Loading...
HomeMy WebLinkAboutTC AGd Pkt 2014-04-16 (2)TOWN OF TIBURON Tiburon Town Council Tiburon Town Hall April 16, 2014 1505 Tiburon Boulevard Regular Meeting — 7:30 p.m. Tiburon, CA 94920 Closed Session — 7:10 p.m. IaCe1�a�17:1 TIBURON TOWN COUNCIL CLOSED SESSION — (7:10 p.m.) CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: (One case, relating to alleged damage to 35 Lyford Drive in Tiburon from water run off from public right of way) CALL TO ORDER AND ROLL CALL Councilmember Fraser, Councilmember O'Donnell, Councilmember Tollini, Vice Mayor Doyle, Mayor Fredericks CLOSED SESSION ANNOUNCEMENT, 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. PRESENTATION • MMWD Drought Update (Boardmember Larry Russell) 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. 1. Town Council Minutes - Adopt minutes of April 2, 2014 meeting (Town Clerk Crane Iacopi) 2. Tiburon Boulevard Medians - Approve agreement with CalTrans for maintenance of medians (Department of Public Works) ACTION ITEMS 1. Special Event Permit Application - Consideration of a Special Event Permit application submitted by Landmarks Society to stage an event at Shoreline Park (Town Clerk Crane Iacopi) - continued without hearing f om April 2, 2014 2. Marin Emergency Radio Authority Ballot Measure - Presentation and request for support of November 2014 ballot measure; resolution (Chief of Police Cronin) 3. Tiburon General Plan Housing Element - Preliminary Draft Housing Element for the 2015- 2023 Planning Period: Accept public comment and provide comments & recommendations (Community Development Department) PUBLIC HEARING General Plan and Zoning Ordinance Amendments - Consider amendments to the Tiburon General Plan, Tiburon Zoning Map and text amendments to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code regarding Affordable Housing Overlay Zoning on properties at 1599 &r 1600 Tiburon Boulevard and 2 Beach Road, and related mapping and policy amendments; Assessor Parcel Nos. 058-171-97,059-101-01 &r 058 - 171 -86; MCA 2014 -01; GPA 2014-01 (Community Development Department) TOWN COUNCIL REPORTS TOWN MANAGER'S REPORT WEEKLY DIGESTS • Town Council Weekly Digests -April 4 & 11, 2014 AWOURNMENT 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.ci.tiburon.ca.us. 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. UN 7-frefirl—KTROWN 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. TOWN COUNCIL MINUTES CALL TO ORDER CC - -I Mayor Frederi c led th lar meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesda , April 2, 2014, ' Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: PRESENT: EX OFFICIO: ORAL COMMUNICATIONS Doyle, Fraser, Fredericks, O'Donnell, Tollini Town Manager Curran, Town Attorney Danforth, Director of Community Development Anderson, Town Clerk Crane Iacopi Pamela McConnell- Douglass spoke about her 40 -year residency, her accomplishments, and her distress at being allowed to be a "poor lady" among the wealthy in Tiburon and Belvedere. PRESENTATION • Introduction of Tiburon Tourism Group new Marketing Director, Anh Sundstrom Councilmember Fraser introduced Ms. Sundstrom, who told the Council a little bit about herself and her marketing background. She said that she lived locally and was excited to be working with such a motivated group. Town Manager Curran said that she, too, was delighted that Sundstrom was on board. She noted that the TTG had been formed with Business Improvement District dollars which would be ongoing and sustainable. • The Ranch (Joint Recreation) Annual Report — Cathleen Andreucci, Executive Director Director Andreucci gave a powerpoint presentation showing the success of the Recreation programs over the last five years. She expressed gratitude to the Council for making the new facility at Dairy Knoll a reality and said that programming was falling into place and would be up to full speed in the near future. She also explained the process of renaming the organization "The Ranch ". She said it started by identifying the things "we are not", such as "Parks and Recreation" (the TV Show); and Parks and Recreation (fielding calls for reservations of parks over which they have no purview in the Town). Andreucci said that "Joint Recreation" also failed to explain or express the mission of The Ranch, so they came up with a new name and said DRAFT cil Minutes #xr -2014 April 2, 2014 Page 1 they would, over the next couple of years, be able to explain who they were in a more current fashion to reflect "the way we live today ". Andreucci also said they were embarking on a new, five -year planning process. The Council commended Ms. Andreucci and her group for their success. During public comment, Pamela McConnell- Douglass asked Ms. Sundstrom how she had gotten the marketing job. Ms. Sundstrom provided some more background information on her job history and experience. With regard to The Ranch, Ms. McConnell - Douglass suggested that the families of the Hilarita be included in future outreach and communications about Dairy Knoll programming. Ms. Andreucci agreed, stating that she had recently met with one of the members of the Hilarita Board about this. Mr. Steven Douglass commented that there was an increasing traffic problem in that area due to the convergence of Reed School traffic, the Hilarita, and Dairy Knoll. CONSENT CALENDAR 1. Town Council Minutes — Adopt amended minutes of February 5, 2014 meeting (Town Clerk Crane Iacopi) 2. Town Council Minutes —Adopt minutes of March 5, 2014 meeting (Town Clerk Crane Iacopi) 3. Town Council Investment Summary —Accept February 2014 report (Director of Administrative Services Bigall) 4. Fair Housing Proclamation — Adopt annual proclamation in support of April 2014 Fair Housing Month (Town Clerk Crane Iacopi) 5. Town Manager Employment Agreement — Recommendation to adopt agreement and authorize Mayor to execute the Fifth Amendment to the Town Manager's Employment Agreement (Town Attorney Danforth) Councihnember Tollini made a correction to Page 5 of the March 5 minutes (Item No. 2 on Consent), stating that she had pointed out there were several discrepancies [rather than a single discrepancy] in the audit. She noted, however, that these discrepancies had been explained and corrected in the follow -up memo from staff. MOTION: To approve Consent Calendar Item Nos. 1 through 5, as amended. Moved: O'Donnell, seconded by Fraser Vote: AYES: Unanimous DRAFT Town Council Minutes #xr -2014 April Z 2014 Page 2 ACTION ITEMS 1. Tiburon General Plan — Recommendation to adopt the annual General Plan Implementation Status Report for Calendar Year 2013 (Community Development Department) Director of Community Development Anderson referenced his written staff report and said this was an annual report required by the State. He asked Council if it had any questions or comments prior to sending it to Sacramento. Mayor Fredericks had a correction to the name of the Water Transportation Agency on page 7; she said it was now called the Water Emergency Transit Agency. She also asked about the Housing Trust Fund referenced on page 18 and whether the Town could pool funds with another jurisdiction; also, whether the Inter jurisdictional Housing Fund (with Belvedere and Marin County) was comprised of RHNA funds. Director Anderson said that the latter was one of the potential funding sources in 2005 that never materialized. He also said that the State did not approve pooled funds for the reasons mentioned in the report. Councilmember O'Donnell suggested adding a reference to a traffic roundabout at the Mar West/Tiburon Boulevard, in lieu of signalization. He said this might be considered during the Library construction process. Director Anderson responded that the [Library] project originally envisioned signalization but had evolved to a point where the Town now describes it in terms of "intersection improvements ". He said the broader nature of this term could include a possible roundabout. O'Donnell recommended adding the word "roundabout" explicitly to the document. Staff concurred. Mayor Fredericks asked about the next round of funding requirements for "Complete Streets" in the One Bay Area Grant (OBAG) process. Director Anderson said that the Complete Streets requirements would be incorporated during the updating review of the General Plan Circulation Element; he said that the consultant contract had just been let for that work. Anderson also noted that the Town had adopted Complete Streets policies by resolution a few years ago and that the Town's consultant had been directed to incorporate those policies into the updated Circulation Element. If it appears that the Circulation Element update will not be completed by the end of 2014, the Complete Streets portions will be added to the existing Circulation Element in time to meet the OBAG requirements for funding during the upcoming 2015 cycle. There was no public comment. MOTION: To adopt the report, as submitted. Moved: Tollini, seconded by O'Donnell Vote: AYES: Unanimous DRAFT Town Council Minutes #xx -2014 April 2, 2014 Page 3 2. Special Event Permit Application — Consideration of a Special Event Permit application submitted by Landmarks Society to stage an event at Shoreline Park (Town Manager Curran) — item continued to April 16, 2014 TOWN COUNCIL REPORTS None. TOWN MANAGER'S REPORT None. WEEKLY DIGESTS • Town Council Weekly Digests — March 7, 14, 21 & 28, 2014 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Fredericks adjourned the meeting at 8:10 p.m. ALICE FREDERICKS, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK DRAFT Town Council Minutes #, - -2014 April 2, 2014 Page 4 To: From: Subject: Reviewed By: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Public Works Department Town Council Meeting April 16, 2014 Agenda Item: CC—,� Recommendation to Approve Amendment No. 1 to the Town/Caltrans Maintenance Agreement for Medians on Tiburon Boulevard —` BACKGROUND The Town is in the process of obtaining Caltrans permits for the pending Median Landscape project. In addition to requiring an encroachment permit for a local agency to conduct improvements, it is standard for Caltrans to require the agency to enter into an agreement to maintain the improvements afterwards. The Town already has a median maintenance agreement with Caltrans, entered into in 1980. That agreement must be amended before Caltrans will issue an encroachment permit for this proposed work in the Caltrans right -of -way. This proposed Amendment No. 1 is attached. It imposes the same maintenance requirements as the 1980 agreement for the additional medians to be planted between Cecilia Way and Bay Vista Drive. The medians are currently maintained under a contract with Gardener's Guild; the cost is shared 75% - 25% with the City of Belvedere. FISCAL IMPACT Assuming the project is built, the amendment would require the Town to incur $800 /month in additional maintenance expense. The City of Belvedere is being asked to continue the cost - sharing arrangement with the proposed new landscape median area in addition to making a capital contribution to the project, but the City's participation level is unknown at this time. If Belvedere agrees to share this maintenance expense, the net increase to the Town will be approximately $600 /month. RECOMMENDATION Staff recommends that the Town Council: Adopt the attached resolution approving Amendment No. 1 to the 1980 Agreement for Maintenance of State Highways in the Town for maintenance of the medians between Cecilia Way and Bay Vista Drive and authorize its execution by the Mayor. Exhibit: 1. Resolution 2. Amendment No. 1 Prepared By: Al Petrie, Interim Director of Public Works/Town Engineer TOWN OF TIBURON PAGE 1 OF 1 RESOLUTION NO. -2014 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING AN AMENDMENT TO THE 1980 AGREEMENT WITH THE STATE DEPARTMENT OF TRANSPORTATION FOR THE MAINTENANCE OF HIGHWAYS IN THE TOWN WHEREAS, on July 1, 1980, the Town of Tiburon and the State Department of Transportation ( "State ") entered into an Agreement for Maintenance of State Highways in the Town of Tiburon ("Agreement "); and WHEREAS, the Agreement provides that the parties may modify or amend the Agreement by mutual consent; and WHEREAS, the Town desires to install and maintain roadside and median landscaping improvements, on State Route 131, also know as Tiburon Boulevard, pursuant to a State - issued encroachment permit ( "Project "); and WHEREAS, the parties hereto now desire to amend the Agreement to reflect the Project. NOW, THEREFORE BE IT RESOLVED by the Town Council of the Town of Tiburon as follows: 1. All the Recitals above are true and correct and incorporated herein. 2. The Town Council hereby approves the Amendment to the Agreement, which is attached hereto and incorporated herein by reference and authorizes the Town Manager to enter into and execute the Amendment on behalf of the Town. The Town Manager is further authorized to implement the Agreement, as amended, and take all further actions and negotiate and execute all other documents which are necessary or appropriate to (a) carry out the Agreement as amended; and (b) obtain such other State approvals as are necessary to construct and maintain the Project. 3. The Town Clerk shall certify to the adoption of this Resolution. 4. This Resolution shall take effect immediately upon adoption. Tiburon Town Council Resolution No. —2014 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon this 16'b day of April, 2014, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Tiburon Town Council Resolution No. -- -2014 Exhibit 2: CalTrans Agreement To be submitted... TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Public Works Department Town Council Meeting April 16, 2014 Agenda Item: 07- Recommendation to Approve Amendment No. 1 to the Town/Caltrans Maintenance Agreement for Medians on Tiburon Boulevard Attached is the Amendment No. 1 to the Town's 1980 agreement with Caltrans for the maintenance of the medians, as well as a revised Resolution. Staff recommends adoption of the Resolution approving the amendment. Exhibit: Amendment No. 1 and Resolution Prepared By: Diane Crane Iacopi, Town Clerk AMENDMENT NUMBER I AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE TOWN OF TIBURON This Amendment No. 1 to the Agreement for Maintenance of State Highways in the Town of Tiburon is made and entered into by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE ", and the Town of Tiburon, hereinafter referred to as "TOWN." WITNESSETH: WHEREAS, an Agreement for Maintenance of State Highways in the Town of Tiburon, hereinafter referred to as "AGREEMENT ", as provided for in Section 130 of the Streets and Highways Code, was executed by TOWN on March 5, 1980, and by STATE on March 21,1980; and WHEREAS, AGREEMENT by its terms provides that it may be modified or amended at any time upon mutual consent of the parties; and WHEREAS, TOWN desires to maintain median landscaping improvements, and improvements constructed under STATE issued Encroachment Permits on State Route 131 (Tiburon Boulevard) within the jurisdictional limits of TOWN; and WHEREAS, the parties hereto now desire that AGREEMENT be amended. NOW, THEREFORE, the parties agree to amend AGREEMENT as follows: The attached page labeled "Effective July 1, 2014," Section J of AGREEMENT, and numbered "PAGE 6 of 8" shall be substituted for like numbered page in AGREEMENT, . and shall cancel and supersede such like numbered page, becoming a part of AGREEMENT for all purposes. 2. This Amendment No. 1 to AGREEMENT shall become effective on July 1, 2014 and shall remain in full force until amended or terminated as provided for in Section L of AGREEMENT. In all other respects, AGREEMENT shall remain in full force and effect. TOWN OF TIBURON STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATON MALCOLM DOUGHERTY Mayor Director of Transportation Attest By Town Clerk NADER ESHGHIPOUR Date Deputy District Director District 4 Maintenance Approved as to form: Town Attorney Town of Tiburon Amendment No. 1 PAGE 6 of 8 Effective July 1, 2014 J. DELEGATION OF MAINTENANCE The specific maintenance function indicated below is hereby delegated to the TOWN. This delegation of maintenance function set forth herein does not include the control and maintenance areas and functions which rest with the TOWN under the terms of executed Freeway Agreements and/or Freeway Maintenance Agreements. Route Number Program Delegated 131 HM2C HM2E (See footnotes 1, 2 and 3) Footnotes: 1. The STATE will not pay for the maintenance of any sidewalks. TOWN agrees to follow the same policy and procedure generally followed by it with respect to streets of TOWN in the matter of requiring sidewalk repairs and control of vegetation to be made by or at the expense of abutting owners who are under legal obligation to perform such work. 2. Maintenance of landscaped areas or other ornamental plantings in the median area will be performed by TOWN at no expense to STATE. 3. Maintenance of improvements constructed under an Encroachment Permit within STATE's right of way; non -STATE standard materials, pavement markings, and pavement treatments in and near crosswalks will be performed by TOWN at no expense to STATE. RESOLUTION NO. -2014 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING AN AMENDMENT TO THE 1980 AGREEMENT WITH THE STATE DEPARTMENT OF TRANSPORTATION FOR THE MAINTENANCE OF HIGHWAYS IN THE TOWN WHEREAS, on July 1, 1980, the Town of Tiburon and the State Department of Transportation ( "State ") entered into an Agreement for Maintenance of State Highways in the Town of Tiburon ( "Agreement "); and WHEREAS, the Agreement provides that the parties may modify or amend the Agreement by mutual consent; and WHEREAS, the Town desires to install and maintain median landscaping improvements, on State Route 131, also know as Tiburon Boulevard, pursuant to a State - issued encroachment permit ("Project"); and WHEREAS, the parties hereto now desire to amend the Agreement to reflect the Project.. NOW, THEREFORE BE IT RESOLVED by the Town Council of the Town of Tiburon as follows: 1. All the Recitals above are true and correct and incorporated herein. 2. The Town Council hereby approves the Amendment to the Agreement, which is attached hereto and incorporated herein by reference and authorizes the Mayor to enter into and execute the Amendment on behalf of the Town. The Town Manager is further authorized to implement the Agreement, as amended, and take all further actions and negotiate and execute all other documents which are necessary or appropriate to (a) carry out the Agreement as amended; and (b) obtain such other State approvals as are necessary to construct and maintain the Project. 3. The Town Clerk shall certify to the adoption of this Resolution. 4. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon this 16a' day of April, 2014, by the following vote: AYES: COUNCILMEMBERS: Tiburon Town Council Resolution No. - -2014 NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Tiburon Town Council Resolution No. - -2014