HomeMy WebLinkAboutTC Agd Pkt 2015-04-01 (2)To:
From:
Subject:
Reviewed By:
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of the Town Council
Community Development Department
Town Council Meeting
April 1, 2015
Agenda Item: Arl
Consider Acceptance of the Annual General Plan Implementation
Status Report for Calendar Year 2014
BACKGROUND & ANALYSIS
Government Code Section 65400(b)(1) requires that an annual report be prepared by the planning
agency of each town or city, which is then forwarded to the appropriate legislative body, on the
status of the General Plan and progress in its implementation. In Tiburon, the "planning agency"
is the Planning Commission. The statute also requires a progress report on meeting the
community's regional fair share housing allocations. State law also requires that the annual
report be forwarded to the State Department of Housing and Community Development (HCD)
and to the Governor's Office of Planning & Research (OPR) in Sacramento by April 1 of each
year.
Attached Exhibit 1 sets forth the General Plan programs and describes progress by the Town in
the implementation of those programs subsequent to the adoption of the General Plan in 2005, or
in the case of the Housing Element, since its adoption on August 20, 2014. Please note that the
Housing Element program section is formatted differently to reflect unique state law
requirements for housing element reporting. Progress and commentary added or amended for CY
2014 is underlined for easy identification in the case of all Elements.
The Planning Commission reviewed the draft annual report at its March 25th meeting and
recommended acceptance to the Town Council.
RECOMMENDATION
Staff recommends that the review the draft Annual Report, make any desired revisions, and direct
Staff to forward the report to the requisite state agencies.
Draft Annual General Plan Implementation Status Report for Calendar Year 2014
Prepared By: Scott Anderson, Director of Community Development 4
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
To:
From:
Subject:
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BACKGROUND
Mayor and Members of the Town Council
Administrative Services Department
Town Council Meering
April 1, 2015
Agenda Item: A7
Request for Direction Regarding Assessment Ballots Received from the
Sonoma -Marin Mosquito and Vector Control District
The Marin -Sonoma Mosquito and Vector Control District is an independent District that was
created to prevent diseases transmitted by mosquitoes and other vectors capable of transmitting
disease to humans and domestic animals. The District serves approximately 736,000 residents in
a nearly 2,300 square mile service area.
The Marin Sonoma Vector Control District has recently mailed assessment ballots to owners of
any parcel located within the District boundaries asking them to vote on a proposed assessment to
improve services. The District desires to increase services relating to the control of mosquitos;
testing and early detection of disease such a West Niles and Lyme; provide mosquito -eating fish
to property owners for backyard ponds and water features; and control of disease -carrying vectors
using environmentally compatible approaches that focus on eliminating breeding sources and
location.
Property owners received an Assessment Ballot in the mail several weeks ago. Each property's
proposed assessment for FY 2015-16 is printed on the Official Assessment Ballot. For single
family homes on one acre or less, the proposed annual assessment is $12.86, while other
residential property types are assessed according to the number of dwelling units and parcel size.
The Total amount that would be raised by the proposed assessment for fiscal year 2015-16 is
approximately $3.6 million.
A public hearing will be held by the District at their offices in Cotati, on Wednesday, April 15,
2015 at 7:00 p.m. Tabulation of the returned ballots will commence after the close of the public
input portion of the hearing, and the results of the tabulation will be announced at the
continuation of the public hearing scheduled for 7:00 p.m. on Wednesday, May 13, 2015.
ANALYSIS
The Town, as a property owner, has received seven ballots in the mail, which are attached as
Exhibit 1. There are a total of 96 parcels listed, with approximately 42% of them showing a
proposed assessment of $0 and another 42% have an annual assessment of less than $1. The
largest assessment of $57.87 is for the Corporation Yard, with Town Hall being assessed $19.29,
TOWN OF TIBURON PAGE 1 OF 2
Town Council \Meeting
April 1, 2015
and our seven condos on Marsh Road each being assessed $7.72. The remaining parcels are
either open space or right-of-ways. On an annual basis the District is proposing to assess the
Town $147.09.
Though property owned by the Town is exempt from property taxes, the benefit assessment is
different and the law does not allow any exemptions, e.g. seniors, disabled, veterans and public
property.
For Council's information, votes are weighted based on assessment amount, therefore, a ballot
with a zero assessment would not count.
FINANCIAL IMPACT
Should the special assessment ballot initiative pass, the financial impact to the Town for FY
2015-16 would be $147.09. In future years, this assessment amount can increase by the annual
consumer price index, not to exceed 5% in any year.
RECOMMENDATION
Staff recommends that the Town Council provide direction to staff regarding submitting the
Town's ballots for the Marin/Sonoma Mosquito and Vector Control District Assessment ballot.
Exhibits: Copy of seven ballots received by the Town of Tiburon
Official Notice and Ballot Information Guide
Prepared By: Heidi Bigall, Director of Administrative Services
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Why Did You Receive This Assessment Ballot?
The Marin/Sonoma Mosquito and Vector Control District
is an independently -funded public agency, separate from
any City or the Counties, that was established in 1915. The
purpose of the District is to prevent the diseases transmitted
by mosquitoes and other vectors, and to reduce their
populations through monitoring, treatment, and preventative
measures throughout the District. (A"vector" is any organism
or animal capable of transmitting disease to humans and to
domestic animals.)
The Marin/Sonoma Mosquito and Vector Control District
serves approximately 736,000 residents in a nearly 2,300
square mile service area that covers both Marin and Sonoma
Counties.
emerging vectors, such as the Asian Tiger Mosquito,
which transmit diseases to people.
Public Hearing
A public hearing will be held on Wednesday, April 15,
2015 at 7:00 p.m. before the Marin/Sonoma Mosquito and
Vector Control District Board of Trustees at the District's
offices, located at 595 Heiman Lane, Cotati, California.
You are invited to attend the public hearing. Tabulation
of the returned ballots will commence after the close of
the public input portion of the hearing, and the results of
the tabulation will be announced at the continuation of the
public hearing scheduled for 7:00 p.m. on May 13, 2015 at
the District's offices, located at the same address above.
Public Hearing:
April 15, 2015
at 7:00 p.m.
595 Heiman Ln.
Cotati, CA
Summary of Proposed Services for Your Area:
• Continue and improve the control of
mosquitoes and the diseases they carry.
• Provide year round testing and early detection
of existing and emerging diseases, such as
West Nile virus, Chikungunya, Dengue and
Yellow Fevers, canine Heartworm, Lyme
disease, Encephalitis, Hantavirus, or plague.
• Comprehensive response to any disease
outbreaks from mosquitoes, rodents, ticks
and fleas.
• Provide mosquito larvae -eating fish to
property owners for backyard ponds and
water features.
• Control mosquitoes and other disease
carrying vectors using environmentally
compatible approaches that focus on
eliminating the breeding sources and
locations.
For more information please visit our website at
www.msmoscluito.com
The assessment ballot included with this notice allows owners
of property in Marin and Sonoma Counties to decide on a
proposed benefit assessment that would provide supplemental
funding for improved, comprehensive, year-round mosquito,
vector and disease control services. Increased threats from
new species of mosquitoes like the Asian Tiger Mosquito, and
emerging diseases such as Dengue and Yellow Fevers, and
Chikungunya, require increasing levels of protection from the
District. If the assessment is approved by the property owners,
the District would continue and enhance control of mosquitoes
and consulton othervectors, providing vector identification, and
rapid, cost-effective testing for existing and emerging vectors
and diseases in Marin and Sonoma Counties. However, if this
proposed assessment is not approved, the District may have
to reduce both current and future service levels.
How Much Is the Proposed Assessment?
The proposed assessment for your property for fiscal year
2015-16 is printed on the Official Assessment Ballot included
with this noticeand information item. Forsinglefamily homes on
one acre or less, the proposed annual assessment is $12.86,
while other residential propertytypes are assessed according
to the number of dwelling units and parcel size. Commercial,
industrial and agricultural properties are assessed according
to their parcel size and property type. The total amount that
would be raised by the proposed assessments for fiscal year
2015-16 is approximately $3,592,000.
How Was the Assessment Determined?
The total cost of the improved mosquito, vector and disease
control services that will be funded by the assessments is
allocated to each property based on the estimated special
benefit received. The method of benefit determination is based
on the type of property, the location of property, the number
of dwelling units, and its size. The types of special benefit
include: reduced mosquito and vector populations on property
and enhanced desirability, utility, usability and functionality
of property; increased safety of property; reductions in the
risk of new diseases and infections; protection of economic
activity; protection of agriculture, tourism, and business
industries; reduced risk of nuisance and liability; and improved
marketability of property. An Engineer's Report describing
the proposed services, method of assessment, budget, and
proposed assessments for each parcel is available for review
at the Marin/Sonoma Mosquito and Vector Control District,
located at 595 Heiman Lane, Cotati, California.
What This Measure Will Provide
This proposed Mosquito, Vector and Disease Control
Assessment is in addition to other assessments you
may currently pay. This mailed assessment ballot allows
property owners in Marin and Sonoma Counties to decide if
comprehensive, mosquito, rat, and other vector surveillance
and control, and vector-borne disease testing and prevention
services, should continue to be provided by the District.
The District provides free rodent inspections to residents
of Marin and Sonoma counties.
Will This Assessment Increase in the Future?
If approved, the assessment may be continued in future years. In
future years after 2015-16, the assessment can only be adjusted
for inflation by an amount equal to the change in the Consumer
Price Index (U.S. Dept. of Labor - All Urban Consumers - San
Francisco -Oakland -San Jose area), not to exceed 5% per year.
Any change in the CPI in excess of 5% shall be cumulatively
reserved as the "Unused CPI" and shall be used to increase the
maximum authorized assessment rate in years in which the CPI
is less than 5%. This annual adjustment, which must be reviewed
and approved annually at a public meeting, will help keep the
assessment revenues in line with the cost of providing mosquito,
vector and disease control services in the future.
The Mosquito District provides educational outreach to raise
awareness of mosquitoes and mosquito -borne diseases.
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 Attorney
Town Council Meeting
April 1, 2015
Agenda Item: opt 1
Recommendation to Introduce and Pass First Reading of an Amendment to
the Town's Contract Ordinance relating to Minor Contracts
Chapter 3A of the Municipal Code contains the Town's procedure for entering into valid and
binding contracts. The ordinance establishes maximum contract authorization amounts and
procedures for the bidding, award and execution of authorized contracts. The Town Council
adopted a major revision of Chapter 3A in 2008.
At the recent Council Retreat staff noted that the municipal code Section 3A-10 allows a very
simple and quick procedure for minor public works contracts under $30,000. The state statutory
threshold for using this process is now $45,000. Staff noted that matching the State threshold
would:
• Save soft costs on small projects
• Shorten turnaround time for small projects
• Increase contractor interest on small projects
• Lower construction costs for small contracts
There was general consensus at the Council Retreat that staff should bring a revised ordinance to
Council that would increase the limit for minor projects to fully take advantage of state law.
The Town's process for intermediate -sized projects is in Section 3A-11. The proposed ordinance
would amend this section to reflect the above changes to Section 3A-10. The ordinance would
also update the numbers in subsection 3A -I l(f) to reflect current state requirements for informal
bids for contracts up to $175,000. While this is done automatically by the current Municipal
Code, it is correct form to update the numbers with the Ordinance.
The changes to the ordinance to achieve this objective are shown in Attachment 1:
I_W1071as)I;\alu17IG]Y
This change should result in cost savings for Public works projects under $45,000.
Torn COL1116I \Icrting
April 1, 2015
RECOMMENDATION
Staff recommends that the Town Council:
Hold a public hearing and take testimony on the proposed ordinance; and
2. Introduce the draft ordinance, as follows: Move to read by title only, waiving any
additional reading, and introduce the ordinance amending Title I, Chapter 3A
(Town Contracts) of the Tiburon Municipal Code. Pass the reading by roll call
vote. If the first reading is passed, the ordinance will return for final adoption on a
future consent calendar.
EXHIBITS
1. Redline changes to Municipal Code Section 3A-10 and 3A-11
2. Draft Ordinance amending Section 3A-10 and 3A-11.
Prepared By: Ann R. Danforth, Town Attorney
Patrick Barnes, Director of Public works
i%c \ t v 1-1131 'lw\ I'a"c _
Town Council Meeting
April 1, 2015
Redline Changes to
Municipal Code Sections 3A-10 and 3A-11
3A-10 - Minor public works contracts
Minor public works contracts that do not exceed d4ty-fo -five thousand
($45,000) dollars may be performed by the employees of a public agency by force
account, by negotiated contract, or by purchase order. The dollar amounts set
forth in this subsection shall be automatically ad'usted to conform to the
maximum set by section 22032(a) of the Public Contracts Code or its successor
statute regarding informal bidding ordinances.
3A-11 Informal bidding for minor public works contracts: other
projects. whip -h- P*eeed- th-iFty thousand dollars
Minor public works contracts that exceed 49fty thettsand forty-five thousand
dollars ($45,000) shall be let according to this section.
(a) The town shall maintain a list of qualified contractors, identified according to
categories of work. This list shall comply will all criteria established by the California
Uniform Construction Cost Accounting Commission.
(b) All contractors on the list for the category of work being bid or all construction trade
journals specified in section 22036 of the California Public Contracts Code, or both all
contractors on the list for the category of work being bid and all construction trade
journals specified in section 22036 of the California Public Contracts Code shall be
mailed a notice inviting informal bids unless the product or service is proprietary.
(c) All mailing of notices to contractors and construction trade journals pursuant to
subsection (b) of this section shall be completed not less than ten (10) calendar days
before bids are due.
(d) The notice inviting informal bids shall describe the project in general terms, how to
obtain more detailed information about the project and state the time and place for the
submission of bids.
(e) The town manager shall have the authority to award informal contracts to contractors
selected pursuant to this section.
(f) If all bids received are in excess of one hundred twefAy seventy-five thousand
dollars ($175,000), the Town Council may, by adoption of a resolution by a four-fifths
vote, award the contract, at one hundred thi#yeighty-seven thousand five hundred dollars
($187,500) or less, to the lowest responsible bidder, if it determines the cost estimate of
the public agency was reasonable. If the lowest responsible bidder's bid exceeds at one
hundred tr,s�eve eighty-seven thousand five hundred dollars ($187,500) or if the
Council does not adopt the necessary award resolution by four-fifths vote, the Town shall
re -bid the project using the formal bidding procedure.
W The dollar amounts set forth in this Section 3A-11 shall be automatically adjusted to
conform to the maximum set by Section 22034(f) of the Public Contracts Code or its
successor statute regarding informal bidding ordinances.
TOWN OFTIBIJRON
EXHIBIT NO.,-.
I ORDINANCE NO. N. S.
3 AN ORDINANCE OF THE TOWN COUNCIL OF THE
4 TOWN OF TIBURON AMENDING CHAPTER 3A OF THE
5 TOWN'S MUNICIPAL CODE REGARDING
6 CONTRACT AWARD PROCEDURES
9 The Town Council of the Town of Tiburon does ordain as follows:
10
11 SECTION 1. AMENDMENT OF MUNICIPAL CODE.
12
13 (A) Title 1, Chapter 3A, Section 3A-10 of the Tiburon Municipal Code is hereby amended to
14 read as follows:
15
16 3A-10 Minor public works contracts: small projects.
17
18 Minor public works contracts that do not exceed forty-five thousand ($45,000) dollars
19 may be performed by the employees of a public agency by force account, by negotiated
20 contract, or by purchase order. The dollar amounts set forth in this subsection shall be
21 automatically adjusted to conform to the maximum set by section 22032(a) of the Public
22 Contracts Code or its successor statute regarding informal bidding ordinances.
23
24 (B) Title I, Chapter 3A, Section 3A-11 of the Tiburon Municipal Code is hereby amended to
25 read as follows:
26 3A-11 Informal bidding for minor public works contracts: other
27 projects.
28 Minor public works contracts that exceed forty-five thousand dollars ($45,000)
29 shall be let according to this section.
30 (a) The town shall maintain a list of qualified contractors, identified according to
31 categories of work. This list shall comply will all criteria established by the California
32 Uniform Construction Cost Accounting Commission.
33 (b) All contractors on the list for the category of work being bid or all construction trade
34 journals specified in section 22036 of the California Public Contracts Code, or both all
35 contractors on the list for the category of work being bid and all construction trade
36 journals specified in section 22036 of the California Public Contracts Code shall be
37 mailed a notice inviting informal bids unless the product or service is proprietary.
38 (c) All mailing of notices to contractors and construction trade journals pursuant to
39 subsection (b) of this section shall be completed not less than ten (10) calendar days
40 before bids are due.
41 (d) The notice inviting informal bids shall describe the project in general terms, how to
42 obtain more detailed information about the project and state the time and place for the
43 submission of bids.
Town of Tiburon Ordinance No. 556 N.S. DRAFT Adopted --/--/2015 1
EX117LIBIT NO.. _,
44 (e) The town manager shall have the authority to award informal contracts to contractors
45 selected pursuant to this section.
46 (f) If all bids received are in excess of one hundred seventy-five thousand dollars
47 ($175,000), the Town Council may, by adoption of a resolution by a four-fifths vote,
48 award the contract, at one hundred eighty-seven thousand five hundred dollars
49 ($187,500) or less, to the lowest responsible bidder, if it determines the cost estimate of
50 the public agency was reasonable. If the lowest responsible bidder's bid exceeds at one
51 hundred eighty-seven thousand five hundred dollars ($187,500), or if the Council does
52 not adopt the necessary award resolution by four-fifths vote, the Town shall re -bid the
53 project using the formal bidding procedure.
54 (g) The dollar amounts set forth in this Section 3A-11 shall be automatically adjusted to
55 conform to the maximum set by Section 22034(f) of the Public Contracts Code or its
56 successor statute regarding informal bidding ordinances.
57 SECTION 2. SEVERABILITY.
C1:?
59 If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason
60 held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such
61 decision shall not affect the validity of the remaining portions of the Ordinance. The Town
62 Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any
63 section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or
64 more sections, subsections, sentences, clauses, or phrases may be declared invalid or
65 unconstitutional.
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SECTION 3. EFFECTIVE DATE.
This Ordinance shall take effect and be in force thirty days after the date of passage, and
before the expiration of fifteen (15) days after passage by the Town Council, a copy of the
ordinance shall be published with the names of the members voting for and against it at least
once in a newspaper of general circulation published in the Town of Tiburon.
This ordinance was introduced at a regular meeting of the Town Council of the Town of
Tiburon on , 2015, and was adopted at a regular meeting of the Town Council of the
Town of Tiburon on , 2015, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Town of Tiburon
FRANK X. DOYLE, MAYOR
Town of Tiburon
Ordinance No. 556 N.S. DRAFT Adopted --/--/2015
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ATTEST:
DIANE CRANE, TOWN CLERK
Town of Tiburon
Ordinance No. 556 N.S. DRAFT Adopted --/--/2015