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HomeMy WebLinkAboutTC Agd Pkt 2014-11-05TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon Town Council November 5, 2014 Tiburon, CA 94920 Regular Meeting - 7.30 p.m. Closed Session - 6:15 p.m. AGENDA TIBURON TOWN COUNCIL CLOSED SESSION — (6:15 p.m.) PUBLIC EMPLOYEE PERFORMANCE REVIEW (Section 54957) Titles: Town Attorney 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. INTRODUCTION OF NEW TOWN EMPLOYEES • Suzanne Creekmore, Management Analyst 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 October 1, 2014 regular meeting (Town Clerk Crane Iacopi) 2. Town Investment Summary - Accept report for period ending September, 2014 (Director of Administrative Services Bigall) 3. Business Citizen of the Year - Adopt resolution commending Captain Maggie McDonogh, Angel Island Ferry, as the 2014 Business Citizen of the Year (Town Clerk Crane Iacopi) 4. 2015 Streets Overlay Project - Award of contracts for design and construction management for the 2015 Streets Overlay Project (Director of Public Works/Town Engineer Barnes) 5. Reconveyance of Deed of Trust - Adopt resolution approving, and authorizing the Town Manager to sign, a reconveyance of deed of trust for 7 Marsh Road, in Tiburon, CA upon full repayment of the loan secured thereby; AP No. 058-171-71 (Town Attorney Danforth) PUBLIC HEARINGS 1. 515 Hilary Drive - Appeal of Design Review Board approval of a site plan and architectural review application for the construction of a fence for an existing single - family dwelling (Community Development Department) Appellants: David and Charito Mittelman Owners: Rich and Christi McElreath AP No.: 039 - 133 -10 ACTION ITEMS 1. Encroachment Permit Policy - Recommendation to adopt resolution amending the Town's Encroachment Permit Policy (Town Staff) TOWN COUNCIL REPORTS TOWN MANAGER'S REPORT WEEKLY DIGESTS • Town Council Weekly Digests October 3,10,17, 24 &t 31, 2014 ADJOURNMENT GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (415) 435- 7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere- Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town's website, www.ci.tiburon.ca.us. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability- related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. TOWN COUNCIL MINUTES CALL TO ORDER cc- Mayor Fredericks a th meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, ctober 1, 2014, ' Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, Cali fo 'a. ROLL CALL PRESENT: COUNCILMEMBERS: PRESENT: EX OFFICIO: ORAL COMMUNICATIONS None. Doyle, Fraser, Fredericks, O'Donnell, Tollini Town Manager Curran, Town Attorney Danforth, Director of Community Development Anderson, Director of Public Works/Town Engineer Barnes, Town Clerk Crane Iacopi INTRODUCTION OF NEW TOWN EMPLOYEES • Clay Salzman, Building Official Director of Community Development Anderson introduced the Town's new Building Official, Clay Salzman. He said that Mr. Salzman had over 17 years in building inspection experience, and had worked nationally and internationally. In addition to introducing Mr. Salzman, Mr. Anderson said he had the pleasure of introducing his wife and daughter who were also in the audience. Mr. Salzman said he was happy to have the opportunity to work for the Town and was welcomed by the Council. • Tyler Botn, Public Works Maintenance Worker Director of Public Works Barnes introduced the newest member of the Public Works Department staff, Tyler Botn. He said that Mr. Botn had volunteered at the San Anselmo Public Works Department and had skills in construction and mechanics. He said that with his hire, the Town had a full complement of workers in that department. DRAFT Town Council Minutes #xx -2014 October 1, 2014 Page 1 Mr. Botn also said it was a pleasure to come to work for the Town and was welcomed by the Council. CONSENT CALENDAR 1. Town Council Minutes —Adopt Minutes of September 17, 2014 regular meeting (Town Clerk Crane Iacopi) 2. Conflict of Interest Code Update — Adopt resolution amending Town's Conflict of Interest Code pursuant to biennial review (Town Clerk Crane Iacopi /Town Attorney Danforth) 3. "PACE" Energy Efficiency Resolutions —Adoption of resolutions to join California Statewide Communities Development Authority and the California First Program Regarding Energy Efficiency (Assistant Planner Kyra O'Malley) 4. Fee Waiver — Request for waivers of fees associated with Temporary Use Permit application by the Richardson Bay Audubon Center and Sanctuary (Planning Manager Dan Watrous) 5. Lyford Storm Drain Project — Authorize award of contract for Lyford Storm Drain Project to Trinet Construction, Inc. (Director of Public Works /Town Engineer Barnes) MOTION: To adopt Consent Calendar Item Nos. 1 through 5, as written. Moved: O'Donnell, seconded by Doyle Vote: AYES: Unanimous ACTION ITEMS Dairy Knoll Pathway — Consideration of Dairy Knoll Council Committee Recommendations Regarding Pathway and Possible Action and Direction (Town Engineer Barnes / Town Manager Curran) Town Manager Curran gave an abbreviated version of the written staff report, briefly covering the background of the project and some of ensuing challenges in undertaking the final element, the construction of a pathway to the new building. Curran said that after meeting with the Council's Dairy Knoll Committee, both the committee and staff recommended the following course of action at this time: 1. Direct the Town Manager to reject all bids for the Dairy Knoll Pathway Project; 2. Direct the Dairy Knoll Committee to review options for the pathway, returning to Council if it develops an alternative approach it wishes to recommend for consideration; and DRAFT Town Council Minutes #xx -2014 October 1, 2014 Page 2 3. Direct staff to rebid the project in January 2015 if no alternative approach has been approved by the Town Council. Mayor Fredericks asked if anyone from the public wished to comment on the item. There was no public comment. hi opening the Council discussion, Mayor Fredericks requested that the Committee make regular reports to the Council regarding reconsideration of options. Committee member O'Donnell shared his perspective on the project. He said that the pathway had been envisioned to cost around $35,000 two years ago and the costs were now close to $200,000, almost 10% of the entire project cost. He said this raised red flags for him and gave him pause for reconsideration. He said that the pathway might be reexamined; that his colleague, Jim Fraser, had suggested a "whole new mousetrap" approach. Mayor Fredericks said her understanding is that part of the costs was related to the negotiations with the Chandler's Gate homeowners. Town Manager confirmed this, stating that of the $200,000 referenced by Councilmember O'Donnell, $29,000 was the amount needed to survey the property (for access across it), acquisition of the property, as well as the installation of a fence the homeowners required to maintain their privacy. She said staff continued to work with the homeowner's association to seek a more cost effective fence solution. Curran went on to say that initially the pathway was conceived to simply go up to the existing service road, but that the location had changed during the negotiations with Chandler's Gate. She said that because the homeowners wanted to direct users of the path away from their property, it forced the pathway to a steeper portion of the adjoining property. In addition, she said that the steepness of the slope had increased after grading and construction of the Dairy Knoll building. Councihmember Fraser agreed that the pathway needed a "clean slate" approach and said at the meeting of The Ranch Committee last week, he and committee members Bob McCaskill of Belvedere and Jerry Riessen of Tiburon had walked the area to look at the existing roadway which seemed like it might offer a good solution. Fraser suggested that the service road might be used on an interim basis while the project was sorted out. He asked Director Barnes to look into making some minimal improvements for inclement weather, such as adding gravel in certain areas. Councilmember Fraser also asked if the bidders list might be expanded to include areas farther afield from Marin County. He said that when he reviewed the $8,000 bid component for conduit and lighting, he thought surely this was a "Tiburon" premium price. He also suggested that some local contractors might be invited to bid, and that they might in fact shave some of their profit in order to make a contribution to the community. DRAFT Town Council Minutes #xx -2014 October 1, 2014 Page 3 Finally, Councilmember Fraser suggested that the Town seek the support of its partner, the City of Belvedere, in helping to offset the costs of completing this project. Councilmember Tollini asked whether The Ranch had entertained any second thoughts about requiring the pathway to terminate at the front of the building; also whether they had considered contributing to the project. She, too, asked if there were any other [design] options for the pathway. Mayor Fredericks commented that if the Town sought to support the Ranch in its mission to be self - supporting, making any additional contributions at this time might be difficult. MOTION: To adopt staffs recommendations to reject all bids for the pathway project, as outlined above and in the written in the staff report. Moved: Tollini, seconded by O'Donnell Vote: AYES: Unanimous PUBLIC HEARINGS None. TOWN COUNCIL REPORTS Councilmember O'Donnell said that the bus subsidy subcommittee was meeting tomorrow. TOWN MANAGER'S REPORT Town Manager Curran said that a member of the McKegney family had contacted the Town to see if we would like to have, on a "long term loan" basis, a sculpture by Mark di Suvero for the McKegney Green or Blackie's Pasture area. She showed a photograph of the sculpture which she reported was 55 feet high. Curran asked if the Council wished to consider the request on a future agenda, or if she should graciously decline due to the difficulty of placing such a large piece in a public park. As no member of the Council requested the matter return for further consideration, Manager Curran said she would send a note to the family thanking them for their very generous offer. WEEKLY DIGESTS • Town Council Weekly Digests September 19 and September 26, 2014 DRAFT Town Council Minutes #xx -2014 October 1, 2014 Page 4 I\ 018111NCI5 IDIO Y There being no further business before the Town Council of the Town of Tiburon, Mayor Fredericks adjourned the meeting at 7:52 p.m. ALICE FREDERICKS, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK DRAFT Town Council Minutes 9= -2014 October 1, 2014 Page 5 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed L� BACKGROUND Mayor and Members of the Town Council Administrative Services Department Investment Summary – September 2014 0— Town Council Meeting November 5, 2014 Agenda Item: CC- Pursuant to Government Code Section 53601, staff is required to provide the Town Council with a report regarding the Town's investment activities for the period ended September 30, 2014. ANALYSIS September 2014 Agency Investment Amount Interest Rate Maturity Town of Tiburon Local Agency $19,257,080.20 0.246% Liquid Fund (LAIF) Housing note to $ 800,000.00 0.260% Based on Town Manager Contract Money Market $ 100,000.00 0.10% Liquid (Bank of Marin Note to Former $ 0 5.55% June 1, 2017 Town Employee Total $20,157,080.20 The total funds invested at the end of the prior month were $20,318,427.11, therefore the Town's investments decreased $161,346.91 in September 2014. In September, the note to a former Town employee was paid off and will no longer be reflected in future investment summary reports. FINANCIAL IMPACT No financial impact occurs by accepting this report. The Town continues to meet the priority principles of investing – safety, liquidity and yield in this respective order. RECOMMENDATION Staff recommends that the Town Council: Move to accept the Investment Summary for September 2014 Prepared By: Heidi Bigall, Director of Administrative Services 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 Clerk Town Council Meeting November 5, 2014 Agenda Item: Recommendation to Adopt Resolution for 2014 Business Citizen of the Year Angel Island Ferry President and CEO Maggie McDonogh is the recipient of the 2014 Tiburon Peninsula Chamber of Commerce Business Citizen of the Year award. She is being recognized for her contributions to the community in providing local ferry service to Angel Island, for always responding to emergencies in the Bay, such as ferrying firefighters to and evacuating residents from the island in 2008, for rescuing kayakers and boaters in distress, for sustaining the last family -owned ferry business in California, and for her beloved Sunset Cruises enjoyed by tourists and residents alike over the years. Captain McDonogh was recognized at the 21th Annual Spirit of Marin Awards luncheon in September, and she will be presented with the Town's resolution at a luncheon on November 12, 2014 at the San Francisco Yacht Club. RECOMMENDATION Staff recommends that the Council adopt the resolution commending and congratulating Captain Maggie McDonogh upon her selection as the 2014 Tiburon Peninsula Chamber Business Citizen of the Year. Exhibit: Prepared By: Resolution Diane Crane Iacopi, Town Clerk TOWN OF TIBURON PAGE 1 OF 1 DRAFT Resolution No. XX -2014 A Resolution of the Town Council of the Town of Tiburon Commending Angel Island- Tiburon Ferry President & CEO Maggie McDonogh upon her selection as the Tiburon Peninsula Chamber of Commerce 2014 Business Citizen of the Year WHEREAS, Maggie grew up in Mill Valley but spent her youth in Tiburon on the ferry with her father, Milt McDonogh, who founded the Angel Island ferry business in 1959; WHEREAS, in addition to boat maintenance skills, Maggie learned many important life lessons from her father; primary among them is that not all returns on investments are financial — Maggie says that to be able to meet people and make them happy is an enrichment all its own; WHEREAS, Maggie earned a degree from Dominican College and shortly thereafter, she joined her father on the well -known Sunset Cruises which have become a special feature of life on the Tiburon Peninsula, bringing the joy of being on the water to countless residents and visitors alike; WHERAS, Maggie became a captain in her own right and is now the President and CEO of Angel Island Ferry, the last remaining family -owned and operated ferry service in California; WHEREAS, as a "hands on" employer, Maggie never hesitates to do a job and lend a hand in business and in life; and she, along with her crew, have been recognized for their heroic acts on land and sea, most recently by the American Red Cross in 2012 for rescuing a capsized kayaker, and by the Town of Tiburon for her quick response in ferrying firefighters and evacuating residents in the fast - moving Angel Island Fire of 2008; WHEREAS, Maggie was named the North Bay Business Woman of the Year in 2012; and she was presented with the 215` annual Spirit of Marin award in September of 2014; NOW, THEREFORE, the Town Council hereby commends Maggie upon her well- deserved selection as the Chamber's 2014 Business Citizen of the Year, and expresses its sincere appreciation to Captain Maggie and the Angel Island Ferry for contributing so much to the quality of life in the Town of Tiburon. PASSED AND ADOPTED at a regular meeting of the Town Council on November 5, 2014 by the following vote: COUNCILMEMBERS: AYES: ALICE FREDERICKS, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Department of Public Works Town Council Meeting November 5, 2014 Agenda Item: Subject: Recommendation to Award a Design Contract to Coastland Civil Engineering and a Construction Management Contract to Green Valley Consultant Engineers for the 2015 Various Streets Project Reviewed By: BACKGROUND The 2014/15 Capital Improvement Program (CIP) includes a project for major maintenance of Town roadways. This project is funded at $750,000 this fiscal year. Staff has selected the roadway segments in the table below for an overlay project. Given the condition of the roadways, a thorough design is needed, including evaluation of existing sub -base conditions. Plans and specifications must be developed and formally bid. Construction management will include inspection and material testing. On September 29, 2014, staff requested proposals from engineering firms for the design and construction management of this project. Staff received four proposals on October 21, 2014. "" 4" 6169 G9 Staff evaluated the proposals and selected Coastland Civil Engineering for the design work and Green Valley Consultant Engineers for the construction management work. The proposed cost for the design work is $86,787. The proposed cost for the construction management is $70,620. The actual construction will span the change in fiscal years. The majority of the construction inspection costs will occur in the next fiscal year. The additional construction management costs will be budgeted in the next fiscal year, per the five -year CIP. TOWN OF TIBURON PAGE 1 OF 2 Roadway Length Width Area Road From To PCI Classification Lanes (ft) (ft) (SF) Lyford Tiburon Round 10 Collector 2 1,100 36 39,600 Drive Blvd Hill Rd Rock Hill Tiburon Del Mar 19 Collector 2 751 37 27,787 Drive Blvd Hawthorne East End Rock Hill 48 Local 2 360 20 7,200 Drive Hawthorne Rock Hill West End 18 Local 2 1,160 27 31,320 Drive I 1 Given the condition of the roadways, a thorough design is needed, including evaluation of existing sub -base conditions. Plans and specifications must be developed and formally bid. Construction management will include inspection and material testing. On September 29, 2014, staff requested proposals from engineering firms for the design and construction management of this project. Staff received four proposals on October 21, 2014. "" 4" 6169 G9 Staff evaluated the proposals and selected Coastland Civil Engineering for the design work and Green Valley Consultant Engineers for the construction management work. The proposed cost for the design work is $86,787. The proposed cost for the construction management is $70,620. The actual construction will span the change in fiscal years. The majority of the construction inspection costs will occur in the next fiscal year. The additional construction management costs will be budgeted in the next fiscal year, per the five -year CIP. TOWN OF TIBURON PAGE 1 OF 2 Town Council Meeting November 5, 2014 FINANCIAL IMPACT The current CIP includes $650,000 for the construction of the roadway overlays. It also includes $100,000 for the design and construction management. This is sufficient funding for work occurring in this fiscal year. RECOMMENDATION Staff recommends that the Town Council: 1. Move to approve the award of contract for the design of the 2015 Various Streets Overlay Project to Coastland Civil Engineering in an amount not to exceed $86,787. 2. Move to approve the award of contract for the construction management of the 2015 Various Streets Overlay Project to Green Valley Consultant Engineers in an amount not to exceed $70,680. 3. Allow the Town Manager the flexibility to increase the design contract by 15% as a contingency to cover any design issues that are not now readily apparent. Prepared By: Patrick Barnes, Director of Public Works/Town Engineer TOWN OF TIBURON PAGE 2 OF 2 To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Office of the Town Attorney Town Council Meeting November 5, 2014 Agenda Item: CC -,s Subject: Recommendation to Approve Resolution Authorizing Reconveyance of Deed ofgainst 7 Marsh Road Reviewed By: In 1987, the Town loaned $89,500 to then -Town Clerk Terry Hennessy for the purchase of a below market rate unit in the Marsh section of the Point Tiburon project. The 30 -year note was secured by a deed of trust in favor of the Town. Ms. Hennessy has now repaid the loan in full and has asked the Town to execute a reconveyance of its security interest. The proposed resolution would authorize the Town Manager to execute the deed of reconveyance and any other documents required for the Town to reconvey its interest. FINANCIAL IMPACT None. RECOMMENDATION Staff recommends that the Town Council: Move to approve a Resolution authorizing the Town Manager to execute the Reconveyance Deed. Exhibits: 1. Draft Resolution 2. Reconveyance Deed Prepared By: Ann Danforth, Town Attorney TOWN OF TIBURON PAGE 1 OF 1 RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AUTHORIZING THE EXECUTION AND RECORDATION OF A DEED RECONVEYING THE TOWN'S DEED OF TRUST SECURITY INTEREST IN 7 lu rMlRi 16 W117:\ 1 Findings of Fact. A. Therese M. Hennessy ( "Trustor ") is the owner of that certain property located at 7 Marsh Road in Tiburon, California ( "Property "). This property is more particularly described in the draft Reconveyance, which is attached hereto as Exhibit A and incorporated herein by reference. B. The Trustor purchased the Property subject to a Deed of Trust dated June 29, 1987 ("Deed of Trust "), which secured a promissory note in the Town's favor in the amount of eighty-nine thousand five hundred dollars ($89,500) ("Note "). The Note, dated July 2, 1987, provided for full payment principal and interest on or before July 2, 2017. C. The Trustor has repaid the all principal and interest due under the Note and has asked the Town to reconvey its interest under the Deed of Trust. . 2. Resolution. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon that the Town of Tiburon approves and authorizes the Town Manager to sign the Reconveyance and any other documents necessary and appropriate to release its security interest in the Property including, without limitation, a certificate of acceptance. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on November 5, 2014 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ALICE FREDERICKS, MAYOR Town of Tiburon ATTEST: DIANE CRANE IACOPI, TOWN CLERK RECORDING REQUESTED BY: Therese M. Hennessy WHEN RECORDED MAIL TO: NAME: Therese M. Hennessy ADDRESS: 7 Marsh Road CITY: Tiburon STATE /ZIP: CA 94920 Title Order No.: Space Above This Line For Recorder's Use Loan No.: FULL RECONVEYANCE THE TOWN OF TIBURON a Municipal corporation, as Trustee under a Deed of Trust executed by Therese M. Hennessy I as Trustor(s), dated June 29 1987 and recorded on July 7 1987 as Instrument No. 87 -45532 in Book , Page of Official Records, in the Office of the County Recorder of Marin County, describing the properly therein as follows (Assessor's Parcel No. 58- 171 -72 ): See Exhibit 1, which is attached hereto and incorporated herein by reference, having received from the holder of the obligations thereunder a written request to reconvey, reciting that all sums secured by said Deed of Trust have been fully paid, and said Deed of Trust and the note or notes secured thereby having been surrendered to said Trustee for cancellation, does hereby reconvey to the person or persons legally entitled thereto, without warranty, all the estate, title and interest acquired and now held by said Trustee in said Deed of Trust. Dated: DESCRIPTION All that certain real property situate in the City of Tiburon, County of Marin, State of California, described as follows: PARCEL ONE UNIT No. 27, as shown and defined on that certain Condominium Plan recorded May 1, 1987 as Recorder's Serial No. 87- 29234, Marin County Records, and as defined and limited in the Declaration of Restrictions recorded May 1, 1987 as Recorder's Serial No. 87- 29235, Marin County Records. PARCEL TWO AN UNDIVIDED 1/34th interest as Tenants in Common in and to the Common Area, designated Lot 9, as shown upon that certain map entitled, "Point Tiburon, in the Town of Tiburon, Marin County, California ", filed for record February 16, 1984 in Volume 19 of Maps, at Page 4, Marin County Records, and as shown and defined on the Condominium Plan referred to herein and as defined and limited by the Declaration of Restrictions referred to herein. RESERVING THEREFROM the following: 1.) Exclusive Easements for maintenance and use of roof or balcony or deck overhangs and for use and enjoyment of areas and parking spaces which are restricted for the• use of individual condominium units in the project, as more fully set forth in the above mentioned Declaration of Restrictions. 2.) Easements through said Unit, appurtenant to the Cocoon Area and all other Units for support and repair of the Common Area and all other units; and 3.) Easements appurtenant to the Common Area, for encroachment upon the air space of the Unit by those portions of the Common Area located within the Unit. PARCEL THREE 1.) A non - exclusive easement for ingress, egress and support through the Common Area as shown upon the filed map referred to herein and as shown and defined on the Condominium Plan referred to herein. 2.) Exclusive easements for use, of the areas designated as $53 for parking, as shown and defined on the Condominium Plan referred to herein. State of California ) County of On before me— a Notary Public (here insert name and title of the officer), personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal, (Seal) TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Town Staff Town Council Meeting November 5, 2014 Agenda Item: k7. 10-2 / Recommendation to Adopt Resolution Amending the Town's Encroachment Pero Policy Earlier this year, the Town Council heard an appeal involving the Town's Encroachment Permit Policy, originally adopted in 2010, regarding property at 1897 Mar West Street. At the conclusion of the appeal hearing, the Council directed staff to return at a future meeting with amendments to the Policy that would offer more flexibility in the review and approval of similar applications proposing encroachments on Town land and right -of -way. ANALYSIS The key change to the Policy is in Section C -5 (Allowable Purposes). The proposed amendments to that section broaden the opportunities to grant an encroachment permit, especially those permits involving parking that would be required by code for a new use. A corresponding amendment to Section D -1 (Impermissible Purposes) is also proposed. Additional proposed amendments to the Policy include a new Section F (Encroachment Permit Application Requirements) amplifying the requirements set forth in Chapter 19 and allowing for independent review at the discretion of the Town Engineer when circumstances warrant such review. A redlined version of the Policy is included in Exhibit 1. Staff has also updated the standardized Memorandum of Encroachment Permit Conditions (an attachment to Exhibit 2) that is recorded with approval of the most substantive encroachment permits. RECOMMENDATION Staff recommends that the Council adopt the resolution (Exhibit 2) amending the Policy. 1. Proposed policy with amendments shown in redlined format. 2. Draft Resolution with policy in final format. Prepared By: Scott Anderson, Director of Community Development TOWN OF TIBURON PAGE I OF 1 Draft Revised Encroachment Permit Policy (with proposed amendments shown in redlined format) A. Definitions For the purposes of this Resolution, the meaning of words and phrases, including without limitation, Town streets, street right -of -ways, Town -owned land and other Town interests in real property (including easements), shall be as set forth or used in Title V, Chapter 19, of the Tiburon Municipal Code. B. General Provisions The Town shall have discretion to revoke any encroachment permit at any time. No encroachment permit shall grant any private property owner a permanent right to perform work in or use the area subject to the encroachment permit. The Town may, in its discretion, grant an encroachment permit allowing access from private property to the public right -of -way, provided that the Town shall condition any such encroachment permit as it deems appropriate to manage or enhance the public right -of -way. The Town is not responsible for the cost of altering, modifying, or removing any such encroachment if it deems such alteration, modification, or removal is warranted. C. Allowable Purposes For the following purposes, and only if the Town finds that the encroachment will serve public safety or welfare, the Town may issue encroachment permits for work within, upon, or beneath Town streets, street right -of -ways, and other Town interests in real property (including easements). Said permits shall contain conditions that shall include, without limitation, revocation at the Town's discretion. 1. To allow access to private property for entry /egress purposes. 2. To allow applicants to install, build or replace sidewalks, curbs and gutters and curb cuts. 3. To allow applicants to install, maintain, or replace landscaping, within the parameters of this policy. 4. To allow applicants to maintain, repair or replace previously lawfully - installed encroachments. 5. To accommodate fege4ed- parking that the Municipal Code would require for a new use of the type associated with the encroachment permit . where the Town finds that (a) the applicant cannot feasibly locate such parking on private property; er (b) the public safety or welfare is better served by allowing such parking to encroach:_. (c) a substantial and material public safety benefit will result in that a substandard safety- related public street condition (such as inadequate width or sight distance) in the proiect's public street frontage will be made standard or significantly improved. and d) the physical extent of the encroachment is minimized to the extent feasible. EXHIBIT NO. I 6. To allow applicants the opportunity to secure approval for existing encroachments that the applicant cannot prove were lawfully installed and that are consistent with this policy and Title V, Chapter 19 of the Tiburon Municipal Code. 7. To allow applicants to drain their properties of storm water in a controlled fashion acceptable to the Town Engineer. 8. To allow utility companies to perform necessary work. 9. To allow Town contractors and/or service providers to perform authorized work. 10. To allow community groups to perform authorized work, either using volunteers or contractors. 11. To allow applicants to position a debris box or portable moving box for temporary construction, storage or moving purposes, where such placement will not unreasonably impede traffic circulation and pedestrian safety or otherwise be detrimental to public safety or welfare. 12. To allow a limited and controlled amount of equipment and material associated with permitted building construction activity. 13. To allow permitted special events with civic purpose and benefit. 14. To allow applicants temporary relief from unusually severe topographic or other physical circumstances that result inereate practical hardships to the creation of proper access to or improvement of private property in the absence of the encroachment. 15. To allow control of invasive or fire -prone plants, for fire prevention or other purposes of public benefit. D. Impermissible Purposes Encroachment permits for work within, upon, or beneath Town streets, street right -of -ways, and other Town interests in real property (including easements) should not be issued in the following instances: 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.. -, except as may be authorized under Section C.5 above. 2. Encroachments that would block, impede, or discourage public use or access over an area determined by the Town Engineer to be appropriate and suitable for public use or access either at present or in the foreseeable future. 3. Encroachments that in the judgment of the Town Engineer are not necessary or appropriate to serve one of the allowable purposes listed in Section C above. E. Duration. Encroachment permits shall contain conditions of approval to restrict the duration of the encroachment to a reasonable time necessary to accomplish the purpose thereof. Except where the Town grants the permit pursuant to Sections C.1, C.2, C.3, C.4, C.5, C.6 or C.7, above, or as provided in E.2, the Town will allow only temporary encroachments. RI 2. Notwithstanding Section E.1, the Town shall have discretion to issue a permit for a long- term encroachment if it finds that the encroachment is necessary for public safety reasons or that the encroaching improvement will have a long -term public benefit commensurate with the private benefit to the permit holder. 3. The conditions of approval for any permit for a long -term encroachment shall include, without limitation, the following conditions of approval: a. By acceptance of the permit and construction of the improvements or performance of the work, the permittee agrees to indemnify, defend and hold the Town harmless from any claims, losses, litigation or other liabilities that may arise from the permittee's performance of the work, construction and maintenance of said improvements and removal of the improvements. b. The permittee shall execute a Memorandum of Encroachment Permit Conditions, using the form attached hereto as Exhibit 1 and incorporated herein by reference, which the Town shall record in the County of Marin's Recorder's Office. If the subject project requires a building permit, the Town must record the Memorandum of Encroachment Permit Conditions before the Town issues said building permit. For all other projects, the Town must record the Memorandum of Encroachment Permit Conditions before the permittee enters onto the Town's property to perform work pursuant to the encroachment permit. EF. Encroachment Permit Application Requirements 1. All applications for an encroachment permit shall include the following: a. Detailed drawings and narrative describing the work that will be performed on Town property. b. Any reports or analyses that the Town Engineer determines are necessary to evaluate the proposed encroachment. c. If the application is for a permanent encroachment. the Town Engineer shall also have discretion to require reports or analvses establishing that the encroachments can be removed without damage to adioining properties or structures. 2. The Town Engineer shall have discretion to determine that the application drawings and /or materials require independent review by an outside consultant or consultants. either before accepting the application or during the processing thereof. The Town Engineer may charge and collect the estimated cost of any special reports or consultant fees that he determines are required to process the application. Any actual cost that is more than the estimated cost collected shall be paid by the applicant prior to the issuance of the permit. and any collected estimated costs that exceed the actual costs shall be returned to the applicant at the time of issuance of the permit. or within sixty days of permit issuance. G. Fee Waivers The Town Council hereby authorizes the Town Engineer to waive application and/or processing fees, in whole or in part, for certain encroachment permits in the circumstances listed below. 3 1. Where the applicant is a non -profit corporation or one or more citizens seeking permission to perform work for the benefit of the public, the Town Engineer may waive fees to an extent commensurate with the public benefit. 2. Where the applicant is a contractor performing work for the Town, the Town Engineer may waive the fee in its entirety. 3. When permits are deemed, at the discretion of the Town Engineer, in support of the public benefit. I�■ RESOLUTION NO. -2014 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING THE TOWN'S POLICY REGARDING THE ISSUANCE OF ENCROACHMENT PERMITS PURSUANT TO TITLE V, CHAPTER 19 OF THE TIBURON MUNICIPAL CODE WHEREAS, the Town's Municipal Code contains regulations regarding encroachment permits for work proposed in Town streets, street right -of -ways and other Town interests in real property (including easements) Title V, Chapter 19; and WHEREAS, said Chapter 19 establishes definitions and procedures for the review, issuance, conditioning and revocation of encroachment permits but does not set forth policy direction for the benefit of Town decision - makers as to the appropriateness of various requests for encroachment into said areas; and WHEREAS, in 2010, the Town Council adopted Resolution No. 16 -2010, to restrict the granting of encroachment permits and to prohibit permanent encroachments that would effectively convert Town property to private use and private benefit, rather than for the use and benefit of the Town and the general public; and WHEREAS, the Town Council has found that in a very few cases, a permanent encroachment may abate or ameliorate an existing public health and safety risk and therefore wishes to establish an exception for such cases; and NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby amend the policy adopted in Resolution No. 16 -2010 by adopting the following amended policy with respect to encroachment permits issued pursuant to Title V, Chapter 19 of the Tiburon Municipal Code, to read as follows. Encroachment Permit Policy A. Definitions For the purposes of this Resolution, the meaning of words and phrases, including without limitation, Town streets, street right -of -ways, Town -owned land and other Town interests in real property (including easements), shall be as set forth or used in Title V, Chapter 19, of the Tiburon Municipal Code. B. General Provisions The Town shall have discretion to revoke any encroachment permit at any time. No encroachment permit shall grant any private property owner a permanent right to perform work 1 Tiburon Town Council Resolution No. XX -2014 Adopted -4- 42014 EXHIBIT NO.� in or use the area subject to the encroachment permit. The Town may, in its discretion, grant an encroachment permit allowing access from private property to the public right -of -way, provided that the Town shall condition any such encroachment permit as it deems appropriate to manage or enhance the public right -of -way. The Town is not responsible for the cost of altering, modifying, or removing any such encroachment if it deems such alteration, modification, or removal is warranted. C. Allowable Purposes For the following purposes, and only if the Town finds that the encroachment will serve public safety or welfare, the Town may issue encroachment permits for work within, upon, or beneath Town streets, street right -of -ways, and other Town interests in real property (including easements). Said permits shall contain conditions that shall include, without limitation, revocation at the Town's discretion. 1. To allow access to private property for entry /egress purposes. 2. To allow applicants to install, build or replace sidewalks, curbs and gutters and curb cuts. 3. To allow applicants to install, maintain, or replace landscaping, within the parameters of this policy. 4. To allow applicants to maintain, repair or replace previously lawfully - installed encroachments. 5. To accommodate parking that the Municipal Code would require for a new use of the type associated with the encroachment permit , where the Town finds that (a) the applicant cannot feasibly locate such parking on private property; (b) the public safety or welfare is better served by allowing such parking to encroach; (c) a substantial and material public safety benefit will result in that a substandard safety- related public street condition (such as inadequate width or sight distance) in the project's public street frontage will be made standard or significantly improved; and d) the physical extent of the encroachment is minimized to the extent feasible. 6. To allow applicants the opportunity to secure approval for existing encroachments that the applicant cannot prove were lawfully installed and that are consistent with this policy and Title V, Chapter 19 of the Tiburon Municipal Code. 7. To allow applicants to drain their properties of storm water in a controlled fashion acceptable to the Town Engineer. 8. To allow utility companies to perform necessary work. 9. To allow Town contractors and/or service providers to perform authorized work. 10. To allow community groups to perform authorized work, either using volunteers or contractors. 11. To allow applicants to position a debris box or portable moving box for temporary construction, storage or moving purposes, where such placement will not unreasonably impede traffic circulation and pedestrian safety or otherwise be detrimental to public safety or welfare. 12. To allow a limited and controlled amount of equipment and material associated with permitted building construction activity. 13. To allow permitted special events with civic purpose and benefit. Tiburon Town Council Resolution No. XX -2014 Adopted 442014 14. To allow applicants temporary relief from unusually severe topographic or other physical circumstances that result in practical hardships to the creation of proper access to or improvement of private property in the absence of the encroachment. 15. To allow control of invasive or fire -prone plants, for fire prevention or other purposes of public benefit. D. Impermissible Purposes Encroachment permits for work within, upon, or beneath Town streets, street right -of -ways, and other Town interests in real property (including easements) should not be issued in the following instances: 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, except as may be authorized under Section C.5 above. 2. Encroachments that would block, impede, or discourage public use or access over an area determined by the Town Engineer to be appropriate and suitable for public use or access either at present or in the foreseeable future. 3. - Encroachments that in the judgment of the Town Engineer are not necessary or appropriate to serve one of the allowable purposes listed in Section C above. E. Duration. Encroachment permits shall contain conditions of approval to restrict the duration of the encroachment to a reasonable time necessary to accomplish the purpose thereof. 1. Except where the Town grants the permit pursuant to Sections C.1, C.2, C.3, C.4, C.5, C.6 or C.7, above, or as provided in E.2, the Town will allow only temporary encroachments. 2. Notwithstanding Section E.1, the Town shall have discretion to issue a permit for a long- term encroachment if it finds that the encroachment is necessary for public safety reasons or that the encroaching improvement will have a long -term public benefit commensurate with the private benefit to the permit holder. 3. The conditions of approval for any permit for a long -term encroachment shall include, without limitation, the following conditions of approval: a. By acceptance of the permit and construction of the improvements or performance of the work, the permittee agrees to indemnify, defend and hold the Town harmless from any claims, losses, litigation or other liabilities that may arise from the permittee's performance of the work, construction and maintenance of said improvements and removal of the improvements. b. The permittee shall execute a Memorandum of Encroachment Permit Conditions, using the form attached hereto as Exhibit 1 and incorporated herein by reference, which the Town shall record in the County of Marin's Recorder's Office. If the subject project requires a building permit, the Town must record the Memorandum of Tiburon Town Council Resolution No. XX -2014 Adopted - 442014 Encroachment Permit Conditions before the Town issues said building permit. For all other projects, the Town must record the Memorandum of Encroachment Permit Conditions before the permittee enters onto the Town's property to perform work pursuant to the encroachment permit. F. Encroachment Permit Application Requirements 1. All applications for an encroachment permit shall include the following: a. Detailed drawings and narrative describing the work that will be performed on Town property. b. Any reports or analyses that the Town Engineer determines are necessary to evaluate the proposed encroachment. c. If the application is for a permanent encroachment, the Town Engineer shall also have discretion to require reports or analyses establishing that the encroachments can be removed without damage to adjoining properties or structures. 2. The Town Engineer shall have discretion to determine that the application drawings and/or materials require independent review by an outside consultant or consultants, either before accepting the application or during the processing thereof. The Town Engineer may charge and collect the estimated cost of any special reports or consultant fees that he determines are required to process the application. Any actual cost that is more than the estimated cost collected shall be paid by the applicant prior to the issuance of the permit, and any collected estimated costs that exceed the actual costs shall be returned to the applicant at the time of issuance of the permit, or within sixty days of permit issuance. G. Fee Waivers The Town Council hereby authorizes the Town Engineer to waive application and/or processing fees, in whole or in part, for certain encroachment permits in the circumstances listed below. 1. Where the applicant is a non -profit corporation or one or more citizens seeking permission to perform work for the benefit of the public, the Town Engineer may waive fees to an extent commensurate with the public benefit. 2. Where the applicant is a contractor performing work for the Town, the Town Engineer may waive the fee in its entirety. 3. When permits are deemed, at the discretion of the Town Engineer, in support of the public benefit. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on , 2014, by the following vote: Tiburon Town Council Resolution No. XX -2014 Adopted -4- 42014 AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Attachment: Exhibit 1 (Memorandum of Encroachment Permit Conditions) Tiburon Town Council Resolution No. XX -2014 Adopted - -/- -/2014 TOWN OF TIBURON MEMORANDUM OF ENCROACHMENT PERMIT CONDITIONS This MEMORANDUM OF ENCROACHMENT PERMIT CONDITIONS is made and executed at California, this day of 20_, by ( "Owner "). RECITALS 1. Owner is the owner (or owners) of that real property located at Tiburon, California. 2. On ' Owner filed with the Town of Tiburon, a municipal corporation ( "Town "), an application for encroachment permit for the construction or installation of the improvements described in Exhibit A, which is attached hereto and incorporated herein by reference. 3. Owner proposed to construct or install said improvements on the public right -of -way or other Town -owned land at [describe area where encroachment is approved with street name, address, assessor parcel number, or appropriate adjacency] 4. On , Town granted a revocable encroachment permit (No. ) ( "Permit ") to Owner allowing the construction or installation of said improvements subject to conditions of approval. The Permit and its conditions of approval ( "Permit Conditions ") are attached hereto as Exhibit B and incorporated herein by reference. The Permit Conditions require, among other things, that Owner maintain the improvements as safe, clean and serviceable and that Owner remove said improvements at Owner's sole expense if the Town requests such removal. NOW, THEREFORE, IN CONSIDERATION OF THE TOWN'S GRANT OF THE PERMIT, OWNERS ACKNOWLEDGE AND AGREE TO THE FOLLOWING: 1. The Permit does not grant the Owner any permanent rights to the encroachment. 2. The Town may revoke the Permit without cause, and all improvements are installed at the Owner's risk. Upon receipt by Owner of a written notice from the Town requesting Owner to remove said improvements, Owner will, exclusively at Owner's cost and expense and within one hundred twenty (120) days from receipt of said notice, remove or cause to be removed said improvements. Owner shall indemnify, defend and hold harmless the Town and its officials, employees, Exhibit 1 to Town Council Resolution No. -2014 agents and contractors, from any claims, losses, damages or other liabilities that may arise from the removal from said improvements. The obligation to defend is separate and distinct from the obligation to indemnify and hold harmless and shall apply even if neither the Town nor Owner is found liable for the aforesaid claims, losses, damages or other liabilities. 3. Any improvements installed on Town property must be designed and constructed so as to be removable without damage or undermining of land or structures on the Owner's property and on adjacent or nearby property. 4. Owner shall be responsible for the stability of the project site along the length of, and adjacent to, the encroachment. 5. Owner shall be responsible for any drainage conditions affected by the encroachment. 6. Upon the failure of Owner to comply with any of the Permit Conditions, the Town may declare said improvements to be a public nuisance and may take such action as may be authorized by law to abate said nuisance. In addition, the Town may use any and all other remedies authorized by the Town's Municipal Code or state law. 7. The Permit Conditions are covenants and servitudes running with the land and shall be binding upon Owner and successors, assignees, executors, administrators and personal representatives thereto. OWNER(S): Signature *: Print Name: Signature *: Print Name: *Notarization of signature required [This document to be recorded at the County ofMarin Recorder's Office] Exhibit 1 to Town Council Resolution No. -2014 EXHIBIT A Drawing of Approved Improvements [ATTACH APPROVED DRAWING IF SUITABLE FOR RECORDATION] or insert the following text: Exhibit A, the drawing dated , 20_, depicting the work approved in Town of Tiburon Encroachment Permit No. is of a size or nature that is not amenable to recordation. Exhibit A is available for public review in the Public Works Department of the Town of Tiburon, located at 1505 Tiburon Boulevard, Tiburon, California, during business hours. Exhibit 1 to Town Council Resolution No. -2014 EXHIBIT B Permit and Permit Conditions [document must be of suitable quality and clarity for recordation] Exhibit 1 to Town Council Resolution No. -2014