HomeMy WebLinkAboutTC Minutes 2014-04-16TOWN 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 slidesbow and
L Boardmember Larry Russell provided commentary. They said that the recent rainfall had helped
Marin County avert a drought; one weekend storm alone had deposited 20 inches which had
Town Council Minutes #05 -2014 April 16, 2014 Page I
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 storm 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
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
Town Council Minutes #05 -2014 April 16, 2014 Page 2
ACTION ITEMS
Special Event Permit Application — Consideration of a Special Event Permit application
submitted by Landmarks Society to stage an event at Shoreline Park (Town Clerk Crane
Iacopi) — continued without hearing from 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 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. 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.
Town Council Minutes 905 -2014 April 16, 2014 Page 3
Jemmies 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 Mann 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 Ir' 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,
I and the like. He said the 25 member agencies of MERA will and have had many public
l 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.
Councilmember 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
L 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.
Town Council Minutes 905 -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.
Councilmember 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.
Councihnember 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
Town Council Minutes #05 -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.
_I
Town Council Minutes #05 -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
Town Council Minutes #05 -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
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.
L
Town Council Minutes #05 -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.
Tones Council Minutes 405 -2014 April 16, 2014 Page 9
WEEKLY DIGESTS
f• 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
Town Council Minutes 905 -2014 April 16, 2014 Page 10