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Home My WebLink AboutTC Agd Pkt 2014-05-07TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 AGENDA TIBURON TOWN COUNCIL CALL TO ORDER AND ROLL CALL Tiburon Town Council May 7, 2014 Regular Meeting - 7:30 p.m. Councilmember Fraser, Councilmember O'Donnell, Councilmember Tollini, Vice Mayor Doyle, Mayor Fredericks CLOSED SESSION ANNOUNCEMENT, IF ANY ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. • Annual Heritage Preservation Award --Phil Cassou, 2014 Recipient CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion of the Town Council unless a request is made by a member of the Town Council, public or staff to remove an item for separate discussion and consideration. If you wish to speak on a Consent Calendar item, please seek recognition by the Mayor and do so at this time. 1. Town Council Minutes -Adopt minutes of April 16, 2014 meeting (Town Clerk Crane Iacopi) 2. Town Council Minutes -Adopt summary minutes of March 25, 2014 Town Council /Staff Retreat (Town Clerk Crane Iacopi) 3. Annual Street Rehabilitation Project -Authorize award of bid for 2013 -14 Town Street Rehabilitation Project (Department of Public Works) 4. 2013 Storm Drain Cleaning Project -Accept project as compete and authorize the filing of the Notice of Completion (Department of Public Works) 5. 2013 Storm Drain Repair Project- Accept project as compete and authorize the filing of the Notice of Completion (Department of Public Works) 6. Zoning Ordinance Amendments -Adoption of amendments to 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 & 1600 Tiburon Boulevard and 2 Beach Road, and related mapping and policy amendments; Assessor Parcel Nos. 058 - 171 -97, 059 - 101 -01 & 058- 171 -86; MCA 2014 -01; GPA 2014-01 - Adoption of Ordinance (Community Development Department) 7. Fee Waiver Request - Request by Reed Heights - Tiburon Knolls Neighborhood to waive fees associated with removal of Eucalyptus trees on Town property (Town Manager Curran) PUBLIC HEARING 1. 55 Monterey Drive - Request to amend the Cypress Hollow Precise Development Plan (PD #45) to create a new secondary building envelope (Community Development Department) Applicant: Silas Edman, Jr. Owners: Sarnia and Derek Robson AP Number: 034 - 395 -03 TOWN COUNCIL REPORTS TOWN MANAGER'S REPORT WEEKLY DIGESTS • Town Council Weekly Digests -April 18 & 25, 2014 • Town Council Weekly Digests -May 2, 2014 ADIOURNMENT GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (415) 435 -7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere- Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town's website, www.ci.tiburon.ca.us. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability- related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. lt_Z�Wqe 05;;4� PROCLAMATION On the Occasion of its 50th Anniversary of Incorporation WHEREAS: One hundred and forty years ago, in the year 1874, leaders in the ranching community on the Tiburon Peninsula, in their concern for education, established the first school in the present Town of Tiburon; and WHEREAS: One hundred and thirty years ago, in the year 1884, Point Tiburon, because of its proximity to San Francisco, was chosen as the site of a terminal for trains and ferryboats, from which waterfront settlement grew.a town; and WHEREAS: Fifty years ago, in the year 1964, the people Tiburon felt the need for enhanced governmental services and self- determination, so in a free election voted to incorporate and establish the City of Tiburon; and WHEREAS: Thirty -five years ago, in the year 1979, the City of Tiburon determined it preferred to be known as a Town rather than a city to reinforce and reflect its unique charm and character; WIIEREAs: The Town Council of the Town of Tiburon wishes to celebrate fifty years of incorporation and the ensuing progress, improvement, preservation and general advancement in the quality of our community and the way of life it provides. Now, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF TIBURON DOES HERE BI' RESOLVE: The last weekend of May, 2014, shall be set aside to commemorate 50 wonderful years as a Town and all citizens of the Town, and our neighbors as well, are hereby urged to join in the festivities to celebrate our heritage and good fortune to live in this time and place known as Tiburon, California. ALICE FREDERICKS, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK FRANK X. DOYLE, VICE MAYOR JIM FRASER, COUNCILMEMBER EMMETT O'DONNELL, COUNCILMEMBER ERIN TOLUNI, COUNCILMEMBER MARGARET A. CURRAN, TOWN MANAGER MOC Public Action and Accountability Session Join Fellow Marin Organizing Committee leaders as we • Engage candidates for District 1 County Supervisor, presenting our collective agenda for the common good and gaining candidates' commitments to work with MOC on a variety of issues with a particular focus on establishing a permanent home for the REST program. • Recognizing our local elected officials as allies in our efforts to move this important agenda forward. Thursday May 15, 2014 7:00 - 5:30 pm Registration begins at 6:30 pm Congregation Rodef Sholom 170 N. San Pedro Road, San Rafael If you can attend please contact: Gail Dorph: gaildorph@gmail.com Or contact Liz Hall, MOC organizer at 415 - 563 -0262 Marin Organizing Committee: Strengthening Institutions, Creating Community Change TOWN COUNCIL MINUTES CALL TO ORDER Mayor Fredericks called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, April 16, 2014, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: PRESENT: EX OFFICIO: Doyle, Fraser, Fredericks, O'Donnell Tollini Town Manager Curran, Town Attorney Danforth, Director of Community Development Anderson, Police Chief Cronin, Town Clerk Crane Iacopi Prior to the regular meeting, the Council met in closed session, beginning at 7:10 p.m., to discuss the following: CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: (One case, relating to alleged damage to 35 Lyford Drive in Tiburon from water run -off from public right -of -way) CLOSED SESSION ANNOUNCEMENT, IF ANY Mayor Fredericks said there was nothing to report from the matter discussed. ORAL COMMUNICATIONS None. PRESENTATION • MMWD Drought Update ( Boardmember Larry Russell) Marin Municipal Water District Facilities Manager, Tom Cronin, did a slideshow and Boardmember Larry Russell provided commentary. They said that the recent rainfall had helped unty avert a drought; one weekend storm alone had deposited 20 inches which had DRAFT ncil Minutes ka- -2014 April 16, 2014 Page 1 doubled the amount of water in the reservoirs. Boardmember Russell said that if it had not rained, the historical records showed that Marin County would have had the worst drought year since the early 1900s. Russell said that in 1929, nineteen inches of rainfall had been recorded; in 2013, that figure dropped to 11 inches, an unprecedented low. Because of this, he said that we were headed for mandatory rationing in April, but the recent stone had hit the County directly and that the storage capacity of the reservoirs was 80% at Kent, and above normal at the others. Russell said the Board had created a task force to ensure that we never get caught in this kind of situation again. One way to achieve this is through cooperation and connection of all the Bay Area water agencies, according to Russell. He said they were creating a "Drought Resiliency Plan". He also said that the district had an Urban Water Management Plan in place and were moving forward under the leadership of the new manager, Krishna Kuchar. Council asked a number of questions, including one from Councilmember O'Donnell about the possibility of constructing a desalination plant for long -range planning. Boardmember Russell summarized the history surrounding the opposition to the proposed plant at the Rod and Gun Club; and he said that a subsequent ballot measure limited what could be built. He also noted that even though this technology was evolving and was widely used in some and regions, it was in fact five times more expensive than collecting water in the conventional methods. CONSENT CALENDAR 1. Town Council Minutes —Adopt minutes of April 2, 2014 meeting (Town Clerk Crane Iacopi) 2. Tiburon Boulevard Medians — Approve agreement with CalTrans for maintenance of medians (Department of Public Works) Mayor Fredericks asked about the supplemental staff report that was submitted for Item No. 2. Town Attorney Danforth explained the differences in the signature authority on the agreement and the resolution and how these issues had been resolved. Town Manager Curran also noted the reason for putting the item on this agenda is that the approval would be necessary for obtaining an encroachment permit with CalTrans and that the bid schedule (in mid -May) required this to be in place prior to that time. There were no further questions about the consent calendar items. MOTION: To approve Consent Calendar Item Nos. 1 and 2. Moved: Fraser, seconded by O'Donnell Vote: AYES: Unanimous ABSENT: Tollini DRAFT Town Council Minutes ka -2014 April 16, 2014 Page 2 ACTION ITEMS 1. Special Event Permit Application — Consideration of a Special Event Permit application submitted by Landmarks Society to stage an event at Shoreline Park (Town Clerk Crane Iacopi) — continued without hearingfrom April 2, 2014 Mayor Fredericks noted that the application had been withdrawn by the applicant. 2. Marin Emergency Radio Authority Ballot Measure — Presentation and request for support of November 2014 ballot measure; resolution (Chief of Police Cronin) In his staff report, Chief Cronin said 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. He said that MERA is governed by a board of directors, noting that he is the Town's representative to the Board, and the first alternate is Councilmember Tollini. Chief Cronin said that MERA has determined the need to replace the existing countywide public safety and emergency radio system. He said the system is approaching obsolescence as a result of new Federal Communications Commission (FCC) standards that will take effect in 2017 and will require MERA to surrender the radio frequencies it currently uses by 2021. Cronin said that MERA was designed to support 2500 users; at present there are close to 2900 and that number is expected to continue growing. He said that 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. Also, because of the topography of the Tiburon peninsula, both the Tiburon Police Department and the Tiburon Fire Protection District experience communication "holes" where the radios do not work. He said that MERA plans to have a new system operational in 2018 to address all these issues. Chief Cronin introduced Project Manager Dave Jeffries who described the new system and proposed financing. Jeffries said that on December 11, 2013, the MERA Board 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. He said that operating costs would continue to be paid from the general fund based on a formula contained in the joint powers agreement. He said the proposed Parcel Taxis $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. He said the Parcel Tax is scheduled to be on the November 4, 2014 ballot, and that 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. DRAFT Town Council Minutes #xx -2014 April 16, 2014 Page 3 Jefies said that funding from the parcel tax would replace all of the radios and would improve 911 call response through capacity and coverage improvements. The latter he said would mean the addition of new towers — four in Southern Marin and two in West Marin. The system would move to a 700 megaherz band width and would include all mutual aid channels. Jeffries said the direct benefits would be: 1) improvement of communication safety and first responders; 2) community responsibility for delivery of services; and 3) compliance with State and Federal regulations. Mr. Jeffries described the different methods considered by the Board for financing the "Generation II" system. He said that if another bond measure was sought, there would be a noticeable spike in cost over a six-year period when both bonds were being paid. He said that although the Finance Committee had studied a smoothing process, the Board voted to endorse the parcel tax funding proposal. He said that MERA was also considering a service upgrade agreement and that would require the successful vendor to come in every couple of years to replace parts and pieces and therefore extend the life of the system. He said the Board was also looking into whether it would be cost effective to do this in- house. Overall, Mr. Jeffries said the current system had enjoyed a lot of success; that breakdowns in communication were not widely reported. However, he said that in order to roll out a new system, they would have to commence fairly soon in preparing the RFP, doing public education, and the like. He said the 25 member agencies of MERA will and have had many public meetings to discuss the particulars of the proposed upgrade and parcel tax. If there is enough support, he said that MERA planned to ask the Board of Supervisors to put the measure on the November ballot. Councihnember O'Donnell asked whether there were more manufacturers available to bid than on the Generation I system (when only one company responded). Mr. Jeffries said that Motorola, Kenwood, and Johnson were all potential vendors. He went on to say that MERA had hoped that the system would last for 15 -20 years, however, initial delays and litigation delayed implementation of the Generation 1 system for almost six years. He also said that the banding issues with FCC were unexpected. But now, Jeffries said an infrastructure —home buildings, tower sites, etc. - -were in place that would expedite implementation of a new system. O'Donnell also asked about coverage in areas of difficult topography or remote locations, such as Paradise Drive. Mr. Jeffries acknowledged that the topography of Marin was indeed challenging. He said their field users and engineers were all working on prioritizing certain areas which resulted in the proposed new sites for Southern and West Marin. He said that when the final vendor is selected, they would work on more precise location and siting. With regard to system costs, Councilmember Fraser asked if the systems used by other counties or municipalities had been studied for comparison. Mr. Jeffries said that Mr. Tackenberry of Marin County Public Works had looked at other systems in the Bay Area. DRAFT Town Council Minutes #xx -2014 April 16, 2014 Page 4 Fraser asked Mr. Jeffries if he was confident that the MERA budget proposal was adequate for the new system costs. Mr. Jeffries said that additional sites and contingency funds had been factored into the budget, along with options such as an enhanced service agreement and user add - ons. Fraser asked about inflation. Mr. Jeffries said there said that an inflationary factor was included, as well. Councihmember Fraser wondered whether advancements in technology had created greater efficiencies in these types of radio systems. Mr. Jeffries said that the challenge was one of scale; that if MERA could simply buy i- phones, the system would cost considerably less. But he said that public safety radios are different in many ways from cell phones; he said the MERA system works on far fewer towers than cell phone sites, but that the system must have redundancy for safety purposes. Councilmember O'Donnell said that it was a difficult decision whether or not to tax oneself. He said that in the bonds versus tax debate, the tax takes the obligation off of the cities and towns and puts it on to the property owners. Overall, O'Donnell said that he recognized the need for such a system, and because the amount of the parcel tax was relatively minor, he would support the proposal. Mayor Fredericks opened the item to public comment. There was no public comment. MOTION: To adopt the resolution in support of a Parcel Tax on the November ballot. Moved: Fraser, seconded by Doyle Vote: AYES: Unanimous ABSENT: Tollini 3. Tiburon General Plan Housing Element — Preliminary Draft Housing Element for the 2015 -2023 Planning Period: Accept public comment and provide comments & recommendations (Community Development Department) Director Anderson said this was a "review and comment" on the Preliminary Draft Housing Element for the state - established 2015 -2023 planning period and that public testimony would also be accepted. He said the Town's current Housing Element was adopted in 2012 and was certified by the State of California Department of Housing and Community Development (HCD). Anderson noted that the Town is required to adopt its updated Housing Element for the 2015- 2023 planning period by January 31, 2015. For this cycle, he said that the ABAG regional housing numbers had decreased by 33 percent; also, that the Town had qualified for a streamlined review process. The Director said Town staff conducted a community workshop on February 25, 2014, to solicit comments from the community on directions for the Housing Element. Following the workshop, at its March 26, 2014 meeting, the Planning Commission reviewed and took public comment on DRAFT Town Council Minutes #as -2014 April 16, 2014 Page 5 the Preliminary Draft Housing Element. Anderson said the Commission suggested a few minor text modifications, which had been incorporated into the current draft. Anderson said that following review by Town Council, the Element will be forwarded to HCD for a 60 -day comment period. 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 Planning Commission and Council to consider adoption of the Element. Once adopted by the Town Council, the Element must be forwarded to HCD for its final review and, if found in compliance with state law, certification by HCD. He said that as of this date, no comments had been received from the public for this meeting. Director Anderson said that the Town's Housing Element consultant, Christine O'Rourke, had prepared a slideshow presentation for the Council (a copy of which was included with the written staff report). He recommended that the Council ask questions of staff, take public testimony, discuss and provide comments on the Preliminary Draft Element, and direct staff to make any revisions and forward the document to HCD for its review. In her presentation, Ms. O'Rourke reviewed the requirements for the Housing Element, the Regional Housing Need Allocation (RHNA), what constituted low income, moderate income and very low income, and the progress made by the Town from 2007 -2014 in meeting its housing goals. She also showed existing affordable housing in Tiburon (the Hilarita, Cecilia Place, Bradley House and Tiburon Hill Estates), along with affordable housing "opportunity" sites at the Cove and potential sites in downtown Tiburon. After her presentation, Ms. O'Rourke took questions from the Council. Councilmember O'Donnell asked if the housing overlays mentioned in the presentation imposed specific requirements on a site. Ms. O'Rourke said that they simply provided an opportunity to develop the site for housing. O'Donnell asked if the overlays would restrict a property's development in any way. Ms. O'Rourke said no, if a property were zoned commercial, for instance, the owner could just develop it for commercial use if they so chose. Councilmember Doyle asked what the definition of "available" sites was in the context of the report. Ms. O'Rourke said it meant a vacant or underutilized site; for instance, the parcel where Shark's Deli is located. Mayor Fredericks asked whether the incentive (tax increment financing) mentioned on page 26 of the report was still available. Director Anderson said that the tax increment financing was no longer in existence and that the reference to it was contained in a section referring to the prior housing element. Mayor Fredericks asked if the site located above Reed School was still available as a potential housing site. Anderson said that the reference on page 7 was simply a description of sites that had been looked at, and that the school board had said that it was not available for housing. Ms. DRAFT Town Council Minutes hxa -2014 April 16, 2014 Page 6 O'Rourke said that the site is still in the overlay zone but not available to be counted toward the RHNA allocation in the upcoming housing element cycle. Finally, Mayor Fredericks asked whether the term "over pay" on page 44 was a planning term. Ms. O'Rourke said that it was meant to convey paying over 30% of one's income for housing. Mayor Fredericks opened the public hearing. Rachel Ginis, Lily Pad Homes, advocated for using "junior second units" in homes as a mean of developing affordable housing and addressing the housing crisis. She said that young adults and seniors often have the least income and that her company was working on making unused bedrooms available in homes for rental. She said this practice would not increase density, water or energy use, nor create an impact [from construction vehicles] on roadways. Rather, she said they simply "repurpose" spare bedrooms and just need the addition of a sink and a separate entrance. Ms. Ginis said this type of housing would be great for single parents, seniors who want to age in place, and members of the workforce. She said they are calling them "junior second units" and she asked for the Town's support in adopting an ordinance allowing these units. Mayor Fredericks asked staff about the Town's second unit ordinance. Director Anderson said that theoretically, junior second units would be even easier to gain approval as compared to traditional second units, as there would be no new fixtures, they would be within existing spaces, and the like. Anderson said that Ms. Ginis had presented this idea to the Marin County Planning Director's group and that the group was working on a white paper which he hoped could be presented to the Planning Commission after the HCD completes its initial review of the Town's Housing Element. Director Anderson went on to say that this type of housing could serve a valuable purpose, and was less obtrusive than adding a second unit. However, he said there were also challenges, such as possible conflicts with water districts over metering and with fire districts regarding sprinklers. Also, under the Town's Zoning Ordinance, he said the way it is worded would create a conflict between the definition of a "unit" and a single family dwelling. This could be resolved, possibly by amending the wet bar portion of the ordinance, according to Anderson. Mayor Fredericks closed the public hearing. Councilmember O'Donnell said that he was troubled by the entire RHNA, ABAG and MTC process of determining housing and demographics; and that the current process produced very little actual affordable housing. He said that if the problem was to be addressed, it should be done in a direct and more effective manner. He cited junior second units as one such possibility. Mayor Fredericks asked whether RHNA made the Town eligible to receive transportation funding. Anderson said that the Town would be ineligible for OBAG funds in 2015 if it did not file a housing element by January 31, 2015, so there was a connection. He explained the severe DRAFT Town Council Minutes #xx -2014 April 16, 2014 Page 7 penalties associated with not achieving a certified element in a timely manner and opined that the costs to the Town of failing to achieve compliance with HCD mandates might be too painful for the Town to even consider. The Mayor pointed out that the Town had done a good job of providing information to ABAB during the RHNA process to justify lower allocations, so although the process might not be logical, the Town's housing numbers had been reduced as a result. Councilmember Fraser said he agreed with Councilmember O'Donnell's comments. He said that this process was a paper exercise and absolutely nothing would happen to ensure affordable housing. Mayor Fredericks said that it was not the fault of the planners who worked to comply with the state requirements. Director Anderson recommended that the Council pass a motion directing staff to forward the preliminary housing element to HCD for its initial review. MOTION: To direct staff to submit the preliminary element to HCD for its initial review, as written. Moved: O'Donnell, seconded by Fraser Vote: AYES: Unanimous ABSENT: Tollini PUBLIC HEARING 1. General Plan and Zoning Ordinance Amendments — Consider amendments to the Tiburon General Plan, Tiburon Zoning Map and text amendments to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code regarding Affordable Housing Overlay Zoning on properties at 1599 & 1600 Tiburon Boulevard and 2 Beach Road, and related mapping and policy amendments; Assessor Parcel Nos. 058- 171 -97, 059- 101 -01 & 058 - 171 -86; MCA 2014 -01; GPA 2014 -01 (Community Development Department) Director Anderson said that the item was to adopt proposed amendments to the Tiburon General Plan, amendments to the Tiburon Zoning Map and text amendments to zoning regulations contained in the Tiburon Municipal Code, Title IV, Chapter 16 (Zoning) to implement programs from the current Housing Element and to address affordable housing issues that have arisen in the preparation of the current update for the Housing Element. He said the latter removed the CVS site from the affordable housing overlay, while adding two new sites to offset its removal. Anderson said that an Initial Study/Draft Negative Declaration was prepared for the project and no public comments were received in response to this study. He said the amendments had no significant environmental impact; rather, they represented a trade -off of units between sites. DRAFT Town Council Minutes #xx -2014 April 16, 2014 Page 8 The Director said the Planning Commission held a public hearing on March 26, 2014 and recommended approval of the amendments to the Town Council. Mayor Fredericks opened the public hearing. Jody Ciniceros asked whether the Shark's Deli site was owned by a citizen and whether they had been notified of the affordable housing overly designation of that site. Director Anderson said that the property owner had been approached months ago at the outset of the process and was aware of the proposed overlay designation. Anderson also noted that minor corrections had been made to both the draft resolution and draft ordinance, and that copies of the revised documents had been distributed to the Council prior to the meeting and were available for public review. There was no further public comment. Mayor Fredericks closed the public hearing. MOTION: To adopt the resolution amending the Tiburon General Plan. Moved: O'Donnell, seconded by Doyle Vote: AYES: Unanimous ABSENT: Tollini MOTION: To read the proposed ordinance amending the Zoning Ordinance by title only. Moved: Fraser, seconded by O'Donnell. Vote: AYES: Unanimous ABSENT: Tollini Mayor Fredericks read, "An ordinance of the Town Council of the Town of Tiburon amending Municipal Code Title IV, Chapter 16 (Zoning) by amending the Tiburon Zoning Map and making text amendments." MOTION: To pass first reading of the ordinance; to waive second reading and bring the ordinance back for adoption on the Consent Calendar. Moved: O'Donnell, seconded by Doyle Vote: AYES: Doyle, Fraser, Fredericks, O'Donnell ABSENT: Tollini TOWN COUNCIL REPORTS None. TOWN MANAGER'S REPORT None. DRAFT Town Council Minutes ka -2014 April 16, 2014 Page 9 WEEKLY DIGESTS • Town Council Weekly Digests — April 4 & 11, 2014 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Fredericks adjourned the meeting at 9:37 p.m. ALICE FREDERICKS, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK DRAFT Town Council Minutes #xx -2014 April 16, 2014 Page 10 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 MEMORANDUM Date: April 1, 2014 To: Mayor and Town Council From: Diane Crane Iacopi, Town Clerk Subject: Summary of March 25, 2014 Council -Staff Retreat Cc- 4z At 9:00 a.m. on Tuesday, March 25, 2014, the Town Council and staff met for a retreat at Servino Ristorante. All members of the Council were present; staff members present were Town Manager Curran, Town Attorney Danforth, Police Chief Cronin, Director of Administrative Services Bigall, Director of Community Development Bigall, Interim Director of Public Works Al Petrie, Police Captain Dave Hutton, Planning Manager Dan Watrous, Superintendent of Public Works Joel Brewer, and Town Clerk Diane Crane Iacopi. Building Official Lustenberger joined the group for the afternoon portion of the meeting. Mayor Fredericks welcomed everyone. Town Manager Curran gave highlights of projects completed since the last retreat including: Lyford Drive parking lot, new downtown restrooms, Dairy Knoll recreation facility, street overlay in Del Mar, CART findings on traffic, the creation of the Tiburon By The Bay brand mark and related brochure and website work, and an extensive customer survey for Town Permit Services resulting in a streamlined RBR checklist. Engineering for the Tiburon Boulevard median plantinggroject was completed and fundraising is now underway, as is planning for the Town's 50 Anniversary celebration. Councihnember O'Donnell asked whether the undergrounding of utilities between Lyford Drive and Mar West would be completed in the coming year. Al Petrie said that this was in process. O'Donnell asked whether funding for the project would roll forward into the next fiscal year and was assured by Town Manager Curran that it would. The meeting moved on to a report from Director Bigall on the Town's unfunded liabilities. Bigall had distributed a detailed written report prior to the meeting, which she summarized. The report, which discusses unfunded liabilities related to CalPERS pensions, OPEBS and compensated leave, is attached (Exhibit A). Town Manager Curran commented that the Town compares very well to other agencies in minimizing unfunded liabilities. She noted that the Town has only one OPEB, a retirement medical allowance, which is no longer available to new employees. Councihnember Tollini asked whether our percentage of unfunded liabilities is typical. Director Bigall said that because the Town had paid off its PERS side fund, it was much better off, but said she did not have access to the actual percentages of liabilities in other cities or towns. Town of Tiburon Tollini asked whether, barring any catastrophic collapse of the economy, there was a "real world" risk to being funded at less than 100 %, particularly since 80% is considered "healthy ". Town Manager Curran said the risk was minimal. Councilmember Fraser said he understood the Town was limited in its ability to contribute any more to the unfunded CalPERS liability, but asked if it could reduce its unfunded OPEB liability. Director Bigall said that CalPERS was in fact looking at an opportunity to provide public agencies the ability to pay off their unfunded pensions liabilities and side funds, but warned that these might be pretty big numbers. Mayor Fredericks asked about actuarial calculations and variability. Bigall noted that Ca1PERS conducts annual actuarial analyses upon which it sets employer rates. She explained that in the late 1990s, the Town (and other agencies) were "super- funded" (over 100 1/o); but that all changed as a result of the "great recession" in 2008 when the value of PERS assets plummeted. Mayor Fredericks commented that some agencies, such as UC, took a statewide holiday (when it was overfunded). Bigall said the Town elected to put the amount it would have saved by taking the payment holiday into a PERS General Fund Reserve. The Town used the funds in the PERS reserve to soften the blow when the Town was again required to make payments. Councilmember O'Donnell asked some questions about the new state PEPRA law that reduces benefits for new hires. Bigall described this process and how it works. O'Donnell noted that on a "macro level" future numbers for unfunded liabilities were still "scary high ", creating employer liabilities of up to 30% of a person's salary. But Bigall noted that PEPRA will reduce future costs and there are also ways to address escalating liabilities through future contract negotiations. Mayor Fredericks said this might mean employees taking on a portion of the employer rate. O'Donnell noted that PEPRA splits it evenly between employer and employee for new hires. Councilmember Tollini asked whether staff had any recommendations to reduce the unfunded liabilities, such as setting additional monies aside for the compensated leave reserves. Town Manager Curran said that staff has always encouraged setting aside additional reserves for unfunded liabilities. During the ensuing discussion of General Fund Reserves, staff received the direction to boost the reserves for unfunded liabilities. Council also decided to change the way the CalPERS side fund pay -off is depicted in the budget. It currently reflects the same charge to each department as before the pay -off, with those funds going into a specific line in the reserves rather than to CalPERS. Councilmember O'Donnell requested these funds be put into the OPEB reserve instead. Mayor Fredericks said that this mode of accounting for the repayment had been adopted by the Council when it decided to pay off the side fund, but she agreed with Councilmember O'Donnell that the new characterization would in fact demonstrate that it was an accomplishment, rather than suggesting it was a liability. In her discussion of reserves, Bigall reviewed 15 different funds, their purpose and how they were funded. Council asked many questions but provided no specific change of direction to staff other than for the unfunded pension liabilities. A reserve fund of interest was the Parks and Trail Development Fund, and the Open Space Maintenance Reserve. Town Manager Curran said that as a result of Marin County Parks SUMMARY OF TOWN COUNCIL -STAFF RETREAT Page 2 of 9 Town of Tiburon Measure A, $52,000 was anticipated to come to the Town annually for the next nine years. She said that the question of how to use this allocation would be brought forward during the Town's budget hearings to allow interested members of the public to weigh in on the use of these funds. Councilmember Tollini asked about a "bunch grass" fund. Director Anderson said that this was a CEQA mitigation measure from a particular project and could be used to acquire land to replace the loss of bunchgrass but that it was limited to use on the Tiburon Peninsula. Mayor Fredericks asked about Town policy for the use of restricted funds. Director Bigall explained that most `restricted" funds reflect external constraints rather than Town policy, using State Gas Tax funds as an example. Capital Improvement Projects were discussed next. Town Manager Curran clarified that no budget decisions sought at this meeting; rather, she said this was a preview of items that were likely to be presented for funding in the coming year. She listed technology improvements, as software replacement, Council Chambers AN upgrade, and improvements to the Town's website for navigation, functionality and improved resident content. A spreadsheet was also distributed and reviewed depicting proposed capital improvement projects and possible funding sources over the next five years. On the capital side, the Town Manager highlighted an increase in funding drainage improvements and the median improvements project for which fundraising was in process but $235,000 is sought for 2014 -15. She also noted the Pt. Tiburon Marsh major clean-out project was complicated because it had to go through multiple agencies for oversight. On the subject of the marsh (and surrounding area), Councilmembers O'Donnell and Fraser pointed out that the Library expansion project might create an excellent opportunity for complementary Town improvements. Mayor Fredericks said that the Town had looked at acquiring the former Abrams lot at one time. Curran agreed the Library project and potentially relinquishment, which will be under study this year for subsequent consideration, could expand options for Library -area public improvements. Curran touched on other projects on the list: Hacienda trail right -of -way, Rule 20A & B projects in the vicinity of the Lyford Drive Parking Lot, a Downtown Parking Plan (public forum on this at Town Hall on April 10), a new access path to Dairy Knoll, and the need for a new Corporation Yard at some point in the future. She also mentioned the need for repair and expansion of the DG (decomposed granite) path along the Old Rail Trail. The Town Manager called Council's attention to several "maybe" projects including the possible major rehabilitation of McKegney Green, a roundabout at Mar West, Blackie's Pasture overflow lot improvements and flood protection at Beach Road and Tiburon Boulevard. Curran noted that the five -year projection for capital projects assumed that there was a surplus of $500,000 budget plowed back into the Town's reserves each year. Mayor Fredericks said there was much talk in the media about the decline of gas tax revenues and she wondered how this impacted the Town. Director Bigall said that in fact, the Town received a very small percentage of gas tax revenues from the state due to the size of the Town. She said SUMMARY OF TOWN COUNCIL -STAFF RETREAT Page 3 of 9 Town of Tiburon this represented a loss of around $10 — 15,000 over five years. However, Bigall also noted that because the Town had a street impact fee, when combined with gas tax revenues, the Town was able to cover its annual streets rehabilitation costs. Town Manager Curran circled back to the beginning of the project list to discuss audio - visual upgrades and improvements to the Council Chambers. She said the Marin Telecommunications Agency (who provides these types of service to other municipalities) estimated the cost at $50,000. Curran said these improvements might include overhead projection and ability to stream live audio of meetings on the Town's website, which would also have archived audio of past meetings. Councilmember Fraser led a more in -depth discussion of the Town's website. He said that the site was indeed a new paradigm for the Town, one that had great potential to serve tourists as well as residents. However, he said the amount and degree of ongoing support needed to maintain the site had been underestimated, and questions had also been raised about whether the content was really in fact as useful as it should be for both guests and residents. The good news, according to Fraser, is that the Tiburon Tourism Group had been created and had hired a very talented marketing director (Anh Sundstrom) to take on the promotional aspect of the site. Fraser said she was also providing some website support to the Town. Now that these resources were in place, Fraser said it was a good time to make changes to the site going forward. Town Manager Curran said the website really was ground- breaking, but agreed that it was not as user - friendly as it should be and would benefit from more content for residents (such as the ability to download all forms and an expanded ability to conduct business Town business on line) and improved navigability. She described a planned bifurcation of the site into two: a tourist site, to be managed by the Tourism Group and Sundstrom, and a resident site, to be managed by the Town. Each would link to the other. She noted a benefit of this arrangement was that each site would now be unencumbered in accomplishing its mission without trying to also serve another purpose; in particular, the tourist site would be free to be more creative, edgy and marketing - centric than might be appropriate for a Town site. Councilmember Doyle said that as a web designer, he had seen this failure of expectations before. He said that in many cases, the architecture of a website is good but the ability to support content falls short. Or, he said in some cases, the reverse is also true. Doyle said that Word Press (the Town's platform) is good, but he asked who would maintain the Town's website, and how content be managed going forward. He said these were important questions to answer. Mayor Fredericks said that the business of the Town was government; however, she said our other business is "community". In that regard, she suggested that the website provide links to local non - profits, homeowner's associations and the like, as well as commercial interests. Fredericks said that improvements were needed to make the site more easily searchable, to provide more archival information, as well as link to the regional agencies on which Council members serve. Councihnember Tollini asked whether there was a way to provide a "Contact Us" function for general questions from the public who do not know where to direct their inquiry, rather than have SUMMARY OF TOWN COUNCIL -STAFF RETREAT Page 4 of 9 Town of Tiburon them directed to individual Council members. Mayor Fredericks said that when she receives a question that needs to be directed to staff for follow -up, she simply forwards the email to staff. Councilmember Fraser said he thought it was a good idea for the Council to be accessible through the website. But it was also noted that a general contact link was common to many websites. The Town Manager said staff planned to aggressively tackle these website issues in the coming year. Council had some questions about the McKegney Green policy. Director Anderson said that the goal was to create a more standardized, more recognizable policy similar to those already in use around the County. Councilmember Fraser asked that the Beach Road/Tiburon Boulevard roundabout, something envisioned in the Nelson/Nygaard study of downtown circulation issues, be added to the list of "maybe" projects. There were questions about the replacement of irrigation lines in the vicinity of the Beach Road Tennis Courts. Superintendent Brewer said the tree roots had caused the needed replacement. Councilmember O'Donnell asked if something could be done to eliminate or at least ameliorate the sight of the porta -pottie at Teather Park by the tennis courts. Councilmember Tollini said she had seen lattice screens used successfully for this purpose. O'Donnell wondered whether it should be removed altogether. Town Manager Curran said that the porta -pottie had been placed there at the request of Joint Recreation for use by the tennis players. Mayor Fredericks said the community had requested a facility there for many years. Curran noted that Mill Valley Refuse Service provides the porta- pottie and its maintenance free of charge to the Town. Rather than remove it precipitously, Councilmember Fraser suggested moving it to the adjacent Town parking lot, or perhaps looking into an "up market' ' design. Council also discussed the occasional flooding in the downtown area (primarily in the vicinity of Beach Road and Tiburon Boulevard). Mayor Fredericks asked what the long -term vision for downtown was in light of the most recent FEMA maps. She suggested that the Town do outreach and "stay in the loop" for regional planning solutions to address the issue of Bay rise. Councilmember O'Donnell asked whether improvements could be made, or required by the Town, when the Sharks Deli property was developed. Director Anderson said that the property owners would have to comply with flood regulations, but that the flood issue was greater than the solution for that property alone. Shortly before the lunch break, the Town Manager began a review of the lengthy list of work objectives. Curran said the list was prepared to both inform the Council and solicit its feedback on priorities. Thoughtful questions and suggestions put forth, like what about developing the medians if the Town was facing a drought, and whether some empty wall space in the downtown area could be used to create a map of businesses and directions for tourists. SUMMARY OF TOWN COUNCIL -STAFF RETREAT Page 5 of 9 Town of Tiburon Councilmember O'Donnell asked why there was still parking on the Tiburon Boulevard shoulder in various areas now that the Town had completed the Lyford parking lot. Chief Cronin described how the parking is exceeded nearly every day by Reed School parents. Other users, such as oversize vehicles and trucks, also need temporary parking for construction projects in Town. He said these vehicles could be moved into the neighborhoods but that often created more problems in those locations. He said that the parking areas were primarily on Caltrans right -of- way, but said that the Council might direct staff to find a way to limit it to two hours, for instance, or ban overnight parking to reduce the problem. Councilmember Fraser agreed that this parking was an eyesore, but that it needs more thought before any action was taken. Councilmember O'Donnell said this might be a topic to discuss at the Parking Committee. Mayor Fredericks supported this suggestion, but noted that people, such as the workers at the Child Care Center, may also need parking in this location. After lunch, the Council began the discussion of "topics of interest ". 1) Requirement for solar devices on new construction. Councilmember O'Donnell said that he thought this was a way to advance green energy while saving homeowners money. He said he was surprised to learn how much the costs had come down. Planning Manager Watrous said he was aware of two cities that had adopted ordinances requiring solar or new homes, remodels, or commercial expansion projects. There was some discussion of incentivizing homeowners rather than making it a requirement. Councilmember Doyle said that the new building codes would require zero energy use by 2030. He wondered whether the Town might encourage solar by giving some sort of discount on the valuation of a project. Mayor Fredericks said that having solar was a great benefit. But Councilmember Tollini said that some homeowners, like she and her husband, had taken a different approach and had rebuilt their home in a highly energy efficient method that reduced their utilities to almost nothing. She expressed concem about overregulation and said an incentive might be preferable to requiring solar panels. Councilmember Fraser suggested soliciting more input from the community on this topic, through Tiburon Talk, and other means. Council directed staff to flesh out some options for incentivizing solar installations and bring them back for Council's consideration. 2) Grey water capture. Mayor Fredericks said that she had asked this item to be placed on the agenda. Building Official Lustenberger described two new California Building Code Sections that were adopted in 2013 that allowed for grey water capture. Lustenberger said that the Marin County Building Officials were discussing how to allow for grey water systems in coordination and consultation with Marin County Environmental Health (the regulating body). Mayor Fredericks asked if the County was ready to take this on. Lustenberger said they had indicated a willingness to take the leadership role but he suggested that the Town prepare its own bulletin for homeowners and review it with the County first. Mayor Fredericks agreed that this was a good approach, and that it was not wise to get ahead of the agency that will ultimately have to regulate these systems. SUMMARY OF TOWN COUNCIL -STAFF RETREAT Page 6 of 9 Town of Tiburon 3) EV Stations. Building Official Lustenberger said it was an area of growing interest and that the California Electrical Code and Energy Code both addressed it. He said they should be placed where they are accessible (ADA) and had certain grade requirements. Planning Manager Watrous said that there potential funding sources, namely ABAG and Transportation Authority of Marin (TAM). Director Anderson noted on a map of downtown that there were three spaces on Beach Road that had been identified as potential street charging locations as part of the emerging downtown parking plan. Other possible public locations are the Lyford Drive parking lot, the new Library parking lot, the lot at Teather Park, the Town's lot across from the Caprice Restaurant and at Blackie's Pasture. He said more might be installed in private parking lots. Anderson said that other cities regulated their EV stations by time (e.g. two -hour limits) but he did not have information on rates. Mayor Fredericks noted that while grant money might be available to install EV stations, bringing utilities to these locations would have to be funded another way. Town Manager Curran said that the Parking Committee would consider these issues, and that the Town staff was moving forward to find locations and funding sources. 4) Plastic Bag Ban. Planning Manager Watrous identified the Marin cities that had not yet adopted a single -use bag ordinance as Tiburon, San Ansehno, Ross, Larkspur, Corte Madera and Belvedere. He said that San Rafael had banned plastic bags at public events and were looking to perhaps expand their legislation, and Novato banned plastic bags for large businesses only and included a 10 cent bag charge. He said this might be a model for the Town to consider. Mayor Fredericks said that there was legislation working its way through the state legislature and she thought it might be problematic to adopt something ahead of the state -wide ban. Councihnember Tollini asked whether the model ordinance being proposed in Marin had kept up with the research on plastic v. paper, etc. Town Manager Curran said this was the point of the EIR, to determine the impacts, and she said the EIR had concluded that it was environmentally sound to ban plastic bags. Town Attorney Danforth said she had read the arguments for paper vs. plastic vs. reusable, and said it was clear that reusable bags win the day. Councihnember O'Donnell noted the detrimental effect of plastic waste in our waterways is well known. He said that he was not keen on charging for paper bags, however, and suggested that decision be left to the business owners. Town Manager Curran said the EIR analyzed imposing a charge to steer users towards reusable bags; she was unable to say whether a charge for paper was a critical element of the EIR's conclusions. Planning Manager Watrous said that the local ordinances do allow local stores to keep the fees collected. Council directed staff to proceed with drafting an ordinance and report back with information on whether an ordinance must include a charge for paper bags to rely upon the EIR's findings. 5) Medical Marijuana Dispensary Ban. Town Attorney Danforth said that because of recent changes in the law, now would be the time to take action to ban dispensaries, if the Council chose SUMMARY of TOWN COUNCIL -STAFF RETREAT Page 7 of 9 Town of Tiburon to do so. She said reasons for a ban might be that dispensaries are inconsistent with Tiburon's small -town, residential character. She said that many cities have bans in place which allows them to deny a permit. Danforth discussed the fact that the cultivation and purchase of marijuana could still take place for compassionate use, but patients would need to obtain their product elsewhere. Council directed staff to bring back an ordinance banning dispensaries for its consideration. 6) Communication — expanding the reach of Tiburon Talk and other ideas. Councilmember Fraser noted the comments of a citizen at a recent hearing caused him to ask himself how we could improve communication. Town Manager Curran said that shortly after Tib Talk was launched, a letter was sent to every household in Tiburon inviting people to sign up; the mailing resulted in a doubling of subscriptions. Councilmember Doyle suggested running an ad in the Ark to expand the subscriber base. Mayor Fredericks said that links in Tib Talk to regional agencies might be useful. She noted that her homeowner's group is very proactive about tracking issues and publicizing hearings, so she said she would encourage other HOAs to look for links and visit the appropriate websites for information. Councilmember Tollini said there were additional avenues through social media, such as Next Door and Facebook, as well. Councilmember Fraser said that anything the Town could do to reach out farther, perhaps even to the Strawberry area or Paradise Cay [both outside Town limits], would be helpful. Mayor Fredericks said she thought this might raise expectations that the Town government could deliver for these residents, which it cannot. Councilmember Fraser said that he viewed it as all one community, with broad shared interests, not just government. 7) Drones. Mayor Fredericks described a recent incident involving her family and a man at Shoreline Park who was flying a drone. She described it as very loud and possibly dangerous to passersby. Town Attorney Danforth said she had researched this subject and that the FAA maintains it is the sole regulatory authority for Unmanned Aircraft Systems (UAS); however, she said an appellate court is now considering whether the FAA had jurisdiction over the recreational use of UAS below 400 feet. She noted that the use of drones raises privacy, safety and noise concerns. Chief Cronin said that if the police were called out to Blackie's Pasture, for instance, because someone was concerned about their safety as a result of someone flying a drone, the officers could tell them to cease and desist. Councilmember Fraser said that he had employed professional photography companies that use drones for his real estate practice many times. He said that they notified the neighbors prior to doing their work. He said they had not had any complaints or problems. The Council decided to put this issue on a long -term list and to keep an eye on whether there were complaints or issues about the use of UAS that might warrant their regulation in the future. 8. Town Council Reports on Regional Agencies. Councilmember Fraser reported on the travails of MTA in sorting out the funding question for the Community Media Center of Marin and what the next steps might be. He noted that Larkspur had submitted a letter giving notice of SUMMARY OF TOWN COUNCIL -STAFF RETREAT Page 8 of 9 Town of Tiburon possible withdrawal from MTA a year hence. Councilmember O'Donnell reported on the success of Marin Clean Energy and said that users now paid rates that were lower than PG &E. Vice Mayor Doyle said that CDBG had less money and none of it was earmarked for Tiburon; he also reported on his work on the MCCMC Homeless Committee that was looking for permanent shelters in each community. Councilmember Tollini reported on the undertaking of RBRA to remove undocumented and unregistered vessels from the Bay. Mayor Fredericks reported on TAM grants and programs for the benefit of the Town (such as the 219 shuttle), as well as projects before the GGBHTD and MCCMC Legislative Committee. 9. Closing Comments In closing, Mayor Fredericks thanked the staff for its work in making the Town successful, and personally thanked many staff members for their consistent delivery of services. She also thanked her colleagues on the Council for leaving no issue unexamined on behalf of the Town. The meeting adjourned at 4:20 p.m. ALICE FREDERICKS, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK SUMMARY OF TOWN COUNCIL -STAFF RETREAT Page 9 of 9 To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Department of Public Works Town Council Meeting May 7, 2014 Agenda Item: ®� o Subject: Recommendation to approve bid award for the 2013 -2014 Annual Street Rehabilitation Project Reviewed By: d I-1-Y.Tai K" tZ1111U 17 Town Council previously authorized staff to bid the Annual Street Rehabilitation Project with a scheduled Bid Opening of April 15, 2014. The Engineer's Estimate was $545,000 for this 40 Working Day project. The Town received the following five bids: Ghilotti Bros. $665,666.00 J. A. Gonsalves & Son $585,143.00 Ghilotti Construction $535,416.00 MCK Services $521,464.14 Maggiora & Ghilotti $484,484.00 The Town Attorney and Public Works have reviewed the Maggiora & Ghilotti bid and determined that all bid requirements have been met. Therefore, it is recommended that the Town Council award the bid to Maggiora & Ghilotti, Inc. in the amount of $484,484.00 and set out a project budget of $557,156.60 inclusive of 15% contingency funding. ANALYSIS Maggiora & Ghilotti will need to submit the appropriate insurance and bonding; execute the Town - Contractor Improvements Agreement; and commence work within 15 calendar days of issuance of Notice to Proceed. The project includes the specific streets listed below and their respective surface treatment. All streets receive the maintenance activities of dig -out repairs and crack sealing as needed. STREET LIMITS SURFACE TREATMENT Avendia Miraflores 145 AM to end 2" AC overlay to Francisco V. then 3" Grind/3" AC Francisco Vista entire street Slurry Seal Miraflores Lane entire street 3" Grind/3" AC Hilary Drive from 655 to 680 3" Grind/3" AC TOWN OF TiBURON PAGE 1 OF 2 Town Council Meeting May 7, 2014 Theresa Court entire street Slurry Seal Mara Vista Court entire street Slurry seal Neds Way, entire street Slurry Seal first 200 feet then 2" AC overlay to end Centro West 1893 frontage Potential slip plane repair - Grind, Pave Mat, 5" AC FINANCIAL IMPACT The Annual Street Rehabilitation Project is funded through the Capital Improvement budget of $650,000 coming from a combination of the Street Impact Fund and Measure A (transportation) funds. RECOMMENDATION Staff recommends that the Town Council: 1. Approve Resolution awarding the bid of Maggiora & Ghilotti in the amount of $484,484.00 for the 2013 -14 Annual Street Rehabilitation Project Prepared By: Al Petrie, Interim Director of Public Works/Town Engineer TOWN OF TIBURON Pane 2 of 2 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: Mayor and Members of the Town Council From: Department of Public Works Town Council Meeting May 7, 2014 Agenda Item: Subject: Recommendation to Accept the 2013 Storm Drain Cleaning Project and Authorize the Filing of the Notice of Completion for the work. Reviewed By: 60Z BACKGROUND On October 6, 2013, the Public Works Department sent out Notice Inviting Bids to several firms for the cleaning of a portion of the Town's storm drain system. One bid was received on September 26th from Roto Rooter in the amount of $76,730.50. Staff found the bid to be responsive to the Town's needs. The contract was awarded by Council on November 6, 2013. Work consisted of flushing and cleaning out the lines and video recording twenty five (25) storm drain lines throughout Town to remove debris and inspect the lines to determine future repair needs. This work included the annual cleaning of the 48" downtown storm drain line that runs under the Coming About Fountain. The work was substantially completed on April 18, 2014. No change orders were issued for the project and all work was completed on time and within budget. RECOMMENDATION Staff recommends that Town Council: Move to adopt a resolution accepting this project as complete and authorizing the Director of Public Works / Town Engineer to execute the Notice of Completion on behalf of the Town Council. Exhibits: Resolution Accepting The 2014 Storm Drain Cleaning Project, And Authorizing The Filing Of The Notice Of Completion For The Work. Prepared By: Matthew S. Swalberg, Engineering Technician RESOLUTION NO. -2014 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ACCEPTING THE 2013 STORM DRAIN CLEANING PROJECT, AND AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION FOR THE WORK WHEREAS, The Town Council budgeted funds in Fiscal Year 2013 -14 to complete the project; WHEREAS, Roto Rooter, Inc. was awarded the contract on October 6, 2013 to perform the work; WHEREAS, The construction of the project was substantially completed under budget on April 18, 2014; and WHEREAS, The final construction cost, including payment of total quantities installed is $76,730.50. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon as follows: Section 1. The Town Council does hereby accept the completion of the 2013 Storm Drain Cleaning Project as complete by Roto Rooter, Inc. Section 2. The Town Council authorizes the Director of Public Works / Town Engineer to execute the Notice of Completion and the Town Clerk to record the Notice of Completion. PASSED AND ADOPTED at a regular meeting of the Town Council on the 7th day of May, 2014, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK 1/1 Recording Requested By: Town of Tiburon, Marin County, CA When recorded mail to: Town of Tiburon Diane Crane Iacopi, Town Clerk 1505 Tiburon Blvd Tiburon, CA 94920 SPACE ABOVE THIS LINE FOR RECORDER'S USE Town of Tiburon NOTICE OF COMPLETION TO ALL PERSONS WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN for and on behalf of the Town of Tiburon, County of Marin, State of California, that there has been a cessation of labor upon the work or improvement and that said work or improvement was completed upon the 18th day of April 2014 and accepted the 7th day of May 2014; that the name, address and nature of the title of the party giving this notice is as follows: The Town of Tiburon, a municipal corporation, in the County of Marin, State of California, within the boundaries of which said work or improvement was made upon land owned by said Town and/or over which said Town has an easement; that said work or improvement is described as follows: 2014 Storm Drain Cleaning Maintenance Project and reference is hereby made for a further description thereof to the contract approved for said work or improvements now on file in the office of the Town Clerk of said Town, and said contract is hereby incorporated herein by reference thereto; and that the name of the Contractor who contracted to perform said work and make such improvement is Roto Rooter Inc. I declare under penalty of perjury that the foregoing is true and correct. Executed at Tiburon, California, on TOWN OF TIBURON A Municipal Corporation M 2014. Al Petrie, P.E. Interim Director of Public Works / Town Engineer 1/2 STATE OF CALIFORNIA COUNTY OF MARIN On this day of 20. before me, DIANE CRANE IACOPI, Town Clerk of the Town of Tiburon, County of Marin, State of California, residing therein, personally appeared Nicholas T. Nguyen, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s) whose name (s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity (ies), and that by his/her /their signature (s) on the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the instrument. WITNESS my hand and official seal. Signature DIANE CRANE IACOPI, Town Clerk 2/2 To: From: Subject: Reviewed By: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 BACKGROUND Mayor and Members of the Town Council Department of Public Works Town Council Meeting May 7, 2014 Agenda Item: C—c r Recommendation To Accept The 2013 Storm Drain Repair Project, And Authorize The Filing Of The Notice Of Completion For The Work 0/A On February 15, 2014, the Council authorized staff to advertise and seek bids for the construction of the annual storm drain repair project. The project was posted and advertised as required by the State of California's Public Contract Code. hi addition to the required advertising notice, the Town sent notices inviting bids to corstruction trade publication plan rooms and bids were opened on November 5, 2013. The contract was awarded to Maggiora & Ghilotti, Inc. on February 5, 2014 in the amount of $79,164.92, plus 15 percent for contingency. Work consisted of storm drain line replacement, rehabilitation and slip lining. All work was completed according to the work schedule and was substantially completed on April 14, 2014. The work included 3 change orders for unforeseen items. Based on the work performed, material installed, and total change orders, the final construction project cost is $90,360.11, delivering the storm drain repair project under the awarded budget. Sufficient funds have been programmed in the FY 2013 -14 year budget to cover the project. RECOMMENDATION Staff recommends that the Town Council: Move to adopt a resolution accepting the project as complete and authorizing the Director of Public Works / Town Engineer to execute the Notice of Completion on behalf of the Town Council. Exhibits: Resolution Accepting the 2013 Storm Drain Repair Project And Authorizing The Director of Public Works /Town Engineer to file the Notice Of Completion. Prepared By: Matthew S. Swalberg, Engineering Technician RESOLUTION NO. -2014 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ACCEPTING THE 2013 STORM DRAIN REPAIR PROJECT, AND AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION FOR THE WORK WHEREAS, The Town Council budgeted funds in Fiscal Year 2013 -14 to complete the project; WHEREAS, Maggiora & Ghilotti, Inc. was awarded the contract on February 5, 2014 to perform the work; WHEREAS, The construction of the project was substantially completed under budget on April 14, 2014; and WHEREAS, The final construction cost, including payment of total quantities installed is $90,369.11. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon as follows: Section 1. The Town Council does hereby accept the construction of the 2013 Storm Drain Repair Project as complete by Maggiora & Ghilotti, Inc. Section 2. The Town Council authorizes the Director of Public Works / Town Engineer to execute the Notice of Completion and the Town Clerk to record the Notice of Completion. PASSED AND ADOPTED at a regular meeting of the Town Council on the 7th day of May, 2014, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ALICE FREDERICKS, MAYOR TOWN OF TIBURON /:rW1* 16 DIANE CRANE IACOPI, TOWN CLERK 1/1 When recorded mail to: Town of Tiburon Diane Crane Iacopi, Town Clerk 1505 Tiburon Blvd Tiburon, CA 94920 SPACE ABOVE THIS LINE FOR RECORDER'S USE Town of Tiburon NOTICE OF COMPLETION OF IMPROVEMENT TO ALL PERSONS WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN for and on behalf of the Town of Tiburon, County of Marin, State of California, that there has been a cessation of labor upon the work or improvement and that said work or improvement was completed upon the 14th day of April, 2014 and accepted the 7th day of May; that the name, address and nature of the title of the party giving this notice is as follows: The Town of Tiburon, a municipal corporation, in the County of Marin, State of California, within the boundaries of which said work or improvement was made upon land owned by said Town and/or over which said Town has an easement; that said work or improvement is described as follows: 2013 Storm Drain Repair Project and reference is hereby made for a further description thereof to the contract approved for said work or improvements now on file in the office of the Town Clerk of said Town, and said contract is hereby incorporated herein by reference thereto; and that the name of the Contractor who contracted to perform said work and make such improvement is Maggiora & Ghilotti I declare under penalty of perjury that the foregoing is true and correct. Executed at Tiburon, California, on TOWN OF TIBURON By: A Municipal Corporation 2014. Al Petrie, P.E. t Interim Director of Public Works / Town Engineer 112 STATE OF CALIFORNIA COUNTY OF MARIN On this day of , 20_, before me, DIANE CRANE IACOPI, Notary Public, personally appeared Nicholas T. Nguyen, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s) whose name (s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity (ies), and that by his/her /their signature (s) on the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the instrument. WITNESS my hand and official seal. Signature DIANE CRANE IACOPI KPA To: From: Subject: Reviewed By: TowN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 BACKGROUND Mayor and Members of Town Council Community Development Department Town Council Meeting May 7, 2014 Agenda Item: .. Adoption of Amendments to the 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 & 1600 Tiburon Boulevard and 2 Beach Road, and Related Mapping and Text Amendments; Assessor Parcel Nos. 058 - 171 -97, 059 - 101 -01 & 058- 171 -86; MCA 2014 -01 11 �11 The Town Council held first reading of this ordinance following a public hearing at its meeting on April 16, 2014, and waived additional readings. The ordinance now comes to the Town Council for consideration of adoption. PROCEDURE This is a consent calendar item. The Council's motion to adopt this item on the consent calendar will constitute a motion to confirm the waiver of second reading from the previous meeting and adopt the ordinance. Each Councilmember's vote on the motion to approve this item on the consent calendar will constitute the equivalent of a roll call vote and will be recorded within the ordinance. Should any Councilmember choose to vote differently on this item than other items on the consent calendar, then the vote on this item should be taken separately from other items appearing on the Consent Calendar such that individual votes may be properly recorded. Should the Council wish to discuss the item, it must be removed from the Consent Calendar and voted upon separately. RECOMMENDATION Staff recommends that the Town Council approve the adoption of Ordinance No. 549 N. S., a draft of which is attached as Exhibit 1, as part of the Consent Calendar. EXHIBIT 1. Draft Ordinance No. 549 N. S. Prepared by: Scott Anderson, Director of Community Development TOWN OF TIBURON PAGE 1 OF 1 ORDINANCE NO. 549 N. S. (2nd reading draft) AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING MUNICIPAL CODE TITLE IV, CHAPTER 16 (ZONING) BYAMENDING THE TIBURON ZONING MAP AND MAKING TEXT AMENDMENTS SECTION 1. FINDINGS. A. On March 26, 2014, the Planning Commission adopted Resolution No. 2014 -03 recommending to the Town Council that amendments be made to the Tiburon Zoning Map and text amendments be made to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code. B. The Town Council held a duly noticed public hearing on April 16, 2014 and has heard and considered all public testimony on the proposed Ordinance. C. The Town Council finds that all notices and procedures required by law attendant to the adoption of this Ordinance have been followed. D. The Town Council finds that the amendment actions made by this Ordinance are necessary for the protection of the public health, safety, and welfare. E. The Town Council has found that the amendments made by this Ordinance are consistent with the goals and polices of the Tiburon General Plan and other adopted ordinances and regulations of the Town of Tiburon, and further the intent and purposes of General Plan goals and policies. F. The Town Council finds that an initial study of environmental impact was prepared and a draft mitigated negative declaration released for public comment on March 5, 2014 for this project. The Town Council has previously adopted a Negative Declaration for this project on April 16, 2014. SECTION 2. ADOPTION OF AMENDMENTS TO MUNICIPAL CODE. A. The Tiburon Zoning Map shall be amended to change the zoning designation of the property at 1599 Tiburon Boulevard from NC /AHO (Neighborhood Commercial/ Affordable Housing Overlay) to NC (Neighborhood Commercial) and to change the zoning designation of the properties at 1600 Tiburon Boulevard and 2 Beach Road from NC (Neighborhood Commercial) to NC /AHO (Neighborhood Commercial/Affordable Housing Overlay). Tiburon Town Council Ordinance No. (Draft). Effective - -A -12014 1 EXHIBIT NO Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code shall be amended as follows: B. Section 16- 23.030 (D[a]) shall be amended to read as follows: D. Qualification. In order to qualify for the benefits of these overlay zones, a residential development project shall comply with all of the following: a. Include a minimum of five percent very low- income, ten percent low- income, and ten percent moderate- income housing units, as defined in Section 16- 70.030 (General Inclusionary Requirements). Moderate - income rental units shall be counted only if they are below ninety percent of the median income. On smaller sites that would yield ten or fewer total units at the minimum allowable density, the affordable component shall be reduced from twenty - five to twenty percent of total units. At least fifty percent of the required affordable units shall be low income or very low income. SECTION 3. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The Town Council of the Town of Tiburon hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. SECTION 4. PUBLICATION AND EFFECTIVE DATE This ordinance shall be in full force and effect thirty (3 0) days after the date of adoption. Pursuant to the provisions of the California Government Code, a summary of this ordinance shall be prepared by the Town Attorney. At least five (5) days prior to the Town Council meeting at which adoption of the ordinance is scheduled, the Town Clerk shall (1) publish the summary in a newspaper of general circulation in the Town of Tiburon, and (2) post in the office of the Town Clerk a certified copy of this ordinance. Within fifteen (15) days after the adoption of this ordinance, the Town Clerk shall (1) publish the summary in a newspaper of general circulation in the Town of Tiburon, and (2) post in the office of the Town Clerk a certified copy of the ordinance along with the names of those Council members voting for and against the ordinance. This ordinance was read and introduced at a regular meeting of the Town Council of the Town of Tiburon, held on the 16'' day of April, 2014, and was adopted at a regular meeting of the Town Council of the Town of Tiburon, held on the _ day of May, 2014, by the following vote: Tiburon Town Council Ordinance No. (Draft). Effective 4--12014 AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ALICE FREDERICKS, MAYOR TOWN OF TIBURON wamllp DIANE CRANE IACOPI, TOWN CLERK Tiburon Town Council Ordinance No. (Draft). Effective - -1- 12014 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 May 7, 2014 Agenda Item: /scow � Request by the Reed Heights - Tiburon Knolls Neighborhood to Waive Fees Associated with Removal of Eucalyptus Trees on Town Property l <' On April 30, 2014, the Town's Parks, Open Space and Trails Commission (POST) unanimously approved an application by the Reed Heights - Tiburon Knolls neighborhood to remove a tall stand of eucalyptus trees located on Town property near Stewart Drive. This effort is described in the attached email from Lee Darby, a resident of that neighborhood. The neighborhood has asked that the Town waive the fees associated with the process and encroachment permit necessary for this work. Under the Town's municipal code, the Town Council may waive fees when it deems doing so appropriate. ANALYSIS The approved project is entirely on Town property. POST agreed with the applicants that the Town would benefit from the removal of the undesirable eucalyptus trees. The trees would be replaced with a shorter, more appropriate planting, to maintain an effective screen of the sewer treatment plant from Tiburon Boulevard. Because the project is on Town land and is of broad benefit, not simply that of one or a few private lot owners, staff recommends waiving the fees in question. FINANCIAL IMPACT Fees for the project total $930. The $610 permit fee was already paid and would be refunded upon waiver. The encroachment permit fee of $320 has not been paid and would be waived. RECOMMENDATION Staff recommends that the Town Council: Move to waive fees associated with the removal of the specified eucalyptus tree and related activities located on Town property. Exhibits: Email from Lee Darby, May 2, 2014 Prepared by: Peggy Curran, Town Manager TOWN OF TIBURON PAGE 1 OF 1 Peggy Curran From: Lee Darby <Ieevdarby @gmail.com> Sent: Friday, May 02, 201412:03 PM To: Peggy Curran Subject: Tree project on town property Dear Peggy: Our neighborhood, Reed Heights - Tiburon Knolls, is situated between Blackie's Pasture and McKegney Green, via one access road, Stewart Drive. At the very foot of Stewart Drive and across Tiburon Blvd, on town property is a stand of overgrown eucalyptus trees that were presumably originally planted to screen the Richardson Bay Sanitary District from view from the Old Rail Trail. These trees (labeled "undesirable" by the town) are now 80 to 100 feet tall, are a constant source of litter for the sanitary facility to clean up, and their shallow- rooted and branch breakage habits present a hazard to all walkers/bikers on the Old Rail Trail and as such present a liability to the town. Two more giant eucalyptus located very close to Tiburon Blvd on the upslope are also included, as they present a hazard if they ever fell into the trail or the roadway. CalTrans came out and surveyed and determined that those two are in the town's property as well as the larger group downslope. We have an estimate of $8000 to remove these eucalyptus. The Parks, Open Space and Trails commission unanimously approved their removal at their meeting Wednesday night. We have proposed replanting with native plants so that the sewer facility is still screened from view and are working with local plant experts who have suggested rhamnus, elaeagnus and ceanothus (plus California poppies.) In addition to the $8000 for removal is this replanting cost, estimated at $3500. The sanitary board has generously offered to fund a portion of the replanting and to provide water to the plants as they get established. Our property owners' association has also contributed. The rest of the costs for removal and replacement will have to be borne by neighbors from Reed Heights - Tiburon Knolls and some community members, a fundraising effort that is proceeding now. We were required to pay a permit fee of $610 to the town and will be required to further pay an encroachment fee of $320, for this work which is being done on town property and benefits the entire town. Actually, the benefit goes further than that when you realize that the Old Rail Trail is part of a 500 -mile recreation corridor called San Francisco Bay Trail that will link all Bay Area counties when completed. We would be grateful if the town could waive these fees to help us out, so we can improve town property, make it safer and more beautiful for everyone. Thank you.