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HomeMy WebLinkAboutTC Agd Pkt 2014-09-17TOWN OF TIBURON Tiburon Town Hall Tiburon Town Council 1505 Tiburon Boulevard September 17, 2014 Tiburon, CA 94920 Regular Meeting - 730 p.m. AGENDA TIBURON TOWN COUNCIL CALL TO ORDER AND ROLL CALL Councilmember Fraser, Councilmember O'Donnell, Councilmember Tollini, Vice Mayor Doyle, Mayor Fredericks CLOSED SESSION ANNOUNCEMENT, IF ANY ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. • Proposal for Art by the Bay in conjunction with Chamber of Commerce "Art Walk" (Isabelle Drever and Mason Bondi) 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 August 20, 2014 regular meeting (Town Clerk Crane Iacopi) 2. Town Council Minutes —Adopt Minutes of September 3, 2014 regular meeting (Town Clerk Crane Iacopi) 3. Smoking Ordinance - Adopt Ordinance Amending Tide VI, Chapter 28 (Smoking and Tobacco Regulations) of the Tiburon Municipal Code for the Purpose of Adding the Use of Electronic Smoking Devices (E- Cigarettes) to the Definition of Smoking - Second reading and adoption of ordinance (Community Development Department and Town Attorney) 4. Art by the Bay -Approve Art by the Bay installation on public property from September 26 to November 26, 2014 in conjunction with the Tiburon Peninsula Chamber of Commerce Art Walk (Town Manager Curran) 5. Permit Tracking System Replacement - Award contract and authorize the Town Manager to enter into a service agreement (Director of Community Development Anderson) ACTION ITEMS PUBLIC HEARINGS TOWN COUNCIL REPORTS TOWN MANAGER'S REPORT WEEKLY DIGESTS • Town Council Weekly Digests September 5 and September 12, 2014 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. faillorw K17i�CeT.9 Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. TOWN COUNCIL MINUTES CALL TO ORDER CC -/ Mayor Frederi called the re meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesda , August 20, 2014, ' Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell, Tollini PRESENT: EX OFFICIO: Town Manager Curran, Town Attorney Danforth, Director of Community Development Anderson, Director of Public Works /Town Engineer Barnes, Planning Consultant O'Rourke, Minute Clerk Terry Hennessy ORAL COMMUNICATIONS Sara Klein, Reed School parent, thanked the Council for the Yellow Bus Challenge and suggested that it failed due to its timing, short notice, summer vacations and the contingency provisions. She also suggested different bus routes and questioned impact of the school district's new drop off and pick up times, which are all scheduled for 2:30 pm. She requested that the Town add additional buses and subsidize the costs of the program from Town reserves. CONSENT CALENDAR Councilmember Tollini requested Item 4 be removed for discussion. 1. Town Council Minutes - Adopt Minutes of June 18, 2014 2. Town Council Minutes - Adopt Minutes of July 2, 2014 3. Town Council Minutes - Adopt Minutes of July 16, 2014 5. Notice of Completion - Recommendation to Approve Resolution Accepting the 2014 Pavement Management Improvements and Authorize Filing of Notice of Completion (Public Works Director Barnes) 6. Town Investment Summary - Accept Report for period ending June 30, 2014 and July 31, 2014 (Director of Administrative Services Bigall) 7. Belvedere FEMA Appeal - Approve Letter of Support for Appeal to be Filed by the City of Belvedere of the Federal Emergency Management Agency's Preliminary Flood Insurance rate Study and Maps Related to the Coastal Flood Study dated 2014 (Community Development Director Anderson) Town Council Minutes #sr -2014 August 20, 2014 DRAFT Page I MOTION: Moved: Vote: To adopt Consent Calendar Items 1, 2, 3, 5, 6 & 7. O'Donnell, seconded by Fraser AYES: Unanimous (Tollini abstained on Item 2) 4. Single Use Carryout Sag Regulations - Consider adoption of ordinance adding Chapter 1 O to Title III of the Tiburon Municipal Code for the purpose of regulating carryout bags in certain types of establishments - Adoption of Ordinance (Community Development Director Anderson) Councilmember Tollini questioned whether parts of Section I OA.060(B) should still be included in the ordinance given the Council's direction at the prior meeting. Town Attorney Danforth agreed there was a clerical error that would need to be corrected prior to adoption. The item was continued to the next meeting for staff to return with corrected text. PUBLIC HEARINGS Housing Element - Consider Adoption of an Updated Housing Element of the General Plan and Adoption of a Negative Declaration - (Community Development Department) Director of Community Development Anderson presented the Staff Report, which provided a chronological list of previous actions taken by the Town to adhere to State mandated housing element update, with this cycle spanning the years 2015 -2023. The purpose of tonight's meeting is for the Town Council to hold a public hearing on the Draft Housing Element, and if acceptable, adopt it along with a Negative Declaration of environmental impact. He stated the Draft Housing Element is little changed from the Preliminary Housing Element reviewed by the Council in April. The staff report focused on revisions made to the Draft Element in response to HCD comments received in June, which included text revisions and the addition of a few new programs that appear to be of a minor nature. Anderson stated that the issue of "Junior Second Units" was added as a program and has been discussed at the County Planning Directors meeting. Most communities in Marin County will be considering a similar program. Staff has no major issues with changes as proposed by HCD. The Planning Commission held a public hearing and recommended approval of the Element to the Town Council. Anderson recommended that the Town Council hold a public hearing and take testimony from interested persons, discuss and make comments on the document, and adopt the Resolution approving the Negative Declaration and the updated Housing Element. In response to Councilmember O'Donnell, Anderson noted the State recognizes housing is a matter of statewide concern and in 1980 required that housing elements be reviewed and certified by a state agency. Town Council Minutes # August 20, 2014 DRAFT Page 2 The Mayor opened the public hearing. There being no comments, the Mayor closed the public hearing. MOTION: To Adopt the Resolution as submitted. Moved: O'Donnell, Seconded by Doyle Vote: AYES: Unanimous 2. Mariivana Dispensary Ban - Consider Amendments to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code for the Purpose of Prohibiting Marijuana Dispensaries in All Zones - Introduction and First Reading of Ordinance (Community Development Department, Town Attorney) Director of Community Development Anderson presented the Staff Report. He noted that marijuana dispensaries have been established in several locations in the state, and some local agencies have reported increases in illegal drug activity, illegal drug sales, robbery of persons leaving dispensaries, littering around dispensaries, falsely obtaining `identification cards' to qualify for medical marijuana and other increases in criminal activity. As a result, such dispensaries would be inconsistent with the residential and village character of the Town. Other municipalities in Marin County have already banned medical marijuana dispensaries and the Town does not wish to find itself in the position of being one of the few, or the only city in the County, where such dispensaries are not prohibited. Anderson reviewed the discussion held by the Planning Commission at its June 11 and June 25, 2014 meetings. The Commission was concerned the proposed definition of medical marijuana dispensaries was too broad. The Planning Commission's ultimate recommendation to the Town Council was to adopt an ordinance using the definition of medical marijuana dispensary upheld by the state Supreme Court, and making all necessary associated changes to reflect the narrower scope of the ordinance. Anderson noted the proposed zoning amendments are exempt from CEQA under Section 15305 of the CEQA Guidelines and also on the basis that they have no potential to result in adverse impacts on the environment. Anderson stated staff s recommendation to the Town Council was to hold a public hearing, take testimony, and indicate via motion which version of the proposed ordinance should be read. The Mayor opened the public hearing. There being no comments, the Mayor closed the public hearing. The Mayor clarified that the issue was regulating the sale and distribution of marijuana within the Town's jurisdiction. Councilmember O'Donnell agreed and noted that the Council is not interested in discussing or passing judgment on the efficacy of medical use of marijuana. He stated that the Town makes decisions on zoning issues and decides what type of establishments the Council wants finds in Tiburon. He used the example of the Town not allowing fast food establishments in Downtown Tiburon. Town Council Minutes #aa -2014 August 20, 2014 DRAFT Page 3 MOTION: To read by title only. Moved: Fraser, seconded by O'Donnell VOTE: AYES: Unanimous The Mayor read "An Ordinance of the Town Council of the Town of Tiburon Amending Municipal Code title IV, Chapter 16 (Zoning) to Ban Marijuana Dispensaries." MOTION: To introduce the ordinance with the broader definition of marijuana (Exhibit F in the staff report) and to hold first reading and waive additional readings. Moved: O'Donnell, seconded by Doyle Vote: AYES: Tollini, Fraser, Doyle, O'Donnell, Fredericks NAYS: None 1897 Mar West Street - (McCullough Encroachment Permit Appeal) - Consider Appeal of the Public Works Director's Denial of an Encroachment Permit to Install a Driveway, Stairway, Retaining Wall and Parking Area in the Mar West Street Public Right -of -Way (Community Development Director Anderson, Public Works Director Barnes) Director of Community Development presented the Staff Report. He reviewed the project history including the two related encroachment permit applications acted on by the Town Council in 2011. The 'Barley Stairs" application was approved by the Council, but its construction was contingent upon approval of the second application. The second application, referred to as the "McCullough Garage" was denied by the Council as inconsistent with the Town's encroachment policy. Staff reports and minutes of these prior (2011) actions were attached to the written staff report. Anderson noted that Chapter 19 of the Municipal Code establishes the encroachment permit requirement, process and procedure; actual policy concerning encroachment permits is set forth in Town Council Resolution No. 16 -2010. The Town Council adopted the encroachment policy to provide clarity and consistency concerning the purposes of encroachment permits. The policy contains lists of "allowable" and "impermissible" uses for encroachment permits, and has proven to be a highly useful tool for Town staff. Anderson described the current project, referred to as the "McCullough Driveway ", as substantially different from the "McCullough Garage" application denied by the Town Council in 2011, as it would not result in the expansion of an enclosed garage located partially on public street right of way. Instead, the owners propose a new angled driveway, supported by a retaining wall that would begin at the existing driveway entrance to the 1897 Mar West Street garage and extend to the western property line, where an existing elevator shaft is built into the residence. Parking for two vehicles in tandem would be possible along the length of this driveway, although the lower space would be relatively steep and in all likelihood a single vehicle would use the driveway for paring purposes. A substantial majority of the improvements would be on the public right of way, including most of the parking area being created. It appears that the Town Council Minutes # August 20, 2014 DRAFT Page 4 retaining wall could reach approximately 8 feet in height, tapering in height as it approaches the existing driveway. The drawings submitted are schematic. More detailed drawings would be required for site plan and architectural review, building permit and final encroachment permit approval. Anderson spoke to the solitary ground set forth in the appeal, which cited Section C -5 of the Town's Encroachment Resolution "to accommodate required parking where the Town finds that (a) the applicant cannot feasibly locate such parking on private property; or (b) the public safety or welfare is better served by allowing such parking to encroach." Anderson noted two family uses in modern times typically require three on -site parking spaces. However, uses that have been in existence for a very long time (this main building dates back to 1900) are grandfathered with respect to "required parking ", hence the Town's acceptance of the one car garage as meeting parking requirements. Staff concluded that Section C -5 is inapplicable on that basis. However, should the Town Council choose to do so, it may review the application on a "de novo" basis and not exclusively on the ground set forth in the appeal. Staff also expressed concern in the Staff Report that the proposed work would in practical effect privatize and provide exclusive permanent use of that portion of the street right -of -way for the owners of 1897 Mar West, in that an encroachment permit holder is unlikely to remove a physical improvement of this cost and magnitude without a protracted legal fight should the Town demonstrate reasonable cause and seek its removal at some point in the future. Anderson described two possible options for the Council: A. Direct staff to return with a Resolution denying the appeal, or B. a. Modify the Town's encroachment permit policy; b. Require the applicant to submit more detailed plans for staff review that will allow staff to fully evaluate the effects of the project on the hillside, sight distance and adjacent properties; C. Consider conditions of approval requiring as follows: (i) widen and be responsible for the costs of widening Mar West Street below the proposed retaining wall a minimum of two feet in order to improve sight distance and public safety of the street in the vicinity of the property frontage. A separate low retaining wall will likely be required to create the street widening. (ii) the extent of retaining wall encroachment shall be reduced by approximately five (5') feet to allow adequate space for only tandem parking on the proposed driveway by narrowing the width of the driveway in that area. The narrowing shall occur such that at least a portion of any parked vehicle would be located on private property of 1897 Mar West Street. (iii) construction of the Barley Stairs by the permit holder is required as part of the project. (iv) a Memorandum of Encroachment shall be required that memorializes the revocable nature of the permit and other conditions. d. Direct staff to return at the next meeting with a resolution memorializing the granting Town Council Minutes #xr -2014 August 20, 2014 DRAFT Page 5 of the appeal and direct the Town Engineer to issue the encroachment permit substantially based on the above conditions in addition to the standard permit conditions, following site plan and architectural review and building permit approval. In response to Mayor Fredericks, Anderson stated that there is insufficient proposed widening of the right -of -way to provide new street parking and that the low retaining wall is not proposed; only the retaining wall to support the driveway is proposed. He also pointed out that the owner of the property is required to maintain the sidewalk located in the right -of -way along private property frontage. Town Attorney Danforth cited Municipal Code Chapter 24, which outlines responsibility of the adjacent property owner for certain improvements in the right of way. In response to Councilmember O'Donnell, Anderson stated that if the street were widened, there might be a gain of one street parking space that wasn't too close to the center line of the road such that a car using it would not be subject to citation. The Director of Community Development reviewed the appeal process, where the appellant has 20 minutes; members of the public then have 3 minutes each to speak; and if the appellant feels it is necessary, he has three minutes for rebuttal. The applicants were represented by Christopher Skelton, Ragghianti/Freitas LLP. Mr. Skelton referred to his previously- submitted letter. He noted the denial was based on staffs interpretation that the application was inconsistent with the Town's policy. He asserted that findings were not made to support the denial. Mr. Skelton reviewed the Town's Resolution, which provides policy allowing encroachment into the public right -of -way where such features would: 1. Allow access to private property for ingress /egress; 2. Allow applicants to replace landscaping; 3. Allow applicants to accommodate required parking where the Town finds that (a) the applicants cannot feasibly locate such parking on private property, or (b) the public safety or welfare is better served by allowing such parking to encroach; and 4. Allow applicants temporary relief from unusually severe topographic or other physical circumstances that create practical hardships to the creation of proper access. Mr. Skelton stated that these issues were identified in the encroachment application and evidenced in the design submittal; he believed facts supported the findings and findings could be made to approve this permit. He stated that any one of the above items was sufficient to approve the permit application and that in totality the evidence overwhelmingly favored granting the encroachment permit. The property is a challenging site and these encroachments would alleviate the challenges. He noted that staff suggests that because this house was built in 1900 it may continue to provide one or two parking spaces; however, the applicant is proposing updating and improving the property to meet modern codes; he would think the Council would prefer to encourage residents to provide additional parking. Town Council Minutes # August 20, 2014 DRAFT Page 6 Mr. Skelton noted that many properties on Mar West Street have improvements that encroach into the right -of -way. He felt allowing parking would improve public safety and serve the community. He suggested he didn't think someone would be inclined to fight to the bitter end to retain these improvements should their removal be sought at some future time by the Town. Mr. Skelton concluded by asking Council to hold a de novo hearing and render a decision based on evidence and findings. John Merten, co- appellant and landscape architect, said he had prepared the schematic drawings. He noted the diagonal driveway on private property would get a car as close to the house and away from visibility of the neighborhood as possible. He noted the steep slope of the property and the improved landscaping being proposed. In response to Councihnember Tollini, Mr. Skelton stated the existing garage would remain. In response to a question by Councilmember O'Donnell, Mr. Merten agreed that it was an undersized garage. Mr. Merten stated the driveway lane would be used for parking too, but not the existing driveway space behind the garage. In response to a question by Mayor Fredericks, he stated the plan was to build the `Barley Stairs" in conjunction with this driveway project. The Mayor opened the item to public comment. Bill Lukens, 160 Los Lomas Lane, stated he appreciated the goal of additional parking and improvements to beautify property. In response to his questions, Director Anderson stated that according to the County Assessor's office, the use on the site is a two family dwelling. The proposed project would provide parking for two cars on the driveway and one in the existing garage. Mr. Lukens noted the former owner had a mechanism in the garage to accommodate two cars. Mr. Skelton stated that mechanism had been removed. Jennifer Lambert, 1894 Mar West Street, noted there is an easement behind the property that the applicants use quite often for caterers, children and guests as it provides much easier access to their house. She had safety concerns about the application; noted it is a heavy traffic area; there is a Mar West Street staircase nearby that is heavily used by pedestrians; she didn't know why the applicant would want to encourage more traffic from his driveway in that area. She felt the area was safe and quiet with naturally slow traffic due to restrictions of roadway width and she wanted it to stay that way. She noted that there is permit parking on Mar West Street for residents only, and usually there are no cars parked along the property frontage because people are at work. She stated that widening the street in that area would be a problem because it would increase traffic speed and she liked the area's small town atmosphere as it provides the charm for the neighborhood. In response to Mayor Fredericks, Ms. Lambert stated the easement provides parking for the first two houses in from Las Lomas Lane and not for the subject property. There is 4' wide path that Town Council Minutes #xx -2014 August 20, 2014 DRAFT Page 7 allows cars to back up and unload; they can't park at the subject property using that easement. There being no further public comments, the Mayor closed the public hearing. In rebuttal, Mr. Skelton summarized the appeal; stated this neighborhood had a lot of action; getting cars off the street is important; it would improve the overall circulation of this site and area; access for parking for this house is from Mar West Street only; asked Council to grant the encroachment permit without condition C requiring them to widen the street. In response to Councilmember Fraser, he stated there was currently only a one -car garage, and the site with improvements could accommodate up to four cars. The item was returned to Council for deliberation. Councilmember Doyle noted nothing in the front of the house will change. The hillside would remain as is with the exception of driveway cut behind it. He didn't see a huge change that will affect anyone and it seemed this plan got cars off the street. He supported the proposed plan with some changes. The Mayor stated she saw the issue as "public benefit" versus "private use ". The Town protects the public right -of -way for all of us to use; we need to be very careful not to turn over a public right -of -way to private benefit. She thought the purported public benefit here was marginal even if it creates public parking spaces. She said that the homeowners association had sent an email to its members arguing that the project might be purely a private benefit unless it included widening the street to create some public benefit. She thought the improved landscaping would benefit only the property owner, and that other owners of constrained properties have managed to get by in the neighborhood. The Mayor said that she was reluctant to turn over public right -of -way for what appeared to be mostly private benefit. Councilmember Tollini stated she had reviewed the Town's regulating documents and thought it was clear that the policies seek protect the public right -of -way from privatized use. She noted that Section D of the Town's policy contained a list of "impermissible purposes', and she didn't see how the Council could get around paragraph 1 ("Encroachments for the purpose of, or having the practical effect of, privatizing the affected area for the exclusive use or benefit of one or a limited number of individual owners in lieu of the general public ") without first amending the policy. Councilmember Fraser noted Mar West Street is a highly- trafficked street; in 2011 he supported the previous application; he believed improved ingress and egress would benefit the public; landscaping is a public benefit as well as a private benefit; there isn't enough parking along Mar West Street and if the area can be improved by getting cars off the street it is a positive. He said he could make findings to approve the application and didn't believe the Council needed to change the policy document prior to acting on the appeal. He suggested that discussion this Town Council Minutes # August 20, 2014 DRAFT Page 8 evening be limited to the appeal and not amendments to the policy. He was not in favor of widening the street. He suggested Council focus on this particular appeal and provide direction to staff for an appropriate resolution and improved drawings. The Mayor noted that the staff has suggested if the Council wishes to grant the appeal, it should look into changing the policy resolution and she believed the application did not conform with the Town's existing policy. Town Attorney Danforth noted a great deal more information would be needed to make sure this is a feasible project. She noted the Town Council can bring back a modified policy at another date. Councilmember O'Donnell stated he supported the application in 2011 for the improved garage and thought this application was aesthetically better. He supported Councilmember Fraser's remarks that Council grant the appeal subject to additional information being received prior to issuance of the encroachment permit. He believed that one has to look at this project in the context of a home built in 1900 in a neighborhood completely out of code, and that one has to determine the appropriate lens through which to view what is reasonable for the applicant and what is reasonable for the public. It is a benefit for private property but also the public; the staircase and trail nearby are used by commuters and that reducing congestion is a public benefit. He would like to see the application proceed. Councilmember Tollini didn't think the project could be approved at this meeting because the Council would need to amend the encroachment permit policy first. Town Attorney Danforth noted that the policy was adopted by resolution, which is less formal than adoption by ordinance. The Council can decide now that the current project is worthy of approval and, using the project as a case study, decide that the policy should be modified at a future meeting. In other words, the Council can uphold the appeal tonight and direct staff to return with an appropriate modified policy in the future. She noted the staff report lists several suggested conditions and asked Council to consider them. She suggested that Council direct staff to come back with a resolution setting forth the Council's action on the appeal. MOTION: Having considered the appeal on the basis of a "de novo" hearing, uphold the appeal and find the project suitable for processing as an encroachment permit application, subject to certain conditions listed on page 4 of Staff Report, specifically: 1) Require the applicant to submit more detailed plans for staff review that will allow staff to fully evaluate the affect of the project on the hillside, sight distance, and adjacent properties; 2) Construction of the Barley Stairs by the permit holder is required as part of the project; 3) A Memorandum of Encroachment shall be required that memorializes the revocable nature of the permit and other conditions. Town Council Minutes #xx -2014 August 20, 2014 DRAFT Page 9 Staff was directed to return at the next meeting with a draft resolution for consideration of adoption at the next meeting incorporating this direction. Moved: O'Donnell, seconded by Fraser Vote: AYES: Fraser, Doyle, O'Donnell NAYS: Tollini, Fredericks Town Manager Curran stated it would be staff's intent to propose any policy change as narrowly as possible to reflect this particular project and not broadly looking at changing policy. 4. Smoking Ordinance - Consider Amendments to Title VI, Chapter 28 (Smoking and Tobacco Regulations) of the Tiburon Municipal Code for the Purpose of Adding the Use of Electronic Smoking Devices (E- Cigarettes) to the Definition of Smoking - Introduction and First Reading of Ordinance (Community Development Department and Town Attorney) The Director of Community Development presented the Staff Report, which outlined the intent of the amendment to the ordinance to add electronic smoking devices to be placed under the same Town smoking regulations as traditional cigarettes. The draft ordinance has been noticed for public hearing and comes before the Town Council for review and consideration. It was noted the Council received an email from Sally Warren, 42 Ned's Way, asking for consideration of a grace period for the continued use of E- cigarettes in apartment buildings, since e- cigarettes are part of secession programs and these take time to be successful. The Mayor opened the public hearing. Bob Curry, Smoke -Free Marin Coalition, supported inclusion of E- cigarettes in the Town's smoking ordinance; studies indicate there is an increase in use of E- cigarettes instead of regular cigarettes There being no further comments, the Mayor closed the public hearing. There was a brief discussion regarding adding a delay in the applicability of the ordinance with regard to use of E- cigarettes in multi -unit complexes. It was agreed to extend a one year grace period for use of electronic smoking devices in multi-unit complexes. The Council voted unanimously to continue the item to the next meeting and direct staff to return with an accordingly revised ordinance for first reading. Contract Bidding - Consider Amendments to Title I, Chapter 3A (Town Contracts) of the Tiburon Municipal Code for the Purpose of Adjusting Bidding Thresholds - Introduction and First Reading of Ordinance (Town Attorney, Town Manager) Town Attorney Danforth presented the Staff Report. The ordinance proposed for amendment Town Council Minutes # August 20, 2014 DRAFT Page 10 establishes maximum contract authorization amounts for the Town Manager and department heads and procedures for the bidding, award and execution of authorized contracts. Staff has identified several sections that warrant updating. The proposed updating reflects that, since the Council adopted Chapter 3A, the State legislature has increased the threshold amounts for major and minor public works contracts from $125,000 to $175,000; and for small minor public works contracts from $30,000 to $45,000. These categories determine the process required for awarding the contracts. The Town Attorney noted that the Town's ordinance includes automatic escalator clauses, but said that the Code would be more useful if it contained the updated amounts. Staff suggested adding an automatic escalator clause of future increase in the threshold between small and medium public works projects. Other suggested changes: authorize the Town Manager to execute contracts up to $60,000 from current $40,000 for previously appropriated expenditures through the budget process; authorize the Town Manager to settle a claim or litigation for up to $15,000 from a current $10,000 after consultation with the Mayor; and publish a bidding notice 14 days, instead of the current 10 days, before a bid opening. Councihnembers O'Donnell and Fraser were uncomfortable with the escalator clause and questioned the small scale of Tiburon's projects versus State projects. There was also discomfort expressed about the settlement of claims without the input of the full Council; one Council member suggested that the Town Manager consult with both the Vice Mayor and Mayor before making any such settlement. The Town Attorney noted the proposed changes to thresholds affected only the process of selecting contractors; the larger projects required a formal process that was both more expensive and more time consuming. The Town Manager noted that the Town rarely settled small claims that would come within her settlement authority. Council directed Staff to reconsider the matter and, if appropriate, return with an amended proposal reflecting the Council's stated concerns. TOWN COUNCIL REPORTS Mayor Fredericks suggested, and Council agreed, to place on a future agenda the "Yellow Bus Challenge" suggested by Ms. Klein previously this evening in order to educate the public as to the contingencies needed, the bus routes chosen, and so forth. Town Attorney Danforth suggested an item be placed on the next Council agenda to formally appoint an ad -hoc Council Committee to work on this project. YIIo m.rIgau /_6 /_me7a:i aa7I at] NIY Town Council Minutes Axx -2014 Augus120, 2014 DRAFT Page 1 There was no report. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Fredericks adjourned the meeting at 10:00 p.m. ALICE FREDERICKS, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes 9 August 20, 2014 DRAFT Page 12 TOWN COUNCIL MINUTES CALL TO ORDER C Mayor Frederickso e e re meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, eptember 3, 2014, ' Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, Califo ROLL CALL PRESENT: COUNCILMEMBERS: PRESENT: EX OFFICIO: ORAL COMMUNICATIONS None. Doyle, Fraser, Fredericks, O'Donnell, Tollini Town Manager Curran, Town Attorney Danforth, Director of Public Works /Town Engineer Barnes, Director of Community Development Anderson, Police Chief Cronin, Town Clerk Crane Iacopi Homelessness in Marin — Two Presentations on the issue of Homelessness in Marin: a. Marin Organizing Committee and REST Regarding Creation of a Regional Shelter (presented by Rev. Dr. Curran Reichert of CCC Tiburon; Rabbi Chai Levy of Congregation Kol Shofar, and Gail Dorph, MOC leader and member of Congregation Kol Shofar) b. Marin County Council of Mayors and Councilmembers Homeless Policymaker Subcommittee Chaired by San Rafael Councilmember Kate Colin (presented by Jason Satterfield, Marin County Housing Analyst and Joe Hegedus of the Marin Partnership to End Homelessness) Mayor Fredericks introduced the speakers and asked for a presentation. Rev. Curran Reichert (Community Congregational Church) spoke first and described the rotating emergency shelter program sponsored by local congregations and the need for a year - round, permanent shelter. She said that the members of the Marin Organizing Committee wanted to work with the Town to make this a reality. Town Council Minutes #xx -2014 September 3, 2014 �iD Page I Rev. Reichert described the REST (Rotating Emergency Shelter Team) program and its work; she said the shelters, which are open from mid- November to mid -April, are operated by St. Vincent de Paul staffers, and other volunteers (including members of the congregations represented at the meeting). She said that last year, there were 2000 volunteers at the REST program; and since that time, 19 "guests" had found housing. But she said it was no longer sustainable for the various churches to maintain the temporary shelters indefinitely. Gail Dorph of Congregation Kol Shofar said that the rotating shelter program was meant to be a temporary solution created in response to a particularly cold winter; she said it was now in its seventh year of operation. She described what would be needed for a permanent shelter; that it would operate the same hours as the current shelter, from 5 p.m. until 7 a.m., and would have room for the same number of guests (40 men and 20 women). She said it would need room for sleeping and eating, be ADA compliant, and have parking for volunteers. She said the guests would continue to be evaluated each night for their ability to live in community. She said that the committee had received the help of a commercial broker to identify several sites in SB -2 zones or County -owned sites. She said the shelter was estimated to cost $1.25 million for upkeep, staffing and rent, as compared to the $350,000 annual cost now. Ms. Dorph described a funding strategy of cost sharing between the County and the 11 cities in Marin, along with independent fundraising. She estimated one equal portion cost and one part based on population (for the cities). The total would translate to approximately $17,000 for the Town of Tiburon. Rabbi Chai Levy of Congregation Kol Shofar said the congregation, like CCC, was a founding member of the Marin Organizing Committee. She said the Torah teaches us to give back and to take care of those in need. She said that homelessness was often hidden in communities such as Tiburon but that it did exist. She said that each guest in the REST program is treated with dignity and respect and that the program does make a difference. She cited the tale of the Exodus from Egypt in which the bravery of one person who was willing to step forward had caused the Red Sea to part; she said it would be the same for this proposal to create a permanent shelter. Before the second presentation, Council posed some questions of the speakers. Councilmember O'Donnell asked whether the permanent facility would offer psychiatric care or any other support services. Ms. Dorph agreed that additional services are needed but that the permanent shelter would primarily continue to provide shelter as it does now. She said the strategy was to first find a year -round site, then move forward with additional services in the future, if possible. Mayor Fredericks asked for clarification of a statistic stated by one of the speakers about the number of people served by REST. Ms. Dorph clarified that it was 60 persons per night, serving approximately 400 different individuals over the season, and that 19 of those had found permanent housing. Town Council Minutes 9xr -2014 September 3, 2014 Page 2 Councilmember Fraser noted that there is room for 55 guests at Mill Street [shelter in San Rafael] and 60 in the REST program per night, but wondered how many people throughout the County were seeking housing. Ms. Dorph said that the next speaker might be able to address this question. Joe Hegedus, Marin Partnership to End Homelessness, provided a handout to the Council and public that answered this and the most frequently asked questions. He then showed a powerpoint program, created by the HomeforAll Speakers Bureau, called "Homelessness in Marin". This showed a count that had been made in January 2013 that identified 933 men, women and children who were homeless on one specific day in Marin County. He said that of these, a third lived unsheltered, or in encampments, and the remainder were in emergency shelters or other programs. He described other "precariously housed" folks that were at risk of losing housing (430 in a single day). Mr. Hegedus also said that a common myth was that homeless people don't work; he said that in fact, over 50% of them are employed or have an income source, but not enough income for housing. Most homeless people in Marin are not transients, according to Hegdus. Jason Satterfield, Marin County Housing Analyst, followed up on this presentation with an overview of resources and services available in Marin. He said that the County of Marin had $15.3 million of funding available through HUD and other sources to address the issue of homelessness. He said that shelters are important because they are one of the points of entry into solving the problem of homelessness (Step 1). He said the County would like to see the number of points of entry increase. Satterfield said that Step 2 is "Assessment and Referral"; and Step 3 is "Rapid Rehousing ". Satterfield said that people were directed to the least expensive program first — and that programs could be ranked by cost - -Rapid Rehousing (i.e. apartments) are the least expensive program, transitional housing (i.e. dedicated housing) is next in cost, and permanent supportive housing is the most expensive program. Mr. Satterfield said that the County was working on lasting solutions and that the Town could help by participating in the Homeless Policy planning group and support of programs like REST. He provided a website for more information: www.HomeforAllMarin.ors Councihnember Tollini asked whether there were restroom and shower facilities in the shelters. Ms. Dorph said there were no showers now (because the churches act as temporary shelters and do not have these facilities). Tollini also asked about security. Ms. Dorph said that there had been no issues or complaints from the shelters or surrounding communities. She reiterated that the guests were vetted prior to entering the shelters and the plan was to continue this process. Mayor Fredericks opened the item to public comment. Then there were a number of speakers who shared their experiences of working with the program and how it was both personally rewarding and morally necessary to provide this type of service in the community. Town Council Minutes krc -2014 September 3, 2014 Page 3 1. Joan Brown, member of Westminster Presbyterian Church, part of the REST program, spoke of her positive experiences and the success of some of the guests she had worked with over the years; 2. A member from the Christian Science Church, one of the four churches who bring dinners, read a letter in support of the REST program; 3. Julie Jacobs, Congregation Kol Shofar, participant with her husband and children in serving meals on Sunday nights for the REST program for many years, encouraged the Council to embrace the program; 4. Rob McClellan, Pastor of Westminster Presbyterian Church, site of one of the REST shelters, said there was an opportunity as well as a need to end the temporary program, where there were often no actual beds or showers, by having a permanent location; 5. Roger Gustafson, Associate Pastor of St. Hilary Church, said all humans should be provided with shelter and are entitled to a fair share for the well -being of the whole race. He said we have a moral obligation to attend to those in need and are rewarded in return. In conclusion, Ms. Dorph asked whether the Town was willing to join in the effort to create a permanent shelter. Mayor Fredericks said that because the item was not agendized for action by the Council, she would talk further with Ms. Dorph outside of the meeting. Mayor Fredericks thanked the speakers for their presentation and for their work with the shelter program. CONSENT CALENDAR 1. Marijuana Dispensary Ban —Adopt ordinance making Amendments to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code for the Purpose of Prohibiting Marijuana Dispensaries in All Zones — Adoption of Ordinance (Community Development Department, Town Attorney) 2. Single Use Carryout Bag Regulations —Adopt ordinance adding Chapter 10A to Title III of the Tiburon Municipal Code for the purpose of regulating carryout bags in certain types of establishments — Adoption of Ordinance (Community Development Department) 3. 1897 Mar West Street (McCullough Encroachment Permit Appeal) — Adopt Resolution Granting Appeal of the Public Works Director's Denial of an Encroachment Permit to Install a Driveway, Stairway, Retaining Wall and Parking Area in the Mar West Street Public Right of Way (Community Development Department, Public Works Department) MOTION: To adopt Consent Calendar Item Nos. 1 through 3, as written. Moved: Fraser, seconded by Doyle Vote: AYES: Unanimous Town Council Minutes #ax -2014 September 3, 2014 Page 4 ACTION ITEMS 1. Dairy Knoll Access Path — Review of improvements, Budget Amendment and Direction to Staff Regarding Construction of a Secondary Access Pathway to Dairy Knoll at 600 Ned's Way (Director of Public Works Barnes, Town Manager Curran) In his report, Director Barnes said that the Council had funded the project to construct a secondary pathway to Dairy Knoll as part of the Town's Fiscal Year 2014 -15 Capital Improvement Plan. He said that $50,000 was set aside for the project, based on a preliminary cost estimate. The Director noted that once engineering design commenced, it had become apparent that the planning level budget was low. He said that the fmal design optimizes low cost, durability, low maintenance and ease of use, and that the estimated construction cost was $117,000, including a 15% contingency. Barnes noted the total project budget cost of $153,500 also includes the acquisition of property from Chandler's Gate ($5,000), the acquisition agreement requirement to provide a fence between Chandler's Gate and the pathway ($21,654), and the cost of a survey for recording the deed ($2,360). Director Barnes said that staff was working to have the path constructed this Fall, although he said that staff would advise against excavating the hillside for the construction once rain begins. He recommended that the Council amend the CIP budget to increase the funding for the project and to authorize staff to proceed with bidding and award of contract for the project. Director Barnes asked for Council questions. Councilmember O'Donnell said that the Council subcommittee had envisioned a different path entirely; he said there is a fairly flat path that goes around the property and circles up the back, through an area of existing picnic tables. He said this was a more "natural" pathway that followed an existing road. He said the proposal before the Council was for a path [stairs] that goes up the steepest part of the property. Vice Mayor Doyle also expressed concern about the steepness of the approach; he asked whether switchbacks in the path had been considered. He said that the steepness of the stairway and its length might be daunting to young children. Town Manager Curran said that some stairs had always been anticipated as part of the project. She said that the plans called for hand rails, as well as multiple landings at various junctures. Curran said that the alignment of the pathway described by Councilmember O'Donnell would terminate at the back of the building rather than the front. She said that the members of the recreation team felt strongly that the pathway needed to terminate at the front office area [rather than at the back] for effective management of the property. She said that there was a question of safety and security, as well, if people entered at the back. Councilmember Fraser asked if the children would be chaperoned when leaving Reed School and coming up to [the after- school programs at] Dairy Knoll. The Town Manager said yes, they Town Council Minutes #xx -2014 September 3, 2014 Page 5 would be, but that there were many users of the building, including weekend rentals, which would have to be taken into account, as well. Councilmember O'Donnell asked whether the path would be maintained by The Ranch, or the cost shared with Belvedere. He expressed concern that the costs of the project continue to rise and are purported to be borne by the Town. Town Manager Curran said that a path in the proximate location was always envisioned as part of the project and that $35,000 had been set aside and was still in the Dairy Knoll project budget. She recapped the agreement between the City of Belvedere and the Town for the creation of Dairy Knoll-4300,000 for the project, plus $30,000 per year with cost of living increases indefinitely to reimburse capital costs; she said the rest was up to the Town. Councilmember Fraser asked whether there were any other reasons for not just using the existing pathway. Curran said that an all- weather path was envisioned and the existing pathway would not be functional in inclement weather. Councilmember O'Donnell continued to express concern about a massive stairway which was not very attractive. Mayor Fredericks asked whether the stairway would be visible from the other locations. Manager Curran said it would be visible from the Dairy Knoll project if one looked over the railing, but otherwise it would not be very visible. O'Donnell said the committee had envisioned a more natural pathway, in keeping with the "Waal" or pastoral setting or Dairy Knoll. Councilmember Fraser said that he had not walked the existing path that was being discussed and said it would be helpful to him to walk it and see it in order to make an informed decision. The Town Manager proposed that the Dairy Knoll committee might meet with staff at the site to have a better understanding of the project. She recommended the Council approve the project and budget amendment with the caveat that it would be brought back to the Council for further discussion if the Dairy Knoll Committee felt that was appropriate after the site visit. Mayor Fredericks suggested that the project be approved conditionally in keeping with the goal of starting construction prior to the change in season; Councilmember Tollini concurred with this recommendation. MOTION: To approve the project conditionally, pending a meeting in the field with the Council's Dairy Knoll subcommittee [Fraser and O'Donnell], and if there are any substantive changes, to return to Council for further review and approval. Moved: O'Donnell, seconded by Tollini Vote: AYES: Unanimous Town Council Minutes #xx -2014 September 3, 2014 Page 6 2. School- Related Traffic — Council Discussion Regarding Next Steps to Develop Options to Increase Ridership on School Buses and Appointment of Council Committee to Develop Recommendations for Town Council Consideration (Town Manager Curran, Chief of Police Cronin) Councilmember O'Donnell said the committee had not met since August 11 and had made its report to Council at the last regular meeting (August 20). Mayor Fredericks asked whether the committee wanted to "reboot'; the answer was affirmative. Councilmember Tollini commented that the outcome of 275 new enrollees into the bus program was certainly not a failure; she said that eventually the [ridership] goal could be achieved. Mayor Fredericks provided some context she thought might be useful to the committee going forward, that is, to make it a "community" service rather than a "bus" service; to frame its mission as congestion relief rather than focusing solely on increased bus ridership. The Mayor said it would be helpful to have supporting data, perhaps developed through a professional survey, showing the linkage between bus routes and reduction of car trips. She also said it was important to manage the expectations of the community; she suggested holding progress meetings with the community for reporting and input. The Mayor recommended that the school district appoint a member of the committee, preferably someone who was knowledgeable about the subject matter; she said the school board could appoint the representative but that it would not necessarily have to be a trustee. She asked that the committee make progress reports to the Council. Chief Cronin noted that the timeline was short in terms of the coming school year, as the school district likes to have projections of bus ridership by March, and no later than June, for the coming year. MOTION: To appoint a Council Committee of Fraser and O'Donnell to explore a bus subsidy program in the coming school year that would be a "community program" to reduce traffic congestion on Tiburon Boulevard. Moved: Tollini, seconded by Doyle Vote: AYES: Unanimous PUBLIC HEARINGS 1. Smoking Ordinance — Consideration of Ordinance making Amendments to Title VI, Chapter 28 (Smoking and Tobacco Regulations) of the Tiburon Municipal Code for the Purpose of Adding the Use of Electronic Smoking Devices (E- Cigarettes) to the Definition Town Council Minutes #xx -2014 September 3, 2014 Page 7 of Smoking — Introduction and First Reading of Ordinance (Community Development Department and Town Attorney) Town Attorney Danforth summarized the change requested by Council at the last meeting, to allow for a one -year grace period on the use of e- cigarettes in multi - family complexes. She said the revised draft ordinance includes the grace period in Section H.2, which adds a new Section 28- 7(c)(2)(D). Mayor Fredericks opened the public hearing. There were no comments and the public hearing was closed. MOTION: To read the ordinance by title only Moved: O'Donnell, seconded by Fraser Vote: AYES: Unanimous Mayor Fredericks read, "An ordinance of the Town Council of the Town of Tiburon amending provisions of Title VI, Chapter 28 of the Tiburon Municipal Code (Smoking and Tobacco Regulations)." MOTION: To pass first reading of the ordinance and to waive second reading and place the final ordinance on Consent Calendar for adoption at the next regular meeting. Moved: O'Donnell, seconded by Doyle Vote: AYES: Doyle, Fraser, Fredericks, O'Donnell, Tollini TOWN COUNCIL REPORTS Vice Mayor Doyle Proposal for Small Improvements to Blackie's Pasture Staff provided the Council with copies of drawings prepared by Vice Mayor Doyle showing aerial views of the Blackie's Pasture area. Vice Mayor Doyle had broken the area into number "zones ", which he described and made suggestions for minor improvements to (the addition of a bench or picnic table; the sowing of native gasses and wildflowers; the realignment of some of the crisscrossing "bike" trails; the leveling of a rise to create more useable space, etc.). The Vice Mayor noted that the area could be enhanced for passive recreation in this way, in addition to becoming more of a "destination" rather than just an area to cross to go elsewhere. The Council expressed its general support of these ideas and directed staff to work with Councilmember Doyle to begin shaping a proposal for further consideration. Councilmember Fraser asked to report on a project that had gained momentum last year after the passing of Councilmember Collins. He said there had been energy around creating a monument in his honor, and although the initial proposal, a flagpole, had been tabled, he said he would like to pursue one of the alternate ideas. He said he would meet with staff to work on the idea of some sort of plaque or monument at the Lyford Drive Parking Lot and report back to the Council. Council expressed its general support for the concept. Town Council Minutes #xx -2014 September 3, 2014 Page 8 TOWN MANAGER'S REPORT None. WEEKLY DIGESTS • Town Council Weekly Digests July 18 and July 25, 2014 ADJOURNMENT Prior to adjourning, Mayor Fredericks noted the passing of local resident Enoch "Hoch" Calloway, 88 years old, who was a physician and avid outdoorsman. Fredericks said that Dr. Calloway was a pioneer in the field of biological psychology and had written a book called "Asylum,' Mayor Fredericks adjourned the meeting at 9:25 p.m. in memory of Dr. Calloway. ALICE FREDERICKS, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes #xx -2014 September 3, 2014 Page 9 To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Community Development Department Town Council Meeting September 17, 2014 Agenda Item: CC Subject: Consider Adoption of Amendments to Title VI, Chapter 28 (Smoking and Tobacco Regulations) of the Tiburon Municipal Code for the Purpose of Regulating Electronic Smoking Devices (Adoption of Ordinance) Reviewed By: BACKGROUND The Town Council held first reading of this ordinance following a public hearing at its meeting on September 3, 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 confine 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. 553 N. S., a draft of which is attached as Exhibit 1, as part of the Consent Calendar. EXHIBIT 1. Draft Ordinance No. 553 N. S. Prepared by: Scott Anderson, Director of Community Development« TOWN OF TIBURON PAGE 1 OF 1 ORDINANCE NO. 553 N. S. (DRAFT) AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING PROVISIONS OF TITLE VI, CHAPTER 28 OF THE TIBURON MUNICIPAL CODE (SMOKING AND TOBACCO REGULATIONS) The Town Council of the Town of Tiburon does ordain as follows: Section 1. Findinas, A. The popularity of e- cigarettes has grown and continues to grow across the nation; and B. E- cigarettes are not currently regulated by the Food and Drug Administration, unless they are used for therapeutic purposes; and C. Although e- cigarettes are too new for longitudinal studies on their health effects, current research indicates that chemicals contained in e- cigarettes may be harmful and that vaping (i.e., use of e- cigarettes) does release contents of e- cigarettes into the air; and D. Recent scientific studies have found that the aerosol emitted from e- cigarettes contains harmful elements including, without limitation, nicotine, fine and ultrafine particles, at least 10 chemicals on California's Proposition 65 list of carcinogens and reproductive toxins, and propylene glycol. D. E- cigarettes are made to mimic conventional cigarettes, making enforcement of no- smoking rules difficult and confusing if e- cigarettes are allowed; and E. Numerous cities, counties, and organizations are putting into place laws or policies that treat e- cigarettes the same as conventional cigarettes when it comes to acceptable locations for usage in public and semi - public places; and F. The Town of Tiburon has for over two decades enforced strict local smoking control laws, defining where smoking conventional tobacco products is prohibited; and G. The Town Council of the Town of Tiburon desires to include e- cigarettes in the smoking controls and treat them in a manner similar to conventional cigarettes; and H. The Town Council has held public hearings on August 20, 2014, and on September 3, 2014, and has heard and considered any and all public testimony on this matter. I. The Town Council finds that all notices and procedures required by law attendant to the adoption of this Ordinance have been followed. Town of Tiburon Ordinance No. 553 N. S. DRAFT Effective 4--12014 Page I =IIDIT NO.-L J. The Town Council finds that the amendments made by this Ordinance are necessary for the protection of the public health, safety, and welfare. K. The Town Council has found that the amendments made by this Ordinance are consistent with the goals and policies of the Tiburon General Plan and other adopted ordinances and regulations of the Town of Tiburon. L. WHEREAS, the Town Council finds that that these amendments are covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment pursuant to CEQA Guidelines Section 15061(b)(3), and further finds that if the amendments were not covered by the above section, the amendments would be categorically exempt pursuant to Sections 15305, 15307 and/or 15308 of the CEQA Guidelines. Section 2. Amendments to Title VI Chanter 28, Section 2828 =2. I. Title VI, Chapter 28, Section 28 -2 of the Tiburon Municipal Code is amended as follows: (A) The definition of "Electronic Smoking Device" is added to read as follows: "Electronic Smoking Device" means an electronic or battery- operated device that delivers vapors for inhalation. This term shall include every variation and type of such devices whether they are manufactured, distributed, marketed or sold as an electronic cigarette, an electronic cigar, and electronic cigarillo, an electronic pipe, an electronic hookah or any other product name or descriptor. (B) The definition of "Smoking" is amended to read as follows: "Smoking" means engaging in an act that produces gas, particles, vapor or smoke by means of means of combustion, electrical ignition or vaporization, where the apparent or usual purpose of said act is the human inhalation of the byproducts. "Smoking" does not include acts where (a) the combustion or vaporization material contains no tobacco, nicotine and (b) the purpose is solely olfactory, such as producing smoke from incense. "Smoking" does include the use of a lighted pipe, lighted cigar, or lighted cigarette, lighted hookah, Electronic Smoking Device or other device of any kind containing tobacco, tobacco product, tobacco -like product, spices, or any other plant or herbal materials to the extent that local regulation of such lighted device, product or material is allowed by law.. II. Title VI, Chapter 28, Section 28- 7(c)(2)(D) of the Tiburon Municipal Code is added to read as follows: Town of Tiburon Ordinance No. 553 N. S DRAFT Effective - -1- -12014 Page 2 (D) Grace Period for Electronic Smoking Devices. This subsection 28- 7(c)(2), shall not apply to the use of an electronic smoking device until October 17, 2015. Section 3. Severability. If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional. Section 4. Effective Date. This Ordinance shall take effect and be in force thirty days after the date of passage, and before the expiration of fifteen (15) days after passage by the Town Council, a copy of the ordinance shall be published with the names of the members voting for and against it at least once in a newspaper of general circulation published in the Town of Tiburon. This ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on September 3, 2014, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on September 17, 2014, which was noticed pursuant to relevant sections of the California Government Code, by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town of Tiburon Ordinance No. 553 N. S. DRAFT Effective —1--12014 Page 3 To: From: Subject: Reviewed By: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Office of the Town Manager Town Council Meeting September 17, 2014 Agenda Item: CC _ Recommendation to Approve Art by the Bay Installation on Public Property from September 26 to November 26, 2014, in Conjunction with the Tiburon Peninsula Chamber of Commerce Art Walk J Staff recently received a proposal from representatives of the Drever Family seeking approval for a temporary installation of public art on Town property. This would be similar to the Art by the Bay installation approved by the Town Council last year. That exhibit was held in conjunction with the Tiburon Art Festival. The proposal this year is for a smaller but similar installation, principally in Shoreline Park and consisting solely of sculptural work, in conjunction with the Chamber of Commerce's newly created Art Walk. A more detailed staff report will be provided to the Town Council and public prior to the meeting on September 17. Prepared By: Peggy Curran, Town Manager TOWN OF TIBURON rnbt i Ur i To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Community Development Department Town Council Meeting September 17, 2014 Agenda Item: CC _S Subject: Permit - Tracking System Replacement: Award contract and Authorize the T n Manager to enter into a Service Agreement Reviewed By: MM SX 3111)►111 The Town's adopted budget for this fiscal year contains appropriations totaling $120,000 for the replacement of the Town's permit- tracking system. Town Staff reviewed proposals and received demonstrations from three different vendors, and has determined that the TRAKiT system by CRW is the superior choice. This program is used successfully by the cities of Mill Valley, Novato, San Anselmo, and San Rafael, all of whom voice satisfaction with its performance. The CRW system is state -of -the art with remote access and public customer interface capabilities. The firm has been providing permit tracking systems since 1991 and has a long and successful history with municipal permit - tracking systems throughout the country. Because the service contract item exceeds $40,000, Council action is required to enter into the service agreement. No budget amendment is necessary. RECOMMENDATION Staff recommends that the Town Council award the contract to CRW Systems and authorize the Town Manager to execute the service agreement in an amount not to exceed $120,000. Prepared by: Scott Anderson, Director of Community Development TOWN OF TIBURON PAGE 1 OF 1 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Department of Public Works Office of the Town Manager Town Council Meeting September 17, 2014 Agenda Item: Recommendation to Consider Special Event Permit for an Art by the Bay Display of Sculpture in Shoreline Park and Zelinsky Park r y� / Last August, in 2013, the Drever Family Foundation (DFF) hosted a temporary but substantial installation entitled Art by the Bay on public land in Tiburon. The art showing was a huge success. The Town was recently by approached by Mason Bondi, representing the DFF, requesting approval for a new Art by the Bay installation this fall. The Drever Family Foundation proposes to hold the second Art by the Bay: a curated, one month- long public sculpture exhibition opening on October 16th to coincide with the beginning of the Tiburon Art Walk, a new event sponsored by the Tiburon Chamber of Commerce. This year, Art by the Bay is focusing on "Ornamenting Topography" - how large scale sculpture can work cohesively with the environments in which they are placed. Last year's Art by the Bay was held in conjunction with the Tiburon Art Festival. That festival is not being held this year. Alternatively, the Art by the Bay exhibit is aligned with the new Tiburon Art Walk. The Art by the Bay art pieces will be installed during the week before the Tiburon Art Walk and be removed during the week after the Tiburon Art walk ends, shortly before the Thanksgiving holiday in November. This Art by the Bay event is endorsed by the Chamber of Commerce. Staff believes the proposed art installation could offer significant benefits to the downtown and community at large. Eight sculptures by various artists are proposed for placement along Shoreline Park in the three grassy areas nearest the roundabout. All art would be view intended for view from the walking paths. Mr. Bondi will describe the pieces proposed for installation in a presentation at the Town Council meeting. The Art by the Bay Exhibit also proposes inclusion of one piece behind the Library. This artwork piece by artist John Lewis is a 14 foot high 30 inch diameter bottle, lit from the inside. The light is described as glowing rather than direct light. The lighting would be placed on timers to shut off one hour after dark. TOWN OF TIBURON Town Council Meeting September 17, 2014 Upon receiving the request for the Art by the Bay installation, the Town directed the Drever Family Foundation representative to reach out to the Point Tiburon HOA. This artwork is of considerable stature and thus will have some impact, albeit temporary, on resident's views. Discussions between the DFF and the HOA were productive and resulted in a reduction in the scope and duration of the proposed event; the HOA has now provided its endorsement of the installation (Exhibit 1). ANALYSIS Consistency with Town Policy and Precedent. In 2004, the Town Council adopted a policy governing the use of Shoreline Park intended to avoid over -use of this popular amenity, protect views from nearby residents and prevent damage to park landscaping. The proposed exhibit is not entirely consistent with the 2004 policy standards in that it would allow installations to be placed outside Ferry Plaza. However, the goals of the policy could be met if the Council finds that the exhibition will be installed and maintained in a way that will not interfere with the normal use of the park by the public, will not damage the landscaping or other park improvements and if the exhibition is acceptable to affected residents. If the Council chooses to issue a permit for this exhibit, staff will return with a recommended revision to the policy that would add those criteria, to ensure that the approval of this event does not set a precedent for future, less benign events in Shoreline Park. Traffic. Last year the staff raised concerns about potential traffic related to Art by the Bay, but that exhibit proved to have no adverse traffic effects. This year's exhibit is considerably smaller in scale. Therefore staff believes that traffic will not be significantly affected by this event. Security and Insurance. The potential for damage to the Town parks displaying the artwork is inherent with the proposal; the DFF proposes to repair any damage that occurs, which it believes will be minor. The security of the artwork itself from theft or damage would be the responsibility of the DFF, not the Town or the Chamber of Commerce Art Walk. The event would be insured at the organizers' expense and the Town would be indemnified and insured to the satisfaction of the Town Attorney. Other Requirements. The Town's normal requirements for encroachments and Special Events would apply, except that staff recommends and associated fees be waived. The applicants would be required to ensure that the event is accessible to persons with disabilities and provide detailed information about the installations to the Director of Public Works. FINANCIAL IMPACT There is no direct cost associated with this proposal, although some indirect expense will be incurred through the incidental need for Public Works or Police Departments' time, and the Town's need to oversee the specific installation to ensure the sites are suitable from a public safety standpoint. The Town would benefit from any additional patronage of local businesses that resulted from the exhibit, as well as reap a potential long -term benefit from the exposure of Art by the Bay regionally and beyond. TOWN OF TIBURON VAUE t ur Z Town Council Meeting September 17, 2014 CONCLUSION Staff believes Art by the Bay could bring significant positive attention to the peninsula and help the nascent Tiburon Art Walk achieve greater prominence and success. Traffic impacts of the proposal should be minimal. Staff believes a condition of approval, should Council wish to grant it, would be that publicity for the event encourage people to walk and bike to the event and come to Town via the ferry or, if by car, to use Blackie's Pasture as a park and ride, (or walk or bike) lot. Should the Council elect to approve the exhibition, the approval should be subject to the Town's normal process and requirements for Special Events on Town property. Due to the unique public - serving nature of the exhibit, however, with no attendant fund- raising or private organizational benefit, staff recommends encroachment and event permit fees be waived. Exhibits: 1. Letter from Point Tiburon HOA Prepared by: Patrick Barnes, Director of Public Works Peggy Curran, Town Manager PAGE .i OF S TOWN OF TIBURON Peggy Curran From: Hank McWhinney <hmcwhinney @live.com> Sent: Tuesday, September 16, 2014 2:26 PM To: Peggy Curran Cc: Diane Kay, bowenbondi @gmail.com Subject: Art By The Bay Exhibit Attachments: Art BTB map.png Ms. Peggy Curran Tiburon Town Manager Dear Peggy, After a cordial exchange of concerns and ideas, the Art By The Bay organization and the Point Tiburon Bayside Homeowners Association have reached an agreement on the parameters of their sculpture exhibit which are acceptable to both groups. These are conveyed in the following statement by Mason Bondi, the curator of the exhibit, and by the map he provided: "The revised plan for Art by the Bay is as follows. The exhibit will be contained to the three grass patches indicated on the attached map. The dates of the exhibit will mirror the Tiburon Art Walk - opening the 16th of October and running for one month. There will be a week on either end of the opening and closing dates allotted for installation and removal." We also understand from conversation with Mr. Bondi that the number of pieces to be displayed on Shoreline Park will be reduced to eight. Please convey to the Council that we do not object to this sculpture exhibit, as defined above. We would have liked more advance notice on this exhibit when it was in the planning stages, but the Art By The Bay team did contact us about a week ago and have been very reasonable to deal with. We also hope to get advance notice from the Town on such events in the future, as we have in the past. That process has consistently resulted in fair responses by the Town to the concerns of the Bayside Association in the context of the various agreements and policies that affect the use of Shoreline Park. Sincerely, Point Tiburon Bayside Homeowners Association 131 vr 1-7 AL- ALL" 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 September 17, 2014 Agenda Item: Recommendation Regarding Proposed Art by the Bay Exhibit F 19 The staff report issued yesterday for the Art by the Bay proposal inadvertently failed to include a recommendation section. It is provided below. RECOMMENDATION Staff recommends the Town Council: 1. Direct the Town Manager to approve a Special Event permit for the Art by the Bay exhibit as presented and subject to normal permit conditions; 2. Waive related fees and charges for permitting this event; 3. Direct staff to return to the Town Council with an amendment to the Shoreline Park Use Policy to add language substantially as follows: The Town Manager may approve temporary structures associated with an event to remain overnight or on days other than specify in the Policy where the Director of Public Works finds that the structures will not interfere with traffic or pedestrian circulation. The Town Manager may approve temporary structures outside the Ferry Plaza where the Director of Public Works has determined that such placement will not damage park landscaping and other improvements and that the structures will not interfere with traffic or pedestrian circulation. Prepared By: Peggy Curran, Town Manager TOWN OF TIBURON rwuc + yr