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Home My WebLink AboutTC Agd Pkt 2015-02-18TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 AGENDA Tiburon Town Council February 18, 2015 Regular Meeting — 7:30 p.m. Closed Session — 6:30 p.m. TIBURON TOWN COUNCIL CLOSED SESSION (6:30 P.M.) CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: dispute regarding 110 Gilmartin Building Permit. CALL TO ORDER AND ROLL CALL Councilmember Fraser, Councilmember Fredericks, Councilmember O'Donnell, Vice Mayor Tollini, Mayor Doyle ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, 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. • Presentation by Bartel Associates on California Public Employee Retirement System (PERS) actuarial and unfunded liability analyses (John Bartel, President) 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 January 21, 2015 regular meeting (Town Clerk CraneIacopi) 2. Zoning Ordinance Amendments - Adoption of ordinance amending Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code to include requirements for installation of Solar Energy Systems on newly -constructed single-family dwellings (Director of Community Development Anderson) 3. Zoning Ordinance Amendments - Adoption of ordinance amending Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code for the purpose of establishing a permit, procedures and standards for Junior Accessory Dwelling Units in single-family dwellings (Director of Community Development Anderson) 4. Standards for Junior Accessory Dwelling Units - Adoption of Standards for Review for Junior Accessory Dwelling Unit applications (Director of Community Development Anderson) 5. Town Manager Contract - Approval of Sixth Amendment to the Town's Manager's employment contract (Town Attorney Ann Danforth) 6. Animal Control Services - Adopt resolution affirming delegation of Marin County Animal Control Services program to the Marin General Services Authority (MGSA) - (Town Manager Curran) 7. Town Investment Summary - Accept January 2015 report (Director of Administrative Services Bigall) ACTION ITEMS 1. Town Mid -year Budget Review and Amendments -Accept amended budget report for first half of FY 2014-15 (Director of Administrative Services Bigall) - continued f rom February 4, 2015 PUBLIC HEARINGS 1. 2340 Paradise Drive - Consider appeal of Design Review Board approval of a site plan and architectural review for the construction of additions to an existing two-family dwelling (Community Development Department) Owners/Applicant: Julie Shumelda Appellants: Tracy and Peter Dempsey Address: 2340 Paradise Drive Assessor Parcel No.: 059-191-02 TOWN COUNCIL REPORTS TOWN MANAGER REPORT • Town Council Weekly Digests February 6 & 13, 2015 ADIOURNMENI 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 Doyle cal a regu eeting of the Tiburon Town Council to order at 7:30 p.m. on Wednes y, January 21, 2015, n Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, C ' 'a. ROLL CALL PRESENT: COUNCILMEMBERS: PRESENT: EX OFFICIO: Doyle, Fraser, Fredericks, O'Donnell, Tollini Town Manager Curran, Town Attorney Danforth, Director of Administrative Services Bigall, Director of Community Development Anderson, Director of Public Works/Town Engineer Barnes, Town Clerk Crane Iacopi Prior to the regular meeting, the Council met in closed session, beginning at 6 p.m., to discuss the following: CLOSED SESSION 11131.311to"I IQ116rd01191)711019TUM-01 [y5i7111*i1 (Section 54957) Titles: Town Manager CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) Mittelman v. Town of Tiburon (CIV 1404795) ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY Mayor Doyle said there was nothing to report from closed session. ORAL COMMUNICATIONS There was no public comment, however, Mayor Doyle spoke about what a "family" the Town is, both at a personal level in his case, as well as a staff level, and how the sudden, unexpected passi 'of,Planning Secretary Connie Cashman had affected everyone so deeply. DRAFT uncll Minutes #xx -2015 January 21, 2015 Page I Mayor Doyle praised Connie and said a few words about her. He said that Connie had served as the Planning Secretary for 14 years. He said she was well-read and astute, with a great sense of humor; also that she was a terrific proofreader. The Mayor said Connie loved sports, loved being a wife, mother and grandmother, and loved working for the Town. Mayor Doyle said we are so very sad to lose our co-worker and friend. CONSENT CALENDAR 1. Town Council Minutes —Adopt minutes of November 19, 2014 regular meeting (Town Clerk Crane Iacopi) 2. Town Council Minutes — Adopt minutes of December 3, 2014 regular meeting (Town Clerk Crane Iacopi) 3. Vacancies on Town Boards, Commissions and Committees — Announce pending vacancies in 2015 (Town Clerk Crane Iacopi) 4. Town Investment Summary — Adopt report for December 2014 (Director of Administrative Services Bigall) 5. Town Audit Report— Accept report for FY ending June 30, 2014 (Director of Administrative Services Bigall) 6. Retirement of Police Capt. Hutton — Adopt resolution commending Capt. David Hutton for 33 years of service upon his retirement from the Town of Tiburon (Police Chief Cronin) Retirement of Building Inspector Dailey — Adopt resolution commending Building Inspector George Dailey on his retirement from the Town of Tiburon (Director of Community Development Anderson) S. Annual Development Fee Report — Receive annual report on the status of the Town's Development Impact Fees pursuant to the California Government Code (Director of Community Development Anderson) 9. Street Impact Fees — Receive required five-year report of the Town's Street Impact Fees and adopt resolution making the required findings pursuant to California Government Code (Director of Community Development Anderson) Mayor Doyle asked if anyone wanted to remove an item from the Consent Calendar. Town Clerk Crane Iacopi said that a letter had arrived at 4:52 p.m. which had been placed on the Council dais as "Late Mail". Town Attorney Danforth noted that the author of the letter was Chris Skelton DRAFT Town Council Minutes #ax -2015 January 21, 2015 Page 2 from Riley Hurd's office, and said that his letter contained comments on Consent Calendar Item Nos. 8 and 9. Mayor Doyle removed these items for discussion. MOTION: To adopt Consent Calendar Item Nos. 1 through 7, as written. Moved: O'Donnell, seconded by Fraser Vote: AYES: Unanimous Consent Calendar 8. Annual Development Fee Report — Receive annual report on the status of the Town's Development Impact Fees pursuant to the California Government Code (Director of Community Development Anderson) 9. Street Impact Fees — Receive required five-year report of the Town's Street Impact Fees and adopt resolution making the required findings pursuant to California Government Code (Director of Community Development Anderson) Mr. Skelton addressed the Council. He said he spoke on behalf of the Petersons as well as out of personal interest. He said that the agenda items pertaining to fees were appropriate for public discourse, especially the Street Impact Fee. He said that this fee did not appear to be as reasonably related to costs as it could be. He suggested that the Council might want to explore other ways to calculate its cost recovery in order to bridge this analytical gap. As an example, Mr. Skelton said that a 12,000 square foot home that utilized cheap materials might represent more of an impact that a 3,000 square foot home that utilized high-end materials. Due to the way the fees are calculated by the Town (by permit valuation) the 3,000 square foot home might pay higher fees than the other home. Skelton thought it might be more appropriate to tie the impact to a data point, such as square footage. He said that the City of Sacramento, for instance, had looked at setting an arbitrary $5 per square foot valuation for projects. Councihnember O'Donnell asked whether Mr. Skelton was asking the Council to retroactively consider changing the Town's fee structure and ordinance for the benefit of the Petersons. Mr. Skelton replied, "not at all"; that he was "not allowed" to do so. But he said the Mitigation Fee Act requires the Town to make findings reasonably related to the impacts, and he offered by way of example the Peterson project, where calculating fees prospectively may not relate. Council added its comments to Item Nos. 8 & 9. Vice Mayor Tollini said that she would not object if the Council wished to discuss the matter fixrther, however, she said that tying the street impact fee to the project cost was more reasonably related, in her opinion. According to Tollini, a higher cost project is more likely to have more DRAFT Town Council Minutes ka -2015 January 21, 2015 Page 3 trucks and more people on the site, specific to the project. She said that a square footage valuation would not necessarily take into account the complexities of a high-end project. Councilmember Fredericks said that the Council had visited this issue before and had indicated its concurrence with the Town's fee structure and how it was determined. However, she said that a discussion item might be added to the upcoming retreat agenda, for an exploration of how other agencies handle their fee structure. Councilmember Fraser and Mayor Doyle said they agreed with their colleagues' commentary. MOTION: To adopt Consent Calendar Item Nos. 8 and 9, as written. Moved: Fredericks, seconded by O'Donnell Vote: AYES: Unanimous ACTION ITEMS 1. Town Council Board and Committee Assignments — Consider appointments to 2015 Town Council committees and board representation (Mayor Doyle) Mayor Doyle asked if any member of the Council wanted to make changes to their current committee assignments. Vice Mayor Tollini said she would like to serve on the Town's ad hoc budget committee. Councilmember Fredericks said she would step down in favor of Tollini, or if Councilmember O'Donnell was also stepping down, she would continue to serve. A consensus was reached that Vice Mayor Tollini and Councilmember O'Donnell would make up the 2015-16 budget committee. Councilmember O'Donnell said that he was unable to attend the Water Emergency Transit Authority Citizen's Advisory Committee meetings because they are held in San Francisco, during the regular workday. Town Manager Curran suggested that a local citizen representative might be appointed in lieu of a Councilmember. The Council concurred with this recommendation. [NOTE: Since the January 21 Council meeting, staff was informed by the WETA that the Citizen's Advisory Committee is no longer active and therefore no representation is required of the Town.] The Town Manager noted that the staff report also contained a recommendation to sunset various ad hoc committees — Peninsula Sirens and Lyford Drive Parking Lot, as well as add an ad hoc Attorney Search Committee, and the recommendation to add retired Capt. Dave Hutton to the roster as delegate to the Mann Emergency Radio Authority (MERA) on a volunteer basis, under the auspices of appointed representatives Chief Cronin and Vice Mayor Tollini. Council concurred with these recommendations. DRAFT Town Council Minutes #ax -2015 January 21, 2015 Page 4 MOTION: To adopt the Council Committee Appointments list, as amended. Moved: O'Donnell, seconded by Tollini Vote: AYES: Unanimous PUBLIC HEARINGS 1. 2015 Fee Schedules —Recommendation to adopt fee schedules for the Community Development Department and Public Works Department (Director of Community Development) In his report, Director Anderson said that Town staff is proposing revisions to the fee schedules used by the Community Development Department and by the Town Engineer/Public Works Department. He said the revisions are a mixture of fees for permit types not previously existing, increases in fees when warranted, updates of state and county -imposed fees, and changes to reflect new state law. Anderson said that these proposed revisions to the fee schedules are highlighted in the exhibits to the staff report. He noted that the fee schedules were most recently updated (with minor changes only) in January 2013. Councilmember Fredericks asked about the large initial fee for maps listed on page 1 of the schedule. Anderson explained that the change was to the initial fee for subdivision maps. He said that applicants are required to file a tentative map, and later a parcel map. He said staff recommended reversing the amount of the charges because in fact, there is more time spent during the review of parcel maps, rather than tentative maps, initially. Councilmember Fraser asked whether any of the proposed fee revisions were mandated by law. Anderson said that they were not mandated, rather some are set by the State (such as Fish & Game fees) for CEQA review. Anderson said that the other fee increases were included in the DPW schedules to reflect current hourly billing rates. Fraser said that he had two surprises recently concerning fees. By way of example, he said he wished to remove a dead cypress tree on his property and discovered that it would cost $925 to physically remove the tree, plus a $170 permit fee on top of that. Fraser wondered whether some of the fees might be "add-ons" or whether they were for work that is simply part of a staff member's job description. He went on to say that the Town is a fiscally responsible agency with a balanced budget, and that at the end of the day, "we're in the customer service business". He said he hears this comment from members of the public as well, particularly with regard to plan check fees, design review, and the like. Fraser said it seemed that we are charging people for "what we do" and that it seemed like an "a la carte" environment. Councilmember O'Donnell countered with the comment that many of the Town's fees are "user fees" and are necessary for a number of reasons. He gave an example of what if Fraser's neighbors objected to removal of the tree; then, the town would have to get involved on his behalf to review the matter. DRAFT Town Council Minutes #= -2015 January 21, 2015 Page 5 And other fees, like the per page copy fee, O'Donnell said was a way to pay for a staff member's time to copy a requested file. Mayor Doyle opened the public hearing. Chris Skelton said he agreed with Councilmember Fraser's comments and reiterated his statement that the Mitigation Fee Act says that fees cannot exceed the costs of the service you provide. He said the Town was not in the revenue -generating business, and that the Council should look at the data that supports its fees. He said if they are based on fees collected from past users, he said that he is not sure that material has been provided to support this. Councilmember O'Donnell clarified that fees are sometimes averaged out to recover costs. He said that sometimes the Town may be on the plus side, and sometimes it may be on the minus side, but it averages out. Councilmember Fredericks said that she was sure that what goes into the costing out of fees was done on a legal basis. Town Attorney Danforth said that Councilmember O'Donnell's comments were correct. She said that the Town was allowed by law to collect, over time, the amount of fees it needed to provide services and recover costs; she said these fees were recovered by department and then could be allocated. Mayor Doyle closed the public hearing. He said this was an interesting topic to discuss farther at the Town Council/staffretreat. MOTION: To adopt the updated Community Develop fee schedule resolution, and the updated Department of Public Works fee schedule resolution, as written. Moved: Fredericks, seconded by Tollini Vote: AYES: Unanimous 2. 2015 Hourly Billing Rate Schedule —Recommendation to Update Hourly Billing Rate Schedule for Town Personnel (Director of Community Development Anderson) Director Anderson said that the Town periodically reviews and updates its Hourly Rate Schedule for Town Personnel to reflect salary and benefit adjustments, as well as position changes. He said the hourly rate schedule was last updated in January 2008, seven years ago, and has not been updated since the recession. Anderson said the hourly rates set forth in the schedule represent the straight hourly cost to the Town of each employee in terms of salary and benefits. He said it is used to calculate recovery costs for individual staff hours spent on typical permit processing, research, or other tasks involving recoverable costs. He said that staff had prepared a draft resolution adopting the revised hourly rate schedule based on current positions, salaries and benefits. DRAFT Town Council Minutes #ax -2015 January 21, 2015 Page 6 Councilmember O'Donnell asked whether the hourly rates for Town staff were in line with other cities and towns in Mann. Town Manager Curran said that they were, by town policy, linked to regional salaries. Mayor Doyle opened the public hearing. There was no public comment. Mayor Doyle closed the public hearing. MOTION: To adopt revised hourly rate schedule resolution, as written. Moved: Fredericks, seconded by Fraser Vote: AYES: Unanimous 3. 110 Solano Street —Consider appeal of Planning Commission review of permit to operate a portion of an existing two-family dwelling as a Seasonal Rental Unit (Community Development Department) — continued to March 4, 2015 meeting Owners/Applicants: Courtney and Sandy Anderson Appellants: Cathy and Joe Haraburda Address: 110 Solano Street Assessor Parcel No.: 059-143-35 Councilmembers Fraser and O'Donnell reported on the Yellow Bus Challenge 2.0 committee. Fraser said that the results had been received from the Godbe survey and that the plan was to hold a public meeting on February 24 to present a plan to the community. He said Stacy Achuck was heading up the marketing committee (on behalf of the school district) and had done tremendous work, along with the other volunteers. Fraser He said that six [new] routes were planned and that Chief Cronin had been working very hard doing drive-arounds to study the proposed stops, lines of sight, and other important considerations. He said the presentation promised to be a good one. Councilmember O'Donnell said the only thing remaining was the cost, which would also be discussed at the meeting, for Council's approval. On another topic, Mayor Doyle said there was continuing interest in having a kayak launch ramp in town; also he had received a letter from "Fitness America" about providing fitness equipment at Blackie's Pasture. He said he would like to agendize these items for a future Council meeting. Councilmember Fredericks said they sounded like good items to discuss at the retreat. Mayor Doyle said he was hoping the Council might discuss them sooner. Councilmember Fraser said he, too, DRAFT Town Council Minutes #xx -2015 January 21, 2015 Page 7 would like to discuss these items sooner rather than later. Vice Mayor Tollini wanted to know more about the kayak launch area; Doyle said that it might even be a temporary structure. TOWN MANAGER REPORT None. WEEKLY DIGESTS • Town Council Weekly Digests January 9 & 16, 2015 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Doyle adjourned the meeting at 8:20 p.m. in memory of Connie Cashman. FRANK DOYLE, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK DRAFT Town Council Minutes #xx -2015 January 21, 2015 Page 8 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Community Development Department Town Council Meeting February 18, 2015 Agenda Item: ,—C^� Recommendation to Adopt Various Zoning Text Amendments Including Requirements for Photovoltaic Solar Systems on New Single Family Dwellings; Amendments to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code (Adoption of Ordinance) The Town Council held first reading of this ordinance following a public hearing at its meeting on February 4, 2015, and waived additional readings. The ordinance now comes to the Town Council for consideration of adoption. PROCEDURE This is a consent calendar item. The Council's motion to adopt this item on the consent calendar will constitute a motion to confirm the waiver of second reading from the previous meeting and adopt the ordinance. Each Councilmember's vote on the motion to approve this item on the consent calendar will constitute the equivalent of a roll call vote and will be recorded within the ordinance. Should any Councilmember choose to vote differently on this item than other items on the consent calendar, then the vote on this item should be taken separately from other items appearing on the Consent Calendar such that individual votes may be properly recorded. Should the Council wish to discuss the item, it must be removed from the Consent Calendar and voted upon separately. RECOMMENDATION Staff recommends that the Town Council approve the adoption of Ordinance No. 554 N. S., a draft of which is attached as Exhibit 11 as part of the Consent Calendar. I X1.4:11:3 bbl 1. Draft Ordinance No. 554 N. S. Prepared by: Scott Anderson, Director of Community Development TOWN OF TIBURON PAGE 1 OF 1 ORDINANCE NO. 554 N. S. (DRAFT) AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING MUNICIPAL CODE TITLE IV, CHAPTER 16 (ZONING) BY MAKING VARIOUS TEXT AMENDMENTS SECTION 1. FINDINGS. A. On January 14, 2015, the Planning Commission adopted Resolution No. 2015-01 recommending to the Town Council that various text amendments be made to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code. B. The Town Council held a duly noticed public hearing on February 4, 2015 and has heard and considered all public testimony on the proposed Ordinance. C. The Town Council finds that all notices and procedures required by law attendant to the adoption of this Ordinance have been followed. D. The Town Council finds that the amendment actions made by this Ordinance are necessary for the protection of the public health, safety, and welfare. E. The Town Council has found that the amendments made by this Ordinance are consistent with the goals and polices of the Tiburon General Plan and other adopted ordinances and regulations of the Town of Tiburon, and further the intent and purposes of General Plan goals and policies. F. The Town Council finds that adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Sections 15304 and 15305 of the CEQA Guidelines, as well as being exempt from CEQA under the "general rule", pursuant to Section 15061(b)(3) of the CEQA Guidelines. SECTION 2. ADOPTION OF AMENDMENTS TO MUNICIPAL CODE. Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code is amended as follows: (A) Section 16-21.030 (Table 2-1) is amended to read as shown in attached Exhibit "A". (B) Section 16-22.030(A)(2) is amended to add the following two uses to the list of conditionally -permitted uses at the end of that section: Supportive housing Transitional housing Tiburon Town Council Ordinance No. 554 N. S. Effective 4-12015 1 '0"MITIBIT NO. I (C) Section 16-40.080 is added to read as follows: Section 16-40.080. Photovoltaic Energy Generation System Required for Newly Constructed Single Family Dwellings. A. Purpose. The provisions of this section are intended to promote the conservation of natural resources and reduction of greenhouse gas emissions through the requirement to install photovoltaic energy generation systems on all newly -constructed single family dwellings. B. When required. All newly -constructed single-family dwellings require the installation of a photovoltaic energy generation system with the capacity described in Section C below. This requirement does not apply to "remodel" projects as described in section 16-52.020(x) that qualify as "new construction", as defined by section 16- 100.020 (N), but applies only to new single family dwellings; e.g., those proposed to be constructed from the ground up. C. Required system size. The minimum size of a photovoltaic energy generation system required under this section may be calculated using either of the following methods: Prescriptive method. The minimum system size utilizing the prescriptive method is two watts per square foot of gross floor area of the building. Watts are calculated using the nameplate rating of the photovoltaic system. There shall be no considerations for performance factors, such as tilt, orientation, shading or tariffs. 2. Performance method. The system sizing for the performance method shall be calculated using modeling software or other methods approved by the Building Official. The total building load, including all gross floor area, shall be calculated in kilowatt hours. The system annual output shall be calculated by factoring in system orientation, tilt, shading, local weather conditions and equipment efficiency. The system shall offset at least seventy-five percent of the electrical load of the building on an annual basis. Methods of renewable electrical energy production other than photovoltaic energy generation systems for the new dwelling, including but not limited to use of renewable resources or installation of new photovoltaic energy generation systems for in -ground swimming pools, may be included or substituted in satisfying the total requirement for the new dwelling and its appurtenant structures and facilities. Tiburon Town Council Ordinance No. 554 N. S. Effective 4--/2015 (D) (E) (F) D. Exception. The Design Review Board may grant an exception to the requirements of this section if it makes affirmative findings that there would be an unusual or severe practical difficulty in the installation of the required photovoltaic energy generation system due to physical circumstances, including building location or orientation, site topography and/or shading resulting from topography or other physical conditions on or off the subject site. In granting the exception, the Board may require enrollment of the dwelling unit in the Marin Clean Energy "deep green" program or participation in other alternative energy solutions. E. Proof of compliance. Prior to issuance of a Certificate of Occupancy, the owner of record or his agent shall certify in writing that the required photovoltaic energy generation system is operational, and the Building Official or designee shall verify compliance prior to final sign -off of the building permit. F. Applicability. This section shall not be applicable to Site Plan and Architectural Review applications that have been deemed complete for processing purposes by the Planning Division prior to March 20, 2015. The Town Council shall review this section for continuing applicability no later than March 31, 2017. Section 16-52.020(B)(4) is amended to read as follows: Grading, excavation, filling or earth movement that involves more than fifty (50) cubic yards of material and is not otherwise an obvious and integral part of a larger project such as, but not limited to, a new structure or addition to an existing structure that would require a permit under this section. Section 16-52.020(F)(4) is amended to read as follows: 4. Minor exterior alterations such as, but not limited to, windows, decks, skylights, awnings, satellite dishes, fire pits and similar items as determined by the Director in his reasonable discretion; Section 16-52.020(n(3)[first paragraph only] is amended to read as follows (the remainder of the section remains unchanged): FAR guidelines. Residential development standards are as shown in Table 2-2 in Section 16-21.040 (Residential Zones Development Standards). FAR guidelines for single-family and two-family residential zones (R-1, R -1-B, RO, R-2, and RPD) and multi -family residential zones (R-3 and RMP) are shown in Table 5-2 below. Tiburon Town Council Ordinance No. 554 N. S. Effective --/-12015 (G) Section 16-100.020(P) is amended by adding the following definition: Photovoltaic energy generation system. An arrangement of components designed to convert sunlight directly to electricity to supply usable electric power for a variety of purposes. SECTION 3. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The Town Council of the Town of Tiburon hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. SECTION 4. PUBLICATION AND EFFECTIVE DATE This ordinance shall be in full force and effect thirty (30) days after the date of adoption. Pursuant to the provisions of the California Government Code, a summary of this ordinance shall be prepared by the Town Attorney. At least five (5) days prior to the Town Council meeting at which adoption of the ordinance is scheduled, the Town Clerk shall (1) publish the summary in a newspaper of general circulation in the Town of Tiburon, and (2) post in the office of the Town Clerk a certified copy of this ordinance. Within fifteen (15) days after the adoption of this ordinance, the Town Clerk shall (1) publish the summary in a newspaper of general circulation in the Town of Tiburon, and (2) post in the office of the Town Clerk a certified copy of the ordinance along with the names of those Council members voting for and against the ordinance. This ordinance was read and introduced at a regular meeting of the Town Council of the Town of Tiburon, held on February 4, 2015, and was adopted at a regular meeting of the Town Council of the Town of Tiburon, held on February 18, 2015, by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Tiburon Town Council Ordinance No. 554 N. S Effective --1--12015 4 FRANK DOYLE, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Attachment: Exhibit "A"—Revised Table 2-1 Tiburon Town Council Ordinance No. 554 N. S. Effective --A-/2015 TABLE 2-1 Allowed Land Uses and Permit Requirements for Residential Zones P Permitted Use U Conditional Use Permit — Use not allowed PERMIT REQUIRED BY DISTRICT Specific Use LAND USE (1) R-1 R-1-13 RO R-2 R-3 I RPD RMP Regulations AGRICULTURAL & OPEN SPACE USES Agriculture, including Aviaries (6) U U U U U U U Botanical conservatories, outdoor nature labs, and similar facilities — — — — — U U Open space use — — — — — P P Wildlife sanctuaries — — — — — U U RECRFATIAN FmirATimu R print in a ccciuor vuecc Equestrian facility (2) U U U — — U U Title VI, 20-5.1 Golf courselcountry club U U U — — U U Library, museum U U U U U — — Parochial orothernonpro6tschool- elementary, secondary, orcollege U U U U UU P U Philanthropic or charitable facility U U U U U U U Private residential recreation facilities U U U U U U U Public park p p p p p p P Playground U U U U U U U Publicly owned building or facility U U U U U U U Religious places of worship U U U U Il U u RESIDENTIAL USES Home occupation/Seasonal rental unit P P P P P P P 16-52.110/16-40.040 Intermediate or community care facility (3) p P p p p p p Multifamily dwelling — — — — P — P Secondary dwelling unit (5) P P P — — P — 16-52.100 Single-family dwelling P P P P — P P Single-family dwelling providing room/board for I paying guest P P P P — p p Two-family dwelling, attached — — — p — — P Two-family dwelling, detached — — — P(4)= — 16-40.020 Transitional, supportive housing p p p p p p p District R-1 Single -Family Residential R-3 Multifamily Residential R -1-B Modified Single Family Residential RPD Residential Planned Development RO Residential Open RMP Residential Multiple Planned R-2 Two -Family Residential Notes: (1) See Article X (Definitions) forland use definitions. (2) The keeping of horses subject to licensing of each horse pursuant to the Tiburon horse license ordinance. Use permits forkeeping horses shall automatically terminate upon revocation officense issued underhorse license ordinance. (3) As defined bystate law orany otherresidential care (edlrtyforthe handicapped (as defined by the Fair Housing Act) located in a single-family dwelling. Allsuch facilities shallbe subject to all regulations of the California Health and Safety Code. (4) Provided that design review board has approved orconddionalfy approved a detached Iwo -family dwelling exception, as set forth in Section 1640.020. Detached two-family dwellings that lawfully existed on June 4, 2003 are deemed legal nonconforming structures subject to provisions of Section 1662. (5) Subject to Standard's adopted by separate Resolution of the Town Council. (6) Exceptfor chicken -keeping and beekeeping as set forth In Section 1640.070. EXHIBIT "All TABLE 2.1 (Continued) P Permitted Use Allowed Land Uses and Permit Requirements U Conditional Use Permit for Residential Zones — Use not allowed U PERMIT REQUIRED BYDISTRICT S eci0c Use R-1 I R -1-B I RO I R-2 I R-3 I RPD I RMP Regulations LAND USE (1) SERVICES -GENERAL Bed and breakfast facility (B&B) U U U — — U U Residential Planned Development Child day-care facilities, small family daycare homes – up to 8 P P P P U U U Health & Safety children (5) P P P Code 1597.3 at seq. Health & Child daycare facilities, large family day-care homes -91014 P P P P P P P Safety Code children (5) 1597.46- 1597.465 Child day-care center -15 or more children U U U U U U U Medical Services - Hospital U U U U U U U Real estate tract office U U U U U U U TRANSPORTATION, COMMUNICATIONS & INFRASTRUCTURE Public utility and communication equipment building U U U U U U U Residential Planned Development Wireless communication facility, amateur or professional U U U U U U U Government Code65850.6 Key to Zoning District Symbols R;1 I Single -Family Residential R-3 Multifamily Residential R -1-B Modified Single Family Residentiat RPD Residential Planned Development RO Residential Open RMP Residential Multiple Planned R-2 Two -Family Residential Notes: (1) See Article X (Definitions) for land use definitions. (2) The keeping of horses subject to licensing of each horse pursuant to the Tiburon horse license ordinance. Use permits for keeping horses shall automatically terminate upon revocation of the license issued under horse license ordinance. (3) As defined by state law or any other residential pre facility for the handicapped (as defined by the Fair Housing Act) located in a single-family dwelling. All such facilifies shall be subject to all regulations of the California Health and Safety Code. (4) Provided that design review board has approved or conditionally approved a detached two-family dwelling exception, as set forth in Section 16-40.020. Detached two-family dwellings that lawfully existed on June 4, 2003 are deemed legal nonconforming structures subject to provisions of Sec. 16-62. (5) When located in a single-family dwelling. To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Community Development Department Town Council Meeting February 18, 2015 Agenda Item: CC 2 Subject: Recommendation to Adopt Various Zoning Text Amendments Related to Junior Accessory Dwelling Units in Single Family Dwellings; Amendments to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code (Adoption of Ordinance) Reviewed By: BACKGROUND The Town Council held first reading of this ordinance following a public hearing at its meeting on February 4, 2015, and waived additional readings. The ordinance now comes to the Town Council for consideration of adoption. PROCEDURE This is a consent calendar item. The Council's motion to adopt this item on the consent calendar will constitute a motion to confirm the waiver of second reading from the previous meeting and adopt the ordinance. Each Councilmember's vote on the motion to approve this item on the consent calendar will constitute the equivalent of a roll call vote and will be recorded within the ordinance. Should any Councilmember choose to vote differently on this item than other items on the consent calendar, then the vote on this item should be taken separately from other items appearing on the Consent Calendar such that individual votes may be properly recorded. Should the Council wish to discuss the item, it must be removed from the Consent Calendar and voted upon separately. RECOMMENDATION Staff recommends that the Town Council approve the adoption of Ordinance No. 555 N. S., a draft of which is attached as Exhibit 1, as part of the Consent Calendar. EXHIBIT 1. Draft Ordinance No. 555 N. S. Prepared by: Scott Anderson, Director of Community Development TOWN OF TIBURON PAGE 1 OF 1 ORDINANCE NO. 555 N. S. (DRAFT) AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING MUNICIPAL CODE TITLE IV, CHAPTER 16 (ZONING) BY MAKING VARIOUS TEXT AMENDMENTS PRIMARILY RELATED TO JUNIOR SECONDARY DWELLING UNITS SECTION 1. FINDINGS. A. On January 14, 2015, the Planning Commission adopted Resolution No. 2015-02 recommending to the Town Council that various text amendments be made to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code. B. The Town Council held a duly noticed public hearing on February 4, 2015 and has heard and considered all public testimony on the proposed Ordinance. C. The Town Council finds that all notices and procedures required by law attendant to the adoption of this Ordinance have been followed. D. The Town Council finds that the amendment actions made by this Ordinance are necessary for the protection of the public health, safety, and welfare. E. The Town Council has found that the amendments made by this Ordinance are consistent with the goals and polices of the Tiburon General Plan and other adopted ordinances and regulations of the Town of Tiburon, and further the intent and purposes of General Plan goals and policies. F. The Town Council finds that adoption of this ordinance is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Sections 1530, 15305, and 15061(b)(3) of the CEQA Guidelines, and is statutorily exempt from CEQA pursuant to Section 21080.17 of the Public Resources Code. SECTION 2. ADOPTION OF AMENDMENTS TO MUNICIPAL CODE. Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code is amended as follows: (A) Section 16-21.030 (Table 2-1) is amended to read as shown on attached Exhibit "A". (B) Section 16=50.020 (Table 5-1) is amended to read as shown on attached Exhibit "B". (C) Section 16-52.105 is added to read as follows: Tiburon Town Council Ordinance No. 555 N. S. Effective --1--/2015 ='1171TIBIT N®.,- 16-52.105 Junior Accessory Dwelling Unit. This section provides for the establishment and reasonable regulation of junior accessory dwelling units in order to encourage housing opportunities for all segments of the population while ensuring the public health, safety and welfare. A. Zoning Permit Required. No junior accessory dwelling unit shall be established or used unless a junior accessory dwelling unit zoning permit has been issued by the Town. B. Application and fee. Application for a junior accessory dwelling unit permit shall be made in compliance with the provisions of Section 16-50 (Application Filing and Processing) and shall be accompanied by the appropriate filing fee. C. Director of Community Development as Review Authority. Applications for junior accessory dwelling units shall be acted upon by the Director without discretionary review or a public hearing. D. Grant of Junior Accessory Dwelling Permit. In order to grant a junior accessory dwelling unit permit, the Director shall find that the proposed unit would comply with this section and with all of the standards set forth in the Town's current Standards for Junior Accessory Dwelling Units, as adopted by Town Council resolution. E. Building Permits. A Building Permit and a Certificate of Occupancy shall be required in conjunction with the installation of a junior accessory dwelling unit. Any repair, rehabilitation, or other work associated with the installation of the junior accessory dwelling unit shall also obtain building permits where applicable. F. Premises identification. The Director shall assign a street address for the junior accessory dwelling unit and said address shall be plainly visible and legible from the street fronting the property. G. Expiration. Junior accessory dwelling unit permits issued in compliance with this section shall expire and become null and void three (3) years after issuance unless a Certificate of Occupancy has been issued by the Building Division. H. Revocation. Upon written notice to the holder of a junior accessory dwelling unit permit, and a hearing before the Director, the Director may revoke or modify any such permit, on any one of the following grounds: 1. That the approval was based on false information submitted by the applicant. 2. That the use for which such approval was granted has ceased to exist or has been suspended for one year or more. 3. That the permit granted is being or recently has been exercised contrary to the terms or conditions of such approval, or in violation of any statute, Tiburon Town Council Ordinance No. 555 N. S. Effective --A-/2015 2 ordinance, law or regulation. 4. For other good cause. I. Periodic update. The Department shall maintain a record of all authorized junior accessory dwelling units and shall review and update the record every two years. At the review, the owner of record shall verify in writing under penalty of perjury that the junior accessory dwelling unit is in compliance with the Standards for Junior Accessory Dwelling Units and with all operating requirements of the permit as set forth in applicable ordinances and regulations. J. Reporting of violations. All reporting of junior accessory dwelling unit violations shall be in writing and directed to the Department. The Director shall notify the owner of record of the property that a complaint has been registered within ten calendar days from receipt of any such complaint. The Director shall investigate and issue a written report to the complainant within thirty days from the date of the issuance of the notice outlining the current status of any alleged violation and the steps that have been requested of the owner of record to remedy the situation. K. Violations considered an infraction. Violations of this section shall be punished as infractions or by administrative citation, in the discretion of the Director and shall be subject to the provisions of Section 16-56.030 (Violations and Penalties) and/or Municipal Code Chapter 31 (Enforcement of Code). This subsection also applies to violations of requirements of operation issued in association with any junior accessory dwelling unit approval. L. Violations --Additional remedies --Injunctions. As an additional remedy, the existence and/or maintenance of any junior accessory dwelling unit in violation of any provisions herein, or of any requirements of operation placed thereon, shall be cause for revocation and shall be deemed and is declared to be a public nuisance and may be subject to summary abatement (i.e., including, without limitation, administrative abatement in compliance with Municipal Code Chapter 31), and/or restrained and enjoined by a court of competent jurisdiction. In the event legal action is instituted to abate said violation, the Town shall be entitled to recover its costs and reasonable attorney's fees incurred in prosecuting said action. M. Appeals. Any person aggrieved by any decision involving the approval, denial, or revocation of a junior accessory dwelling unit may appeal such decision to the Town Council in compliance with Section 16-66 (Appeals). N. Density. Pursuant to California Government Code section 68552.2, no junior accessory dwelling unit approved under these provisions shall be considered in calculating the density of the lot allowed by the land use designation contained in the Land Use Element of the Tiburon General Plan. Tiburon Town Council Ordinance No. 555 N. S. Effective 4-12015 (D) Section 16-54.020 is amended to read as follows: A Site Plan and Architectural Review approval, Variance, Conditional Use Permit, Condominium Use Permit, Secondary Dwelling Unit, Junior Accessory Dwelling Unit, or Tidelands Permit, shall become effective on the 11th day following the date of application approval by the review authority, provided that the appeal period has ended and no timely appeal has been filed in compliance with Section 16-66 (Appeals). For Site Plan and Architectural Review applications for Minor Alteration projects, the approval shall become effective on the sixth business day following the date of application approval by the Director, provided that the appeal period has ended and no timely appeal has been filed in compliance with Section 16-66 (Appeals). A Precise Development Plan approval shall become effective on the 3151 day following date of application approval by the Town Council. (E) Section 16-54.040 is amended to read as follows: After the denial of an application for, or the revocation of, a Site Plan and Architectural Review approval, Variance, Conditional Use Permit, Condominium Use Permit, Secondary Dwelling Unit, Junior Accessory Dwelling Unit, or Tidelands Permit, no application for the approval of the same or a substantially similar project on the same site shall be considered by the Review Authority within one year after the date of its action on the original application, unless it is established that there has been a substantial change in the circumstances under consideration in the original proceedings, or that the denial was made without prejudice. (F) Section 16-100.020(J) is amended by adding the following definition: Junior Accessory Dwelling Unit. A dwelling unit that is accessory to and included within the existing walls of a single-family dwelling and is created by the conversion of an existing bedroom. A junior accessory dwelling unit is an alternate version of a secondary dwelling unit, subject to different standards for approval, which provides independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, and cooking. Cooking and food preparation facilities shall be limited to an efficiency -type kitchen as defined in the Town's Standards for Junior Accessory Dwelling Units. Sanitation facilities may be independently provided for the junior accessory dwelling unit or may be shared with occupants of the primary dwelling provided that interior access to the sanitation facilities is available. A junior accessory dwelling unit cannot be sold independently of the primary unit, and cannot be used or rented as a Seasonal Rental Unit, as defined in Article X of this chapter. SECTION 3. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of Tiburon Town Council Ordinance No. 555 N. S. Effective --1-12015 4 this Ordinance, or its application to any other person or circumstance. The Town Council of the Town of Tiburon hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. SECTION 4. PUBLICATION AND EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after the date of adoption. Pursuant to the provisions of the California Government Code, a summary of this ordinance shall be prepared by the Town Attorney. At least five (5) days prior to the Town Council meeting at which adoption of the ordinance is scheduled, the Town Clerk shall (1) publish the summary in a newspaper of general circulation in the Town of Tiburon, and (2) post in the office of the Town Clerk a certified copy of this ordinance. Within fifteen (15) days after the adoption of this ordinance, the Town Clerk shall (1) publish the summary in a newspaper of general circulation in the Town of Tiburon, and (2) post in the office of the Town Clerk a certified copy of the ordinance along with the names of those Council members voting for and against the ordinance. This ordinance was read and introduced at a regular meeting of the Town Council of the Town of Tiburon, held on February 4, 2015, and was adopted at a regular meeting of the Town Council of the Town of Tiburon, held on February 18, 2015, by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: FRANK DOYLE, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Attachments: Exhibit "A" ---Revised Table 2-1 Exhibit `B" --Revised Table 5-1 Tiburon Town Council Ordinance No. 555 N. S. Effective —/--/2015 TABLE 2-1 Allowed Land Uses and Permit Requirements for Residential Zones LAND USE (1) AGRICULTURAL 8 OPEN SPACE USES P Permitted Use U Conditional Use Permit MP Ministerial Permit — Use not allowed PERMIT REQUIRED BY DISTRICT R-1 I R-1-13 I RO I R-2 I R-3 I RPD I RMP Specific Use Regulations Agriculture, including Aviaries (6) U U U U U U U Botanical conservatories, outdoornature labs, and similar facilities — — — — U U Open space use — — — — — P P VriIdlifesanctuaries — — — — — U U RECREATION. EDUCATION & PUBLIC ASSEMBLYUSES Equestrian facility (2) U U U — — U U Title VI, 20-5.1 Golf coursefcounhyclub U U U — — U U Library, museum U U U U U — — Parochial or other nonprofit school - elementary, secondary, or college U U U U U U U Philanthropic or charitable facility U U U U U U U Private residential recreation facilities U U U U U U U Public park P P P P P P P Playground U U U U U U U Publicly owned building orPacility U U U U U U U Religious places of worship U U U U U U U 17*YPIWIIG,IAIJIM 4.'1 Home occupation/Seasonal rental unit P P P P P P P 16-52.110/1640.040 Intermediate or community care facility (3) P P P P P P P Mulfifamilydwelling — — — — P — P Secondary dwelling unit/Junior accessory dwelling unit (5) MP MP MP — — MP — 1652.100/1652.105 Single-family dwelling P P P P — P P Single-family dwelling providing room/board for 1 paying guest P P P P — P P Two-family dwelling, attached — — — p — — p Two-family dwelling, detached — — — P(4) — — — 1640.020 Transitiona1,supportive housing P P P P P P P Key to Zoning District Symbols R-1 Single -Family Residential R-3 Multifamily Residential R -1-B Modified Single Family Residential RPD Residential Planned Development RO Residential Open RMP Residential Multiple Planned R-2 Two -Family Residential Notes: (1) See Article X (Definitions) forland use definitions. (2) The keeping ofhorses subject to licensing of each horse pursuant to the Tiburon horse license ordinance. Use permits for keeping horses shall automatically terminate upon revocation of license issued under horse license ordinance. (3) As defined by state law or any other residential care facility for the handicapped (as defined by the Fair Housing Act) located in a single-family dwelling. All such facilities shall be subject to all regulations of the California Health and Safety Code. (4) Provided that design review board has approved or conditionally approved a detached two-family dwelling exception, as set forth in Section 16-40.020. Detached two-family dwellings that lawfully existed on June 4, 2003 are deemed legal nonconforming structures subject to provisions of Section 16-62. (5) Also subject to Standards adopted by separate Resolution of the Town Council. (6) Except for chicken -keeping and bee -keeping as set forth in Section 16-40.010. EXHIBIT "A>> TABLE 2-1 (Continued) P Permitted Use Allowed Land Uses and Permit Requirements U Conditional Use Permit for Residential Zones MP Ministerial Permit U Use not allowed Wireless communication facility, amateur or professional PERMIT REQUIRED BY DISTRICT Specific Use R-1 R -1-B I RO I R-2 I R-3 I RPD I RMP Regulations LAND USE (1) SERVICES - GENERAL Bed and breakfast facility (B&B) U U U — U U — Wireless communication facility, amateur or professional Child day-care facilities, small family day-care homes – up to S P P P U U U Government Code 65650.6 Health & children (5) P P P P Safety Code 1597.3 at seq. Health & Child daycare facilities, large family day-care homes -9 to 14 MP MP MP MP MP MP MP Safety Code children (5) 1597.46- 1597.465 Child day-care center -15 or more children U U U U U U U Medical Services -Hospital U U U U U U U Real estate tract office U U U U U U U TRANSPORTATION, COMMUNICATIONS & INFRASTRUCTURE Public utility and communication equipment building U U U U U U U Wireless communication facility, amateur or professional U U U U U U U Government Code 65650.6 Key to Zoning District Symbols R-1 Single -Family Residential R-3 I Multifamily Residential R -1•B Modified Single Family Residential RPD Residential Planned Development RO Residential Open RMP Residential Multiple Planned R-2 Two -Family Residential Notes: (1) See Article X (Definitions) for land use definitions. (2) The keeping of horses subject to licensing of each horse pursuant to the Tiburon horse license ordinance. Use perils for keeping horses shall automatically terminate upon revocation of the license issued under horse license ordinance. (3) As defined by stale law or any other residential pre facility for the handicapped (as defined by the Fair Housing Act) located in a single-family dwelling. All such facilities shall be subject to all regulations of the Califomia Health and Safety Code. (4) Provided that design review board has approved or conditionally approved a detached two-family dwelling exception, as set forth in Section 16410.020. Detached two-family dwellings that lawfully existed on June 4, 2003 are deemed legal nonconforming structures subject to provisions of Sec. 16-62. (5) When located in a single-family dwelling. Table 5-1 - Review Authority 1 W4 2011 1till clf� Role of Review Authority Type of Permit or Decision Director Design Review Planning Town Council Board Commission Site Plan and Architectural Decide Appeal Action Review Site Plan and Architectural Decide Appeal Action Review Minor Alterations Variance, Site Plan and Decide Appeal Action Architectural Review -related Variance, Other Decide Appeal Action Conditional Use Permit Decide Appeal Action Condominium Use Permit Decide Appeal Action Precise Development Plan Recommend Decide Secondary Dwelling Unit Permit/ Decide Appeal Action Junior Accessory Dwelling Unit Zoning Ordinance Text Amendmenlz Recommend Decide Rezoning or Prezoning2 Recommend Decide Home Occupation Permit or Decide Appeal Action Seasonal Rental Unit Permit Temporary Use Permit Decide 3 Appeal Action Tidelands Permit 3 3 Appeal Action minor and incidental)Decide Tidelands Permit (all other) Decide Appeal Action Minor changes to an approved project Decide' Notes: 1. "Recommend" means that the review authority makes a recommendation to a higher decision-making body; "Decision" means that the authority makes the final decision on the matter; "Appeal Action" means that the review authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Section 16-66 (Appeals). 2. If the Planning Commission denies an application for a Precise Development Plan amendment, Zoning Text Amendment, Rezoning or Prezoning, that decision is final unless appealed to the Town Council. 3. The Director may refer any such application to the Planning Commission for review and action, in which case the Town Council will be the appeal body. 4. An appeal of the Directors decision shall be heard by the original project's Review Authority, whose decision shall be final. 1 W4 2011 1till clf� TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Community Development Department Town Council Meeting February 18, 2015 Agenda Item: CC Recommendation to Adopt Resolution Establishing Standards for Review of Junior Accessory Dwelling Unit Applications At its meeting of February 4, 2015, the Town Council held a public hearing on zoning text amendments and a proposed set of standards to be used in the review of future applications for junior accessory dwelling units. The Town Council also held first reading of an ordinance establishing the junior accessory dwelling unit permit process and procedures. In the event the Town Council adopts this ordinance as part of the consent calendar, an appropriate follow-up action would be to adopt the standards associated with the junior accessory dwelling unit permit review. In the event the Town Council does not adopt the ordinance, this item should either be tabled or continued to a future meeting. RECOMMENDATION Staff recommends that the Town Council adopt the resolution as part of the Consent Calendar. EXHIBIT 1. Draft Resolution. Prepared by: Scott Anderson, Director of Community Development TOWN OF TIBURON PAGE 1 OF 1 RESOLUTION NO. XX -2015 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING "STANDARDS FOR JUNIOR ACCESSORY DWELLING UNITS" WHEREAS, the Town Council has adopted zoning regulations establishing a permit process for the review and approval of junior accessory dwelling units, set forth in Chapter 16, Section 16-52.105 of the Tiburon Municipal Code; and WHEREAS, said zoning regulations require the adoption of "Standards for Junior Accessory Dwelling Units", to be used in the review and processing of zoning permit applications for such uses; and WHEREAS, the Planning Commission has reviewed and recommended adoption of said standards following a public hearing held on January 14, 2015; and WHEREAS, the Town Council has considered the recommendation of the Planning Commission and all public testimony and correspondence, and has considered the draft Standards for Junior Accessory Dwelling Units, at a public meeting held on February 4, 2015; and WHEREAS, the Town Council finds that the Standards for Junior Accessory Dwelling Units are consistent with the goals, policies, and programs of the Tiburon General Plan, specifically with Housing Element Program H-ff; and WHEREAS, the adoption of these standards is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the Public Resources Code and Sections 15301, 15305, and 15061(b)(3) of the CEQA Guidelines. NOW, THEREFORE BE IT RESOLVED that the Town Council hereby adopts the Standards for Junior Accessory Dwelling Units, as set forth in the attached Exhibit A. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on , 2015, by the following vote: AYES: COUNCILMEMBERS: IZEV69- K618QleiIa&10N511a14.1 ABSENT: COUNCILMEMBERS: Tiburon Town Council Resolution No. XX -2015 —/--/2015 Page 1 of 4 EYJ-1IDI T NO.� FRANK DOYLE, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK Attachments: Exhibit A Tiburon Town Council Resolution No. XX -20/5 —1--12015 Page 2 of EXHIBIT A STANDARDS FOR JUNIOR ACCESSORY DWELLING UNITS The proposed Junior Accessory Dwelling Unit would be located in one of the following residential Zones: R-1, R -1-B, RO, or RPD. The proposed Junior Accessory Dwelling Unitwould be the only Junior Accessory Dwelling Unit on the Lot and there would be no Secondary Dwelling Unit on the lot. 3. The Junior Accessory Dwelling Unit would be located on a lot that contains only one legal single-family dwelling. 4. The proposed Junior Accessory Dwelling Unit would be located on the same Lot on which the Owner of Record maintains his or her Principal Place of Residence. 5. The Junior Accessory Dwelling Unit would be in conformance with the current building codes adopted by the Town. A memo prepared following inspection of the premises by the Tiburon Building Division, documenting the feasibility of the project to meet current building codes, shall be provided to the Director of Community Development prior to approval of a Junior Accessory Dwelling Unit permit. 6. The Junior Accessory Dwelling Unit would be created within the existing walls of a single-family dwelling and would be created by the conversion of an existing bedroom. 7. The Junior Accessory Dwelling Unitwould have a separate exterior entry from that of the primary residence and internal access to the primary residence is established. The Junior Accessory Dwelling Unit shall include an efficiency kitchen, requiring and limited to the following components: A sink with maximum width and length dimensions of sixteen (16) inches and with a maximum waste line diameter of one -and -a -half (1.5) inches. b. A cooking facility or appliance that does not require electrical service greater than one hundred -ten (110) volts. Gas appliances are not permitted. C. A food preparation counter and storage cabinets that do not exceed six (6) feet in length. Tiburon Town Council Resolution No. XX -2015 --1--12015 Page 3 of 4 9. The Junior Accessory Dwelling Unit would be located on a lot where the primary dwelling unit complies with current parking standards and there is adequate on-site or on -street parking to accommodate the additional use, as determined in the reasonable discretion of the Director. 10. Adequate sanitation (bathroom) facilities are provided, either a) separately for the exclusive use of the Junior Accessory Dwelling Unit,, or b) shared with the primary residence through internal access from the accessory unit to the primary residence. 11. The Junior Accessory Dwelling Unit shall comply with applicable requirements of the fire protection district serving the lot. 12. The Junior Accessory Dwelling Unit shall comply with applicable requirements of the public water agency serving the lot. 13. The Junior Accessory Dwelling Unit shall not be rented or used as a Seasonal Rental Unit. 14. The property on which the Junior Accessory Dwelling Unit is located shall have deed restrictions recorded upon it as set forth below prior to issuance of a building permit for the unit. Said restrictions shall be reviewed and approved by the Town Attorney and recorded with the Marin County Recorder's Office. a. The Junior Accessory Dwelling Unit shall not be sold separately from the primary dwelling unit, and shall not be used or rented as a Seasonal Rental Unit, as defined in Chapter 16 (Zoning) of the Tiburon Municipal Code. b. The Junior Accessory Dwelling Unit shall not exceed five -hundred (500) square feet in floor area nor be less than one hundred -fifty (150) square feet in floor area. c. The Junior Accessory Dwelling Unit shall be considered lawful only as long as either it or the primary residence is occupied by the Owner of Record as his or her Principal Place of Residence. d. The restrictions shall be binding upon any successor in ownership of the property and lack of compliance with any provisions of Tiburon Municipal Code Section 16-52.105 (or successor sections) may result in legal action against the property owner, including revocation of any right to maintain a Junior Accessory Dwelling Unit on the property. NOTE: Bold and italics typeface indicates a term defined in Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code. Tiburon Town Council Resolution No. XX -20/5 --1--/20/5 Page 4 of 4 To: From: Subject: Reviewed By: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Town Attorney's Office Town Council Meeting February 18, 2015 Agenda Item: Cc _,5 -- Recommendation to Approve and Authorize the Mayor to Execute the Sixth Amendment to Town Manager's Employment Agreement BACKGROUND AND SUMMARY On January 21, 2015 and February 5, 2015, the Town Council met in closed session to conduct an evaluation of Town Manager Peggy Curran. The Council praised Ms. Curran's continued dedication and superb service to the Town. Accordingly, before the Council is a proposed contract amendment that would provide a two percent salary increase and a one-time payment of $7,500, as incentive to continue in the Town's employ. 1_3 1►G1►19) G\ 9 tuJ llylJl The proposed contract amendment will result in $14,295 in additional expense to the Town's Administrative Services Department during the current fiscal year. The Town's adopted budget can accommodate these additional costs. RECOMMENDATION Approve and authorize the Mayor to execute the attached amendment to the Town Manager's Employment Agreement. Exhibits: Proposed Sixth Amendment to Employment Contract Prepared By: Ann R. Danforth, Town Attorney SIXTH AMENDMENT TO TOWN MANAGER'S EMPLOYMENT AGREEMENT This AMENDMENT TO THE TOWN MANAGER'S EMPLOYMENT AGREEMENT ("Amendment") by and between The Town of Tiburon ("Town") and Margaret A. Curran ("Employee") is effective as of January 1, 2015. RECITALS 1. The Town employs Employee as its Town Manager, pursuant to an Employment Agreement effective October 2, 2006 ("Manager's Agreement"). 2. The Town Council has conducted its annual performance evaluation of Employee as set forth in the Manager's Agreement and is well satisfied with Employee's performance. The Council finds that the Employee has demonstrated management and leadership skills that compare favorably to persons holding similar positions in similar agencies. 3. The Town's policy is to offer compensation packages that are competitive with similar employers for similar positions so as to maintain the highest quality staff to serve the public. To continue to maintain a competitive compensation package for Employee so as to retain Employee as Town Manager, the Council has decided to modify the Manager's Agreement and compensation as set forth in this Amendment and Employee has agreed to such modification. NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE RECITALS AND OF THE MUTUAL PROMISES AND CONDITIONS OF THIS AMENDMENT, IT IS AGREED AS FOLLOWS: Base Salary. Section 4.1 of the Manager's Agreement shall be amended as follows: Employee shall receive a base salary of Two Hundred Eighteen Thousand Nineteen dollars ($218,019) per year. Employee is required to pay 100% of the employee share for her participation in the PERS retirement system. This salary shall be retroactive to January 1, 2015. 2. One -Time Retention Allowance. Section 4.8 is hereby amended to read as follows: To retain Employee and reward her service during the past performance evaluation period and demonstrated skill level, Employee is granted a one- time cash allowance of Seven Thousand Five Hundred dollars ($7,500) which shall be paid directly to Employee or directed to her 457 Deferred Compensation Account at her discretion. The Town shall pay this allowance within 15 days of this Amendment. The Council shall not be obliged to grant similar allowances in the future. However, in conjunction with future performance evaluations, the Town Council may, in its sole discretion, consider whether Employee's demonstrated skill level and the compensation practices of similar employers for similar positions warrants payment of a future retention allowance or allowances. Except as expressly modified by this Amendment, The Manager's Agreement between the Town and Employee shall remain in full force and effect. IN WITNESS WHEREOF, this Amendment to the Manager's Agreement shall be effective as of the day and year written above. Dated: THE TOWN OF TIBURON: By: Frank X. Doyle Mayor, Town of Tiburon APPROVED AS TO FORM Ann R. Danforth Town Attorney, Town of Tiburon EMPLOYEE Margaret A. Curran Town Manager, Town of Tiburon 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 February 18, 2015 Agenda Item: Cc Affirm Delegation of Marin County Animal Control Services Program to the Marin General Services Authority (MGSA) On January 13, 2015, the Marin County Board of Supervisors adopted a resolution delegating the management of the Marin County Animal Control Services Program to the Marin General Services Authority (MGSA). The County has now asked the cities to similarly approve this delegation. The MGSA's charter is to efficiently and transparently administer various local government functions for the mutual advantage of its members. These include Street Light Maintenance, funding of the Abandoned Vehicle Abatement Program by local police, Taxicab Regulation, MarinMap and Marin Climate and Energy Partnership. The County recommended that administration of the Animal Control Services Program be added as an additional program under MGSA given the countywide nature of the program. ANALYSIS MGSA's first task under the new arrangement will be to begin negotiations with the Marin Humane Society for a new 3 -year contract as Animal Services' provider of services, which expires June 30, 2015. These negotiations, as in years past, will also include a delegate from the County Administrator's Office, as well as a subcommittee of the Marin Managers Association, to represent Animal Services JPA member towns and cities. MGSA will take on budget preparation; cost share allocations for member cities and towns; coordinating inquiries, whether from the public or from member cities and towns; coordinating JPA communications; and leading contract negotiations with the County and city/town representatives. Due to the County's economy of scale, the County will retain certain other administrative responsibilities, for example, accounts payable/accounts receivable, invoicing to member cities and towns; Marin Humane Society billing and payments; Central Collections; and coordinating TOWN OF TIBURON PAGE 1 OF 2 Toren Council Meering Fcbruan' 18. 2019 with Annual Services JPA members regarding uniform animal services ordinances and citation authority. FINANCIAL IMPACT Since the County is sharing its existing administrative recovery, there is no increase in cost to the Animal Services program under this arrangement. Therefore, the cost to member cities and towns is not expected to change as a result of the MGSA's new management of the program. RECOMMENDATION Staff recommends that the Town Council: 1. Move to approve a resolution affirming the delegation to the MGSA; 2. Direct staff to provide information to the Council at a future meeting concerning the new contract with Marin Humane Society, to be negotiated in 2015. Exhibits: 1) Draft Town Council resolution 2) Memo from MGSA Executive Director, Paul Berlant Prepared By: Diane Crane lacopi, Town Clerk Tmv� NoeTrstaciN, RESOLUTION NO. XX — 2015 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE DELEGATION OF THE OVERALL MANAGEMENT OF THE ANIMAL SERVICES PROGRAM TO THE MARIN GENERAL SERVICES AUTHORITY (MGSA) WHEREAS, since 1979 the Town of Tiburon is party to a cooperative Animal Services Joint Powers Agreement with the County of Marin and the other cities and towns in the County through which the County has contracted with the Marin Humane Society to provide animal control services to the cities, towns and unincorporated areas of the County, with services funded by fees for animal control services and programs and direct payments from the towns, cities and the County; and WHEREAS, the Town of Tiburon is also a member of the Marin General Services Authority with the County of Marin and the other cities and towns in the County; and WHEREAS, the Marin General Services Authority (MGSA) was established to efficiently and transparently administer various local government functions for the mutual advantage of its members; and WHEREAS, the County and Animal Services Joint Powers Agreement member cities and towns agree to delegate administration of the Animal Services program from the County to the MGSA as an additional program under its management given the MGSA's charter and experience effectively managing other shared programs of a countywide nature; and WHEREAS, the County of Marin and the Marin General Services Authority entered into a separate Memorandum of Understanding effective January 8, 2015 clarifying the responsibilities of the MGSA with respect to management of the Animal Services Program; and WHEREAS, the Marin County Board of Supervisors on January 13, 2015 affirmed and authorized this Memorandum of Understanding with the Marin General Services Authority regarding delegation of administration of the Animal Services program to the MGSA; and WHEREAS, the overall costs of the Animal Services Program to all member cities and towns will not change as a result of the MOU and MGSA's new management of the program. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon hereby affirms and agrees to the Marin General Services Authority's assumption of the overall management of the Animal Services Program, as set forth in Exhibit "A" — "Memorandum of Understanding", attached hereto and incorporated herein by reference; and FURTHER, BE IT RESOLVED that this Memorandum of Understanding authorized herein does not affect the relationship between the County of Marin and the cities or towns with respect to the Animal Control Program. PASSED AND ADOPTED at a regular meeting of the Town of Tiburon held on this _ day of , 2015, by the following vote: AYES: COUNCILMEMBERS: �xlu�Q-c f FRANK X. DOYLE, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Memorandum of Understanding between the Marin General Services Authority and County of Marin Delegating Administration of the Marin Animal Services Program This Memorandum of Understanding (MOU) is made and entered into the 8`h day of January, 2015 between the Marin General Services Authority (Authority) and the County of Marin (County). WHEREAS, since 1979 the County is party to a cooperative Animal Services Joint Powers Agreement with the other cities and towns in the County through which this County provides animal control services to the cities, towns and unincorporated areas of the County via contract with the Marin Humane Society, with services funded by fees for animal control services and programs and direct payments from the towns, cities and the County; and WHEREAS, the Marin General Services Authority (MGSA) was established to efficiently and transparently administer various local government functions for the mutual advantage of its members; and WHEREAS, the County and Animal Services Joint Powers Agreement member cities and towns agree to delegate administration of the Animal Services program to the MGSA as an additional program under its management; and WHEREAS, this MOU will clarify the responsibilities of the MGSA with respect to management of the Animal Services Program. NOW, THEREFORE, BE IT RESOLVED that the County and the Authority agree as follows effective January 8ffi, 2015 with respect to the delegation of Animal Services to the MGSA: Overview of Activities County, due to its economy of scale, will continue to perform certain financial related responsibilities, including: • Accounts Payable/Accounts Receivable functions on a monthly basis, including invoicing to member cities and towns; Marin Humane Society billing and payments; and Central Collections; and • Injured Animal Invoicing for the Injured Animal Program; and • Continuing the relationship with member towns and cities relative to the agreement between them and in the consideration and adoption of any ordinance amendments. 1of4 F\/k/_ _'� ,A Authority will assume overall management of Animal Services Program as outlined in the attached Scope of Work (Exhibit 1), including: • Budget preparation; and • Cost share allocations for member cities and towns; and • Coordinating inquiries, whether from the public or from member cities and towns; and • Coordinating JPA communications; and • Leading contract negotiations. Cost of Services and Payment Terms County will pay Authority one-half of its administrative recovery per its contract with the Marin Humane Society for Authority's management of the Animal Services program, calculated on the basis of one-quarter of the full cost of a County Administrative Analyst III position. For the term of this agreement, one-half of $40,000 will be remitted to Authority each fiscal year upon receipt of an invoice. For the period January through June, 2015, $10,000 will be remitted for services performed upon receipt of an invoice. Duration and Termination The agreement will commence upon execution and will remain in effect until the 30th day of June, 2018. This agreement may terminate upon sixty (60) notice of either party. If terminated prior to expiration of this MOU, County will pay Authority a pro -rata share of the fiscal year in which the early termination occurs. Notices Notices shall be given to Authority at the following address: Executive Officer Marin General Services Authority 555 Northgate Drive San Rafael, CA 94903 Notices shall be given to County at the following address: County Administrator, County of Marin 3501 Civic Center Drive, Rm 325 2 of 4 San Rafael, CA 94903 Accepted by: Marin General Service Authority: Paul Berlant, Executive Officer Date County of Marin: Katie Rice, President, Board of Supervisors Date 3 of 4 Exhibit 1 • Budget will be prepared based on contract agreement with the Marin Humane Society. • Animal Control Services costs for upcoming fiscal year — Request list from Humane Society regarding Service Calls for each jurisdiction, and update for most current California Dept of Finance population data for each city and town in April. • Respond to animal control policy issues, calls from cities or public inquiries/complaints. • Prepare periodic communication with City/Town Managers advising them of current issues/status, or changes involving Animal Control; and Budget update information. • Negotiate Marin Humane Society contract renewal with assistance from participating JPA member jurisdictions between January and June, 2015 to include multiple meetings with cities, towns and MHS depending on contract issues/costs. • Prepare Board reports, work with County Counsel relative to any changes in the Animal Control Ordinance and with cities/towns to ensure adoption by reference as needed to update language or legal provisions. 4of4 MARIN GENERAL SERVICES AUTHORITY 555 Northgate Drive, Suite 230, San Rafael, CA PHONE: (415) 446-4428 www.maringsa.org MEMORANDUM DATE: January 8, 2015 TO: MGSA Board of Directors FROM: Paul Berlant, Executive Officer SUBJECT: AGENDA ITEM G: County -wide Animal Control Program Recommendation Adopt a resolution and approve a Memorandum of Understanding with Marin County for management of the county -wide Animal Control program. Background In 1979 the County of Marin and the cities/towns entered into Joint Powers Agreements whereby the County agreed to perform animal control services for the towns/cities, which were and continue to be performed under contract by the Marin Humane Society (MHS). The services are partially funded by fees related to animal control services and programs. The agreements also stipulated a cost sharing formula and performance standards. The JPA was amended in 1990 at which time terms relating to costs and city contributions and levels of animal control services were modified. The original JPA, as amended, still applies today and the County continues to contract with MHS for animal control services. The County agreements with MHS have been a multi-year contract, the last of which went into effect July 1, 2012, and has a term of three years. Thus, a contract extension beyond June 30, 2015 will need to be negotiated in early 2015. Staff from the County and two or three city/town representatives typically have negotiated the contract extensions. Proposed Animal Control MOU with Marin County In September 2014, the MGSA Board authorized notification to MGSA members that MGSA staff would pursue management of the Animal Control program, including negotiating an agreement to accomplish the change. Notification was made to the members and the negotiations with the County have resulted in the attached MOU. The Board of Supervisors is scheduled to consider the MOU on January 13 or 27, 2015. Roles of MGSA and the County under the MOU Under the draft MOU, the MGSA would assume the following duties from the County: • Budget preparation; • Develop Cost share allocations for member cities and towns; • Coordinate responses to inquiries from the public and/or from member cities and towns; • Coordinate JPA communications; and • Lead contract negotiations. FxA4bj'f 2- The County, due to its economy of scale, will continue to perform certain financial responsibilities, including: • Accounts Payable/Accounts Receivable functions, including invoicing member cities and towns; handle Marin Humane Society billing and payments; and Central Collections; • Invoicing for the Injured Aminal Program; and • Continuing the relationship with member towns and cities as regards to the agreements between them and in the consideration and adoption of any ordinance amendments. The County will compensate MGSA for the administrative costs of managing the program by sharing one-half of its administrative cost recovery per its contract with the MHS. This cost recovery has been calculated on the basis of one-quarter of the full cost of a County Administrative Analyst III position. For the term of this agreement, $20,000 will be remitted to MGSA each fiscal year. For the period of January through June, 2015, $10,000 will be remitted for MGSA's new responsibilities. Since the County is sharing the existing administrative cost recovery, there is no increase in cost to the Animal Services program under this arrangement. City Managers from the cities of Belvedere and Corte Madera have volunteered to participate in the new contract negotiations with the MHS. Negotiations will begin in January, upon approval of the MOU. Notification to and Response from MGSA Members As noted above, staff notified all MGSA members in September of this proposed new program for MGSA. The notice advised members that the MGSA and the County will negotiate a simple agreement whereby some of the County's duties in management of the Animal Control program will be taken on by the MGSA Executive Officer. In tum, the MGSA will be compensated for its costs from Animal Control program fees and city/town/County contributions. The notice stated that the agreement will be considered by the MGSA Board at its January 8, 2015 meeting and at a subsequent date by the County Board of Supervisors. The members were told that they may direct comments or feedback regarding this change to me by December 18, 2014 so as to be included in the Board's agenda packet or attend the January 8, 2015 meeting. To date, I have received only one question regarding the potential for added costs to the towns and cities due to this change. My response was that no added costs are expected. Conclusion County and MGSA staff have developed the attached MOU which outlines the transfer of responsibilities for the Animal Control program and compensation to MGSA for this new responsibility. The County Counsel's Office and David Byers have reviewed the MOU and have approved it as to form. If the Board approves execution of the MOU, the Board of Supervisors will review it later in January. Once executed, staff will work with the County staff and city/town representatives to negotiate a new or extended agreement with the Marin Humane Society, which will continue their services beyond June 30, 2015. Attachments Notice to MGSA Members Draft Resolution Authorizing Execution of the MOU Draft Memorandum of Understanding TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Administrative Services Department Investment Summary — January 2015 dgp�- Town Council Meeting February 18, 2015 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 January 31, 2015. ANALYSIS Agency January 2015 Investment Amount Interest Rate Maturity Town of Tiburon Local Agency $20,641,499.06 0.262% 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 Total $21,541,499.06 The total funds invested at the end of the prior month were $21,529,083.25; therefore the Town's investments increased $12,415.81 in January 2015. 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 January 2015 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 Department of Administrative Services Town Council Meeting February 18, 2015 Agenda Item: I;T, Recommendation to Accept the Mid -Year Budget Review and Approve Budggt Amendments On June 18, 2014, the Town Council adopted the Municipal Budget for Fiscal Year 2014-15. The total budget appropriated approximately $13.6 million in expenditures which consisted of: Operating Program $ 9,699,299 Capital and IT Outlay Program 392,773 Capital Improvement Program 2,664,200 Debt Service program 862.061 Total Appropriation $ 13,618,333 Since adoption of the budget, the Town Council has approved $367,500 in Capital Improvement Program budget revisions. These amendments include $250,000 towards the RUSD Bus Subsidy Program, $83,500 towards the Dairy Knoll Access Path and $34,000 towards the Median project. As amended, the FY 2014-15 CIP program totals $3,031,700. The following analysis will concentrate on the Operating Budget, which focuses on the Town's ability to fund and provide the ongoing day-to-day services to the residents and businesses of the Town. The first six months of the fiscal year (July 1 - December 31) saw continued improvement in most general fund operating revenue sources. All sources, except interest earnings, have recovered to levels at or above those realized prior to the great recession. Expenditures through the first half of the fiscal year are consistent with budget, however, it is anticipated that by fiscal year-end expenditures may exceed appropriations by $55,000. This overage is related to unanticipated contractual services for outside building inspection services to supplement the current staffing level ($30,000), and costs related to the maintenance and repair of Town owned rental units at Pt. Tiburon ($25,000). Staff will address a request for a budget amendment to cover these expenses later in this report. Town Council Mecting Februan,18, 2015 ANALYSIS Schedule 1 of the attached statistical information provides the highest summary level of the Town's Operating Budget. At mid -year, operating revenues are at 48.9% of budget and operating expenditures are at 47.3%. It is normal for revenues to lag below the 50% mark mid -year due to the timing of certain larger revenue sources such as property tax in -lieu of vehicle license fees and second quarter franchise fees, which are received after December 31. It is also normal for expenditures at mid -year to be near or exceed the 50% mark due to the payment of large, one- time expenditures early in the fiscal year, such as liability and worker's compensation insurance premiums and Joint Powers Agreement fees. The adopted Municipal Budget plan called for a $189,589 operating surplus and at mid -year staff projects the Town will complete FY 2015 with an operating surplus of approximately $570,000. The table below compares the operating budget at mid -year for the current fiscal year and the prior year. Operating Budget Mid -Year Comparison FY 2015 and FY 2014 Budget FY 2015 Actual 12/31/14 % of Budget Budget FY 2014 Actual 12/31/13 % of Budget Revenue $9,888,889 $4,834,264 48.9% $9,441,795 $4,457,048 41.9% Expenditures $9,699,300 $4,585,307 47.3% $9,347,919 $4,532,157 48.5% At mid -year, operating revenue is tracking approximately $377,000 ahead of last fiscal year. As this report is prepared on a cash basis, it should be noted that there may be some timing issues in the receipt of certain revenues that may skew year-to-year actual figures, however staff is not aware of any significant variances. At mid -year Operating expenditures are tracking approximately $30,000 greater than last year; which is consistent with the increased appropriation for the current year. Operating Revenue Schedule 2 of the attached statement provides budget -to -estimate figures for FY 2015 at the category level of detail. Overall, the revenue forecast for FY 2015 is projected to exceed budget by $435,438. This increase in operating revenues is due to property and other taxes performing better than anticipated at the adoption of the budget. The Town also received a $52,000 Zero Waste Grant in the first quarter of the fiscal year that was not anticipated and is recognized in the Intergovernmental & Agency category. Construction related activity continues to increase and revenues related to permits, design review and business licenses are performing better than expected. Property Taxes are the Town's largest revenue source and include Secured, Unsecured, Supplemental and Education Revenue Augmentation Funds (ERAF). Secured property taxes account for approximately 69% of total property revenue. Overall property taxes are projected to exceed budget by $192,767, or approximately 4.5%. Secured property taxes were budgeted to increase 1.5% over FY 2013-14 actual receipts. Based on the December receipt, it appears secured property taxes will increase approximately 7% or $140,000 more than budgeted. Page 2 Town Council Meeting February 18, 1015 Property Tax in -lieu of Vehicle License Fees increases are tied to the same percentage increase as secured property taxes and are also projected to exceed budget by $40,000. All other property tax revenue sources are performing at or above budget. Other Taxes include sales, transient occupancy and property transfer taxes and is the Town's second largest revenue category. Staff is projecting that Other Tax revenue will exceed budget by $94,021, or 6.6%. Sales tax receipts have been strong through mid -year and are projected to exceed budget by $42,000 or 7.9%. Transient Occupancy Tax receipts are projected to exceed budget by $50,000 or 7.6%. Property transfer taxes are projected to meet budget. All these revenue sources are highly dependent on the local, state and national economy. Though staff traditionally takes a conservative approach when projecting revenues; the economy has improved more than anticipated when the budget was prepared eight months ago. Franchise Fees include PG&E, cable and refuse collection. PG&E fees are received annually in April of the fiscal year, so it is too early to determine any variance from budget. Based on receipts to date all other franchise fees are performing as budgeted. Fines and Forfeitures include vehicle code, parking, false alarm and building related fines. Revenues within this category are projected to meet budget. Investment Earnings include all interest income earned on general funds that are either invested in money market accounts, with the State Local Agency Investment Fund (LAIF) or loans. Investment earnings are anticipated to be at budget. Intergovernmental and Agency includes miscellaneous reimbursement from local agencies for fuel purchased at the Town pumps, State reimbursement for police personnel training, and fees received by the Town for abandoned vehicles, and general grants. As indicated earlier, the Town received an unanticipated Zero Waste grant from the County in the amount of $52,000. The Town also received $23,000 from the State for mandated reimbursements that were suspended during the recession. Overall Intergovernmental and Agency revenue is projected to exceed budget by $79,000. Licenses and Permits is the Town's third largest operating revenue category and includes fees related to business licenses, building permits, design review, parking permits and several other small revenue sources. This revenue category is projected to exceed budget by $44,650 or 4.9% due to a greater than anticipated uptick in planning and building related activity. Charges for Services consist of plan checking fees, residential building inspection reports (RBR), cost recovery for staff time that can be bill to others, and several other small revenue sources. Overall this revenue category is projected to meet budget. Other Revenue includes rent received for the cellular tower at Town Hall, litigation settlements and other refunds and reimbursements. This revenue category is performing as budgeted. Use of Other Fund Sources accounts for other revenue sources, other than the general operating revenues, that are charged directly for certain operating expenditures. At mid -year the only variation from budget is the anticipated use of $25,000 from the Town Owned Housing Fund. The Town maintains seven below-market rate rental units in the Point Tiburon Marsh Tol•VN or TIBuRON Page 3 of 7 Ton,n Council Meeting February 18, 2015 condominium complex. These units are first offered to qualifying Town employees, and then employees of peninsula public agencies. There has been no tum over in these rental units in the past seven years. Currently the Town has two units that are being vacated and are in need of paint, cleaning and minor repairs. It is projected that $25,000 will be needed to cover these expenses. Operating Expenditures The FY 2015 budget appropriated $9.70 million in operating expenditures. At mid -year, operating expenditures are at $4.59 million or 47.3%. At year end, staff projects operating expenditures to exceed budget by $55,000. The Building Division is projected to exceed budget by $30,000 due to contracting for outside inspection services to supplement the current inspection staff work load. The Non -Departmental division is projected to exceed budget by $25,000 due to needed maintenance/repairs to Town owned rental units due to tum -over. All other Departments are operating as budgeted and are projected not to exceed budget at fiscal year-end. The Non - Departmental Insurance and JPAs division is at 72.7% of budget, which is expected since the majority of expenditures within this division are made at the beginning of the fiscal year, primarily insurance premiums and Joint Powers Authority dues. Capital Improvement Program The municipal budget, as previously amended appropriates $3.03 million in Capital Improvement Projects, which are outlined in Schedule 3 A -C of the exhibit financial statements. At mid -year, expenditures are well below budget due to the timing of construction projects which normally take place during the second half of the fiscal year. There are four CIP projects that were not included in the current budget that staff is bringing forward for funding and will be addressed later in this report. Capital Equipment and IT Outlay The adopted budget appropriated $392,773 for the purchase of capital and information technology equipment. $20,000 was appropriated for a brush chipper for the Public Works Department. It was the intent to purchase a used chipper, but staff is of the opinion that the purchase of a new chipper that meets air quality standards is required. An additional $10,000, for a total of $30,000 is needed to purchase a chipper. A budget amendment request will be addressed in this staff report. In the Police Department, the IT Outlay budget appropriated $10,300 for six new desktop computers and miscellaneous computer parts. Last year a $21,600 appropriation was approved for new computers in four patrol vehicles. The purchase of these computers took place after the end of the fiscal year, and the appropriation was not carried over to the current year. A budget amendment of $21,600 is required and will be addressed later in this report. Statement of Funding Resources Schedule 4 of the attached statements provides an overview of activity for each of the various Town General and Restricted funds. OFTIIIl1RON Page4 Town Council Mecting February 18,'_'015 General Fund Designated Reserves The Town's policy -restricted General Fund Reserves began the year with $5,732,742 in fund balance and is projected to end the year with $6,303,603, an increase of $570,861. This increase in fund balance is due primarily to the projected General Fund operating surplus. The General Fund Discretionary Set -Asides began the year with $3,848,415 in fund balance and are projected to end the year with $2,958,015, a decrease of $890,400. This decrease is due to budgeted Capital Improvement projects programmed from these Reserves. The General Fund Unallocated Reserve began the year with $3,103,903 in fund balance and is projected to end the year at $2,509,403. This decrease of $594,500 is due to budgeted Capital Improvement expenditures from this reserve. Restricted Fund Reserves Restricted Funds have legal constraints on their use imposed by outside entities or by legislation of the Town. The Town began the year with $5,274,476 in Restricted Funds and is projected to end the year with $4,688,901. This decrease of $572,076 is due to Capital projects budgeted from these funds. Proposed Budget Amendments At mid -year, there are several budget amendments that Staff is requesting. Each request is briefly described as follows: Building Division: Increase the appropriation for casual hire from $20,000 to $50,000. This is due to the need for outside inspection services to address increased workloads on the regular staff, particularly the need in the first half of the fiscal year to be available for inspections on the Gilmartin Drive project and to cover unanticipated regular staff shortages. This funding would be from the General Fund Operating Account. Town Owned Housing Units — Appropriate $25,000 from the Town Owned Housing Fund for the maintenance and minor update of two units. Both units have had long term tenants leave and it now appropriate to perform maintenance and updates prior to offering the units for lease. Public Works Brush Chipper — Appropriate an additional $10,000, for a total of $30,000 for a new brush chipper for the Public Works Department from the Capital Outlay Fund. Police Department Mobile Computers - Re -appropriate $21,600 from the Technology Fund for the purchase of four in -car computer systems for the Police Department. EV (Electric Vehicle) Charging: Station — Staff has received bids for the placement of one EV charging station in the Lyford Drive parking lot. This project was not anticipated in the current budget. A budget amendment of $25,000 is requested to proceed with this project. Funding would be from the General Fund Unallocated Reserve. Staff will speak with the Town Council at the upcoming retreat about an EV charging station downtown. Toww OF TfBURON Page 5 of 7 Town Council Meeting Febnran,18, 2015 Blackie's Pasture Frontage Improvements — In fiscal year 2013-14 an appropriation of $40,000 was approved for improvements to the frontage of Blackie's Pasture. This project was not carried over to FY 2014-15. Staff is requesting Council to amend the current budget to include an appropriation of $41,000 for the hardscape improvements. This project would be funded from the General Fund Parks Development Reserve. Blackie's Two — This is a new project proposed by Mayor Doyle for which Council has expressed a strong interest in pursuing. The project area is the triangle shaped portion of Blackie's Pasture between the public restrooms and the creek. Staff is requesting to amend the budget to include an appropriation of $30,000 for the design development phase of this project. This project would be funded by the General Fund Park Development Reserve. The budget for project implementation would be in the next fiscal year commencing July 1, 2015. Town Hall HVAC Replacement — The HVAC system in Town Hall has not worked properly since inception. Staff is requesting a budget amendment in the amount of $15,000 to proceed with the pre -design of a new system. The purchase and installation of a new system will be brought forward in the FY 2015-16 preliminary budget. This pre -design work would be funded from the Facility Repair/Replacement Fund. The budget for project implementation would be in the next fiscal year commencing July 1, 2015. These eight proposed budget amendments total $192,600 and would be funded from the following funds: General Fund Operating $ 30,000 General Fund Unallocated 25,000 Capital Equipment Replacement 10,000 Technology Fund 21,600 Facility Repair/Replacement 15,000 Park Development 71,000 Town Owned Housing 25.000 Total $197,600 Should Council approve these budget amendments, the projected year-end fund balance of the effected funds would be as follows: General Fund Operating Capital Equipment Replacement Technology Fund Facility Repair/Replacement Park Development Unallocated Balance Town Owned Housing Fund To\S iN OF TIBLRON $2,980,027 359,579 404,468 72,104 286,868 2,484,403 275,470 Town Council meeting February 18,'_015 Summary Based on mid -year revenue and expenditures, the Town's financial condition continues to be very good. Staff projects an operating surplus of $570,000 at fiscal year-end, and increase of $380,000 over the adopted budget. Key revenues are performing better than budgeted, and staff continues to monitor and aggressively control operating expenses to stay within budget. FINANCIAL IMPACT The impact of the proposed budget amendments total $192,600 and would be funded from current reserves. RECOMMENDATION Staff recommends that the Town Council accept the Mid -Year Budget Review and the proposed budget amendments. Exhibits: 1. Financial Statements 1-4 Prepared By: Heidi Bigall, Director of Administrative Services To\a ;N of Tf Bt T110N Page 7 of 7 SCHEDULEI. OPERATING BUDGET SUMMARY Period: July 1, 2014 to December 31, 2014 REVENUES & SOURCES OF FUNDS General Fund Revenues 8,158,460 8,158,460 3,996,149 8,568,898 410,438 49.0% Use of Other Fund Sources 1,730,429 1,730,429 838,115 1,755,429 25,000 48.4% Total Revenues $ 9,888,889 $ 9,888,889 $ 4,834,264 $ 10,324,327 $ 435,438 L*MID100011014*1 Town Administration 1,645,368 1,645,368 618,510 1,645,368 37.6% Community Development 1,184,056 1,184,056 594,374 1,214,056 (30,000) 50.2% Police Department 3,102,671 3,102,671 1,386,497 3,102,671 44.7% Public Works 1,399,846 1,399,846 617,280 1,399,846 44.1% Legislative 41,500 41,500 18,813 41,500 45.3% Non -Departmental 2,325,859 2,325,859 1,349,833 2,350,859 (25,000) 58.0% Total Expenditures $ 9,699,300 $ 9,699,300 $ 4,585,307 $ 9,754,300 $ (55,000) Total Operating Net $ 189,589 $ 189,589 $ 248,957 $ 570,027 $ 380,438 Page 1 of 8 SCHEDULE 2. OVERVIEW OF OPERATING REVENUES & EXPENDITURES Period: July 1, 2014 to December 31, 2014 REVENUES & SOURCES OF FUNDS General Fund Revenues - 100,000 0.0% 21,190 10,890 Property Taxes 4,432,233 2,157,493 4,625,000 192,767 48.7% Other Taxes 1,430,979 683,813 1,525,000 94,021 47.8% Franchises 653,398 143,419 653,398 - 21.9% Fines & Forfeitures 144,750 70,264 144,750 48.5% Investment Earnings 27,250 9,720 27,250 - 35.7% Intergovernmental & Agency 91,000 149,540 170,000 79,000 164.3% Licenses & Permits 905,350 475,557 950,000 44,650 52.5% Charges for Services 351,800 193,223 351,800 - 54.9% Other Revenues 121,700 113,120 121,700 92.9% Subtotal General Use of Other Fund Sources Employee Comp Leave Reserve Police SLESF/COPS Fund Low/Moderate Housing Fund Long Range Planning Fund Town Owned Housing Fund Peninsula Library JPA Fund Cypress Hollow LLD Subtotal Other Fund Sources 8,158,460 3,996,149 8,568,898 410,438 49.0% 0.0% 100,000 - 100,000 0.0% 21,190 10,890 21,190 - 51.4% 95,000 59,607 95,000 62.7% 71,310 42,895 96,310 25,000 60.2% 1,426,179 709,611 1,426,179 - 49.8% 16,750 15,112 16,750 - 90.2% 1,730,429 838,115 1,755,429 25,000 48.4% Total Revenues & Funds 9,888,889 4,834,264 10,324,327 $ 435,438 48.9% EXPENDITURES Town Administrative Services Administration Legal Services Town Hall Facility Community Development Planning & Design Review Building Inspection Advanced Planning Police Deoarhnent Police Services Police EOC/Facility Public Works Administration Streets Maintenance Parks Maintenance 1,104,642 445,963 270,926 91,010 269,800 81,537 511,083 244,343 577,973 290,424 95,000 59,607 1,104,642 270,926 269,800 511,083 607,973 95,000 3,040,371 1,357,959 3,040,371 62,300 28,538 62,300 351,099 144,492 351,099 471,247 201,363 471,247 451,700 217,549 451,700 Page 2 of 8 (30,000) 40.4% 33.6% 30.2% 47.8% 50.2% 62.7% 44.7% 45.8% 41.2% 42.7% 48.2% SCHEDULE 2. OVERVIEW OF OPERATING REVENUES & EXPENDITURES Period: July 1, 2014 to December 31, 2014 Street & Signal Light System 40,100 13,000 40,100 32.4% Corporation Yard 85,700 40,876 85,700 47.7% Legislative - Council, Boards/Commissions 41,500 18,813 41,500 45.3% Non Denartmental - Insurance & JPAs 807,180 586,437 807,180 72.7% Town -Owned Housing 71,310 42,895 96,310 (25,000) 60.2% Low -Moderate Income Housing 21,190 10,890 21,190 51.4% Belvedere -Tiburon Library Agency 1,426,179 709,611 1,426,179 49.8% Total Expenditures 9,699,300 4,585,307 9,754,300 (55,000) 47.3%0 OPERATING NET: 189,589 248,957 570,027 380,438 Page 3 of 8 SCHEDULE 3-A. CAPITAL IMPROVEMENT PROGRAM STREET IMPROVEMENT PROJECTS Period: July 1, 2014 to December 31, 2014 TOTAL STREET PROJECTS Page 4 of 8 $ 925,000 $ 8,925 $ 925,000 Actual YTD Estimated to Project Funding Source Budget Dec -31-2014 i i Annual Street 1 Improvements Selected Streets from PMS Street Impact $ 650.000 $ - $ 650.000 Administration, Annual Street 2 Engineering Improvements Gas Tax 100.000 8.925 100,000 3 Paradise Drive Roadway Maintenance Gas Tax 140,000 140.000 Emergency, Non - 4 Contingency Provision Scheduled Repairs Street Impact 15,000 15.000 Traffic Calming 5 Improvements Various Locations Gas Tax 20.000 20000 TOTAL STREET PROJECTS Page 4 of 8 $ 925,000 $ 8,925 $ 925,000 SCHEDULE 3-13. CAPITAL IMPROVEMENT PROGRAM DRAINAGE IMPROVEMENT PROJECTS Period: July 1, 2014 to December 31, 2014 TOTAL DRAINAGE PROJECTS Page 5 of 8 325,000 S 76,551 S 325,000 SCHEDULE 3-C. CAPITAL IMPROVEMENT PROGRAM COMMUNITY DEVELOPMENT PROJECTS Period: July 1, 2014 to December 31, 2014 TOTAL COMMUNITY PROJECTS Page 6 of 8 $ 1,781,700 S 410,411 $ 1,761,700 YTD EstimatedActual . Project Funding Source Budget Dec -31-2014 t GF Streets & Drainage Median Improvements- and Private 1 Cecilia to Bay Vista Construction Contributions $ 386,000 $ 321,838 386,000 Vegetation Removal & .2 Railroad Marsh Permits GF Streets & Drainage 50,000 31,941 50.000 3 Seed Survey Major Street Stud (3) General Fund 15,000 - 15.000 Utility Undergrounding Mar GF Infrastructure & 4 West toLyford Construction Facility 390.000 19,221 390.000 5 Curb Ramps/Sidewalk Various Locations Gas Tax 18,000 1.500 18,000 6 Trail Head Fencing Gilmartin Middle Ride General Fund 20,000 - 0 Remove Undesireable 7 ORT Improvements Vegetation General Fund 25.000 20,319 25.000 Open Space 8 Vegetation M--mt. Annual Program Measure "A" Parks 26,000 - 26,000 Town Council Audio//Video 9 Chambers Improvements Technology Fund 50,000 - 50.000 Dairy Knoll Recreation Access and Pathway Measure A/General 10 Facility Improvements Fund 133,500 1 12,394 133.500 Maintenance, New DG Measure "A" Parks, Path near Lyford Parking Measure "B", Gas Tax, 11 ORT Improvements Lot General Fund 100,000 - 100,000 Path near Trestle Glen 12 Berm Rehab As hats Gas Tax 10.000 10.000 13 Pathway near RBSD AC Overlay Gas Tax 13,500 3.198 13.500 14 South Knoll Park Rehab 300' of Pathway Gas Tax 3,700 3.700 15 Teather Park New Irrigation Lines GF Park Development 30.000 30_.000 New Waste Receptacles & 15 Benches Various Locations General Fund 18.000 - 18.000 Tiburon Blvd. 16 Relinquishment Cost/Benefit Analysis General Fund 45.000 - 45.000 Tiburon Blvd. 17 Relinquishment CalTrans PSSR Report General fund 88,000 - 88,000 Downtown Signage, Cross Walk General Fund; Measure 18 Improvements Improvements "A" 110,000 8,632 110,000 Congestion School Bus Subsidy 19 Improvements Program General Fund 250.000 2.619 250.000 TOTAL COMMUNITY PROJECTS Page 6 of 8 $ 1,781,700 S 410,411 $ 1,761,700 l� T m O M '1t d' 00 M C M 00 01 O h M O O— O O N O— O R O [r O N m N N N••� ..n 609 l� O l� M '••' O O O O O T O O NM 10 O O O O O M O oD ' ' ' O ' m 00 O ' O V' OM O 000 l� O M 001 a a m V v gv k C7, O o O O O O O N N C` ^ N M — .^• R O O O O O O O O O O O O O O O O Vi N Q N V1 IA 01 M \D 0p D\ N M 1D O N r 0 N ^ O M 7 7 X 00 00 00 � — — el a . r- 00 00 a e H m O 00 O M LA W p � � 0o0 I 00 A M M O O n N l� Vt 1D N 00 00 l� O d\ W O M l� V N 7 M O0 01 O V1 M O O l� O O CD of 0 7 7 O M 1D O �Y ••� O 10 O O ^ 7 %C �D l� 1D 00 O 7 01 O O r O V1 7 O N l� l� 10 O Vi oD M N 0D N N N M Ni N Vi b9 a0.. 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