27.2 Except as specifically otherwise provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its rights and agrees that the other shall not be required to meet and confer with respect to any subject or matter covered herein, nor as to wages or fringe benefits during the period of the term of this Memorandum. The foregoing shall not preclude the parties hereto from meeting and conferring at any time during the period of this Agreement with respect to any subject matter within the scope of the meeting and conferring for a proposed Memorandum of Understanding between the parties to be effective on or after November 2, 2005. -21- SI �ATURE PAGE SEIU, LOCAL 1021 P to Velles,I own of Tiburon DATE Steward Representative, SEIU 1021 Michael Vanderbilt, Town of Tiburon DATE � #eward Representative, SEIU 1021 Irl Pau Pfeilschiefter, Chief Negotiator DATE SEIU-Lo al 1021 sb/�D/g iq,KiriateWd-Me ez, Executive Director DTE S ''Local 1021 i Jason Klumb, Area Director DATE SEIU Local 1021 TOWN OF TIBURON Greg Chanis, Town Manager DATE Town of Tiburon Suzanne Creekmore, Management Analyst DATE Town of Tiburon APPROVED AS TO FORM: Benjamin L. Stock DATE Town Attorney Town of Tiburon -22- DOCSNnS E R 1021\144956\981337.v 1-817/18 Tovvn Council Nleetincy TOWN OF TIBURON I'D E t f 1505 Tiburon Boulevard August.15, 2018 Tiburon, CA 94920Agenda ltem: Al �. f C REPORT, To: Mayor and Members of the Town Council From: Office of the Town Clerk Subject: Appointments to Fill Vacancies on Town Boards, Commissions and Comp ittees: Heritage & Arts Commission Reviewed By: BACKGROUND There are currently two vacancies on the Heritage & Arts Commission. On February 28, 20187 Vince de Quattro's term expired on the Commission and he did not seek reappointment. The Town has been seeking applicants to fill his seat since that time. The person appointed to this seat will serve until 2022. On July 18, 2018, Lily Smith resigned from the Commission. This special vacancy was formally announced at a Town Council meeting on August 1, and the Town will continue to seek applications until the August 24 deadline. This application period is still open, and the Council will consider this appointment at a later date. On July 31, Jaleh Etemad submitted her application to serve on the Heritage & Arts Commission. Ms. Etemad was interviewed by the Council tonight, on August 15, 2018. No other applications have been received. It is recommended that the Council consider appointing Ms. Etemad to the seat vacated by Vince de Quattro. RECOMMENDATION Staff recommends that the Town Council: 1. Consider making appointment to Heritage & Arts Commission; or 2. Continue the item and direct staff to continue to accept applications and schedule interviews for the vacancies at an upcoming Council meeting. Exhibits: 1) Application from Jaleh Etemad Prepared By: Lea Stefani, Town Clerk � --- PERSONA.L DA TA --- L (PLEASE PRINT ORTYPE YP; A RESUME MAY BE ATTACHED AS WELL) NAME: Jaleh Etemad MAILING ADDRESS: 237 Round Hill Road, Tiburon, CA 94920 E-mail address (optional): lalehetemad@gmail.cam TELEPHONE: Home: (415)435-2205 Work: (415)233-2699 Fax No. PROPERTY OWNERS ASSOC. (]f applicable) TIBURON RESIDENT: (Years)35 years DATE SUBMITTED: July 30, 2018 REASONjS FOR SELECTING YORAREAS OFINTEREST I am former H&A commissioner before I applied for Tiburon Artist Laureate. I served 2012-20161 have been vulenteering for past 20 years,docenting in Art 8 Garden Center,. I would love very much to be involved in our community again. Heritage and Arts Commission has always been a great venue to serve our town. A7'PLlCABLE QUALIFICA7IDN,S` AND EXPERIENCE I have been volunteering past 20 years or so starting in by docenting in Art and Garden Center and I still am part of LBel.-Tiburon Library Art Commity H & A commission 2011- 2012. Tiburon Artist Laureate 2012-2016 Library Art Committee 1998- present time ----------------------------------------------Town Hall Use ------------------------------------------------- Date Application Received: Interview Date: Appointed to: (Date) Date Term Expires: Length of Term: 2 EXHIBIT NO. RE NES) 31 2018 TO\',IN TL ' ON TQ�tiN OF TOWN OF TIBURON COMMISSION, BOARD & COMMITTEE APPLICATION The Town Council considers appointments to its various Town commissions, boards and committee throughout the year due to term expirations and unforeseen vacancies. In its effort to broaden participation by local residents in Tiburon's local governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing both sides of this form and returning it to Town Hall. Copies will be forwarded to the Town Council and informal applicant/Council interviews are scheduled periodically during the year. Your application will also remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Lea Stefani Town Clerk AREAS OF INTEREST Indicate Your Area(s)of Interest in 'Numerical Order (#1 Being the Greatest Interest) PLANNING PARKS, OPEN SPACE & TRAILS DESIGN REVIEW RECREATION X HERITAGE & ARTS DISASTER PREPAREDNESS LIBRARY COMMISSION ON AGING AFFORDABLE HOUSING OTHER S:dcrane%omm.app 1 '. 4�l�llCO�j F )ALEH ETEMAD Artist: Jaleh Etemad Statement: As an artist, my objective is to make art that is both revealing and accessible but also acts as a muse for the viewer, one that inspires, creates anticipation, and provides intellectual and visual stimulation. I gather my inspiration from people, books, dreams, and unexpected emotions. I paint and layer many symbols such as fragments of maps, letters, ancient inscriptions, photos both found and self-taken, found objects and mementos, and contemporary poetry onto my canvases. Biography Born in Azerbaijan, Iran, Jaleh was educated in England, obtaining a BS and an MS degree in Advance Medical Laboratory Technology specializing in Electron Microscopy, and working in Cancer Research. Since 1970 Jaleh Etemad has resided in the United States. In 1986, she received a degree in Fine Arts from California State University Northridge, Los Angeles. Her work has been widely exhibited in California as well as in Hawaii and New Mexico. She has been the recipient of several awards and has exhibited internationally in Paris, Stockholm, Oslo, Rome, and Beijing. Publications of her artwork include: • "International Women Artists," Vol. 1, 1997, and Vol. 2, 2001. • "100 Contemporary Artists" Art Addiction-World of Art, 2003. • "The Art of Layering: Making Connections," The Society of Layerists in Multi-Media, Vol. 1, 2004. • "Process & Projects," Alliance of Women Artists, Vol. 3, 2010. • "Visual Journeys: Art in the 21st Century," The Society of Layerists in Multi-Media, Vol. 3, 2010. • "Unique Insights," The Society of Layerists in Multi-Media, coeditor, 2016. Awards & Positions - current: Tiburon Artist Laureate 2012 - 2016 President, The Society of Layerists in Multi-Media 2013 - 2018 jalehetemad(o�gmail.com (415) 233-2699 www.mixedmediacollage.com www.oalehetemad.com www.slmm.org JALEH A. ETF.MAD Selected Solo Exhibition "1 Remember When-Stories of The Tiburon Peninsula, 'Tib.Town Ball Lobby and Council Chambers,Tiburon,CA Sept.2 --Cict.27,20i6 "Layered Art-Artistic interpretation of 12'x' century poem-Golistan" Dominican Un, Sari Rafael, CA. Feb-7-May 11,2016 "The Art of Jaleh Etemad -Retrospective-Tiburon Artist Laureate " Tiburon Town 1]all,TIbUrO1l,CA.Oct.8-Nov.25,2015 "Photographic installation..." — Crashing Thunder Gallery, Gallup, NM,August-Sept.2012 "The Art of Life"-Valley Performing Art Center Gallery, Northridge, LA, CA, April ]-May 30,2011 "Photography with a twist Crashing Thunder Gallery, Gallup, NM, August-September,2008 "Martini Splash", Nordstrom Collection and Couture, San Francisco, CA, April 2006 & Sept.2007 "Exploring Time-Past and Present" Belvedere-Tiburon Heritage & Arts Commission,Tiburon Town }-call, Oct.-Nov. 2005 "Postcards and Birds-Mixed media paintings" Belvedere-Tiburon Library Founders Room, "Tiburon, CA April-May 2004 "Landscapes, and abstracts" Tiburon City Hall, Tiburon, California, Nov.-Dec. 2003 "illuminations/Mixed Media Paintings," Gallery 211, Solo Gallery, Gallup, New Mexico, September 2003 "Still Life in Motion-installation, Drawings & Paintings", Red Mesa Gallery, Gallup, New Mexico, June 2002 "The Birds and the Bees..." Crashing Thunder Gallery, Gallup, New Mexico, September 2001 "Muse..." a Solo Exhibition, Lobby, Pacific Professional Building, San Francisco, CA, April-June 2001 "A two person exhibit at San Jose Repertory Theatre, San Jose, CA, Oct. 2000- Mar. 2001 "Sight and insight," World Automation Congress, Maui, Hawaii, 2000 "illuminations, Past and Present," Mill Valley Art Commission, Mill Valley, CA, 1996 "Ancient Egypt," Bechtel international Center, Stanford University, Palo Alto, CA, 1996 "Les Femmes Fatales," Bucci's Green Room Gallery, Emeryville, CA, 1995 "Recent Paintings," San Francisco Federal Savings, Greenbrae, CA, 1995 "Figure Paintings," Branson Gallery, Ross, CA, 1993 Selected Juried and Group Exhibition "Expression of Creations," Chico Art Center, Chico, California, Sept.-Oct. 2002 "Group Exhibit," Catharine Finn Gallery,Tiburon, California, April-May 2002 "Collage,"international Art Exhibition, Art Addiction Gallery, Palazzo Correr, Venice, Italy, March-Aug. 2002 "Women Artists," Marin Technology Center, Lucas Films, San Rafael, CA, July-September 2001 "international Artists,"La Galerie international, Palo Alto, CA, May 2001 "Annual Juried Exhibition of Marin Artists," Falkirk Cultural Center, San Rafael, CA, March-April.2001 "Evolving Perceptions 2000,Art for Peace", 505 Gallery,Washington DC, 2000 "Beyond Boundaries," iWS Foundation,Worth Ryder Gallery, UC Berkeley, CA, 2000 "Salon de Printemps," La Galerie Internationale, Palo Alto, CA, 1999-2000 "Art Contemporain," Galerie Everarts, Paris, France, 1999 "World Contemporary Art '98," Los Angeles Convention Center, Los Angeles, CA, 1998 "international Women Artists," La Galerie Internationale, Palo Alto, CA, 1998 "New Visions," La Galerie Internationale Palo Alto, CA, 1999 "Most Talented Artists," Art Addiction international Gallery, Stockholm, Sweden, 1997 "Arizona Aqueous Xlll," Tubac Center of the Arts,Tubac, Arizona, 1998 "2nd international Women Artists Festival," Fort Mason, Sari Francisco, CA, 1998 "Les Americaines," Galerie Everarts, Paris, France, 1997 "The World's Women On-Line Internet Show," Beijing, China, 1995 "Wonders of the World,"Frank Lloyd Wright Galleries, Civic Center, S R, CA, 1996 "The Guest," Western Wyoming College Art Gallery, Rock Springs,Wyoming, 1995 "Figures and Abstractions," Sea Ranch Lodge Gallery, Sea Ranch, CA, 1994 "Figure Paintings," Artists Proof Gallery, Larkspur, CA, 1994 "The First international Arts Festival," Fort Mason, San Francisco, CA, 1994 Education: California State University Northridge, Northridge, CA: BA, Painting, 1986 Northampton College of Advanced Technology, London, MS, Electron Microscopy, 1964 Royal institute of Medical Technology, London University, London, England BS, 1962 Publications: "Unique Insights — The Society oFLayerists in Muhl-Media" -- Co-Editor 2016 "There is No Place Like Nome"- The Society of Layerists in Multi-Media 2014 "A 30 Year Celebration"-"Taos, New Mexico"The Society of Layerists in Multi-Media 2012 "Left Behind:A kinetic installation" by)aleh Etemad 2011 11 VISUAL JOURNEYS: ART IN THE 267 CENTURY —The Society of Layerists in Multi-Media - vol.3, 2010 "Process & Projects" Alliance of Women Artists, vol. 3, 2010 "The Art of Layering: Making Connections"The Society of Layerists in Multi-Media,vol.] 2004 "100 Contemporary Artists",World of Art Books, Art Addiction, Stockholm and Venice vol.l, 2003 "International Women Artists", vol.l, 1997, and vol. 2, 2001 Awards: Diploma of Excellence award in Collage int. Art Exhibition, Stockholm, Sweden 2003 Certificate of Recognition,World Contemporary 2001 Merit Award, Best of Show, Stockholm, Sweden, 1997 Member: Alliance of Women Artists-member, Marin Arts Council, Marin Museum Contemporary Art- member Tiburon-Belvedere Landmarks Society-member, Belvedere-Tiburon Library Society - Art Committee member Tiburon Heritage and Arts Commissioner 2010-2012, Tiburon Peninsula Artist Laureate 2012-2016. Society of Layerists in Multi-Media - President, 2013-2018 , .�, TOWN OF TIBURON Town Council ` August 15,2018 �> 1505 Tiburon Boulevard Tiburon,CA 94920 Agenda Item: REPORTSTAFF To: Members of the Tiburon Town Council From: Office of the Town Manager Subject: Request to Install Donor Plaques-Trestle Trail Reviewed By: BACKGROUND At the July 18, 2018 Town Council meeting, councilmembers considered an agenda item regarding a request to install `donor' plaques as part of constructing a picnic area near the entrance of the newly constructed Trestle Trail. A copy of the staff report for that item is attached as Exhibit 1. After hearing a presentation on the request by Jim Wood, a representative of the Tiburon Peninsula Foundation, Council indicated the proposal lacked the level of detail necessary to reach a decision. Council continued the item, and asked Mr. Wood to return with a more detailed plan of what is being proposed. ANALYSIS Attached as Exhibit 2 is the revised proposal provided by the TPF. A representative from TPF will make a short presentation to Council regarding this item. As discussed at length in past meetings, the design of the Trestle Trail evolved over a period of months, creating some confusion as to what signs/plaques were approved. Staff believes a reasonable interpretation is that when Council gave final approval to the project, it included the following elements. • Individual `donor' plaques on each railroad tie embedded in the walkway • Two pedestal mounted signs at the terminus of the trail. One of these would be historical/interpretive, and the second would be the `Trestle Trail Spike Society' donor plaque. Subsequent to this initial approval, the TPF sought and received approval to: Place additional individual donor plaques on the 4 benches which were installed as part of the project, and construct a small picnic area at the beginning of the trail. In an effort to focus on what exactly Council is being asked to consider tonight, the request can be summarized as follows: 1. Regarding the pedestal mounted signs at the terminus of the trail, Council is being asked to approve replacing the `Trestle Trail Spike Society' donor plaque with a second historic/interpretive sign. 1 owil COUDc.il \teeth Au,,La t 15,?018 2. Approve relocation of the 'Trestle Trail Spike Society' plaque, incorporating it into the design of the picnic area. The proposal calls for placing the plaque on a small boulder, as opposed to a pedestal mounted sign. 3. Approve the installation of a new donor plaque which includes the names of`major donors' and `contractor donors'. This plaque, if approved, would also be mounted on a boulder and would be placed adjacent to the `Trestle Trail Society Plaque' mentioned above. As Council recalls from prior meetings, staff believes the issue of plaques should be considered in the context of any relevant Town policies and past practice. To that end, we have attached as Exhibits 3 and 4,the Towns 1996 `Naming Policy', and a 2016 informational letter produced by the Heritage and Arts Commission which is routinely provided to individuals making requests of this nature. The July 17, 2018 Staff Report attached as Exhibit 1 provides a more detailed analysis of this aspect of the discussion. RECOMMENDATION Staff recommends the Town Council: 1. Hear a presentation by a representative of the Tiburon Peninsula Foundation 2. Approve or deny the requests as summarized in items 1-3 above. Exhibits: 1. Staff Report from July 18, 2018 meeting 2. Proposal from Tiburon Peninsula Foundation 3. Town's Naming Policy Feb 16, 1996 4. Heritage and Arts letter May 2016 Prepared By: Greg Chanis, Town Manager 1.O\-\"\()FTlhl Ia_)\ I'.t,,c 7 of 2 TOWN OF TIBI.IRON Town Council r 1505 Tiburon Boulevard July 18,2018 Agenda Item Tiburon,CA 94920 To: Members of the Tiburon Town Council From: Heritage& Arts Commission - Liaison Pickett Department of Public Works Subject: Request to Install Two Donor Boulder Monuments with Plaques in new Trestle Trail Picnic Area Reviewed By: ` BACKGROUND Oil February 7,2018,Town Council heard a request:to grant an exception to the Town policy regarding memorial plaques. This request made by Jim Wood was to install a plaque on each of the four benches along the,then under construction,'I'restle Trail. The Council approved that request 4-0 with one abstention. Today, Council is considering a request to approve a proposal for the installation of monument boulders with donor plaques in a recently approved picnic area near the entrance of Trestle Trail. On May 3,2018, Commissioner Wood submitted a proposal to staff for a picnic area adjacent to the Trail's entrance. Large decorative rocks are part of the plan and two of them would have plaques. The narrative for that proposal is attached as Exhibit 1. This proposal was heard by the Parks,Open Space and Traits Commission(POST)on May 15, 2018. The POST Staff Report stated,"As the plan includes additional plaques, this proposal is being presented to the Heritage and Ails Commission (H&A) for their consideration." POST recommended approval of the project. In his comments, Chair Allen stated that lie was not supportive of the plaques,but the decision on this topic was better suited for the H&A. On May 29, H&A considered the request regarding the plaques, but, lacking a quorum, was unable to reach consensus on a recommendation at that meeting, continuing the item to their meeting scheduled for June 26. As the plaques are not an integral element in the construction of the proposed picnic area, and at the request of Mr. Wood, the proposal for the picnic area was considered by Council at their meeting on June 6,with the staff report indicating staff would return to Council with a separate item for the plaques after H&A had made a recommendation.The Trestle Trail Picnic Area item was approved by Council on June 6,2018. The proposal to add additional plaques at Trestle Trail was considered again by H&A on June 26, 2018. H&A recommended the Tiburon Town Council reject the request for exemption from the Town Policy restrictions governing plaques. 'Their decision(4-0 with one abstention)was based on the following: 1) Town Policy (Exhibit 2). The Commission determined the request did not meet the criteria as interpreted for either: EXHIBIT NO. f o\\[i('01111,i) a. The donation of land or substantial funds for its purchase or; b. Outstanding community service 2) The Commission upheld the belief that the proliferation of plaques and the ensuing complaints as outlined in the Memorandum dated May 3, 1995 (Exhibit 3)and the Staff Report dated July 18, 2001 (Exhibit 4)enforced the recommendations that there be no further memorial benches or plaques installed or considered by the Town. 3) That this exemption would set a precedent,making the rejection of future plaque requests untenable. Policy Framework On February 6, 1980,a Town Policy titled"Naming of Town Owned Parks, Lands, Streets,and other Facilities"was adopted (Exhibit 2). This policy was subsequently revised three times, the most recent being February 16, 1996. The'Town Policy defines the process for the naming of Town owned lands,particularly with names of geographical or of local historical significance. It also outlines how and when a request for naming shall be considered,as well as the procedure. This policy was reinforced with a more specific letter, issued directly by the Heritage and Arts Commission("H&A letter")(Exhibit 5). The H&A letter refers to the Policy and provides further guidelines for prospective requests, and specifically states"Town policy does not allow plaques on objects such as benches, stone monuments associated with benches,play structures,trees,etc." In considering this request, H&A looked to the above-mentioned policy documents as well as past practice for guidance. ANALYSIS Regarding plaques, the Town's Naming Policy(Exhibit 2) provides for plaques under certain circumstances: The naming of Town-owned lands for individuals(living or deceased) may be considered when warranted for individuals donating land or substantial funds for its purchase or when warranted by outstanding community service. Such notable individuals(living or deceased), may be honored by an appropriate plaque on any building, monument, fountain or street located on Town-owned property. The H&A letter(Exhibit 5)refers to the Policy and provides further guidelines for prospective requests and specifically indicates the Town does not allow plaques on objects such as stone monuments.This section reads, in part, as follows: Town policy does not allow plaques on objects such as benches, stone monuments associated with benches, play structures,trees,etc. It does however, consider discreet name plates on any building,monument, fountain or other object located on Town-owned property so long as it has been worked into the design of the structure or the donated object and the named person meets the criteria set fbilh in the Town's Naming Polio. -------------- I tI\\is Cow.dI Mccrhw, 18,::',i�li 'Phis more clearly defined stance on memorial plaques/benches appears to be the result of discussions that occurred over several years at'Town Council meetings. For example, the 1995 memorandum attached as Exhibit 3 recommends `that no further memorial bench/plaques be installed or considered by the'Town'. A 2001 staff report,attached as Exhibit 4,includes guidelines for accepting entries into a Town Commemorative Book. In making their recommendation,H&A felt the names on the requested plaques do not meet the criteria for either the donation of land or substantial funds for its purchase, or outstanding community service. Some examples of existing plaques of this type include those honoring several members of the Zelinsky family,and the late Councilmember Dick Collins. Staff believes these existing plaques provide useful examples for determining a standard that meets the criteria described in the H&A letter. In addition,Staff believes it is the intent of the policy and past practice to recognize persons though alternate means when such persons do not meet the criteria for naming under the Town Policy, including: • Inclusion in a Commemorative Book placed in'Town Hall, or, • The expenditure of money from a specially established Heritage& Arts Fund which would implement civic projects chosen from a"wish list". As shown in Exhibit 6,the purpose of one of the proposed memorial plaque is to recognize"major donors", including: Town of Tiburon,Tiburon Peninsula Foundation, McCormick Family Foundation, Belvedere Community Foundation, City of Belvedere,Doris Lucati and Ann Honzel, Dutra Materials,Holscher Architecture,Oak Grove Construction, SMART Train and Treemasters. Dedication plaques for buildings are common,and these usually include the designer and contractor. There is one such dedication plaque in Town Ifall immediately outside of the Council Chambers. Outside of buildings,staff believes that the'Town has never allowed or endorsed a memorial plaque with a contractor's name. The proposed plaque indicates the primary contractor is a donor,however the contractor bid on the project and was awarded the project in accordance with the Public Contract Code. Staff agrees with H&A that setting this precedent could make it difficult to reject similar requests in the future. Over the years,Town staff,and the H&A,h_ave denied numerous requests for commemorative plaques to be placed throughout Town property. One of the more recent requests was to commemorate the major donors of the McKegney Field Improvement Project with a plaque. This request specifically pointed to the Trestle Trail project as allowing plaques. Staff noted that the trestle ties were specifically approved by Council and were part of,and incorporated into,the approved design. Staff pointed out that there were no separate commemorative plaques in the Trestle Trail project. Based on this,the McKegney Green fundraisers, who raised $400,000 for the McKegney Green project were not allowed commemorative plaques. As of the writing of this staff report, I-f&A minutes were not yet available. Staff has reviewed the audio from the H&A meeting to understand the reasons and justifications for the plaques as presented by Mr. Wood. These points include: 1. The donor plaques were already approved as part of the Trestle Trail project. 2. These are not memorial plaques as they honor donors who are alive. -----.---------.---.----._.____-...._.............-------.__-.._...__....___-__._......,..___..----__._ Town Cocludl Xli,cli .. July 111',2018 3. People were promised they would get their names on a plaque. Each of these points is discussed below. The donor plaques were already approved as part of the Trestle Trail project. At minute 29:00,of the H&A meeting recording, Mr. Wood stated that two plaques placed at the terminus of the Trestle Trail were"approved as donor information plaques". The project narrative description received by staff on March 6,2016 (Exhibit 7), the March 29,2016 POST staff report and the April 10, 2016 Town Council staff report all state that the plaques at the terminus of the Trestle Trail would be informational history plaques. Staff has reviewed documents provided by Mr. Wood as part of his March 16, 2016 application. In addition to the written proposal attached as Exhibit 7, the proposal includes a concept sketch showing an historic plaque at the terminus and an example of the historic plaque to be placed. On March 17, 2016, Mr. Wood reviewed and approved a letter from the Community Development Department going to residents describing the project in advance of the public meetings. This letter describes only" `then and now' informational plaques". The POST and Council staff reports and the letter sent to residents reflected this proposal. Later a proposed drawing was added to the package. This drawing contained"plaque w/donor info"(when included in a package at 8412 x I l this print would have been 1/40 of an inch) pointing to two plaques. Unfortunately, a revised project narrative was not provided to indicate the change in plans. Therefore,when using and describing this drawing in the staff reports,staff understood these to be `then and now' informational plaques"and presented them as such in the staff reports to both POS'1.' and.Council. The Community Development Department was the primary writer of both staff reports and they considered the plaques to be historic plaques based on the proposal and communication with Mr. Wood. During the March 29,2016 Council meeting, Mr. Wood did mention a plaque to recognize spike donors, located near the spikes. As design progressed,two plaques were proposed in the design,one historical plaque and one spike donor plaque. These plaques were not part of the contract,but the contract plans approved by Council on April 19,2017 did retain the notation"plaque w/donor info". On February 1.2, 2018, a specific request for donor plaques at the terminus of the Trestle Trail was brought to POST. This included a donor plaque on one of the posts installed as part of the approved plans,and another to be placed on a boulder which was to be located between the two plaques at the terminus of the trail In the minutes, POST Commissioners stated that they would like to see"both side plaques have historical displays"at the end of the Trestle Trail. The minutes for this meeting are attached as Exhibit S. Given the recommendation of POST,this request for donor plaques was abandoned and not brought to Council. However, subsequent to the February 12 POST meeting,Mr. Wood presented a new proposal to construct a picnic area at the beginning of the Trestle Trail,the design for which included the placement of donor plaques on boulders which would be integrated into the design. These are not memorial plaques as they honor donors who are alive. At minute 43:30,Mr. Wood stated that the Town Policy did not apply as this was not a memorial. In this point,Mr. Wood is referring to the concerns regarding"memorials"and that park areas were — ...- _ ------- ----------------- __..._... - - R»��nl .tll>1 RON h,i,,.lol Town C' n.icil ,k cin;; JUIN. I ,.'i11S beginning;to look "like a graveyard," as expressed in Exhibit 4. Mr. Wood stated these were not memorials but rather similar to the naming of AT&T Park, Sales Force Tower and Oracle Arena. Staff agrees with II.&A that the policy would still not allow naming or plaques,except in the few instances specifically included in the policy, that is, the donation of land or substantial funds for its purchase or outstanding community service. Staff does not believe that the intent of the Town policy is for individuals or companies to have naming rights on Town infrastructure. In 2015,an exercise station was proposed by a Council member to match one similar to that on Crissy Field. Council expressed concern that these stations normally came with sponsorship and the"Town did not want to invite corporate sponsorship on its infrastructure. People were promised they would get their names on a plaque. At minute 44:.30,.Mr. Wood stated that lie had promised people they would get their flames on a plaque. Mr. Wood stated,"These are people who have donated anywhere from $40,000 to$5,000, and I have told them their name will be on a plaque." Staff notes that the T own was the entity that donated $40,000,which appears to be the greatest donation. When the Town donated this money, and throughout the project,there was no mention of the"Town having its name on a plaque. The project approved by'Town Council did have a way to recognize persons who donated money,specifically plaques on railroad ties. Dater,Council allowed for plaques on benches as well. Mr. Wood mentioned contractors who donated time and material to the project. It was clear at the outset of the project that these materials and time were to be donated, yet no mention was made to staff'or Council regarding a special plaque for these contractors until recently,about two years after Council originally approved the project. RECOMMENDATION Staff recommends that the Town Council: 1. I-fear the presentation by Mr. Wood,ask questions of staff or Mr. Wood, and either approve or deny the request to install the donor plaques as proposed Exhibits: I. 'Trestle Trail Picnic Area Proposal 2. Town's Naming Policy Feb 16, 1996 3. 1995 Memorandum on Plaque Policy 4. 2001 Town Council Staff report frofn Heritage and Arts Conunission 5. heritage and Ails letter May 2016 6. Donor Plaque Exhibit 7. March 16,2016 Trestle Trail project proposal frofn Jim Wood 8. Feb 12, 2018 POST minutes Prepared By: Patti Pickett,Staff Liaison H&A,Administration Dept. Patrick Barnes,Director of Public works S h"3 Y � � Y S g Y a� r s ------------ xra" . TO vsii US e r s 77 � I� s � , I i GI i I+ I i 1 r m i � k br l $ S 14 1 � W nt 4� r . *- ` Lj bg' r fl � s + ' 7-77, f x f=t ,'N d's' A w �S4xJt � yF. � ��� `•;fir `�� � �r r go z hi a r f 1 x4 Y t! i � y > � ✓ � z _ e r f I i :h 1 o- i ° e w ' o 13 a� 46 o i y 7 � w i i 11�V i i �`�`,� ,."'°;� " ,%ate• :. 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Except as otherwise provided below, Town-owned lands (including dedications to public use) shall receive names of geographical or local historical significance. This policy shall be flexible and consideration should be given to the appropriateness of the name. (Refer to attached list of Local Historic Names.) 2. Significance of the name shall be explained with any request. 3. The naming of Town-owned lands for individuals (living or deceased)may be considered when wan-anted for individuals donating land or substantial funds for its purchase or when warranted.by outstanding community service. Such notable individuals (living or deceased), may be honored by an appropriate plaque on any building, monument, fountain or street located on Town-owned property. The above-mentioned individuals, and additionally, all other individuals for whom a commemorative tribute is desired,may be honored through one of the following guidelines: a. Inclusion in a Commemorative Book to be placed in the Town Hall, which will contain a page for each person to be honored: The person's family or sponsor will provide a brief background or special memory which will serve both as a personal history and as a segment of the history of the Tiburon Peninsula. b. The expenditure of money from a specially established Heritage &Arts Fund which would implement civic projects chosen from a"wish list" generated by Town Council, Commissioners, and donors. Monies may be channeled to a particular project from the "wish list" at the request of the donor. The projects may take care of tree planting programs, establislunent and care of sluub and flower beds, art work for public buildings and other worthwhile undertakings. The chosen project and its location will be noted on the page of the Commemorative Book honoring the individual(s). PROCEDURE 1. Requests concerning names to be given to the Town-owned land and facilities or structures thereupon shall be made in writing to the Town Manager. EXHIBIT N0. , 2. The Town Manager shall review the request and submit it to the Tiburon Heritage &Arts Commission for its recommendation regarding appropriateness. 3. The comments and recommendation of the Commission should be forwarded in writing to the Town Council, via the Town Manager. A copy of this report shall be sent to the Parks and Open Space Commission. 4. The decision of the'town Council shall be the final step in the naming process. Adopted 2/6/80 Revised 6/16/92 Revised 12/5%94 Revised 2/16/96 2 T I © U R O N H E R I T A G E A R T S COMMISSION May 2016 The Heritage & Arts Commission appreciates the desire of a family to recognize.the contributions of a family member to family, friends, and society. The Town values the significance a person's life brings to the community. It has therefore created a 100-year Commemorative Book. The C'orninernorativcNgk has two_goals. The first is to provide families, friends and the community with a means to effectively and thoughtfully commemorate loved ones, living or deceased, of any age. The second is to serve as a 100-year history of the Tiburon Peninsula through the singular stories of the lives of its residents. Iaere's how the book works. It has two pages for each person honored. One page contains his/her biography and the opposite page contains a photo donated by the family. On the photo page there is a place designating the type and site of the gift and recognition of the contribution to the chosen project. The book; with its personal recollections of Tiburon history, resides in the Town Hall lobby for all to enjoy. How do you know_i_f yout i,ratcrnded honoree qualifies for inclusion in the Commemorative book? In summary; if your honoree has donated land or substantial funds for the purchase of land to the Town, or has provided outstanding community service or a donation to an item on the "gift list", he or she will qualify for inclusion in the book. How can l eta arcel of_landnamed for my honoree? A parcel of land may be named for your honoree if that person has donated land or substantial funds for the purchase of that land, or when warranted by outstanding community service. Please read Paragraph 3 of the attached Town Naming Policy. Now - about the important,issue of plaques. "hown policy does not allow plaques on objects such as benches, stone monuments associated with benches, play structures, trees, etc. It does, however; consider discreet name plates on any building, monument, fountain or other object located on Town-owned property so long as it has been worked into the design of the structure or 1 EXHIBIT NO. the donated object and the named person meets the criteria set forth in the "T'own's Naming Policy (attached). The placlue must be approved by the Heritage & Arts Commission and final approval must come fi-oin the Town Manager. The costs of acquisition, installation; maintenance; and name plate associated with the chosen project will be borne by the donor. Public recognition and acknowledgment of your kind donation will be placed in the Commemorative Book; and you will receive from the Town of Tiburon, a frained Certificate of Recognition and Honor for your home or office. Enclosed you will :find an Information Package that consists of: I. Biography Worksheets 2. Sample Entry (2 pages from former Town Manager, Bob Kleinert) 3. "Gift List" (Ideas for Possible Types of Donations) 4. Naming/Commemorative Policy of the Town of Tiburon 5. Commemorative "free Planting Policy We welcome any questions you might have about the process and the Commemorative Book. Please call Staff I..aaison, Patti Pickett, at 415-435-7373. We look forward to working with you on your commemorative gift. Cordially, Patti Pickett Staff Liaison Heritage & Arts Commission Enclosures cc: Heritage & Arts Commissioners 2 Town Council Meeting TOWN OF TIBURON August 15,2018 1505 Tiburon Boulevard *Y , f Tiburon,CA 94920 Agenda Item:A1-3 STAFF PO. To: Mayor & Members of the Town Council From: Community Development Department Subject: Amendments to the Approvals for the Belvedere-Tiburon Public Library Expansion Project, Including Amended Site Plan and Architectural Drawings and Modified Conditions of Approval and Mitigation Measures; Belvedere-Tiburon Library Agency and Town of Tiburon, Owners; Belvedere-Tiburon Library Agency, applicant; Town File#S2012-07; Assessor Parcel Nos. 058-171-92, 93 & 941 d a portion of 058-171-62 Reviewed by: BACKGROUND The Belvedere-Tiburon Library Agency is proposing to scale back by 6,000 square feet its current approval for 16,000 square feet in additions to the existing library building, by eliminating the second-story portion of the previously-approved expansion. This reduction would result in an expansion of 10,000 square feet for the existing 10,500 square foot library building. If the proposed expansion is constructed, the total floor area of the library facility would be 20,500 square feet, resulting in slightly less than a doubling of the current floor area. The current design approval would allow a 26,500 square foot library building. PROJECT DATA Address: 1501 and 1505 Tiburon Boulevard Assessor's Parcel Numbers: 058-171-92, 93, & 94 and a portion of 058-171-62 File Number: S2012-07 Project Area: Approximately 2 acres General Plan: P/PQ (Public/Quasi-Public) Zoning: Exempt from Zoning Ordinance per Ordinance No. 537 N. S. Current Uses: Public Library, Tiburon Town Hall parking lot, Zelinsky Park Flood Zone: AE-10 (within the 100-year flood zone) and X-0.2 (outside the special flood hazard zone) Owners/Applicants: Belvedere-Tiburon Library Agency and Town of Tiburon PERMIT HISTORY A brief permit history is as follows: Town Council Meeting August]S,2018 2008: The Library Agency submits applications for general plan amendment, rezoning, master plan amendment, and precise plan amendment for purposes of constructing 18,500 square feet of additions to the existing 10,500 square foot library building. A lengthy environmental impact report process ensues, followed by numerous well-attended public hearings before the Planning Commission and Town Council. 2011: Following preparation of the environmental impact report, the Library Agency agrees to accept Refined Alternative D from the EIR's alternatives analysis section as their project. The Town Council subsequently approves the project applications subject to conditions of approval and mitigation measures. 2012: The Town Council adopts Ordinance No. 537 N. S. exempting the library project from provisions of the Tiburon Zoning Ordinance and establishing a streamlined process for site planning and design approval. The Town Council subsequently approves the site plan and architectural drawings for the expansion project; the design approval is for 16,000 square feet of additions and is valid for five years. 2017: The Town Council grants a time extension of five years for the design approval. 2018: The Library Agency submits an application to reduce the size of the project by 6,000 square feet, largely through elimination of the second-story of the approved addition. DESCRIPTION OF PROPOSED PROJECT AMENDMENTS The application form and narrative setting forth the proposed project revisions are attached as Exhibit 1. The project as revised would eliminate the entire 6,000 square foot partial second- story portion of the approved 16,000 square foot addition that would have extended from the existing building toward the Tiburon Town Hall building. Drawings depicting the revised proposal are attached as Exhibit 2. The floor plan for the second-story portion of the originally- approved addition is attached as Exhibit 3. The publicly-usable area(excluding storage and mechanical equipment spaces) was comprised of two stairwells, an elevator shaft, restrooms, conference rooms, a teen reading/study area, shelves for the fiction and young adult collections, a magazine/newspaper/quiet study area, and a small balcony overlooking a civic plaza feature between the Town Hall and Library. The maximum roof peak height of the proposed addition would be reduced by 10 feet through elimination of the second story. The remaining ground floor portion of this addition would be moved back from the Town Hall building an additional four (4) feet, from 48 feet to 52 feet,thus expanding the proposed public plaza area between the buildings. The entry area to the Library would be re-worked, and minor changes made to the building footprint adjacent to the civic plaza. No other substantial changes to the project site plan are proposed. Roof, window, door and other associated changes to the exterior elevations of the addition are necessary to accommodate the scaled-back project design, but seek to retain architectural consistency and harmony with the existing library building. ENVIRONMENTAL REVIEW An environmental impact report (EIR) for the library expansion project was certified by the Town Council on October 5, 2011. Town staff reviewed the proposed scaled-back project with respect to environmental impacts associated with the originally-approved project, and determined that an ToW'N OF D BITRON Page 2 of 8 Town Council Mecting August 15,2018 addendum to the certified EIR was appropriate under provisions of the California Environmental Quality Act (CEQA). CEQA Guidelines section 15164 states that an addendum should be prepared when none of the conditions triggering a subsequent EIR or supplemental EIR has occurred. CEQA Guidelines section 15162 advises that a subsequent or supplemental EIR should be prepared when substantial changes to the project require major revisions to the EIR because of new significant environmental effects, a substantial increase in the severity of previously-identified effects, or when new information of substantial importance has been introduced. The reduced-scale project that is currently proposed would not result in new significant environmental effects or a substantial increase in the severity of previously-identified effects for the approved project. Nor has new information of a substantial nature been introduced that would materially alter the conclusions of the EIR. The Addendum identified one mitigation measure (TRANS-6) that warrants revision due to the significant scaling back of the project, in order to improve clarity, and to reflect changes in ownership of adjoining property since EIR certification. The original mitigation measure had required the applicant to ensure the availability of at least 53 off-site parking spaces for use by Library and Town Hall complex users; that number would be reduced to 33 spaces based on the reduced project size and the ratio of anticipated vehicles per 1,000 square feet of library proposed to be added. The Addendum to the certified final EIR for the project is attached as Exhibit 4. The Addendum concludes that the scaled-back library expansion project would not require any additional mitigation measures, as no new impacts nor any increase in the severity of impacts would result, and no new information of substantial importance has been introduced regarding project effects. No additional CEQA review is required. POLICY ANALYSIS OF PROJECT MODIFICATIONS In General The proposed project revisions are quite straightforward, in that the entire second-story portion of the previously-approved addition would be eliminated. A pitched roof matching the roof design of the existing library roof is proposed. The height of this formerly two-story addition would be reduced from a maximum height of 40 feet to a maximum height of approximately 30 feet. A similar one-story project design alternative was considered as part of the project's environmental impact report, specifically Alternative C as analyzed in the Revised Draft Environmental Impact Report. Only minor changes to the first floor footprint are proposed. From application materials, it appears the request for design revisions is driven by availability of funding and unanticipated higher costs associated with construction of the approved project. Construction costs have risen dramatically in recent years for a variety of reasons and are anticipated to continue rising in the near future. The architect for the Library Agency will present the revised building design proposal to the Town Council at the public meeting. General Plan The Tiburon General Plan has not meaningfully changed with respect to this project or its site since the 2011-2012 approvals or the 2017 time extension for the approved design. The Open Space and Conservation Element of the Tiburon General Plan states that"Ridgelines also provide TOvy'N OP TIBURON Page 3 of 8 Town Council Meeting August 15,2018 the greatest opportunity for community scenic value." Elimination of the second story portion of the library addition would marginally improve consistency with General Plan ridgeline protection policies by somewhat reducing view blockage of the Tiburon Ridge from vantage points to the south of the site across Tiburon Boulevard. It appears to staff that a 30 foot tall roof peak(as proposed) is still likely to at least partially block Tiburon Ridge views from Tiburon Boulevard itself, based on a review of photographs taken of the story poles for the original design. However marginally, the adverse impact regarding consistency with General Plan ridgeline view policies would be reduced, and no additional analysis is warranted. The Town Council adopting findings over overriding consideration for this unmitigated aesthetic impact and those findings stand. Zoning Ordinance As noted above, this project is exempt from provisions of the Tiburon Zoning Ordinance pursuant to Town of Tiburon Ordinance No. 537 N. S. See Exhibit 5. No further zoning analysis is warranted. Town Council Resolution No. 55-2011 This resolution (Exhibit 6) approved the general plan amendment for the project and adopted a mitigation monitoring program for the library expansion. None of the conditions of approval from this resolution warrant revision due to the proposed project changes, but one mitigation measure deserves revision based on the substantially reduced size of the expansion project. Mitigation Measure TRANS-6 addressed overall parking supply for the Library/Town Hall complex and required the availability of off-site parking to adequately serve patrons and employees. The mitigation measure was written for an originally-proposed 28,500 square foot Library facility upon completion, which would now be reduced to only 20,500 square feet through the proposed revisions. The recommended revised text of Mitigation Measure TRANS-6 is shown in redline format as follows: TRANS-6: The applicant will ensure the availability of at least-54 33 off-site parking spaces for the Library and Town Hall use through the following actions: Public Parking Spaces 1. Create a minimum of four(4) new parking spaces along Tiburon Boulevard and/or Mar West Street; AND 2. Place a 2-hour time limit on the eight(8) currently un-timed spaces nearby on Mar West Street; AND/OR 3. Collaborate with Main' Stfeet Pr-opei4ies the owner of one or more nearby pay-parking lots to establish an arrangement, subject to acceptance by the Town of Tiburon, which would to allow short-term parking sod to the euf ent fixed fee a?-'- par-king) in some or all of the spaces on thei in the lot or lots for potential use by Library and/or Town Hall users. Employee Parking Spaces 1. Continue the existing lease arrangement with the owner of the parking lot at 1525 Tiburon Boulevard for parking passes for Town Hall and Library Agency.employees; OR 2. Collaborate with "jai„ Street nr^perties the owner of the parking lot at 1525 Tiburon Boulevard to enter into a long-term lease for parking spaces in -that lot, OR to provide for a partial "decking" of the existing lot to create additional parking spaces; AND/OR TO\VN OP TIBURON Page 4 of 8 To«7n Coun.cit Mecting August 15,2018 3. Reserwe Secure Town approval to Rreserve 12-15 parking spaces in the Town-owned Beach Road tennis court parking lot at the intersection of Beach Road and Marsh Road for Town Hall and Library employees; AND/OR 4. Adopt a parking permit program that would limit parking on some or all of the nineteen (19) parking spaces on Mar West Street that are nearest to the Library to permit holders during the hours the Town Hall and Library are open. Permits would then be issued solely to Town Hall and Library staff. Other 1. Create additional on-street parking along the east side Of Mar West Street in the vicinity of the Library if feasible. 2. Coordinate major events occurring at the Library and Town Hall in order to reduce the potential for overlapping events. 3. Establish agreements with nearby parking lot owners (e.g. Boardwalk Shopping Center, Tiburon Peninsula Club, Mai Street Pfoper es etc.),to provide occasional overflow parking for unusually large or overlapping events. Staff also notes that during the initial project review process, a number of speakers contended that the expansion project was overly large in scale, constituting a 270% increase in total floor area for the library. In approving the general plan amendment, the Town Council stated as follows: "The building design and architecture shown on said drawings shall be revised to reduce the excessive mass, bulk and scale as viewed from Tiburon Boulevard. These revisions will likely require square footage reductions prior to approval of detailed site plan and architectural drawings by the Town Council. The Town Council intends that these design and architectural revisions will reduce the significant view blockage impact of the Tiburon Ridge from Tiburon Boulevard." While the project additions were reduced in size from 28,500 to approximately 26,500 square feet during the remaining original review process, the currently-proposed smaller and lower project would appear to counter many of the earlier criticisms regarding project scale and would somewhat reduce blockage of scenic views of the Tiburon Ridge from vantage points to the south and west of the Library facility. Town Council Resolution No. 26-2012 This resolution(Exhibit 7) approved the site plan and architectural drawings for the project. Several conditions of approval warrant amendment based on the proposed design modifications. The suggested amendments are as follows, with revisions redlined: 1. All conditions of approval and mitigation measures contained in and/or adopted by Town Council Resolution No. 55-2011, except as specifically modified by Town Council Resolution No. {insert the number of this Resolution}, are fully incorporated herein by reference, with the exception of Condition No. 1 of said Resolution No. 55- 2011; hat condition having been determined by the Town Council to be satisfied by the design drawings approved herein. By request of the Town Council, the applicable parking-related conditions and mitigation measures adopted in Resolution No. 55- 2011, as amended by Town Council Resolution No. {insert the number of this Resolution}, are excerpted and attached as Exhibit C hereto for informational To \\,i\l OFT1BURON Page 5 of 8 Town Council Meeting August 15,2018 purposes. Exhibit C referenced herein is revised to incorporate revisions to Mitigation Measure TRANS-6 approved in this Resolution. 3. [Deleted] The D J + shall be a-p bst +;a1 eonfer-manee with the Site Plan, ROOF Plans, Roof Plan, Color Palette (1 G sheets, dated july G 201 2) d fe follows! -ivi iuu u a. The Founder's Room portion of the proposed expansion shall be moved 1 1 ffem T'bufon Boulevard shown on Alternative I drawings presented to the Town Gvuxneil o August 1, 2012 and dated-ccRevised August 1, » b._ The Tiburon R 1 A entry to the projee+ shall b modified+ r-eduee enhanee its r fominenee and visibility as a major-p4lie ei#r-anee to the building, as shown on Alter-native I drawings presented to the Tol.vfl Gouneil on August 1, 2012 and dated ccRevised August » , 201 e. Th Teen T?oom +1 expansion shall b revised as shown Alter-native I drawings presented tothe Town Gouneil on August 1, 201 and dated "Revised Augu-'+•rcT<12." drawings,The above refer-eneed as modifiedherein, eenstitute the approved site plan file and available fef publie review at Tiburon Town Hall during regular-business houfs. Any future substantial modifieation to the appfoved drawings, as deter-mined in the reasonable diseretion of the Dir-eetor- of Community Development, shall reeeive- T l ei „ a1 4. The Project shall be built in substantial conformance with the Site Plan, Floor Plans, Roof Plan, Exterior-Elevations, handseape Plans and Detail Drawings, and Colo Palette (1 c sheets, dated T„ly_c 201-2) site plan landscape and architectural drawings entitled"Belvedere-Tiburon Library Expansion Revised Design Review Submission", date-stamped "Received Planning Division August 8 2018", prepared by ehdd Architecture and comprised of 16 sheets,which constitute the approved site plan and architectural drawings for the Project. Said plans are on file and available for public review at the Planning Division at Tiburon Town Hall during regular business hours in File #S2012-07' 1501 Tiburon Boulevard. Any future substantial modification to the plans approved drawings, as determined in the reasonable discretion of the Director of Community Development, must receive Town Council approval. 7. With submittal of the building permit application, the Library Agency shall comply with applicable provisions of the Town's Flood Damage Prevention Ordinance (Chapter 13D of the Municipal Code). Appheant shall submit to the Bu kiln, Offie;ft1 for-review and a leeptanee a Flood Elevation Geftifleate prepared eensistent eurrent FEMA regulations demonstrating that the hibr-afy addition and the existing Libr-ary building lowest floor- elevations are at or above 11 feet NANID of 1988 and- would eemply with the Town's Flood Damage Ofdina-nee provisions. Alteffiatively, ffem FEMA indieating +h r j ++h et; not loeated ;n the 100 r flood hazard TO\vN OI'TIl URON Paige 6 of 8 Town Council Meeting August 15,2018 15. Proposed sidewalk access from the relocated Zelinsky Park to the adjacent Main Street n opei4 es (MSP-)parking lot at 1525 Tiburon Boulevard (APN 058-171-91) must receive approval from MSP the parking lot property owner for any improvements extending onto its property. No such sidewalk access shall cause any parking spaces in the MSP parking lot to be eliminated. Town Council Resolution No. 09-2017 This resolution (Exhibit 8) extended the design approval expiration date to April 19, 2022. No modifications to this resolution are suggested. Agreement to Convey Real Property In 2007, the Town Council entered into an agreement to convey real property with the Library Agency, specifically involving an approximately 16,000 square foot parcel of land located behind the existing library building that would be largely converted to a public parking lot under the approved project. The Town Council modified and extended this Agreement in 2012, and extended it again in 2017. The current expiration date is August 1, 2022. The design revisions sought by the Library Agency at this time have no direct impact on this Agreement. All of the proposed amendments to the Town Council resolutions approving the project are set forth in the draft resolution attached as Exhibit 9. PUBLIC COMMENT As of the completion of this report, three emails have been received regarding the proposed library expansion revisions. These are attached as Exhibits 10, 11 and 12. RECOMMENDATION Staff recommends that the Town Council: 1. Receive a presentation from the applicant. 2. Hear any public comments on the matter. 3. If appropriate, adopt the resolution approving the amendments. EXHIBITS 1. Application form and project narrative received July 31, 2018 (4 pages). 2. Revised design drawings for the project received August 8, 2018 (16 sheets). 3. Floor plan for the second story portion of the addition, as approved in 2012. 4. Addendum to the certified Library Expansion Project EIR, dated July 2018. 5. Town Council Ordinance No. 537 N. S. 6. Town Council Resolution No. 55-2011. 7. Town Council Resolution No. 26-2012. 8. Town Council Resolution No. 09-2017. 9. Draft resolution approving amendments to the Library Expansion project approvals. 10. Email from Mark Hutchinson received August 3, 2018. 11. Email from Tracey Van Hooser received August 3, 2018. 12. Email from Joan Bergsund received August 7, 2018. Toy,\i OP TIBURON Page 7 of 8 Town Council Meeting August 15,2018 NOTE: The 3 volumes comprising the certified Final Environmental Impact Report for the Belvedere-Tiburon Library Expansion Project, as well as the July 2018 EIR Addendum, maybe viewed on the Town of Tiburon official website using the link below. Scroll all the way to the bottom of the Helpful Forms and Documents section once the link opens. https://www.townoftiburon.org/156/Helpful-Forms-Documents Prepared by: Scott Anderson,Director of Community Development Towx' OF TIBI?RON Pagc 8 of 8 TOWN OF TIBURON � 1 LAND DEVELOPMENT APPLICATION s �� _����` L'U,i��lll� -i�1`11S17P-\1 TYPE OF APPLICATION o Conditional Use Permit o Design Review(DRB) o Tentative Subdivision Map o Precise Development Plan o Design Review(Staff Level) o Final Subdivision Map o Accessory Dwelling Unit o Variance(s) # o Parcel Map o Zoning Text Amendment o Floor Area Exception o Lot Line Adjustment o Rezoning or Prezoning o Tidelands Permit o Condominium Use Permit o General Plan Amendment o Sign Permit o Junior Accessory Dwelling o Temporary Use Permit o Tree Permit Other APPLICANT REQUIRED INFORMATION SITE ADDRESS: Ii-;0l '71,0A21 C'A F-22[,r� PROPERTY SIZE: PARCEL NUMBER: ZONING: PROPERTY OWNER: +- MAILING ADDRESS: 1 ��� ei.t �v��f ���1,'�T rt �z�.c� �✓�• < �I ' PHONE/FAX NUMBER: r�i _- > `% -96,66,. E-MAIL: t ; a2Ct->asi &', 13c e ai3 it3rzatr� &. APPLICANT (Other than Property Owner): 'r>w�gt� 11 LiP li�`f terr�i L MAILING ADDRESS: i�,�/ illy%Y��31y r3i� , ►3�,1'e, � czt PHONE/FAX NUMBER: ��/� N`J�Gj r (.�. E-MAIL: t�z� 1 d {fir-.i'i f3 10��7 ARCHITECT/DESIGNER/ENGINEER t4-t)() MAILING ADDRESS: z;Qe 'era rj I 7- !I S'A N F r'�I�Nci�����/I OI PHONE/FAX NUMBER: cT6 � E-MAIL: 1w- CP -i4pt) . 60 tR Please indicate with an asterisk (*)persons to whom Town correspondence should be sent. BRIEF\�tDES}f�CR'I1['PTION OF PROPOSED PROJECT (attach separate sheet if needed): •(/V 414-\O,f,6s,`y\,'y(.(,�:,L.� ,�l7 .� G':,-„t (/�///��(_U (il `\ J � 4 2 . Y _ I, the undersigned owner (or authorized agent) of the property herein described, hereby make application for approval of the plans submitted and made a part of this application in accordance with the provisions of the Town Municipal Code, and I hereby certify that the iinformation given is true and correct to the best of my knowledge and belief. I understand that the requested approval is for my benefit(or that of my principal). Therefore, if the Town grants the approval, with or without conditions, and that action is challenged by a third party, I will be responsible for defending against this challenge, with the defense counsel subject to the Town's approval. I therefore agree to accept this responsibility for defense at the request of the Town and also agree to defend, indemnify and hold the Town harmless from any costs claims or liabilities t ing from the approval, including, without limitation, any award of attorney's fees that i lit res from th iird party challenge, j Signature(required):* Date: 3/ I understand that the property involving this permit request may be subject to deed restrictions called Covenants, Conditions and Restrictions (CC&Rs), or similar instruments that may restrict the property's use and development. These deed restrictions are private agreements and are NOT enforced by the Town of Tiburon. Consequently, development standards specified in such restrictions are NOT considered by the Town when granting permits. I am hereby advised to determine if the property is subject to deed restrictions and, if so, contact the appropriate homeowners association or affected parties about the sed project prior to proceeding with the application. Following this procedure willmi size t otenti or disagreement among parties and possible litigation. Signature(required):* Date: * If other than owner, you must submit an authorization letter from the owner or show evidence of ale facto control of the property or premises for purposes of filing this application. NOTICE TO APPLICANTS Pursuant to California Government Code Section 65945,applicants may request to receive notice from the Town of Tiburon of any general (non-parcel-specific),proposals to adopt or amend the General Plan,Zoning Ordinance, Specific Plans,or an ordinance affecting building or grading permits. If you wish to receive such notice, then you may make a written request to the Director of Community Development to be included on a mailing list for such purposes, and must specify which types of proposals you wish to receive notice upon. The written request must also specify the length of time you wish to receive such notices (s), and you must provide to the Town a supply of stamped, self-addressed envelopes to facilitate notification. Applicants shall be responsible for maintaining the supply of such envelopes to the Town for the duration of the time period requested for receiving such notices. The notice will also provide the status of the proposal and the date of any public hearings thereon which have been set. The Town will determine whether a proposal is reasonably related to your pending application, and send the notice on that basis. Such notice shall be updated at least every six weeks unless there is no change to the contents of the notice that would reasonably affect your application. Requests should be mailed to: Town of Tiburon Community Development Department Planning Division 1505 Tiburon Boulevard Tiburon,CA 94920 (415)435-7390(Tel) (415)435-2438(Fax) www.townoftib u ron.org DO NOT WRITE BELOW THIS LINE DEPARTMENTAL PROCESSING INFORMATION Application No.:OT4iR2410-001 GP Designation: f Fee Deposit: TC Date Received; Received By: Receipt Date Deemed Complete: By: Acting Body: Action: Date: Conditions of Approval or Comments: Resolution or Ordinance# EXHIBIT__1_ Pf IA BRIEF PROJECT DESCRIPTION OF AMENDMENTS TO BELVEDERE-TIBURON LIBRARY EXPANSION PROJECT APPROVALS Any and all necessary amendments to the Town's existing Belvedere-Tiburon Public Library Expansion Project permit approvals, in order to reflect a modified and scaled- back project as currently proposed, including but not limited to, the following: 1) Revisions to a mitigation measure regarding off-site parking adopted as part of the mitigation monitoring program in Town Council Resolution No. 55-2011; 2) Revisions to several conditions of approval adopted in Town Council Resolution No. 26-2012, which approved the site plan and design drawings for the project; 3) Revisions to the approved site plan and design drawings for the expansion project approved by Town Council Resolution No. 26-2012. July 31, 2018 ..IR. `3 1 2018 PI-ANNING DIVISION EXHIBIT PJL 0fd Belvedere-Tiburon Library Expansion Project: Narrative Description of Revisions Purpose of the Proposed Revisions: To align the cost of the Library Expansion Project with fundraising results,the Library Agency has authorized applications to the Town for a significant modification to the previously-approved design, which will eliminate the proposed second level and accommodate all essential Library Program uses within a one-story facility. The Library's Key Program Goals are Maintained Doubling the size of the Children's Library. Creating a Teens Library. Doubling the size of the meeting spaces and Doubling the space for administration and library services. The Key Features of the Proposed Revisions are: Reduction in built floor area of the expansion from 16,000 to 10,000 square feet. Reduction in the roof ridge (maximum) height of the addition from 40 feet to approximately 30 feet. Pulling back the eastern wall of the Library addition 4 feet northward, increasing the distance between the Town Hall and the Library buildings from 48 to 52 feet and expanding the Civic Plaza area. Otherwise,there are no significant changes in the footprint of the expansion and no significant changes to the proposed site work consisting of the Civic Plaza,the promenade to Zelinsky Park,Zelinsky Park itself, and the parking lot. EGI/CMA 07/31/18 EXHIBIT p.4 of Exhibit 2 is unattached behind staff report. 17/8" 1 13'-8." 6'-5 1/2" 42'-6 1/2" TREWS BELOW i I :r M ROOF O o BELOW _ - MAGAZINES & NEWSPAPERS/ _ `opo QUIET STUDY ._.._I_.._-y__..,...._......�._.-1.. CONFERENCE MAIN STAIR I N El ! ' PAINTED QOU.,.. I RAIU D E/ - .42 GU ARd `�— ELEC $ ........ CLOSET 42 HIGHECORATIVE DN DISPLAY - �Op BAI{,ING - I 111'-4" READER :......:......:..........�.._...... ADVISOR I� S LEARNING CENTER � -- °-- -- I w SKYLIGHT ABOVE � SIT-DOWN CAT o 42" H. BOOKCASE/RAIL 66"H. 11 U011 LIBRARY SHELVING 66" H. CONFERENCE .......... _ \ i ��----- "DOPEY FICTION -- .....�... ------- __— GLAZED TQ COLLECTION ........... WINDOW WALL COW RESTTROOM , 66" H. Fg L J `- RESITROOM DN MORTAR ET S TILE PAVERS, ( -- REINFORC D H BUILDING ASPHALTN.P. STORAGE/ gANQUETTE W/ - —REF— TEEN NEW BOOKS I.T. STORAGE TABLES AREA 66" H. SINK AREA BI-PARTING ROLLDOWN DOORS YOUNG ADULT i6- 7/8" SHUTTER TEEN PAPERBACKS COLLECTION DV MGA NE p_ DESK i EXIT STAIR SHELVES —_ 66" H. OVEABLE STUDY :�� TEEN TEEN UIEC DIGrrAL OFFICE STOU(DY LAB _ BEANBAG AV/PRINTER 4 LOU�t; COUNTER RATEL VIDEOO 9 SPLAY CEILIN MOUNTED _ PROJrc- SCREEN ROOF BELOW (NO TERRACE ACCESS) 1 PAINTED WOOD PARAPET 14'- 11/16" 19'-4" 7'-1 1/4" 10'-6" p-1 1/8" TRELLIS ? BELOW =lc� 16"' 10-2 5 w o 12'-8 3/4" / 1-5" Sheet Title U Q FLOOR PLAN \ LEVEL 2Am BUT NO.-a- ADDENDUM TO THE CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT FOR THE BELVEDERE-TIBURON PUBLIC LIBRARY EXPANSION PROJECT TOWN FILE #52012-07 SCH92009052003 PREPARED BY; TOWN OF TIBURON PLANNING DIVISION JULY 2018 wI N . - e A G INTRODUCTION This document is an addendum to the Belvedere-Tiburon Library Expansion project Final Environmental Impact Report(FEIR), which was certified by the Tiburon Town Council on October 5, 2011. The FEIR consists of the Draft Environmental Impact Report for the project dated June 2010, the Revised Draft Environmental Impact Report dated March 2011, and the Final Environmental Impact Report/Response to Comments document dated August 2011. The FEIR analyzed a total of 18,000 square feet of additions to the existing 10,500 square foot library building, and well as proposed ancillary improvements surrounding the facility, such as a parking lot, park area and a public plaza. In November 2011, the Town Council approved a project based on Refined Alternative D as set forth in the Revised Draft EIR; said alternative having previously been accepted by the Library Agency as their project in lieu of the original project design. Refined Alternative D was identified in the certified EIR as the environmentally superior development alternative. In August 2012, the Town Council approved design drawings for a 16,000 square foot addition to the library building, resulting in a total square footage of 26,500 square feet assuming project construction and completion. In July 2018, the Library Agency applied for revisions to the approved design drawings, proposing to scale back the project by eliminating the entire 6,000 square foot second floor portion of the addition, thus reducing the project to a total of 20,500 square feet in floor area if completed. The Library Agency is proposing that the conditions of approval on the design drawings be amended to reflect the scaled-back project and that any mitigation measures adopted assuming a 28,500 square foot facility be adjusted accordingly to reflect a 20,500 square foot facility upon completion. PURPOSE OF THE ADDENDUM California Environmental Quality Act (CEQA) Guidelines section 15164 states that an addendum should be prepared when none of the conditions triggering a subsequent EIR or supplemental EIR has occurred. CEQA Guidelines section 15162 advises that a subsequent or supplemental EIR should be prepared when substantial changes to the project require major revisions to the EIR because of new significant environmental effects, a substantial increase in the severity of previously-identified effects, or when new information of substantial importance has been introduced. The reduced-scale project that is currently proposed would not result in new significant environmental effects or a substantial increase in the severity of previously- identified effects. Nor has new information of a substantial nature been introduced, separate from the project revisions, that would materially alter the FEIR conclusions, and this addendum has been prepared. Town staff reviewed the proposed reduced-scale project to assess the potential effects on the environment relative to those previously identified in the 2011 FEIR, and to determine the Town of Tiburon Addendum to Library Expansion Project FEIR July 2018 Page 2 of 8 EXHIBIT L P. 'I of-j— continued appropriateness of the associated mitigations adopted by the Town of Tiburon in the Mitigation Monitoring Program for the project. In all instances, the level of impact associated with the scaled-back project would be the same or reduced compared to the originally-approved project. DESCRIPTION OF THE PROPOSED PROJECT REVISIONS As noted above, the entire second-story of the building addition proposed to be constructed between the Tiburon Town Hall and the existing library building would be eliminated. The proposed amendments would eliminate the second story of the addition proposed between the Library building and the Tiburon Town Hall building, reducing the height of that portion of the expansion by ten(10) feet and reducing the total floor area of the expansion by 6,000 square feet. The remaining ground floor portion of this addition would be moved back from the Town Hall building an additional four (4) feet, from 48 feet to 52 feet, thus expanding the proposed public plaza area between the buildings. The entry area to the Library would be reworked. No other substantial changes to the project site plan are proposed. The proposed project revisions resemble an alternative design (Alternative C) that was analyzed in the certified EIR. Alternative C (Reduced Library) comprised a 9,000 square foot one-story addition to the library facility, resulting in a total library facility size of 19,500 square feet upon completion. In the certified EIR, all potential environmental impact areas associated with Alternative C were found to be either"less" or"similar"to those impacts identified for the proposed project. The proposed design revisions maintain the biological impact improvements gained from Refined Alternative D (the approved project) as compared with the original design submittal, while also gaining some of the scenic ridgeline view protection benefits that would have been provided by Alternative C. EVALUATION OF ENVIRONMENTAL IMPACTS FROM PROPOSED REVISIONS A brief comparison of environmental effects of the originally-approved project to the revised proposed project follows, as arranged by environmental factor, with a focus on determining whether new significant environmental effects or a substantial increase in the severity of previously-identified effects, would result. Aesthetics The FEIR concluded that the project would have a significant and unavoidable impact on a scenic vista, largely due to the 40-foot tall roof peak associated with the second floor portion of the easterly addition blocking views to the Tiburon Ridge. The second floor portion is now proposed for elimination and a 10 foot reduction in height at the roof peak. The Town Council adopted findings of overriding consideration in approving the project with the second story Town of Tiburon Addendum to Library Expansion Project FOR July 2018 Page 3 of 8 EXHIBIT p._.11 of °� element and significant unavoidable aesthetic impacts. The project as revised would marginally reduce this aesthetic impact, although a 30 foot tall roof peak (as proposed) is still likely to at least partially block Tiburon Ridge views from Tiburon Boulevard itself, based on a review of photographs taken of the story poles for the original design. No other potentially significant aesthetic impacts were identified in the FEIR and the project revisions would not increase the severity of aesthetic impacts previously determined to be less than significant or upon which the original project was determined to have no impact. All adopted mitigation measures remain in effect and no additional mitigation is required. Air Quality The FEIR identified two potentially significant air quality impacts. The potential violation of air quality standards was mitigated to a less than significant level through standardized mitigation measures involving construction equipment, dust control, and the like. However, the FEIR concluded that conflict with an air quality plan could not be avoided as long as a general plan amendment was being sought for the project. The Town Council adopted findings of overriding consideration in approving the project with a general plan amendment. The amendment involved re-designating a portion of the project site from Open Space to Public/Quasi-public designation. The project revisions would have no impact on these effects. No other potentially significant air quality impacts were identified in the FEIR, and the project revisions would not increase the severity of air quality impacts previously determined to be less than significant or upon which the original project was determined to have no impact. All adopted mitigation measures remain in effect and no additional mitigation is required. Biological Resources The FEIR identified three potentially significant biological impacts. The first was that project development would adversely impact Railroad Marsh and plants and wildlife that inhabit or use the marsh; the second was that project development could adversely affect special status species of plants and wildlife or habitat that these species inhabit or use; and the third was potential impacts on nesting birds. These potential impacts were largely associated with the proposed parking lot improvements and associated ground disturbance in relatively close proximity to the marsh, and were mitigated to a less than significant level by a variety of mitigation measures, including exclusionary fencing and a biological restoration and enhancement plan. The project revisions would either have no impact on, or would marginally reduce these effects. No other potentially significant biological impacts were identified in the FEIR, and the project revisions would not increase the severity of impacts previously determined to be less than significant or upon which the original project was determined to have no impact. All adopted mitigation measures remain in effect and no additional mitigation is required. Town of Tiburon Addendum to Library Expansion Project FEIR July 2018 Page 4 of 8 EXHIBiTIL P. If of 11 Hydrology and Water Quality The FEIR identified five potentially significant impacts to hydrology and water quality, all of which were reduced to less than significant levels through imposition of mitigation measures. These included potential violation of water quality standards or water discharge requirements; altering existing drainage patterns or increasing the rate of runoff, exceeding the capacity of existing or planned stormwater drainage systems or providing additional sources of polluted runoff; potentially degrading water quality; and exposing people or structures to significant risk involving flooding. The project revisions would have no impact on these effects. No other potentially significant hydrological or water quality impacts were identified in the FEIR, and the project revisions would not increase the severity of impacts previously determined to be less than significant or upon which the original project was determined to have no impact. All adopted mitigation measures remain in effect. It should be noted that the flood zone maps issued by the Federal Emergency Management Agency (FEMA) have been revised since the project was originally approved; said revisions raised the base flood elevation on the project site by one foot to 10 feet North American Vertical Datum of 1988 (NAVD88). The adopted mitigation measure requiring the raising of the berm separating the library from Railroad Marsh to a minimum elevation of 10.5 NAVD88 remains in effect. In addition, as with all new construction and substantial improvement projects, the project must comply with the Town of Tiburon's Flood Damage Prevention Ordinance, which would require either flood-proofing or raised elevation for the existing structure and its additions, absent the granting of a flood variance. This general requirement would be reinforced through a modified condition of approval imposed on the project's design drawing approval. Land Use and Planning No potentially significant impacts were identified in the FEIR in this topical category, and no mitigation measures were required. The project revisions would have no impact on these already less than significant effects and no additional mitigation is required. Noise The FEIR identified three potentially significant adverse noise impacts from the project, two of which were found to be significant and unavoidable. The latter were exposure of persons to or generation of ground borne vibration or ground borne noise levels, and substantial temporary or periodic increases in ambient noise levels in the project vicinity. Both impacts were associated with construction activity during the building of the library addition. The Town Council adopted findings of overriding consideration in approving the project with these construction-related impacts. A third potentially significant impact was exposure of people to noise; this impact was reduced to less than significant levels through imposition of mitigation measures, including limits on hours of construction, muffling of heavy equipment, minimizing simultaneous use of Town of Tiburon Addendum to Library Expansion Project FEIR July 2018 Page 5 of 8 EXHIBIT p. of� noisy equipment, and the like. The scaled back project would either have no impact on or would reduce project noise impacts. No other potentially significant noise impacts were identified in the FEIR, and the scaled back project would not increase the severity of noise impacts previously determined to be less than significant or upon which the original project was determined to have no impact. All adopted mitigation measures remain in effect and no additional mitigation is required. Transportation/Traffic The FEIR identified four potentially significant transportation or traffic-related impacts, all of which were reduced to less than significant levels through imposition of mitigation measures. The potentially significant impacts included inadequate parking capacity; decreased level of service at the Mar West Street/Tiburon Boulevard intersection; inadequacy of the Tiburon Boulevard left turn pocket stacking distance onto Mar West Street; and a variety of potential impacts should widening of Tiburon Boulevard be required for lengthening of the left turn pocket from Tiburon Boulevard onto Mar West Street. Scaling back of the project by 6,000 square feet would reduce potential impacts for all four of these originally-identified potentially significant effects. Based on standardized trip generation rates, fewer library-related vehicle trips would pass through the Mar West Street/Tiburon Boulevard intersection and fewer vehicles would require use of an extended left-turn pocket on Tiburon Boulevard at that intersection under the scaled back project. The adopted mitigation measures and conditions of approval related to these three impacts would remain in place and no additional mitigation would be required. With respect to inadequate parking capacity, based on parking standards used in the FEIR the scaled-back project would have a substantially reduced effect on parking in adequacy for the combined Belvedere-Tiburon Public Library and Tiburon Town Hall uses, which share on-site parking facilities. The FEIR identified an on-site parking shortage for the originally-proposed project and required the availability of additional off-site parking spaces as mitigation. Mitigation Measure TRANS-6 identified a shortage of 53 parking spaces for the combined Town Hall and Library uses based on a 28,500 square foot library building upon project completion. The revised project now proposes a 20,500 square foot library building upon project completion. Using the FEIR standard of 2.61 vehicles per 1,000 square feet of library floor area, a 20,500 square foot library would generate demand for 54 parking spaces as compared to 74 spaces for a 28,500 square foot library (see Attachment 1; Table IV.H-6 from the Revised Draft Environmental Impact Report). Added to the Town Hall-generated demand of 31 parking spaces, the combined on-site parking shortfall for the two uses would be reduced by 20 spaces, thereby reducing the number of off-site parking spaces required by mitigation measure TRANS- 6 from 53 to 33 spaces. Modification of mitigation measure TRANS-6 to require the availability of 20 fewer off-site parking spaces, and to update the mitigation measure for clarity and to reflect Town of Tiburon Addendum to Library Expansion Project FEIR July 2018 Page 6 of 8 EXHIBIT p. L of � _ changes in property ownership of adjoining parcels, is therefore appropriate. Mitigation Measure TRANS-6 is modified to read as follows: TRANS-6: The applicant will ensure the availability of at least 33 off-site parking spaces for the Library and Town Hall use through the following actions: Public Parking Spaces 1. Create a minimum of four(4) new parking spaces along Tiburon Boulevard and/or Mar West Street; AND 2. Place a 2-hour time limit on the eight(8) currently un-timed spaces nearby on Mar West Street; AND/OR 3. Collaborate with the owner of one or more nearby pay-parking lots to establish an arrangement, subject to acceptance by the Town of Tiburon, which would allow short-term parking in some or all of the spaces in the lot or lots for potential use by Library and/or Town Hall users. Employee Parking Spaces 1. Continue the existing lease arrangement with the owner of the parking lot at 1525 Tiburon Boulevard for parking passes for Town Hall and Library Agency employees; OR 2. Collaborate with the owner of the parking lot at 1525 Tiburon Boulevard to enter into a long-term lease for parking spaces in that lot, OR to provide for a partial "decking" of the existing lot to create additional parking spaces; AND/OR 3. Secure Town approval to reserve 12-15 parking spaces in the Town-owned Beach Road tennis court parking lot at the intersection of Beach Road and Marsh Road for Town Hall and Library employees; AND/OR 4. Adopt a parking permit program that would limit parking on some or all of the nineteen (19) parking spaces on Mar West Street that are nearest to the Library to permit holders during the hours the Town Hall and Library are open. Permits would then be issued solely to Town Hall and Library staff. Other 1. Create additional on-street parking along Mar West Street in the vicinity of the Library if feasible. 2. Coordinate major events occurring at the Library and Town Hall in order to reduce the potential for overlapping events. 3. Establish agreements with nearby parking lot owners (e.g. Boardwalk Shopping Center, Tiburon Peninsula Club, etc.), to provide occasional overflow parking for unusually large or overlapping events. All other transportation or traffic-related impacts were found in the FEIR to be less than significant or to have no impact, and the project revisions would not increase the severity of transportation or traffic-related impacts previously determined to be less than significant or upon which the original project was determined to have no impact. Reducing the scale of the library expansion by 6,000 square feet would be expected to reduce any such impacts even further. Town of Tiburon Addendum to Library Expansion Project FEIR July 2018 Page 7 of 8 EXHIBIT p.a of CONCLUSION The scaled back library expansion project would not require any additional mitigation measures as no new impacts or any increase in the severity of impacts would result, and no new information of substantial importance has been introduced regarding project effects. Revisions to one mitigation measure (TRANS-6) regarding provision of additional off-site parking availability are warranted given the decrease of 6,000 square feet for the revised project. ATTACHMENTS 1. Table IV.H-6 from the Revised Draft Environmental Impact Report. NOTE: For reference purposes, the 3 volumes comprising the certified Final Environmental Impact Report for the Belvedere-Tiburon Library Expansion Project, as well as the July 2018 EIR Addendum, may be viewed on the Town of Tiburon official website using the link below. Scroll all the way to the bottom of the Helpful Forms and Documents section once the link opens. https://www.townoftiburon.org/l 56/Helpful-Forms-Documents Town of Tiburon Addendum to Library Expansion Project FEIR July 2018 Page 8 of 8 EXIIIBIT_` P. q of q ATTACHMENT 1 Table IV.H-6 Parking Anal sis Summary— ITE Parking Generation Parking Estimate Parking Surplus/ Land Use Size No. of Spaces Shortfall Parking Standard Spaces Provided Existing 10,500 sq. ft 2.61 vehicles per 1,000 27 35 +8 Libra sq. ft of GFA . Existing 4.15 vehicles per 1,000 Town Hall 7,500 sq. ft. sq. feet of GFA' 31 19 -12 Complex Subtotal Library and Town Hall Com lex 58 54 -4 Proposed 2.61 vehicles per 1,000 Expansion 28,500 sq. ft sq. ft of GFA 28,500 74 Existing 4.15 vehicles per 1,000 52 -53 Town Hall 7,500 sq. ft. sq. feet of GFA' 31 Complex _ Total 36,000 sq. ft 1 1 105 1 52 1 -53 Notes: sq. ft: square feet; GFA: gross-floor area. Source: 'Institute of Transportation Engineers. Parking Generation Yd Edition. Land Use: 590— Library and 730—Government Office Building. In this case, the average peak parking demand rate for the Library is based on suburban sites with an average square footage of 34,000 square feet of gross-floor area with the peak period demand between 3:00 and 4:00 p.m. The average peak parking demand rate for the Town Hall Complex (Government Office Building) is based on an average of 50,000 square feet of gross-floor area with the peak period demand between 9:00 a.m. and 12:00 noon. Source: Belvedere-Tiburon Library Expansion Project Revised Draft Environmental Impact Report, March 2011,p. 64 EXHIBIT p. of ORDINANCE NO. 537 N. S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ESTABLISHING REVIEW AND DECISION-MAKING PROCEDURES FOR THE BELVEDERE-TIBURON PUBLIC LIBRARY EXPANSION REVISED PROJECT AND EXEMPTING SAID PROJECT FROM ALL PROVISIONS OF THE TIBURON ZONING ORDINANCE AS SET FORTH IN TITLE IV, CHAPTER 16 OF THE TIBURON MUNICIPAL CODE The Town Council of the Town of Tiburon does ordain as follows: SECTION 1. PURPOSE AND INTENT The Belvedere-Tiburon Library Agency(BTLA) owns and operates a public library at the corner of Tiburon Boulevard and Mar West Street, on property commonly known as 1501 Tiburon Boulevard and further identified as Marin County Assessor Parcels 058-171-93, 94 and a portion of 058-171-62. In 2004, the Tiburon Town Council approved a general plan amendment, rezoning, master plan amendment, and precise plan amendment for the construction of additions to the existing Library building. The Town Council also adopted a mitigated negative declaration of environmental impact for the additions to the Library as set forth in those approvals. In September 2005, the Town Council adopted an updated general plan known as Tiburon 2020, which set forth the following policy and program regarding the Library: ➢ Downtown Element Policy DT-35: Support an appropriate expansion of the Belvedere-Tiburon Public Library adjacent to Zelinsky Park. ➢ Downtown Element Program DT-u: Facilitate expansion of the Belvedere- Tiburon Public Library by employing streamlined permit review processes typically used for major public projects. In July 2007, the Town Council entered into an agreement with BTLA to transfer property adjacent to the public improvements known as Zelinsky Park for the purpose of expanding the library as contemplated by the general plan. The Agreement provided that the Library addition project would be subject to the Town's normally applicable laws and regulations, except as may be waived or modified by ordinance of the Town Council. The Town retains its discretion to process and approve, conditionally approve or deny all land use applications as provided by law. Town of Tiburon Ordinance No. 537 N.S. Effective 03/02/2012 1 M `„eV In July 2008, the BTLA decided to pursue a substantially different project(hereinafter "Revised Project"), that proposes the primary additions to be located in the parking lot between the existing Library and Tiburon Town Hall. Legislative land use entitlements for the Revised Project are currently being processed by the Town, with Town Council approval anticipated prior to January 1, 2012. The Town Council has certified an environmental impact report for the Revised Project. The BTLA has requested, and the Town Council has initiated, the process to adopt an ordinance establishing streamlined Town review and decision-making procedures for the Revised Project, including exemption from provisions of the Tiburon Zoning Ordinance. Pursuant to the provisions of Tiburon's Zoning Ordinance, the Revised Project would be required to secure conditional use permit approval by the Planning Commission, and site plan and architectural approval by the Design Review Board(DRB)prior to the issuance of a building permit. However, the Town Council finds it appropriate to adopt this ordinance to establish a streamlined decision-making procedure for the Revised Project, because of(1) the extraordinary public interest served by the Revised Project (2) the above-listed general plan policy and program regarding the expansion of the Library; and (3) the need to preserve scarce public monies by minimizing the expense required to comply with the Town's laws and regulations while still meeting the intent thereof. SECTION 2. EXEMPTION FROM ZONING ORDINANCE The Revised Project shall be exempt from all provisions of the Tiburon Zoning Ordinance, codified as Title IV, Chapter 16 of the Tiburon Municipal Code. SECTION 3. ENVIRONMENTAL DETERMINATION Adoption of this Ordinance has no potential to result in a significant impact on the environment pursuant to Section 15061(b) (3)of the Guidelines for the California Environmental Quality Act (CEQA) and is therefore exempt from review. Furthermore, the Town has previously certified an environmental impact report for the Revised Project, and adoption of this Ordinance makes no changes to the Revised Project that would require further review under CEQA. SECTION 4. FINDINGS The Town Council finds as follows: (A) The Planning Commission held a duly noticed and advertised public hearing on December 14, 2011, at which testimony was received from the public; and thereafter recommended adoption of the ordinance to the Town Council. (B) The Town Council held a duly noticed public hearing on January 18, 2012 and heard and considered public testimony on this item. Town of Tiburon Ordinance No. 537 N.S. Effective 03/02/2012 2 EXHIBIT p. = of L°' (C) The Town Council finds that the proposed ordinance would be consistent with the goals, policies, and programs of the Tiburon General Plan, as set forth in the Staff Report dated January 18, 2012. (D) The Town Council finds that the proposed ordinance is consistent with the objectives set forth in the Zoning Ordinance. SECTION 5. REVIEW AND DECISION-MAKING PROCEDURES ESTABLISHED Development applications for the Revised Project shall be reviewed pursuant to the following procedures: (A) The Town Council shall hold one or more public meetings on the application to review and, if appropriate, approve or conditionally approve the site plan, architectural, and related drawings for the project. This review shall include the building additions, landscaping, parking and other ancillary improvements. In conducting its review and evaluation of the application, the Town Council shall utilize those guiding principles, design review guidelines,purposes and special considerations that the Planning Commission and Design Review Board would have normally applied to applications for a conditional use permit and site plan and architectural review absent the adoption of this streamlined processing procedure. (B) At any time during the process, the Town Council may, as deemed appropriate, refer the application to the Planning Commission, Design Review Board, or any other Council-appointed Committee for that body's expeditious input, recommendations, or analysis. Such referrals shall be advisory and not binding on the Town Council. (C) Prior to any work on the site, the BTLA must apply for and the Town Building Official must review and issue any building permits required by law pursuant to an approved development application. (D) Prior to any work on the site, the BTLA must apply for and the Town Engineer must review and approve an encroachment permit for any work associated with the project that is proposed on Town land or street right-of-way. (E) The processing of the applications shall be exempt from all Town planning. and permit fees except that BLTA shall pay any costs the Town incurs from outside vendors or consultants, or where the Town Manager has determined that such costs are necessary or appropriate to process the applications. Town of Tiburon Ordinance No. 537 N.S. Effective 03/02/2012 3 EXHIBIT p.,3 of _ SECTION 6. EFFECTIVE DATE This Ordinance shall take effect and be in force thirty(30) days after the date of passage and before the expiration of fifteen(15) days after its passage a copy of the ordinance shall be published, with the names of the members voting for and against it, at least once in a newspaper of general circulation in the Town of Tiburon. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on January 18, 2012 and was adopted at a regular meeting of the Town Council of the Town of Tiburon on February 1, 2012,by the following vote: AYES: COUNCILMEMBERS: Collins, Fraser, Fredericks, O'Donnell NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Doyle J JIM FRASA, MAYOR TOWN'O�TIBURON ATTEST-- J DIANE CRANE IACOPI, TOWN CLERK Town of Tiburon Ordinance No. 537 N.S. Effective 03/02/2012 4 EXHIBIT � p.__!I_ofd RESOLUTION NO. 55-2011 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING GENERAL PLAN AMENDMENTS ASSOCIATED WITH A PROPOSED EXPANSION OF THE BELVEDERE-TIBURON PUBLIC LIBRARY LOCATED AT 1501 TIBURON BOULEVARD The Town Council of the Town of Tiburon does hereby resolve as follows: WHEREAS, the Town of Tiburon is in receipt of an application(File#GPA 2008-02) for general plan amendments to modify the text of Policy OSC-20 of the Open Space and Conservation Element regarding setbacks from wetlands, and to re-designate certain lands on the Tiburon General Plan Land Use Diagram 2.2-1 as follows: 1. Approximately 16,250 square feet of land located north of and directly behind the existing BTLA property at 1501 Tiburon Boulevard and the Town Hall property at 1505 Tiburon Boulevard from Open Space to Public/Quasi-Public for the purposes of expanding the existing Library facility; and 2. Approximately 11,750 square feet of the existing Tiburon Town Hall parcel at 1505 Tiburon Boulevard from Neighborhood Commercial to Public/Quasi- Public to correct a prior mapping error; and WHEREAS, the Tiburon Planning Commission held a duly noticed public hearing on September 14, 2011, heard testimony from interested persons, and adopted Resolution No. 2011-15 making recommendations to the Town Council concerning the proposed general plan amendments; and WHEREAS, the Town Council held a duly noticed public hearing on October 5, 2011, at which testimony was received and considered from interested persons. The Town Council also received and considered the recommendations of the Planning Commission; and WHEREAS, the Town Council has previously by separate resolution certified an Environmental Impact Report for the Library expansion project, including the general plan amendments contemplated herein; and WHEREAS, the Town Council has previously by separate resolution adopted Findings of Fact pursuant to the California Environmental Quality Act and has adopted findings of overriding considerations to approve the project despite remaining significant environmental effects; and Tiburon Town Council Resolution No. 55-2011 1112/2011 1 d J 6 WHEREAS, the Town Council agrees with the Planning Commission's recommendation that the proposed amendment to Policy OSC-20 regarding a 100-foot buffer between wetlands and development is unnecessary,because the Council finds the following: 1. The policy is intended to be sufficiently flexible to permit a project that encroaches into the 100-foot setback, if the biological impact to the nearby wetland (Railroad Marsh) would be mitigated to a less-than-significant level. The Council agrees with the EIR that the proposed mitigation measures will mitigate the impact on the Railroad Marsh to a level of insignificance. 2. The project is consistent with Policy OSC-20 because the 100-foot setback specified in the Policy is not feasible at this location. A 100-foot setback line from the Marsh.shoreline is depicted at p. 80 of the Final EIR, and demonstrates that approximately 30 of the 52 spaces depicted in the proposed parking lot would encroach into the 100-foot buffer. Furthermore, there would be insufficient space to create a workable circulation flow for the remaining parking spaces, resulting in the virtual elimination of on-site parking. Even if Town required the Library to reduce the size of the expansion, the Library could not significantly reduce the extent of the encroachment. Accordingly, neither the original project nor any of the "build" alternatives examined by the EIR would be feasible if the Town requires a 100-foot buffer. 3. The presence of a 15-foot wide utility easement directly behind the existing Library building, said easement holding the outfall pipe for the multiple-agency Sewerage Agency of Southern Marin(SASM), further limits other opportunities for structural expansion behind the Library building. WHEREAS, the Town Council finds that the proposed General Plan amendments are, on balance, consistent with the goals and objectives of the Tiburon General Plan, as set forth in the certified EIR for the project and the staff reports dated September 14, 2011 and October 5, 2011. Specifically, the Town Council finds that the public library use would serve a very broad segment of the Tiburon Peninsula's population and is reasonable justification for the necessary general plan amendments. NOW, THEREFORE BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby amend General Plan Diagram 2.2-1 (Land Use Diagram) to re- designate the approximately 16,250 square feet of land, as depicted on attached Exhibit "A", comprising a portion of Lot 10 of the Point Tiburon Subdivision, from OS (Open Space) to P (Public/Quasi-Public). BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon does hereby amend General Plan Diagram 2.2-1 (Land Use Diagram) to re-designate the approximately 11,750 square feet of land, as depicted on attached Exhibit`B", comprising a portion of Marin County Assessor Parcel 58-171-92, from NC (Neighborhood Commercial) to P (Public/Quasi-Public). Tiburon Town Council Resolution No. 55-2011 11/2/2011 2 EXHIBIT tri P.—I of I BE IT FURTHER RESOLVED that the above amendments are approved for the purpose of constructing an expansion to the Belvedere-Tiburon Public Library facility, and that such expansion shall be subject to the following conditions, said conditions to be fulfilled as part of or incorporated into any approval of subsequent detailed site plan and architectural drawings for the library expansion project: 1) The conceptual expansion plans associated with these approvals are the drawings (14 sheets) dated October 5, 2011,prepared by EHDD Architecture, depicting the Refined Alternate D project. Said drawings, date-stamped "Received September 28, 2011 Planning Division" are available for review in the offices of the Town of Tiburon Community Development Department. The building design and architecture shown on said drawings shall be revised to reduce the excessive mass,bulk and scale as viewed from Tiburon Boulevard. These revisions will likely require square footage reductions prior to approval of detailed site plan and architectural drawings by the Town Council. The Town Council intends that these design and architectural revisions will reduce the significant view blockage impact of the Tiburon Ridge from Tiburon Boulevard. 2) A Native American monitor and a qualified archaeologist shall be present during construction grading and trenching. In the event that additional subsurface archaeological resources are encountered during the course of grading and/or excavation, all development shall temporarily cease in these areas until the Town's Planning Division is contacted and a qualified archaeologist properly assesses the resources and makes recommendations for their disposition. Prehistoric archaeological site indicators include: obsidian and chert flakes and chipped stone tools; grinding and mashing implements (e.g., slabs and handstones, and mortars and pestles); bedrock outcrops and boulders with mortar cups; and locally darkened midden soils. Midden soils may contain a combination of any of the previously listed items with the possible addition of bone and shell remains, and fire affected stones. Historic period site indicators generally include: fragments of glass, ceramic, and metal objects; milled and split lumber; and structure and feature remains such as building foundations and discrete trash deposits (e.g., wells,privy pits, dumps). Construction activities could continue in other areas. If any findings are determined to be significant by the archeologist, they shall be subject to scientific analysis; duration/disposition of archaeological specimens as agreed to by the Native American community, land owner, and the Town; and a report prepared according to current professional standards. The project sponsor shall bear all reasonable costs associated with such monitoring, assessment, and disposition of artifacts. Tiburon Town Council Resolution No. 55-2011 11/2/2011 3 EXHIBIT p. �`3 of I 3) If human remains are encountered, excavation or disturbance of the location shall be halted in the vicinity of the find, and the county coroner contacted. If the coroner determines the-remains are Native American, the coroner shall contact the Native American Heritage Commission. The Native American Heritage Commission shall identify the person or persons believed to be most likely descended from the deceased Native American. The most likely descendent shall make recommendations regarding the treatment of the remains with appropriate dignity. 4) To secure an additional water entitlement, the project sponsor shall complete a Water Service Application and pay any required fees or the project sponsor shall transfer an unused entitlement from another site. 5) Prior to issuance of a building permit,the Town and Library Agency shall agree upon, and the Library Agency shall pay to the Town, a reasonable monetary contribution toward signalization or other safety and/or capacity improvements, including possible installation of a rotary/traffic circle, at the Tiburon Boulevard/Mar West Street intersection. 6) Any detailed site plan and architectural drawings subsequently submitted pursuant to this approval shall depict parallel parking spaces along Tiburon Boulevard in front of the pedestrian plaza area proposed between Tiburon Town Hall and the Library addition. The Town Council may, in its sole discretion, choose to establish a"no parking zone" along Tiburon Boulevard, approximately 40 feet in length, in this area. 7) The project sponsor shall absorb all reasonable costs for the relocation of the Landmarks Society's pictorial exhibit located near the intersection of Tiburon Boulevard and Mar West Street to another appropriate location, if feasible, to approximate the vantage point shown in the pictorial exhibit. 8) A minimum of two (2)handicap-accessible parking spaces shall be installed along the Tiburon Boulevard frontage of the project to off-set the loss of such spaces in close proximity to the Town Hall front entrance. The Library Agency shall be responsible for all costs associated with installation of these parking spaces, including any ramps between the street and plaza levels that may be necessary to accommodate wheelchairs. 9) Prior to issuance of a building permit, applicant will create or fund additional parking spaces that shall be available to Library and Town Hall visitors during business hours. This may be through a long-term parking agreement with other property owners; through the securing of a long-term agreement whereby short-term parking for public use will be available in the adjacent lot at 1525 Tiburon Boulevard; through the creation of new Tiburon Town Council Resolution No. 55-2011 11/2/2011 4 EXHIBIT p. - of ! public parking spaces proximate to the project on nearby streets or elsewhere, or through other equivalent methods. The number of parking spaces to be created or funded shall be based on a ratio of one space per each 1,000 gross square feet of Library addition constructed. BE IT FURTHER RESOLVED that the Town Council hereby adopts a Mitigation Monitoring Program (MMP) for the Library Expansion Project, said MMP being attached as Exhibit"C"hereto and incorporated herein. Said Library Expansion Project includes applications GPA 2008-02, R 2008-01, 30804, 40801 and all trailing and/or subsequent permits issued pursuant thereto and in reliance thereon. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on November 2, 2011,by the following vote: AYES: COUNCILMEMBERS: Collins, Fraser, Fredericks, O'Donnell & Slavitz NOES: COUNCILMEMBERS: None ABSENT: COUNCILMFMBERS: None JEF S', VITZ, M YO TOWN OF TIB ATTEST: DIANE CRANE COPI, TOWN CLERK Attachments: Exhibits "A", "B", and "C" Tiburon Town Council Resolution No. 55-2011 11/2/2011 5 EXHIBIT P.--51 of 16 MITIGATION MONITORING PROGRAM BELVEDERE-TIBURON LIBRARY EXPANSION PROJECT INTRODUCTION The California Environmental Quality Act (CEQA) requires a public agency to adopt a monitoring program when approving a project in order to mitigate or avoid significant effects on the environment (Public Resources Code section 21081.6). The program is based on the findings and the adopted mitigation measures presented in an Environmental Impact Report (EIR) that has been prepared on the project and certified by the lead agency. The program must be designed to ensure compliance during project implementation. .Pursuant to the CEQA Guidelines, a Mitigation Monitoring Program (MMP) must cover the following: The MMP must identify the entity that is responsible for each monitoring and reporting task, be it the Town of Tiburon (as lead agency), other agency (responsible or trustee agency), or a private entity (i.e., the project sponsor). The MMP must be based on the project description and the required mitigation measures presented in the environmental document prepared for the project and certified by the lead agency. • The MMP must be approved by the lead agency at the same time of project entitlement action or approvals. MMP's are typically designed in chart and checklist format for ease of monitoring. PURPOSE AND USE OF THE MONITORING PROGRAM The purpose of the monitoring program is to provide the Town of Tiburon with a simple guideline of procedures to ensure that the required mitigation measures are implemented. Since each required mitigation measure must be implemented, a monitoring chart was created,which is attached hereto. This chart provides the following information and direction for use. 1) The mitigation number from the Final EIR is listed in the first column. 2) The required mitigation measures are listed in the second column. 3) The third column lists the timing as to when the mitigation measure is to be implemented. 4) The fourth column lists the agency or entity responsible for implementing the mitigation measure. 5) The fifth column lists the monitoring agency or entity. 6) The sixth column lists the sanctions if the mitigation measure is not implemented. Belvedere-Tiburon Library Expansion Project r� Mitigation Monitoring Program x-HIBIT EXHIBIT p. of ((a Belvedere-Tiburon Library Expansion Project A9ifi anon lvlonitorinq Pro ram hloni(ored By Non-Compliance Sanction lmpfementation Schedula Implemented by ar h4ifigafion mi TIGATION NumUer No issuance of Start: Onset of site Project Sponsor Building Division permit;stop-work 1V.0 AIR QUALITY �y AQ-2a Construction Emissions: Implementation of the following measures would development and construction order,penalties and reduce airborne dust by reducing and controlling loose soils in areas p contractor corrective action for subject to dust creating activity. As a condition of the construction Coat tete: Completion of site any violations contracts, the project sponsors shall require that construction contractors development follow these construction practices: a. Water all active construction areas at least twice daily. sH-a b. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard_ c. Pave, apply water three times daily, or apply non-toxic soil stabilizers on all unpaved access roads, parking areas,and staging areas at the construction sites. d. Sweep daily(with water sweepers)all paved access roads,parking areas,and staging areas at the construction sites. e. Sweep public streets adjacent to construction sites daily(will)water sweepers)if visible soil material is carried onto the streets. f. Hydroseed or apply non-toxic soil stabilizers to inactive construction areas(previously graded areas inactive for ten days or more). g. Enclose,cover,water Nvice daily,or apply non-toxic soil binders to exposed stockpiles(dirt,sand,etc.). h: Limit traffic speeds on unpaved roads to 15 miles per hour. 1. Install sandbags or other erosion control measures to prevent silt runoff to public roadways. , j. Replant vegetation in disturbed areas as soon as possible. k. Wasli off the tires or tracks of all trucks and equipment leaving [tie construction site. I. Install wind breaks at the windward sides of the construction areas M. Suspend excavation and grading activities when wind (as instantaneous qusts)exceeds 25 miles per hour. Stop work IV.D BIOLOGICAL RESOURCES Building Division order,; enalties;and BIO-1a The project shall not damage native vegetation in the buffer zone_ The Start: Prior to issuance of Project Sponsor Town Engineer bounds of the buffer zone shall be staked and fla ed in the field with a radio ermit Town or Tiburon Belvedere-Tiburon Library Expansion Project A,itigation Monitoring Program Belvedere-Tiburon Library Expansion Project d9iii ation h4onitorin Pro ram implemented by Monitored 8y Non-Compliance Sanction fmpfementaaon Schedufe 6fitigation miTIGATION Nutnbar corrective action for violations highly visible color coded system and all construction and equipment complete: Completion of site operators shall be instructed to remain outside this no-disturbance development boundary for the duration of construction. j P Town Engineer & pe issuance of Building Division permit;stop-work BIO-16 The area between the proposed Library expansion and Railroad Marsh-shall Start: Prior to issuance of project Sponsor order,penalties and be enhanced to improve habitat value and to protect sensitive riparian, g corrective action for 1 buffer,marshland and open water habitats.A restoration and enhancement late: Completion of site any violations 1 plan shall be prepared by a qualified wEti nd biologist be responsible to olhepjectfor GQrnopment awe receiving a grading permit. The app implementing that plan.The plan shall at least include: H w Requirements for removal and monitoring of acacia, eucalyptus, pampas grass, French broom, Himalaya berry, poison hemlock, Curly dock, and fennel within the buffer. It will establish the monitoring protocol and follow-up actions needed for seedling and resprout removal. Guidelines for replanting the buffer. The replanting plan should be consistent with the marsh management plan that recommends planting low-growing species such as soft rush (Juncus effuses) along the waterline area and coyote brush (Baccharis pilularis) on the adjacent upland. Maintenance guidelines regarding whether mowing or cutting of vegetation in the buffer should occur and when. A tree and shrub plant list for other landscaped areas on the north side of the buildings and parking lot_ Native trees and shrubs will be used to the maximum extent feasible. The plan shall be submitted for review to CDFG and amended consistent Engineer Stop work with lila department's recommendations. order,;penalties;and BIO-1c A 3-foot high fence shall be installed at the inland edge of the buffer S{art: Conclusion of site Project Sponsor Town n9 corrective action for along the project's interface with the buffer. Public access and use grading violations of the buffer will be prohibited.The signage shall state that humans Complete: Completion of site and dogs are not allowed between the fence and the marsh- development _ Signage may provide information on the history of the marsh,habitat and species com osition as well as the sensitivi of these habitats To,vn of Tiburon Belvedere-Tiburon Library Expansion Project 1 mitigation monitoring Program OI— Belvedare-Tiburon Library Expansion Project Monitored By Non-Compliance Sanction � Mitt ation Monitoring Program /nplemenled by ty l ImpfementatJon Schedule O Mifi9alion MITIGATION Nurnber 1 and the need to restrict human and dog intrusion into the marsh under No issuance of Biologist permit;stop-work area. contract to the Town P penalties and Sponsor of Tiburon and order,p BIO-2a The project shall not injure or destroy habitat used by California re pable o Start: Prior ie start of site project p Planning Division corrective action for frogs(CRLF). To accompli sh this standard,a qualified biologist,9 epdab feo9s development ally violations monitoring projects with potential habitat for California red-leg Completion of site (GREE) shall be present at the site to implement the following measures. Complete'. Comp s-a This mitigation plan will be o reviewed by the U.S. Fish and Wildlife Serviceect development and the California Department of Fish and Game prior to any p j r�+ construction. These agencies will revise, delete, or add measures as needed to prevent the take of CRLF. 1. Prior to and within 3 days of installation of the exclusion fencing (type Lc) be determined through consultation with CDFG and USFWS), the cation for the installation for the presence of biologist shall survey the lo CRLF. in addition, should any burrows be observed,the burrows shall be inspected by the biologist to determine if it is being used by the species. Should CRLF be observed, the area shall be vacated and re-inspected in one week. if no animal use is noted, the burrows shall be carefully excavated using a small trowel or shovel. Careful prodding using a blunt object will aid in determining the course of the tunnel such that the tunal for alis is excavated from the sides rather than the top, reducing the p t injury should an animal be present. Excavated burrows with no CRLF shall be left open so they re located,they shall cannot non-listed be trnslo aced outside of the constructionzo e. Should any individual CRLF be found during the field survey or excavation,the area where that individual has been found shall remain undisturbed. if any life stage of the CRLF is found, during these surveys or excavations, the Department of Fish and Game and the US Fish and Wildlife Service shall be contacted immediately, and activities that could result in take shall be actions are taken to allow project activities to postponed until appropriate continue. 2- During installation of the construction zone exclusion fencing, the biological monitor shall be present and will oversee the installation of all construction fencing. The exclusionary fencing Shall be installed along the marsh boundary first, leaving the southeastern property boundary,open ro,,,n ofTburon that if an animals are within the construction zone, the will have the Halvedere-Tiburon Library Expansion Project blifigafion AIonilOnng Program Belvedere-Tiburon Library Expansion Project 44iti anon Monitorin Pam tmptemented by trlonitoied By tJon-Compliance Sanction implementation Schedul ®I Mitigation minGAT10N Plumbar ' Q Opportunity to move out of the area freely. Once it is confirmed that no animals remain within the project boundary, the remaining exclusionary fencing shall be placed. 3. Immediately following installation of exclusion fencing, the biological monitor shall survey the enclosed construction zone for the presence of CRLF. If any life stage of the CRLF is found during these surveys, the Department of Fish and Game and the U.S. Fish and Wildlife Service shall be contacted immediately, and activities that could result in take shall be e-a r—a postponed until appropriate actions are taken to allow project activities to continue. d. The biological monitor shall be present at all times during restoration area planting activities outside the construction zone and within the buffer area,to monitor for the presence of CRLF. 5. The biological monitor shall prepare a training document in both English and Spanish about the animals of concem, their identification, and the methods of avoidance and reporting requirements and procedures, should the species be observed. The document shall provide photographs of the species and notification numbers for the monitor, the Department of Fish and Game, and the U.S. Fish and Wildlife Service. The training document and contact information for the monitor shall be posted at the construction zone and maintained in the monitoring log. Every contractor, sub-contractor and construction worker shall be provided a copy of the training document in advance of their respective construction activities and shall be required to adhere to its contents. B. A highly visible warning sign shall be installed along the project perimeter.The waming sign shall be in English and Spanish and shall state: "Stay Out-Habitat Area of Federally Protected Species." A document drop shall be attached to several warning signs and stocked with a supply of training documents. 7. The biological monitor shall conduct weekly site visits when --- construction is occurring to verify that all construction zone exclusions Town of Tiburon Belvedere-Tiburon Library Expansion Project (( mitigation Monitoring Program + Belvedere-Tiburon Library Expansion Project Pro ram al%onMrMii% lmplemenled by Afonifered By Non-Compliance Sanction lmpfementalion Schedule _ hlifigafion IXTIGP.TION NurnDar .�,I fencing is in place and functioning as intended. Any repair or maintenance to the fencing deemed necessary by the biological monitor shall be completed under the monitor's supervision. Such maintenance activities include adequate removal of vegetation at the construction fence line to I ensure that vegetation "ladders" for species access are not allowed to I establish. t'e 8. Once construction activities are complete, the exclusion fencing shall p�-a be removed under the supervision of the biological monitor. Prior to the removal of the buffer area/restoration area fencinb,permanent exclusionary „. measures shall be put in place to prevent special status species movement beyond the buffer areas. Wildlife movement through the site shall be facilitated via the buffer zone established between the exclusionary fencing and the marsh_ 9. The general contractor shall assign a crew member that will be responsible for conducting site inspections, monitoring gate opening and closing, and assuring that other species protection measures are in place and being enforced when the Biological Monitor is not present. The crew member shall adhere to the procedures contained in the training document and shall be encouraged to contact the biological monitor should any violations be noted or listed species observed on-site. 10. The biological monitor or the crew members mentioned in Paragraph 9 above has the authority to halt all or some construction activities and or modify all or some construction methods as necessary to protect habitat and individual sensitive species. The monitor shall be responsible for contacting USFWS should any endangered or threatened species be observed within the construction zones. 11. The biological monitor shall complete daily monitoring reports for each day present, to be maintained in a monitoring log-book kept on site. Reports must contain the data and time of work, weather conditions, biological monitor's name, construction or project activity and progress performed that day, any listed species observed, any measures taken to repair and or maintain fencin , and any construction modifications required Town of Tiburon Selvedera-Tiburon Library Expansion Project 69lfigafion hfonitoring Program Belvedere-Tiburon Library Expansion Project A,7itigation 69onitoring Program Implemented by Monitored By No Sanction Implementation Schedule '�`j Miligalion MITIGATION Number book with compiled reports shall bej to protect habitat. The monitor ng log f o issuance of submitted to the Town of Tiburon upon cessation of construction as part of a permit;sto work construction monitorin re ort. contract to the Town P p �. of Tiburon and order,penalties and BIG-2b The project shall not injure or�dest ohis sbanat datrdeany active salt marsh salt marsh developmrent t� start of site Project Sponsor of Tib is un e corrective action for common yellowthroat. To acct p Planning Division common yellowthroat, raptor, or other nests in the vicinity of proposed any violations grading shall be avoided unlit young birds are able to leave the nest(i.e., Complete: Completion of site fledged)and forage on their own. Avoidance may be accomplished eeriod development by scheduling grading and tree removal during the non-nesting p —a (September through February),or if this is not feasible,by conducting a pre- construction survey for raptor nests. Provisions of the pre-construction survey and nest avoidance,if necessary,shall include the following:. 1. If grading is scheduled during the active nesting period(March through August),a qualified wildlife biologist shall conduct a pre-construction nesting survey no more than 14 days prior to initiation of grading to provide confirmation on presence or absence of active nests in the vicinity. 2 If active nests are encountered, species-specific measures shall be prepared by a qualified biologist in consultation with FG and implemented to prevent nest abandonment. At a minimum, grading in the vicinity of the nest shall be deferred until the young birds have fledged. A nest-setback zone of at least 300 feet shall be established for raptors and 100 feet for other birds within which all construction-related disturbances shall be prohibited. The perimeter of the nest-setback zone shall be fenced or adequately demarcated (e-g. high visibility fencing, staking or flagging), and construction personnel restricted from the area. 3'. If permanent avoidance of the nest is not feasible, impacts shall be minimized by prohibiting disturbance within the nest-setback zone until a qualified biologist verifies that the birds have either a)not begun egg-laying and incubation, or b) that the juveniles from the nest are foraging independently and capable of independent survival at an earlier date. A survey report by the qualified biologist verifying that the young have fledged _ shall be submitted to the Town of Tiburon and CDFG prior to initiation of radio in the nest-setback zone. Town of Tiburon Belvedere-Tiburon Library Expansion Projact f iwiligation monitoring Piograrn Belvedere-Tiburon Library Expansion Project Mitis attar hloriitOlInil P!O lard implemented by Afonitored 9y Non-Compliance Sanction lmpiemenfauon Schedule cp.., laifigation t�JJT(3AT1oN Number Start: Prior to issuance of Project Sponsor Town Enginaer No issuance of 1 IV.E HYDROLOGY AND WATER QUALITY permit;stop-work IlYDRD- Prepare and implement an erosion control plan and SWPPP for the gradinermit order,penalties and la construction phase of the project, in accordance with NPDES permit 9 g P corrective action for will describe methods For preventing discharge Com lete: Prior to first rainy any violations requirements_The SWPPP of construction and post-construction related pollutants to the Town's season following initiation of municipal slormwater system and to Railroad Marsh. The plan should ro est construction i outline specific methods for minimizing exposure of graded areas adjacent P J to Railroad Marsh, and construction activities for portions of the project r-a adjacent to the Marsh shall be limited to the,dry season (May through Town.Engineer No issuance of September). Start: Prior to issuance of Project Sponsor permit;stop-work HYDRO Prepare a Stormwater Control Plan (SCP), following the procedures rading permit order,penalties and 1b outlined by ivMCSTOPPP. The SCP shall include the project SWPPP 9 corrective action for (see Mitigation Measure HYDRO-la above) as well as a description Complete: Prior to first rainy any violations of post-construction BMPs being implemented. Bioretention features season follow initiation of will be designed following the guidance found in MCSTOPPP's project construction stormwater quality manual and the California Storm Water BMP Handbook for New and Redevelopment_ If it is determined that pervious pavement is not feasible for the parking area, additional bioretention features or area will be included to treat all imperious surfaces within the new parking area, and the library bioretention features shall be designed to treat all rooftop area of the new library expansion. Bioretention facilities and areas of pervious pavement shall include an underdrain system due to the clayey nature of the No issuance of soil on as well as the presence of near-surface groundwater- permit until peak flow HYDRO- Upon completion of the final project design and prior to Town approval,the 5Peomitto issuance .of Project Sponsor Town Engineer rates.demonstrated 4a applicant shall complete a site drainage study to quantity the effects of the grading P to be at or below pre increased impervious surfaces on the 100-year peak runoff from the project lete: Prior to first rainy project levels site. If the study identifies increases in 100-year peak flow, specific design Comp season following initiation of -ye measures shall be incorporated into the project to reduce peak flow rates for proest construction the 'too-year event to at or below pre-project levels. Design measures to P J control runoff may include the expansion of areas underlain by permeable pavement, reduction in impervious surface area, andlor enlargingladding water quality or other stormwater control features to provide additional detention. The results of this stud shall be submitted to.the Town of 7,0,,,n ofTburon Belvedere-Tiburon Library Expansion Project Mitigation Monitoring Program Belvedere-Tiburon Library Expansion Project i Mitigation(vlOnitOfln Pto ra�Imp)am�entadby Monitored By Non-Comprrance Sanction implementation Schedule Mitigation MITIGATION Number Town Engineer No issuance of Tiburon for approval. permit unless 4 HYDRO- The final drainage map for the Tiburon Library project shall be reviewed by Start: Prior to issuance of Project sponsor sufficient capacity ab the Town engineer to verify that where the project has increased the grading permit demonstrated drainage area to any individual storm drain,that drain has sufficient capacity Prior to first rainy —r to receive the estimated increase in flows without flooding- If individual Complete., a.r storm drain capacity is not sufficient, then potential flow to that storm drain sea ecsO t constructionltnitialion of p shall be reduced to below capacity by increasing pervious surfaces, p 1 incorporating swales or other means of detention/retention, or rerouting flows to storm drains that have sufficient capacity. No iSSUanoB of permit;stop-work t-iYDRO- The project shall incorporate a continuous berm of no less than g� the gradingapermit corrective action for feet Start Pflof tD issuance Of order,penalties and Project Sponsor own Engineer 9 NAVD88 in elevation to maintain the existing separation Railroad Marsh and the library building. The elevation of the landscaped any violations area east of the proposed parking lot shall be raised so that the crest of the Complete: Prior initiation first rainy area is the same elevation as the existing pathway east of the project site sea so[construction of X0.5 feet NAVD88). Building Division No issuance of IV.G NOISE Start: Prior to issuance of a Project Sponsor permit;stop-work NOISE- Construction of the proposed project shall be restricted to the hours of 7:00 rading permit or building order,penalties and 1a to 1g A.M. to 5:00 P.M. Monday through Friday, and 9:30 A-M. to 4:00 P.M. on gra 1 corrective action for Saturdays. Only quiet work is allowed to be performed on Saturdays, such P any violations that noise From any source associated with the permitted work,including but Complete: Completion of not limited to construction activity, amplified sound, and worker's voices ro ect development shallwork covered by a nibeyond nnprop y rmit shall not performed on Sunday an peholidays observed by the P 1 Town of Tiburon. Noise and groundborne vibration consirt.tction activities whose specific location on the project site may be flexible(e.g., operation of compressors and generators, cement mixing, general truck idling)shall be conducted as far as possible from the nearest noise-and vibration-sensitive land uses. Construction activities shall be scheduled so as to avoid operating several pieces of equipment simultaneously,which causes high noise levels. The use of those pieces of construction equipment or construction methods with the greatest peak noise generation potential shall be minimized- Examples include the use of drills and tractors. Town of Tiburon Belvedere-Tiburon Library Expansion Project Alitigation Monitoring Program � 0 Belvedere-Tiburon Library Expansion Project , Miti ation Monitorin Pro ram Mitigation - fmplemenfafion Schedule lmplemenred by Monitored 8y Non-Compliance Sancrion I Number MITIGATIONrI The project contractor shall use power construction equipment with state-of- I the-art noise shielding and muffling devices. I( Barriers such as plywood structures or flexible sound control curtains shall be erected between the proposed project and sensitive receptors to --a minimize the amount of noise to the maximum extent feasible during construction. All construction truck traffic shall be restricted to truck routes approved by the Town,which shall avoid residential areas and other sensitive receptors to the extent feasible. IV.H TRAFFIC TRANS- The applicant will ensure the availability of at least 53 off-site parking spaces for Start: Upon final discretionary Project Sponsor and Town Planning Division and No issuance of building 6 Library and Town Hall use through the following actions: approval Town of Tiburon Department of Public Works permit and/or occupancy Public Parking Spaces 1.Create a minimum of four new parking spaces along Tiburon Boulevard and/or Mar Complete: Prior to occupancy of addition West Street;AND 2.Place a 2-hour time limit on the 8 currently un-timed spaces on Mar West Street; AND/OR 3.Collaborate with Main Street Properties to establish an arrangement to allow short- t&rn parking (as opposed to the current fixed-fee all-day parking) in some of the spaces on their lot. Employee Parking Spaces 1.Continue the existing teasing arrangement;OR 2.Collaborate with Main Street Properties to enter into a long-term lease for parking spaces in Lot 3,OR to provide for a partial"decking"of the existing lot to provide, additional parking spaces;AND/OR 3. Reserve 12-15 parking spaces at the Town-owned Beach Road Tennis Court Parking Lot at the intersection of Beach Road and Marsh Road for Town and Library employees:AND/OR 4.Adopt a parking permit program that would limit parking on some or all of the 19 spaces that are nearest the Library on Mar West Street to permit holders during the hours the Library and Town Hall are open. Permits then would be issued solely to Town and Library staff. Other 1. Create additional on-street parking along the east side of Mar West Street if feasible. 2. Coordinate major events at the Library and Town Hall to reduce overlapping events. Belvedere-Tiburon Library Expansion Project Town of Tiburon Mitigation Monitoring Program Beivedere-Tiburon Library Expansion Project Mid ation Monitorin P, rare Im lemen(ed by A�on;r—or—ad—By Non-Compliance Sanc(ion 'implementation Schedule P Mi(igation ' rJunmer M1fIT/GA TION 3. Establish agreements with nearby parking lot owners(e.g.,Boardwalk Shopping Center,Tiburon Peninsula Club;-Main Street Properties)to provide g , occasional overflow parking for unusually large or overlapping events. Not Applicable TRANS- The intersection of Mar West Street and Tiburon Boulevard satisfies a peak hour Start: When signa"zation is Town Engineer fTFo—%1:1;t::: er PP 8 traffic signal warrant[under the cumulative buildout scenario]and shall be included in warranted the Town's list of intersections that are considered for traffic signal installation.The Town shall employ their own criteria, for ranking and prioritization, including other Gompfete: When sufficient fees signal warrants and accident history,when considering the need and timing for traffic are available for implementation -e signal installation. —a TRANS- The existing eastbound left turn lane on Tiburon Boulevard leading to Mar West he Library ry add tiondng construction of Project Sponsor ngineer&Caltrans No occupancy of addition 9 Street shall be lengthened to meet Caltrans requirements for left turn lanes for the measured traffic volume. The lengthening shall be completed prior to the occupancy Complete: Prior to occupancy of the C� of the addition. Library addition Town of Tiburon Belvedere-Tiburon Library Expansion Project Mitigation Monitoring Program O RESOLUTION NO. 26-2012 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING SITE PLAN AND ARCHITECTURAL DRAWINGS FOR THE BELVEDERE-TIBURON LIBRARY EXPANSION PROJECT ON PROPERTY AT 1501 AND 1505 TIBURON BOULEVARD ASSESSOR PARCEL NOS. 058-171-92 93 & 94 AND A PORTION OF 058-171-62 WHEREAS, the Belvedere-Tiburon Library Agency("Library Agency") has proposed to expand its existing 10,500 square-foot Belvedere-Tiburon Public Library building,which would increase the floor area of the building by 16,000 square feet to a total of 26,500 square feet (the"Project"); and WHEREAS, on February 1, 2012 the Town Council adopted Ordinance No. 537 N.S. establishing review and decision-making procedures for this Project. The ordinance exempts the Project from provisions of the Zoning Ordinance but requires the Town Council to review the site plan and architectural drawings for the project at a public meeting prior to any approval; and WHEREAS, on July 25, 2012, the Town Council held a public meeting to review the site plan and architectural drawings for the Project; and WHEREAS, an environmental impact report was prepared for the Project and on October 5, 2011 was certified as having been completed in compliance with the California Environmental Quality Act and applicable local guidelines; and WHEREAS, after hearing all testimony and reviewing all documents on the record,the Town Council found that the Project, as conditioned, is consistent with the goals and objectives of the Tiburon General Plan and is in compliance with criteria of review and other provisions set forth in Ordinance No. 537 N. S; and WHEREAS, the Town Council certified an environmental impact report for the Library Expansion project on October 5, 2011 and has determined that no additional environmental review is required for this trailing permit. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby approve the site plan and architectural drawings for the Project, subject to the following conditions: 1. All conditions of approval and mitigation measures contained in and/or adopted by Town Council Resolution 55-2011 are fully incorporated herein by reference,with the exception of Condition No. 1 of said Resolution, that condition having been determined by the Town Council to be satisfied in the design drawings approved herein. By request of the - Town Council, the applicable parking-related conditions and mitigation Town Council Resolution No. 26-2012 Adopted August], 2012 1 f w. I . FrNO.-T , a.� .. measures adopted in Resolution No. 55-2011 are excerpted and attached as Exhibit C hereto for informational purposes. 2. Prior to issuance of a building permit, the Library Agency and Town of Tiburon shall enter into an agreement regarding reciprocal access and use rights in the parking lot; maintenance of shared facilities and grounds,and any other matters deemed necessary or appropriate by the Town Attorney. 3. The Project shall be in substantial conformance with the Site Plan,Floor Plans, Roof Plan, Exterior Elevations, Landscape Plans and Detail Drawings, and Color Palette (15 sheets, dated July 5, 2012), modified as follows: a. The Founder's Room portion of the proposed expansion shall be moved back from Tiburon Boulevard approximately two and one- half feet, as shown on Alternative 1 drawings presented to the Town Council on August 1, 2012 and dated"Revised August 1, 2012." b. The Tiburon Boulevard entry to the project shall be modified to reduce a cluttered appearance arising from numerous other nearby doorways, and to enhance its prominence and visibility as a major public entrance to the building, as shown on Alternative 1 drawings presented to the Town Council on August 1, 2012 and dated"Revised August 1, 2012." C. The Teen Room portion of the expansion shall be revised as shown on Alternative 1 drawings presented to the Town Council on August 1, 2012 and dated"Revised August 1, 2012." The above-referenced drawings, as modified herein, constitute the approved site plan and architectural drawings for the Project. Said drawings are on file and available for public review at Tiburon Town Hall during regular business hours. Any future substantial modification to the approved drawings, as determined in the reasonable discretion of the Director of Community Development, shall receive Town Council approval. 4. The Project shall be in substantial conformance with the Site Plan,Floor Plans, Roof Plan, Exterior Elevations, Landscape Plans and Detail Drawings, and Color Palette (15 sheets, dated July 5, 2012), which constitute the approved site plan and architectural drawings for the Project. Said plans are on file and available for public review at Tiburon Town Hall during regular business hours. Any substantial modification to the plans, as determined in the reasonable discretion of the Director of Community Development, must receive Town Council approval. I 5. Prior to any work on the site,the Library Agency must apply for and the i Town Building Official must review and issue any building permits - required by law pursuant to an approved development application. Project Town Council Resolution No. 26-2012 Adopted August], 2012 2 EXHIBIT P. I of I I elements shown on building permit drawings submitted to the Building Division for plan check shall be essentially identical to those project elements shown on drawings approved by the Town Council, as amended by this Resolution. The Library Agency is responsible for clearly identifying on building permit drawings any and all changes to project elements. Such changes must be clearly highlighted(with a"bubble"or "cloud") on the drawings. A list describing in detail all such changes shall be submitted and attached to the building permit drawings,with a signature block to be signed by the Planning Division Staff member indicating whether these changes have been reviewed and are approved, or will require additional review prior to approval. Any such changes that have not been explicitly approved by the Town shall not be"deemed approved"if not highlighted and listed on building permit drawings. Construction of any such un-approved project elements is in violation of permit approvals and may be subject to Stop Work Orders and removal. 6. A copy of the Planning Division's "Notice of Action" including the attached"Conditions of Approval"for this project shall be copied onto a plan sheet at the beginning of the plan set(s) submitted for building permits. 7. With submittal of the building permit application, the Library Agency shall comply with the Town's Flood Damage Prevention Ordinance (Chapter 13D of the Municipal Code). Applicant shall submit to the Building Official for review and acceptance a Flood Elevation Certificate prepared consistent with current FEMA regulations demonstrating that the Library addition and the existing Library building lowest floor elevations are at or above 11 feet NAVD of 1988 and would comply with the Town's Flood Damage Ordinance provisions. Alternatively, the Library Agency may submit an approved Letter of Map Amendment(LOMA) from FEMA indicating that the project is not located in the 100-year flood hazard zone. 8. A construction sign shall be posted on the site during construction of the Project, in a location plainly visible to the public. The sign shall be 24" x 24" in size and shall be made of durable, weather-resistant materials intended to survive the life of the construction period. The sign shall contain the following information:job street address; work hours allowed per Chapter 13 of the Tiburon Municipal Code; builder (company name, city, state, ZIP code); construction manager (name and phone number); and emergency contact (name and phone number reachable at all times). The sign shall be posted at the commencement of work and shall remain posted until the contractor has vacated the site. 9. Prior to under-floor inspection, a certified survey of the structure foundation will be required. Required documents shall include: 1) graphic documentation accurately locating the building on a site plan; 2) specific distances from property lines and other reference points to the foundation as appropriate; and 3) elevations relative to mean sea level of the Town Council Resolution No. 26-2012 Adopted August 1, 2012 3 EXHIBIT p. �L of 16 foundation walls and slabs. No additional progress inspections will be provided until the survey results have been verified. 10. Prior to the issuance of final building inspection sign-off or certificate of occupancy, all landscaping and irrigation shall be installed in accordance with approved plans. The installation of plantings and irrigation shall be verified by a Planning Division field inspection prior to final sign-off. 11. All exterior lighting fixtures must be downlight type fixtures. Reduced lighting along exterior walkways behind the Library shall be required. Final exterior lighting shall be subject to ministerial approval of the Planning Division prior to issuance of a building permit. Founder's Room windows facing Tiburon Boulevard shall be equipped with mechanical blackout blinds that shall close automatically within one hour following sunset whenever the Founder's Room is in use. 12. All skylights (if any) shall be bronzed or tinted in a non-reflective manner (minimum 25%) and no lights shall be placed in the wells. 13. The habitat fence between the project and Railroad Marsh shall be modified and shall loop back to the Marsh and effectively"close" as generally shown on annotated Sheet L1.0, attached as Exhibit A hereto. At least two controlled entry gates shall be installed in this fence in locations subject to the approval and control of the Town for access and maintenance purposes. Proposed signage for the 3 foot high buffer fence between the project and Railroad Marsh shall be submitted with the j building permit application and shall be shown on the drawings for review and approval. 14. The Library Agency shall pay the costs for all Town Hall sign relocation expenses as well as for any new Town Hall identification signs required as part of the parking lot relocation. 15. Proposed sidewalk access from the relocated Zelinsky Park to the adjacent Main Street Parking (MSP) Lot at 1525 Tiburon Boulevard must receive approval from MSP for any improvements onto its property. No such sidewalk access shall cause any parking spaces in the MSP parking lot to be eliminated. 16. All signage (including relocated signage) associated with the project shall be subject to provisions of Chapter 16A of the Tiburon Municipal Code and shall receive Sign permit approvals from the Town as required. 17. The flagpole between Town Hall and the Library shall be relocated on the site to the satisfaction of the Town at the Library Agency sole expense. 18. A minimum of four(4) parking spaces in the new parking lot shall be designated for Town vehicles to the satisfaction of the Town. Town Council Resolution No. 26-2012 Adopted August 1, 2012 4 EXHIBIT p. 4 of I I 19. All requirements of the Town Engineer shall be met, including, but not limited to, the following, which shall be noted on building plan check plans: a. Prior to any work on the site, the Library Agency must apply for and the Town Engineer must review and approve an encroachment permit for any work associated with the project that is proposed on Town land or Town street right-of-way. Said encroachment permit application shall include a detailed construction staging and project phasing plan (graphic and narrative) to ensure, among other things, continued public access and parking availability to Town Hall and Library users during all phases of project construction. b. The public right-of-way and Town-owned property shall be protected from damage during construction, or repairs shall be made to the satisfaction of the Tiburon Public Works Department. C. A roof shall be installed above the trash enclosure to prevent storm water and wind from penetrating dumpsters and possibly contaminating the dumpster contents and/or spilling onto the parking lot and street. An area drain shall be installed and connected to the sanitary sewer system. d. The eight Laegerstromia trees proposed to be removed from the Zelinsky Park area shall be replanted within the reconfigured Zelinsky Park where practicable. e. Consideration shall be given to reuse the existing bicycle racks around Town Hall instead of installing new racks. f. Site drainage plans shall be developed for review and approval by the Public Works Department prior to issuance of building permits for the project. 20. The Project shall comply with all applicable requirements of the Tiburon Fire Protection District, including but not limited to the following: a. An additional fire hydrant shall be installed on Tiburon Boulevard near the Pedestrian Plaza between Town Hall and the proposed expansion. b. The proposed parking lot is required to provide the required minimum fire apparatus access,with a minimum 20 feet in unobstructed width throughout the "U" shaped driving portion of the lot. The curve at the rear of the parking lot shall have a minimum 20 foot inside radius. C. Properly illuminated pathways conforming to the requirements for �- exist egress shall be required from all exists to the public way. Town Council Resolution No. 26-2012 Adopted August 1, 2012 5 EXHIBIT p. � of 1! d. The structure shall have installed throughout an automatic fire sprinkler system. The system design, installation and final testing shall be approved by the District Fire Prevention Officer. C. The vegetation on this parcel shall comply with the requirements of the Tiburon Fire Protection District and the recommendations of Fire Safe Marin. 21. The Library Agency shall comply with all applicable requirements of the Marin Municipal Water District, including but not limited to those set forth in the letter dated June 20, 2012, attached as Exhibit B hereto. 22. The final landscape and irrigation plans for the project must comply with the current water efficient landscape requirements of MMWD and are subject to the following: a. The construction plans submitted to the Town for the issuance of a building permit/grading permit must be pre- approved by MMWD with the submitted plans stamped as approved by MMWD. b. The building permit application must be accompanied by a letter from MMWD approving the landscape and irrigation plans. G. If the MMWD-approved plans substantially differ from the Town-approved plans, these differences may require additional review through the Town's design review permit process and/or a revision to the Town's permit. d. The Library Agency is responsible for contacting MMWD for all inspections, approval and sign-off on landscape and irrigation installation. Upon approval,MMWD shall issue a Certificate of Completion, which must be submitted to the Planning Division before building permit final sign-off or a Certificate of Occupancy is issued by the Tiburon Community Development Department. 23. The Library Agency shall obtain a permit from Sanitary District No. 5 and pay all applicable fees prior to connection of the addition to the sewer main. After connection to the sewer main but prior to commencement of discharge and prior to covering of the pipe, the District shall be contacted and allowed to inspect the connection for conformance to standards.The project sponsor shall comply with all other applicable requirements of Sanitary District No. 5. j Town Council Resolution No, 26-2012 Adopted August 1, 2012 6 EXHIBIT p._� of_l1� 24. All reasonable requirements of the Sewerage Agency of Southern Marin with respect to its sanitary sewer easement across the subject property shall be met. 25. Prior to issuance of a building permit, the Library Agency shall provide a copy of all Caltrans encroachment permits necessary to complete the portions of the project located within Tiburon Boulevard right-of-way. 26. If this approval is challenged by a third party, the Library Agency will be responsible for defending against this challenge. By acceptance and exercise of this approval, the Library Agency agrees to defend, indemnify and hold the Town of Tiburon harmless from any costs, claims or liabilities arising from the approval, including, without limitations, any award of attorney's fees that might result from the third party challenge. 27. This approval shall be used within five (5) years of the approval date,and shall become null and void unless a building permit has been issued or an extension has been granted by the Town Council. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on August 1, 2012,by the following vote: AYES: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell NOES: COUNCILMEMBERS: Collins ABSENT: COUNCILMEMBERS: None JIM AYOR TO OF IBURON ATTEST: DIANE CRANE IA OPI, TOWN CLERK Exhibits: Exhibit A: Drawing of Approved Realignment of Habitat Fence Exhibit B: Letter from Marin Municipal Water District dated 6/20/2012 Exhibit C: Excerpt of Parking-Related Conditions of Approval and Mitigation Measures from Town Council Resolution No. 55-2011 S:Udministration I Town CotincillResolutionsl2012l26-2012;Library Expansion Design Drawings Resolution.doc Town Council Resolution No. 26-2012 Adopted August 1, 2012 7 EXHIBIT p._3 of 61 Y S' '� trM51tPRNN,eeIONrT�ONAVFA e L.x1�i��-::.. il�,,�� - -y� �'. - +.i• �dF F O L� � � ¢��+aim e.i...,. i'+x.�' t j -�vrvrtmrtme.t•r /. 6 tQ� ._ PA ....................... r r1 n n a-� ✓ - A '; tf.:`vOt r /> '• .�+xr::' witREsru[E --_� —_ yrL• i j. 1 acEt e.w. rvvn T ,. 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A NICIPAL NNTATER DISTRICT 220 Nellen Avenue Corte Madera CA 94925-1169 www.mannwater.org June 20, 2012 Service Nos. 60960 &61737 Dan Watrous Town of Tiburon Planning Dept 1505 Tiburon Blvd Tiburon CA 94920 ;"F t ';d:".Z`VED RE: WATER AVAILABILITY— Belvedere-Tiburon Library Expansion Assessor's Parcel No.: 058-171-94 and 058-171-62 Location: 1501 Tiburon Blvd., Tiburon PLAN idl l(C:11`� Dear Mr. Watrous: The above referenced parcels are currently being served. Service No. 60960 provides water to Parcel No. 058-171-94 for Belvedere-Tiburon Library. The proposed expansion will not impair the District's ability to continue service to this property. However,District records indicate the property is operating above its annual water entitlement of 0.97 acre-feet. The purchase of an additional water r entitlement Will be required to meet the property's new demand. Service No.61737 provides waterto Parcel No. 058-171-62 for landscape irrigation.The proposed parking lot will not impair the District's ability to continue service to this property. However, the District owns and maintains facilities within an easement running through the parcel. The property owners reserve and shall have the right to revise the grade of the surface or'the location of the easement if and when they shall first pay to the District the full expense of changing the grade or of a change in location of the pipeline(s) and other installations of the District therein. I t eve t of the pipeline grade,the District will determine if the grade change requires the raising ower n9 or other installation. The District,in its sole discretion,shall determine all costs associated with the change in grade. If the property owners desire to the ein the e location of the easement,they shall first grant a suitable new easementacceptable Compliance with all indoor and outdoor requirements of District Code Title 13—Water Conservation is a condition of water service.Indoor plumbing fixtures must meet specific efficiency requirements. Landscape plans shall be submitted, and reviewed to confirm compliance. The Code requires a landscape plan, an irrigation plan, and a grading plan. Any questions regarding District Code Title 13—Water Conservation should be directed to the Water Conservation Department at(4 l5) 945- 1497. You can also find information about the District's water conservation requirements online at www.marinwater.org. Should backflow protection be required, said protection shall be installed as a condition of water service. Questions regarding backflow requirements should be directed to the Backflow Prevention Program Coordinator at (415) 945-1559. If you have any questions regarding this matter, please contact me at (415) 945-1531, Very truly yours, Joseph Eischens Engineering Technician JE:mp cc: Town of Tiburon Building Dept recycled EXHIBITJ: P. q u O fAcyelable - • Parking-Related Conditions of Approval and Mitigation Measures Excerpted from Town Council Resolution No. 55-2011 Conditions of Approval 6) Any detailed site plan and architectural drawings subsequently submitted pursuant to this approval shall depict parallel parking spaces along Tiburon Boulevard in front of the pedestrian plaza area proposed between Tiburon Town Hall and the Library addition. The Town Council may,in its sole discretion, choose to establish a"no parking zone" along Tiburon Boulevard, approximately 40 feet in length, in this area. 8) A minimum of two (2) handicap-accessible parking spaces shall be installed along the Tiburon Boulevard frontage of the project to off-set the loss of such spaces in close proximity to the Town Hall front entrance. The Library Agency shall be responsible for all costs associated with installation of these parking spaces, including any ramps between the street and plaza levels that may be necessary to accommodate wheelchairs. 9) Prior to issuance of a building permit, applicant will create or fund additional parking spaces that shall be available to Library and Town Hall visitors during business hours. This may be through a long-term parking agreement with other property owners; through the securing of a long-term agreement whereby short-term parking for public use will be available in the adjacent lot at 1525 Tiburon Boulevard; through the creation of new public parking spaces proximate to the project on nearby streets or elsewhere, or through other equivalent methods. The number of parking spaces to be created or funded shall be based on a ratio of one space per each 1,000 gross square feet of Library addition constructed. i i L EX��.IBIT NO. Mitigation Measures Belvedere-77buron Library Expenslon Pmjecf Mill atlon MonHorin Program Mlupeflm Implemerdalln Slcredrrh Imols—madby Mongaed ey Nan-Compyann Sandbn N—Wr MITIGATION IV.H TRAFFIC TRANS- The applicant will ensure the availability of at least 63 off-site parking spaces for Sled; Upon final rlkaetionsry Prnlecl Sponsor and. Town Planning Division and No issuance of building 8 Library and Town Hall use through the following actions; pprowl Torn el Tiburon DepazurcN ol Puhlie Walls Pennh endloror wncy Public Parking Spaces ' 1.Creole a mlolnum of four new parking spaces along Tiburon Boulevard pndlar Mer complete, Prior to —weney or West Street;AND addition 2-Placa a 2-hour time limit on the 8 currently un-ilmad spaces on Mar West Simel; AND/OR 3.Collaborate with Mahn Street Properties to establish an arrangement to allow shad- . form parking(as opposed to the current fixed-fea all-day parking)ht eome of the ' space's on their lot ' Employe.Parking Spaces 1•Continue the existing leasing arrangement;OR' 2.Collaborate with Main Street Prapedles to enter Into a long-lean lease for parking spaces In Lot 3,OR to provide for a partial'dacking'of the existing lot to provide, additional parking spaces ANWOR ' S.Resents 12-15 parting spaces at the Town-owned Beach Road Tennis Court Parking Lot at the Intersection of Beach Road and Marsh Road for Town and Library employees;AND70R 4.Adopt a parking Permit program that would limit parking an some at all of the 19 spaces that are neared file Library on Mar West Street to pamn1rhniders during the hours the Library and Town Hall ere open.Pwmlts then would be Issued solely to Town and L brary staff. ' Other 1. Create additioual.on-street parking along the cast side of Mar West Street if feasible. 2. Coordinate rosjor events at the Library and Town Hall to reduce overlapping events. _ _ 3. Establish agreamoots with nearby perking lot owners(e.g.;Boardwalk Shopping Center,Tiburon Penimula Club,Main Street Properties)to provide •, occasional overflow paling for unusually large or overlapping events. TRANS- The Intersection of Mar West Street and Tiburon Boulevard sallsilm a peak hour Stark: When sionaltratbn Is Town Engineer Town Engineer Not Applicable e traffic signal wemant(under the cumulative bulldoul`scanadoland shell be Included In warranled j the Town's list of Intersections that are considered for traffic signal imahallon.The Town shalt employ their own criteria,for ranking and prlorlUxallon,Including other Complete;When etd6dent tees signal warrants and accident history,when considering the need and Ilrnbg for traffic are available lar Implementation' signal Installation. ' TRANS- The existing eastbound left turn lane on Tiburon Boulevard leading to Mar West Stan:Befara"during coe;Uu.16— Pro)eel Sponear Town Snp ears careen. Kle—percyeladdinon g Street shag be lengthened to meal Caltrans requirements for left turn lanes for the, the Libraryaddlion measured Irafgc volume. The lengthening shall be completed prior to the occupancy of the addition. CemPldc: Prior to omncy rpaof the Llbraryarldtion � I P. 1 ,o 1, J- EXHIBIT p. t r of 1 t RESOLUTION NO. 09-2017 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING A TIME EXTENSION FOR THE BELVEDERE-TIBURON LIBRARY EXPANSION PROJECT SITE PLAN AND ARCHITECTURAL APPROVAL BY AMENDING TOWN COUNCIL RESOLUTION NO. 26-2012 WHEREAS, on August 1, 2012, the Town Council adopted Resolution No. 26- 2012 approving site plan and architectural drawings for the Belvedere-Tiburon Public Library Expansion Project; and WHEREAS, Condition No. 27 of said Resolution authorizes the Town Council to grant time extensions to the approval; and WHEREAS, on February 27, 2017, the Town received an application for time extension from the Belvedere-Tiburon Library Agency pursuant to Condition No. 27 of Resolution No. 26-2012; and WHEREAS, on April 19, 2017, the Town Council held a public meeting to review the request for time extension and heard and considered public comment on the request; and WHEREAS, the Town Council finds that the Library Agency is actively pursuing fund-raising and other activities necessary to construct the project; that there are no project changes being requested; that there is no significant new information or changes in circumstances surrounding the project or in the vicinity of the project that would require additional review; and that a time extension until August 1, 2022 is warranted and appropriate. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby approve the requested time extension and amends Condition No. 27 of Resolution No. 26-2012 to read as follows: 27. This approval shall be used within ten (10) years of the approval date, and shall become null and void unless a building permit has been issued or an extension has been granted by the Town Council. The expiration date is August 1, 2022. PASSED AND ADOPTED at a regular meeting of the Town Council on April 19, 2017, by the following vote: AYES: Doyle, Fraser, Fredericks, O'Donnell, Tollini NAYS: None lox TIBURON TOWN COUNCIL RESOLUTION NO.09-2017 04/19/2017 i A JIMF , MAYOR TOWN , TIBURON ATTEST: LEA STEFANI, TOWN CLERK EXHIBIT P. of,)- TIBURON TOWN COUNCIL RESOLUTION NO.09-2017 04/19/2017 2 RESOLUTION NO. XX-2018 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING THE APPROVAL OF SITE PLAN AND ARCHITECTURAL DRAWINGS FOR THE BELVEDERE-TIBURON LIBRARY EXPANSION PROJECT ON PROPERTY AT 1501 AND 1505 TIBURON BOULEVARD BY MODIFYING CERTAIN CONDITIONS OF APPROVAL SET FORTH IN TOWN COUNCIL RESOLUTION NO. 26-2012 AND A MITIGATION MEASURE SET FORTH IN TOWN COUNCIL RESOLUTION NO. 55-2011 (APN 058-171-92 93 & 94 AND A PORTION OF 058-171-62) WHEREAS, on October 5, 2011, the Town Council certified an environmental impact report for a proposed expansion of the Belvedere-Tiburon Public Library building, said project being located on land at 1501 and 1505 Tiburon Boulevard; and WHEREAS, on November 2, 2011, the Town Council adopted Resolution No. 55- 2011 approving general plan amendments and a mitigation monitoring program associated with the proposed expansion of the library building and the certified environmental impact report for the expansion project; and WHEREAS, on February 1, 2012 the Town Council adopted Ordinance No. 537 N. S. establishing review and decision-making procedures for a proposed expansion of the Belvedere-Tiburon Library building. The ordinance exempts the expansion project from provisions of the Tiburon Zoning Ordinance, but requires the Town Council to review the site plan and architectural drawings for the project at a public meeting prior to approval; and WHEREAS, on July 25, 2012, the Town Council held a public meeting to review the site plan and architectural drawings for the library expansion project, and on August 1, 2012, adopted Resolution No. 26-2012 approving the site plan and architectural drawings for the library expansion project; and WHEREAS, on April 19, 2017, the Town Council held a public meeting and approved a 5-year extension of the site plan and architectural approval (without any revisions to the project) by adopting Resolution No. 09-2017; and WHEREAS, the Belvedere-Tiburon Library Agency ("Library Agency") is proposing revisions to the previously-approved site plan and architectural drawings for the library expansion project and modification of one of the adopted mitigation measures for the project. The original approval would have increased the floor area of the existing Belvedere-Tiburon Library building by 16,000 square feet to a total of 26,500 square feet. The proposed revisions to the previously-approved project would constitute a reduction in floor area of the previously-approved library building expansion by 6,000 square feet, resulting in a building of 20,500 square feet in lieu of the originally-approved 26,500 square feet and concomitantly reducing the demand for parking associated with the project; and Tiburon Town Council Resolution No.XX-2018 Adopted--1--/2018 1 ate; NO WHEREAS, the Town Council has determined, based on an EIR addendum dated July 2018, that no additional environmental review is required for this scaled-back library expansion project; and WHEREAS, after hearing all testimony and reviewing all documents on the record, the Town Council finds that the revised expansion project, as conditioned, is consistent with the goals and objectives of the Tiburon General Plan and is in compliance with criteria of review and other provisions set forth in Ordinance No. 537 N. S. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby approve the revised site plan and architectural drawings for the library expansion project and does hereby amend the conditions of approval of Resolution No. 26- 2012, as set forth below: A. Condition No. 1 of Resolution 26-2012 is amended to read as follows: 1. All conditions of approval and mitigation measures contained in and/or adopted by Town Council Resolution No. 55-2011, except as specifically modified by Town Council Resolution No. {insert the number of this Resolution}, are fully incorporated herein by reference, with the exception of Condition No. 1 of said Resolution No. 55-2011; that condition having been determined by the Town Council to be satisfied by the design drawings approved herein. By request of the Town Council, the applicable parking- related conditions and mitigation measures adopted in Resolution No. 55- 2011, as amended by Town Council Resolution No. {insert the number of this Resolution}, are excerpted and attached as Exhibit C hereto for informational purposes. Exhibit C referenced herein is revised to incorporate revisions to Mitigation Measure TRANS-6 approved in this Resolution. B. Condition No. 3 of Resolution No. 26-2012 is deleted. C. Condition No. 4 of Resolution No. 26-2012 is amended to read as follows: 4. The Project shall be built in substantial conformance with the site plan and architectural drawings entitled"Belvedere-Tiburon Library Expansion Revised Design Review Submission", date-stamped "Received Planning Division August 8, 2018", prepared by ehdd Architecture and comprised of 16 sheets, which constitute the approved site plan and architectural drawings for the Project. Said drawings are on file and available for public review at the Planning Division at Tiburon Town Hall during regular business hours in File #52012-07; 1501 Tiburon Boulevard. Any future substantial modification to the approved drawings, as determined in the reasonable discretion of the Director of Community Development, must receive Town Council approval. Tiburon Town Council Resolution No.XX-2018 Adopted--1--/2018 2 EXHIBIT I p._L oe D. Condition No. 7 of Resolution No. 26-2012 is amended to read as follows: 7. With submittal of the building permit application, the Library Agency shall comply with applicable provisions of the Town's Flood Damage Prevention Ordinance (Chapter 13D of the Municipal Code). E. Condition No. 15 of Resolution No. 26-2012 is amended to read as follows: 15. Proposed sidewalk access from the relocated Zelinsky Park to the adjacent parking lot at 1525 Tiburon Boulevard (APN 058-171-91) must receive approval from the parking lot property owner for any improvements extending onto its property. No such sidewalk access shall cause any parking spaces in the parking lot to be eliminated. F. All other conditions of approval set forth in Resolution No. 26-2012 remain in effect unless specifically modified herein. Condition No. 27 of Resolution No. 26-2012, as amended by Resolution No. 09-2017 and setting forth an expiration date of April 19, 2022 for the site plan and architectural drawing approval, remains unchanged. BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon does hereby amend Exhibit"C" to Town Council Resolution No. 55-2011, such that Mitigation Measure TRANS-6 reads as follows: TRANS-6: The applicant will ensure the availability of at least 33 off-site parking spaces for the Library and Town Hall use through the following actions: Public Parking Spaces 1. Create a minimum of four(4) new parking spaces along Tiburon Boulevard and/or Mar West Street; AND 2. Place a 2-hour time limit on the eight(8) currently un-timed spaces nearby on Mar West Street; AND/OR 3. Collaborate with the owner of one or more nearby pay-parking lots to establish an arrangement, subject to acceptance by the Town of Tiburon, which would allow short-term parking in some or all of the spaces in the lot or lots for potential use by Library and/or Town Hall users. Employee Parking Spaces 1. Continue the existing lease arrangement with the owner of the parking lot at 1525 Tiburon Boulevard for parking passes for Town Hall and Library Agency employees; OR 2. Collaborate with the owner of the parking lot at 1525 Tiburon Boulevard to enter into a long-term lease for parking spaces in that lot, OR to provide for a partial "decking" of the existing lot to create additional parking spaces; AND/OR 3. Secure Town approval to reserve 12-15 parking spaces in the Town-owned Beach Road tennis court parking lot at the intersection of Beach Road and Marsh Road for Town Hall and Library employees; AND/OR Tiburon Town Council Resolution No.XX-2018 Adopted--1--/2018 3 EXHIBIT p. �3 of 4. Adopt a parking permit program that would limit parking on some or all of the nineteen(19) parking spaces on Mar West Street that are nearest to the Library to permit holders during the hours the Town Hall and Library are open. Permits would then be issued solely to Town Hall and Library staff. Other 1. Create additional on-street parking along Mar West Street in the vicinity of the Library if feasible. 2. Coordinate major events occurring at the Library and Town Hall in order to reduce the potential for overlapping events. 3. Establish agreements with nearby parking lot owners (e.g. Boardwalk Shopping Center, Tiburon Peninsula Club, etc.), to provide occasional overflow parking for unusually large or overlapping events. All other mitigation measures set forth in Exhibit"C"to Town Council Resolution No. 55- 2011 remain unchanged. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on , 2018, by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JIM FRASER, MAYOR TOWN OF TIBURON ATTEST: LEA STEFANI, TOWN CLERK Tiburon Town Council Resolution No.XX-2018 Adopted--1--/2018 4 EXHIBIT 01 P. 4 oCi— Scott Anderson From: Mark Hutchinson [mhutchinson@dunhillpartnerswest.com] Sent: Friday, August 03, 2018 2:56 PM To: Scott Anderson Subject: Library expansion project? Why would you be spending money on this when physical books are a remnant of the past? Have you heard of the internet? Everything is online now. What a waste of tax payer money! ! i, AUG it ;I ! P \NNI,'G i?1VIUI(:)i�i Scott Anderson From: Tracey Van Hooser[traceyvanhooser@gmail.com] Sent: Friday, August 03, 2018 3:12 PM To: Scott Anderson Subject: library feedback I saw in the town newsletter that you are soliciting feedback on the library expansion. I am glad they are reducing the expansion plans and I am opposed to spending tax dollars on this project (even if they are not incremental taxes - our town has many priorities and I do not view library expansion as one of them). I am also concerned that a larger library will have bigger operating costs (staffing, utilities, etc) and this will have an ongoing impact on our town budget. I do not know that this issue has been addressed when the library foundation says that all costs associated with the expansion will be covered with private donations. We love the library. We use it all the time, checking out books and movies. The current library serves our needs completely. Thank you, Tracey �RRS 1r AUG U 3 la�� PLANNING DIV1:31ON 1 Scott Anderson From: Joan Bergsund [bergsund8@comcast.net] Sent: Monday, August 06, 2018 11:00 AM To: Scott Anderson; Diane Lynch Subject: Library Expansion Hi Scott: When the revised plans are revealed at the council meeting on Aug 15th, it would be helpful to the audience to see the current footprint laid over the expanded version. I had hoped that the parking could have been revised. I see that there is now additional footage between the town hall and the library - is there enough space to retain parking for those using the town hall? The proposed parking - behind the library and bordering on the . mash - I think is totally unsatisfactory for those using town hall and I wonder why no one objected during the planning phase. Thanks Scott. I look forward to attending the meeting. loan Bergsund A 1 J G 2018 _�t /��Efl'tr t r 1-1—\7`dIVYNt�d 1 . Tiburon Town Council August 15, 2018 AI-2 : Trestle Trail Late Mail Requests for Copies: Lea Stefani, Istefani@townoftiburon.org Lea Stefani From: Greg Chanis LATE MAIL #A1 -7- Sent: Thursday, August 09, 2018 7:33 AM To: Greg Chanis Cc: Lea Stefani Subject: FW: Plaques Mayor and Councilmembers, See email below on item scheduled for next week's agenda. Another to follow. Greg Greg Chanis,Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920/ (415)435-7383 From: Paige Peterson <paigepeterson55@gmail.com> Sent: Wednesday, August 8, 2018 8:33 PM To: Greg Chanis<gchan.is@)townoftiburon_.org> Subject: Plaques Dear Members of the Tiburon Town Council: My name is Paige Peterson, I am the co-author and illustrator of the children's book, "Blackie, The Horse Who Stood Still." was honored to purchased a Trestle Trail Donor Plaque....it honors both Blackie and my children. Recently I've become aware that the Town of Tiburon may not allow two small plaques recognizing the individuals, businesses and organizations that made construction of Trestle Trail possible. I find this difficult to understand. When people step up and make positive things happen they deserve to be acknowledged. The Trestle Trail is definitely a positive addition to the Tiburon Peninsula. In this day and age, municipalities are no longer providing all that a community needs in the way of historical enrichment; those who pick up the financial slack merit the public's appreciation. Thank you for this consideration. Sincerely, Paige Peterson Executive Vice President of the Huntsman Cancer Foundation 917-592-7276 1 have had a home in Belvedere since 1955 r LATE Lea Stefani From: Greg Chanis Sent: Thursday, August 09, 2018 7:34 AM To: Greg Chanis Cc: Lea Stefani Subject: FW: Trestle Trail Project Here is the second email Greg Greg Chanis,Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920/ (415)435-7383 From: Holly Hooker<chollyn@comcast.net> Sent: Wednesday, August 8, 2018 7:34 PM To: Greg Chanis< cchanis2townoftiburon.org> Subject: Fwd: Trestle Trail Project ---------- Original Message ---------- From: Holly Hooker<chollyn@comcast_net> To: Town Council<town DtownoftiburgLo.grg> Date: August 8, 2018 at 7:15 PM Subject:Trestle Trail Project In reference to recent articles in the Ark, we believe the Town Council and the Heritage and Arts Commission are taking the wrong approach toward the Trestle Trail Project. It is not so much an art installation as it is an educational effort to enlighten the residents and visitors to Tiburon's railroad heritage and to recognize citizens who have contributed to the effort. As residents of Tiburon we like knowing how and who created the spaces in our town. The railroad is an integral part of Tiburon's history. Two years ago we knew very little of that history; however, today, through the Trestle Trail Project we are docents at the Railroad Museum helping to spread the word about Tiburon's Railroad history and therefore helping to preserve that heritage. Currently, the soccer field is in process of being rebuilt. When completed this will bring more people to the Blackies's Pasture area. Having another defined picnic area will be a great addition especially if some shade trees are planted. Having the plaques recognizing contributors located on low boulders will be a subtle way to inform the public of citizen participation. Holly & Jay Hooker LATE MA #AVTo Lea Stefani From: Greg Chanis Sent: Wednesday, August 15, 2018 7:12 AM To: Greg Chanis Cc: Lea Stefani Subject: FW: Trestle plaque Mayor and Councilmembers, Late mail on the Trestle Trail item below. Regards Greg Greg Chanis, Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920/(415) 435-7383 -----Original Message----- From: Linda Locati <Ilocati@aol.com> Sent: Tuesday,August 14, 2018 9:47 PM To: Greg Chanis<gchanis@townoftiburon.org> Cc: honzelde@gmail.com;Jim Wood <iwood@marinmagazine.com>; meforee@icloud.com Subject: Trestle plaque Dear Sir/Madam, It has come to our attention that there is to be a meeting tomorrow evening to discuss the reasons that the City Council has not approved a plaque acknowledging major donors for the Trestle project. As one of the major donors, we were dismayed that this plaque may not be mounted as we were promised based on our substantial contribution to the project. We donated the amount we did to not only honor our grandparents and our parents' many contributions to "Old Tiburon", but also to honor what the railroad, it's workers and all the other support services/businesses meant to the creation of Tiburon and the community. Without the railroad and those who helped build the town,Tiburon would not be what it is today. The history of the railroad, it's employees and their impact on the economic, social and cultural aspects of this community should not be dismissed by those who do not have an understanding of it's past. There is a memorial structure/plaque honoring native son Sam Chapman and his contributions to the community in the middle of town. A plaque to honor those whose contributions acknowledging our past, rooted in its railroad history for future generations to appreciate should be considered. Thank you. Sincerely, Linda S. Locati Tiburon Town Council August 15, 2018 AI-3 : Bel-Tib Library Expansion Proiect Late Mail Requests for Copies: Lea Stefani, Istefani@townoftiburon .org DIGEST 8/10/18 FOR TOWN COUNCIL MEETING ON AUGUST 15,LATE MAIL .1-3 Tiburon Town Council RECEIVED 1505 Tiburon Boulevard Tiburon,CA 94920 AUG 13 2818 TOWN MANAGERS OFFICE TOWN OF TIBURON Council Members, As local taxpayers who have had the benefit of first-hand observation over the decades,we are strongly opposed to the latest requests of the library and its spokespersons. Their claims of need for additional space for community activities are vastly exaggerated. Any Council Member who has attended the evening lectures knows that rarely is there any need for additional space (perhaps only once or twice a year). IT classes,children's activities,adult activities,including monthly afternoon teas, have all turned into a grabfest for folks from other towns. This has become a turn-off for locals who have let their feet and their wallets do the talking. Before you vote in favor of the requests from library staff, please conduct your own personal inspection. Attend the lectures and library activities unannounced. Find out for yourselves just how many people who attend the activity reside in the 94920 zip code and how many do not. Please don't further burden your constituents for the benefit of library staff and those who don't live on our peninsula and pay no property taxes towards our library. Leaving this note unsigned to avoid further pressure from library staff and committee members. Hope you understand. August 10, 2018 LATE MAID 44 Hon. Mayor Fraser and Councilmembers: Thank you for the opportunity to provide my opinion regarding the remodeled B/T Library. I am unable to attend the August 15 Council meeting as I will receive a hip replacement that day at Kaiser. I will be required to use a walker for six weeks, and then I should be back to normal. I have been limping around since April 2017, sometimes using a cane. I was given a temporary handicapped placard two weeks ago. As an opponent of the original massive library, I do support this reduction in size, however, I am now advocating for additional handicapped parking closer to the building and additional seating along any pathway into Town Hall and Library. I never gave any thought to how tedious it is to take small steps to reach one's destination. May I suggest you borrow a cane and try walking very small steps from the proposed parking spaces behind the Library to get into Town Hall and/or Library. It is exhausting when each step is painful. Today's Marin IJ notes "Marin has the oldest and.faslest-aging population in the region. One in four Marin residents— 64,000 people — are 60 or older. Within 15 years an estimated one in three uvill be 60 or older, according to a recent report, a state-mandated document knoia,n as the County Area Plan for Aging, 2016-2020. - More attention needs to be given to the elderly who will be using this Library as you consider the reconfiguration and reduction of size. Thank you for your consideration of my concerns, and once again I thank you for your service to your community and each other. Sincerely, Therese"Terry" Hennessy Mayor 1996-97 Lea Stefani LATE ML "" From: Scott Anderson Sent: Wednesday, August 15, 2018 3:46 PM To: Lea Stefani Subject: FW:Tiburon Library expansion Another late mail for Library item. -----Original Message---- From: rebecca pringle [mailto:rswpringle@hotmail.com] Sent: Wednesday,August 15, 2018 3:45 PM To:Scott Anderson Subject:Tiburon Library expansion To:Scott Anderson, Planning Director,Town of Tiburon From: Becky Pringle,Tiburon resident RE: Library expansion and search for funding Date:August 13, 2018 Dear Scott: I love the Tiburon library as is and believe it is the right size and architectural shape to fit nicely into our town's configuration and size, including population. It must be remembered that our own town cannot be everything for every other population set throughout the county. Nor can a library building actually be the end all for all the recreation needs in any town. I like the library as is and am delighted that the planners will be scaling back the size of additions. I would encourage cutbacks all possible, but certainly not to exceed the amount of privately raised money. The funding of the renovations and additions is very serious. Both Belvedere and Tiburon have too much on their budget platters to be asked or required to aid in the funding of what was purported and promised to be a privately funded project. I urge the Town Council to endorse private funding for any additions. Most Sincerely, Becky Pringle 530 Comstock Drive Tiburon, CA 94920 LATE MAIL # Az-3 ELIZABETH BREFHUS B rekhus 1000 DRAKES LANDING ROAD elizabezbbPbrekh us.com GREENBRAE. CA 94904-3027 Law FACSIMILE: (415) 461-7356 PETER B. BREFHUS (415) 461-1001 perc rb Pbrekhus.com Partners www.brekhus.c6m ATTORNEYS AT LAW August 15, 2018 �f'ul^ulul/I AUG 7 5 2018 D PLANNING DIVISION Town Council Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 Dear Mayor Fraser and Councilmembers, I represent Tiburon and Belvedere citizens, a group of citizens that wishes to be known collectively as Citizens for Fiscal Responsibility(CFFR). By this letter, CFFR expresses its strong opposition to Agenda Item AI-3,to consider revisions to architectural plans, conditions of approval and mitigation measures pertaining to the Belvedere-Tiburon Library Expansion Project(Project). CFFR is concerned that the citizenry has not been adequately notified about the Project, including the revisions now being proposed in Agenda Item AI-3. An August 8,2018 article in The Ark reports that the Library Agency intends to seek$2 million in funding from the Town of Tiburon. Tiburon's entire annual budget is only$11.5 million. A project of this magnitude is deserving of a vigorous, good-faith effort by the Town Council to proactively seek engagement with and input from the citizenry. CFFR believes that the Library Agency, as the applicant,has fallen far short in this regard. Public comments by Library Agency board members in 2011 and 2012 promised that the expansion would be funded solely with private contributions and that no public funds would be sought. In fact, the Library Foundation's website continues to represent that"The Library expansion will be supported through a private, community-driven investment campaign." The fact is the Library Agency initially sold the Project to the citizenry as a privately-funded project and thereby shaped the public's perception of the expansion project; and, through statements like that of Library Foundation's website(above),the citizenry remains largely ignorant of the Town's possible$2 million funding commitment for the Project. In light of this, and in the interests of fair and even-handed governance,the Council should proceed more deliberately and with greater public input than it has up to this point. Related to the lack of public notice, we note that there are no story poles have been placed at the Project. Normally, the Municipal Code requires story poles for all board-reviewed applications. (T.M.C. 16-50.070.) As stated in the Municipal Code, "Story poles help to identify the scope of a proposed construction project at the project site." (T.P.C. 16-50.070(A).) Story poles thus serve a public notice function by calling attention to a proposed project and allowing interested persons to inquire further about the project. In 2012,the Town Council Tiburon Town Council August 15, 2018 Page 2 exempted itself from the municipal code provision(T.M.C. 16-50.070) although it is unclear whether story poles were or were not placed at the site. There is no legitimate justification for the Town Council to exempt the Project from the story pole requirement,which every other project applicant must comply with. We also note the Town has exempted itself from the setback requirements that govern every other project. (T.M.C. 16-30.030.) As stated in the Municipal Code, "Setbacks provide open areas around structures for: visibility and traffic safety; access to and around structures; access to natural light,ventilation and direct sunlight; separation between incompatible activities; and space for privacy, landscaping, and recreation. Setbacks can also provide a sense of low density, spaciousness, and aesthetic pleasure." (T.M.C. 16-30.030.) Again, there is no legitimate justification for the Town Council to exempt the Project from this requirement.We believe the public should be given specific information about what the normal setbacks are for this site (front, side and back) and what exceptions are being made. The setback requirement is as important for the Project as it is for any other construction project. CFFR is also concerned about the mass and bulk of the Project, and its potential to block views and alter the aesthetic appeal of the Town's civic center, even with the proposed reduction in the size of the expansion. The enlarged library will sit side-by-side with the Town Hall building, and these two large structures will create an unsightly wall-like appearance for motorists driving into Town. CFFR is concerned that the Project will change the character and aesthetic appeal of the Town's civic center, and may block views of iconic old St. Hillary church,which is beloved by residents of Tiburon and Belvedere. We also note that there is no landscaping plans that would accompany this project and they should be considered with the project at the same time. CFFR believes the Council should openly explain the Town's financial commitment for the Project and consider the financial contribution at the same time it considers the project modification. Once the Library Agency makes the requested contribution, it will be important to actively engage and seek input from the citizenry regarding it. The Town has not had an opportunity to do this. Agenda Item AI-3 asks the Council to consider modifications to the proposed scope of the Project,but nowhere does the agenda or the staff report mention the City's anticipated$2 million funding commitment. What is an interested citizen to make of the Agenda Item? How can the Council possibly consider the scope of the project without also considering its price tag to the Town? Does the Council intend to vote on the funding commitment at tonight's meeting? The Belvedere citizens I represent are equally concerned about these issues. CFFR believes the Council should table the Agenda Item AI-3 until it has adequately notified the citizenry of the Town's expected financial commitment, set up required story poles to put residents on notice, and has fully considered their views. Very truly yours, Elizabeth Brekhus Scoft Anderson LATEMAP- -? From: Connie Peirce [connie94920@yahoo.com] Sent: Wednesday, August 15, 2018 6:25 PM To: Scott Anderson Cc: Robert Peirce Subject: Town Council Meeting Tonight re library Agency's Revised Plan Attachments: IMG_6094.jpg Scott,Hi— Many thanks for your time this afternoon and apologies for the late email;technical difficultles impacted. Attached below Is a photo of Old St. Hilary's from our home at 36 Cove Road. Obviously,our view of this iconic building is very important to us.And as we discussed today,without story poles it's impossible to know the impact of the revised library plans.The protection of our view,if in fact threatened,likely could be preserved with only a minor and very achievable modification. However,the truth will not be known without story poles. Please share this small and attachment with Town Council.Bob and I truly hope a decision on the revised plans will be postponed and the applicant directed to erect story poles. Sincerely, Connie Peirce rn[PNNING � ,AUG 1 5 2018 DIVISION 1 ' �TI �y 1 ` t � f ° 71 DIGEST 8/10/18 FOR TOWN COUNCIL MEETING ON AUGUST 15, 2018 Tiburon Town Council RECEIVE 1505 Tiburon Boulevard Tiburon, CA 94920 AUG 13 2018 TOWN MANAGERS OFFICE TOWN OF n3umN Council Members, As local taxpayers who have had the benefit of first-hand observation over the decades,we are strongly opposed to the latest requests of the library and its spokespersons. Their claims of need for additional space for community activities are vastly exaggerated. Any Council Member who has attended the evening lectures knows that rarely is there any need for additional space (perhaps only once or twice a year). IT classes, children's activities, adult activities, including monthly afternoon teas, have all turned into a grabfest for folks from other towns. This has become a turn-off for locals who have let their feet and their wallets do the talking. Before you vote in favor of the requests from library staff, please conduct your own personal inspection. Attend the lectures and library activities unannounced. Find out for yourselves just how many people who attend the activity reside in the 94920 zip code and how many do not. Please don't further burden your constituents for the benefit of library staff and those who don't live on our peninsula and pay no property taxes towards our library. Leaving this note unsigned to avoid further pressure from library staff and committee members. Hope you understand.