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TC Agd Pkt 2014-04-16 (3)
To: From: Subject: Reviewed By: BACKGROUND TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Office of the Town Clerk Continued: Landmarks Society Permit Application AM AW Town Council Meeting April l6, 2014 Agenda Item: o/ At the request of the applicant, this item was continued without hearing from the April 2, 2014 Council meeting. Exhibit: Staff report and Late Mail Prepared By: Diane Crane Iacopi, Town Clerk TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Office of the Town Manager Town Council Meeting April 2, 2014 Agenda Item: TT 7�L'2 .14 AXW- Special Event Permit for Landmarks Society Fundraiser — "Tycoon" ITZ The Belvedere- Tiburon Landmarks Society has submitted a special event permit application for its annual fundraiser to be held this year on Saturday, October 11, 2014. The event is entitled "Tycoon". The proposed location is the Railroad Museum (Donahue Building) and surrounding parking lots, as well as some of Shoreline Park. The Landmarks Society has a long -terns lease for the historic Donahue Building and manages it as a museum. The Landmarks Society posits this will be a one -time event only, it is not seeking approval for a new annual event. The analysis that follows is based on the premise of a one -time only event. According to the permit application, this is an evening event that includes dinner and dancing with amplified music. The applicants propose the temporary installation of a large tent, chairs, porta - potties, and a dumpster. The event would start at 6 pm. and end at 11 p.m. Closure of the surrounding areas would begin earlier in the day, around 8 a.m., for deliveries and the like. The Town Council adopted a Shoreline Park Policy in 2004 that allows a maximum of four events per year in that area. The policy also limits events to daytime hours. Because this is a new event in the downtown area, and because the hours of operation are not in compliance with the Shoreline Park Policy, the Town Manager has referred the permit to the Council for its consideration. Since adoption of the Shoreline Park policy in 2004, the Town has not received applications from, or granted permission to, any organization (other than the Town itself) to stage an evening event in this area. The Landmarks Society is a local organization, based in Belvedere and Tiburon, and is seeking an exception to the policy for a one -time event. Special events in Tiburon are also governed by the Town's Special Event Permit Policy which states that ... "events to be held on public property shall be limited in scope to activities which do not detrimentally impact the community. The Town Manager will evaluate the potential impacts of a proposed event. Factors shall include, without limitation, the following: 1. Impacts on Noise 2. Impacts on Traffic 3. Impacts on Parking 4. Impacts on the General Environment" TOWN OF TIBURON PAGE 1 OF 3 Taws Council Aiect-ing. April ? 2014 ANALYSIS Noise As noted above, the "Tycoon" event will be a dinner dance. The applicants have stated that the amplified music will not be "too loud" and will end by 10:30 p.m., although some noise would continue as attendees exit into the outdoors and organizers close up for the night. They are aware of past concerns brought forth by surrounding neighbors concerning noise in Shoreline Park. Some residents may be present at the meeting tonight to address this issue. Noise impacts on neighbors should be understood as an unavoidable consequence of the event. Traffic The organizers have not requested street closure. They are requesting closure of the two public parking lots surrounding the Donahue Building at 8 a.m. on the day of the event to permit tents to be placed there. Management staff of the Police Department has reviewed the permit application and believes there will be little impact to vehicular or pedestrian traffic given the time of day and year of this event. Parking Attendees would be required to find their own parking downtown, possibly using the nearby Point Tiburon parking lot, with handicap drop -off at the Donahue Building, or the Town parking lot near Elephant Rock. Many attendees will be residents of Tiburon or Belvedere, some of whom may be able to walk to the event. Hours of Operation The proposed hours of operation are inconsistent with the Town's Shoreline Park policy, which limits events to between 8:00 a.m. and dusk. This event would end at 10:30 p.m., after which attendees would exit and make their ways to their vehicles or walk home. Open to the Public The Town does not allow use of public spaces, including Shoreline Park, for private groups or organizations wishing to stage events that are not open to the public. Birthday parties, weddings, company picnics, and the like are all uses that the Town staff regularly denies. According to its application, the Landmarks Society event will be open to non- members, but a $125 ticket must be purchased for admittance. Because of this, staff believes the event should be considered a private fundraiser for the benefit of a local non -profit rather than a public event; it is not expected to have a beneficial (or detrimental) impact on the downtown. Financial Impact In its application, Landmarks has requested assistance from the Town's Public Works Department that will include dropping off barricades and signs on the Friday afternoon before the event. A cost recovery agreement is not yet in place, but one is recommended should Council wish to authorize the event. Assistance has also been requested of the Tiburon Police Department to "keep an eye on" the tent structure the evening before the event. Again, no specific cost 71 ON Page 2 of Town Couneil electing .April 2, 2014 recovery agreement is yet in place for these services. Staff recommends the Town expressly not take responsibility for the security of any tent structure or its contents; that would be the concern of the event organizers. If the Council approves the permit, staff suggests that the organizers be required to provide a deposit for anticipated staff costs prior to the event. After the event, a reconciliation of actual hours worked will be provided to Landmarks, along with a request for payment of additional funds due, or a refund, if either are appropriate. General Environment Staff does not anticipate any other environmental impacts from the event and the organizers have addressed garbage, restroom and clean-up issues. Conclusion Staff would recommend against approval of a permit if it had reason to believe this would be a recurring event. Shoreline Park is a sensitive location where only a limited number of events can be tolerated. Staff believes any recurring events should be limited to those of broad public benefit that draw people downtown and provide economic benefit for the downtown rather than private fundraisers regardless of the merits of the organization. In this instance, the Landmarks Society assures the Town that this will not be an annual request for a permit and is a one -time only proposal. Should the Council wish to proceed with a permit, staff urges clarity that permission is granted in reliance upon that assurance. Landmarks Society Executive Directors Leslie Doyle and Alan Brune will make a presentation to the Council and answer any questions. RECOMMENDATION Staff recommends that the Town Council: 1. Hear the presentation, and 2. Direct staff to either: a. process the permit and grant an exception to the Shoreline Park Policy for this on the basis that it is a one -time event only and because Landmarks Society has a unique role in managing the Donahue Building, or b. deny the application on the basis that it is inconsistent with the Town's established policy for Shoreline Park. Exhibits: A. "Tycoon" Special Event Permit Application B Shoreline Park Policy Prepared By: Diane Crane Iacopi, Tiburon Town Clerk Name of Even Date of Event: Town of Tiburon 1505 Tiburon Boulevard • Tiburon CA 94920 415- 435 -7373 SPECIAL EVENTfPERMIT APPLICATION FOR USE OF PUBLIC PROPERTY Name of Organization: Belved°w -i, apy-yi LA'40nghk,S RM TOM, C -FRK TOWN OF TIBURON Type of Organization (IRS 501(C) or for profit): 501 C) 3 h oh —I?VZk')3 h I ZGi -1011 Mailing Address 15SOTIbw-Oh 131114 Scu-'e M City °i ibid kVil 64 Zip !�t--026 Business Phone Number: (,}-[5) +35-- 1253 Evening Phone Number: IS ) '84-7-420 Lep)ie s Cellular Phone Number: (415) S41 _ 42Dq FAX Number: C j 5) 435 — a 26 IO Contact Person "ON SITE" day of event: L � 1e P4aN (Note: This person must be in attendance for the duration of the event and immediately available to Town Officials.) Cellular Phone Number: (+6 ) 8+-7-4-20q Alternate Contact Person "ON SITE" day of event: r r 1 ah 90AI'l'e Cellular Phone Number: (4 f 5) g k -0-0000 TYPE OF EVENT: EVENT ACTIVITIES: ❑ B1ockParty ❑ Parade B/FoodService ❑ Live Animals ❑ Carnival ❑ Race/Walk/Run ❑ Fireworks ❑ Drawing/Raffle • Street Festival VFundraising Event ❑ Lights/Laser U/Amplified Music -too Load • Wedding ❑ ❑ Motion Picture ❑ v Location of Event: lo12o ParAdis e Q r l vee ?I b t-cira n (Attach Map to illustrate area) Date and hours of operation: (Indicate actual set -up and close down dates) Date: i0 1 Start time: 9&0 0 AM M — Finish tune: Alv"M 7- -e f-, Chalks ze dh619l1,9fidii 9 Actual "open to the public" or "advertised" event hours: POrt -A -Pd� �'� �� d- e�lveiq Date: 10.10 I Start time: �i ;LYE AMIPM � Finish time: 1 I : OO AM( / DI,m pskr- l� �/ de( Iv,el Town of Tiburon 1505 Tiburon Boulevard • Tiburon CA 94920 415 -435 -7373 Estimated attendance: 906 Admission fee (If applicable): Will items or services be sold at the event? ❑ Yes N / No If yes, please describe: �i25,On ENTERTAINMENT: Yes No V ❑ Are there any musical entertainment features related to your event? [g/ ❑ Will sound amplification b ? Start time: fo o© ANT - Finish time: 10; 30 AM(PM ❑p J ❑ / Will sound checks be conducted prior to the event? v Start time: AM/PM — Finish time: AM /PM Amplification is subject to approval by the Town Manager pursuant to Chapter 25 -1 of the Town Code. ALCOHOL: n Yes No E3, ❑ Does the event involve the sale 6se f alcoholic beverages? Li ❑ Does the event require an ABC permit? ❑ ❑ If yes, the Town must have a copy of the permit prior to approv STREET OR SIDEWALK CLOSURE: Yes No p� ❑ Does this event involve a moving route of any kind along streets, sidewalks or highways? If yes, attacli a detailed map of your proposed route, indicate the direction of travel, and provide a written narrative to explain your route and its impact. ❑ l� Is street closure sought? If yes, who will place and pick up the barricades? `i- to CIDSe ©ub lr C t),k i, lots DYI "a 51de W :1 ` lu I2 k m btS2Gf,ft . 2 Town of Tiburon 1505 Tiburon Boulevard • Tiburon CA 94920 415- 435 -7373 PUBLIC WORKS DEPARTMENT: Describe request for Public Works Department assistance, if any: Public Works Department assistance will be provided based upon availability of staff time and materials. Applicant will be billed for staff time at rates established by the Town. Do you have a cost recovery agreement on file? ❑ Yes 12/No ACCESSIBILITY, SANITATION, RECYLING: The event sponsors shall maintain safe and accessible paths of travel in the public right of way, as required by the Americans with Disabilities Act and state law. Accessible paths of travel must be at least four feet wide and free from debris and other obstructions. For further details, please contact the Town's ADA Coordinator, Fred Lustenburger, at 435 -7371. Portable and/or Permanent Toilet Facilities: Number of portable toilets: REQUIRED -3 One for every 250 people Number of ADA Accessible toilets: a`l REQUIRED -+ 10% of total portable toilets. • Note: Unless the applicant can substantiate the availability of adequate accessible and non- accessible toilet facilities in the immediate area of the event site, the above is required. R( Trash Containers and Dumpsters • Number of Trash Cans: Number of Dumpsters w/lids: I • Recycling Containers: REQUIRED ---> One for every 400 people Describe the plan for clean-up and removal of waste and garbage during and after the event: Note: EVIMEDL4,TELY UPON CONCLUSION OF THE EVENT, THE VENUE MUST BE RETURNED TO A CLEAN CONDITION. Town of Tiburon 1505 Tiburon Boulevard • Tiburon CA 94920 4151435 -7373 It is the Event Organizers' responsibility to dispose of waste and garbage throughout the event. The Town does not provide clean up services for special events. If clean-up during or after the event is required, the Tiburon Department of Public Works will bill the applicant for staff time and overtime at rates established by the Town. SECURITY Tib u rv-1 Po lice DeP 1L• * Keep ah ecj,e out .1 Yes N' oo ❑ C� Is there a Professional Security organization hired to handle security arrangements for this event? If yes, please list: Security Company: Security Organization Address: Security Director (Name): Phone: POLICE ON SCENE: Number of uniformed officers requested: Does this event have a cost recovery agreement on file? ❑ Yes Police primary duties /responsibilities: Parking lot patrol: ❑ Yes ❑ No Interior venue patrol: ❑ Yes ❑ No Stationary entrance security: ❑ Yes ❑ No Exterior: Q No Other: keep ah e 2 nA `fehf b y Af- ,bey0+2 P[/��ythG�n�S�BUevtf• Dates & Hours: 10 /cl /1-3 PARKING PLAN • SHUTTLE PLAN • MITIGATION OF IMPACT Note: Parking, traffic congestion, and environment pollution are all factors for concern with events. Consider and encourage the use of car pools, public transportation, and alternate modes of non - polluting transportation when in the planning stage of the event. If the ratio of total .attendance to available parking spaces exceeds three!(3) people per parking space, off - site parking and shuttle service shall be provided to avoid illegal.parking and to ensure emergency access for emergency vehicles is available at all :times. Town of Tiburon 1505 Tiburon Boulevard • Tiburon CA 94920 415- 435 -7373 va,-t -;na mlid Chuttle mans (nrovide a detailed description of locations and parking, lots to be used): Impact to surrounding areas -- residents, businesses, etc. (Describe impact and plan to notify those impacted): mmi m of INSURANCE REQUIREMENTS: Insurance information must accompany the application materials. Liability insurance can be purchased through the Recreation Department, at 435 -4355, or your own carrier. The Town of Tiburon must be named as an additional insured. The insurance information should include an endorsement providing the Town, its agents, officials and employees, primary and non - contributory coverage* for claims, losses, etc. arising from the exercise of the permit. Is the insurance endorsement attached? ❑ Yes ❑ No eveh To be completed by Applicant: 1 A py-yj re S5 I have read and understand the following: The Town reserves the right to deny an impose any conditions it deems appropriate, and require payment for costs associE as police and public works services. (Gatherings for the purpose of espousing views jst Amendment do not require a permit.) Permission for an event in one year does no future years. *Applicant agrees to provide primary and non - contributory insurance coverage in consideration for the use of Town property for this event. Signature of Applicant kes k.�P_ Doyle, Printed Name of Applicant Oil) Date of Application Town of Tiburon 1505 Tiburon Boulevard• Tiburon CA 94920 415435 -7373 To be completed by Town: Approved by: Date: Chief of Police Date: Director of Public Works Date: Director of Community Development Date: Town Manager Additional conditions or requirements: "After Action Reports" will be prepared by Town staff and filed with Town Manager and Chief of Police. TOWN1y OF T1B V RO www.ci.tiburon.ca.us 1505 Tiburon Boulevard Tiburon, CA 94920 (415) 435 -7373 Phone (415) 435 -2438 FAX Accessible Public Event - Information & Checklist This checklist has been developed in order to assist private parties applying for a Special Event Permit for an event open to the public that will be held on Town property or right -of -way to comply with Federal and State laws regarding accessibility of the event to persons with disabilities. These laws are found in Title 24 of the California Building Code and in the federal Americans with Disabilities Act (ADA). Event organizers working on events that will require extensive accessibility accommodations are advised to retain professional accessibility consulting services to assist with design of an accessibility plan and the proper implementation of it. Public Event Name /Description: Event Location /Address: 1 qw Pkt- di, Ce Dr* 11 6 Public Event Application Contact Person: i-e6be Doyle phone: 4159+1 — 4-ZOe-mail: I eSlI�C�Ot%I��C S�C��d�Gi� %1 et Date & Time of Event: D c1M loe,l- 11), Y—'' Public Event On -Site Contact Person (if known at this time): c phone: e -mail: ba,lth ,e-f This checklist is designed to assess compliance with "programmatic" accessibility standards, to ensure that events will be accessible not only to persons with physical disabilities, but to people with sensory, cognitive, and other disabilities, as well. It is also intended to ensure that potential event locations and facilities comply with "physical' accessibility standards. Words or phrases that are underlined are technical terms defined in the Accessible Public Event Definitions section of this document. Town of Tiburon Accessible Public Event lnfonnation and Compliance Checklist Form Revised 5/152012 Page 1 of 5 TOWN1'V N OF L 1B lJ RO www.ci.tiburon.ca.us 1505 Tiburon Boulevard Tiburon, CA 94920 (415) 435 -7373 Phone (415) 435 -2438 FAX A. Notice: YES NO N/A 1. All notices and announcements for the event, if open to the general public, shall include accessibility information, including but not limited to �/ ❑ how to ensure availability of assistive listening devices (ALD's). L( ❑ 2. All notices and announcements for the event or meeting provide a name and phone number of the person to contact to request disability - related accommodations. V ❑ ❑ B. Communication Access: YES NO N/A 1. If a microphone is provided for public participation, the microphone cable is long enough to serve accessible seating areas or a wireless microphone unit is provided. ❑ ❑ 19/ 2. Film or video materials presented at the event are captioned. ❑ ❑ M-11 3. Event -wide printed materials (e.g. programs, site maps) in alternative formats are available upon request. This generally requires an electronic version of any materials on the sponsor's website. Large print paper copies (18 point) are recommended for availability upon request at the event entrance. ❑ ❑ C. Getting to the Event: YES NO N/A 1. At least one accessible parking space is provided for every 25 spaces of parking for the vent up to 100 spaces. For parking areas or lots with more than 100 spaces, consult with the Building Official for the correct number of required accessible parking spaces to provide. Ensure that the first space provided is a van - accessible space. b" p a PF & /`I -YY) "Jeturl ./ l� ❑ ❑ pa t-9 at &Iephai, t2ock 2. An accessible route on an accessible surface exists from the accessible parking and/or the street to the event and all event activities. ❑ ❑ 3. All public events should have directional signage identifying accessible routes of travel throughout the event that directs the public to the accessible entrances accessible restrooms, accessible parking, and participation areas. LK ❑ ❑ D. Transportation: YES NO NIA If the event sponsor provides transportation, wheelchair - accessible vehicles must also be available and advertised as available to the public. ❑ ❑ Lei E. Amenities: YES NO N/A 1. Accessible restrooms are available within 200 feet of the event location. If permanent accessible restrooms are not available within this distance, then accessible portable toilets and sinks shall be provided at the event. �/ Iz ❑ 11 2. Accessible drinking fountains are available (if drinking fountains provided). / ❑ ❑ C� 3. Accessible telephones are available (if telephones are provided). ❑ ❑ L�1 Town of Tiburon Accessible Public Event Information and Compliance Checklist Fonn Revised 5/152012 Page 2 of 5 TOWNj V OF j. 1B lJ RO www.ci.tiburon.ca.us 1505 Tiburon Boulevard Tiburon, CA 94920 (415) 435 -7373 Phone (415) 435 -2438 FAX 4. Accessible exhibit materials, such as art displays or other exhibits, are positioned to provide an accessible route and to not be a hazard to people ❑ ❑ who are blind or have visual disabilities. 5. If food or beverages are provided, the service is located on an accessible route. Self- service items are reachable from a seated position with / accessible operating mechanisms. Qi ❑ ❑ F. Seating: YES NO N/A 1. If seating is provided, wheelchair and companion seating is provided in the required seating location and at the required seating ratio. ❑ ❑ 2. If tables are to be used as part of the participatory process at the event, / ❑ ❑ accessible tables are required to accommodate the required seating ratio. 3. Seating is available for deaf and hard of hearing people near the front of — / ❑ the space so that attendees may see an interpreter /captioner or lip read. E ❑ G. Event Set -up: YES NO N/A 1. If a stage or raised dais is provided for use by other than paid entertainers, ❑ it is accessible by means of a ramp, wheelchair lift, or portable wheelchair lift. Eg// ❑ 2. If a dais is provided for the public, an accessible dais is also provided. ❑ ❑ 3. Fencing or other crowd control barriers are placed so as to provide an ❑ accessible route. i/ ❑ 4. Events held on grass- covered surfaces or other non - hardscaped surfaces must have accessible matting or other suitable materials along all accessible ❑ routes of travel. IZcHCi +CU{J Scafin� # dOthctvrl avatlttHz ❑ yr SjYpef 5uV"�G�9, NOTES: Town of Tiburon Accessible Public Event Information and Compliance Checklist Form Revised 5/1520t2 Page 3 of 5 TOWN N OF T 1BURO1V www.ciJiburon.ca.us 1505 Tiburon Boulevard Tiburon, CA 94920 (415) 435 -7373 Phone (415) 435 -2438 FAX Accessible Public Event Definitions (in alphabetical order) Accessibility information — Meeting or Event Notice shall include information on how to request accommodations, including alternative formats or auxiliary aids and services, notice of wheelchair accessibility, and contact information to make accommodation requests. Accessible dais — A fixed or mobile public speaking location that includes a table or podium that is no higher than 34" on which a microphone can be placed. Accessible drinking fountains — Drinking fountain with the bubbler no higher than 36" with knee clearance underneath that is 27" high x 18" minimum deep. Accessible exhibit materials — Alternatives that provide equivalent exhibit information for people with sensory disabilities in a manner appropriate to the program material. Examples include but are not limited to: 1. Titles of work and narrative using large 14 point san serif fonts on a high- contrast background 2. Taped audio descriptions of photographslartwork 3. Tactile replicas of art objects 4. Captioning of video or film presentations 5. Trained staff available to provide descriptions or tours Accessible parking — parking which is set aside for exclusive use by people with disabilities, located near the accessible entrance to the facility. Note: temporary accessible spaces can be created using temporary signs and cones, provided that dimensional requirements are met. Accessible portable toilets and sinks — Toilets and sinks that meet state and federal requirements for accessibility. If only one unit is to be provided, it must be accessible. When multiple units are provided, a minimum of one -unit with 10% of the total units provided shall be accessible. Accessible toilets and sinks shall be disbursed among the various locations and located on a level area, along an accessible route with an accessible surface. At each location there should be at least one accessible toilet and sink available. Please note: this information is provided for situations in which the general public will be using portable toilets. A portable, accessible toilet is NEVER equivalent access if the general public is using indoor toilets. Accessible restrooms — Restrooms that are located on an accessible route and contain accessible features including grab bars in bathroom stalls, wide bathroom stalls, etc. Accessible route — A continuous unobstructed path connecting all accessible elements and spaces of a building or facility. Interior accessible routes may include corridors, Floors, ramps, elevators, lifts, and clear floor space at fixtures. Exterior accessible routes may include parking access aisles, curb ramps, crosswalks at vehicular ways, walks, ramps, and lifts. Accessible surface — Firm, stable and slip resistant surfaces, such as concrete, asphalt, wood, carpet, etc. Grass, wood chips and sand are not accessible surfaces. Accessible tables — A table providing knee space that is a minimum of 27" high, 30" wide and 19" deep knee space with the tabletop no higher than 34 ". Town of Tiburon Accessible Public Event Information and Compliance Checklist Form Revised 5/15/2012 Page 4 of 5 TOWNOF TIBURO vvww.ci.tiburon.ca.us 1505 Tiburon Boulevard Tiburon, CA 94920 (415) 435 -7373 Phone (415) 435 -2438 FAX Accessible Telephones— Telephones that are located on an accessible route, mounted at 48" from the floor to the coin slot and have volume controls. Assistive Listening Device — A device that takes a signal from a microphone or public address system and sends it to a personal amplification system. Assistive Listening Devices (ALD's) can be procured through companies who provide public address systems. Directional Signage — Include the International Symbol of Accessibility (ISA) with the directional signage. Hazards to blind or visually impaired participants — Pedestrian and participant areas shall be clear of objects (including plant branches and public art) which overhang less than 80" from the floor surface, or wall, and post mounted or freestanding objects that protrude 4" or more between 27" and 80" above the floor or ground. Participation Areas — Those areas of a building, facility, or event where people participate in activities, such as individual and team sporting events, swimming, carnival games, hiking, bird watching, and other similar activities. Portable wheelchair lift— A lift that is not built into the structure but can be available for a specific event. Seating location - Accessible seating must be situated so those individuals who cannot stand can view the meeting or event over seated or standing participants. Seating for persons who are deaf must be provided in a location near the stage /presentation area with direct view to the stage /presentation location of sign language interpreters. Seating ratio — The number of accessible seats in relation to the number of seats provided as follows: 1 to 25 =1 seat 26 to 50 =2 seats 51 to 300 =4 seats 301 to 500 =6 seats over 500 =6 plus one additional space for each increase of 100 seats Van - accessible Space — A parking space Wheelchair - accessible vehicle — A private- or public -use passenger vehicle that has been modified to accommodate one or more wheelchair users. Wheelchair and companion seating — Seating for wheelchair users and adjacent seating for individuals accompanying wheelchair users. S:IBuildinglForms & TemplateslAccessible Public Event checklist 7- 16- 2012.doc Town of Tiburon Accessible Public Event Information and Compliance Checklist Form Revised 5/152012 Page 5 of 5 TOWN OF TIBURON Town Council Policy & Procedure Number: Effective: March 17, 2004 Authority: Town Council / Town Manager USE OF SHORELINE PARK - SPECIAL EVENTS PURPOSE AND INTENT The Town Council establishes this "Use of Shoreline Park — Special Events" policy for the Town of Tiburon in accordance with the provisions of the Tiburon Municipal Code and State Law. This policy defines special events and specifies requirements and procedures for their approval in Shoreline Park. Shoreline Park was dedicated to the Town for "public, scenic, open space and public access" purposes and is customarily used as a visual and primarily passive recreational amenity for Town residents and visitors. The Park lies directly in the San Francisco Bay view corridor of nearby residences and adjoining Paradise Drive, and is therefore highly sensitive from a visual and view blockage standpoint. The Park is extremely popular with both residents and visitors for walking, viewing, picnicking, jogging, and bicycling. The Ferry Plaza portion of the Park also provides important public access to the Main Street waterfront and its ferry services. The Town Council establishes these requirements and procedures for occasional special events at Shoreline Park to protect the visual and recreational qualities of the park and to preserve it for its intended use. This policy is intended to ensure that the temporary operation of each special event at Shoreline Park is compatible with the adjacent neighborhood, downtown business district, residents, and visitors. POLICY The Town receives numerous requests to allow events, activities, and occasionally structures, on a short term basis within Shoreline Park. The Town has an interest in occasionally allowing certain types of conditionally allowable events or activities in the Park on a short term basis. Some of these events or activities may allow private individuals, businesses, or not -for profit organizations to hold special functions that may temporarily deviate from the customary use of the Park. However, the frequency and nature of these events must be limited to protect the primary purposes, appearance and on -going popular use of the Park. I APPLICABILITY Before being issued a special event permit for activities within Shoreline Park, all applicants must comply with this Policy and the requirements set forth in Town Council Policy and Procedure #7, also known as the Special Events Permit Policy. The Town Council or the Town Manger may allow some latitude with respect to provisions of the Special Events Permit Policy in order to facilitate activities such as set up, the staging of equipment, and the hours of operation. SHORELINE PARK Shoreline Park is defined as the area beginning at the Ferry Plaza and adjacent strip of grass and paved walkway along the Tiburon shoreline between the comer of Tiburon Boulevard and Paradise Drive to the corner of Paradise Drive and Mar West Street. This is a public park where barbecues and unleashed dogs are prohibited. SPECIAL EVENTS AT SHORELINE PARK For the purpose of this policy, "special event" means a short-term activity or other use of the Park other than its customary use. Proposed special events or activities shall be compatible with the surrounding area. It is the Town's policy to regulate use of Shoreline Park for special events by limiting the number, frequency, duration and hours of operation of events that might disrupt the customary use of the park as follows: 1. No more than four (4) special events are allowed per calendar year. No more than one special event shall be held in any consecutive 30 -day period. 2. Special events are limited to Saturdays, Sundays and legal Town Holidays. Legal Town Holidays are New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. 3. The activities of the special event are restricted to the hours of 8:00 am to dusk. PORTABLE STRUCTURES / FERRY PLAZA RESTRICTIONS All temporary structures such as booths and tents will be limited to the paving stone -lined Ferry Plaza area and must be removed at the conclusion of the event. No temporary structures will be permitted on the lawn or on the concrete sidewalk areas of Shoreline Park without prior approval from the Town Engineer/Director of Public Works or the Town Manager. No automobiles or trucks will be allowed to park on Ferry Plaza, other than for the purposes of loading or unloading items pertaining to the event and subject to the approval of the Deputy Director of Public Works, Director of Public Works, or Town Manager. MUSIC AND VOICE AMPLIFICATION Chapter 25 -1 of the Municipal Code requires that any amplified music and/or voice amplification in a non - residential zone be approved in writing by the Town Manager. Any voice or music amplification in Shoreline Park should be limited to the Ferry Plaza area and should be kept to a reasonable volume. LIGHTING No additional lighting equipment is permitted. ROADWAY CLOSURE No roadway closures will be permitted in this area without prior approval from the Chief of Police or the Town Manager. Roadway closures are strongly discouraged and should be avoided whenever possible. SANITATION The event coordinator will be required to provide adequate sanitation facilities for the special event. Those requirements will include portable bathroom facilities and garbage collection. The event coordinator will be responsible for all clean up at the conclusion of the event. The event coordinator will ensure that the Town owned garbage facilities are not affected by the event and Town staff may require additional cleaning such as pressure washing the paving stones of Ferry Plaza upon conclusion of the event. Diane Crane lacopi From: Hank McWhinney [hmcwhinney @live.com] Sent: Monday, March 31, 2014 12:15 PM To: Diane Crane lacopi Cc: Peggy Curran; Diane Kay Subject: RE: Landmark's event on Shoreline Park Ms. Diane lacopi Tiburon Town Clerk Diane, LATE M& Page 1 of t Thank you for allowing Pt. Tiburon Bayside to comment on the proposed dinner dance event on Shoreline Park. We have informed our residents and some may choose to attend the Council meeting on Wednesday to convey their individual feelings. In addition, Our Association Board has reviewed the proposal and wishes to offer this Bayside community viewpoint to the Council. As you know, we generally strive to be cooperative with the Town regarding Shoreline events. These include the annual Antique Auto Show and Tiburon Mile Swim as well as special events like the Bridge 75th, Art By The Bay, and the upcoming Tiburon 50th. However, regarding the Landmarks dinner dance we agree with the observations of the Staff and request that the Town does not issue the requested permit. We request denial primarily because this event is inconsistent with the established Town Council Policy on the use of Shoreline Park for special events. This policy has served the Town and Pt. Tiburon residents well for the past 10 years, keeping a neighborly balance between the many requests for special public uses of the Park and the residential interests of Pt. Tiburon residents, those most affected by the additional traffic, noise and other impacts of the events. We hope that the Special Events Policy will not be compromised by the approval of events that do not comply. In particular, we feel the event does not comply with Town Policy with respect to the "8a.m. to dusk" provision, the amplified music "limited to the Ferry Plaza" provision, the "reasonable volume" provision (how to contain dance - volume music inside a tent?), the "no additional lighting" provision, and the "compatible with the adjacent neighborhood" provision. Like the Town Staff, we are concerned about the unavailability of parking. We also note their statement that the "Town does not allow use of public spaces, including Shoreline Park, for private groups or organizations wishing to stage events that are not open to the public." Clearly, the dinner dance event is at odds with Town policies on numerous levels. We certainly don't believe that being a one - time -only occurrence should relieve this event of the responsibility to comply. Some of our members also note that the dance is scheduled for the same weekend as Fleet Week. The closing of the parking lots, tent construction and delivery activities would be in conflict with the high public demand for this popular viewing spot. In conclusion, while we are accustomed to working with the Town on events which are in keeping with Shoreline Park Policy and provide enjoyments accessible to the community at large, we believe 3/31/2014 Page 2 of 2 this event does not fall within these parameters. Sincerely, Board of Directors Pt. Tiburon Bayside Homeowners Association 3/31/2014 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Police Department Town Council Meeting April 16, 2014 Agenda Item:r Resolution of support for parcel tax increase for MERA radio system IY0' The Town of Tiburon is a member of the Marin Emergency Radio Authority (MERA), a joint exercise of powers authority organized under California Government Code Sections 6500, et seq., for the purpose of constructing and operating a countywide public safety and emergency radio system in the County of Marin. MERA is governed by a board of directors. The Town's representative to the Board is Chief Cronin, and the first alternate is Councilmember Tollini. ANALYSIS MERA has determined the need to replace the existing countywide public safety and emergency radio system. The system is approaching obsolescence as a result of new Federal Communi- cations Commission standards that will take effect in 2017 and will require MERA to suurender the radio frequencies it currently uses by 2021. MERA was designed to support 2500 users; at present there are close to 2900 and that number is expected to continue growing. During periods of very high use, as in a disaster or countywide emergency, the availability of an open frequency is significantly degraded hampering effective communication and placing public safety personnel at risk. Because of the topography of the Tiburon peninsula, both the the Tiburon Police Department and the Tiburon Fire Protection District experience communication "holes" where the radios do not work. MERA plans to have a new system operational in 2018 to address all these issues. FINANCIAL IMPACT On December 11, 2013, the Governing Board of the Marin Emergency Radio Authority approved a project financing plan that includes the levy of a parcel tax (the "Parcel Tax ") to finance the capital costs of the new system. Operating costs would continue to be paid from the general fund based on a formula contained in the joint powers agreement. The proposed Parcel Tax is $29.00 annually per parcel for a single family residence, and varies based on land use and includes an exemption for income- qualified senior homeowners. The Parcel Tax is scheduled to be on the November 4, 2014 ballot. Use of funds collected under this measure will be subject to the review of an Independent Citizen Oversight Committee of at least five Marin County residents. Town Council Meerin April 16, 2014 RECOMMENDATION: Staff recommends that the Town Council: 1. Hear the presentation, ask any questions and take public comment; 2. Consider adoption of the resolution. Exhibits: Draft Town Council Resolution 2. Frequently Asked Questions about MERA 3. Important Facts about MERA Services 4. MERA Staff Report Prepared By: Michael Cronin, Chief of Police P akf RESOLUTION NO. XX -2014 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON SUPPORTING AND ENDORSING THE LEVY OF A PARCEL TAX TO FINANCE A NEW COUNTYWIDE PUBLIC SAFETY COMMUNICATIONS SYSTEM WHEREAS, Public safety and emergency radio communications are vital to our first responders and the communities they serve. Public safety and emergency radio communications in our jurisdiction are currently provided by our membership in the Marin Emergency Radio Authority. WHEREAS, The Marin Emergency Radio Authority is a joint exercise of powers agency comprised of the City of Belvedere, Bolinas Fire Protection District, Town of Corte Madera, Town of Fairfax, Inverness Public Utility District, Kentfield Fire Protection District, City of Larkspur, County of Mann, Marin Community College District, Marinwood Community Services District, City of Mill Valley, Novato Fire Protection District, City of Novato, Town of Ross, Ross Valley Fire Department, Town of San Anselmo, City of San Rafael, City of Sausalito, Southern Marin Fire District, Town of Tiburon, Tiburon Fire Protection district, Central Marin Police Authority, Marin County Transit District, Marin Municipal Water District, and Stinson Beach Fire District, existing as an entity separate from its member agencies and organized under California Government Code Sections 6500, et seq., for the purpose of constructing and operating a countywide public safety and emergency radio system in the County of Marin. WHEREAS, The Marin Emergency Radio Authority has determined the need to replace the existing countywide public safety and emergency radio system as a result of several factors that include the age and obsolescence of the current system, user demand exceeds the current system's capacity, the current system cannot meet new FCC standards that are effective in 2017, and federal law that requires that the current public safety and emergency radio frequencies be turned back to the federal government in 2021. The Marin Emergency Radio Authority plans to have a new replacement system operational in 2018 to ensure reliable public safety and emergency radio communications. WHEREAS, On December 11, 2013, the Governing Board of the Marin Emergency Radio Authority approved a project financing plan that includes the levy of a parcel tax (the "Parcel Tax ") to finance the capital costs of the new system to offset such costs to its member agencies. The proposed Parcel Tax is $29.00 annually per parcel for a single family residence, and vanes based on land use, such as multi- family housing, commercial, industrial and agricultural uses, and includes an exemption for income- qualified senior homeowners. The Parcel Tax is scheduled to be submitted to Marin County voters at the November 4, 2014 election. Resolution of support for MERA parcel tax. Adopted /_/14 Page 1 of 2 WHEREAS, on December 11, 2013, the Governing Board of the Marin Emergency Radio Authority further approved the establishment of an Independent Citizen Oversight Committee to review the collection and expenditure of the Parcel Tax revenues. The Committee would consist of at least five members, who would be residents of Marin County. NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Tiburon hereby supports and endorses the parcel tax as approved by the Governing Board of the Marin Emergency Radio Authority Governing Board. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on , by the following vote: AYES: COUNCILMEM13ERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Resolution of support for MERA parcel tax. Adopted —/—/14 Page 2 of 2 FREQUENTLY ASKED QUESTIONS ABOUT MERA 1. What is MERA? The Marin Emergency Radio Authority (MERA) is a joint Powers Authority in Marin County formed in 1998 to plan, implement and manage a countywide public safety and emergency radio system for the use of all member agencies. Twenty-five member agencies use MERA routinely, encompassing every agency dealing with public safety in Marin County. Several other public safety partners also have access to the MERA communication system, including California Highway Patrol, Golden Gate Bridge District, Marin Humane Society, Golden Gate National Recreation Area and the Coast Guard. 2. Can I use it in an emergency? Yes, you use it every time you call 911. MERA radio communications is the backbone of the 911 emergency response system. However, it is strictly for use by authorized public safety agencies and providers and cannot be used by private citizens. This is meant to ensure enough bandwidth is available during emergencies so lives can be saved in the most severe of disasters, including earthquake, flood or wildfire. MERA provides the communication link between 911 public safety dispatch centers and public safety units in the field that respond to emergencies. The MERA radio system gives the dispatch centers the ability to assign single or multiple responders (depending on the emergency) within just seconds of receiving a 911 call. 3. What challenges does MERA face? The system was designed in 1998 to accommodate 1,580 mobile and portable radios with expansion capacity to 2,500 radios. Today it serves 2,897 radios, which is significantly above the total that was originally anticipated over the 20 -year life of the system. The current system is not only used more extensively than expected, it is getting older and we must plan for a replacement system to ensure reliable emergency communications, both day -to -day and after a major emergency or natural disaster. 4. What would we gain with a Next Generation System? ✓ Sustained reliability during 911 emergencies and major disasters ✓ Better coverage due to more tower sites and other improvements ✓ New radios with updated technology for first responders ✓ Improved response times due to hardware and sorare upgrades ✓ Compliance with new regulations in force in the next few years • Ability to expand users and number of channels • Regional interoperability 5. How will the Next Gen Radio System reduce 911 Response Times? • The Next Gen system will provide upgraded radio network and dispatch console systems with the latest software, with streamlined user interfaces for maximum efficiency • The Next Gen system will reduce MERA radio user wait times, by adding more capacity and reducing busy signals during major events • The Next Gen system will reduce emergency response times for some areas of the county with poor coverage, by improving coverage and response • The Next Gen system simulcast configuration will reduce MERA radio user wait times, by adding more capacity and reducing busy signals during major events 6. Do my tax dollars pay for this service? With the current system, MERA services are paid by member agencies, which are funded by tax dollars. The funding was designed so that each agency, and by extension each taxpayer, pays their fair share for the services they receive. For the Next Generation system, we are exploring a parcel tax paid directly by taxpayers to fund capital improvements. This would reduce the immediate impacts a capital plan would have on individual agencies, but member agencies would still have to pay for operating and replacement costs. ,9V Gam; (.0 / 9 Rev. 3!5114 7. Can we use parts of the current system with the Next Generation system? Yes. We intend to re -use as much as we can, but the primary re -use will be structures and tower sites — which is a large capital investment we retain from the last generation of MERA. Much of the technological equipment, however, will be at the end of its life cycle by the time the Next Gen system is up and running. In addition, we need to maintain the current MERA system during construction of the Next Gen system and until all MERA users have completed their transition to the new system. 8. These systems seem expensive. What are the costs based on? The system is comprised of different parts that work together seamlessly to support our entire public safety communications network. This system supports not a single agenry, but 25 member agencies providing cost efficiencies that none of the 25 individual agencies would see if they developed their own systems. The costs emerge from a variety of component pieces, each of which is complex in its own right. One early portion of the project is site development and upgrades, environmental compliance, licensing and leases. The next component is the backbone of the system that includes the radio communication system, site equipment and dispatch consoles. The microwave radio system that connects all of the sites is another portion of the system. Finally, we connect an estimated 3,000 mobile and portable radios that support the police officers, fire fighters and other employees that function on the system and provide the services we can all recognize. 9. Why was this particular system chosen as the replacement system? After years of study and input from every major public safety agency in the county, the consensus was an overwhelming "Yes" to the current proposal. We also had an outside firm review a variety of options (AECOM Report, April 2010) and they identified this Next Gen plan as the best option. Their recommendations were further reviewed by MERA members. Those efforts resulted in the current proposal. 10. How much will this cost? MERA has developed a replacement project estimated at $40 million. Funding would come from a countywide parcel tax that if passed by voters would secure the necessary bond funds. 11.Am 1 already paying a tax for MERA now, and will this be a new tax? Currently, there is no special "MERA tax." The present system is funded by payments from member agencies, with different members paying different amounts according to their population and usage. MERA plans to ask voters to pay a $29 per year parcel tax to fund the bond for the Next Gen system. This will be a new tax, requiring a two- thirds vote for passage. In the current budget-tightening environment, it was not practical to ask MERA members (cities and towns) to somehow find more money they didn't have to pay for the replacement system. Members will continue to fund MERA system operations. 12. What if I'm a senior on a fixed income and I can't afford another expense? Based on our current estimates, we anticipate the cost for a single -family residence to be approximately $2.50 per month. We are also inculding a low- income exemption for seniors. 13.Will the bond be used to pay for public pension costs? No. The funds generated by this measure can only be spent for capital purposes, such as construction, communication equipment and towers. Funds cannot be spent for operating purposes such as administration, salaries and pensions. 14. Who will place the tax initiative on the ballot? How and when? We will be asking the Marin County Board of Supervisors to place this measure on the ballot for the November 2014 election. That request to the Supervisors would likely occur in July or August 2014. 15. If this is a problem for 2018, why are we talking about this in 2014? The process to develop a replacement system is a lengthy one. The current effort to create a funding source will run throughout 2014. If passed, funds from the parcel tax will begin providing revenues in 2015. Once the funding has been secured, a detailed RFP will be developed that specifies the system and capabilities we require within our available resources. After providing potential vendors time to prepare and deliver their proposals, it will take additional time to vet their proposals and select a final vendor(s) leading to contract negotiations. After that, it will take additional time to develop the new tower sites and infrastructure before the system can be used. The timeline is actually fairly quick for a project of this size and complexity. 16. How can 1 find out more about MERA? IMPORTANT FACTS ABOUT MERA SERVICES WE'RE CONNECTED FOR YOUR SAFETY: MISSION: MERA is a collection of public agencies formed in 1998 to plan, All Morin County public implement and manage a countywide public safety and emergency safety agencies can radio system for the use of all member agencies. MERA provides communicate through MERA, crucial communications to 25 member agencies, both day -to-day and including police departments, after a major emergency or natural disaster. fire departments, public works departments, animal control, ABOUT: MERA radio communications is the backbone of the 911 emergency transportation agencies and response system. MERA provides the communication link between parks departments! 911 public safe dispatch centers and public safe units in the emergencies. field that respond to The MERA radio system gives MERA MEMBERS: the dispatch centers the ability to assign single or multiple responders • County of Morin • City of Belvedere (depending on the emergency) within just seconds of receiving a • Town of Corte Madera 911 call. • Town of Fairfax • City of Larkspur BUDGET: Annual Operating Budget is $1,651,432 in FY2013/14. P g g • City of Mill Valley • City of Novato CHALLENGE: The system was designed to accommodate 1,580 mobile and portable • Town of Ross radios with expansion capacity to 2,500 radios. Today it serves 2,897 • Town of San Anselmo radios, which is significantly above the projected total originally • City of San Rafael • City of Sausalito anticipated over the 20 -year life of the system. The current system is • Town Tiburon not only more extensively used than expected, it is getting older and • Bolinas Fire Protection District s we must plan for a replacement ement s stemto ensure we can maintain our P P Y • Central Morin Police Authority reliable emergency communications. • Inverness Public Utility Dist. • Kentfield Fire Protection District SOLUTION: MERA is planning for a Next Generation communications system • Marin Community College Dist. that will: • Morin Municipal Water District • Morin Transit 6e Sustain reliability during 911 emergencies and major disasters • Marinwood Community Services ✓ Enhance coverage due to more tower sites and other District improvements • Novato Fire Protection District ✓ Provide new radios with updated technology for first • Ross Valley Fire Department responders • Southern Morin Fire Prot. Dist. • Stinson Beach Fire Prot. Dist. ✓ Improve response times due to hardware and software upgrades • Tiburon Fire Protection Dist. ✓ Comply with new regulations in force in the next few years PARTNER AGENCIES: ✓ Allow for expanded users and number of channels • CHP Dispatch Channels ✓ Offer regional interoperability in 10 Bay Area counties • Golden Gate National Recreation Area Dispatch FUTURE COST: Approximately $40 million, which would be financed with a parcel • Golden Gate Transit Dispatch • National Mutual Aid tax bond issuance, requiring a two- thirds vote for passage. Based on • Petaluma Police Dispatch our current estimates, we anticipate the cost for a single-family P g Y • Sonoma Sheriff Dispatch residence to be approximately $2.50 per month. We are also • State Emergency Management including a low- income exemption for seniors and a Citizen's • State Mutual Aid Oversight Committee. • US Coast Guard 'FY4w4;,(-3 Rev. 315114 PUT t: 1I1I MEETING DATE: April 16, 2014 TO: Tiburon Town Council FROM: David Jeffries, MERA Special Project Manager SUBJECT: MARIN EMERGENCY RADIO AUTHORITY (MERA) — NEXT GENERATION: REQUEST TO SUPPORT AND ENDORSE A PARCEL TAX TO FUND THE NEXT GENERATION PUBLIC SAFETY COMMUNICATIONS SYSTEM REOUEST: Receive a presentation on the proposed funding mechanism for the second generation Marin Emergency Radio Authority public safety communications system and approve a Resolution supporting and endorsing the proposed parcel tax as the funding mechanism for capital costs of this project. DISCUSSION: 1. Introduction: Marin Emergency Radio Authority (MERA) is a collection of public agencies formed in 1998 to plan, implement and manage a countywide public safety and emergency radio system for the use of all member agencies. All Marin County public safety agencies can communicate through MERA, including police departments, fire departments, public works departments, animal control, transportation agencies and parks departments. MERA provides crucial public safety communications to 25 member agencies, both day -to -day and during and after a major emergency or natural disaster. In addition to the Marin County agencies there are a number of partner agencies that include the California Highway Patrol dispatch, Golden Gate Transit dispatch, US Coast Guard, Petaluma Police dispatch, Sonoma County Sheriff dispatch, State Emergency Management and Mutual Aid, to name a few. MERA radio communications is the backbone of the 911 emergency response system. It provides the communications link between 911 public safety dispatch centers and the field units that respond to emergencies. MERA and local Police and Fire Chiefs provided a presentation in the fall of 2013 to all MERA member agencies describing the status of the Gen I system and plans for the Gen 11 system. ��f L% 2. Why the MERA Gen I System Must Be Ungraded: The current Gen I system will face several significant risks over the next few years. The "history" of MERA can be traced back to 1995 when the County of Marin initiated a "needs assessment" for a countywide radio system. Over the course of the next few years, outreach and feasibility studies were conducted and an Oversight Committee was created. In 1998 "MERA" was officially formed. In February 1999, the MERA Board authorized the sale of bonds in the amount of $26,940,000 to finance the first MERA radio system. The system was designed to accommodate 1,580 mobile and portable radios with expansion capacity to 2,500 radios. As we look to replace the Gen I system in 2018, the key risks are listed below: • Reliability — The current system was designed in 1998 and has been in service since 2004. By 2018, it will be 20 years past its design phase and will have been in service for 14 years. Key components are no longer being manufactured and MERA is finding it increasingly difficult to locate replacement equipment. While MERA believes we can maintain a reliable system until 2018, system reliability will continue to decrease over time. • Capacity — The Gen I system was designed to gradually increase to 2,500 users over 20 years. We are already past that mark at nearly 2,900 users with requests for additional radios on a regular basis. • Coverage — We have been aware of areas that could greatly benefit from increased coverage. Key areas of concern have been in Southern Marin and West Marin. • Out of Compliance — While the MERA Gen I system has been capable of upgrades to meet evolving FCC technical requirements, the Gen I system will not be capable of meeting new `narrow- banding' requirements that will be in place in 2017. • Frequency Give Back — Even if MERA could address all of the above risks, the FCC is now requiring that MERA give back its current UHF -T band frequencies in 2021. It is this array of risks, taken in combination, which has driven MERA's proposed Gen II system. The bottom line is that the Gen I system is approaching a time in which we will not be able to sustain the system and it needs to be replaced. To meet our "go -live" target of 2018, the replacement project needs to begin in 2015 with a solid funding source. 3. The Generation II System: To mitigate the impending risks and to allow MERA and its member agencies to maintain a reliable public safety and emergency communications system, MERA has developed a proposal for a Next Generation (Gen II) communications system with the following features: Response Times - Reduce 911 response times with an upgraded radio network, better technology and additional user capacity. This will also reduce MERA radio user wait times, by reducing busy signals during major events. Coverage - Reduce response times and improve safety in certain areas of the county through additional coverage areas. The Gen II proposal includes two additional sites in Southern Marin and two additional sites in West Marin. • Increased Reliability - Provide upgraded radios, radio network, and dispatch consoles with the latest software, with streamlined user interfaces for maximum efficiency. • Compliance - Comply with new federal regulations in force over the next few years. • Move to 700 MHz - Offering regional interoperability throughout the Bay Area with a move to a 700 MHz system and additional access to the 800 MHz frequencies. • New Radios— Up -to -date radios and technology, supported by a more modern infrastructure, such as GPS tracking of resources as a potential example, that will be provided to first responder and safety personnel. 4. Generation II Funding: The current MERA system was purchased using bonds that have obligations to the member agencies until August, 2020. Using this method of funding the Generation II system would require MERA member agencies to provide annual funding for the Generation II bonds, beginning in FY 15/16 and ending in FY 35/36. To minimize the impacts to local government budgets for the Next Generation system, several funding alternatives have been explored. As mentioned in the Round I presentation, MERA did look at different funding mechanisms, such as a sales tax or general obligation bond, but found much less community support for those options. Additional potential funding alternatives include grants and low interest loans, and a parcel tax. MERA has selected a parcel tax as the best and most viable option available to raise the necessary funds to successfully complete the project. This does not mean that the County and MERA have not been seeking grant funds. In fact, Marin County has been successful in securing over $6,000,000 in grants for the Next Generation system. Grants have supported system design studies, and the installation of backbone radio elements, dispatch consoles and microwave components. However, we do not believe that grant funding will cover all of the costs of the Next Generation system, nor do we believe it prudent to presume any particular level of grant funding into the future. We will continue to look for grant opportunities that could potentially reduce the level of parcel tax in the future as well as opportunities to minimize operating and maintenance costs. At the same time, we are very concerned about the impact of the Parcel Tax failing to pass. If that should occur, MERA and its member agencies would need to either quickly find another funding mechanism, such as the traditional or existing method of MERA member contributions described later, or having each MERA member possibly licensing and funding their own communications systems, while trying to cooperate in some means of creating interoperability across multiple systems with limited coverage. The County of Marin is the legal entity that must place the parcel tax on the ballot as MERA itself does not have the legal authority to do so. Bonds in the amount of $46 million need to be issued to provide adequate funding for the new system. 5. Generation II Budget: The proposed budget for the MERA Generation H system is $40 million, with an additional $6.3 million in additional bond costs. This assumes a reuse of building and towers were appropriate as well as a 1 for 1 replacement of field radios for MERA member agencies. Site Development and Upgrades, Environmental Compliance, Licensing & Leases $10.6M Radio Communication System, Site Equipment and Dispatch Consoles $13.9M Microwave System $S.OM Mobile and Portable Radios $10.5M SUBTOTAL CAPITAL COSTS Includes Contingency) $40.OM Bond Capitalized Interest $2.3M Bond Reserve Fund $3.6M Bond Issuance Costs $0AM TOTAL BOND ISSUANCE $46.3M (All figures are in millions) To provide an illustration of the potential impacts on MERA member agencies from the traditional vs. Parcel Tax means of funding the Gen II system, the following table and charts were developed. MERA first looked at using the same mechanism as was used for the Gen I bond funding, with costs spread equally across twenty years. This resulted in a significant impact during the first several years of Gen II funding that overlap with the final years of Gen I funding. This model was shared during the Round I presentations. Recognizing the impacts of that model, MERA has looked at an alternative for Gen II funding should the Parcel Tax fail to pass. In this model, a smoothing technique is used in which MERA members would make interest only payments from FY 15/16 thru FY 20/21, reducing the impacts of these overlapping years, with payments being caught up in the remaining thirteen years. It is this model that is illustrated below. It should be noted that MERA has adopted the Parcel Tax as its method to fund the Gen II system and that the Gen II figures below are provided as an illustration of the potential impacts should the Parcel Tax fail to pass. Annual MERA System -wide Capital Costs if Parcel Tax Fails to Pass (Gen II with smoothing): (All figures are in thousands) FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY 22/23 Gen I $2,347 $2,347 $2,347 $2,347 $2,347 $2,347 $2,347 $2,347 Gen II $2,200 $2,200 $2,200 $2,200 $2,200 $2,200 $4,400 $4,400 Total $2,347 $2,347 $4,547 $4,547 $4,547 $4,547 $4,547 $4,547 $4,400 $4,400 (All figures are in thousands) Annual MERA System -wide Capital Costs if the Parcel Tax Wins Approval: $5,000 $4,000 $3,000 $2,000 $1,000 $0 N N N N N N N N N N W W W W W W .A Ul O) V CO CO O � N W A GNTI iT V ONO � O' � N W A CWii � (All figures are in thousands) Annual MERA System -wide Capital Costs if Parcel Tax Fails to Pass with Smoothing: $5,000 $4,000 $3,000 $2,000 $1,000 $0 sGen I Capital ■Gen II Capital N N N N N N N N N N W W W W W W A CA 0) V W CO O N W .A 01 0 -4 `W 0 O W A A C71 a1 V W f0 O s N W A 0f O V aD (O O � N W A (ll (All figures are in thousands) It should be noted that MERA has not adopted a traditional or smoothed mechanism for funding of the Gen II system as we believe the Parcel Tax method best serves our member agencies, but these mechanisms are included in this report to illustrate the need to focus the efforts and energies of MERA and our member agencies on the success of the Parcel Tax proposal. 6. Operating and Maintenance Estimates: During the MERA Round I presentations, there were a number of requests for information on Operating and Maintenance costs as we move forward. Looking at our current costs and those of other similar systems, MERA staff has developed estimates through FY 2022. These costs, impacted by both inflation and the need to operate and maintain an expanded system, show an average annualized increase of 7.4 %. 5 As you review these figures, please keep two caveats in mind: first, that the future Operating and Maintenance costs are educated estimates; second, that the individual figures for local jurisdictions (later in this staff report) assume that there will be no additional MERA members or changes to the cost - sharing mechanism. Estimated MERA System -wide Operations and Maintenance Costs thru FY 22/23: FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY 22/23 $1,650 1 $1,728 $1,795 1 $1,866 1 $2,374 1 $2,580 1 $2,536 $2,624 $2,753 1 $2,870 (All figures are in thousands) Estimated MERA System -wide Operations and Maintenance Costs thru FY 22/23: $3,000 $2,000 $1,000 $0 -4 ao m o � N N N N N A Cn W v O O O � N W (All figures are in thousands) One option MERA is considering is a Service Upgrade Agreement (SUA). As an example of a SUA, MERA would receive bi- annual system and technology upgrades for the first ten years of the system's life. We currently estimate that this option could increase MERA's Operating and Maintenance costs by $450,000 per year over the first ten years of the Gen II system while putting MERA in an upgraded position as the Gen II system enters its second decade. We anticipate asking that potential vendors provide a separate description and cost description from the core project proposal to allow MERA to evaluate the value of this additional feature. 7. Combined Cost Impacts: With the additional information of the Operating and Maintenance estimations, we can also look at the combined costs of the Gen I, Gen II and Operating and Maintenance costs to further illustrate the importance of the Parcel Tax proposal on MERA member agencies. The following charts show the total of the Gen I Bonds with Operating and Maintenance, should the Parcel Tax pass, and then the combined costs of Gen I and Gen II with Operating and Maintenance costs should the Parcel Tax fail as well as with the smoothing formula. As the Operating and Maintenance estimates go thru FY 2022, these graphs show the impact through that fiscal year. Annual Capital and O &M MERA System -wide Member Costs if the Parcel Tax Passes: $8,000 $7,000 $6,000 $5,000 $4,000 $3,000 $2,000 $1,000 $0 ■ O & M ■ Gen I Capital -� --• CD N N �N�JJ Oo W O N —' 13 N N A flt 0) V OD (D O (All figures are in thousands) Annual Capital and O &M MERA System -wide Member Costs if the Parcel Tax Fails with Smoothing: $8,000 $7,000 $6,000 $5,000 $4,000 $3,000 $2,000 $1,000 $0 ,O&M ■ Gen I Capital , Gen II Capital Oo N N N N A U m V Oa CO O s N W (All figures are in thousands) 8. MERA Member Agency Expense Estimates: The data included in this section are estimates developed for your agency. As a reminder, the Generation I bond cost is based on the current costs and adopted funding mechanism. The Generation II cost above assumes the Parcel Tax fails AND that there are no changes in the current MERA funding mechanisms for distribution of costs across member agencies and that with the smoothing model there is an assumption of interest only payments for seven years with increased annual costs for the remaining thirteen years. Lastly, the Operating and Maintenance cost is based on existing current costs and an educated estimate for future years that also assumes that MERA member costs will be distributed as are Generation I bond costs. a. Generation I Bond Costs: $53,000 annually thru FY 20/21. b. Generation II Bond Costs with Smoothing: $50,000 annually from FY 15/16 thru FY 20/21 and $99,000 from FY 21/22 thru FY 35/36. c. Operating and Maintenance Costs: (Estimated) FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY 22/23 $37 $39 $41 $42 $54 $58 $57 $59 $62 $65 (All figures in thousands) d. Parcel Tax Passes: Gen I Bond Costs and Operating and Maintenance Costs: (Estimated) FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY 22/23 $90 $92 $94 $95 $107 $111 $110 $112 $62 $65 (All figures in thousands) e. Parcel Tax Fails: Gen I and II Bond Costs and Operating and Maintenance Costs With Smoothing: (Estimated) FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY 22/23 $90 $92 $144 $145 $157 $161 $160 $162 $161 $164 (All figures in thousands) 9. Latest Polling Data: MERA has recently conducted a second public opinion survey. This survey focused on the details of the Parcel Tax as described in this staff report. As mentioned in the Round I presentations, the 2013 survey was broad based and helped to develop the funding proposal. The findings of the January 2014 survey include: (Poll conducted 01/26 -29/14 with 400 surveys and a margin of error of 4.5 %) • Support for a $29 parcel tax measure is marginally higher than the $45 measure tested in 2012. • However, support still falls short of the two- thirds vote threshold both initially (62 %) and after positive arguments (64 %). • The lowering of the Parcel Tax to $29 was offset by the diminished concern about the need for reliable emergency communications among respondents. • The two strongest arguments in favor of a measure cite the need for communications during a natural disaster and highlight how a new system would improve 911 response times. • A public information effort is needed to raise awareness of the importance of the MERA system and the need to replace the current system with the Gen II system. By the time that the second round of presentations is complete, MERA will have delivered 48 presentations throughout Marin County on the future of the MERA system and the need for the Generation II system, with public, council and board feedback. In addition, MERA has already held 11 Strategic Plan development meetings and 56 implementation meetings. This work has been accomplished by the MERA Governing Board, Executive Board, Project Oversight Committee, Finance Committee, Governance Workgroup and the Operations and System Technology Workgroup. MERA will also be conducting a proactive public education campaign, including firefighters, police and direct community outreach, from April thru June to increase public awareness of MERA and the critical importance of this project. 10. Tentative Gen II Project Timeline: 11/2014: Parcel Tax Election 03/2015: Request for Proposal 11/2015: Contract Negotiations 01/2016: Detailed Design Review 06/2016: Begin Implementation 09/2017: System Cutover 01/2018: System Acceptance 03/2018: Project Completion 11. Parcel Tax Details: 11/2014 6/2016 Parcel Tax Election 11/2015 Implementation 1/2018 Contract Negotiations System Acceptance . 3/2015 1/2016 9/2017 3/2018 The Parcel Tax has been developed by the MERA Finance Committee and is based on a study by NBS. The Parcel Tax details for different property types are shown below. Proposed Parcel Tag Rates: Property Description Method Maximum Rate Single - Family Residential Per Parcel $29.00 Multi - Family Residential Per Unit $26.10 Agricultural Up to 5 Acres — Small Per Parcel $29.00 Greater than 5 acres — Large Per Parcel $58.00 Commercial, Industrial and Utility Up to %2 acre Per Parcel $87.00 Greater than '' /z acre & up to 1 Per Parcel $174.00 acre 9 of Parcels Tax Units Greater than 1 acre 1 $174 per parcel + $29 /acre I Up to cap of $2,500.00 Parcel Tax Revenues by Category: Parcel Tax Categories 9 of Parcels Tax Units Total Parcel Tax Average per Parcel Median Single Family 81,107 81,107 $2,352,103 $29 $29 Multi - Family 4,986 24,551 $640,791 $129 $52 Agricultural 715 1,361 $39,469 $55 $58 Commercial, Industrial & Utility 4,015 10,360 $585,193 $145 $87 The proposed parcel tax will include exemptions for income qualified senior homeowners. The parcel tax proposal also includes the formation of an Independent Citizen Oversight Committee that shall review the collection and expenditure of tax revenues collected under the authority of the parcel tax measure. During the latter half of 2013, all MERA member agencies were provided with an overview of the system, the current challenges and the proposed solution and funding mechanism. As a result of that process and the feedback received, MERA reviewed and updated the proposal, with the MERA Governing Board approving the updated plan on 12/11/2013. The current action plan for the project is that beginning in February, 2014 through June, 2014 each MERA member agency will be asked to formally endorse the project funding plan for the Next Generation MERA system. In July, 2014, a request will be made to the County of Marin Board of Supervisors to put a countywide parcel tax measure on the ballot in November, 2014. ACTION ITEM: With the support of all of the MERA member agencies, we will be able to continue and improve our countywide public safety communications system for years to come with a Parcel Tax based on a single - family residence assessment of just $29 per year. With your support, we can build on the already strong public support identified in our polling and help inform our community of the importance of this Parcel Tax on the November 2014 ballot. MERA would like to reiterate that the Gen I system needs to be replaced in 2018 and while that is still four years away, it will be a busy four years. Delays will increase the risk of degraded public safety communications and equipment failure. MERA also believes that the successful passage of the Parcel Tax is in the best interest of MERA and for your organization in order to fund this critical project. To that end, MERA is requesting that each MERA member agency pass a resolution to support and endorse the proposed MERA Parcel Tax. The attached resolution is being provided to each MERA member agency with the intent that all of the resolutions will be provided to the Marin 10 County Board of Supervisors as MERA seeks to have the Parcel Tax placed on the November 2014 ballot. FISCAL IMPACT: None at this time, but significant potential costs should the Parcel Tax fail. ALTERNATIVES: Do not approve the Resolution of Support for the MERA Parcel Tax. ATTACHMENTS: 1. Draft Resolution 11 To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor & Members of the Town Council Community Development Department Town Council Meeting April 16, 2014 Agenda Item: rl L 3 Subject: Preliminary Draft Housing Element for the 2015 -2023 Planning Period: Accept Public Comment and Provide Comments & Recommendations Reviewed ANALYSIS This item is a `review and comment" on the Preliminary Draft Housing Element for the state - established 2015 -2023 planning period. Public testimony will also be accepted. Planning Consultant Christine O'Rourke will provide a Power Point presentation as part of the oral staff report on this item. BACKGROUND State Law Requirements for Housing Elements State law requires each city and county to adopt a general plan containing at least seven elements including a housing element. Rules regarding Housing Elements are found in the California Government Code Sections 65580 -65589 and 65863. All Bay Area jurisdictions are required to update their housing elements to cover the 2015 -2023 housing element planning period to comply with State law. The Town's current Housing Element was adopted in 2012 and certified by the State of California Department of Housing and Community Development (HCD). The Town is required to adopt its updated Housing Element for the 2015 -2023 planning period by January 31, 2015. With the passage of SB 375 in 2008, a local government that fails to adopt an updated Housing Element within 120 days of the deadline is now required to revise its Housing Element every four (4) years until adopting at least two consecutive revisions by the due date. Local governments that timely adopt updated Housing Elements are.placed on an 8 -year review cycle. In short, the penalty for untimely adoption is severe. Unlike the other mandatory General Plan elements, the Housing Element is subject to much more detailed statutory requirements and mandatory review by the State of California Department of Housing and Community Development (HCD). According to State law, the Housing Element must: Town Council Meeting Apri116, 2014 Provide goals, policies, quantified objectives and scheduled programs to preserve, improve and develop housing. ➢ Identify and analyze existing and projected housing needs for all economic segments of the community. ➢ Identify adequate sites that will be zoned and available within the current housing cycle to meet the Town's fair share of regional housing needs at all income levels. ➢ Address governmental constraints to housing maintenance, improvement, and development. ➢ Be internally consistent with other parts of the General Plan (which is critical to having a legally adequate General Plan). ➢ Be submitted to the State Department of Housing and Community Development (HCD) to determine if HCD "certifies" that the Housing Element is in compliance with state law. State Law establishes detailed content requirements for Housing Elements and requires a regional "fair share" approach to distributing housing needs — called the Regional Housing Needs Allocation (RHNA). State Housing Element law recognizes that in order for the private sector to address housing needs and demand, local governments must adopt land use plans and implementing regulations that provide opportunities for, and do not unduly constrain, housing development. The Town's RHNA for the 2015 -2023 planning period is shown below by income category. In comparison to the 2007 -2014 planning period, the RHNA has been reduced by one - third. Tiburon Regional Housing Needs Allocation Income Level 2007.2014 Units 2015.2023 Units Percent Change Very Low 36 24 -33% Low 21 16 -24% Moderate 27 19 -30% Above Moderate 33 19 -42% TOTAL 117 78 -33% Towx OF TI st T RON Page 2 of 6 Town Council Meeting Apri116, 2014 Streamlined Review by HCD For this housing element cycle, HCD is providing eligible local governments with an option to utilize a Streamlined Update process. This new process is intended to create efficiencies in the preparation of the updated element as well as clarity in HCD's review process. Recognizing that much of the information in a certified housing element may still be current, the Streamlined Update allows the local government to submit a housing element that indicates where changes have been made. HCD will review the changes that have occurred since the prior planning period and will accept those sections that have not changed as continuing to be in compliance with statutory requirements. Staff and the Town's consultant have already verified the Town's eligibility for a Streamlined Update. The attached Preliminary Draft Housing Element is formatted in order to comply with the submittal requirements for a Streamlined Update. Text revisions are in strikethrough and delete format, except where an entire section has been revised. In that case, the heading has been highlighted in yellow to indicate that everything that follows in that section has been revised. This is applicable to the sections HCD requires to be updated completely (Review of the Existing Housing Element; Public Participation; Policies and Programs), as well as sections that had so many changes it made sense to simply replace the entire section (Available Housing Programs and Funding; Sustainability, Climate Change and Energy). Tables that were revised are indicated by either a highlighted heading or a yellow shadow. Process for the Town's Housing Element Update Town staff conducted a community workshop on February 25, 2014, to solicit comments from the community on directions for the Housing Element. The comments from the workshop helped to identify key issues, strategic directions, and affordable housing opportunity sites to pursue in the Housing Element update. An overview of the community workshop is presented on pages 7 -8 of the Preliminary Draft Element. On March 26, 2014, the Planning Commission reviewed and took public comment on the Preliminary Draft Housing Element. The Commission suggested a few minor text modifications, which have been incorporated into the current draft. Minutes of the Planning Commission discussion are attached as Exhibit A. Once the Town Council has completed its review of the Preliminary Draft Housing Element, it will be submitted to HCD as a Draft Housing Element for a mandatory 60 -day review and comment period. HCD's comments may require modifications to the Draft Housing Element. Staff will strive to respond to all of HCD's comments and then will bring the Draft Housing Element with HCD- suggested modifications back to the Planning Commission and Town Council OF TIBUR ON Page 3 Town Council Meeting Apri116, 2014 prior to adoption. The Town will also conduct environmental review under CEQA on the Draft Housing Element and any proposed modifications as a result of HCD review prior to adoption. Rey Changes from the 2007 -2014 Housing Element The current update builds upon the 2007 -2014 Housing Element as the starting point. As with the 2007 -2014 Housing Element, the Preliminary Draft Housing Element contains four primary sections: Introductory material; Background material; Housing Goals, Policies and Programs; and the Appendix. Many changes are updates reflecting what has happened over the past few years. Key changes from the Housing Element adopted in 2012 include the following: (A) Review of the Previous Element. The Town has been effective in implementing many of the key programs contained in the 2007 -2014 Housing Element (see pages 13 -31 of the Preliminary Draft Housing Element). In 2012, the Town adopted an ordinance which implemented all of the zoning code amendments identified in the 2007 -2014 Housing Element. These amendments include procedures to review and approve requests for reasonable accommodation from zoning requirements. More flexible parking standards and higher densities for smaller studio and one - bedroom units were established for the Affordable Housing Overlay zone. In addition, the Town modified the inclusionary zoning requirements to include a minimum of 25% affordable housing units for market -rate housing projects. Housing development during the 2007 -2014 was slower than anticipated, due in part to poor economic conditions and a weak real estate market. Eight new single family homes and five second units were approved. According to the results of a second unit survey staff distributed in 2013, second units have been determined to provide affordable housing for lower income and moderate income households. (B) Updated Data on Employment, Housing and Population Projections, Housing Needs, Affordability, Land Availability, Potential Governmental and Non - Governmental Constraints. The updated Housing Element contains updated statistics and analysis of housing issues per State law. The projections in the Housing Element are consistent with ABAG's recent projections for Plan Bay Area. (C) Identification of New Sites for the Affordable Housing Overlay Zone. State law allows the Town to accommodate its RHNA requirement for very low and low income housing on sites designated at a default density of 20 or more units per acre. Under the Town's Affordable Housing Overlay (AHO) zone this density can be achieved. The 2007 -2014 Housing Element identified three AHO sites with capacity and realistic development potential to accommodate the Town's lower - income requirement of 57 units. One Tov,w 6F TIM BON Page 4 of 6 Town Council Meeting April 16, 2014 of these sites, the Reed School site, had specific programmatic requirements attached to it, including a requirement for the Town to identify an additional site or sites if the Reed School site became unavailable for use as housing during the planning period. At the end of 2012, the School District informed the Town in writing that the site is not available to be developed with affordable housing due to continually increasing school enrollments. As a result, the Town must identify site(s) to accommodate its unmet lower- income need of 22 units before the current planning period ends. Staff reviewed the list of potential affordable housing sites contained in the 2005 General Plan and determined that two sites were the most viable sites for the AHO zone: the parking lot at 2 Beach Road, adjacent to the Bank of America site, and the Shark's Deli site at 1600 Tiburon Boulevard. Rezoning these two sites will meet the Town's existing unmet lower income need, as the sites have a realistic development capacity of 21 units at the Beach Road parking lot site and 8 units at the Shark's Deli site. The sites also ensure that the Town has capacity to meet its lower income RHNA for the 2015 -2023 planning period. After rezoning, the Town will have capacity for 61 units on the identified AHO sites. Town staff has already confirmed with HCD that these two sites will meet the adequate sites requirement. The Preliminary Draft Housing Element has been drafted as if these sites were already rezoned, while recognizing that inclusion of the sites is dependent upon future Town Council action (also scheduled on this agenda). The consequences for not replacing the Reed School site within the 2007 -2014 planning period are quite harsh, including adding an additional 22 lower- income units to the Town's current RHNA requirement for the 2015 -2023 planning period. Staff believes that finding available sites that meet statutory requirements and provide capacity for the additional 22 lower- income units for the 2015 -2023 planning period would be highly problematic. (D) Revised Policies and Programs The updated Housing Element includes many of the programs that were included in the Housing Element adopted in 2012. Several programs were either deleted or modified because the Town had accomplished the program actions (see Evaluation of the 2007 -2014 Housing Element Programs table beginning on page 16 for identification of these programs). No new programs were added. 00._4.1&11 al g" Following review by Town Council, the Element will be forwarded to HCD for a 60 -day review and comment. Following receipt of those comments, Staff will make any necessary revisions, release a Draft Housing Element for public review, and proceed to hold public hearings before the Commission and Council to consider adoption of the Element. Once adopted by the Town Town Council Meeting April 16, 2014 Council, the Element must be forwarded to HCD for its final review and, if found in compliance with state law, certification by HCD. PUBLIC COMMENT As of the writing of this report, no comments have been received from the public. RECOMMENDATION Staff recommends that the Town Council: 1) Ask any questions of staff; 2) Take public testimony from interested persons; 3) Discuss and provide comments on the Preliminary Draft Element; 4) Direct staff to make any revisions and forward the document to HCD for its review. .4" 1. Planning Commission Minutes of March 26, 2014 (relevant excerpt) 2. Power Point Slide Note Pages 3. Redlined version of Preliminary Draft Housing Element Update 2015 -2023 (bound booklet attached separately) NOTE: The Preliminary Draft Housing Element (red -lined version) is also available on -line at www.townoftiburon.org on the Resident News portion of the website. Prepared by: Christine O'Rourke, Planning Consultant _ Scott Anderson, Director of Community Development W OF TI Ill IRON Page 6 of 6 NEW BUSINESS 2. PRELIMINARY DRAFT HOUSING ELEMENT: ACCEPT PUBLIC COMMENT AND PROVIDE COMMISSION COMMENT AND RECOMMENDATIONS Community Development Director Anderson gave the staff report and introduced Christine O'Rourke, planning consultant. Mr. Anderson stated that the Town adopted its current Housing Element in 2012 and this next update must be adopted by cities and counties by January 31, 2015 and if not, the penalty is rather severe. He described key changes, including new housing and population data and updated land availability and constraints on construction. He stated that the Element must identify replacement sites for the affordable housing overlay, given that the Reed School site was made unavailable by the school district and the State HCD requires that the Town replace that site with enough units to meet their RHNA for this upcoming cycle. He noted that staff has identified two replacement sites in the downtown area, but the housing overlay would be removed from the CVS site which is under a long term lease and is not likely to be available for affordable housing. Director Anderson recommended that the Commission accept public comments on the draft, make any comments and recommendations, and forward its recommendations to the Town Council. Planning Consultant Christine O'Rourke gave a PowerPoint presentation, stating that the presentation was a slightly modified version of the presentation given at the Community Workshop on February 25s'. She discussed the Housing Element requirements and review schedule and explained how HCD and ABAG develop RHNA for cities and counties. She said that the current RHNA for Tiburon is 78 units, broken down into various income categories. She described progress that the Town had made in the past Housing Element cycle between 2007 and 2014, with 5 secondary dwelling units and 8 new single family homes approved and new ordinances and amendments that have been adopted. Ms. O'Rourke presented demographic trends for the town, noting that the percentage of children and seniors is growing in Tiburon. She presented information about housing prices, including average rental housing rates and the current affordable housing in Tiburon. She stated that the Town has identified enough vacant sites to its meet housing requirements and she described the sites that the Town reviewed for potential housing locations. She said that two potential housing sites were identified at 2 Beach Road (the Beach Road parking lot), which has capacity for up to 21 dwelling units, and 1600 Tiburon Boulevard (Shark's Deli), which has the capacity for up to 8 units. She said that HCD had reviewed and approved these sites, which would meet the Town's need for the next Housing Element and provide a cushion in the number of units required. She gave an overview of the timeline for adopting the Housing Element and asked for Commission questions or comments. Commissioner Corcoran asked about deed - restricted housing in Tiburon Hill Estates and whether these units qualified as affordable housing. Director Anderson explained that this site was built as apartments in 1964 and turned into condominiums in the 1980s, at which time the County Board of Supervisors required that 40 of the units be non -owner occupied and another 16 units were set aside and deed restricted as low income units. TIBURON PLANNING COMMISSION MINUTES - MARCH 26, 2014 - MINUTES NO. 1042 PAGE 2 ' EYMIIBIT NO. Commissioner Corcoran said the Commission learned at its last meeting that the Shark's Deli owner has expressed interest in developing the site. Director Anderson said staff has spoken to the owner who owns both sites, and they were not opposed to having the proposed housing overlay designation placed on these sites. Commissioner Corcoran questioned whether the Shark's Deli site could be feasibly developed with housing. Ms. O'Rourke indicated that these sites are feasible from HCD's point of view.. She explained that these sites are flat and close to transit and services, and are all very good characteristics from HCD's perspective. Commissioner Kulik asked about the decrease in RHNA over time, specifically from the last cycle. Ms. O'Rourke said it is probably because there is a recognition that many towns are essentially built out, so the RHNA figures were decreased for all cities in Marin County, in part because Marin County does not have transit opportunities like in other counties. Commissioner Kulik said he noticed that the data for rental units showed similar rents for one bedroom and two bedroom units. Ms. O'Rourke said that this data comes from studies that look at apartment buildings with 50 or more units. Chair Weller asked if the target numbers for the 2007 to 2014 period and the upcoming period are cumulative. Ms. O'Rourke said that the numbers are not additive unless a jurisdiction committed to making sites available and failed to do so. Chair Weller asked if the Commission was being asked to recommend modification of the Housing Overlay to satisfy the 2014 RHNA numbers because of the current unavailability of the Reed School site. Ms. O'Rourke explained that the current Housing Element contains a program that says if that site failed to materialize the Town will identify another site or sites. She said that HCD is aware that the Town lost this site as "available" during the planning period and has required that another site or sites be identified within the planning period. Chair Weller said that the draft Housing Element, as written, would include sites for more housing than is required for the upcoming period. Ms. O'Rourke said that by approving the sites to satisfy the current Housing Element, the Town would have a small cushion if any of the sites becomes unavailable during the upcoming planning period. Chair Weller opened the public hearing. Jody Ceniceros said that she is a realtor and is interested in the housing issue. She asked what is required to be built in Tiburon. Ms. O'Rourke stated the Town is not required to build any housing, but to have the zoning in place and policies and procedures in place that will encourage building. She said that the Town has to identify sites at various densities, but the Town is not required to have housing built. She said that this process is more about facilitating development. Ms. Ceniceros stated that designating areas for housing could lead to litigation which would affects home buyers, and she wondered if realtors are disclosing this. She said that once there is enough transportation, more units can be built. She said that none of the sites is totally ideal, as parking is needed downtown and the Cove Shopping Center site is by a creek. She described a TBURON PLANNING COMMISSION MINUTES -MARCH 26,2014- MINUTES NO. 1042 PAGE 3 potential concept being circulated in the planning community that would reduce permit fees if you wanted to build a small secondary unit or add a wet bar to an existing home, and encouraged the Town to look into this. Director Anderson said that these would not be traditional second units, but are being called "junior" second units. He said it is possible that when this Housing Element comes back later this year in a more finalized form the Town may have a new program that addresses those, if benefits can be gained such as HCD actually counting these as new housing units. Richard Wodehouse said that he found it interesting in the demographics quoted by Ms. O'Rourke that the number of children is growing, but the number of non - elderly adults is decreasing. Ms. O'Rourke noted that the number of older parents aged 35 and up was growing. Chair Weller closed the public hearing. Commissioner Kulik stated that the draft Housing Element was quite impressive with so much data well condensed to be digestible. He found the demographic data interesting and thought that the housing overlay would provide further options to the Town. He characterized the document as largely an update to what is an already great Housing Element. Commissioner Welner concurred and asked if the Town has any initiatives or processes for accommodating seniors beyond what is included in the Housing Element. Director Anderson said that senior housing in Tiburon was well represented in prior elements, but HCD criticized the Town for over - representing seniors and under- representing other household groups. He said that in this element cycle staff has tried to provide a more balanced approach. He noted that all prior sites that the Town has developed in recent decades have been for seniors, and now the incentives must be more broadly -based to include other household types as well. Commissioner Corcoran commented that the element is thorough, with interesting demographic changes. He stated that the CVS was previously designated and although the project turned out well, he remembered how disappointed people were that the site was not developed into more of a mixed use. He asked if there was more that the Town could be doing in this document or discussion to try and put policies in place so this does not happen again. Director Anderson said that the CVS site was an unfortunate concurrence of events that essentially derailed a true redevelopment of the site, including recession problems with the economy, ownership changes, and the building sitting empty for a long period of time. He said that the Town put together an incentive package to encourage redevelopment, but at the time financing was difficult to get and the owner could not get anyone interested in developing mixed use despite a sincere attempt. Chair Weller said he noted a reference on page 11 to changes in the senior population due to baby boomers aging, and he asked and confirmed with Ms. O'Rourke that the comment means that they pass on and she agreed to revise the wording for "aging." Chair Weller referred to Page 19, Items H.h and H.i which indicate that staff did not take action to apply for various grant funds relating to affordable housing because of workload and resources. He wondered if there was likely to be any change in funding opportunities. Director Anderson said that there has not been much funding available and relatively wealthy communities like Tiburon are at a disadvantage in applying for funds. He said that there are opportunities for tax credits and other TIBURON PLANNING COMMISSION MINUTES - MARCH 26, 2014 - MINUTES NO. 1042 PAGE 4 funding sources that the Town can tap into. Chair Weller suggested substituting wording with this explanation to reflect Director Anderson's comments. ACTION: It was M/S (Welner /Corcoran) to direct staff to incorporate suggested changes and forward the Draft Housing Element to Town Council. Motion carried: 4 -0. PUBLIC HEARING: 3. CONSIDER RECOMMENDATION TO THE TOWN COUNCIL REGARDING 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 AND 1600 TIBURON BOULEVARD AND 2 BEACH ROAD, AND RELATED MAPPING AND POLICY AMENDMENTS; Assessor Parcel Nos.058- 171 -97, 059- 101 -01 and 058 - 171 -86; MCA 2014 -01; GPA 2014 -01 Planning Manager Watrous said that much of the background for this request was covered by Ms. O'Rourke in the previous item. He stated that the Town has identified two sites to be designated with the Affordable Housing Overlay Zone and would eliminate that designation from the CVS site since it is no longer available. He described amendments to sections of the General Plan, the zoning map and the zoning ordinance to reflect these changes. He said that an Initial Study was prepared that found that because the project would replace a 1.47 acre site with two sites of the same area and in the same general vicinity, it would substitute the development potential on one site with the same development potential on the other two sites and would therefore result in no substantial potential environment impacts. He recommended that the Commission hold the public hearing, discuss changes and recommend it to the Town Council. Chair Weller opened the public hearing and there was no public comment. He closed the public hearing. ACTION: It was M/S (Corcoran/Kulik) to adopt the resolution with no changes and forward to the Town Council. Motion carried: 4 -0. MINUTES: 3. PLANNING COMMISSION MINUTES — Regular Meeting of March 12, 2014 ACTION: It was M/S (Corcoran/Welner) to approve the minutes of the March 12, 2014 meeting, as submitted. Motion carried: 4 -0. TIBURON PLANNING COMMISSION MINUTES - MARCH 26, 2014 - MINUTES NO. 1042 PAGE 5 TOWN OFTIBURON HOUSING ELEMENT UPDATE April 16.2014 WHAT IS HOUSING ELEMENT? One of 7 required elements of theTown's General Plan - Housing element has been required since 1969 Reviewed and certified by HCD Now, update every 8 years Streamlined update REQUIREMENTS Evaluation of current housing element Demographic and housing need analysis Constraints on housing development Site inventory Programs to promote housing opportunities and meet RHNA 4/1/2014 q�:'.H IBIT NO.-O7-0- 4/1/2014 REGIONAL HOUSING NEED ASSESSMENT (RHNA) HCD determines regional need ABAG develops RHNA for cities and counties Bay Area 187.990 units Marin County 7,298 units Tiburon ' 78 units RHNA FORTIBURON 630 394 I 164 117 78 1960 -19M 1990.1999 199F1006 10071019 10141011 INCOME CATEGORIES Very Low Income Up to 50 %of Median Up to $57,000 Low Income SO -80 %of Median Up to $91,000 Moderate Income 80- 120 %of Median Up to $124,00 Above Moderate Income Qser120 %of Median 0var$124,000 Median Income is $103,000 for a 4 person household in Marin County FA 4/1/2014 DISTRIBUTION OF INCOME CATEGORIES Tiburon Ea,e odl Dnblbution lo s Ve Low v LM ry so s It Up Median Above Median 36 33 33 34 31 19 19 I 16 Very Low Low Moderate Above Mod. 2007 -2014 ■ 2014 -2022 PROGRESS FOR 2007 -2014 PERIOD > 5 Second Units Approved • 8 New Single Family Homes New ordinances and amendments adopted - Ressonable Accommodation procedures @cblbhed higher d. mid. for smaller czadio and one - bedroom unlit, flexible parking standards lnAlfordzble Housing Overlay zone - Modified lncluslomry zoning w include a minimum of 25% affordable housing 91 DEMOGRAPHICTRENDS: POPULATION 12.000 1x.000 121200 9,SU0 9,900 8,666 8,962 9,100 4000 4.000 2000 0 2000 2010 2020 2030 2010 BOSS 0� 690 2,510 1,580 2, _I 2500 2.310 _ 2000 1.500 1.000 500 0 2010 2020 2030 2040 AGE GROUPTRENDS am 1990 2000 2010 0 -19 years -. 20-34 years . 3564 years 65 years and over 4/1/2014 El COMPAREDTO MARIN 63% L55%Ttburon 24% 21% uwa. ie eas....�le aness owes COMPAREDTO MARIN TYPES OF HOUSEHOLDS 6% Family without kids 28% 36% as Family with kids Single person 30% 4/1/2014 63% 55% Tburon •MannC um, d� .3n a -. 26% 24% 21% i �0. ® mx I� uMU ie Bennn la W ss p 11 TYPES OF HOUSEHOLDS 6% Family without kids 28% 36% as Family with kids Single person 30% 4/1/2014 4/1/2014 TENURE 32% Owner ■ Renter 68% AVERAGE HOME PRICES In 2012, median sales price was $1.6 million for a single family home $853,000 for a condo or townhome A family of four with a moderate income of $124,000 could afford —at most —a $500,000 home AVERAGE RENTAL RATES IN MARIN Avenge Ren[ $1.261 $1,781 $1)89 $2.937 Annualmrome $54000 $71.00 572.000 $11].000 Needed Affordable,. Low income Some Some Some No Hou[ehOW 3 4/1/2014 NEEDSANALYSIS > Increasing demand for senior housing. +More housing options for young adults. Need both rental and ownership housing, for a variety of household types. Low Income households have a difficult time finding affordable rentals in Marin. High income needed to purchase a home in Tiburon. AFFORDABLE HOUSING IN TIBURON , Market Rate Units :- Second Units Below Market Rate Units HILARITAAPARTMENTS 4/1/2014 CECILIA PLACE BRADLEY HOUSE TIBURON HILL ESTATES 4/1/2014 EXISTING AFFORDABLE HOUSING OPPORTUNITY SITES Designated in an Affordable Housing Overlay Zone. Property may be developed, or remain, as use permitted in underlying zoning district. Market rate, with 25% of units deed restricted as affordable units. 12.9 to 20.7 units per acre All units an be credited against lower income RHNA EXISTING AHO SITES Chase Bank 9 to 15 unin 0 No RuA, Let Nen to CM1axe 13 to 20 unin 20 Yes Bank Bank Al oer. 7 to I1 umu o No Cove ShoppingCeoter 8 t 4umts 12 Yes (person) Reed SdNal(pordon) 12m 37 unin 37 No MTP 69 32 M DOWNTOWN SITES AVAILABLE LAND FORAFFORDABLE HOUSING RHNh Ior2W]3oH 55 RAN 2014 -]0]2 40 Sa.Mre.dy komf'ed 32 RdS.d Se. Needed 33 POTENTIAL SITES CONSIDERED No Longer Available or Unlikely to he Developed During the Planning Period: CVS Chase Bank Bank fAmerica Chandleri Gate Reed Elementary School (portion) 600 hled'sV y Shepherd of the Hills Church Tiburon Baptist Church Sc Hilary Catholic Church (portion) Community Congregational Church Kol Shofar Synagogue Olouml(unino.m. rated area) pan Paclnc Ocaan (unlnmrponted area) Hllarita (unused pardon) 4/1/2014 10 POTENTIAL SITES t k POTENTIAL SITES Park, Lot Next to Chase 13 to 20 unlu Yee i0 Bank Co.e Shopping Center 8m 12un1u Yet 12 (Portion) PahJes, Lot N. to Bank of 14 to 21 unto Need [o 21 Aned. Dengratemo SharkY Deh SmB h,1. Need to 8 Dengnaosmo IOTA 61 NEXT STEPS -- April: Preliminary housing element to City Council May. Preliminary housing element sent to HCD July. HCD final letter due July- September.Environmental review documents prepared October. Planning Commission hearing - November.Town Council adopts housing element 4/1/2014 11