HomeMy WebLinkAboutTC Agd Pkt 2015-06-17TOWN OF TIBURON
Tiburon Town Hall
1505 Tiburon Boulevard
Tiburon, CA 94920
AGENDA
Tiburon Town Council
June 17, 2015
Regular Meeting - 7:30 p.m.
TIBURON TOWN COUNCIL
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.
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 Calenrl2r item,
please seek recognition by the Mayor and do so at this time.
1. Town Council Minutes - Adopt minutes of May 20 , 2015 regular meeting (Town Clerk Crane
Iacopi)
2. Town Investment Summaries - Accept reports for April and May, 2015 (Director of
Administrative Services Bigall)
3. November 3, 2015 Council election - Adopt resolutions calling an election on November 3, 2015
for the purpose of electing two councilmembers, requesting consolidation of election services
with the County of Marin, and establishing the filing fee for Candidate's Statements (Town
Clerk Crane Iacopi)
4. Annual Streets Rehabilitation Program - Recommendation to award the 2015 Various Streets
Overlay Project to Darren Taylor Construction (Director of Public Works/Town Engineer
Barnes)
ACTION ITEMS
1. Town Attorney Appointment - Consider appointment of a Town Attorney, Benjamin
Stock of Burke, Williams & Sorensen, LLP law firm, and approval of contract setting forth
the terms of service (Vice Mayor Tollini/ Councilmember Fredericks/ Town Manager
Curran)
PUBLIC HEARINGS
1. FY 2015-16 Municipal Budget - Continuation of budget hearing and consideration of
resolutions adopting Town of Tiburon Municipal Budget for FY 2015-16 and establishing an
appropriations limit (Gann Limit) for FYI 2015-16 (Town Manager/ Director of
Administrative Services Bigall)
TOWN COUNCIL REPORTS
TOWN MANAGER REPORT
1. Request for appointment of a Town Council ad hoc "Town Manager Recruitment Committee"
WEEKLY DIGESTS
• Town Council Weekly Digests - June 5 & June 12, 2015
ADJOURNMENT - In memory of Mery Field
GENERAL PUBLIC INFORMATION
ASSISTANCE FOR PEOPLE WITH DISABILITIES
In compliance with the Americans with Disabilities Act, if you need special
assistance to participate in this meeting, please contact the Town Clerk at (415) 435-
7377. Notification 48 hours prior to the meeting will enable the Town to make
reasonable arrangements to ensure accessibility to this meeting.
AVAILABILITY OF INFORMATION
Copies of all agenda reports and supporting data are available for viewing and
inspection at Town Hall and at the Belvedere -Tiburon Library located adjacent to
Town Hall. Agendas and minutes are posted on the Town's website,
www.ci.tiburon.ca.us.
Upon request, the Town will provide written agenda materials in appropriate
alternative formats, or disability -related modification or accommodation, including
auxiliary aids or services, to enable individuals with disabilities to participate in
public meetings. Please send a written request, including your name, mailing
address, phone number and brief description of the requested materials and
preferred alternative format or auxiliary aid or service at least 5 days before the
meeting. Requests should be sent to the Office of the Town Clerk at the above
address.
PUBLIC HEARINGS
Public Hearings provide the general public and interested parties an opportunity to
provide testimony on these items. If you challenge any proposed action(s) in court,
you may be limited to raising only those issues you or someone else raised at the
Public Hearing(s) described later in this agenda, or in written correspondence
delivered to the Town Council at, or prior to, the Public Hearing(s).
TIMING OF ITEMS ON AGENDA
While the Town Council attempts to hear all items in order as stated on the agenda,
it reserves the right to take items out of order. No set times are assigned to items
appearing on the Town Council agenda.
TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Doyle called the -1'4U ar meeting of the Tiburon Town Council to order at 7:30 p.m.
on Wednesday, May 20, 2015, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon,
California.
ROLL CALL
PRESENT: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell
ABSENT: COUNCILMEMBERS: Tollini
PRESENT: EX OFFICIO:
Town Manager Curran, Director of Community
Development Anderson, Director of Public
Works/Town Engineer Barnes, Chief of Police
Cronin, Interim Town Attorney Acevedo, Town
Clerk Crane Iacopi
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY
There was no closed session.
ORAL COMMUNICATIONS
None.
PRESENTATIONS
Mayor Doyle said that the Council would take the Consent Calendar out of order, and asked for a
motion to adopt Consent Calendar Item No. 3, a resolution honoring Dick Collins.
3. Memorial Plaque honoring Richard B. Collins — Adopt Resolution regarding establishing a
plaque at the Lyford Parking Lot to honor Richard B. "Dick" Collins (Councilmember
Fraser/Town Manager Curran)
MOTION: To adopt Consent Calendar Item No. 3, as written.
Moved: O'Donnell, seconded by Fraser
Vote: AYES: Unanimous
ABSENT: Tollini
CDRAFT
Town Co4ncil Minutes #aa -2015
May 20, 2015 Page 1
Councilmember O'Donnell said how sad it was to lose Dick, who he said had "given his all" to
the Town. O'Donnell said that Dick Collins was "a friend to all" and had a special friendship
with his colleague, Jim Fraser.
Councilmember Fraser said that it was indeed appropriate to place the plaque at Lyford Drive
Parking Lot, a project that Dick had envisioned and had seen to its completion.
Councilmember Fredericks agreed. She said she had worked with Councilmember Collins on a
Town committee and that he was committed to finding a place in Town to build more affordable
housing. She said that even though this had not come to fruition, she said that Dick had put his
heart into the project, had spent hours researching and working on it, and was never deterred.
She said it was an honor to have worked with him.
Mayor Doyle read the resolution and presented a framed copy to Dick's widow, Pat, and her
children who were in the audience.
• Community Homelessness Fund and continuation of the "REST" Program — Jason
Satterfield, County of Marin Health & Human Services Homelessness Analyst
Mr. Satterfield gave a power point presentation on the proposal for a Community Homelessness
Fund and continuation of the REST program. He said that the purpose of the fund was to expand
existing programs and well as to pilot new ones that have been proven to work elsewhere.
Councilmember Fredericks asked what entity was asking for the funding. Satterfield said the
MCCMC Subcommittee on Homelessness, chaired by Councilmember Kate Colin of San Rafael,
and the County's Homeless Policy Steering Committee, chaired by Supervisor Rice. He said he
was presently providing staff support to these groups.
Fredericks asked if the Homeless Policy Steering Committee is a subcommittee of the County's
Department of Health and Human Services. Mr. Satterfield said that it was a "Continuum of
Care" organization comprised of analysts, mental health staff, and service providers, as well as
educators and members of the business community. He went on to say that "Continuum of Care"
is also a federal Housing and Urban Development (HUD) program that provides $2 million
annually to the County for housing and services for the homeless, but depending on the context,
is also referenced as a service provider.
Satterfield said the Homeless Policy Steering Committee had proposed the creation of the fund
and the MCCMC subcommittee had endorsed it. He said that representatives from each city
served on the MCCMC subcommittee.
Councilmember Fredericks said that the purpose of the questions was to provide transparency as
well as a greater understanding of what the Town was being asked to contribute and to whom.
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Town Council Minutes #xx -2015 May 20, 2015 Page 2
There discussion turned to funding for the continuation and expansion of the REST program,
from five to 89 months, to better leverage volunteer help, and to enhance the program by
improving linkages to other services and permanent housing. He said the program was currently
operated by St. Vincent de Paul Society with assistance (locations) from local churches and
congregations.
Satterfield said that funding for the continued and enhanced REST program would come half
from the cities and half from the County, with a formula based on city size. He said that Tiburon
was being asked to contribute $12,524 to this pilot program, for three years.
Councilmember Fraser asked what would happen after the funding commitment expired, and
how would the program be evaluated. Satterfield said that the proposal was for the Marin
Manager's Association to work with County Administrator Hymel on the evaluation and
reporting.
Councilmember O'Donnell said that while he was generally supportive of the concept that all the
cities should share in the cost of homeless programs, he said that the proposal seemed overly
bureaucratic and raised additional questions. He said that people really want to see their money
at work. He asked why people should not simply donate to St. Vincent de Paul.
Mr. Satterfield said that the goal was to track and report on the funds contributed by the cities
and county, and that by pooling these funds, efficiencies could be created.
Councilmember Fredericks agreed that accountability was essential. She commented that there
must be standards of performance by which to measure the success of the program. Satterfield
said that there is a process and that metrics had been drafted. He said that there were also
comparable programs in other counties, specifically shelter diversion programs, also known as
"Rapid Rehousing Programs".
Fredericks said she had also heard of a reserve fund that was being set up. Satterfield said that
for this specific program, a reserve was not intended. Ultimately, he said there was a desire for a
24/7 shelter but not at this time. He said this program would spend each dollar it received toward
the continuation of the REST program. He said that if the Marin Community Foundation (MCF)
or others contributed toward capital costs, then perhaps a reserve fund would be contemplated.
Fredericks asked who would handle the money, approve expenses, and provide the audit. Mr.
Satterfield said there were several models being considered by the Marin Managers: whether the
money would be sent to a special fund at MCF, sent directly to St. Vincent, or something else, he
said MMA would decide.
Satterfield said the next step was to vote on whether to fund the program and to provide feedback
to our local MCCMC representative, Mayor Doyle. Mayor Doyle asked how many cities had
voted to endorse the program, or provide funding. Mr. Satterfield said nine cities had endorsed
the proposal, to date.
DRAFT
Town Council Minutes #ax -2015 May 20, 2015 Page 3
Although no action was taken, Town Manager Curran indicated that the funding request would
come back to the Council during the budget hearing scheduled for June 3, 2015.
• Update on Tiburon Peninsula Emergency Sirens — Battalion Chief Kelly Bradley, Tiburon
Fire Protection District
Battalion Chief Bradley updated the Council on the progress in repairing the sirens that had not
functioned properly during the test on April 17, 2015. He said some of the problems were
mechanical and others were electronic; however, he said these issues had been addressed. He
said that subsequent, non -audible testing had been successful. Bradley said that the plan going
forward was to test the sirens on a monthly basis, similar to what other communities do. The
first such test will be on Saturday, June 6, 2015.
The Council asked a few questions about testing and coverage. Councilmember Fraser pushed
for accountability, so that the Town's residents could enjoy fully functioning sirens (some
residents complained that they could not hear the sirens at all), and get what they paid for.
Battalion Chief Bradley concurred with this request. He also noted that there were several means
of communication that could be utilized by citizens in an emergency, namely the TENS and
MEANS telephone notification systems, as well as radio.
Councilmember O'Donnell asked about the frequency issue with the local AM radio station, as
well as coverage. Bradley acknowledged that there were indeed some coverage issues on the
peninsula that have poor coverage; he also said that they were investigating FM coverage.
Councilmember Fredericks also noted that some neighborhoods have block captains who will go
door-to-door in an emergency.
CONSENT CALENDAR
1. Town Council Minutes — Adopt minutes of May 6, 2015 regular meeting (Town Clerk
Crane Iacopi)
Councilmember Fredericks submitted some corrections to the minutes.
2. Urban Runoff Pollution Prevention — Adopt ordinance repealing the existing Title VI,
Chapter 20A of the Tiburon Municipal Code and adopting a new Chapter 20A (Urban
Runoff Pollution Prevention) and amending Title VI, Chapter 25, Section 25-3
(Watercourses) of the Tiburon Municipal Code (Public Works Director Barnes)
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Town Council Minutes ffxx -2015 May 20, 2015 Page 4
3. Memorial Plaque honoring Richard B. Collins — Adopt Resolution regarding establishing
a plaque at the Lyford Parking Lot to honor Richard B. "Dick" Collins (Councilmember
Fraser/Town Manager Curran)
MOTION: To adopt Consent Calendar Item No. 1, as amended, and Item No.
2, as written. [Item No. 3 adopted during Presentations.]
Moved: O'Donnell, seconded by Fraser
Vote: AYES: Unanimous
ABSENT: Tollini
ACTION ITEMS
1. Ned's Way Parking — Consider adoption of resolution amending current permit parking
program along a portion of Ned's Way (Director of Community Development Anderson) —
(continued without hearing from May 6, 201 5)
Director of Community Development Anderson said the item had been continued from the May 6
meeting, after it was removed from the Consent Calendar at the request of neighbors at Chandlers
Gate who requested it be continued.
In 2003, Anderson said the Town Council had 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, Anderson said the Dairy Knoll recreation facility had been constructed and
occupied. He noted that the facility has limited parking and staff parking --The Ranch Recreation
Agency can occupy as much as one-third of twenty-three (23) available on-site parking at the
facility. Anderson said that the Director of The Ranch approached the Town and requested that
additional nearby parking be made available and dedicated to her staff during the heaviest work
hours, in order to maximize availability on-site parking in the lot for recreation program users.
Anderson described the proposed changes to the existing parking program (along Ned's Way)
and referenced maps attached to the staff report as exhibits. He said the area in question contains
sixteen (16) parking spaces, of which six (6) are limited to two-hour parking unless a Chandlers
Gate guest parking permit is displayed. He said the proposal to amend 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. Anderson said that this was a limited window, with no parking controls on weekends,
overnight, or during the bulk of each weekday afternoon, under the changed program.
DRAFT
Town Council Minutes #xx -2015 May 20, 2015 Page 5
Director Anderson said that staff believes the ten (10) parking spaces not currently included in
the preferential parking program are most commonly used for overflow parking by Hilarita
residents. He said 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. But in order to approve the
amended parking program, he said the Town Council must find that it would not adversely affect
parking conditions for residents or merchants in the area.
He went on to state that 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. He added
that 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.
Finally, Anderson said that Town staff explored other possible locations for dedicated staff
parking for The Ranch staff in the vicinity, and had come up empty. He added that staff also
thinks the Town might be able to "beef up" the existing parking program to ensure that the
Chandler's Gate parking spaces are being used appropriately.
Director Anderson said the Hilarita Apartments management was notified of the Town's
intentions via a letter dated March 10, 2015, and the Town had received no response to this letter
to date. He recommended that the Town Council take testimony from interested persons and
deliberate on that matter.
Mayor Doyle opened the matter to public comment and the following people spoke:
1) Jarvis Jones said that she and other seniors [at the Hilarita] utilize the so-called
overflow parking on Ned's Way because there is no access to her unit unless she parks down the
hill and carries groceries and the like uphill which she is unable to do; said that by parking across
the street, she simply has to walk across the street and up some steps rather than walking uphill
and taking a tall staircase; said the need of seniors in this case outweighs the "want" of Dairy
Knoll;
2) Anna Wolff said that most households at the Hilarita had cars; that there were 228
bedrooms and only 102 parking places, almost a 2:1 ratio; said that residents played "musical
chairs" every day and needed the overflow spaces. She urged the Council not to adopt the
program, which would have an adverse effect on the Hilarita residents;
3) Pamela McConnell -Douglass, 40 -year resident of Hilarita, said the complex had no
playground for children who had to play in the street; and she urged the Council not to give the
parking spaces away;
4) Cathomas Starbird, Ned's Way, 10 -year resident, noted that the increased activity on
the street [from the Ranch] had impacted the quality of life at the Hilarita; said that of the 16
parking spaces on the east side of the street, six are for Chandler's Gate parking and only 10 are
for the Hilarita, or 386 people; suggested that parking spaces might be better marked and that
signage could be added to improve safety, possibly even a speed bump; said there was no
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Town Council Minutes #xx -2015 May 20, 2015 Page 6
crosswalk on Ned's Way from The Ranch to the public street, or adequate Lighting; said that
during commute hours [when some Hilarita parkers are gone] the spaces are used for commercial
purposes, but that there is still not enough parking during the day;
5) Barbara Wilson, 20 -year resident of Hilarita, said that because Dairy Knoll was "the
last one in" it should have considered its parking needs during its design and not take the
Hilarita's parking afterward;
6) Sue Tracy, Hilarita-Tiburon Ecumenical Association board member, agreed that it's
sometimes difficult to find parking for meetings due to the lack of guest parking at Hilarita;
wondered whether the area on the west side of the Hilarita complex might be used as a parking
area or as a playground for children; agreed that safety for kids is an issue in the neighborhood;
7) Sydne Bortel, Chandler's Gate resident for four years, said that there was not enough
parking and recognized that Dairy Knoll was having resulting problems as their program
participation grows, but said that the Hilarita was much more impacted because of the number of
seniors living there; said she had witnessed parking conflicts frequently and said there had been
some good suggestions made by residents tonight; said she supports affordable housing and feels
an obligation to take care of others;
8) Kacy Cuoto, said that when Hilarita residents cannot find parking, they are told to
park on Tiburon Boulevard; she wondered if Dairy Knoll staff might do the same and noted that
the Hilarita had already lost two spaces along Ned's Way as part of construction of the facility;
9) Cathleen Andreucci, Director of The Ranch, said their mission was to serve the
community and noted that staffers do walk up the hill with kids every day; said that the facility
had just added a new access stairway from the overflow lot; and that all they were asking for was
additional spaces during the day, from 8:30 a.m. until 2:30 p.m. on weekdays. Andreucci said
that photos showing the Dairy Knoll lot empty were that way because staffers cannot park there
and must leave it open for classes. She said she did not want the facility's users to take the
parking of Hilarita residents but said she noted that Hilarita parking was not all filled up and said
she had counted spaces during the day — said there were seven (7) open spaces empty today from
8:30 until 2:30 p.m., and noted that nine (9) spaces were taken up at Hilarita by storage bins.
Andreucci said that because Hilarita was starting a construction project during the summer. the
Dairy Knoll might wait until September to start the new parking program, if approved.
10) Michelle Berkenpas, Hilarita resident who said she works Monday through Friday
during the day, offered her space for use during the day by the elderly and disabled.
Mayor Doyle closed the public hearing when there were no additional speakers.
Councilmember Fraser thanked the members of the public who had come to the meeting and had
spoken. He said the Council had learned from their testimony and now had additional
information to consider. He suggested that maybe the Town could get a group of people together
to work on this issue. Councilmember Fredericks concurred, as did Councilmember O'Donnell
and Mayor Doyle.
O'Donnell agreed that nobody envisioned this should be a "take away" and said that he had been
in the area during the week when many of the affected spaces were empty, especially during the
hours of the proposed new parking program. He also agreed that there might be some traffic and
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Town Council Minutes #xx -2015 May 20, 2015 Page 7
safety improvements in the area, but wondered whether the Council should not simply adopt the
proposed parking changes and evaluate them over a six-month period as a "test program".
Councilmember Fredericks said Dairy Knoll's offer to delay implementation until September
would allow some time to work out a good solution and suggested accepting that offer.
Mayor Doyle said he, too, appreciated the suggestion made by Hilarita residents for shared
parking spaces, the installation of a crosswalk, and perhaps a speed bump, and the like.
Councilmember Fredericks asked about the suggestion for use of the west -side of the property.
Director Anderson said that this sloping area was offered as a dedication of open space by the
developer, and was not purchased by the Town through the Open Space Bond Measure.
Councilmember O'Donnell asked about changing some of the red zones; Anderson said they
were all located on Hilarita private property.
Again, Councilmember Fraser suggested the formation of a task force, possibly chaired by Dairy
Knoll, to study the issue and make recommendations to the Council. Town Manager Curran said
she would take responsibility for convening the parties to consider alternatives. Council
concurred with this approach.
Mayor Doyle said the parking program recommendations would not be adopted tonight. Item
tabled.
PUBLIC HEARINGS
1. Wireless Communications Facilities — Consider amendments to Title IV, Chapter 16
(Zoning) of the Tiburon Municipal Code regarding Wireless Communications Facilities
(Community Development Director Anderson) — Introduction and first reading of ordinance
Director of Community Development said that on March 4, 2015, the Town Council received a
presentation by Greg Stepanicich, legal counsel for the Marin Telecommunications Agency,
regarding recent changes in federal law with respect to local regulation of certain types of
wireless communication facilities (WCF). He said the presentation included a memo, since
updated and included in the Council's packet, discussing in some detail the new federal statutes
and FCC rulings.
Following review of the matter, Anderson said that Town staff had determined that amendments
to the Town's zoning ordinance would be necessary to comply with the federal law.
He said that certain eligible WCF facilities (including modifications to existing wireless towers
and base stations, removal of transmission equipment, and replacement of transmission
equipment), are now governed by Section 6409(a) of the Middle Class Tax Relief and Jobs
Creation Act of 2012 ("Act"). Projects governed by the Act are now subject only to ministerial
(non -discretionary) review at the local agency level, and must be acted upon by the local agency
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Town Council Minutes #xx -2015 May 20, 2015 Page 8
within 60 days of application submittal, with very limited opportunities for processing time
extensions.
As noted by staff at the Town Council meeting in March, Anderson said the number of wireless
communication facilities in Tiburon that would be governed by the Act is small (five), and while
expansion of existing facilities through future modification or eligible co -location projects cannot
be ruled out, staff considers the likely impact of the new federal regulations and FCC rulings on
Tiburon to be limited and relatively minor in scope.
Anderson said the proposed zoning amendments would modify existing provisions to establish
three tiers of review for WCF proposals:
1) Ministerial review by the Director of Community Development for co -location or
other proposals governed by Section 6409(a) of the Act;
2) Potentially streamlined discretionary reviews for co -location proposals not
governed by Section 6409(a) of the Act [an existing provision of the Town Code];
3) Discretionary review of all other WCF proposals, including conditional use
permit, design review approval, and compliance with the Tiburon Wireless
Coinniunication Facilities Standards.
Anderson said that processing timelines are different for each tier; 60, 90 or 150 days
respectively, with time extension of deadlines allowed only by mutual consent of the Town and
applicant.
He said the amendments would also incorporate provisions of Section 6409(a) with respect to
nonconforming uses, and update two tables within the zoning ordinance to reflect the creation of
a ministerial WCF permit application process. He said that the relevant portions of the current
Municipal Code sections (redlined to reflect the proposed amendments) were attached to the
written report.
Director Anderson said that the Planning Commission held a public hearing on the proposed
amendments on April 22, 2015. Following public testimony and discussion, the Commission
suggested some minor revisions and recommended approval to the Town Council through
adoption of Resolution No. 2015-03. He noted one minor change that had been incorporated to
state that an ordinance summary would be published, rather than the entire ordinance.
The Director also noted that staff had preliminarily determined that the proposed amendments are
exempt from further review under the California Environmental Quality Act (CEQA).
Councilmember Fredericks asked what the five sites were that are affected by the legislation.
Director Anderson listed as follows: 1) at the Cove Shopping Center, at Peet's Coffee, 2) at the
Belvedere -Tiburon Tennis Club, 3) and 4) at two locations atop 1620 Tiburon Boulevard, and 5)
at the Tiburon Fire Protection District building. He said there was also the MERA antennae site
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Town Council Minutes #xx -2015 May 20, 2015 Page 9
but that it is exempt from Town regulation. He noted that the facility at Town Hall is under the
Town's proprietary control and not subject to the new FCC regulations.
Councilmember Fredericks asked whether the Town had discretionary review over eligible
private property sites. Director Anderson said it did not.
Councilmember Fraser asked about co -locating antennas on existing sites. Anderson said that
was a possibility; however, he believed some of the existing sites had practical limitations that
could act to limit or prevent future expansion or additional co -location facilities. He
acknowledged that the number of potential co -locators was unknown at this time.
Fraser asked how the Town would respond if the so-called practical Iimit was reached and
whether it would, in fact, have any say in establishing this limit. Councilmember Fredericks said
that one way to look at it was whether the act of co -location would begin to interfere with the
equipment already in the location.
Mayor Doyle opened the public hearing. There was no public comment. Mayor Doyle closed
the public hearing.
MOTION: To read the ordinance by title only.
Moved: O'Donnell, seconded by Fredericks
Vote: AYES: Unanimous
ABSENT: Tollini
Mayor Doyle read, "An ordinance of the Town Council of the Town of Tiburon amending
Municipal Code Title IV, Chapter 16 (Zoning) regarding Wireless Communications Facilities."
MOTION: To pass first reading of the ordinance, waive second reading, and set
adoption on consent calendar at the next regular meeting.
Moved: Fredericks, seconded by O'Donnell
Vote: AYES: Doyle, Fraser, Fredericks, O'Donnell
ABSENT: Tollini
2. Property Maintenance Regulations — Consider ordinance establishing property
maintenance regulations for the Town of Tiburon by adding Title VI, Chapter 34 (Property
Maintenance) of the Tiburon Municipal Code (Community Development Director Anderson) —
Introduction and first reading of ordinance
Director Anderson gave the staff report. He said that a general lack of property maintenance is
not one of the Town of Tiburon's more commonly experienced problems. Therefore, the Town
has never fully developed a set of tools to promptly and effectively address such situations in
the rare instance when they do occur at a level to threaten the public health, safety or welfare.
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Town Council Minutes #rx -2015
May 20, 2015 Page 10
He said the proposed ordinance would add another tool to the Town's "toolkit" for addressing
serious property maintenance issues.
Anderson said that property maintenance issues can take many forms, but examples include
seriously deteriorated or dilapidated buildings or structures, accumulation of junk or recyclable
materials in yards, and storage of vehicles in unauthorized or improperly screened areas. He said
the term "blighted property" is commonly used to describe these situations.
Specifically, Anderson said the proposed ordinance would identify a series of circumstances that
would constitute blighted property, for which the Town's administrative pre -citation and
subsequent citation process would be used as an initial warning system capable of escalation to
actual monetary fines and beyond if needed.
Director Anderson said that the proposed ordinance would provide a detailed list of conditions
that constitute an unacceptable level of property maintenance and allow the Town Manager and
his or her designees to bring nuisance abatement actions as appropriate to resolve the
unacceptable conditions.
Anderson acknowledged that the term "blighted property" carries with it certain unfortunate
connotations, however, he said it is a long-standing and widely recognized term in legal and code
enforcement circles and is an appropriate term upon which to base the Property Maintenance
Ordinance. Violation of the provisions of the Property Maintenance Ordinance would constitute
an infraction. The proposed ordinance does not limit the Town's ability to utilize other available
remedies, such as summary abatement or judicial proceedings when needed.
The Director said that it is the express intent of Town staff in drafting this proposed ordinance
that its provisions are used sparingly and judiciously to address only serious property
maintenance deficiencies. He said the ordinance is not intended to be a vehicle by which the
Town is drawn into neighbor disputes not rising to the level of a threat to public health, safety or
welfare. Nor are the procedures set forth in the Property Maintenance Ordinance meant to be a
substitute method of resolution for situations that are best remedied by civil lawsuit, according to
Anderson.
Anderson said that staff expects that enforcement of the new regulations will be absorbed by
existing staff and anticipates no direct fiscal impact on the Town. Attempting to estimate hard
costs associated with the occasional enforcement action would be speculative.
Councilmember Fredericks said she was concerned about neighbor involvement in this issue.
She asked who would make a determination of blight, and expressed concern over whether
backyard compost heaps, or similar things, might come under scrutiny. She also asked about
who would perform the clean-up and pay for the clean-up. Anderson said current Code
provisions allowed the Town to make reasonable cost recovery; he reiterated that it was the
Town Manager or her designee who would make the determination as to the severity of a
particular situation.
DRAFT
Town Council Minutes #xx -2015 May 20, 2015 Page 11
Councilmember O'Donnell asked whether the proposed ordinance was based on other city model
ordinances (the answer was affirmative). He also asked whether there was an appeal process.
Anderson described the pre -citation and administrative citation process, which also provides for
an appeal to a hearing officer (not the Town Council) in Chapter 31 of the Town Code.
Mayor Doyle said he had heard of a house on Acela that might be occupied by squatters, and that
it might be a fire hazard and the like. Director Anderson said that this kind of situation would
fall under the proposed ordinance, but it also was likely to have Building Code violations which
could be currently addressed.
Councilmember Fraser asked whether "landscaping not adequately maintained" would be a
violation under the proposed ordinance. Anderson said that landscaping encroaching on a public
roadway was currently handled by Public Works Department, which has an existing system of
notifying the property owner and asking for trimming.
Councilmember Fraser asked whether large construction vehicles and equipment left parked in
residential neighborhoods could be abated in some way.
Chief of Police Cronin said that there was no violation for parking on a public street for under 72
hours, or vehicles under 20 -feet, overnight. He said there was a provision in the Vehicle Code
prohibiting the parking of commercially registered vehicles but that it was not widely enforced.
Councilmember O'Donnell gave an example of a forklift that was parked on the street for three
or four days. There was a discussion about whether the building official had authorized it, or
whether it had to be parked on private property, under the building permit.
Mayor Doyle opened the public hearing. There was no public comment. Mayor Doyle closed
the public hearing.
MOTION: To read the ordinance by title only.
Moved: O'Donnell, seconded by Fredericks
Vote: AYES: Unanimous
ABSENT: Tollini
Mayor Doyle read, "An ordinance of the Town Council of the Town of Tiburon adopting Title
VI, Chapter 34 (Property Maintenance) of the Town of Tiburon Municipal Code."
MOTION: To pass first reading of the ordinance, waive second reading, and set
adoption on consent calendar at the next regular meeting.
Moved: O'Donnell, seconded by Fredericks
Vote: AYES: Doyle, Fraser, Fredericks, O'Donnell
ABSENT: Tollini
DRAFT
Town Council Minutes #xx -2015
May 20, 2015 Page 12
3. 1895 Centro West Street — Appeal of Design Review Board approval of site plan and
architectural review for construction of additions to an existing two-family dwelling, with
variance for excess building height (Planning Manager Watrous)
Applicants/Owners: Gerald Henize and John Paletta
Appellants: Mary and Donald Foree
AP No. 059-071-13
Appeal withdrawn on 5/18/15
TOWN COUNCIL REPORTS
Councilmember Fraser reported that the City of Larkspur was allowing its agreement with the
Marin Telecommunications Agency to expire as of July 1, 2015. He said that as a member of the
Finance & Planning Committee of the JPA, they were working to find a solution to the issue of
the use of CPMC funds (the issue over which Larkspur it withdrawing); however, he said that
they might be unable to do so.
TOWN MANAGER REPORT
Town Manager Curran reminded Council of the Closed Session/Special Meeting on May 26, and
the Town's hosting of MCCMC on May 27, at the Lodge.
WEEKLY DIGESTS
• Town Council Weekly Digests - May 8 & May 15, 2015
Accepted.
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor Doyle
adjourned the meeting at 9:30 p.m.
FRANK X. DOYLE, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
DRAFT
Town Council Minutes #xx -2015 May 20, 2015 Page 13
TOWN OF TIBURON
a 1505 Tiburon Boulevard
Tiburon, CA 94920
STA F REPORT
To:
From:
Subject:
Reviewed By:
Mayor and Members of the Town Council
Administrative Services Department
Investment Summary — April 2015
Town Council Meeting
June 17, 2015
Agenda Item: CG
BACKGROUND
Pursuant to Government Code Section 53601, staff is required to provide the Town Council with
a report regarding the Town's investment activities for the period ended April 30, 2015.
ANALYSIS
Agency
Investment
April 2015
Amount
Interest Rate
Maturity
Town of Tiburon
Local Agency
Fund (LAIF)
$21,754,718.21
0.283%
Liquid
Housing note to
Town Manager
S 800,000.00
0.260%
Based on
Contract
Money Market
(Bank of Marin)
$ 100,000.00
0.10%
Liquid
Total
S22,654,718.21
The total funds invested at the end of the prior month were $21,341,499.06; therefore the Town's
investments increased by $1,313,219.15 from March 2015.
FINANCIAL IMPACT
No financial impact occurs by accepting this report. The Town continues to meet the priority
principles of investing — safety, liquidity and yield in this respective order.
RECOMMENDATION
Staff recommends that the Town Council:
Move to accept the Investment Summary for March 2015
Prepared By: Heidi Bigall, Director of Administrative Services
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
STA} + REPORT
•
Town Council Meeting
June 17, 2015
Agenda Item: CC- 2
4 ..4
To:
From:
Subject:
Reviewed By:
Mayor and Members of the Town Council
Administrative Services Department
Investment Summary — May 2015
BACKGROUND
Pursuant to Government Code Section 53601, staff is required to provide the Town Council with
a report regarding the Town's investment activities for the period ended May 31,2 015.
ANALYSIS
Agency
Investment
May 2015
Amount
Interest Rate
Maturi
Town of Tiburon
Local Agency
Fund (LAIF)
523,504,718.21
0.290%
Liquid
Housing note to
Town Manager
S 800,000.00
0.260%
Based on
Contract
Money Market
(Bank of Marin)
5 100,000.00
0.10%
Liquid
Total
524,404,718.21
The total funds invested at the end of the prior month were $22,654,718.21; therefore the Town's
investments increased by $1,750,000 over April 2015.
FINANCIAL IMPACT
No financial impact occurs by accepting this report. The Town continues to meet the priority
principles of investing — safety, liquidity and yield in this respective order.
RECOMMENDATION
Staff recommends that the Town Council:
Move to accept the Investment Summary for May 2015
Prepared By: Heidi Bigall. Director of Administrative Services
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
June 17, 2015
Agenda Item: l
—
STAFF REPORT
To:
From:
Mayor and Members of the Town Council
Office of the Town Clerk
Subject: Recommendation to Adopt Resolutions Pertaining to the
November 3, 2015 Municipal Election
Reviewed By:
BACKGROUND
The Town Clerk must notify the Marin County Registrar of Voters in the month of June of the
Town's intention to conduct a municipal election for the purpose of electing members to the
Town Council in November of odd -numbered years.
The terms of two members of the Town Council --Mayor Doyle and Vice Mayor Tollini--will
expire in November of this year. Mayor Doyle was appointed to the Council in lieu of election in
November of 2011. Vice Mayor Tollini was appointed at a special election in 2013 to fill the
remainder of Councilmember Dick Collins' term, after his untimely demise. Both candidates are
eligible to run again for four-year terms.
Actions Required by Council.
The Council is asked to adopt a resolution calling for a municipal election to be held on
November 3, 2015 to fill these seats. Also before Council is a resolution requesting that the
Board of Supervisors consolidate the election with any elections being conducted by the County
of Marin (the normal practice of all 11 cities in Marin). The cost of the election is estimated to
run between $1.75 and $3.00 per registered voter. There were 5,658 registered voters in Tiburon
in the last election.
Finally, the Council is asked to adopt a resolution requiring that the cost of Candidate's
Statements in the upcoming election be borne by the candidates. This has been the Town's
practice in previous elections. This year the cost of printing the statements is estimated to be
$190 (and $480 for both English and a Spanish translation) on the ballot. The Candidate's
Statement is an optional expense to the candidate (although most candidates choose to print one).
To ,wn Cnundil \kcrin;
)unc 17. 2015
Election Calendar.
Important dates are contained in the attached timetable for municipal candidates, prepared by the
Marin County Elections Department. When the filing period opens on July 13, 2015, the Town
Clerk will provide the candidates with the appropriate forms and other information.
There was also a memo in the Council Digest (attached) that explains the timeline and actions to
be taken by the Council if there are not more candidates than seats, after the filing period closes.
RECOMMENDATION
Staff recommends that the Town Council adopt the following resolutions on Consent Calendar:
Exhibits:
1. Calling a Municipal Election on November 3, 2015;
2. Requesting Consolidation of Election Services with the County of Marin;
3. Providing that the Cost of Printing of the Candidate's Statements shall be Borne by
the Candidates.
1. Resolutions
2. Election Timetable
3. Digest Memo
Prepared By: Diane Crane Iacopi, Town Clerk
?•rnV'. )1-Tn>,-RC 2
RESOLUTION NO. XX -2015
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
ORDERING AND CALLING A MUNICIPAL ELECTION
IN THE TOWN OF TIBURON
ON NOVEMBER 3, 2015 FOR THE PURPOSE OF
ELECTING TWO COUNCILMEMBERS
BE IT RESOLVED by the Town Council of the Town of Tiburon, that it is
hereby ordered as follows:
Section 1. Date of Election - Offices to be Filled.
A general municipal election is hereby called and ordered to be held in the
Town of Tiburon, State of California, on Tuesday, November 3, 2015, for the
purpose of electing two Town Councilmembers, the terms of the incumbents of
which are about to expire; and
Section 2. Registration to Close October 19, 2015.
Registration for said election shall close on October 19, 2015; no persons
registered after that date will be entitled to vote at said election.
Section 3. Procuring and Filing Nomination Papers.
Nomination papers may be procured from the Town Clerk, beginning July
13, 2015, and shall be filed with the Town Clerk no later than the eighty-eighth
day before the election, or Friday, August 7, 2015, during regular business hours
on that day: 8:30 a.m. until 3:30 p.m. A filing fee in the amount of 825 is
charged to all candidates at the time nomination papers are issued, pursuant to
Town Council Ordinance No. 118 N.S.
Nomination papers may not be circulated prior to July 13, 2015 and must
be filed no later than August 7, 2015. If any one of the incumbents does not file
for re-election to office by August 7, 2015, at 3:30 P.M., the filing period for such
office is extended until 5:30 P.M. on August 12, 2015, for non -incumbent
candidates only.
Section 4. Time When Polls Are Kept Open.
The polls shall be opened at 7:00 A.M. of the day of said election, and
shall be kept open until 8:00 P.M. in the evening of the same day, when the polls
shall be closed, subject to the provisions of Section 10242 of the Elections Code.
Resolution No. XX -2015 - Calling November 3, 2015 Election 1
Section 5. Certification of Vote by Council .
The Council shall meet at its usual meeting place on the first available date
following the canvass of the vote by the County Registrar of Voters to certify the
election and install the newly elected officers. The date of assuming office shall be
no later than Friday, December 4, 2015.
Section 6. Publishing Notice of Election.
The Town Clerk shall cause to be published in a newspaper of general
circulation a Notice of Election which will include the date of election, hours the
polls open and close and the offices to be filled.
PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Tiburon on June 17, 2015, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
FRANK X. DOYLE, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Resolution No. XX -201.5 - Calling November 3, 2015 Election 2
RESOLUTION NO. XX -2015
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
REQUESTING THE BOARD OF SUPERVISORS
TO CONSOLIDATE WITH ANY OTHER ELECTION
CONDUCTED ON SAID DATE;
AND REQUESTING ELECTION SERVICES
BY THE MARIN COUNTY ELECTIONS DEPARTMENT
WHEREAS, it is the determination of the Town Council of the Town of Tiburon to call
a regular municipal election on November 3, 2015 at which election the issue to be presented to
the voters shall be: To elect members to the Town Council
Number of Regular Term Positions (4 years) = 2
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the
County of Marin is hereby requested to:
1) Consolidate said elections with any other applicable election conducted on the same
day;
2) Authorize and direct the Elections Department at Town expense, to provide all
necessary election services and to canvass the results of said election.
BE IT FURTHER RESOLVED, that the Town Clerk is hereby ordered and directed to file
a copy of this resolution with the Board of Supervisors of the County of Marin.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on June 17, 2015, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
FRANK X. DOYLE, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Request Consolidation of November 3, 2015 Election and Services Page 1 of 2
This is a true and certified copy of a resolution adopted by the Town Council on June 17, 2015.
Diane Crane Iacopi,
Tiburon Town Clerk
[Town Seal]
Request Consolidation of November 3, 2015 Election and Services Page 2 of 2
RESOLUTION NO. XX -2015
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
PROVIDING THAT THE COST OF PRINTING AND HANDLING
THE CANDIDATE'S STATEMENT
SHALL BE BORNE BY THE CANDIDATE
AND PAID FOR AT THE TIME NOMINATION PAPERS ARE FILED
WHEREAS, Section 13307 of the California Election Code provides that candidates for
nonpartisan elective office in any local agency, including any city, county, or district, may
prepare a candidate's statement of qualifications, which statement may include the name, age and
occupation of the candidate and a brief description of no more than 200 words of the candidate's
education and qualifications; and
WHEREAS, the amount for printing 200 words has been estimated by the County of
Marin to be $190.00 for each typed candidate's statement of qualifications in the November 3,
2015 municipal election; and $480.00 for the English and Spanish candidate's statement;
NOW, THEREFORE, BE IT RESOLVED, that in the event a candidate wishes to avail
himself/herself of the right to prepare a candidate's statement of qualifications, that the cost of
printing will be borne by the candidate and not by the Town of Tiburon;
BE IT FURTHER RESOLVED that the estimated cost of $190.00 (or $480.00) for
printing candidate's statements of qualifications shall be paid for in advance by the candidate at
the time Nomination Papers are filed with the Town Clerk.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on June 17, 2015, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
FRANK X. DOYLE, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Important Dates
for the November 3, 2015 Election
# of days before
election 4
IJuly 13, 2015
Nomination period opens
for all candidates
113 Candidates must pick up nomination documents at the
Marin County Elections Office.
City and Town Council candidates must pick up and file
nomination documents at their City Clerk's office.
(Some cities charge a filing fee.)
August 7, 2015
88 Deadline for all candidates and incumbents to:
•
•
�•
period closes
• rile aii require° arm optional uueurri rats, ur wunuravv as a
candidate
Aug 8 thru Aug 17, 2015
Public review of
candidate statements
87 - 78
During this period, voters can:
• Get copies of any candidate statement, and
• File a Writ of Mandate in Superior Court.
Aug 8 thru Aug 12, 2015
Extended nomination period
begins
87 - 83
This nomination period will open if an incumbent does not
file by the August 7th deadline. Incumbents may not file
during this period.
Aug 13 thru Aug 22, 2015
Public review of candidate
statements filed in extended
nomination period
82 — 73
During this period, voters can:
• Get copies of any candidate statement, and
• File a Writ of Mandate in Superior Court.
August 13, 2015
Random alphabet drawing
82
The Secretary of State conducts a random drawing to decide
the order of candidate names on the ballot.
September 4, 2015
Overseas & Military Ballots
60
Marin County Elections Office starts mailing ballots to
overseas and military voters.
Sept 8 thru Oct 20, 2015
Write-in candidates
(period begins Labor Day)
57 -14
Write -In Candidates pick up and file your papers at the Marin
County Election Office.
City Council Write -In Candidates must pick up and file papers
with their respective City Clerk's office.
September 24, 2015
Sample Ballot Mailing
40
Marin County Elections Office starts mailing Voter Information
Pamphlets to all registered voters in the county.
September 24, 2015
Taranainn finanrta
40
Candidates must file at least 1 campaign finance statement
t .. •L7_ J�a�-���-JL.. .2 aL 1 .. 1 F i:.,4..
pg. 1
Important Dates
for the November 3, 2015 Election
# of days before
election y
October 5, 2015
Vote -by -Mail ballots
29 Marin County Elections Office starts mailing vote -by -mail
ballots to all vote -by -mail voters in the county. Any Marin
County voter may apply for a ballot and vote at the Elections
pg. 2
Office starting this date.
October 19, 2015
Voter Registration deadline
15
This is the last day to register to vote in this election. Voter
registration forms received by mail must be postmarked by
this date.
October 22, 2015
Campaign finance
Candidates who have campaign finance committees must
report all financial activity from the date of their last statement
through 10/17/15.
October 27, 2015
Deadline to apply for
vote -by -mail ballots by mail
7
This is the last day that voters can apply for a vote -by -mail
ballot by U.S. Mail or fax. Voters who miss this deadline can
pick up a vote -by -mail ballot at the Elections Office until 8:00
pm, November 3, 2015.
November 3, 2015
Election Day
0
Marin County Elections Office and the polls are open
7 a.m. — 8 p.m.
November 16, 2015
Manual Tally
+13
At 9 a.m., Marin County Elections Office randomly selects
1°/0 of the precincts to count votes by hand (manual tally).
December 3, 2015
Election certification
+30
The deadline for the Marin County Elections Office to certify
the county's election results.
pg. 2
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
MEMORANDUM
Date:
To:
From:
Subject:
May 18, 2015
Town Manager Curran
Town Clerk Crane Iacopi
TOWN COUNCIL ELECTION - IMPORTANT DATES
Here is a list of important dates pertaining to the upcoming Municipal (Town Council)
Election on November 3, 2015:
• Monday, July 13 — first day to declare candidacy for office (take out Nomination
Papers)
• Monday, July 13 through Friday, August 7 — Nomination period (circulate
Nomination Papers and obtain signatures)
• Friday, August 7 — Last day to file nomination papers — if any one of the
incumbents does not file, the filing period is extended for five days for non -
incumbents only
• Wednesday, August 12 — Last day to file (extended filing period for non -
incumbents)
At the close of the filing period, if there are only two candidates for the two vacant seats,
the Town Clerk will publish a "Notice that there are not more Candidates than offices to be
elected," according to Section 10229 of the California Elections Code. Five days after
publication of this notice, the Council may undertake the following actions:
1. Appoint to the office the persons who have been nominated;
2. Appoint to the office any eligible elector if no one has been nominated;
3. Hold the election if either no one or only one person has been nominated.
The Council has until August 20, 2015 to undertake any of these actions by resolution. If
no action is taken by August 20, the election will take place.
Please let me know if you have any questions concerning the above dates.
Diane Crane lacopi,
Town Clerk
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
June 17, 2015
Agenda Item:
STAFF REPOR 1
To:
From:
Subject:
Reviewed By:
Mayor and Members of the Town Council
Department of Public Works
Recommendation to Award the 2015 Various Streets Overlay Project to
D Taylor Construction
BACKGROUND
The 2015 Various Streets Overlay Project consists of a thick overlay of Lyford Drive from
Tiburon Boulevard to Round Hill Road and digout repairs on 31 roadway segments. The project
was included in the 2014/15 Capital Improvement Plan as Annual Pavement Management
Improvements and funded in the amount of $750,000, including contingency and soft costs.
The project was designed by Coastland Civil Engineering, Inc. The engineer's construction
estimate was $421,905. Bids for the project were opened on June 4, 2015.
The Town received the following three bids:
Darren Taylor Construction $421,100.40
Maggiora & Ghilotti, Inc. $429,429.00
Team Ghilotti, Inc $448,447.00
ANALYSIS
The Town Attorney and Department of Public Works have reviewed the Darren Taylor
Construction bid and determined that all bid requirements have been met. In their bid packet,
Darren Taylor Construction did not sign a couple of documents. Per (Ghilotti Constr. Co. v. City
of Richmond, supra, 45 Cal.App.4th 897, 904-905) case law, the Town may waive
inconsequential deviations from the specifications. To be inconsequential, the discrepancy must
not:
1. affect the amount of the bid;
2. give a bidder an advantage over others;
3. be a potential vehicle for favoritism;
4. influence potential bidders to refrain from bidding; or
5. affect the ability to make bid comparisons.
The required documents were signed after the bid opening and both the Attorney and Town
Engineer believe that this was an oversight by the bidder and inconsequential to the
specifications.
TOWN OF TIBURON PAGE 1 OF 2
Town Council \-Iccring
June 17, 2015
Staff has analyzed all the bids and believes that the low bid is a fair price. The low bid is under
and within 0.2% of the engineer's estimate. The two low bids are within 2% of each other.
With a normal 15% contingency the total project is still under budget by more than $100,000. In
addition staff notes that the cost per square yard for digout work (pothole repair) is very
reasonable, 20% and 40% below the costs of the next two bidders respectively. Staff believes
that this presents a potential opportunity to do additional digout work at a price favorable to the
Town. Therefore staff is requesting a 20% contingency for this project. With this additional
contingency the total project would be $87,000 under the CIP budget.
Therefore, it is recommended that the Town Council award the bid to Darren Taylor Construction
in the amount of $421,100.40 and to set out a project construction budget of $484,265, inclusive
of 15% contingency funding.
FINANCIAL IMPACT
The 2015 Various Streets Overlay Project was included in the 2014/15 Capital Improvement Plan
Capital Improvement Plan as Annual Pavement Management Improvements and funded in the
amount of $750,000, including contingency and soft costs. Funding is from the Street Impact
Fund and Gas Tax. Below is shown the current estimated cost of the project.
Construction
$421,100.40
Contingency
$84,220.00
Design
$86,787.00
Construction Management
$70,680.00
Total
$662,787.40
RECOMMENDATION
Staff recommends that the Town Council:
Approve the award of contact for the Tiburon Blvd Crosswalk Improvements Project to
Darren Taylor Construction in the amount not -to -exceed $421,100.40 with a 20 percent
contingency of $84,220.
Prepared by: Patrick Barnes, Director of Public Works
TOWN OF TIBURON PAGE 2 OF 2