HomeMy WebLinkAboutTC Agenda 2019-09-18 TOWN OF TIBUR N Tiburon Town Council
1� Tiburon Town Hall
V' September 18,2019
1505 Tiburon Boulevard
Regular Meeting
A Tiburon,CA 94920 7:30 P.M.
TIBURON
TOWN COUNCIL
AGENDA
CALL TO ORDER AND ROLL CALL
Councilmember Fraser, Councilmember Thier,Councilmember Weiner,Vice Mayor Fredericks,
Mayor Kulik
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 however, that the Town 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 member 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. Municipal Code Amendments — Adopt amendments to Chapter 25 of the 'Tiburon Municipal
Code relating to unmanned aerial systems (UAS), or drone, operations in the Town of
Tiburon (Department of Administrative Services)
CC-2. Local Emergency—Adopt Resolution continuing the declaration of a local emergency related
to damage caused by February 2019 storms (Office of the Town Manager)
CC-3. 5 Main Street—Adopt resolution approving the Memorandum of Encroachment between the
Town of Tiburon and S Main Street (Mina TBD Restaurant) for valet service (Department of
Public Works)
ACTION ITEMS
Ai-i. General Plan Update and Environmental Analysis- Review and provide comments on
Draft Request for Proposal (RFP) for General Plan Update and Environmental
Analysis (Community Development Department)
TOWN COUNCIL REPORTS
TOWN MANAGER REPORT
WEEKLY DIGESTS
• Town Council Weekly Digests-September 6 & 13, 2019
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 Cleric
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 nnay ue inuiteu to i aisiiig oiiiy inose 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.
Town Council Meeting
TOWN OF TIBURON September 18, 2019
1505 Tiburon Boulevard Agenda Item: CC - 1
Tiburon, CA 94920
INS I
7To
Mayor and Members of the Tow%n Council
From: Department of Administrative Services
Subject: Recommendation to Adopt Municipal Code Amendments to Chapter 25-4 of
the Tiburon Municipal Code
Reviewed By:
Greg Chanis,Town Manager Benjamin Stock,Town Attorney
SUMMARY
The Council will consider a Municipal Code Amendment to modify Chapter 25 of the Tiburon
Municipal Code relating to the regulation of Unmanned Aerial Systems ("UAS"), commonly
known as drones.
RECOMMENDED ACTION(S)
1. Approve the adoption of Ordinance No. 584 N.S. (Exhibit 1).
BACKGROUND
This ordinance would amend a recently adopted ordinance that regulates operation of Unmanned
Aerial Systems, commonly known as drones, in the vicinity of local public schools, publicly
permitted events, and emergency operations.
The amendments remove the regulations that restrict drone operations near permitted events,
emergency vehicles in operation, or in a manner that interferes with police, fire or other
emergency responses. The amendment also clarifies a restriction relating to the use of drones to
take photographs of students at school.
The Town Council held a public hearing at its meeting on September 4. 2019 and passed first
reading of the amended ordinance, waiving further readings. At the meeting, the Council added
additional language to Regulation 45 as follows:
"No person shall knowingly and intentionally operate rnw 11�lodel UAS or Ciril UAS less than 400.feet
above around level to record, transmit or captznre images of students on puhlic school grounds in the
Town of Tiburon during school hours or school events without the written permission of school officials."
The ordinance now comes to the Town Council for adoption.
ANALYSIS
Town or TIBURON PAGE 1 or 2
No further analysis provided.
FINANCIAL IMPACT
Staff"anticipates no direct fiscal impact to the Town by adoption of this ordinance.
ENVIRONMENTAL REVIEW
Staff has preliminarily determined that adoption of this ordinance is statutorily exempt from the
requirements ofthe California Environmental Quality Act(CEQA) pursuant to Section 15378 of
the CEQA Guidelines in that it does not constitute a project under CEQA.
RECOMMENDATION
The Council's motion to adopt this item on the Consent Calendar will constitute a motion to
confirm the waiver of second reading from the previous reading and adopt the ordinance. Each
Couneilmember's vote on the motion to approve this item on the Consent Calendar will constitute
the equivalent ofa roll call vote and will be recorded within the ordinance. Should any
Councilmember choose to vote differently on this item than other items on the Consent Calendar,
then the vote on this item should be taken separately from other items appearing on the Consent
Calendar such that individual votes may be properly recorded. Should the Council wish to
discuss the item, it must be removed from the Consent Calendar and voted upon separately.
Staff recommends that the Town Council:
1. Approve the adoption of draft Ordinance No. 584 N.S., which is attached as Exhibit 1.
Exhibit(s):
1. Draft Ordinance 584 N.S.
Prepared By: Lea Stefani,Town Clerk
Tow.y OF Tmui20y PAGE 2 OF 2
EXHIBIT 1
DRAFT ORDINANCE NO. 584 N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING CHAPTER 25-4 TO
THE TIBURON MUNICIPAL CODE IMPOSING SAFETY REQUIREMENTS ON THE OPERATION OF MODEL
AIRCRAFT AND TO IMPOSE RESTRICTIONS CONSISTENT WITH CERTAIN FEDERAL AVIATION RULES ON
THE OPERATION OF BOTH MODEL AIRCRAFT AND CIVIL UNMANNED AIRCRAFT SYSTEMS (UAS),
COMMONLY KNOWN AS DRONES.
DRONES AND UNMANNED AIRCRAFT SYSTEMS
Section 1—Contents
25-4 (a) Purpose
25-4(b) Definitions
25-4(c) Local Regulations of Unmanned Aircraft Systems
25-4(d) Exemptions
25-4(e)Violation; penalties
25-4(a) Purpose
The purpose of this chapter is to regulate the operation of Unmanned Aircraft, commonly known as
drones,which can at times pose a hazard to full-scale aircraft in flight and to persons on the ground, or
which present concerns for the safety of individuals at a school or otherwise impede providing a safe
education environment. Imposing community-based safety requirements on the operation of Model
UAS and imposing restrictions on the operation of both Model UAS's and Civil UAS's consistent with
Federal Aviation Administration rules is necessary to mitigate such risks and to protect the public from
the hazards associated with the operation of Unmanned Aircraft.
25-4(b) Definitions
"Civil UAS" shall mean an Unmanned Aircraft or Unmanned Aircraft System operated by any Person for
any purposes other than strictly hobby or recreational purpose, including, but not limited to,
commercial purposes or in the furtherance of, or incidental to, any business or media service or agency.
"Drone" refers to any UAS.
"FAA" means the Federal Aviation Administration.
"Model UAS" shall mean an Unmanned Aircraft or Unmanned Aircraft System operated by any Person
strictly for hobby or recreational purposes.
Page 1 of 4
Town of Tiburon Ordinance No.584 N.S. Effective Date xx/xx/xxxx
"Person" shall mean natural person,joint venture,joint stock company, partnership, association, club,
company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer or
employee of any of them.
"Public UAS" shall mean an Unmanned Aircraft or Unmanned Aircraft System operated by any public
agency for government related purposes.
"Unmanned Aircraft" shall mean an aircraft without a human pilot onboard,that is controlled by an
operator on the ground, and is operated without the possibility of direct human intervention from
within or on the aircraft.
"Unmanned Aircraft System (UAS)"shall mean an Unmanned Aircraft and associated elements,
including, but not limited to, any communication links and components that control the Unmanned
Aircraft.
25-4(c) Regulations
The following shall apply to the operation of any Model UAS or Civil UAS within the Town of Tiburon:
1) No person shall operate any Model UAS or Civil UAS within the Town of Tiburon in a manner
that is prohibited by any federal statute or regulation.
2) Excluding takeoff and landing, no person shall operate any Model UAS or Civil UAS within the
Town of Tiburon closer than 25 feet to any individual, except the operator or the operator's
helper(s).
3) No person shall takeoff, land or operate any Model UAS or Civil UAS while under the influence of
alcohol or any other drugs, intoxicating compound or any combination thereof.
4) No person shall knowingly and intentionally operate any Model UAS or Civil UAS on the grounds
of, or less than 400 feet above ground level within the airspace overlaying, a public school
facility in the Town of Tiburon during school hours or school events,without the written
permission of school officials.
5) No person shall knowingly and intentionally operate any Model UAS or Civil UAS less than 400
feet above ground level to record,transmit or capture images of students on public school
grounds in the Town of Tiburon during school hours or school events without the written
permission of school officials.
25-4(d) Exemptions
This chapter shall not apply to any Public UAS, or UAS weighing less than 0.55 pounds.
25-4(e) Violation; penalties
Page 2 of 4
Town of Tiburon Ordinance No.584 N.S. Effective Date xx/xx/xxxx
In addition to other enforcement means available to the Town, any Person violating this Chapter is
subject to fines and confiscation of the UAS by the Tiburon Police Department or other local, state or
federal law enforcement agency operating on their behalf.
Section 2—Severability
Should any section, clause, or provision of this Ordinance be declared by the courts to be invalid, the
same shall not affect the validity of the Ordinance as a whole, or parts thereof, other than the part so
declared to be invalid.
Section 3—California Environmental Quality Act
The Town hereby determines that that this ordinance is exempt from the California Environmental
Quality Act review under Title 14,section 15061(b)(3) as there is no potential for causing a significant
effect on the environment. Furthermore,this ordinance will not cause a direct or indirect physical
change to the environment and is therefore exempt pursuant to Title 14, Section 15378(b)(2) and (3)of
the California Code of Regulations.
Section 4—Effective Date
This Ordinance shall take effect 30 days after its passage and adoption pursuant to California
Government Code Section 36937, and before the expiration of fifteen (15) days after passage by the
Town Council, 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 published in the Town of Tiburon.
This ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on
September 4, 2019, and was adopted at a regular meeting of the Town Council of the Town of Tiburon
on by the following vote:
AYES: COUNCILMEMBERS:
NAYS: COUNCILMEBERS:
ABSENT: COUNCILMEMBERS:
DAVID KULIK, MAYOR
Town of Tiburon
ATTEST:
Page 3 of 4
Town of Tiburon Ordinance No.584 N.S. Effective Date xx/xx/xxxx
LEA STEFANI,TOWN CLERK
DATE:
Page 4 of 4
Town of Tiburon Ordinance No.584 N.S Effective Date xx/xx/xxxx
Town Council Meeting
TOWN OF TIBURON September 18, 2019
1505 Tiburon Boulevard Agenda Item: CC - 2
Tiburon. CA 94920
To: Mayor and Members of the Town Council
From: Office of the Town Mana<�cr
Subject: Declaration Continuing Local Emergency Related to February 2019 Storms
Reviewed B
Greg Chanis,Town Manager Benjamin Stock,Town Attorney
SUMMARY
As required by state law, the Council is asked to approve a Resolution continuing the declaration
of a local emergency related to the damage caused by the storm of February 12-14, 2019.
RECOMMENDED ACTIONS)
1. Approve a Resolution continuing the declaration of a local emergency related to
damage caused by the storm of February 12-14, 2019.
BACKGROUND
A storm system beginning on February 12, 2019, arrived on the Tibu1"011 Peninsula, ►-exulting in
rainfall totaling over 7 inches in a short time period. A washout and a landslide occurred during
this timeframe, near 1435 Vistazo West and 2032 Paradise Drive respectively, and the Council
adopted Resolution No. 02-2019 on February 20, 2019 proclaiming a local emergency in the
Town of Tiburon related to the storm damage.
1435 Vistazo West Washout Update
A request for sealed bids to perform washout repair work was opened on Thursday, August 15°i
and the project was awarded to Hillside Drilling. Inc. by the Tiburon Town Council on August
21s`. The contractor is in the process of submitting all required documents to the Town for review
and washout repair work will start as soon as possible thereafter. Town staff has submitted all
required documentation to FEMA and CaIOES to secure potential reimbursement funding for
both initial cleanup and stabilization efforts, as well as the permanent roadway repairs.
2032 Paradise Drive Slide Update
A contractor hired by the property owner at 10 Tower Point Lane has mobilized and cleared the
hillside to expose the full extent of repairs that are needed. The geotechnical engineer, structural
engineer; as well as swveyor for the project visited the site and have updated their
TOWN OF TIBURON PAGE 1 OF 2
recommendations for the design and scope of work based upon updated field conditions.
Building and Encroachment Permits to perform repair work in compliance with the updated
design were issued on August 12`x' and construction will resume on September 9"i. Alternating
one-way traffic control is in effect with flaggers during the normal workday. Const►-i►ctio►, to
stabilize the slope will be ongoing and is expected to run through the summer and fall.
Local Emer<-ency Status Update
On May 1, 2019. President Trump approved a Major Disaster Declaration for the State of
California relating to the severe winter storms and landslides that occurred on February 13-15,
2019 and approved public assistance for hazard mitigation for I l counties statewide, including
Marin County. Town staff has begun submitting requests and documentation to FEMA to request
reimbursement for emergency related work and repairs.
ANALYSIS
Due to the ongoing nature of the associated emergency conditions, the Council is asked tonight to
adopt a Resolution (Exhibit 1) continuing the declaration of a local emergency.
The Council will continue to review the need for continuing the local emergency within 30 days.
FINANCIAL IMPACT
There is no direct financial impact to the Town through approval of this Resolution. It is not
known at this time what the final cost of repairing the damage caused by the storm will be, nor is
it known whether finding will be available from State and/or Federal sources as a result Of this
storm. However, adoption of this Resolution will preserve the Town's ability to seek
reimbursement if funding becomes available.
ENVIRONMENTAL REVIEW
Staff has preliminarily determined that adoption of this item is statutorily exempt from the
requirements ofthe California Environmental Quality Act (CEQA) pursuant to Section 15378 of
the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to
constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines
Section 15061 (b)(3).
RECOMMENDATION
Staff recommends that the Town Council:
1. Approve a Resolution continuing the declaration of a local emergency related to
damage caused by a storm which occurred between February 12. 2019 and February
14, 2019.
Exhibit(s): DRAFT Resolution
Prepared By: Greg Chanis,Town Manager
TOWN of T►tit Roe I)AGE 2 or 2
EXHIBIT 1
DRAFT RESOLUTION NO. xx-2019
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
CONTINUING THE DECLARATION OF A LOCAL EMERGENCY RELATED TO
RECENT STORMS BEGINNING ON FEBRUARY 12 2019
WHEREAS, the California Emergency Services Act, Chapter 7, of the California
Government Code. commencing with § 8550 confers upon the governing bodies of the political
subdivisions of this state emergency powers necessary_ to protect health and safety_ and preserve
lives and property; and
WHEREAS, § 8630 of the California Government Code, states that "a local emergency
may be proclaimed only by the governing body of a county, city and county, or city or by an official
so designated by ordinance adopted by such governing body;" and
WHEREAS, Section 21-5 of the Tiburon Municipal Code (TMC) appoints the Town
Manager as the Director of Emergency Services and TMC Section 21.6(a)(1) empowers the
Director of Emergency Services to request that the Town Council proclaim the existence of a local
emergency; and
WHEREAS, on February 20, 2019, in accordance with California Government Code §
8630 and Tiburon Municipal Code Section 21.6(a)(1), the Town Council adopted Resolution No.
02-2019 proclaiming a local emergency; and
WHEREAS, California Government Code § 8630 requires that the Council review the need
for continuing the local emergency at least once every 30 days; and
WHEREAS, the Town Council has adopted Resolution Nos. 09-2019, 12-2019, 16-2019,
22-2019, 29-2019, and 34-2019 continuing the declaration of local emergency; and
WHEREAS, additional earth movement has occurred in the Town of Tiburon as a result of
the storm system that caused a landslide and a washout in February 2019; and
WHEREAS, the landslide, washout, and associated emergency conditions are of an
ongoing nature and the emergency should not be terminated at this time; and
WHEREAS, the Town Council does hereby find:
That conditions of extreme peril to the safety of persons and property have arisen within this
Town, caused by a series of severe storm systems with significant wind-driven rainfall
resulting in localized flooding, landslide and road closure, commencing on or about
February 13, 2019; and a local emergency is deemed to exist in the Town of Tiburon in
accordance with Town Council Resolution Nos. 02-2019, 09-2019, 12-2019, 16-2019, 22-
2019, 29-2019, and 34-2019: and
Page I of 3
Town Council Resolution No. xx-2019 DRAFT 9/18/2019
That these conditions resulted in a washout on Vistazo West and a landslide on Paradise
Drive damaging those public streets and depositing debris causing the closure of local
roadways and damaging public infrastructure and facilities; and
That these conditions are likely to be beyond the control of the services, personnel.
equipment, and facilities of the Town; and
That the aforesaid conditions of extreme peril warrant and necessitate the continuance of the
proclamation of the existence of a local emergency.
NOW, THEREFORE, IT IS HEREBY RESOLVED that the Town Council has
reviewed the need for continuing the declaration of local emergency and finds based on substantial
evidence that the public interest and necessity require the continuance of the declaration of local
emergency.
BE IT FURTHER RESOLVED that the Town Council shall review the need for-
continuing the local emergency at least once every 30 days until the Town Council terminates the
local emergency.
IT IS FURTHER RESOLVED that during the existence of said local emergency the
powers, functions, and duties of the Director of Emergency Services and the emergency
organization ofthe Town shall be those prescribed by state law, and by ordinance and resolutions of
this Town approved by the Town Council, and by the Town of Tiburon/City of Belvedere
Emergency Operalions Plan, as approved by the Town Council.
IT IS FURTHER ORDERED that a copy of this proclamation be forwarded to the
Director of the Governor's Office of Emergency Services.
IT IS FURTHER ORDERED that a copy ofthis declaration be forwarded to the Governor
of California with the request for assistance though California Disaster Assistance Act (CF)AA)
funding, a Presidential Declaration of an Emergency or Major- Disaster- and any and all recover
assistance the State of California can provide is requested.
PASSED AND ADOPTED at a regular meeting of the Town Council on September 18, 2019,
by the following vote:
AYES: COUNCII.,MEMBERS:
NAYS: COUNCILMEMBERS:
ABSENT: COIJNCILMEMBERS:
DAVID KULIK, MAYOR
TOWN OF TIBURON
Page 2 of 3
Town COunCI Resolution No. xx-2019 DRAFT 9/18/2019
ATTEST:
LEA STEFANI. TOWN CLERK
Page 3 of 3
"Down Council Resolution No. xx-2019 DRAFT 9/18/2019
Town Council Meetin<a
TOWN OF TIBURON September 18, 2019
1505 Tiburon Boulevard Agenda Item: CC-D
Tiburon, CA 94920
To: Mayor and Members of the Town Council
From: Department of Public Works
Subject: Recommendation to Adopt a Resolution approving a Memorandum of
Encroachment between the Town of Tiburon and 5 Main Street.
Reviewed By:
Greg Chanis,Town Manager Benjamin Stock,Town Attorney
SUMMARY
Recommendation to adopt a Resolution approving the Memorandum of Encroachment between
the Town of Tiburon and 5 Main Street for the use of an existing loading and unloading zone on
Paradise Drive as a valet drop-off and pick-up location.The site is located at 5 Main Street; and
is Marin County Assessor Parcel No. 059-151-41.
RECOMMENDED ACTION(S)
1. Adopt a Resolution approving the Memorandum of Encroachment between the Town of
Tiburon and 5 Main Street for Valet Service.
BACKGROUND
On January 4. 2019, Gary Bell. representative for Mina TBD Restaurant, submitted an
Encroachment Permit Application for 5 Main Street in Tiburon. The applicant is seeking
permission to use the existing loading and unloading zone located at the intersection of Paradise
Drive and Main Street as a drop off and pick up valet service location for the restaurant.
Staff reviewed the proposal and determined the Encroachment Permit Application could not be
processed in accordance with section D.1 and D.2 of Town Council Resolution No. 45-2014. 'phis
resolution does not grant staff the authority to issue the encroachment permit for this purpose.
Staff notified the applicant of their decision and requested documentation to support their
Encroachment Permit for reference to the Town Council for consideration.
The applicant delivered documentation to the Department of Public Works on June 17. 2019 for
the Town Council to consider approving their Encroachment Permit. The I..,egal Notice was
published in the ARK on July 3, 2019 and mailed out to property owners within 300" of 5 Main
Street.
TONNIN or TIBURON PAGE 1 or 2
On July 17, 2019, a Public Hearing was held at Town Council for the proposed valet services at 5
Main Street. At the conclusion of" the Public Hearin". the Town Council supported the valet
service with conditions to be set forth in the Memorandum of Encroachment and directed staff to
return at a future meeting to adopt a Resolution approving the Memorandum of Encroachment at
5 Main Street for valet service. That resolution is attached as Exhibit 1.
FINANCIAL IMPACT
StaI'l�antic ipates no direct fiscal impact to the Town.
ENVIRONMENTAL REVIEW
Staff has preliminarily determined that adoption of this item is statutorily exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of
the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to
constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines
Section 15061 (b)(3).
RECOMMENDATION
Staff recommends that the Town Council:
1. Adopt a Resolution approving the Memorandum of Encroachment between the Town
of Tiburon and 5 Main Street for Valet Service
Exhibit(s):
1. DRAFT Resolution
?. Memorandum of Encroachment
Prepared By: David O. Eshoo,Associate Engineer
To yeti or Ti[it�xoN PaGr 2 of 2
EXHIBIT 1
RESOLUTION NO. DRAFT-2019
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TI13URON
GRANTING ENCROACHMENT PERMIT 19-081 TO APPLICANT
WHEREAS, the Town's Municipal Code contains regulations regarding encroachment
permits for work proposed in Town streets, street right of ways and other Town interests in real
property (including easements) Title V. Chapter 19;
WHEREAS, said Chapter 19 establishes definitions and procedures for the review,
issuance, conditioning and revocation of encroachment permits;
WHEREAS, the Town Council shall review and act upon encroachment permit
applications entailing the construction of buildings, car decks, carports, garages or other long
term encroachments of a substantial nature and on encroachment permit applications that would
have a substantial adverse effect on vehicular or pedestrian circulation, or on public health and
safety.
WHEREAS, the encroachment permit at issue entails a long term encroachment and may
have a substantial effect on vehicular circulation, and is subject to review by the Town Council;
WHEREAS, on July 17, 2019, the Town Council held a duly noticed public hearing to
consider Encroachment Permit 19-081, requesting an encroachment on the public street outside 5
Main Street for providing Valet services to the applicant's business,
NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and
correct and are incorporated herein and form a part of this resolution.
BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon grants
Applicants Encroachment Permit 19-081 subject to the conditions provided in the memorandum
of encroachment.
BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon finds
that the issuance of the encroachment permit does not violate Town policy and that the issuance
of such encroachment permit would serve the public safety or welfare of the Town in the
following ways:
I. The valet service will provide a safe location where patrons can drop their vehicle off to
an attendant and will be directly in fi-ont of the restaurant,
2. Is not intended for the exclusive use of one business, and is available to be utilized by any
other business who are granted a separate encroachment permit for such valet services,
thereby serving a greater number of the public;
3. The valet service will utilize existing temporary parking which will enhance the public's
access to the waterfi•ont and nearby businesses:
Page I of'2
Torn Council Resolution No. Draft-2019
4. The valet service is available to other restaurants and businesses who obtain their own
separate encroachment permit;
5. The location of the valet service has been sufficiently curtailed to not unreasonably
impede traffic;
6. The benefits of providing the valet service improves business opportunities in the
waterfront area;
The foregoing Resolution was adopted at the regular meeting of the TibUron Town
Council held on September 18, 2019 by the following vote:
AYES: COUNCILMEMBERS:
NAYS: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
DAVID KULIK. MAYOR
TOWN OF TIBURON
AT'T'EST:
LEA STEFANI, TOWN CLERK
Page2gf2
Town Council Resolution No. Dipfi-2019
EXHIBIT 2
TOWN OF TIBURON
MEMORANDUM OF
ENCROACHMENT PERMIT CONDITIONS
This MEMORANDUM OF ENCROACHMENT PERMIT CONDITIONS is made and
executed at Tiburon, California, this day of 20
by
ACV ARGO TIBURON ("Owner").
RECITALS
1. Owner is the owner (or owners) of that real property located at 5 Main Street,
Tiburon, California.
2. On January 4, 2019, Owner tiled with the Town of Tiburon, a municipal corporation
("Town"), an application for encroachment permit for a valet parking service described in
Exhibit A, which is attached hereto and incorporated herein by reference.
3. Owner proposed to conduct the valet service operation on the public right-of-way or
other Town-owned land along Paradise Drive adjacent to the existing loading and
unloading 3-minute parking zone near the Ferry Terminal.
4. On _, Town granted a revocable encroachment
permit(No. EPI 9-081) ("Permit") to Owner allowing the valet service operations subject
to conditions of approval. The Permit and its conditions of approval ("Permit
Conditions") are attached hereto as Exhibit B and incorporated herein by reference. The
Permit Conditions require, among other things, that Owner maintain a safe, clean and
serviceable area and that Owner remove said valet service at Owners sole expense if the
Town requests such removal.
NOW, THEREFORE, IN CONSIDERATION OF THE TOWN'S
GRANT OF THE PERMIT, OWNERS ACKNOWLEDGE AND
AGREE TO THE FOLLOWING:
1. The Permit does not grant the Owner any permanent rights to the encroachment.
2. The Town may revoke the Permit without cause.. and all improvements are
installed at the Owner's risk. Upon receipt by Owner of a written notice from the
Town requesting Owner to remove said valet service. Owner will, exclusively at
Owner's cost and expense and within ten (10) days from receipt of said notice,
remove or cause to be removed said services. Owner shall indemnify, defend and
hold harmless the Town and its officials_ employees. agents and contractors, from
any claims, losses, damages or other liabilities that may arise from the removal
from said improvements. The obligation to defend is separate and distinct from
the obligation to indemnity and hold harmless and shall apply even if neither the
Town nor Owner is found liable for the aforesaid claims, losses, damages or other-
liabilities. The Town, in its sole discretion, may tender the defense of the action
to the applicants and/or owners or the Town may defend the action with its
attorneys with all attorney's fees and litigation costs incurred by the Town in
either case paid for by the applicant and/or owners.
3. Owner certifies they have on file a certificate of insurance as required by Town.
Such insurance shall be primary and provide coverage for all liability assumed by
the applicant and shall be provided by the Owner in minimum amounts as
required. The Town of Tiburon, its departments, agents, officials and employees
shall be named as additional insureds. It is the sole responsibility of the Owner to
maintain coverage in force for the term of the valet permit and to name the Town
as an additional insured. Said coverage shall be primary and failure to conform to
the above requirements shall not waive any responsibility of the Owner. Ten-day
written notice of change or cancellation of the policy shall be served on the
Director of Public Works Office.
4. Owner certifies they shall maintain a liability with a limit of not less than one
hundred thousand dollars ($100,000.00) for automobile physical damage, or an
endorsement to the Owner's commercial general liability policy for automobile
physical damage.
5. Owner certifies they have on file an Indemnity Agreement as required by Town.
The Owner shall be responsible for and indemnify the Town from all claims,
demands, expenses or liability including but not limited to personal injury and
property damage arising out of or related to valet services performed by the
Owner under the permit, arising out of the failure on the Owner's part to perform
valet services under the permit, arising from or caused by the structures or
encroachments placed in, on or under the Town's right-of-way. If any claim of
such liability is made against the Town, its officers or employees, Owner shall
defend, indemnify and hold the Town harmless from such claim, including claims
alleging the negligence of the Town, its officers and employees. The Town, in its
sole discretion, may tender the defense of the action to the applicants and/or
owners or the Town may defend the action with its attorneys with all attorney's
fees and litigation costs incurred by the Town in either case paid for by the
applicant and/or owners.
6. Owner certifies they have delivered notice of the application in accordance with
the requirements set out by the Town. This includes notification by the Owner of
the proposed valet parking zone to the Planning Commission and the required
adjacent business owners.
7. The permit that is the subject of this memorandum of encroachment shall be
reviewed by Town Council every 90 days for one year following the issuance of
said permit. The Town, at its sole discretion, may decline to review the permit
2
during any 90 day period. The Applicant or Owner shall also submit any other
Information that the Town reasonably determines is necessary to review the
resubmitted application or permit.
8. Owner acknowledges they shall resubmit the application for valet parking to the
Department of Public Works for review within ten (10) days of any changes or
additions. The Applicant/Owner shall pay the fee for such review. The Applicant
or Owner shall also submit any other information that the Department reasonably
determines is necessary to review the resubmitted application or permit.
Applicant/Owner acknowledges that the following represents a change or addition
in information:
a. The number or type of downtown businesses served or to be served by
the Owner or adjacent business owner.
b. Twenty (20) percent or more increase in the square footage of indoor
and outdoor floor area used by the public of the footage of indoor and
outdoor floor area used by the public of the business served or to be
served by the Owner, or twenty (20) percent or more increase in the
seating capacity of each, theater, bar or restaurant or business that has
or is allowed to have live entertainment that is served or to be served
by the Owner.
c. The location of the proposed valet parking zone in the right-of-way, or
a twenty (20) percent or more increase in the size of the valet parking
zone, or any increase in the number of public parking spaces to be
used for the valet parking zone.
d. The location of the public or private parking spaces proposed for
storing patrons' vehicles and attendants' vehicles.
e. The contract to use privately owned parking spaces for storing patrons'
vehicles.
f. The Iloul-S of operation.
�. A twenty (20) percent or more increase in the number of vehicles to be
parked during the peak hour of operation on a typical day or in the
number of parking spaces needed for storing vehicles.
9. The Owner certifies they shall provide one (I) parking station for each valet
parking zone.
a. The valet parking station shall be a removable lectern, cabinet or other
structure as approved by the Town with space for waste disposal, and
3
space to provide locked storage for keys, licenses, contracts, maps and
other dOCLlments required for providing valet parking.
b. The valet parking station shall be located as approved on the diagram
submitted by the Owner for the valet parking permit.
The valet parking station shall bear a sign, as approved by the Town the name and
phone number of the Owner, the name of each business served by the Owner and
the char-e. if any, for the valet parking. No sign other than the one required to be
mounted on the valet parking station shall be permitted on the valet parking
station.
10. Only one valet service provider is allowed to operate at one time Under this
permit, and owner/applicant agrees and acknowledges that use Of tile permit is
subject to agreeing with any other operators on how to provide those services
among each and every operator who has been granted such encroachment for
valet service.
1 1. Only if required by the valet parking permit, Owner acknowledges that they may
have directional signage fo►•the safe operation of the valet parking zone as
approved by the Town. The Owner acknowledges that they are responsible for
providing the signage. Owner certifies they shall obtain written approval from the
owner(s) of property where a sign is to be located if it is required by the terms of
the permit to provide a directional sign indicating the correct and safe approach to
the valet parking zone.
12. Owner certifies that each attendant shall be over the age of eighteen (18) years
and possess a valid driver's license that is not suspended, revoked or cancelled.
13. Owner acknowledges that at all times during the hours of operation specified in
the valet parking permit:
a. The valet parking station shall be operated by the number of attendants
specified in the valet parking permit.
b. The attendants shall refrain from consuming alcoholic beverages or
controlled substances.
14. Owner certifies they shall allow the inspection of premises and records.
a. Copies of the following documents shall be available at the valet
parking station during the hours of operation specified in the valet
parkin-, license: the valet parking permit; the certificate of insurance
and indemnification form required; the written authorization to use
private parking spaces for valet parking; the approved drawing of the
valet parking station; the approved diagram of the valet parking zone
showing the location of the valet parking station, the valet parking
zone, the removable signs, if any, and the removable cones; the
location of the parking spaces used to store patrons' vehicles and
routes to the parking spaces; and a current roster of all attendants,
including their names. addresses, phone numbers dates of birth and
driver's license numbers.
b. Copies of the receipts given to patrons for the three (3) most recent
months of operation shall be available for inspection by the Town at
all reasonable times.
c. The Owner shall allow police officers and other city agents to inspect
the valet parking station, the valet parking zone and all the records
required during the hours of operation specified in the valet parking
permit.
15. Owner certifies they shall operate valet parking operations only during the hours
of operation as approved by Town Council.
a. The placement of the valet parking station, signs, and cones only
during the hours of operation.
b. During the hours of operation, no parking shall be allowed in the valet
parking zone, other than reasonable stopping to load and unload
vehicles utilizing the valet service.
c. The valet parking zone and valet parking station shall be operated to
minimize any impediment to normal traffic and pedestrian flow.
d. The valet parking zone and valet parking station shall be operated in a
litter-free manner.
e. The valet parking zone shall be operated to avoid unsafe conditions,
including obstruction of traffic flow, patrons' stopping, opening doors
or disembarking outside the valet parking zone, or reckless driving by
attendants.
f. The valet parking zone shall be operated to avoid illegal parking by
patrons awaiting valet parking.
��. Patrons' vehicles and attendants' vehicles shall be stored only in the
parking spaces approved in the permit.
h. 11'. at any time, a vehicle stops outside the valet parking zone, the
driver shall be requested to move into the valet parking zone or move
on.
.5
16. Owner certifies they shall not provide valet parking to vehicles stopped outside
the valet parking zone.
17. Owner certifies they shall remove all litter from all parking spaces (and their
immediate vicinity) that are used for storing vehicles, and from the valet parking
zone and its immediate vicinity, at the end of the hours of operation each day.
18. Applicant acknowledges that a valet parking permit IS NOT transferable or
assignable by the Owner.
19. In consideration of the Town of Tiburon granting this valet encroachment permit,
to the full extent permitted by law, Owner, and all other persons using, acting,
working or claiming through this permit shall jointly and severally pay,
indemnify, defend and hold harmless the Town of Tiburon, its Town Council and
Town Board, commissions, officers, agents, employees, and consultants from and
against any and all claims, actions, suits, or proceedings against the Town of
Tiburon, its Town Council and Town Board, commissions, officers, agents,
employees, and consultants attacking or seeking to set aside, declare void, or
annul the approval(s) of the permit, or for alleged damages, loss. expenses,
penalties, fines or other matters (together with all attorney fees, court costs, and
the cost of appellate proceedings), arising out of or in connection with this permit,
including without limitation, claims, liability, harm or damages caused in part by
the Town of Tiburon or anyone for whose mistakes, errors, omissions or
negligence Owner or the Town may be liable. Owner agrees that it shall have no
recourse whatsoever against the Town, its officers, agents, boards and
commissions, agents or employees for any loss, costs, expenses, or damages
arising out of any provision or requirement of the Town because of the
enforcement of any provision or requirement of the Town because of the
enforcement of the permit requirements or because of defects in any of the
relevant Chapters of the Town Municipal Code, or this permit as a result of any
damage that may result from the Towns exercise of its authority under this permit
or applicable provisions of law. The Town shall promptly notify the applicants
and/or owners of any action. The Town, in its sole discretion, may tender the
defense of the action to the applicants and/or owners or the Town may defend the
action with its attorneys with all attorney's fees and litigation costs incurred by
the Town in either case paid for by the applicant and/or owners.
20. Upon the failUre of Owner to comply with any of the Permit Conditions, the
Town may declare said valet service to be a public nuisance and may take such
action as may be authorized by law to abate said nuisance. In addition, the Town
may use any and all other remedies authorized by the Town's Municipal Code or
state law.
6
2 The Permit Conditions are covenants and servitudes running with the land and
shall be binding upon Owner and successors, assignees, executors, administrators
and personal representatives thereto.
OWNER(S):
Signature':
Print Name:
Signaturet
Print Name:
Notarization of signature required
7
[This document to be recorded at the Count), gfMarin Recorder's Office)
EXHIBIT A
Application for Encroachment
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EXHIBIT B
Permit and Permit Conditions
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ENCROACHMENT PERMIT
d's COPY OF THE PER0.411MLI.ST ,I_ON-SWF AT ALL TIME1 ,REtv)EMBER,TO('11L FOR I,'S, ECTION
65 IST STREET
SONOMA CA 95476
In compliance with;your request of and sl t),ect to all the tern=s +. rditions and
restrict on written or printed a:t,,€W W Prc;Mio s and glee ol t;c n„i.ions an any pan of this Iona and
referenced attarhments,PL-R tISSION 1S HEREBY GRANTED FOR
Valet Part;irrg Service
At:J P:Iaia Street,Tiburon,CA 94920
All work shall be done in accordance with attached c on,,Jitio',I i temorandu€r,of Ercr,,+chniew
and the follmvi g Special�•onditin n((.):
1, `,I.+=rjnd t on st oci od in i+1€=tzct€tart It n of f r+r rrcfar itir>t..
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Valet Service will he fr'7m Spa M?am M anday tow Fri I F and 11 lam W 0m on Sa;U ,1_.r and S,,iqd ,:
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There v�i.l be a 9�t day Y€,ai,.4y kof tht;,e r€r.rs.;:r;tu tri) ,r; one year
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A Town Gnuruil strai3 have Etre righi to mokt?tE,d C.trCr;:Mr,-.rr.f ga aq iirm ;
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TOWN OF TIBURON Town Council Meeting
t "1-
1505 Tiburon Boulevard September 18. 2019
% Tiburon, CA 94920 A-enda ltem: AI-1
W 1�
To: Mayor and Members of the Town Council
From: Community Development Department
Subject: Town Council To Review and Provide Direction on Draft Request for
Proposal for the General Plan Update and Environmental Analysis.
lj
Reviewed By:
Greg Chanis,Town Manager Benjamin Stock,Town Attorney
SUMMARY
Town Council to review Draft Request for Proposal (RFP) for General Plan Update and
Environmental Impact Report.
RECOMMENDED ACTION(S)_
Staff recommends the Town Council review and provide input on the draft Request for Proposal for
the General Plan Update and Enviromnental Analysis before releasing the proposal to consulting
firms.
BACKGROUND
The Town is required to update the General Plan periodically. The current General Plan includes
seNen (7) mandated elements plus one (I) additional element. Various chapters of the adopted
General Plan 2020 were adopted at different times. (See table below.) The Housing Element
(adopted in 2014) needs to be updated and certified prior to 2023.
2020 General Plan
General Plan Element Adopted
Land Use Element 2005
Open Space and Conservation Element 2005
Downtown Element 2005
Circulation Element 2016
Safety Element 2005
Noise Element 2005
Parks and Recreation Element 2005
Housing Element 2014
To.NN OF TiBURON PAGE :.OF 3
September 18,2019
The current General Plan 2020 can be found on the Town's website at:
littp://townol'tiburon;or�/265/Orth nances-flans-Studies
ANALYSIS
The General Plan Update at a minimum should address three major items: Housing Element
Update, Transition fi-om Level of Service (LOS) to Vehicle Miles Traveled (VMT) in the
Circulation Element, and minor updates to the Safety Element Update.
Overall, this effort is intended to be a fine-tuning of the existing General Plan to address legal
requirenflents. Changes to the Land Use Element may be necessary as part of mousing iegisianon
requirements that could affect the Housing Element Update. This could also trigger additional
updates to the Circulation Element and updates to the Noise Element.
Staff plans to have the }-lousing Element Update completed before the end of 2022. As a General
Plan Update typically takes 18 to 24 months to complete, staff would like to send out the request
for proposals (RFP) before the end of this calendar year.
Staff is providing the Draft RFP to the Town Council for review and comment. In particular,
staff would like to get a sense of how much public outreach should be included as part of the
General Plan Update Process. The proposed schedule in the Draft RFP includes the following
required public outreach activities:
• Online Survey
• 4 Public Outreach Mectin(,s
a) Safety Updates
b) Downtown
C) Housing/Land Use
d) Circulation/Noise
• 4 Planning Commission meetings to review General Plan Element Changes based
on the public workshops
a) Safety Updates
b) Downtown
C) Housing/Land Use
d) Circulation/Noise
• 1 Planning Commission Review of Draft General Plan Update for development to
clarify project description prior to Environmental Review
• Number "IBD (As proposed by Consultant) Planning Commission Meetings for
Environmental Review
• 2 Planning Commission Meetings to review Draft General Plan after
Environmental Review is complete
• 2 Town Council Meetings to adopt General Plan
In addition, the Draft RFP asks that proposals include cost estimates for the following optional
public outreach items:
• Flyers/Brochures/other marketing material
• I Public Outreach Meeting specifically for Noise and Recreation
• I Public hiformation meeting on new Housing Laws
• General Open House and Question & Answer Session
TOWN OF TIBURON PAGE 2 OF 3
September 18,2019
• Any other public outreach options suggested by the Consultant
• Update Land Use Element 16-year cycle (This may be dependent on new housing laws.
One possible way of addressing this is a review of various scenarios. Consultant to
provide options for the Town to consider.)
• Update Circulation and Noise Elements based on any required Land Use Changes.
• Study dredging the marsh to reestablish and/or increase storm detention capacity (As part
of Environmental Analysis)
• Reformat entire General Plan (includin) cross-referencing)
• Other items suggested by the Consultant
Staff has also provided a draft schedule in the RFP (see Exhibit 1, Pages 9-10). Staff would like
the General Plan Update and Environmental Review to be completed by November 2022, which
is before the next deadline for the next Housing Element update. The Housing Element must be
certified before 2023 for the Town to continue to be on the 8-year cycle with the State of
California.
FINANCIAL IMPACT
The Town Council allocated $160,000 for the General Plan and Environmental Analysis for the
FY 19-20. Of this amount, $10,000 would be used for Town Attorney review. Staff will be able
to provide detailed costs to the Town Council once we receive proposals. After Staff has selected
a Consultant, staff will bring the proposed contract to Town Council for review and approval.
RECOMMENDATION
Staff recommends the Town Council review and provide input on the draft Request for Proposal for the
General Plan Update and Environmental Analysis before releasing the proposal to consulting firms.
EXHIBITS
1. Draft RFP for General Plan Update and Environmental Impact Report
TOWN OF TTBURON PAGE 3 OF 3
EXHIBIT 1
wz
Town of Tiburon
General Plan Update and Environmental Analysis
Request for Proposals (RFP)
Town of Tiburon
Community Development Department
1505 Tiburon Boulevard
Tiburon, CA 94920
Sung H. Kwon, MCRP MBA AICP
Director of Community Development
RFP Submittal Deadline
November 2019
Request for Proposal
Tiburon General Plan Update and Environmental Analysis
Table of Contents
I. Introduction
2. Background
3. General Plan Update Vision
4. The Town's Role
5. Scope of Work
6. Submittal Requirements
7. Selection process and Tentative Schedule
8. Proposal Terms and Conditions
2
Request for Proposal
Tiburon General Plan Update and Environmental Analysis
Introduction
The Town of Tiburon's Community Development Department requests proposals from
qualified firms, Consultants or Consultant teams (Consultant) with specific experience in
General Plan updates, associated public engagement. and preparation of the corresponding
environmental documents. The selected Consultant will work in conjunction with the
Town to update the General Plan and prepare the required environmental documents.
Proposal should include all information in this Request for Proposals(RFP), demonstrating
experience with General Plan updates, public engagement, and CEQA review.
Background
The Town of Tiburon, with a population of approximately 9,000, is located just a few miles
north of the Golden Gate Bridge in southern Marin County. The exceptional views, high
quality schools, serene lifestyle, low crime levels and high level of public services make
Tiburon one of the most desirable places to live in the State.
Tiburon prizes its historic village character- while enjoying easy access to San Francisco.
Given these attributes, Tiburon residents, along with the business community, expect
excellent public services. The Town strives to meet and exceed those expectations.
Tiburon was incorporated in 1964 as a General law municipality and operates under the
Council-Manager form of government. In the last update of the General Plan, the
community expressed a broad consensus that the Town of Tiburon is a unique and special
place because:
• The Town possesses some of the best views available anywhere in the world.
• The Town, is at heart, a small town with a village character, a residential refuge
from the City of San Francisco and the more urbanized parts of Marin County.
• The Town has a vast network of open space including most of the peninsula's
backbone, the Tiburon Ridge, which provides a unique commwiity resource that
can be enjoyed by residents and visitors alike.
Overall, it is the purpose and intent of the General Plan to plan for the future while
preserving these key characteristics of the Town.
General Plan Update Vision
The Town of Tiburon last updated and adopted its current General Plan in 2005; the
Housing Element was adopted in 2014 and Circulation Elements was adopted in 2016,
which means both elements are on a different timeline than the other required elements.
3
Request for Proposal
Tiburon General Plan Update and Environmental Analysis
This General Plan includes the seven (7) mandated elements plus one (1) additional
element listed below:
1. Land Use Element (2003)
2. Open Space and Conservation Element (2003)
3. Downtown Element (2003)
4. Circulation Element (Up(lated in 2016)
5. Safety Element (2003)
6. Noise Element(2003)
7. Parks and Recreation Element (2000
8. Flousing Element (Updated in 2011 fog^ 2013-2023 Regional Housing Needs
,4ssessment (REINA) cycle)
The Town has also adopted a Climate Action Plan, which will be updated by the end of
2019.
The current General Plan 2020 can be found on the Town's website at
httpi*//tow noftiburon.or,/265/Ordinances-Plans-Studies
Each chapter contains narrative text providing the context for the topic,followed by Goals,
Policies, and Programs. Maps, tables, and other graphics are included throughout the
document. The state-mandated Environmental Justice Element has not yet been added to
the Plan and will need to be developed through the updated process. Other elements can
be added to the update as well i.e. Sustainability, Air Quality, etc.
An update is desired to provide the opportunity to refine the plan, address emerging trends
and recent State laws, consider new issues and remove completed implementation
meaSUres. This effort is intended to be a fine-tuning of the existing General Plan rather
than a comprehensive overhaul of the document. Additionally, the update provides an
opportunity to: 1) refine existing policies that may no longer be serving the community as
intended, and 2) to update information that is no longer current.
Town's Role
The Town Council consists of 5 COunCilmembers serving four-year terms. Each year. the
Council as a whole choose members to serve as Mayor and Vice-Mayor for one year terms.
The Town Council meets the first and third Wednesday of each month.
The Council appoints a five-member Planning Commission that meets on the second and
fourth Wednesday of each month. Other standing committees include the Design Review
Board, Parks, Open Space, and Trails Commission, and Heritage and Art Commission.
The staff is led by a Town Manager who directs the Town's four operating departments
including Administrative Services, Public Works, Police, and Community Development.
4
Request for Proposal
Tiburon General Plan Update and Environmental Analysis
Fire, Seaver, Water- Recreation and Library services are provided by either Special Districts
or-joint Powers Authorities.
The Consultant will work under the direction of the Community Development Director.
The Planning Division currently consists of a full-time Community Development Director
(who also oversees the Building Division), a Senior Planner, a Planning Technician, and a
Community Development Aide.
Due to the small number of employees in all Town departments, staff time dedicated to
this project will be limited. However, staff is most familiar with the day today issues faced
by Tiburon and will need to implement the General Plan long after its preparation and
adoption. The Consultant schedule and budget should include appropriate time and work
sessions with Town staff. Staff will read and edit all administrative and final draft products
prepared by the Consultant. Staff will also attend all public meetings and presentations
and will be available for-questions but not research or data collection.
Scope of Work
The Town of Tiburon is soliciting proposals from Consultants to prepare a focused update
of the General Plan and including the necessary environmental review. The document must
articulate the community's vision for the future and meet all State guidelines and legal
requirements. The Town Council retains the authority to refine the update process and
work products. The Town welcomes proposers' comments and suggestions on how to best
Structure the update process.
The Town is receptive to alternative approaches other than those listed here which
proposers believe would provide value to producing a General Plan that reflects the unique
character ofTiburon. The following describes specific components that should be included
in the scope of work:
• Prepare a detailed workplan for the General Plan update, including detailed
schedules of dates and activities.
• Conduct background studies and review the existing General Plan and other
planning documents to identify inconsistencies between these documents and
compliance with State Law.
• "Tribal Consultation. (as soon as possible)
• Collect and utilize existing back«round information and data.
• Meet with Town staff, the Planning Commission, and Town Council:
o explain how the proposers intend to vwork with Town staff.
o The Consultant team is expected to attend and present at least two (2)
Planing Commission and two (2) Town Council meetings and public
hearings.
• Provide a cohesive format for all sections of the General Plan, including tables.
section headings, charts, graphs, naps, figures, attachments, etc.
• Establish and implement a community outreach program:
5
Request for Proposal
Tiburon General Plan Update and Environmental Analysis
o The Consultant team is expected to facilitate at least three (3) community
workshops visioning exercises and/or other engagement activities.
• Work with Town staff to refine an outline of the updated General Plan.
• Consult with other regulating agencies necessary for completing a General Plan
Update and for consistency with regional (Marin County), state and federal
planning efforts;.
• Develop a Draft General Plan Update.
• Provide documents (and document elements) in Word and PDF.
• Conduct necessary environmental analysis and preparation of high quality, legally
defensible California Environmental Quality Analysis (CEQA) compliance
documentation for the General Plan Update.
• Develop a Final General Plan and associated CEQA document for review and
consideration for adoption.
• Minimum Requirements:
1) Update Housing Element 8-year cycle. (may need to specify specific tasks
to address SB2 grant funding timing limitations)
2) Separate Costs for Housing Analysis. (SB2 funding)
3) Review of Housing laws. (objective standards will be provided by another
Consultant under a separate contract)
4) Update Safety Element.
5) Develop emergency routes map.
6) Transition from Level of Service (LOS) to Vehicle Miles Traveled (VMT).
7) Update Downtown Element & address Downtown Revitalization.
8) Update Open Space and Conservation Element. (minimal update
anticipated)
9) Update Parks and Recreation Element. (minimal update anticipated)
10) Environmental Justice Discussion (minimal work due to lack of hazardous
conditions)
11) Update all General Plan Maps as necessary. (and zoning map if necessary)
12) Update General Plan Policies.
13) Update Circulation Element with updated traffic for Baseline and Future
Conditions. (minimal policy updates anticipated)
14) Update Noise Element with updated noise map Baseline and Future
conditions. (minimal policy updates anticipated)
15) Public Outreach as outlined in the draft schedule.
16) Environmental Analysis. (please provide a separate cost estimate)
17) Planning Commission meetings for Environmental Review.
Optional items: Please provide separate cost estimates for each task.
18) Update Land Use Element 16-year cycle. This may be dependent on new
housing laws. One possible way of addressing this is a review of various
scenarios. Please provide options for the Town to consider.
l 9) Additional Circulation and Noise Elements based on any required Land Use
Changes.
20) Study dredging the marsh to reestablish and/or increase storm detention
capacity. (as part of Environmental Analysis)
6
Request for Proposal
Tiburon General Plan Update and Environmental Analysis
21) Reformat entire General Plan. (including cross-referencing)
22) Any additional Public Outreach including but not limited to:
• Flyers/Brochures/other marketing material.
• 1 Public Outreach Meeting specifically for Noise and Recreation.
• 1 Public Information meeting on new Housing Laws.
• General Open House and Question & Answer Session.
• Any other public outreach options suggested by the Consultant.
23) Other items suggested by the Consultant.
Submittal Requirements
Submit seven (7) hard copies (include one (1) original copy) of the proposal in an 8 ''/2" by
I F format, in sufficient detail to allow for a thorough elevation and comparative analysis
and provide one (1) electronic copy on a USB drive (PDF only). All copies, including the
electronic copy shall be provided in a sealed envelope. Proposer's name and address
Should be clearly marked on the outside of the envelope/package. Emailed or faxed
proposals will not be accepted.
Submit Proposals to: Sung H. Kwon, MCRP MBA AICD
Director of Community Development
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920
Proposals must be hand delivered no later than 5:00 PM, November 2019 (Pacific
Time). The Consultant submitting the proposal is responsible for the means of delivering
the proposals to the location listed above and in accordance to the deadline. All proposals
submitted after the deadline shall not be accepted.
The proposal must include. at a minimum, the following information in sectionalized
format addresses the work in the RFP:
1. Cover Letter/Executive Summary oftransmittal should be included. duly signed by
an office or other person empowered to commit the Consultant to the terms and
conditions of the proposal. This letter should also address the willingness on the
part of the Consultant to utilize the Town's Service Agreement (attached hereto).
a. All proposers must identify in their proposal any terms and conditions that
they wish to negotiate.
2. The qualifications and experience of the Consultant team, including sub-
Consultants, should be detailed (be specific especially with experience in hoLIsing
law, tribal law and understanding of CEQA). Please emphasize the specific
qualifications and commitment to the project by key team members such as the
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Request for Proposal
Tiburon General Plan Update and Environmental Analysis
Project Manager. Unless beyond the Consultant's control, we expect the team
designated as part of your proposal to remain with the project and perform work as
outlined in the proposal. This section should also include a detailed work plan with
schedule describing how tasks will be organized and which team member will
complete it. The consulting firm can pick their team and choose different sub-
Consultants to assist with the update. An organization chart should be included.
3. A description of general plans, public engagement and related CEQA documents
that have been recently completed.
4. The proposal should demonstrate your team's understanding of the project and
significant steps, methods and procedures to be employed by your firm to ensure
quality end products that be delivered within the required time frames and your
identified budget.
a. The budget shall be broken down by objective, function, Consultant, work
phase and work product. Indicate hourly rates of individuals involved and
the fee structure for additional work outside of contract.
5. Statement that the firm(s) has sufficient staff resources and capability to preform
the work contained within this RFP during the timeframe of the entire General Plan
process.
6. Project references, with names and phone numbers of contact persons. Provide at
least 3 references from the last five years.
Questions regarding the RFP shall be submitted in writing to Kyra O'Malley, Senior
Planner, phone at (415) 435-7397 or by email at komalleyCtownoftiburon.ora. Written
responses will be sent to all parties who have expressed an interest in applying for the
opportunity. Questions will not be accepted by phone. All questions must be received by
October , 2019 by 5:00 PM Pacific time).
Selection process and Tentative Schedule
This RFP does not commit the Town to enter into a contract. nor does it obligate the Town
to pay for any costs incurred in preparation and submission of proposals or in anticipation
of a contract.
An agreement shall not be binding or valid with the Town unless and until it is executed
by authorized representatives of the Town and the proposer.
Consultants will be evaluated by the Community Development Department through a panel
on the following criteria:
• Cost of preparing the General Plan and related environmental documents.
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Request for Proposal
Tiburon General Plan Update and Environmental Analysis
• Professional competence and qualifications in the preparation ofoeneral plans.
community engagement and CEQA documents.
• Experience of personnel assigned to the project.
• Quality of the proposal. The proposal should clearly demonstrate the firm's
understanding of the Town's overall objectives in the General Plan update, EIR,
and related community engagement.
• Ability to produce high quality documents that are readable that can be published
in hard copy form and electronically.
• Demonstrate ability to work with local government staff.
• Ability to complete the project within desired scheduled and budgeted cost.
• Review of references.
Respondents, if selected for an interview, should be prepared to attend an interview in
Tiburon at Town Hall, 1505 Tiburon Boulevard, Tiburon, CA 94920. The top three to four
proposals will be invited to an interview. The interview will help to clarify each proposal
and the approach and qualifications for the project. Based upon the interview and
evaluation of the proposals, the top-ranked Consultant will be selected.
Tentative RFP timeline
• RFP issued September----, 2019
• Deadline for questions/clarifications October . 2019
• Proposals Due November . 2019
• Interviews January/February 2020
• Selection of Consultant March 2020
• Start Project March/April 2020
The Town anticipates a 2-year schedule for the adoption of General Plan update and the
Certification of the Final EIR. A draft schedule is provided; however, the Consultant may
wish to provide a more detailed schedule based on their understanding of the project. In
addition, the Town expects meetings in between the dates for hearings with Planning
Commission and Town Council. The proposal shall also keep in mind of the California
Department of Housing and Community Development (HCD) timeline for the Housing
Element update. which would need to be submitted to HCD within 120 days of January 15.
2023.
Draft Project Timeline
Planning Commission Information Session about the General Plan November 2019
Update
Kickoff Meeting March/April 2020
Survey/Tib Talk/Webpa e May 2020
Vision Public Workshop#1- 5 Elements (Open June 2020
Space/Conservation,Safet , Parks and Recreation
Admin Draft Section Updates: Open August 2020
Space/Conservation/Safety/Parks and Recreation
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Request for Proposal
Tiburon General Plan Update and Environmental Analysis
Planning Commission #1- Draft Review of Changes August 2020
Vision Public Workshop#2 - Downtown Element (Chambers of September 2020
Commerce/Designation Tiburon and Local Businesses)
Admin Draft Section Downtown Element
Planning Commission #2- Draft Review of Changes October 2020
Draft RHNA Numbers Available (Anticipated) January 2021
Vision Public Workshop#3- Land Use/Housing Elements March 2021
(Including State housing laws)
Admin Draft Land Use &Housing Elements May 2021
(SB2 Funding: Housing Analyst's completed rior to June 30, 2022)
Planning Commission #3 Draft Review of Changes May 2021
Vision Workshop#4- Circulation, Noise June 2021
Planning Commission #4 Draft Review of Changes
Admin Draft General Plan All Elements July 2021
Complete Draft General Plan August 2021
Planning Commission Review of Draft General Plan Update October 2021
Finalize Project Description November 2021
Notice of Preparation Scoping Meeting September 2021
Traffic Counts&Noise Analysis September 2021
Admin. Draft EIR January 2022
Draft EIR/Begin Comment Period February 2022
Comment Period Ends Aril 2022
Preliminary Response to Comments May 2022
Final EIR June 2022
Planning Commission Review of Environmental Analysis TBD by Consultant
Planning Commission Review 1 July 2022
Planning Commission Review 2 August 2022
Town Council Review 1 September 2022
Town Council Review 2 October 2022
Adoption by Town Council Certification of Final EIR October 2022
Housing Element Certification by HCD November 2022
Proposal Terms and Conditions
Public Records Act
This RFP document and all submittals in response thereto are public records. Prospective
Consultants are cautioned not to include any material in the proposal that is strictly
proprietary in nature.
Product ownership
All work products will become the property of the Town of Tiburon. The Town will
maintain the right to edit, update. and/or modify any and all work products at is sole
discretion. Work products may be used by the firm as reference upon the adoption of the
General Plan by Town Council.
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Request for Proposal
Tiburon General Plan Update and Environmental Analysis
Town's pre-qualified list of Environmental Firms
The Town currently has an approved list of pre-qualified Consultants to prepare
environmental documents and special environmental impact studies in accordance with
local, state, and federal regulations. The Town nnay select firms fi-om the list of pre-
qualified consulting firms to perform these services for the Town on an as-needed basis.
Independent Contractor
The firm will, at all times, be an independent contractor pursuant to the contract, and shall
not, in any way, be considered to be an officer,agent, or employee ofthe Town of Tiburon.
Reservations of rights
The Town reserve the rights, for any reason to accept or reject any one or more proposals;
to negotiate the terms and specifications of the proposal, and/or to modify any part of the
RFP or issue a new RFP.
The Town reserves the right to hire a different Consultant to complete the CEQA
compliance work separate from the principal Consultant completing the General Plan
Update.
Professional services agreement
All proposers must identify in their proposal any terms and conditions that they wish to
negotiate. Liability insurance is required.
Proposal costs
All costs associated with the preparation of the RFP submittals shall be borne by the
proposer. This RFP does not constitute any form of offer to contact.
Disqualification
Any of the following may be considered cause to disqualify a candidate without further
consideration:
• Evidence of collusion among proposers:
• Any attempt to improperly influence any member of the evaluation panel;
• A proposer- default in any operation of a professional services agreement which
resulted in termination of that agreement;
• Existence of any lawsuit, unresolved contractual claim or dispute between
candidate and the Town;
• Evidence of incorrect information submitted a part of the proposal; and
• Evidence of pr-oposer's inability to successfully complete the responsibilities and
obligations of the proposal.
Public Participation
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Request for Proposal
Tiburon General Plan Update and Environmental Analysis
The Town considers public participation an integral component to the overall success of
the General Plan update. The Consultant shall organize and facilitate all public
participation events. Town staff will attend all public outreach events. These events can
include workshops, desi-ii charettes, and public meetings. Please feel free to also propose
public outreach meetings that are held by staff.
Related Documents for References
The Town has provided a resource ofdocumems on the Town's website at
haps://towi10ft I hio1 /201d_il»ccs-PlanStudies
.. _-------; to name a few, but not limited to:
• General Plan 2020
• Bicycle Pedestrian Master Plan 2016
• Climate Action Plan 201 1 (Update anticipated in 2019)
• Open Space Resource Management Plan 2010
• Marin County Multi-JUn-isdictioi Local Haza►-d Mitigation Plan 2018
• Downtown Circulation and Parking Analysis 2012
• Tiburon Peninsula Recreation Needs Assessment 2011
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