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TC Agd Pkt 2015-05-06
TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 AGENDA Tiburon Town Council May 6, 2015 Closed Session - 7:00 p.m. Regular Meeting - 7:30 p.m. TIBURON TOWN COUNCIL RECEPTION (6:00 p.m., Community Room) • Reception for Heritage Educator Award Recipient, Aaron Synder CLOSED SESSION (7:00 p.m.) CONFERENCE WITH LABOR NEGOTIATOR (Section 54957.6) Bargaining Units: Negotiators: Tiburon Police Association and Service Employees International Union (SEIU) Town Manager and Director of Administrative Services 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. PRESENTATIONS First Annual Heritage Educator Award- Aaron Snyder, Recipient (presented by Heritage & Arts Commission Chair Daniel Amir) The OWL Project - Kate Sears, Marin County District 3 Supervisor 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 February 4, 2015 regular meeting (Town Clerk Crane Iacopi) 2. Town Council Minutes - Adopt minutes of February 18, 2015 regular meeting (Town Clerk Crane Iacopi) 3. Town Council Minutes - Adopt minutes of April 1, 2015 regular meeting (Town Clerk Crane Iacopi) 4. Public Contracts - Adopt ordinance amending Chapter 3A of the Municipal Code with respect to contracts and bidding procedures for Minor Public Works Projects (Public Works Director Barnes) 5. Ned's Way Parking - Adopt resolution amending current permit parking program along a portion of Ned's Way (Director of Community Development Anderson) 6. Joan Palmero Retirement - Adopt resolution commending Joan Palmero for her 25 years of service to the Town on the occasion of her retirement (Town Clerk Crane Iacopi) 7. Tiburon Boulevard Undergrounding Project - Award of contract for continuation of undergrounding project along Tiburon Boulevard (Director of Public Works Barnes) 8. Downtown Crosswalk - Award of contract for installation of crosswalk on Tiburon Boulevard in the vicinity of the Lodge at Tiburon (Director of Public Works Barnes) ACTION ITEMS 1. Seasonal Rental Units - Discussion of possible changes to Town Code related to seasonal rentals and direction to staff (Planning Manager Watrous) 2. Blackie's Pasture Improvements - Discussion of proposed improvements to a portion of Blackie's Pasture and direction to staff regarding design of project (Director of Public Works Barnes) 3. North Knoll Sig ali7ation - Request of Mayor Doyle to discuss Caltrans proposed new signal at North Knoll Road and Tiburon Boulevard (near Highway 101) PUBLIC HEARINGS 1. Urban Runoff Pollution Prevention - Introduction of ordinance to repeal Chapter 20A of the Town Code and adopt a new Urban Runoff Pollution Prevention Ordinance and related actions (Department of Public Works) - Introduction and first reading of ordinance TOWN COUNCIL REPORTS TOWN MANAGER REPORT Request for ad hoc committee to work with staff to explore options to secure public access to Town open space trails. WEEKLY DIGESTS • Town Council Weekly Digests April 3 — 24, 2015; May 1, 2015 ADJOURNMENT GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (415) 435- 7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere -Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town's website, www.ci.tiburon.ca.us. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability -related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Heating(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. CALL TO ORDER Mayor Doyle ed the regular on Wednesday, February 4, 2015, in T Tiburon, Ca 'forma. TOWN COUNCIL MINUTES CC-( of the Tiburon Town Council to order at 7:30 p.m. wn Council Chambers, 1505 Tiburon Boulevard, ROLL CALL PRESENT: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell, Tollini PRESENT: EX OFFICIO: Town Manager Curran, Town Attorney Danforth, Director of Administrative Services Bigall, Director of Community Development Anderson, Director of Public Works/Town Engineer Barnes, Building Official Salzman, Police Chief Cronin, Town Clerk Crane Iacopi Prior to the regular meeting, the Council met in closed session, beginning at 6:30 p.m., to discuss the following: CLOSED SESSION PUBLIC EMPLOYEE PERFORMANCE REVIEW (Section 54957) Title: Town Manager 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. ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY Mayor Doyle said there was nothing to announce from closed session. DRAFT Town Council Minutes #.rx -2015 February 4, 2015 Page 1 ORAL COMMUNICATIONS Resident Tom O'Neill, organizer of the Tiburon Classic Car Show; said he would also like to initiate an Irish music festival in town. He said that on a recent trip to Ireland he had discovered that he was related to a famous Irish musician who is credited with preserving Irish music. He encouraged the public to stay tuned for more details. He also suggested that the Council consider becoming a sister city with the Irish Town of Bantry, on Bantry Bay, and possibly stage joint music festivals in future. CONSENT CALENDAR I. Town Council Minutes — Adopt minutes of January 8, 2015 special meeting (Town Clerk Crane Iacopi) Town Mid -year Budget Review and Amendments — Accept amended budget report for first half of FY 2014-15 (Director of Administrative Services Bigall) 3. Little League Parade — Request by Tiburon Peninsula Little League for approval of a new special event permit to stage an Opening Day Parade on Tiburon Boulevard (Town Manager Curran) Mayor Doyle asked to remove Item No. 2 and continue it to the next regular meeting for discussion. Council concurred with the request. MOTION: To adopt Consent Calendar Item Nos. 1 and 3, as written. Moved: O'Donnell, seconded by Fraser Vote: AYES: Unanimous ACTION ITEMS 1. Discussion of Public Art — Hear public comment concerning offer to Town of Mark di Suvero sculpture, Huru, and direction to staff if appropriate (Town Manager) Town Manager Curran said that on September 12, 2014, the Town received an email communication from Carol McKegney and her daughters regarding their request for the Town to display the sculpture "Huru", a work by Mark di Suvero, to honor the memory of both the McKegney and di Suvero families. Curran said that Huru is approximately 55 feet tall, the approximate height of a five -story building, and weighs 17 tons. She said the email characterized the offer as a "long-term loan" and suggested a location of "the shore of McKegney Green". Curran said the matter of the loan offer was brought to the Council's attention at its October 1, 2014 meeting and that the Council had directed the Town Manager to send a letter expressing the Town's gratitude but politely declining the artwork, which the Council informally characterized as "too large for further consideration." DRAFT Town Council Minutes Axa- -2015 February 4, 2015 Page 2 Subsequent to this step, Town Manager Curran said that many people had approached the Council with a request that the matter be agendized so that proponents of the piece could be heard before a conclusion was reached that Huru could not, or should not, be accommodated in some fashion in Town. She said the Council agreed to place the matter on the February 4, 2015 agenda for this purpose. At tonight's hearing, the Town Manager suggested that the Council consider the threshold question of whether the piece is appropriate and beneficial for display on public land in Tiburon. She said that if the Council decides to pursue the offer further, many details will need to be investigated and satisfactorily resolved, as outlined further in the written staff report. The Town Manager went on to say that the email tendering the offer did not include any details about the nature of the loan except to characterize it as "long tern". She said the size of the piece gave rise to many specific questions that would be important considerations in any decision to accept the sculpture. She said these would include (but are not limited) to: the exact terms of the loan; an exact location and notification of neighbors; conformity with applicable land use regulations and any steps needed to address non-compliance; CEQA; site investigation, preparation and installation; transportation and related impacts; liability analysis, including responsibility for damage or vandalism; removal and site restoration; and how these expenses would be covered. Curran said that a group of proponents for siting Huru in Tiburon had made a recent submission to the Town addressing some of these issues; she said that two art experts were expected at the hearing to address the Council further on this matter. With regard to land use regulation, Curran said that there are no General Plan policies that speak directly to this type of project, but noted general ones that deal with views and protection of open spaces. She listed LU -F, OSC-A, OSC-29, OSC-31, and OSC-32 as the most applicable. Curran said the Zoning Ordinance contained some standards and processes that would be more on point for the placement of Huru, such as the requirement of a conditional use permit, and a height variance, in order to be placed in a Park & Recreation -zoned location. Curran said it would most likely require adoption of an ordinance "exempting" the Huru project from the Tiburon Zoning Ordinance. She said this would require a public hearing before the Planning Commission, and a public hearing at the Town Council, as well as any required CEQA work. The Town Manager said that view blockage, visual character, protection of view and scenic environment, appropriateness of the sculpture, and other issues would all come into play as part of any Town review, both for CEQA and for the merits of the project. Concluding her report, Curran said that there is no question of the significance of the sculptor or the generosity of the offer of a long-term loan of Huru to the Town by the McKegney family. She noted that there is considerable debate over the appropriateness of this particular piece for Tiburon due to both its size and nature relative to Tiburon's limited park space. She said the DRAFT Town Council Minutes #xx -2015 February 4, 2015 Page 3 public hearing would allow the Council to hear these opinions and use the opportunity to gain a better understanding of the potential pros and cons of accepting this loan. She said if the Council determines that it wishes to explore accepting the artwork further, it should direct staff to conduct further analysis and develop answers for all the outstanding questions. Likewise, if the Council concludes that the piece would not be appropriate for Tiburon for any reason, Curran said staff recommends that it make a statement to that effect and close the matter, unless staff is otherwise directed. Mayor Doyle opened the matter for public comment. Presentation • Neil Benezra, Director of the San Francisco Museum of Modern Art, provided background information on the sculptor and related an account of his family's story of coming to America in 1941 from Shanghai, China, and sailing under the Golden Gate Bridge. Mr. Benezra said he was inspired to bring Mr. di Suvero's work to San Francisco upon the occasion of his 80th birthday, and was ultimately successful in bringing the show to Chrissy Field. He said the request was initially met with strong criticism, from both the National Park Service and other sources, but he said that public perception changed and the show was a success. Benezra said that Will McKegney was Mark di Suvero's closest friend and that Carol McKegney had inherited the sculpture. He said it became clear to him during the Chrissy Field show that Mark di Suvero is a very special individual, generous and charismatic, and he said the Town would enjoy having this sculpture. • Art Gensler, 52 -year Tiburon resident, said the Town had a tremendous opportunity to have Huru here. He said that during his tenure in Tiburon, he recalled opposition to many public projects such as the creation of the bike path, McKegney Green, and the housing development at Point Tiburon. He said the Town had changed in 50 years and that it could change some more. He said that he was committed to the Town and that this opportunity was something special and unique that shouldn't be passed over. Mr. Gensler showed on a map only two locations for placement of Huru that he said would not create view blockage — one next to Elephant Rock on Shoreline Park, and the second on the north side of Blackie's Pasture adjacent to Greenwood Beach Road. Mr. Gensler said that he lived in the world of design; that this place [Tiburon] can get better and not "stand still"; that this generous offer by the McKegney family would be a great legacy to the community. Public Comment • Diane Green, 19 -year resident, said she joined the chorus of voices and excitement over this civic event that would instill a sense of pride in our community, provide education DRAFT Town Council Minutes #xx -2015 February 4, 2015 Page 4 opportunities for kids, enliven discussion, and create a unique gathering place; she humbly urged the Council to take the next step in consideration of Huru. • George Landau, 42 -year resident, said the piece would be more appropriately located outside the corporate offices of Bethlehem Steel; said that the Town had gotten rid of the old railroad trestle, fishing cabins, etc. in order to create open space and that this structure would take away from the beauty of the open space; said there was no advantage to the Town in accepting the sculpture. • Bruce Abbott, Greenwood Beach Road, agreed and said that while noteworthy, the sculpture would sit directly outside his house [on Greenwood Beach Road]; he said that he was steadfastly, adamantly opposed to its placement there; said that the Townspeople had fought long and hard to keep Blackie's Pasture clean and free of structures that was the promise of the 1972 Open Space bond that it be left in its natural state. • Julia Foncett, resident since 1997, said he move here for the natural beauty, open spaces, greens, and hills, and that the enormous sculpture was inconsistent with the quality of the Town's parks; said she favors art, but not this piece. • Sidsel Moller, resident, said her kitchen window would look directly at the spot proposed for the sculpture at Blackie's; said she loves the open space, walking and looking at nature and wanted nothing in the park; asked the Council not to "ruin it". • Ken Caplan, resident of SF and MOMA docent who said he gave tours of the sculpture when they were at Chrissy Field, said it was not di Suvero's intent for the sculpture to just "sit there"; said it was not ugly; said that he heard lots of good comments about it during the show from people who visited; said that di Suvero's story was a great story to be told, that he had overcome disabilities, and that this could be a process of coalition building. • Pamela Martin, said we are an educated group of sophisticated people and that future generation should know that we appreciate art; she urged acceptance of the sculpture. • Harry Heath, resident since 1959, Greenwood Beach Road, asked why University of Massachusetts and SFMOMA had not kept the sculpture; that it was not a "gift" and that it would need a structural engineer and likely a large crane to install it; asked the Council not to let this type of art spoil anyone's view. • Joan Cavendish, resident since 1973, said that Huru "belongs to" and should be in Tiburon; said that we could figure out a location and urged the Council to be grateful for and accept the magnanimous gift. • Eric Artman, 20 -year resident, said the Council "did the right thing" in its initial rejection of the offer; said there are no five -story structures in Tiburon so it was wildly out of scale; that it was not di Suvero's best work and looked like something more appropriate for Burning Man; said that structural support, liability, and insurance were all expenses not factored into the loan. • Natalie (last name unknown), SFMOMA boardmember and representative of Belgian Consulate, now an American citizen, said she enjoyed the vibrant art scene in San Francisco and that di Suvero was an internationally recognized artist; urged the Council not to pass up this opportunity; said the sculpture "spoke to" her seven-year-old son and would speak to others; asked the Council not to exclude this group. DRAFT Town Council Minutes #ex -2015 February 4, 2015 Page 5 • Carol Bennett, 45 -year resident of Belvedere, said she's for artwork, and that di Suvero is one of the greatest artists; said the sculpture does fit in Tiburon with its rust and earthiness, and that it was a tall, beautiful piece; said it a view was blocked, how much; and that the art installation on the new UCSF campus was an example of how art could work with nature. • Andrea Morgan, 15 -year resident, who said she works for Mr. Benezra at MOMA, said she loves Tiburon and loves Mark di Suvero's work; said she curated the Chrissy Field show and urged the Council to allow the supporters to explore this further through the formation of a task force that would address the important questions; said that in 3 to 6 months, they could come back with a well-done, complete proposal; • Bob Doherty, poet, read a piece he had created involving an Elephant on a Trail and an imagined Tiburon Sculpture Park; said that tonight's decision would determine the future; that large-scale sculpture needed large acres of land and open sky, like Storm King. • Joan Foster, 55 -year resident, said the sculpture was not in conflict with open space and would enhance our great views; said that Huru was a tall piece but not a solid wall and was open to look through; said that open space did not mean that a pebble could never be turned; asked the Council to consider enhancing and enjoying the open space; said there were only so many fountains to be built. • Devora Parker, 41 -year resident, children's docent at MOMA for 17 years, said kids would be delighted with the "outstretched arms" of Huru and its unforgettable presence; said that many notable artists were not recognized until later on in their lives. • Silvana Wong, 40 -year resident and artist/art lover, said that people also objected to the Eiffel Tower which is now synonymous with Paris; spoke in favor of artists and having the sculpture here; • Colin Wong, said eloquent arguments had been made by both sides but that it would be a mistake to turn down the sculpture; asked the Council to allow the task force to study this further so that we can have a great piece of art in Tiburon; • Pierre LaTour, 60 -week resident of Tiburon, said he and his wife loved the landscape, the relaxation and quietness of Tiburon; said that an "opportunity" did not make bringing the sculpture here a viable argument; that the aesthetic value of Tiburon was more valuable; that a massive sculpture of this scale belonged in a big city, not a town with two parks; urged the Council to carefully consider this. • Herb Peterson, 48 -year resident, said the di Suvero story was a beautiful one but that he had seen other works of art that were more beautiful; • John Sanford, 50+ -year resident, said the Council got it right the first time by turning down the structure; advised the Council to not go back on its initial correct assumption that the piece was out of scale for Tiburon; said it would be more appropriate in Mission Bay or somewhere else; noted that people were spending lots of money on utility undergrounding to improve their views [and not further view blockage]; • Natale Servino, 34 -year resident, agreed with Mr. Gensler that the area is changing; said that he grew up in the Reedlands and that even in Blackie's Pasture's landscape had changed since he was a boy; urged the Council to continue its study of the sculpture; gave DRAFT Town Council Minutes #xx -2015 February 4, 2015 Page 6 an example of a posting on Instagram that linked the sculpture to Paris, Venice, and Tiburon (thereby giving Tiburon world-wide recognition); • Lorrie Green, 45 -year resident, said our hope is that the Council will allow the task force to continue pursuing the offer; that Mr. di Suvero had said he would transport and cover all the installation costs; that there were other offers of financial assistance over the long term, as well. • Pamela Dekema, resident since 1994, thanked the Council for the hearing; said the sculpture could be a "teaching moment" for our Town and our kids; said she was "in awe" of di Suvero's work and asked that the Town allow the study to continue. • Deborah Greenspan, first visited in Tiburon in 1972 and moved here in 1976, said she was "in love with Tiburon" and that she thought of it somewhat like Yosemite, that is, there is nothing between you and the vistas in all directions; said it gave her great pleasure to live in this "unchanged world" where the views were precious and had remained unchanged for 150 years; said another locale would be more suitable for the artwork, like the artwork placed at the new UCSF campus; • Diane Lynch agreed; said that residents had fought long and hard to preserve our open spaces (and are still paying for it); said that art and taste were hard to quantify; that the sculpture might be more of an engineering challenge than anything; suggested Belvedere might have a place for it, but that the locations mentioned for Tiburon were not appropriate; gave the example of wanting a community garden at Blackie's and being turned down by the Town because the area was for "passive, recreational use"; suggested other locations like MOMA (which is undergoing an expansion), the back side of the peninsula at Romberg Center (on a concrete pier), or Paradise Park; • John Larsen, President of Mateo Drive HOA, said it was the first time to his knowledge that all 17 homeowners agreed on something and that they were unanimously against Huru because of its size and scale; in short, he said the sentiment was why trade views for a private sculpture site; said that if the Council wanted to consider it, it should be put to a public vote; said a private location, like the di Rosa preserve, seemed preferable to a public space; • Crystal Azzarello, owner of Luna Blu with her husband, one-year resident, said that art would bring visitors to Tiburon and would enhance its reputation as a world-class destination; • Vince DeQuattro, Reedlands, who said his background was in film, showed a conceptual photo of the sculpture at Blackie's Pasture that he had posted on Nextdoor; said it did not appear massive in this multi -acre space; said while it was man-made it was made in context with nature and favors nature; asked for an opportunity to build a 3-D model and use lasers to do a more accurate rendition or artist's concept; • Robin Hudnut, thanked the Council for the open meeting and said that everyone has a story to tell; that storytelling is in the heart of being human; that Huru could tell the story and history of the I -Beam and cantilever, and more; suggested that Mark di Suvero might help us with [interpretation of] the project; • Connie Wiley said that Huru would change the entire feel of McKegney Green and Blackie's Pasture, dominating the space; said it would take away from the beautiful part DRAFT Town Council Minutes #xx -2015 February 4, 2015 Page 7 of our parks, our shorelines and the peacefulness there; said that we saved all that land in order to preserve as it is, in its peaceful way; asked the Council to not allow a large impersonal steel structure to be placed there; said there was no history or connection between it and Tiburon. • Susan Brodovich, resident of "old Tiburon", said she also conducted a poll and received an overwhelmingly negative response to the question; said that perhaps what was really needed was a realistic interpretation of how such a large-scale structure would look, perhaps by erecting story poles to show the size and scale; said that this is our natural view and that we didn't need to "look through it" to see anything. • Katherine Harper, 41 -year resident, agreed and said that we're so fortunate to have such natural beauty; • Holley Sirrell, Hacienda Drive, said there are trees in Tiburon that are bigger than this sculpture; asked the Council to consider the gentleman's offer to do computer models; said she was in favor of having the sculpture. • Art Gensler asked the Council to just consider looking at the two locations and that he was certain they would agree that views would not be blocked; that the sculpture would simply "drop lightly" onto the site and not be an installation problem; • A resident of Mar East [could not hear name] spoke to the question of whether nature and sculpture worked together and said yes, they do, just look at Storm King; said with the proper positioning, the sculpture could look beautiful. Council discussion Councilmember O'Donnell asked a question about the apparent discrepancy between the staff report --which stated that Huru would rise above the roadway if placed in Blackie's Pasture --and a photo simulation presented by the public speaker. Director of Public Works/Town Engineer Barnes said that the road at its highest point rose 45 feet above McKegney Green and the top of the road was 55 feet; he said that, in his estimation, the photo simulation of Huru showing the sculpture closer to the top of the photo would be more realistic. Councilmember Fraser thanked the speakers and everyone who had come to the hearing. He said this is what makes our community great; that we care about where we live. He said there is nothing like the Tiburon peninsula anywhere. Fraser said it considered it his role to push the ball down the road like those before him who cared so deeply about this place. He said the decision before the Council tonight was not about di Suvero, his sculpture or his history; rather, it is about land use and the public land. He said that the Town Manager had articulated this well in her report. Fraser said the Town's General Plan is a document that is updated by the community and reflects the heart and soul and values of the community. He said the General Plan, along with the Town's many ordinances and guidelines helped the Council to make its findings; and that the same documents were used to evaluate any new building or structure in public open space to determine whether it was appropriate. DRAFT Town Council Minutes #xa -2015 February -I, 2015 Page 8 Councilmember Fraser went on to say that our public open spaces are supported by our tax dollars. He said that Shoreline Park was the only place on the San Francisco Bay where one can see the City of San Francisco and the Golden Gate Bridge in a clear and unobstructed manner. He said that while he agreed with the fans of di Suvero as to the merits of the sculpture, he said he could not find any place in Tiburon for the placement of any structure of this size and magnitude. Councilmember Fredericks agreed. She said that what people valued most in Tiburon is its small-town, village character and its uncluttered views. She said the expansive views were unique. She said that to change this by placing a structure in the open space would set a land use precedent. Fredericks said that while this was a magnificent offer of artwork to the Town, she was not inclined to accept it based on our very limited accessible open space and parklands. Councilmember O'Donnell said that it worried him that the story being written was that the Council and staff did not appreciate art; he said this was not the case. He noted that the Mayor was also an artist and that the Town Council supported the arts and had supported showcasing of sculpture in the public space during the Tiburon Art Festival. He said that one day the Town will have a new library and perhaps that would be a suitable location for this piece, or other public art. O'Donnell said that he liked the sculpture, Huru, but thought that it would look better in a big city rather than a small town. Furthermore, he said that based on the comments of his fellow councilmembers with which he concurred, he would vote to reject the offer. Vice Mayor Tollini recalled a comment she had heard that "art is anything that evokes an emotional response". She said that this certainly fit the discussion of Huru. Tollini said that she loved the ideas presented, among them the idea of teaching children about art, and she had had continued to hope for a "magic" solution to this dilemma. Rather, she said she concluded that our open space and parks are sacrosanct in Tiburon; and that she could not conceive of a place that might be appropriate for this piece within the guidelines and policies of the Town's General Plan and policies. She said she could not make an exception even for such a great gift as Huru. Mayor Doyle agreed. He said he had worked for 25 years in art and design and understood the subjective nature of art. But the scale of this piece was a problem, according to the Mayor, and where to put it. Doyle said that in Chrissy Field it seemed to "disappear" into the space but not in Tiburon. The Mayor said he could not justify placing the piece in someone's view or "inflict" art on someone who did not want to see it. He said he would not impose a view obstruction to 200-300 homes that looked down onto Blackie's Pasture. He said the Shoreline Park area was also problematic; he gave an example of the objections to the Landmarks Society proposal to place a set of gallows wheels at the Railroad Ferry Museum, even if they were to lay flat on the ground. DRAFT Town Council Minutes #xx -2015 February 4, 2015 Page 9 Doyle said that while he liked the sculpture, he could not find an appropriate place for it in Tiburon. MOTION: To thank the McKegney family for its offer of this magnificent gift; but to let the record reflect the decision of the Council to go no further in its exploration, and to refuse the offer, with great regret, due to the inconsistency of the sculpture with the Town's land use policies and guidelines. Moved: Fredericks, seconded by O'Donnell Vote: AYES: Unanimous PUBLIC HEARINGS Director of Community Development Anderson said the items should be heard in reverse order from the numbering on the agenda; that the Solar Energy ordinance would be heard first. 1. Zoning Ordinance Amendments — Consider amendments to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code including requirements for installation of Solar Energy Systems on newly -constructed single-family dwellings (Director of Community Development Anderson) — Introduction and first reading of ordinance Director Anderson summarized the information presented in the written staff report. He said that Section 16-40.080 would be a new section added to the Zoning Ordinance to require that a photovoltaic solar energy system be installed on all new single family homes that are constructed from the ground up (i.e., not including remodel/addition projects). He also briefly reviewed the other proposed amendments concerning grading and excavation (Section 16-52.020(B)(4), and the addition of fire pits to the list of minor exterior alterations requiring site plan and architectural review (Section 16-52.020(F)(4). The Director said the Town Council had discussed the concept of solar requirements on new homes at its annual retreat in March 2014. At that time, Anderson said the Council directed staff to explore various options for incentivizing solar installations on new homes, and bring them to Town Council for further consideration. Subsequently, the Town Council received a memorandum dated September 9, 2014, describing various options. He said the memorandum was attached to the staff report and was discussed at a Town Council/Design Review Board Joint Workshop held on October 9, 2014. At that time, staff was directed to draft zoning text amendments and begin the public hearing process for possible adoption. Anderson directed the Council to the solar regulations set forth on pp. 2-3 of Exhibit C to the staff report, which he said were based on ones adopted by the City of Sebastopol a few years ago and would require that a photovoltaic energy generation system of at least a certain minimum size is installed on all newly -constructed detached single family dwellings. Unlike the Sebastopol regulations, Anderson said the Town's ordinance would have an "exception" clause that could be invoked by the Design Review Board (DRB) in unusual DRAFT Town Council Minutes #xx -2015 February 4, 2015 Page 10 instances, such as north -facing lots, heavy vegetative cover, and other physical conditions that might hamper the effectiveness of a photovoltaic solar energy system. In granting an exception, he said the DRB could require the home to be enrolled in the "deep green" program with Marin Clean Energy or participate in other alternative energy solutions. Director Anderson noted that the City of Sebastopol staff had indicated their program, which applies to substantial remodels as well as new homes, had been non -controversial. He said that the cost of installing solar systems had come down substantially; he also noted that there would be an automatic Town Council review of the regulations at the end of 2016. Anderson said the proposed ordinance amendments were exempt from CEQA. He recommended that the Council conduct a public hearing and consider passing first reading of the ordinance. Councilmember Fredericks asked if there would be any changes to Town permit fees related to adoption of the ordinance. Anderson said that the State caps what can be charged for rooftop - mounted solar panels at $500; he said the same fee would apply to a permit for retrofit of a system on an existing home. Councilmember Fraser said he thought the permit fees were waived by the Town. Anderson said the Town waived installations that were kept flat or rose no more than 8 inches above the roof level. Fredericks asked if the waiver would apply to installation of flat rooftop systems on new homes; Anderson said that it would. Councilmember Fraser asked for specific criteria that the DRB would need to consider an exemption [for new solar requirement]. Anderson said that the homeowner would have to provide evidence from an acceptable source. Fraser suggested that preparing a hand-out of these kinds of questions and answers would be helpful. Councilmember O'Donnell noted that technology is changing all the time and has brought new possibilities, such as solar shingles. He suggested "leaving the door open" in the Town Code for consideration of alternative proposals. He agreed with Councilmember Fraser that it would be helpful to homeowners for staff to guide them through this [new] process, but he also said that the information is easily obtainable. On the subject of fire pits, Councilmember Fraser asked why the Town would want to get into the business of permitting such structures. He asked whether outdoor barbeques might be next. Director Anderson said that the placement of outdoor fire pits, like spas, tended to generate controversy among neighbors, so that is why they had been added to the list of DRB review. Fraser asked if that meant that the Town currently reviewed the location of spas. Anderson replied that the Town had regulated the location of spas for over 20 years. Vice Mayor Tollini expressed her concerns about the requirement for solar panels, but she said that with the revisions that made the requirement unique to new construction, as well as the provision for exceptions, she would support the amendments. DRAFT Town Council Minutes #xx -2015 February 4, 2015 Page 11 MOTION: To read ordinance by title only. Moved: Tollini, seconded by Fredericks Vote: AYES: Unanimous Mayor Doyle read, "An ordinance of the Town Council of the Town of Tiburon amending Municipal Code Title IV, Chapter 16 (Zoning) by making various text amendments." MOTION: To pass first reading of ordinance, waive second reading, and set the ordinance for adoption at the next regular meeting. Moved: Fredericks, seconded by O'Donnell Vote: AYES: Doyle, Fredericks, O'Donnell, Tollini NOES: Fraser Councilmember Fraser noted that he voted "no" solely for the reason of being opposed to the regulation of fire pits; he said he supported the solar requirements. Zoning Ordinance Amendments — Consider amendments to 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) — Introduction and first reading of ordinance In his staff report, Director Anderson said that the Town had adopted its updated Housing Element 2015-2023 in August of 2014. Among the implementing programs contained in the Housing Element, Program H-ff calls for consideration of allowing "junior second units" as a method of creating additional affordable housing in the community in a low -impact manner. He directed Council to a chart comparing the impacts of secondary dwelling units (and he noted that only a few of these had been approved since 2007), and "junior second units". For instance, Anderson said that junior second units would not require additional parking spaces under the ordinance. However, he said that staff would look closely to see if a site met Town's current parking standards and that there was adequate on -street parking in the vicinity. Anderson said that during its review, the Planning Commission had made it crystal clear that junior units would not be rentable as seasonal rental units, and that requisite parking standards should be closely adhered to. He said the ordinance was exempt from CEQA and he recommended that the Council conduct a public hearing and consider passing first reading of the ordinance. A Council question asked was whether there was an opportunity for homeowners to come forward without being fined for existing units (during the resale inspection process). Director Anderson said there was really no way for the Town [inspectors] to know whether a room was used as a junior accessory dwelling unit if the homeowner had removed the appliances prior to an DRAFT Town Council Minutes #xx -2015 February 4, 2015 Page 12 inspection. Councilmember Fredericks asked whether the definition of "wet bar" included refrigerators. Anderson said that a wet bar is allowed a mini -refrigerator. Vice Mayor Tollini asked about the benefit to a homeowner if separate utilities had to be installed. Anderson said he did not believe that special district fees should be as burdensome for junior accessory dwelling units, although the special districts have not finalized their positions with respect to requirements as yet. Mayor Doyle asked where an "art studio" might fall in the definition. Anderson said that a detached art studio would be considered a "guest house' if it did not contain a kitchen. Councilmember O'Donnell asked whether the deed to the property would be affected by a junior second unit. Anderson replied that deed restrictions would require that the junior unit could not be sold separately, would not exceed 500 square feet nor be less than 150 square feet, and the owner would need to live on the site. O'Donnell asked what if a purchaser did not want the junior unit in the home. Anderson said they could simply remove it from use and this could be handled at the staff level. MOTION: To read ordinance by title only. Moved: Tollini, seconded by Fredericks Vote: AYES: Unanimous Mayor Doyle read, "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." MOTION: To pass first reading of ordinance, waive second reading, and set the ordinance for adoption at the next regular meeting. Moved: Fredericks, seconded by O'Donnell Vote: AYES: Doyle, Fredericks, O'Donnell, Fraser, Tollini 3. 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) - continued to February 18, 2015 Owners/Applicant: Julia Shumelda Appellants: Tracy and Peter Dempsey Address: 2340 Paradise Drive Assessor Parcel No. 059-191-02 TOWN COUNCIL REPORTS None. DRAFT Town Council Minutes #xx -2015 February 4, 2015 Page 13 TOWN MANAGER REPORT None. WEEKLY DIGESTS • Town Council Weekly Digests January 23 & 30, 2015 Accepted. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Doyle adjourned the meeting at 10:45 p.m. ATTEST: DIANE CRANE IACOPI, TOWN CLERK DRAFT Town Council Minutes -2015 FRANK X. DOYLE, MAYOR February 4, 2015 Page 14 CALL TO ORDER Mayor Doyl on Wedne Tiburon, C ed the regular mee ay, February 18, 2015, in ifornia. TOWN COUNCIL MINUTES Cc -- 2_ of the Tiburon Town Council to order at 7:30 p.m. wn Council Chambers, 1505 Tiburon Boulevard, 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 Public Works/Town Engineer Barnes, Director of Community Development Anderson, Assistant Planner O'Malley, Town Clerk Crane Iacopi 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. ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY Mayor Doyle said the closed session had been cancelled. ORAL COMMUNICATIONS Daniel Amir, Chair of the Heritage & Arts Commission, told Council of a new award the commission has initiated, called the "Heritage Educator Award". He explained the purpose and the inspiration of this award, which will be separate, but in addition to, the annual Heritage Preservation Award. Council thanked him for his report. PRESENTATION Presentation by Bartel Associates on California Public Employee Retirement System (PERS) actuarial and unfunded liability analyses (John Bartel, President) DRAFT Town Council Minutes fin: -2015 Februa,y 18, 2015 Page 1 Mr. Bartel provided an overview of the recent legislation affecting PERS (GASB 68 and PEPRA) and Tiburon's position relative to the system. He encouraged questions during the presentation. [A copy of Bartel's powerpoint presentation was made available to the Council and the public and is attached to these minutes.] Bartel noted the history of recent gains and losses based on the PERS 7.5% estimated rate of return. Councilmember O'Donnell asked how many agencies were in the Town's investment pool. Mr. Bartel said that 600-700 agencies were in this pool. Councilmember Fredericks asked about the amounts paid into the PERS system by employers and employees (annual contribution rates). Mr. Bartel said there was an 8% cap that could be imposed on what employees are required to pay into the system (higher for public safety personnel). He said that additional employee contributions might be negotiated. Councilmember Fraser asked about paying off the Town's unfunded pension liability. Mr. Bartel advised caution because even if the Town overfunded its liability, it would still have to pay the normal PERS rate. Councilmember Fredericks asked if there might be a recommended percentage of reserves to maintain for unfunded liabilities. Mr. Bartel said there was no bright line test; rather, he said the question was whether the agency might have the wherewithal to cover its unfunded liabilities. Mr. Bartel made recommendations to the Council concerning the two liabilities facing the Town — the unfunded PERS pension liability and Other Post -Employment Benefits (OPEB). He recommended a conservative approach whereby the Town could partially fund but not fully pay off these liabilities. He said that such an approach would make a significant improvement to the Town's actuarial position. He also recommended asking PERS for a shorter amortization period and accelerated pay-off schedule. Mr. Bartel noted the Town's position relative to other agencies' pension liability was quite good. He also noted that the Town had set money aside toward its unfunded liabilities. Town Manager Curran followed up these comments by adding that the Town had been proactive and had taken steps to cap its OPEB liability for new hires, and that this liability would eventually reduce to zero. Council thanked Mr. Bartel for his informative presentation. CONSENT CALENDAR 1. Town Council Minutes — Adopt minutes of Janunry 21, 2015 regular meeting (Town Clerk Crane Iacopi) 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 DRAFT Town Council Minutes #xx -2015 February 18, 2015 Page 2 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) Councilmember Fraser asked to remove Item No. 2 for discussion. MOTION: To adopt Consent Calendar Item Nos. 1, 3, 4, 5, 6 and 7, as written. Moved: Tollini, seconded by Fredericks Vote: AYES: Unanimous Discussion 2. Zoning Ordinance Amendments — Adoption of ordinance amending Title TV, 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) Councilmember Fraser said that while he was in support of the ordinance, he was not in favor of all the amendments, as written. In particular, he said he could not support the regulation of the placement of fire pits on a private property. Fraser said he thought it was overreaching to require a permit for this and that he would like to abstain from voting on this particular amendment. MOTION: To pass second reading and adopt the ordinance, as written. Moved: Tollini, seconded by Fredericks Vote: AYES: Doyle, Fredericks, O'Donnell, Tollini DRAFT Town Council Minutes #xx -2015 February 18, 2015 Page 3 NOES: None ABSTAIN: Fraser 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 from February 4, 2015 Director of Administrative Services reviewed the FY 2014-15 budget at mid -year. She also described some proposed budget amendments requested by staff, as detailed below: 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. 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. DRAFT Town Council Minutes #xx -2015 February 18, 2015 Page 4 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. Bigall said the eight proposed budget amendments total $192,600 and she listed the funds from which the expenditures would come. In conclusion, Director Bigall said the Town's financial condition continues to be very good. She said that staff projects an operating surplus of $570,000 at fiscal year-end, and increase of $380,000 over the adopted budget. She said this is because key revenues are performing better than budgeted, and staff continues to monitor and aggressively control operating expenses to stay within budget, according to the Bigall. Council questions and comments Councilmember Fredericks asked whether there was a way to increase the rate of return on the Town's reserves; she also asked if the Town budget had a line item for OPEB. Director Bigall said that a percentage of payroll was charged to each department on a "pay as you go" basis. She said this was shown in the budget as GASB 45 Reserve, rather than pre -funding it in a separate trust account. Fredericks said she had heard that PG&E had offered to help fund the Electric Vehicle (EV) charging stations. Town Manager Curran said she was looking into whether it would be at the ratepayer's expense and said there were private companies that could provide the services, as well. She said that staff would return to Council with more information for more stations in the coming year's budget; for now, Curran said that staff was proposing the installation of an EV station at Lyford Parking lot alone. Councilmember Fraser complimented staff on its prudent, sound and "upfront' budget management. He also noted that the Town had healthy reserves. But Fraser questioned certain of the mid -year budget amendments—the Town Hall Air Conditioning system replacement being one of them --and asked why the Town Hall maintenance account was not used instead of this being a capital expenditure. He also asked about the EV charging station and whether there were grant opportunities available rather than the sole use of the Town's funds. And finally, he questioned the cost of the proposed wood chipper which he said seemed high. DRAFT Town Council Minutes #xx -2015 February 18, 2015 Page 5 Director of Public Works Barnes responded to these questions. He said that the Town's HVAC system had never worked properly despite subsequent re -works and fixes. He said that a consulting firm could provide a comprehensive design that would address all the issues and attempts at re -working the system. Barnes also said that there were no grants available for EV stations at this time. He said that the proposed wood chipper was of a size more appropriate to the volume of vegetation handled by the Department of Public Works; he said it would also save manpower for the department. Councilmember O'Donnell agreed with Fraser's questions and said he thought that $30,000 for a new chipper was excessive. O'Donnell said that Marin Clean Energy is investigating the EV station issue and suggested that the Town wait until it was clear whether it was a public benefit or a utility or private company that would be the beneficiary. In any event, he said the latter was a policy question that should be more fully vetted. Town Manager Curran said that the Town had designed and put conduit in place during the construction of the Lyford Parking Lot in anticipation of the installation of an EV station in that location. But Curran said that staff would step back at Council's behest. Councilmember O'Donnell said that he'd like to see the growth of EV stations but wanted the Town to approach this in the right way, and to answer some of the questions --for instance, whether we could own our own stations. Councilmember Fraser agreed. Councilmember Fredericks said that she did not disagree that more information would prove helpful. Mayor Doyle briefly commented on his proposal for improvements in the vicinity of Blackie's Pasture. He described a plan to add three picnic tables between the creek and the public restroom to make that area more inviting and user-friendly. He said an initial estimate had come in quite high ($30,000, if a water meter was installed for the addition of some landscaping). Doyle concluded that the plan might be simplified and said that he would have more information for discussion at the TC/Staff retreat. Mayor Doyle asked for public continent on the Mid -Year Budget review. Resident Bonnie Wittenberg said she was proud of the Council for analyzing these issues so diligently. She said that a citizen might step forward to help with the Blackie's Pasture project to defray costs. She also suggested that the Town ask for a new design as part of the bid process in the Town HVAC project. Mayor Doyle closed the public comment period. MOTION: To accept the report and approve the budget amendments, with the exception of the EV station (for further report and information). Moved: Fredericks, seconded by O'Donnell Vote: AYES: Unanimous DRAFT Town Council Minutes #xx -2015 February 18, 2015 Page 6 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: Julia Shumelda Appellants: Tracy and Peter Dempsey Address: 2340 Paradise Drive Assessor Parcel No.: 059-191-02 Assistant Planner O'Malley reviewed the history of the application and Design Review Board approval, as more fully detailed in the written staff report. She reviewed the grounds of the timely appeal and staff's responses. O'Malley said that the Design Review Board (DRB) had approved the project on a 4-0 vote, and had added a condition to cut one angle of the proposed deck to 45 degrees. She recommended that the Council conduct a public hearing and ultimately deny the appeal and uphold the decision of the Board. Mayor Doyle opened the hearing to the appellants. Attorney John Sharp, representing the appellants, Tracy and Peter Dempsey, asked that his previously submitted written comments be reiterated for the record. He said that findings and evidence in the record were required for the approval of an application, which could not be met in this instance. He said the views and privacy of his clients would be impacted by the application, both of which were protected by the Town's Hillside Design Guidelines and Zoning Ordinance. Sharp provided some drawings he said were prepared by a licensed architect that showed the impacts on privacy from the applicant's proposed 4 x 8 foot window which he said would not be mitigated by landscaping. In addition, he said the DRB had noted the view impacts from the proposed deck expansion which it had attempted to mitigate by cutting off the corner at a 45 - degree angle. He said an approval of this application would invite future neighborhood conflict, was unfair, and not good planning. Vice Mayor Tollini asked a question about the existing landscaping [hedge] that provided screening of the windows. Tracy Dempsey, appellant, said that the proposed window would create "blinding" light to her bedroom, living room and other living areas. She said that she and her husband had worked for 40 years to be able to have these views and enjoy them. She said the applicants' plans would ruin the views and impact their privacy. She particularly noted the view of the Marin headlands which she said would "disappear" as a result of the deck expansion. She said this view and the DRAFT Town Council Minutes #xx -2015 February 18, 2015 Page 7 one of Tiburon Boulevard reminded her of the Corniche. She asked the Council to please honor its law-abiding citizens, noting that an adverse decision on its part could "not be undone". Peter Dempsey, appellant, said he and his wife had first started looking for a home in the area in 2004 and had purchased their home in 2009. He said they had someone lay out their furniture in the home in order to capitalize on the views. He said that the applicant's enlarged deck would also have more "stuff' on it which would impact their views. He asked why a 4 x 8 window was necessary if the applicants were just going to screen it. He thanked the Council for its consideration. Attorney Riley Hurd, representing the applicants, said he would rely on the photographs taken by staff as exhibits to the staff report. He said that the members of the DRB had validated the staff photos and went on to say the deck expansion is exactly what Goal 3, Principle 7 of the Town's Hillside Guidelines called for. In fact, he said it mirrored exactly the principles stated in the "yes" category. He said his client's deck was lower than the Dempsey's views and much less intrusive than stated. Hurd said that the hedge, which belonged to the appellants, was not going anywhere. He said that the homes are off -set and that his clients looked into the appellant's yard, not home. He said that the window would be pulled back on the wall and would be the same width as the existing window. He said that light from the applicant's home would be the same and the privacy would actually be improved for the Dempseys. He said that the DRB had plenty of evidence and findings for the record. However, he said the condition that had been added, the "odd -shaped" 45 -degree angle of the deck, actually had no impact on the appellants. Therefore, he asked the Council in this de novo hearing to reinstate the deck plan as submitted, due to the non - effectiveness of the DRB -required 45 -degree corner. Applicant Julia Shumelda said that she had lived for nine years at that location and was now the owner of the home. She thanked the Council and staff for its consideration of her application. She said that it was really a minor project; nevertheless, she said that she and her partner wanted to respect the culture and character of the neighborhood. She said that the appellants had not met with them to discuss the proposed application. She said that architect Roger Bartels had designed the project and the DRB had approved it on a 4-0 vote. She said the decision to cut off the corner of the deck was an attempt to compromise and had come about "on the fly" at the second DRB meeting. She said that only later had they learned that removing the corner could be structurally complex. Shumelda said that cutting it might prove to be a futile endeavor and that the glass railing would render it irrelevant. Since the original proposal complied with the Town's design guidelines, she asked for reinstatement. Ms. Shumelda said that the appellants' hedges were dense and thriving. She said that they provided privacy and also provided light blockage at night. She said she was baffled at having discovered [in Town records] an old permit pulled by the appellants for a wraparound deck on their dwelling. She respectfully asked for denial of the appeal and an approval of the original deck design. DRAFT Town Council Minutes #xx -2015 February 18, 2015 Page 8 Questions from Council Vice Mayor Tollini asked if there was anything in the Hillside Guidelines to direct mitigation by the addition of landscaping. Director Anderson said there were no general principles addressing this issue; but he noted that existing landscaping was a more reliable screening tool than proposed landscaping. Councilmember Fraser asked what constituted primary views under the Town's guidelines. Planner O'Malley cited Goal 3, Principle 7 (view protection) that described views from primary living spaces and decks associated with these rooms. Fraser noted the views of the Bay and the Golden Gate Bridge from the Dempsey's home; he said these views were "center stage", whereas the views on the outer edges were not considered as important, under the Town's guidelines. Planner O'Malley concurred, stating that the guidelines also listed "important objects" [like the Golden Gate Bridge] and said that when there was a wide, panoramic view, peripheral views have less protection. Vice Mayor Tollini asked DRB Chair Gordon Cousins for his comments on the recommendation to cut the corner of the deck to 45 degrees. He said that the decision was an attempt to keep the deck in [a visual] line to where it was at the moment, as well as a way to keep the addition of furniture from encroaching into the Dempsey's view. But also he commented on the drawing submitted by the appellants, stating that the proposed window "would not look anything like that". Mayor Doyle opened the hearing to public comment. Jeff Teather, former owner of 2340 Paradise Drive, said that the hedge in question was already full-grown when he lived there in the 1950s. Mayor Doyle closed the hearing to public comment. Appellants' rebuttal and Council discussion Attorney Sharp questioned the relevance of some of the comments and warned against "character assassination" of his clients. He said that his clients were not invited to meet with the appellants and that their design comments were met with a "no". He went on to rebut a statement that the proposed window would emit the same amount of light, noting that the square footage would be twice as much. He also said that there is a guiding principle that warns against relying on landscaping for privacy protection; and that if the window was being screened by landscaping, why make it larger? Finally, he noted that his clients did receive approval for a deck in the past but asked how this was relevant to the application under review. Vice Mayor Tollini asked Mr. Sharp whether his clients had a preference for the 45 -degree corner of the deck if the Council approved the application. Mr. Sharp said that it would probably DRAFT Town Council Minutes #xx -2015 February 18, 2015 Page 9 help a little. His client, Mr. Dempsey, agreed that "anything will help". Mrs. Dempsey said that they would lose the view of Tiburon Boulevard and the Marin Headlands. Mr. Sharp agreed; he said this concern was expressed at the DRB meeting and that there were multiple views that were not all expressed in the Town's guidelines. Councilmember Fredericks asked whether the square footage of the proposed window replacement was 15 square feet. Ms. O'Malley said that there were two existing windows -- one 4 x 8 and one 3 x 5. The architect clarified that the two existing windows represented seven feet of width. Fredericks said her question pertained to the amount of glazing versus placement of the windows. Mr. Bartel said there were 47 square feet of proposed window versus 31.5 square feet of existing. Fredericks asked whether there might be a concept of a "no furniture" easement on a deck. Town Attorney Danforth said it might be possible, but that it would be difficult to enforce. Mr. Hurd said that his clients considered proposing that and had agreed that they would not place their umbrella in that comer. But he reiterated that the primary living spaces and the primary view corridors of the appellants were actually much higher [and looked over] the work proposed in his client's application. He suggested that the night photos the appellants had submitted had been taken through the hedge, and that this was a "race to develop" because the approval of the application might limit future development on the appellant's property. Mayor Doyle asked what the purpose of the floor -to -ceiling window was if it was blocked by a hedge. Architect Bartel said that the 4x8 window would face east, toward the rising sun and south, to the deck. He said that sun hitting the floor would make the interior area seem larger and livelier. In response to the Mayor's question about furniture placement on the deck, attorney Hurd said that his clients would keep their umbrellas to the right of the midway line on the deck. Mayor Doyle closed the public comment portion of the appeal hearing. Councilmember O'Donnell said that the changes proposed by the applicant were not such a big deal in the scheme of things. He said he would vote to deny the appeal on the basis of findings made by DRB and staff. He said that he had visited the site and had read all the submitted materials; he said he concluded that almost nothing is being taken away from the appellant's view of San Francisco and the Golden Gate Bridge; that this sort of appeal was out of line for a "densely populated, suburban village". He said there could be no expectation of full privacy in Old Tiburon. Councilmember Fredericks said that she, too, would vote to deny the appeal, and further would vote to restore the scope of the deck. She said the Town's guidelines tried to balance the current status of existing homes and remodel projects, and that the guidelines protected not just the monuments but where they were in a primary view. Fredericks said that the project was a minor DRAFT Town Council Minutes #xx -2015 February 18, 2015 Page 10 one and the guidelines were clearly articulated in the Hillside Design Guidelines. She said the larger window would angle out toward the appellant's yard but noted that the existing landscaping would control that. She said the cutting of the deck corner did not achieve the purported effect of protecting certain views so cherished by the appellant, and therefore it did not seem fair to impose it on the applicant. Vice Mayor Tollini said that she empathized with the appellants and had experienced similar feelings when her neighbors built a deck right in "her" view. However, she said the Council had to adhere to the Town Code and Hillside Design Guidelines. She said that Goal 3, Principles 7A through 7E could not have been written better to address this application. Councilmember Fraser asked when the Hillside Design Guidelines were developed. Director Anderson said that it was in the early 1980's. Fraser said that he, too, had visited the site, reviewed the guidelines, and would vote to deny the appeal. He said that the Hillside Design Guidelines provided a fair, objective and proper analysis of primary and secondary views. He said that the deck would be a minimal interference in these views, especially with the installation of a glass railing. He said that staff had done the proper analysis and the DRB had made the proper findings to approve the application. He also said he would support the restoration of the 90 -degree corner to the deck. Mayor Doyle noted that he had not visited the site but had served on the DRB for five years. He said that the impacts seemed minimal, and did not appear to create a major view blockage. However, he said the 45 -degree corner of the deck seemed "kind of cool"; he also said the argument about the new window letting light "in" but not "out" seemed inconsistent to him. MOTION: To direct staff to return to Council with a resolution of findings to deny the appeal and to restore the original deck design submitted by the applicant. Moved: Fredericks, seconded by Fraser Vote: AYES: Fraser, Fredericks, O'Donnell, Tollini NOES: Doyle TOWN COUNCIL REPORTS Councilmember Fredericks said that the Transportation Authority of Marin had approved a traffic consultant contract for a traffic circulation study at the Tiburon "Y" intersection in order to establish a baseline for the proposed metering lights. She said that 80,000 cars passed through the one -square - mile area every day, including 13 bus routes. Councilmember Emmett O'Donnell commented that TAM should tackle the larger problems of Southern Marin's traffic congestion such as re-routing the 101/580 interchange through San Rafael. DRAFT Town Council Minutes #za -2015 February 18, 2015 Page 11 TOWN MANAGER REPORT None. WEEKLY DIGESTS • Town Council Weekly Digests February 6 & 13, 2015 Accepted. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Doyle adjourned the meeting at 11:20 p.m. ATTEST: DIANE CRANE IACOPI, TOWN CLERK DRAFT Town Council Minutes ifr -2015 FRANK X. DOYLE, MAYOR February 18, 2015 Page 12 triterr.u"" � J iNiiSCI LLANEOUS ANI) SAFETY PLAINS Ca1PERS Actuarial Issues _ 6/30/13 Valuation Preliminary Results Presented by John Bartel, President Prepared by F3ianca I.in, Assistant Vice President Matthew Childs, Actuarial Analyst Bartel Associates, LLC February 18, 2015 n ..11121%. 1 ,tit••a Agenda Topic Page CaIPERS Changes Miscellaneous Plan; Demographic information 2 Plan Funded Status 3 Contribution Rates & Projections 5 Safety Plan: Demographic information 9 Plan Funded Status 10 Contribution Rates & Projections 12 GASB GS 15 PEPRA Cost Sharing 16 Paying Down the Unfunded Liability & Rate Stabilization 18 Retiree Healthcare Plan 20 Exhibits 23 Uhtram11.1e1`kn10tiaitovi DINce,rr.`:atpaef,..lR•I;1q,4, RWrognt{.u..•INcikvt•,loy:hµhe CAI.PERS COANGE:s ■ Contribution policy changes: • No asset smoothing • 5 -year tamp up • included in 6/30/13 valuation (first impact 2015/16 rates: full impact 19/20) • Risk Pool changes • All Risk Pools combined into one Miscellaneous & one Safety • Collect payment on UAL as dollar amount, not as °o of pay • Payments allocated to agencies based on liability & assets rather than payroll • Included in 6/30/13 valuation (impacts 15/16 rates) ■ Assumption changes: • Anticipate future mortality improvement • Other. less significant. changes • Included in 6'30114 valuation (first impact 16/17 raves; full impact 20/21) fl February lg. 20 (5 1 SUMMARY OF DEMOGRAPHIC. INFORMATION - MISCELLANEOUS n February uary i5. 2011 2 lee 2002 2011 2012 2013 Actives • Counts 27 26 26 35 • Average PERSabJe Wages $64.000 S88.000 889.900 S42.900 ■ Total PERSab1e Wages (millions) 1.7 2,3 2.3 2.3 lnactive Counts • Transferred 15 14 14 15 • Separated 7 9 8 8 ■ Receiving Payments 25 34 2,..) 34 n February uary i5. 2011 2 lee L P1..1\ PE NI»:n STATUS - MISCELLANEOUS 1nw, prom Value, Id Ik1rlN, June JAL 2611 1,[wW 4 P,11 01"44 I 1.$4110 June 30. 2012 S 12.800.000 11.700,000 (1.100,0001 June 30. 201Z S 12.800.000 9.900,0001 (2.900.000) 1 ehrli:er> IS, 1OIS l.,weld Il\44,q Actanria! Liability Actuarial Asset Value (Unfunded Liability) Actuarial Liability Market Asset Value (Unfunded Liability) 3 Pm.vnl {Aar of &n,nl. •bu,r .ln, mIJ June 30. 2013 S 13,900.0100 N/A N/A June XL 2013 13.900.000 11.300,000 (2.600.000) n10eei.41'1 tt 11 ,41.44 1u1m„i INVESTMIEN'1' RE'T'URN - MIScEt,I.:\NEo1,1S r —_0000....-.�•� h.., t, F..,> P{1.2 .4=. 1.,�.1,`: 1 f.. , . l`�C lls va';.�.i�r �•i11,:. �`t.'`.f�:.:C.J31: Above assumes avrdributiclrs. pi* mews. etc. received eve tij. ibroligb wi year. Estin,:tir;el ro 30.201'a ba c41 i>n 011PEROS (+dual re:tltir» thr g1 111'31114 tIrld aLKsortiv 1 7 S' annual rit luaa 31,r the rcrnaicaiau 8 months, n %cttraamrs IS. 2013 LCON'tittutTioN RATEs (ALL Tn,14s CO IIi1NI 1)) -- MISC. ■ Valuation 6/30112 6130/13 PI Contribution Year 2014/2015 2014/2915 Required Employer Contribution • Risk Pool's Net Employer Normal Cost 7.8'a 8.0% • l inai Average Compensation (1 -Year) 0,5% 0.5",fin • Total Normal Cost 8.3% 8.5% • Risk Pool's Payment on Amortization Bases 3.2% 4.8% * Amortization of Side Fund 0.0% 0.0% • Total Employer Contribution 11.5"/o 13.3% ® Total Employer Contribution S S 269,000 S 308,000 ■ What Happened from 6/30/12 to 6/30/13: • 2014/15 Rate 11.5% A Asset Method 0.9% • . Risk Pool Changes 0.5% • (Gains)/Losses 0.4% • 2015/16 Rate 13.3% -- G.broar� 15..10154 ' � CONTRIBUTION RATES (ALL TIERS Co4'IBINED) — MISC. I-- ■ Market Value Investment Return: • June 30, 2012 • Jude 30.2013 • June 30, 2014 0.1%1 13.2%2 18.4%3 Pox Expected Good • June 30. 2015 - 2020 0.2% - 4.3% 73% 10,6% -15.1 • No Other Gains/Losses, Method/Assumption Changes, Benefit Improvements • Excludes Employer Paid Member Contributions (EPMC) • Includes CaIPERS Board adopted assumption changes, first impact 2016/17 • New hire assumptions: • Assumes 50% of 2013 new hires will be Classic Members (2%@55) and 50% will be New Members with PEPRA benefits. • Assumes Classic Members will decrease from 50% to 0%ofnew hires over 20 years 13wid1 ou ('aIPL:RS ('AFR. 13amd on Ca1PERS ('AIR. Rased on COPF,RS CARR. February 18, 201$ (ti 1 CONTRIBUTION RATES (ALL TIERS COMBINED) -- MISC. :3S 15% 5% 0% 19.74 17.54, 15.74, 1 b1. % - 15.1':; 15,8%_ ._...__._ 1313141 1.440., 13.9% — — 10.0% • 613"1n 8„1'!n 8.8"% 8,7% 6:0';'6 ,r. 3. 14/'15 15/16 TM16117 17/18 18/19 1920 20/21 21;22 22/23 Total Normal C'o:tlliAl. Paymcnl l 1 ubn.: ry 16, 2015 J 1 CoNTRII1uT1oN RATES (ALL TIERS COMBINED) — MISC. S800 s700 • 5600 ;__.. 5500 $400. 5300 3041 5290 ---194 S100 44.1 344 514 643 7077 43a 436 446 457 371 iii 3$3 319 3118_... 281 ':1: 237 211 214 219'. 23��_ •.I3- _ 7 .10 1116 -.: 14;15 15'16 1617 1718 18/19 19,20 20 21 .1 .2 22.2:3 ' • febru w 18.2015 Tnta1 Normal Cost r°I'A1. Payment 8. SUMMARY OF DEMOGRAPHIC INFORMATION - SAl ETV February 11.2015 9 1 ibuaun rt. \DEO STATUS - SAFETV Prom Y•dar n111rnrUn I'Irwnl VAitit ar»twilt, JaneJn,:al; 1 Wrd„i I'111 I I ,a..J.J ..1JYn 14Nk,• Jaw Jil,piPJ 1'Wu.W.i YI 11 100, II Mw• i l.l.t... June 30. 2012 .lune 30, 21)13 12.100.1100 Actuarial Liability S 13.000, 1(11) 10.900.000 Actuarial Asset Value \ .k (1.200,000) (L1n1'uutletl1.iabiliity) N ;_l.-._.. ;lune 31). 201Z :Lane 311.. 013 S 12.100,)))))) Actuarial Liability S 13.000,000 9200.000 Yiarket Asset Value 10.500.000 (2,901),1)111)) 41 uftlntieii Liability) 12.500.1)1)1)) 1.011,IJin 1,,'1113 1” - 2002 20111 2012 2013 1 Actives 1 • Counts 14 14 13 13 1 Average PERSable Wages $73.200 $ 107,800 $103,800 $107,300 • Total PERSabie Wages (millions) 1.0 1,5 1.� 1A Inactive Counts Ni 'Cransferred 13 5 5 . 5 ■ Separated 5 8 h 9 P Receiving Payments 15 281. 30 31 February 11.2015 9 1 ibuaun rt. \DEO STATUS - SAFETV Prom Y•dar n111rnrUn I'Irwnl VAitit ar»twilt, JaneJn,:al; 1 Wrd„i I'111 I I ,a..J.J ..1JYn 14Nk,• Jaw Jil,piPJ 1'Wu.W.i YI 11 100, II Mw• i l.l.t... June 30. 2012 .lune 30, 21)13 12.100.1100 Actuarial Liability S 13.000, 1(11) 10.900.000 Actuarial Asset Value \ .k (1.200,000) (L1n1'uutletl1.iabiliity) N ;_l.-._.. ;lune 31). 201Z :Lane 311.. 013 S 12.100,)))))) Actuarial Liability S 13.000,000 9200.000 Yiarket Asset Value 10.500.000 (2,901),1)111)) 41 uftlntieii Liability) 12.500.1)1)1)) 1.011,IJin 1,,'1113 1” 1 CONTRIBUTION R. TEs (Au. TIERS COMBINED)- S:u:Er O Valuation • Contribution Year r3 Required Employer Contribution • Risk Pool's Net Employer Normal Cost • I•'inal Average; Compensation (1 -Year) O Total Normal Cost 4 Risk Pool's Payment on Amortization Bases o Amortization of Side Fund O 'Total Employer Contribution • Total Employer Contribution S ■ What Happened from 6/30/12 to 6/30/13: O 2014/15 Rate O Asset Method Change O Risk Pool Changes O (Main.}.%Losses O 2015'16 Rate Pelma) 1$,;'.1115 II 6/30/12 6/30/13 ;90/2015 201 /2015 15.4% 15.6° 0.0% ____ 15.4% 15.6% 5,9% 7,9% O.0°l% 0.0% 21.4% 23.5% S 288,000 S 328,000 21.4% 0,4% 0.3% 23,5% 1 ihu ran CONTRIBUTION RATES (ALL TIERS COMBINED).- SAFETY I • Market Value Investment Return: • June 30, 2012 0.1%4 • June 30, 2013 13.2%5 • June 30, 2014 18.4%G Poor Exiageted Good • June 30, 2015 - 2020 0.2% - 4.3% 7.5% 10.5% - 15.1% ■ No Other: Gains//Losses, Method/Assumption Changes, Benefit Improvements • Excludes Employer Paid Member Contributions (EPMC) • Includes Ca&PERS Board adopted assumption changes, first impact 2016/17 • New hire assumptions: • Assumes 50% of 2013 new hires will be Classic Members (3% rr 55) and 50% will be New Members with PEPRA benefits. • Assumes Classic Members will decrease from 50°%9.to 0% of new hires over 10 years Based °n C a1PERS cArR. 5 i3Mad on CuIPCRS CAFR. " Based on CnIPERS CAFR. Fetaririr' IR. 2015 12 ,, - CONTRIBUTION RATES (ALL TIERS Co 1}INE1))- SAFETY 4 140°n 27.7'.0 2&I% 39.3% W� 26.9% 3K.}' 23.3% 21.4% _15,4% I5,4%_..-_16,,{96 161% 35.$'0 2•I .dP •, 35.74° 38 110 211.9% 28;7% 15.9% 15.7"/1, t 5.;"/, !'3 4% 13.4% 1.3.4% 37.1"/, S. 28.4% 14,15 15146 16,17 17;18 18;19 19.217 20.21 21,22 2123 'toted • Ngnnal Cost QUAL Payment -1 February 4 N. MI5 13 CON'l'RIDliTION RATES (ALL TIERS COMBINED} SAFETY 6700 $600 $400 529 163 449 111 428 370 .18.1 189 181 X28 S300 __- 186 _ 5200 - .218 -.. J 236. _.. 239 243 1100 635 468 478 3.11 299 ti 4 488 238 247 251 154 15N G 14 15 15 16 18 17 17 18 18.14 19,210 20121 '9.22 ii 73 I:i1a1 Normal Cost QUAL Payment 1 n e1runry IR,2111S 14 1 GASB 68 ■ Pension Accounting: • GASB 68, Accounting for Employers, approved June 25.2012 • Replaces GASH 27 • Effective 2014/15 • Major Issues: • Unfunded liability on balance sheet • Expense calculation disconnected from contribution calculation • Discount rate is ® Expected return on plan assets when assets sufficient to pay benefits d Municipal bond rate when assets not sufficient to pay benefits Likely caused CalPERS to ;mull/3 assets smoothing and/or amortization ation policy to avoid using discount rate lower than expected return (7.5%). ■ Estimated June 30, 2014 Unfunded Actuarial Li:tbitity (in Millions) Plan Total Pension Liability (AAL.) fiduciary Net Position (MVA) Net Pension Liability (UAL) Miscellaneous $ 14.6 $ 13.1 $ 1.5 Safety 13.1 11.6 1.5 Estimated Total Net Pension Liability $ 3.0 Fdbruhry 18.2015 13 PEPRA COST SHARING Target of 50% of total normal cost for everyone New members must pay greater of 50% of total normal cost or bargained amount if higher • Employer cannot pay any part of new member required employee contributions • Employer may impose current employees pay 50% of total normal cost (limited to certain amounts) if not agreed through collective bargaining by 1/1/18 • Miscellaneous Plan: • Employer Normal Cost • Member Normal Cost • Total Normal Cost • 50% Target Current Members New Members Tier 1 PEPRA 2%605 FAE1 2.5%0)67 FAE3 8.5% 6.24% b. % 15,4% 12.49% 7,7% 6.25% Vutpriinry 18, 2015 16 l PEPRA COST SHARING • Safety Plan: • Employer Normal Cost • Member Normal Cost • Total Normal Cost • 50% Target Ctu�a ent. Ment eix New Memberk Tier 1 PEPRA elaga 6 =al/LW 15.6% 11.15% 9.0% 11.50% 24.6% 22,65% 12.3% 11.33% Fcbnuiiy 18, 2015 17 PAYING UN FL DEt) LIABILITY & RATE STABILIZATION rION 1 ■ Pension Obligation Bond (PO13) • interest arbitrage between expected CaIPERS earnings and rate paid on POB • Not guaranteed • Borrow from General Fund • Pay GF back like a loan • Payments come from ell funds ■ Request shorter amortization period oi'CaIPERS • Higher short term payments • Less interest and lower long term payments • One tine payments • Council resolution to use portion of one time money fl 1,elmiasy 11t. 2015 18 rPAYING UNFUNDED L1:�I3Il.rr1' & RATE STABILIZATION 1 • Internal Service Fund vs. irrevocable Supplemental (§ 115) Pension Trust • Internal Service Fund Cl Restricted investments O Likely low (0.$% - 1.0%) investment returns O Short term/high quality O Designed for preservation of principal O Assets could be used by Council Ibr other purposes • Irrevocable Supplemental (`§t115) Pension Trust O One Trust established so far © PARS & PFM 0 Investments significantly less restricted O Designed for long term returns O Likely much higher (5% - 7%) investment return O Assets could not be used by Council for other purposes. O Can only be used to pay O Reimburse Town for CalPI ,RS contributions O Make payments directly to CaiPERS (Th February 18. 2013 19 TOWN'S RETIREE HEALTHCARE PLAN Actuarial Obligations (amounts in Mrs) • Valuation 1 7/1/08 7/1/11 7/1/l4 Projection 1 ■ Discount Rate 4.00% 4.00% 4.00% 6.00% 1 ■ Actuarial Accrued Liability • Actives $ 2,014 S 2,612 n/a n/a 0 Retirees 144 389 n,'a n/a 0 'Total 2,158 2.901 $ 4.716 S 3,930, • Actuarial Value of Assets - ■ Unfunded Liability 2,158 2,901 4316 3,930 • Internal Service Fund n/a n!a n/a 844 ■ Unfunded AAL w/ Asset? Wit nia I1/a 3,086 Incit%d 5 expceuetl 5% inero:tse l't min:3ity improvelotott and uxpucted 21'i' increase fur intpiic:l subsidy benefits. Based on iFImo Woofers irtictri tl service flora moon to irrevocable Mkt (Th FO*1411),' 18. ?915 ?r, TOWN'S RETIREE HEALTHCARE PLAN • Junco 30, 2014 Valuation required • Pre -Fund obligation? • Reduces liability CI Higher expected investment return • Cii nerationally equitable • Valuation issues . • Mortality should include anticipated future improvement • Implicit rate subsidy Icbnwn Ii. 21113 21 Ir . TOWS RETIREE HEALTHCARE PLAN This page intentionally left blank. [ebriawr 13, 2015 22 7 isc.4-4:,- i M - DEFINITIONS Pr.rag t'a113L.nr{S,ncl1/. A `IU$ row r F,.n,r L •I% ter..• ..,..I te,1 u+wW 1 i•12h1 a ■ PVB - Present Wine of all Projected Benefits: • Discounted value: (at valuation date - 6130/13). ()fail future expected benefit payments hased on various (actuarial) assumptions • Actuarial Liability: • Discounted value (at valuation date) of benefits earned through valuation date [value of past service benefit] • Portion of PVB "earned" at measurement ■ Current Normal Cost: • Portion of PVB allocated to (or .:earned" during) current yeti • Value ofemployee and employer current service benefit February 18, 2015 !3 -- _: [ DEFINITIONS Anwnt Lodi of tleoerii• Awe 30, 21113 Ainw41 11.MiM I Omaha 1.1'11 ▪ Target-1•tave money in the bank to cover Actuarial Liability (past service) ■ Unfunded Liability - Money short ot'target at valuation date • Excess Assets / Surplus: • Money over and above target lit that non in time © Doesn't mean you're dodo contributing • Saner Funded: • Assets cow whole pie (PVB) • if everything goes exactly like PERS calculated. you'll never hiive to put another (employer or employee) dime in n ? :hroriry 18, 2015 24«1-7/11111111111 I CkL.PERS CHANGES • Contribution policy changes: • No asset smoothing • 5 -year ramp up • Future Gains/lasses: 25 year amortization period ❑ With 5 year ramp up paeans paid over 30 years • Method & Assumption changes: 15 year amortization period 0 With 5 year ramp up means paid over 20 years • No cap on rate increases each year • Assumption changes: • No changes to economic assumptions • Anticipate future mortality improvement • Earlier retirements for Miscellaneous 2.5%@55 & Safety • Higher salary increases for Safety near retirement fl rehnuuy 18.3015 25 CALPERS CHANGES • Risk Pool changes • All Risk Pools combined into one Miscellaneous & one Safety • Risk Pool's payment on unfimded liability: ❑ Continue using anticipated payroll growth (3%) for payment calc O Collect payment as dollar amount, not as % of pay ❑ Payments allocated to agencies based on liability rather than payroll ❑ Higher liability compared to payroll share will see contr. increases i3 Lower liability compared to payroll share will see contr. decreases • Risk Pool's normal cost payment ❑ Continue payment as % of pay ❑ Adjustment by formula (3%@50, 3%@55, etc.) & ancillary benefits (FAE. COLA, PRSA. etc,) • Side fund method O No change on current side fund balance or amortization schedule ❑ Will collect payment as dollar amount. no as 96 ofaay NIwkinry 11, 2013 '6 CALPERS CHANGES ■ Timing: • Contribution policy changes: 0 Included in 6/30!13 valuation (first impact 2015/16 rates) ❑ Pull impact in 2019/20 rates • Assumption changes: ❑ Included in 6/30/14 valuation (first impact 2016, 17 rates) ❑ Pull impact in 2020/21 rates • Risk Pools: ❑ Included in 6/30/13 valuation ❑ Impacts 2015/16 rates prawAr- 1: ebniary IS, 2013 27 ' CALL TO ORDER Mayor D • e called the re Wedne•.ay, April 1, 2015, in fornia. TOWN COUNCIL MINUTES r meeting of the Tiburon Town Council to order at 7:30 p.m. on own Council Chambers, 1505 Tiburon Boulevard, Tiburon, Cali - ROLL C PRESENT: PRESENT: COUNCILMEMBERS: EX OFFICIO: CLOSED SESSION (6:15 P.M.) Doyle, Fraser, Fredericks, O'Donnell, Tollini Town Manager Curran, Town Attorney Danforth, Director of Administrative Services Bigall, Director of Public Works/Town Engineer Barnes, Director of Community Development Anderson, Minute Clerk Hennessy CONFERENCE WITH LABOR NEGOTIATOR (Section 54957.6) Bargaining Unit: Tiburon Police Association Employee Group: Unrepresented Employees Negotiators: Town Manager and Director of Administrative Services The Mayor announced that direction was given to staff; no further action taken. ORAL COMMUNICATIONS There were none. INTRODUCTIONS Director of Administrative Services Heidi Bigall introduced Patti Pickett, who was selected over 50 candidates to fill position of Office Assistant. She noted that Patti is a Tiburon resident with a background of administrative experience. Director of Community Development Scott Anderson introduced Lea Stefani, Community Development Aide, and Denise Feiling, Building Technician, and expressed staff's appreciation as to how well they have adapted to their new positions. 'nal Minutes #xx -2015 April 1, 2015 Page 1 CONSENT CALENDAR 1. Town Council Minutes — Adopt minutes of March 4, 2015 regular meeting (Town Clerk Crane Iacopi) 2. Town Council Minutes — Adopt Minutes of March 18, 2015 regular meeting (Town Clerk Crane-Iacopi) 3. Investment Summary for February 2015 - Receive report (Administrative Services Di- rector Bigall) 4. 2312 Spanish Trail — Adopt resolution denying appeal of Design Review Board approval of a site plan and architectural review for the construction of additions to an existing two- family dwelling with Variances for Reduced Side Yard Setbacks (Community Development Department) 5. Major Crimes Task Force—Recominendation to Approve Amendments to Major Crimes Task Force Joint Exercise of Powers Agreement (Town Manager Curran, Police Chief Cro- nin) 6. Resolution — Commendation of Diane Crane Iacopi on 20 years of service to the Town 7. Resolution - Commendation of Ann Danforth upon the occasion of her retirement MOTION: To adopt Consent Calendar as submitted. Moved/Seconded: O'Donnell/Fredericks Vote: AYES: Unanimous ACTION ITEMS The Town Manager requested that Item 2 be heard now in consideration for Phil Smith, District Director, and the Mayor agreed. 2. Assessment Ballots - Request for Direction Regarding Assessment Ballots for Town Property Received from the Marin/Sonoma Mosquito and Vector Control District (Town Manager Curran) Town Manager Curran reviewed the staff report and noted the Town owns several parcels, in- cluding parks, open spaces, and seven units at the Point Tiburon Marsh condominiums. The total assessment for increased maintenance by the Marin/Sonoma Mosquito and Vector Control Dis- trict would amount to a combined $147 annually. She asked the Council to consider the ballot assessment. Phil Smith, District Director, noted the District has been in existence for 100 years serving the area from Sausalito to Sea Ranch; they had not asked for an increase in assessment since 1996; DRAFT Town Council Minutes #xx -2015 April 1, 2015 Page 2 they had an integrated management program; their great thrust was education and prevention in the schools. In response to a question from the Mayor, Mr. Smith stated the District also teaches homeowners how to prevent rodents from getting into their homes. The Mayor opened the item to the public for discussion. There being no comments, he returned the item to the Council. Referencing the Reed Union School District's earlier stance in a Town undergrounding project vote, Councilmember O'Donnell stated he didn't think a public agency such as the town should influence the outcome of a property tax assessment vote of this nature. He stated his preference that the Town abstains from the voting. Councilmember Fredericks stated she felt it was a public health and safety issue and thought it was appropriate for the Town to take a position. The other Councilmembers agreed that the District is doing a great job, and the Town should be a participant in the ballot assessment. MOTION: To direct staff to submit a ballot with an affirmative vote for each of the Town's parcels. Moved/Seconded: Fredericks/Fraser Vote: AYES: Fredericks, Tollini, Fraser, Doyle NOES: O'Donnell 1. General Plan Annual Status Report - Recommendation to Review and Accept Annual Status Report (Community Development Director Anderson) Director of Community Development Anderson reviewed the staff report, which outlined that Government Code Section 65400(b)(1) requires an annual report be prepared and forwarded to the State Department of Housing and Community Development and to OPR each year. In response to Councilmember Fredericks' questions, the Town Staff responded: DT -j The original intent was physical signage. The Council might explore putting downtown parking lot information on the Town's website DT -t The Citizen Advisory Committee reference will be removed as it has sunset. In response to Councilmember Fraser, Director Anderson stated the frequency of General Plan updates depends on how quickly the community is changing or growing. The Town has set 2020 for the next comprehensive general plan update. Only the Housing Element is state mandated for specified regular updates. Vice -Mayor Tollini noted the draft was very thorough, precise and well done. The Mayor opened the meeting for public hearing. There being no comments, the Mayor re- turned the item to the Council for discussion. DRAFT Town Council Minutes tixx -2015 April 1, 2015 Page 3 MOTION: To accept the Planning Commission's recommendation to accept the Annual General Plan Implementation Status Report for Calendar Year 2014 as Amended and direct staff to forward the report to the requisite State agencies. Moved/Seconded: Fraser/O'Donnell Vote: AYES: Unanimous PUBLIC HEARINGS 1. Public Contracts — Recommendation to approve First Reading of an Ordinance amending Chapter 3A of the Municipal Code regarding contract bidding limits (Public Works Director Barnes) Public Works Director Barnes directed Council to a revised draft of the Ordinance. He described the specific amendments proposed and described the changed set forth in the revised draft dis- tributed this evening. He recommended the Council hold a public hearing, take testimony on the proposed ordinance, and introduce the draft ordinance as follows: Move to read by title only, waiving any additional reading, and introduce the ordinance amending Title 1, Chapter 3A (Town Contracts) of the Ti- buron Municipal Code. Pass the reading by roll call vote. If the first reading is passed, the ordi- nance will return for final adoption on a future consent calendar. Director Barnes noted there was general agreement at the Council's recent retreat to make the suggested change to match the State's threshold of $45,000. Councilmember O'Donnell asked if the Public Works Director could negotiate projects under the minor contract limit. Director Barnes noted that for minor public works projects, the Town can use a purchase order, negotiate, force account (time and materials), or bid. He explained that re- cently the Town received bids over the budget on a project and will now negotiate with the low bidder. Any project over $45,000 will need to go to bid. There was a brief discussion amongst the Council regarding this change, specifically tying the dollar limit to the State. Councilmember Fredericks noted that, in her capacity on the Marin County Council of Mayors and Councilmember's Legislative Committee, she would be able to notify the Council would know if the State Legislature proposed to significantly "ramp up" the amount of the threshold and could provide sufficient notification to the Town. The Mayor opened the public hearing. There being no comments, the Mayor closed the public hearing. MOTION: Move to read by title only, waiving any additional reading, and introduce the ordinance amending Title 1, Chapter 3A of the Tiburon Municipal Code Regarding Contract Award Procedures. Moved/Seconded: Fredericks/Fraser DRAFT Town Council Minutes #xx -2015 April 1, 2015 Page 4 ROLL CALL: AYES: Fredericks, O'Donnell, Tollini, Fraser, Doyle NOES: None TOWN COUNCIL REPORTS None. TOWN MANAGER REPORT Town Manager Curran noted two Councilmembers are unavailable for the April 15, 2015 Town Council meeting, and she asked the Council if they might consider canceling this meeting. After a brief discussion, it was agreed that this meeting be cancelled. The Town Manager also noted that Tiburon is hosting the Marin County Council of Mayors and Councilmen's Dinner on May 27 which will include the Reed Union School District Trustees at The Lodge from 6 p.m. to 9 p.m. In addition to the Council, Staff members are invited. WEEKLY DIGESTS • Town Council Weekly Digests Accepted. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Doyle adjourned the meeting at 8:25 p.m. to May 6, 2015. FRANK X. DOYLE, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK DRAFT Town Council Minutes #xx -2015 April 1, 2015 Page 5 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting May 6, 2015 Agenda Item: CG— STAFF REPORT To: From: Mayor and Members of the Town Council Community Development Department Subject: Recommendation to Adopt Ordinance Amending Chapter 3A of the Tiburon Municipal Code With Respect to Contracts and Bidding Procedures for Minor Public Works Projects Reviewed By: BACKGROUND The Town Council held first reading of this ordinance following a public hearing at its meeting on April 1, 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. 556 N. S., a draft of which is attached as Exhibit 1, as part of the Consent Calendar. EXHIBIT 1. Draft Ordinance No. 556 N. S. Prepared by: Pat Barnes, Director of Public Works TOWN OF TIBURON PAGE 1 OF 1 1 ORDINANCE NO. N. S. 2 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 7 8 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 I, 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 Public works contracts up to one hundred seventy-five thousand dollars ($175,000) 29 may 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 N. Ordinance No. 556 N.S. DRAFT Adopted --/--/2015 1 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(0 of the Public Contracts Code or its 56 successor statute regarding informal bidding ordinances. 57 SECTION 2. SEVERABILITY. 58 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. 66 67 SECTION 3. EFFECTIVE DATE. 68 69 This Ordinance shall take effect and be in force thirty days after the date of passage, and 70 before the expiration of fifteen (15) days after passage by the Town Council, a copy of the 71 ordinance shall be published with the names of the members voting for and against it at least 72 once in a newspaper of general circulation published in the Town of Tiburon. 73 74 This ordinance was introduced at a regular meeting of the Town Council of the Town of 75 Tiburon on , 2015, and was adopted at a regular meeting of the Town Council of the 76 Town of Tiburon on , 2015, by the following vote: 77 78 79 AYES: COUNCILMEMBERS: 80 81 NOES: COUNCILMEMBERS: 82 83 ABSENT: COUNCILMEMBERS: 84 85 86 87 FRANK X. DOYLE, MAYOR 88 Town of Tiburon Town of Tiburon Ordinance No. 556 N.S. DRAFT Adopted —/--/2015 2 89 90 ATTEST: 91 92 93 94 95 DIANE CRANE, TOWN CLERK Town of Tiburon Ordinance No. 556 N.S. DRAFT Adopted --/--/2015 3 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting May 6, 2015 Agenda Item: Cc _ STAFF REPORT To: From: Subject: Reviewed By: Mayor and Members of the Town Council Community Development Department Recommendation to Amend the Current Permit Parking Program Along a Port' • • of Ned's Way BACKGROUND In 2003, the Town Council enacted a preferential parking program for a portion of Ned's Way immediately upslope from the Chandlers Gate senior housing development. The program implemented a condition of approval on the Chandlers gate project that required the project to create additional parking along Ned's Way, some of which would be allocated for Chandlers Gate guest parking while the remainder would be open to public use. Since that time, the Dairy Knoll recreation facility has been constructed and occupied. The facility has limited parking and staff parking associated with The Ranch Recreation Agency can occupy as much as one-third of twenty-three (23) available on-site parking at the facility. The Director of The Ranch has requested that additional nearby parking be made available and dedicated to her staff during the heaviest work hours, in order to maximize availability of the Dairy Knoll on-site parking for recreation program users. ANALYSIS The area in question (see Exhibit 1) contains sixteen (16) parking spaces, of which six (6) are limited to two-hour parking unless a Chandlers Gate guest parking permit is displayed. The proposed amendments (Exhibit 2) to the existing permit parking program would add another eight (8) spaces to the permit program by requiring a "Dairy Knoll Staff" parking permit to be displayed on weekdays between the hours of 8:30 a.m. and 2:30 p.m. No parking controls would exist on weekends, overnight, or during the bulk of each weekday afternoon. Staff believes that the ten (10) parking spaces not currently included in the preferential parking program are most commonly used for overflow parking by Hilarita residents. Some of these spaces appear to be vacant during weekday business hours, indicating that they are occupied by work commute vehicles that would not tend to conflict with the limited proposed hours for exclusive use by The Ranch staff. In order to approve the amended parking program, the Town Council must find that it would not adversely affect parking conditions for residents or merchants in the area. TOWN OF TIBURON PAGE 1 OF 2 Town Council Meeting May 6, 2015 The majority of each of the eight affected parking spaces is located on the Dairy Knoll parcel, with the minority portion located in the Ned's Way right-of-way. The Town could potentially use the Town's propriety rights over the Dairy Knoll parcel to post the desired parking limitations without amending the preferential parking program, but staff believes the latter approach to be more consistent, easier to enforce, and superior overall. Town staff explored and exhausted other possible locations for dedicated staff parking for The Ranch in the vicinity. The adjacent Hilarita Apartments management was notified on the Town's intentions via a letter (Exhibit 3) dated March 10, 2015. The Town has received no response to this letter. RECOMMENDATION Staff recommends that the Town Council: 1. Take any testimony from interested persons and deliberate on the matter (if the item is removed from the Consent Calendar). 2. Adopt the Resolution. 3. Direct that appropriate signage is installed to implement the revised parking program. EXHIBITS 1. Graphic depicting the permit parking area. 2. Draft Resolution. 3. Letter to Hilarita dated March 10, 2015. Prepared by: Scott Anderson, Director of Community Development TOWN OF TIBURON PAGE 2 OF 2 Parking Program Area IIiBIT NO. RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING THE PREFERENTIAL PARKING PROGRAM ON A PUBLICLY -MAINTAINED PORTION OF NED'S WAY The Town Council of the Town of Tiburon does hereby resolve as follows: WHEREAS, on July 16, 2003, the Town Council approved a preferential parking program for certain parking spaces located on the publicly -maintained portion of Ned's Way; and WHEREAS, the Diary Knoll recreation facility, occupied by The Ranch, a joint powers public agency providing recreation programming on the Tiburon Peninsula, was recently completed directly upslope from the parking spaces, and has limited parking overall and on-site parking for staff members is inadequate; and WHEREAS, the California Vehicle Code authorizes the Town to adopt a system granting preferential parking privileges on Town streets; and WHEREAS, pursuant to Section 23-42(a) of the Tiburon Municipal Code, the Council may authorize by Resolution the establishment and designation of parking zones; and WHEREAS, the Town Council finds that the amendment of the existing preferential parking program during certain limited hours and days for the purpose of providing parking spaces for staff members of The Ranch at Dairy Knoll will not adversely affect parking conditions for residents in the area. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon does amend the Ned's Way preferential parking program to read as follows: Section 1. Authority. This resolution is adopted pursuant to Section 22507 of the Vehicle Code of the State of California and Chapter 23 of the Tiburon Municipal Code. Section 2. Permit System Established. The Ned's Way Parking Permit Program is hereby established for the lowest six (6) and the uppermost eight (8) perpendicular parking spaces on the south side of Ned's Way, located upslope from the entrance to the senior housing project located at 2-98 Ned's Way (see attached Exhibit "A"). Section 3. Parking Restricted. (a) No operator of any vehicle shall stop, stand, or park such vehicle on Ned's Way in any of the lowest six (6) parking spaces described in Section 2 above, on any time on any day for a period longer than two (2) hours unless a valid "Ned's Way Parking Program" parking Tiburon Town Council Resolution No. XX -2015 --/--/2015 1 EY. IIBIT NO. CI permit is hanging from the rear view mirror inside the vehicle. (b) No operator of any vehicle shall stop. stand or park such vehicle on Ned's Wav in anv of the uppermost eight (8) perpendicular parking spaces on the south side of Ned's Way. immediately below the entrance to the Dairy Knoll facility at 600 Ned's Way. during the hours of 8:30 a.m. to 2:30 p.m. on Monday through Friday. unless a valid "Dairy Knoll Staff' parking, permit is hanging. from the rear view mirror inside the vehicle. Section 4. Signs. Pole signs shall be posted to notify the public that vehicles parking in violation of this Resolution may be cited and/or towed. Section 5. Ned's Way Parking Permits. A maximum of one (1) Ned's Way Parking Permit shall be issued for each residence located on the south side of Ned's Way (2-98 Ned's Way). Section 6. Fees. The Town may recover the costs of production and distribution of the Ned's Way Parking Permits at the time of permit issuance by assessing such nominal fee as is necessary to recover said costs. Section 7. Violation. Vehicles parked in violation of this resolution shall be subject to citation pursuant to the Tiburon Municipal Code and to immediate towing. Section 8. Effective Date. The amended Ned's Way Parking Permit Program shall be effective twenty-one days from the adoption of this Resolution. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon, State of California, held this day of , 2015, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: FRANK X. DOYLE, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Tiburon Town Council Resolution No. XX -2015 --/--/2015 2 z 0 MIaD £ pueg :one Z pueg :ueei9 a yaw -9 uueW b1.0Z .-�J•• r 0 0 o o CDm 0 c m o M Ct. c D CO < N 6 ° co O N .0 O 7 Q S11 Ped awOH Gilpin eajv uowwo3 wniuiwopuoo m I z Town of Tiburon • 1505 Tiburon Boulevard • Tiburon, CA 94920 - P. 415.435.7373 E 415.435.2438 • www.ci.ciburon.ca.us Community DevelopmentDepartment March 10, 2015 Noelle Simmons, Manager The Hilarita Apartments 100 Ned's Way Tiburon, CA 94920 RE: PARKING ALONG NED'S WAY ADJACENT TO DAIRY KNOLL RECREATION FACILITY Dear Ms. Simmons: );rItl. o nnr Tir iii CA 1 CI . . .fY ` r.. .. . . Ali;, . cks I wanted to take this opportunity to inform you of pending changes to parking Ca" ber regulations for the Ned's Way street frontage along Dairy Knoll. As you may know,tr. '' there are currently sixteen (16) public parking spaces on the east side of Ned's Way dr, erne1I along the Diary Knoll frontage at 600 Ned's Way. Currently six (6) of these spaces areNT restricted to 2 -hour parking (unless one holds a parking permit) for the benefit of r ri Chandlers Gate guests through a preferential parking program enacted by the Tiburon rig - Town Council in 2003. Marius w rran The Town is proposing to amend the preferential parking program to restrict the use of eight (8) additional spaces along this section of Ned's Way during limited hours and days to provide parking for staff members working at Dairy Knoll to allow greater use of the parking lot for those attending programs at the building. The proposed restrictions would apply only to the hours of 8:30 a.m. to 2:30 p.m. on weekdays; they would not apply during other hours of the day and would not apply at night or on weekends. In other words, any Hilarita vehicles used to commute during traditional work hours would be unaffected by the new restrictions. Two spaces would remain with no restrictions other than the 72 -hour limit imposed by state law. The Town intends to move forward with the modifications to the parking regulations for these spaces within the next month, and wanted to provide the Hilarita with appropriate prior notice. Please do not hesitate to call me at 435-7392 should you have questions. Very truly yours, Scott Anderson Director of Community Development Cc: Town Manager, Police Chief, Digest t/ TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting May6,2015 Agenda Item: �( — STAFF REPORT To: From: Subject: Reviewed By: Mayor and Members of Town Council Office of the Town Clerk Resolution Commending Joan Palmero for her 25 Years of Service to the Town on the Occasion of her Retirement BACKGROUND Office Assistant Joan Palmero has retired from the Town of Tiburon. A community Open House was held in her honor on April 30, 2015, at which time Mayor Frank Doyle read a Proclamation commending her for her service to the Town. This proclamation has been transcribed into a resolution format for adoption by the Council in order to become part of the public record. RECOMMENDATION Staff recommends that the Council adopt the attached resolution thanking and commending Joan Palmer() for her 25 years of service to the Town. EXHIBIT Draft Resolution. Prepared By: Diane Crane Iacopi, Tiburon Town Clerk TOWN OF TIBURON PAGE 1 OF 1 Resolution No. XX -2015 A Resolution of the Town Council of the Town of Tiburon Commending Joan Palmero on the Occasion of her Retirement from the Town of Tiburon WHEREAS, Joan Palmero came to work for the Town of Tiburon as a "temporary" employee in early 1990 and was later hired as the Town's Receptionist on September 1, 1990; WHEREAS, Joan began her career when Town Hall was still located on Ned's Way and the Town had an intercom telephone system; this resulted in Joan's informal title of the "voice of Town Hall"; WHEREAS, after relocating to the new Town Hall offices downtown, Joan expanded her duties from Receptionist to Office Assistant, taking on more projects large and small, from accounts payable to business license administration, to staff safety coordinator, and event planner extraordinaire; WHEREAS, Joan was also assigned as staff liaison to the Heritage & Arts Commission, a role she wholeheartedly embraced, and she spent countless hours working with the commission to plan and execute exhibitions featuring local artists, and community events such as the Tiburon Art Festival, annual Labor Day Parade, and commemorative events such as the Celebration for Mery Field and the dedication of the Sam Chapman plaque downtown; WHEREAS, Joan is best known for her welcoming demeanor and has served not only residents who come looking for information about their homes but the many visitors from near and far who come looking for information about where to hike, eat or stay in our wonderful town. WHEREAS, Joan has managed to accomplish all these things with good humor and strength of character, through changing times and challenging circumstances, and has been a cherished co- worker who shares her warmth and joie de vivre with everyone who comes to the front counter at Town Hall; and WHEREAS, after first retiring at the end of 2012, Joan was able to continue to serve the Town for another two -plus years in a part-time, special project capacity but has now announced her retirement from the Town in order to pursue other endeavors, for which we extend her our best wishes. Now THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Tiburon, on behalf of all our citizens, do hereby commend, congratulate and sincerely thank Joan Palmero for her 25 years of exceptional service to the Town of Tiburon on the occasion of her retirement in 2015. PASSED AND ADOPTED at a regular meeting of the Council, on May 6, 2015, by the following vote: AYES: Councilmembers: Doyle, Fraser, Fredericks, O'Donnell, Tollini FRANK X. DOYLE, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting May 6, 2015 Agenda Item: cc 7 STAFF REPORT To: From: Subject: Recommendation to Award the Tiburon Blvd Utility Undergrounding Project to J. A Gonzales, Inc. Reviewed By: Mayor and Members of the Town Council Department of Public Works BACKGROUND Tiburon Blvd Utility Undergrounding Project consists of undergrounding about 450 feet of overhead electric, cable, and phone services on the southerly side of the Tiburon Blvd under the existing multi -use pathway; underground two overhead lines crossing Tiburon Blvd; and reconstruct about 550 feet of the multi -pathway with decomposed granite shoulders. The project was included in the 2014/15 Capital Improvement Plan (CIP) as Downtown Improvements — crosswalk improvements and funded in the amount of $390,000. The CIP also included a project for improvements to the Old Rail Trail (ORT), funded in the amount of $100,000. This project includes putting a decomposed granite shoulder on the north side of the ORT near the Lyford Parking Lot. At the end of the project a decomposed granite path will extend from Mar West to South of Knoll Park. The work also includes digout patch repair on the ORT from the end of the Utility Undergrounding Project to San Rafael Avenue. Since the limits of this project met the limits of the Utility Undergrounding Project, staff decided to add the ORT work to the Utility Undergrounding Project. The project was designed by Harrison Engineering Inc. The engineer's construction estimate was $270,000. (Note this is for the contractor construction only, the total construction price also includes costs to cover work by PG&E and Comcast) Bids for the project were opened on April 28, 2015. The Town received one bid: J. A Gonzales, Inc. $283,986.00 ANALYSIS The Town Attorney and Public Works have reviewed the J. A Gonzales, Inc. bid and determined that all bid requirements have been met. The primary question is why there was only one bidder on the project. Staff called a couple weeks before the bid opening when it appeared there were only two plan holders. We also TOWN OF TIBURON PAGE 1 OF 2 I „ n c ,un it \I, i in.; \It followed up with plan holders after the bid opening. Generally contractors are very busy and either cannot staff up for the project, or it was not enticing (large) enough to get them to bid it. Although we received only one bid, staff notes that the single bid is about 5% over the engineer's estimate. While it is possible that we could get a better price if we bid this next year at the beginning of the year, it appears that the single bid received is a fair price. Therefore, staff recommends that the Town Council award the bid to J. A. Gonzales, Inc. in the amount of $283,986.00. FINANCIAL IMPACT The Tiburon Blvd Utility Undergrounding and Old Rail Trail improvements Projects were included in the 2014/15 Capital Improvement Plan and funded in the amounts of $390,000 and $100,000 respectively for a total funding of $490,000. The Undergrounding was funded from General Fund Infrastructure and Facility. The Old Rail Trail Improvements was funded from gas tax, Measure A and Measure B. With soft costs (design and construction management) and contingency the total project cost is $546,886. An additional $57,000 is needed to fully fund the project. Staff notes that the design for this project came in about 20% under budget. The total soft cost to construction cost ratio is about 21%, which is good. The ORT improvement portion of this work is well within budget. The increases are related to the cost of the undergrounding construction. RECOMMENDATION Staff recommends that the Town Council: 1. Increase the budget for Tiburon Blvd Utility Undergrounding Project by $57,000 to $447,000. This cost would come from the General Fund Infrastructure and Facility. 2. Approve the award of contract for the Tiburon Blvd Utility Undergrounding Project to J. A. Gonzales, Inc. in the amount not -to -exceed $ 283,986.00 with a 10% contingency of $28,399. Exhibits: xxx (use numbered column if more than one exhibit) Prepared by: Patrick Barnes, Director of Public Works TOWN OF TIBURoN PAGE 2 OF 2 "mei Cy SIDEWALK bus °ad r7 IMPROVEMENT PLAN Mrn-131-PM 0.247 AT THE IIS OF TIBURON BLVD AND N. KNOLL ROAD IN MARIN COUNTY bi- ..* 1;4.1.15. • • .6.3 , • ,' +V .. ,4: -;,:or,--. d,,' 4,, .,.,. .- .rt-.- k.,.....o. , , ,.,.... ,2,-, ,. :-.-.4...• s' ''..: • ,. `.?i,.:-• k..=4....;-,.., .... , -,..: ' •,p -,..: .., • . .4.f it , -r ft5. • - 'Iry '!!.i • _ • ^ • _ • _ _ • _ L TPLAi4\1 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting May 6, 2015 Agenda Item: STAFF REPORT To: From: Subject: Reviewed By: Mayor and Members of the Town Council Department of Public Works Recommendation to Award the Tiburon Blvd Crosswalk Improvements ProjeettoCoastside Concrete, Inc. BACKGROUND Tiburon Blvd Crosswalk Improvements Project consists of a brick crosswalk at 1651 Tiburon Blvd, near the Tiburon Lodge. This crosswalk was recommended by the Downtown Circulation and Parking Analysis (Nelson\Nygaard Consulting Associates) dated September 2012. The project was included in the 2014/15 Capital Improvement Plan as Downtown Improvements — crosswalk improvements and funded in the amount of $110,000. This crosswalk will be similar to other crosswalks on Tiburon Blvd in the downtown area and in keeping with the motif of the brick sidewalk installed last year. When this crosswalk is complete there will be a pedestrian crossing of Tiburon Blvd about every 400 feet in the downtown area. The project was designed by Harrison Engineering Inc. The engineer's construction estimate was $64,314. Bids for the project were opened on April 21, 2015. The Town received the following three bids: Coastside Concrete, Inc. Darren Taylor Construction Maggiora & Ghilotti, Inc. ANALYSIS $97,998.00 $118,369.00 $123,123.00 The Town Attorney and Public Works have reviewed the Coastside Concrete, Inc. bid and determined that all bid requirements have been met. The low bid is about 30% over the engineer's estimate. Staff has analyzed all the bids and believes that the low bid is a fair price. To fit the motif of the downtown area, the crosswalk will be brick. The brick crosswalk is expensive to construct and the crossing at this location is in two sections and requires cutting through an existing plant median. To support the bricks against truck traffic, the roadway will be excavated to 12 inches and 9 inches of reinforced concrete will be placed as a bed for the brickwork. This must be protected while the concrete cures. Staging the project to allow two-way traffic on Tiburon Blvd during construction also increases the cost. TOWN OF TIBURON PAGE 1 OF 2 Town Council Meeting May 6, 2015 Therefore, it is recommended that the Town Council award the bid to Coastside Concrete, Inc. in the amount of $97,998.00 and set out a project construction budget of $112,296.00 inclusive of 15% contingency funding. FINANCIAL IMPACT The Tiburon Blvd Crosswalk Improvements Project was included in the 2014/15 Capital Improvement Plan as Downtown Improvements — crosswalk improvements and funded in the amount of $110,000. Funding is from the General Fund. With soft costs (design and construction management) and contingency the total project cost is $154,946. An additional $45,000 is needed to fully fund the project. Construction $97,998 Contingency $14,700 Total Construction $112,698 Design $10,900 Construction management $31,348 Total $154,946 Staff notes that the soft costs on this project are about 37% of the hard costs. This is below the costs we discussed at the Council retreat, particularly for this size of a project. Nonetheless, staff recognizes the construction management costs do stand out. The construction inspector on this project will be splitting time between this project and the Undergrounding project. The construction management costs assume the construction inspector will be spending half the time on this project during the duration of this project. It is important to note that the inspector will need to be on site most of the day, even if only for one project, so eliminating inspection on this project will increase inspection costs on the undergrounding project. RECOMMENDATION Staff recommends that the Town Council: 1. Increase the budget for downtown improvements by $45,000 to $155,000. This cost would come from the General Fund. 2. Approve the award of contact for the Tiburon Blvd Crosswalk Improvements Project to Coastside Concrete in the amount not -to -exceed $97,998.00 with 15 percent contingency of $14,700. Prepared by: Patrick Barnes, Director of Public Works TOWN OF TIBURON PAGE 2 OF 2