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HomeMy WebLinkAboutTC Agd Pkt 2015-07-15TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard • Tiburon, CA 94920 Tiburon Town Council July 15, 2015 Closed Session — 7:00 p.m. Interviews — 7:15 p.m. Regular Meeting — 7:30 p.m. AGENDA TIBURON TOWN COUNCIL CLOSED SESSION — 7:00 p.m. • Mittelman Settlement — Conference with Legal Counsel — Existing Litigation (Gov. Code 4 54956.9) Mittelman v. Town of Tiburon, Marin Superior Court CIV 1404795 INTERVIEWS - 7:15 p.m. (Town Historian) • David M. Gotz CALL TO ORDER AND ROLL CALL Councilmember Fraser, Councilmember Fredericks, Councilmember O'Donnell, Vice Mayor Tollini, Mayor Doyle ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. PRESENTATION • Recognition of outgoing Town Historian, Branwell Fanning • Marin Climate Energy Partnership (MCEP) - "Resilient Neighborhood Program" 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. Commendation for Branwell Farming - Adopt resolution commending Branwell Fanning for his many years of service to the Town as Town Historian 2. Commendation for Cindy Rodriguez - Adopt resolution commending Police Department Secretary Cindy Rodriguez for her many years of service to the Town upon the occasion of her retirement (Chief of Police Cronin) 3. League of California Cities Voting Delegate - Confirm appointment of voting delegate for annual League of California Cities annual conference in San Jose (Town Clerk Crane Iacopi) ACTION ITEMS 1. Appointments to Town Boards and Commissions - Consider appointment to fill Town Historian vacancy (Town Clerk Crane Iacopi) Shoreline Park Policy - Consider revisions to the Town's policy for special events in Shoreline Park (Director of Community Development Anderson/Town Manager Curran) PUBLIC HEARINGS 1. Residential Roof -top Solar Energy Systems - Recommendations to introduce and pass first reading of an ordinance amending Chapter 13 (Building Regulations) of the Town Code to establish streamlined review procedures for small, residential roof -top solar energy systems (Director of Community Development Anderson) TOWN COUNCIL REPORTS TOWN MANAGER REPORT WEEKLY DIGESTS • Town Council Weekly Digest - July 6-10, 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 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. Resolution No. 28.2015 / DRAFT c(-/ A RESOLUTION OF THE TOWN COUNCIL OF THE z TOWN OF TIBURON COMMENDING FANNING BI,�, �� wt rfri� FOR EXEMPLARY SERVICE AS TOWN HISTORIAN WHEREAS, Branwell Fanning, affectionately known to his friends as Bran, served on the Town Council in the early days of incorporation of the Town, from 1966-1974, and knows its history first-hand as one of our "founding fathers"; WHEREAS. in 1999, Bran was appointed by the Town Council to be its Town Historian, a position created by Council resolution in 1971 to keep the story of Tiburon alive for future generations through identification of "literature, photographs, architecture, geography, geology and ecology" that are unique to our area, and to serve as an official resource to the Town Council, Town staff and residents on matters of Town history; WHEREAS. in addition to his unique personal contribution to the Town's history, Bran brought his formidable skill, talent and dedication to the position of Town Historian and developed an enduring legacy by authoring four books about Marin, Angel Island, and the Tiburon Peninsula in the "Images of America" series from Arcadia Press, as well as and one in the "Then and Now" series about Tiburon and Belvedere; WHEREAS, Historian Fanning gave lectures to children at local schools about the history of our Town and the Tiburon Peninsula, and authored many articles for the Town newsletter on Tiburon history, especially how the Town's boundaries were drawn, how Angel Island came to be within our boundaries, and how the landscape of our peninsula might have been altered forever by the creation of a four -lane highway to San Francisco; WHEREAS. Bran and his wife Carolyn have recently moved away (but not far away!) from Tiburon, although to our delight they continue to be involved with the Town's affairs; Now, THEREFORE, BE IT RESOLVED that the Town Council hereby commends Branwell Fanning for his many years of service to the Town in his capacity as Town Historian, and for his ongoing loyalty and friendship to the Town and all its citizens. PASSED AND ADOPTED at a regular meeting of the Town Council on July 15, 2015, by the following vote: AYES: COUNCILMEMBERS: Doyle, Tollini, Fraser, Fredericks, O'Donnell ATTEST: DIANE CRANE IACOPI, TOWN CLERK FRANK X. DOYLE MAYOR, TOWN OF TIBURON Resolution No. -L» FT— A T— A Resolution of the Town of Tiburon Commending Administrative Assistant Cynthia (Cindy) Ann Rodriguez for over 42 years of exemplary service to the Tiburon Community WHEREAS, Cindy Ann Rodriguez began her career with the Tiburon Police Department in November, 1972 and has served the Tiburon community continuously since that time, becoming the longest serving town employee in the Town's history; and WHEREAS, Cindy served under every Police Chief in the department's history, assuming greater responsibility at each step, in a variety of assignments; first as a Reserve Officer in 1972, a dispatcher in 1973 and, since 1983, as the Secretary and Administrative Assistant to the Chief of Police until the present day; and WHEREAS, Cindy has mastered a variety of critical tasks and responsibilities in a continuously evolving and challenging environment, particularly in the area of evidence storage and security, all of which were essential to the effective operation of the police department; and WHEREAS, Cindy's uncommon dedication, expertise and particularly her willingness to make personal sacrifices in support of department goals has made an invaluable contribution to the department's success and stands as an example for other employees; and WHEREAS, Cindy occupies a unique, if unofficial — and irreplaceable, position as the department's historian and keeper of all secrets, as evidenced by the oft heard response to innumerable questions about the where's, why's, when's, whose and how's of the department's past: "ASK CINDY"; and WHEREAS, Cindy's commitment to the community, her loyalty to the Police Department and her unwavering support for a succession of Police Chiefs exceeded any expectation of service and is now, and will forever remain, a source of the deepest appreciation from Chiefs past and present: NOW THEREFORE, the Town Council of the Town of Tiburon does hereby commend and congratulate Cynthia Ann Rodriquez for her forty two years and eight months of exemplary service to the Town of Tiburon. PASSED AND ADOPTED at the Town Council on July 15, 2015 by the following vote, to wit: AYES: COUNCILMEMBERS: Doyle, Tollini, Fredericks, Fraser, O'Donnell, ABSENT: COUNCILMEMBERS: None FRANK DOYLE, MAYOR TOWN OF TIBURON DIANE CRANE IACOPI, TOWN CLERK TOWN OF TIBURON 1�.1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting July 15, 2015 Agenda Item: C C STAFF REPORT To: From: Mayor and Members of the Town Council Office of the Town Manager Subject: Recommendation to Approve a Resolution Honoring Branwell Fanning for His Service to the Town as Town Historian Reviewed By:(6-1-3:------------- Branwell Fanning has notified the Town of his retirement as Town Historian. A resolution honoring his significant contribution to the Town will be provided to the Town Council on Wednesday. Bran and his wife, Carolyn, are expected to be in attendance. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting July 15, 2015 Agenda Item: _ 2 - STAFF REPORT To: From: Subject: Mayor and Members of the Town Council Police Chief Michael Cronin Resolution Commending Cynthia (Cindy) Rodriquez for 42 & 3/4 years of service with the Town of Tiburon Reviewed By: BACKGROUND On July 31, 2015, Cindy Rodriquez will retire. She -will have completed 42 years and 9 months of uninterrupted service to the Town of Tiburon. That accomplishment establishes her as the longest serving employee in the history of the Town of Tiburon, serving under virtually every Police Chief the Town has had since the establishment of its Police Department. Attached is a resolution of appreciation. RECOMMENDATION Staff recommends that the Town Council: 1. Adopt the resolution commending Cindy Rodriquez for her forty two years, nine months service with the Town of Tiburon. Exhibits: Resolution Prepared By: Michael J. Cronin, Chief of Police TOWN OF TIBURON PAGE 1 OF 1 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting July 15, 2015 Agenda Item: eG - STAFF REPORT To: From: Subject: Reviewed By: Mayor and Members of the Town Council Office of the Town Clerk Designation of Voting Delegate(s) to League of California Cities Annual Conference BACKGROUND The League of California Cities'Annual Conference is scheduled for September 30 — October 2 in San Jose. In order to vote on matters at the Annual Business Meeting, the Town Council must appoint a voting delegate. The Town's delegate, along with the representatives from other cities, will consider and take action on resolutions that establish League policy. According to the League's bylaws, a city may appoint a voting delegate and up to two alternates. Mayor Fredericks has served as voting delegate in previous years and is expected to serve in this capacity this year. Councilmember Fredericks' appointment can be adopted on consent; if there is additional interest, the item should be pulled from the consent calendar for further discussion and action. Whoever is chosen as the Town's voting delegate(s) must be available to attend the Annual Business Meeting (at the closing General Assembly), scheduled for Friday, October 2, 2015. RECOMMENDATION Staff recommends that the Town Council: 1) Confirm Councilmember Fredericks' representation of the Town (by adopting this report on Consent Calendar) as its voting delegate at the Annual Business Meeting of the League of California Cities; or 2) If the Council desires to appoint a different delegate, or up to two alternates, the item should be pulled from the Consent Calendar and the appointments considered as an action item. To .vii Council MI12ring July 15, 1t)i5 Exhibits: League of California Cities 2015 Annual Conference Voting Procedures and Appointment of Delegate Form Prepared By: Diane Crane Iacopi, Town Clerk . }rlli;i'RON �LrEA�GU�E® CITIES May 29, 2015 1400 K Street, Suite 400 • Sacramento, California 95814 Phone: 916.658.8200 Fax: 916.658.8240 www.cacities.org Council Action Advised by July 31, 2015 TO: Mayors, City Managers and City Clerks RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES League of California Cities Annual Conference — September 30 — October 2, San Jose The League's 2015Annual Conference is scheduled for September 30 — October 2 in San Jose. An important part of the Annual Conference is the Annual Business Meeting (at the General Assembly), scheduled for noon on Friday, October 2, at the San Jose Convention Center. At this meeting, the League membership considers and takes action on resolutions that establish League policy. In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity. Please complete the attached Voting Delegate form and return it to the League's office no later than Friday, September 18, 2015. This will allow us time to establish voting delegate/alternate records prior to the conference. Please note the following procedures that are intended to ensure the integrity of the voting process at the Annual Business Meeting. • Action by Council Required. Consistent with League bylaws, a city's voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. • Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. To register for the conference, please go to our website: www.cacities.org. In order to cast a vote, at least one voter must be present at the -over- Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegate Desk. This will enable them to receive the special sticker on their name badges that will admit them into the voting area during the Business Meeting. • Transferring Voting Card to Non -Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. • Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges. The Voting Delegate Desk, located in the conference registration area of the San Jose Convention Center, will be open at the following times: Wednesday, September 30, 8:00 a.m. — 6:00 p.m.; Thursday, October 1, 7:00 a.m. — 4:00 p.m.; and Friday, October 2, 7:30-10:00 a.m. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but will be closed during roll calls and voting. The voting procedures that will be used at the conference are attached to this memo. Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city's voting delegate and alternates. Once again, thank you for completing the voting delegate and alternate form and returning it to the League office by Friday, September 18. If you have questions, please call Kayla Gibson at (916) 658-8247. Attachments: • 2015 Annual Conference Voting Procedures • Voting Delegate/Alternate Form Annual Conference Voting Procedures 2015 Annual Conference 1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to League policy. 2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the League Credentials Committee. 3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting. 4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city's voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution. 5. Voting. To cast the city's vote, a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate. 6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a designated area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. 7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting. LEAGUE OF CALIFORNIA CITIES CITY: 2015 ANNUAL CONFERENCE VOTING DELEGATE/ALTERNATE FORM Please complete this form and return it to the League office by Friday, September 18, 2015. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates. In order to vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council. Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk. 1. VOTING DELEGATE Name: Title: 2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE Name: Name: Title: Title: PLEASE ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES. OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s). Name: E-mail Mayor or City Clerk Phone: (circle one) (signature) Date: Please complete and return by Friday, September 18, 2015 League of California Cities ATTN: Kayla Gibson 1400 K Street, 4th Floor Sacramento, CA 95814 FAX: (916) 658-8240 E-mail: kgibson@cacities.org (916) 658-8247 o TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting July 15, 2015 Agenda Item: Al = 1 STAFF REPORT To: From: Subject: Mayor and Members of the Town Council Office of the Town Clerk Appointments to Fill Vacancies on Town Boards, Commissions and Committees Reviewed By: i(1,_, -------- BACKGROUND The position of Town Historian was created in 1971 by resolution, and was filled for many years by long-time resident Louise Teather (for whom a pocket park is named, near the Mar West Tennis Courts). Former Mayor and Councilman, Branwell ("Bran") Fanning, was the Town's next appointee. During his tenure, Bran participated in many town events, contributed to a historical column in the Town's newsletter, and authored several books about the history of the Tiburon peninsula and Angel Island. He held the position from 1999 until recently, when he and his wife, Carolyn, moved to San Rafael. The Town Clerk advertised the vacancy, pursuant to the Town's appointment policy, and has received one application, from David Gotz, Landmarks' Society Archivist, and former Heritage & Arts Commissioner. No other applications have been received to date. The Town's Historian has been an active participant, as noted above, in Town and community events. Historian Fanning also regularly attended meetings of the Heritage & Arts Commission. The Heritage & Arts Commission has stated its desire to work closely with the new Historian and wants to take full advantage of this resource to help achieve its goals. The Commissioners have agreed to comment on the Town Historian job description to suggest ways to update the wording and description of the duties to make it more current. Their comments, and those of staff, will be brought back to the Council for approval at a future meeting. RECOMMENDATION Staff recommends that the Town Council: 1. Interview the candidate (or candidates) for the position of Town Historian and make an appointment; and 2. Recognize and commend Branwell Fanning for his many years of service to the Town of Tiburon. Town Council \lectin<g July 15, 201-5 Exhibits: a) Notice of Vacancy for Town Historian — June 2015 b) Application of David M. Gotz c) Plaque commending Branwell Fanning (for presentation at meeting) Prepared By: Diane Crane Iacopi, Town Clerk To\vN im.RoN I'a,r 2 2 TOWN OF TIBURON SPECIAL VACANCY NOTICE June 2015 POSITION: TOWN HISTORIAN Qualifications: Applicants should be residents of the Town of Tiburon and have the interest, desire, and time available to pursue the goals of the position as outlined in Resolution No. 355, paraphrased below. Purpose: To coordinate the interests of the many persons and organizations in the preservation of the historical record of the Tiburon Peninsula so that it will serve the Town of Tiburon and surrounding communities in a positive and productive way. The Town Historian works closely with the Town's Heritage & Arts Commission. Duties & Responsibilities: The duties and responsibilities of this office are to: (a) identify all currently available literature, photographs and artistic renderings relating to the history, architecture, geography, geology and ecology of the area and to recommend to the Town Council which of this material should be obtained for the Town's library for the reference of Town officials, staff or interested citizens; and (b) serve as the Town's official resource whenever the Council, Town officials, boards or commissions request information about the historical, architectural, geographical, geological or ecological value of any structure, area or flora within the Town's defined area of interest in order that, inadvertently, such may not be obliterated or altered. The position of Town Historian was most recently occupied by Branwell Fanning, who served from August, 1999 until his resignation in 2015. Interested residents can pick up an application at Tiburon Town Hall, 1505 Tiburon Boulevard, or download an application at www.townoftibztron.org (link is under "Resident" / "Useful Forms"). Call Town Clerk Diane Crane Iacopi at 415-435-7377 for more information. Deadline for Receipt of Applications: June 30, 2015 (position open until filled) Notice Posted at Town Hall and Bel -Tib Library Published in The Ark on June 17, 2015 Courtesy copy to Marin independent Journal TOWN OF TIBURON JUN 20 2015 TOWN CLERK TOWN OF TIBURON COMMISSION, BOARD & COMMITTEE APPLICATION The Town Council considers appointments to its various Town commissions, boards and committee throughout the year due to term expirations and unforeseen vacancies. In its effort to broaden participation by local residents in Tiburon local governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing both sides of this form and returning it to Town Hall. Copies will be forwarded to the Town Council and informal applicant/Council interviews are scheduled periodically during the year. Your application will also remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Diane Crane Iacopi Town Clerk AREAS OF INTEREST Indicate Your Area(s) of Interest in Numerical Order (#1 Being the Greatest Interest) PLANNING DESIGN REVIEW HERITAGE & ARTS LIBRARY AFFORDABLE HOUSING S:dcrane/comm.app PARKS, OPEN SPACE & TRAILS RECREATION DISASTER PREPAREDNESS COMMISSION ON AGING X OTHER - PERSONAL DATA (PLEASE PRINT OR TYPE — A RESUME MAY BE ATTACHED AS WELL) NAME: N MAILING ADDRESS: t (n� ? PM ---1--\ 0\ E-mail address (optional): ‘1•C:16 -i--?_-_, 2.. c� . c./\ TELEPHONE: Home: f Work: 43 S - S-tfC 0 Fax No. PROPERTY OWNERS= ASSOC. (If applicable) TIBURON RESIDENT: (Years) DATE SUBMITTED: �Z tl 5 - REASONS REASONS FOR SELECTING YOUR AREAS OF INTEREST 71-h S IA -PP L cA-- f PEZ- P u_'y THE H E P s 1 1 «r&,\ 1 h3e\I APPLICABLE QUALIFICATIONS AND EXPERIENCE JUN 29 nib 13 -----------------------------Town Hall Use -------------------- ------ 4GIAI-Gi:ERK TOWN OF TIBURON Date Application Received: 6 - f r Interview Date: 7-4523— Appointed /5 3— Appointed to: (Date) Date Term Expires: Length of Term: 2 DAVID M. GOTZ 4643 Paradise Dr. Tiburon, CA 94920 415-435-1717 dgotz@comcast.net QUALIFICATIONS AND EXPERIENCE FOR THE POSITION OF TIBURON TOWN HISTORIAN • Tiburon Heritage & Arts Commissioner: 2001-2014. • Chairman Tiburon H & A: 2002-2006. • Belvedere -Tiburon Landmarks Society Board member: 2005-2009. • B -T LMS Board President: 2007-2008. • B -T LMS Archivist: 2009 -present. • Committee member and participant Belvedere -Tiburon Walk Your History: 2009, 2011, 2013, 2015. • Committee member of Tiburon Anniversary Planners for the Tiburon 50th Anniversary celebration: 2013-2014. • Founding committee member of the Railroad Berm restoration project: 2007-2014. • Writer, Director and Producer of "Turning the Tide": a documentary about Tiburon history and the saving of Richardson Bay from being filled and developed in the 1950's (2007). • Created "Tiburon's Golden Anniversary": a photo montage of then and now views of Tiburon (2014). • Created "Celebrating Tiburon: 50 Years as a Town 1964-2014": a commemorative booklet for the golden anniversary (2014). PIPER JEAN ROSS BERGER 14 RACCOON LANE TIBURON, CA 94920 415 407 1042 JUNE 25, 2015 TOWN OF TIBURON MAYOR DOYLE COUNCIL MEMBERS: FRASER, FREDRICKS, O'DONNELL AND TOLLINI DEAR ELECTED TIBURON COUNCIL, IT 1S A PURE PLEASURE TO WHOLEHEARTEDLY ENDORSE DAVID GOTZ AS TOWN HISTORIAN FOR TIBURON. WITH THE EXCEPTION OF LOUISE TEATHER, NO CANDIDATE HAS BETTER PREPARED HIMSELF OR HERSELF FOR THIS IMPORTANT POSITION. DAVID EXPERTLY SERVED ON FIRST THE HERITAGE AND ARTS COMMISSION FROM 2001-2014, FOUR YEARS OF WHICH HE SERVED AS THE CHAIR. HIS TERM ON THE BELVEDERE-TIBURON LANDMARKS SOCIETY BOARD WAS FROM 2005-2009, WHERE HE WAS ELECTED AND SERVED AS PRESIDENT FOR 2007-2008. WHEN I LEARNED THAT DAVE WAS INTERESTED IN WORKING AS LANDMARKS SOCIETY ARCHIVIST IN 2009, 1 WAS MOST PLEASED AND CONFIDENT IN HIS ABILITY TO MANAGE OUR TREASURED COMMUNITY ASSET, AND CREATIVELY PRESENT HISTORIC CONTENT WHEN NEEDED, BECAUSE OF THE NUMEROUS PROJECTS WE WORKED ON TOGETHER WHEN I WAS ARCHIVIST. DAVID IS A THROUGH RESEARCH WRITER, TALENTED FILM MAKER AND DIGITAL IMAGE GURU THAT HAS PROVEN TIME AND AGAIN THAT HE COMMANDS THE SKILLS TO WORK WITH TOWN COMMISSIONS, VOLUNTEERS, THE LANDMARKS SOCIETY, AND OTHER HISTORIANS. TIBURON IS MOST FORTUNATE THAT DAVID GOTZ IS OUR CANDIDATE FOR THE POSITION OF TOWN HISTORIAN. SINCERELY, PIPER Jim Allen Belvedere Land Company 83 Beach Road Belvedere, CA 94920 Town of Tiburon Tiburon Blvd Tiburon, CA 94920 Re: Town Historian To Whom It May Concern: June 25, 2015 I want to recommend Dave Gotz for the position of Town Historian. As you must already know, he is one of the local history experts. His work as Landmarks Archivist, a LMS Board member for many years and as a past President of LMS have introduced him to the entire spectrum of local history. He has been involved in researching and recording many items of interest such as the Railroad History, the Stationmaster's residence, Brick makers, cod fisheries, the Ranch and Dairy History, Romberg Center History, and local business history. He has been involved in so many research projects involving old maps, building locations, town and school history. He is knowledgeable about local artist and their work, local photographers and their work. Dave is a dedicated volunteer at Walk Your History, at Old St. Hilary's Concerts, and likely other volunteer efforts that I am not aware of. You could not find a better or more qualified candidate anywhere. I highly recommend Dave Gotz as Town Historian. Sincerely, Jim Allen TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting July 15, 2015 Agenda Item: AI STAFF REPORT To: From: Subject: Reviewed By: Mayor and Members of the Town Council Town Staff Consider Amendments to the Town's Special Event Policy for Shoreline Park BACKGROUND In 2004, the Town Council adopted a policy governing special events in Shoreline Park, entitled "Use of Shoreline Park ---Special Events". The Policy, among other things, limits the number, extent and location of events in Shoreline Park to preserve it for primarily passive recreational uses and to limit conflicts with nearby residences. The Policy has been continuously implemented since its adoption, with typically two to three special events being held each year (RCP Mile Swim, Classic Car Show, and one variable event). However, in 2013 the Town Council allowed the Dreyer Foundation to install the first "Art by the Bay" exhibit, which complied with the Policy's goals, but not all of its specific provisions. At that time, Art by the Bay was considered a one-time occurrence. In May 2014, the Town of Tiburon held its 50th Anniversary celebration using Shoreline Park and other venues. The use of Shoreline Park for this celebration also did not comply with several provisions of the Policy, but was recognized by all as a highly special and unusual community event unlikely to be duplicated for many years. Art by the Bay was proposed again for 2014 and the Town Council approved the second Art by the Bay proposal at its September 17, 2014 meeting, noting that Shoreline Park was a favorable location for temporary art exhibits given the Town's on-going efforts to promote the downtown as a visitor's destination. At that meeting, Staff recommended that the Policy be reviewed for possible amendments and the Council indicated that the Policy should be revised to allow such art installations. Staff notes that Art by the Bay has since been reformulated as an every -other - year event and will not be held in 2015. Since late 2014, Town staff and the Council's ad-hoc Downtown Committee, comprised of Mayor Doyle and Councilman Fraser, have been working on a revised Policy in consultation with the Point Tiburon Bayside Homeowners Association. At this time, the Council Committee is recommending a revised Shoreline Park Policy for consideration by the full Council. TOWN OF TIBURON PAGE 1 OF 3 Town Council lvlecting July 15, 2015 ANALYSIS The current Shoreline Park Policy (Exhibit 1) limits special events in Shoreline Park to weekends and holidays, from 8 a.m. until dusk. It does not allow structures associated with permitted special events to remain in place overnight, nor does it allow such structures outside of Ferry Plaza. These restrictions indicate that the policy does not contemplate art installations such as Art by the Bay, which are left in place for a limited number of days. The Downtown ad-hoc committee has also expressed a desire for the policy to allow additional events of an appropriate nature, such as plein air painting events or a chili cook -off, and is recommending an increase in the number of events allowed per year to five instead of four. Other amendments and a new graphic depicting the park are also proposed. The draft revised Shoreline Park Policy (Exhibit 2) before the Council contains numerous amendments, the primary ones of which are described below. The revisions reflect staffs experience over the past ten years in connection with special events and exhibitions allowed in Shoreline Park, and also a desire that the current limit of four (4) special events per year be increased to five (5) events, including art exhibitions. 1. The number of annual events has been increased from four to five and the restriction of no more than one event in any 30 -day period has been removed. 2. Art exhibitions are clarified to count as events. Art exhibitions, with Council permission, may have a 45 -day duration including set-up and take-down. Art exhibits on display for more than 72 consecutive hours shall generally be limited to the western third of Shoreline Park (the portion nearest Main Street). 3. The Town Manager is given discretion to determine whether an event of a limited amount of time constitutes a "special event" subject to the Town's Special Events Permit Policy. 4. The proposed Policy would allow special events on Fridays in addition to the current weekends and holidays. 5. Special events held on Friday and Saturday nights could continue until 10 p.m., and until one hour after sunset on other days of the week. Under the current policy, all events must end at dusk. The 8:00 a.m. start time for events would not change. 6. The Policy contains an Exception section that: a) Allows limited latitude for the Town Manager regarding logistical and certain other considerations; and b) Provides the Town Council with the authority to grant an exception to any aspect of the Policy after holding a public meeting. 7. The provision that limits placement of temporary structures (including exhibited art) and music amplification to Ferry Plaza has been removed. 8. A graphic has been added to depict Shoreline Park's boundaries, replacing the written description in the current policy. TOWN OFTIM. IRON Page 2 of 3 Town Council klecting July 15, 2015 A redline document comparing the proposed and current policies is attached as Exhibit 3. The Bayside Association has maintained a keen interest in the Policy and in Town actions relating to Shoreline Park over the years and the Town has extensively consulted Association Board of Directors representatives during the Shoreline Park Policy amendment process. At the conclusion of the most recent meeting with Bayside Board representatives on July 9, it appears that there is general agreement with and acceptance of the provisions of the proposed policy amendments. RECOMMENDATION Staff recommends that the Town Council: 1. Hear comments from any interested persons. 2. Deliberate on the proposed Policy. 3. Consider adoption of the document entitled "Use of Shoreline Park ---Special Events", revised July 9, 2015. EXHIBITS 1. Current Policy (3/17/2004). 2. Proposed Revised Policy (7/9/2015). 3. Redline comparison of current and draft policies dated 7-10-2015. TO\\'N OFT[BI IRON Page 3 of 3 TOWN OF TIBURON Town Council Policy & Procedure Number: g Effective: March 17, 2004 Authority: Town Council / Town Manager USE OF SHORELINE PARK - SPECIAL EVENTS PURPOSE AND INTENT The Town Council establishes this "Use of Shoreline Park — Special Events" policy for the Town of Tiburon in accordance with the provisions of the Tiburon Municipal Code and State Law. This policy defines special events and specifies requirements and procedures for their approval in Shoreline Park. Shoreline Park was dedicated to the Town for "public, scenic, open space and public access" purposes and is customarily used as a visual and primarily passive recreational amenity for Town residents and visitors. The Park lies directly in the San Francisco Bay view corridor of nearby residences and adjoining Paradise Drive, and is therefore highly sensitive from a visual and view blockage standpoint. The Park is extremely popular with both residents and visitors for walking, viewing, picnicking, jogging, and bicycling. The Ferry Plaza portion of the Park also provides important public access to the Main Street waterfront and its ferry services. The Town Council establishes these requirements and procedures for occasional special events at Shoreline Park to protect the visual and recreational qualities of the park and to preserve it for its intended use. This policy is intended to ensure that the temporary operation of each special event at Shoreline Park is compatible with the adjacent neighborhood, downtown business district, residents, and visitors. POLICY The Town receives numerous requests to allow events, activities, and occasionally structures, on a short term basis within Shoreline Park. The Town has an interest in occasionally allowing certain types of conditionally allowable events or activities in the Park on a short term basis. Some of these events or activities may allow private individuals, businesses, or not -for profit organizations to hold special functions that may temporarily deviate from the customary use of the Park. However, the frequency and nature of these events must be limited to protect the primary purposes, appearance and on-going popular use of the Park. EXHIBIT NO. I, APPLICABILITY Before being issued a special event permit for activities within Shoreline Park, all applicants must comply with this Policy and the requirements set forth in Town Council Policy and Procedure #7, also known as the Special Events Permit Policy. The Town Council or the Town Manger may allow some latitude with respect to provisions of the Special Events Permit Policy in order to facilitate activities such as set up, the staging of equipment, and the hours of operation. SHORELINE PARK Shoreline Park is defined as the area beginning at the Ferry Plaza and adjacent strip of grass and paved walkway along the Tiburon shoreline between the corner of Tiburon Boulevard and Paradise Drive to the corner of Paradise Drive and Mar West Street. This is a public park where barbecues and unleashed dogs are prohibited. SPECIAL EVENTS AT SHORELINE PARK For the purpose of this policy, "special event" means a short-term activity or other use of the Park other than its customary use. Proposed special events or activities shall be compatible with the surrounding area. It is the Town's policy to regulate use of Shoreline Park for special events by limiting the number, frequency, duration and hours of operation of events that might disrupt the . customary use of the park as follows: 1. No more than four (4) special events are allowed per calendar year. No more than one special event shall be held in any consecutive 30 -day period. 2. Special events are limited to Saturdays, Sundays and legal Town Holidays. Legal Town Holidays are New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. 3. The activities of the special event are restricted to the hours of 8:00 am to dusk. PORTABLE STRUCTURES / FERRY PLAZA RESTRICTIONS All temporary structures such as booths and tents will be limited to the paving stone -lined Ferry Plaza area and must be removed at the conclusion of the event. No temporary structures will be permitted on the lawn or on the concrete sidewalk areas of Shoreline Park without prior approval from the Town Engineer/Director of Public Works or the Town Manager. No automobiles or trucks will be allowed to park on Ferry Plaza, other than for the purposes of loading or unloading items pertaining to the event and subject to the approval of the Deputy Director of Public Works, Director of Public Works, or Town Manager. 2 MUSIC AND VOICE AMPLIFICATION Chapter 25-1 of the Municipal Code requires that any amplified music and/or voice amplification in a non-residential zone be approved in writing by the Town Manager. Any voice or music amplification in Shoreline Park should be limited to the Ferry Plaza area and should be kept to a reasonable volume. LIGHTING No additional lighting equipment is permitted. ROADWAY CLOSURE No roadway closures will be permitted in this area without prior approval from the Chief of Police or the Town Manager. Roadway closures are strongly discouraged and should be avoided whenever possible. SANITATION The event coordinator will be required to provide adequate sanitation facilities for the special event. Those requirements will include portable bathroom facilities and garbage collection. The event coordinator will be responsible for all clean up at the conclusion of the event. The event coordinator will ensure that the Town owned garbage facilities are not affected by the event and Town staff may require additional cleaning such as pressure washing the paving stones of Ferry Plaza upon conclusion of the event. 3 TOWN OF TIBURON PROPOSED Town Council Policy & Procedure Number: 8 Effective: March, 17, 2004 (Revised _/_/2015) Authority: Town Council / Town Manager USE OF SHORELINE PARK - SPECIAL EVENTS PURPOSE AND INTENT The Town Council establishes this "Use of Shoreline Park — Special Events" policy (hereinafter "Policy") for the Town of Tiburon in accordance with the provisions of the Tiburon Municipal Code and State Law. This Policy defines special events and specifies requirements and procedures for their approval in Shoreline Park. Shoreline Park was dedicated to the Town for "public, scenic, open space and public access" purposes and is customarily used as a visual and primarily passive recreational amenity for Town residents and visitors. A majority of the Park's land area is under water; the dry land portion consists of a narrow strip of bay front property with a paved walking path terminating at Ferry Plaza (see attached graphic). It lies directly in the San Francisco Bay view corridor of nearby residences and adjoining Paradise Drive, and is therefore highly sensitive from a visual and view blockage standpoint; the dedication to the Town is subject to conditions protecting the views from the Bayside units at Point Tiburon. The Park is popular with both residents and visitors for walking, viewing, picnicking and jogging. The Ferry Plaza portion of the Park also provides important public access to the Main Street waterfront and ferry services. The Town Council establishes these requirements and procedures for occasional special events in Shoreline Park to protect the visual and recreational qualities of the Park and to preserve it primarily for its customary use. This Policy is intended to ensure that the temporary operation of each permitted special event at Shoreline Park is compatible with the adjacent neighborhood, downtown business district, residents, and visitors. POLICY The Town receives periodic requests to allow events, activities, and occasional temporary structures in Shoreline Park. The Town has an interest in occasionally allowing certain types of conditionally allowable events or activities in the Park on a short-term basis, which may temporarily deviate from the customary use of the Park. However, the frequency and nature of these events must be limited to protect the primary purposes, appearance, and on-going popular use of the Park. Use of Shoreline Park ---Special Events DRAFT Revised 7/9/2015 1 EXHIBIT NO. la. SPECIAL EVENTS AT SHORELINE PARK For the purpose of this Policy, "special event" means a short-term activity use or limited duration art exhibition use of the Park other than its customary use. The Town Manager shall have the discretion to determine whether an event of a limited amount of time qualifies as a "special event" that is subject to the Special Events Permit Policy referenced below. All special events on Town property are subject to the Town's Special Events Permit Policy, which enables the Town, consistent with the Park's dedicating documents, to establish the parameters for each special event and the obligations of the permit holder. To ensure reasonable compatibility with the surrounding area and avoid disruption of the customary use of the Park, any special event in Shoreline Park must comply with the following additional requirements: 1. The Town anticipates limiting the number of events to five (5) permitted special events per calendar year. 2. Special events are limited to Fridays, Saturdays, Sundays and legal Town Holidays. Legal Town Holidays are New Year's Day, Martin Luther King, Jr. Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day; excepting art exhibition events that may, with Town Council permission, have a maximum 45 -day duration including set- up and take-down. 3. The activities of the special event are restricted to the hours of 8:00 a.m. to one hour after sunset Sunday through Thursday and 8:00 a.m. to 10:00 p.m. on Fridays and Saturdays. EXCEPTIONS The Town Manager may allow some latitude with respect to provisions of the Special Events Permit Policy and this Policy in order to facilitate activities such as set up, the staging of equipment and the hours of operation. The discretion allowed by this Policy shall be confined to logistical and other considerations necessary to further the following critical purposes: 1. Protect the Park and improvements therein. 2. Ensure public safety and access. 3. Avoid unauthorized or extended obstruction of views of the bay. 4. Avoid noise disruption of nearby residential neighborhoods after 8 pm on Sunday through Thursday or after 10 p.m. on Friday and Saturday. The Town Council, at a public meeting, may grant Exceptions to this Policy as it deems warranted. Use of Shoreline Park ---Special Events DRAFT Revised 7/9/2015 2 TEMPORARY STRUCTURES Temporary structures (excluding art exhibition pieces) may be in place no longer than seventy-two (72) consecutive hours. The Town Engineer/Director of Public Works shall ensure that temporary structures shall be located, installed and secured in a manner that will not damage Park improvements, and will not create a public hazard or public nuisance. No automobiles or trucks will be allowed to park on Ferry Plaza, other than for the purposes of loading or unloading items pertaining to the event and subject to the approval of the Superintendent of Public Works, Director of Public Works, or Town Manager. ART EXHIBIT PLACEMENT Exhibits of art that will be on display for more than seventy-two (72) consecutive hours shall generally be limited to the western third of Shoreline Park. MUSIC AND VOICE AMPLIFICATION Chapter 25-1 of the Municipal Code requires that any amplified music and/or voice amplification in a non-residential zone be approved in writing by the Town Manager. Any voice or music amplification in Shoreline Park should be kept to a reasonable volume. ROADWAY CLOSURE No roadway closures will be permitted in this area without prior approval from the Town Manager. 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'' 1" ;?4 ,.. 1.t it .. ;,. ti i‘..k cle ol.ior Use of Shoreline Park ---Special Events DRAFT Revised 7/9/2015 4 (.11 Q 7:3 m r— rn TOWN OF TIBURON Town Council Policy & Procedure Number: 8 Effective: March= 17, 2004 (Revised / /2015) Authority: -_Town Council / Town Manager USE OF SHORELINE PARK - SPECIAL EVENTS PURPOSE AND INTENT The Town Council establishes this "Use of Shoreline Park — Special Events" policy (hereinafter "Policy") for the Town of Tiburon in accordance with the provisions of the Tiburon Municipal Code and State Law. This palieyPolicv defines special events and specifies requirements and procedures for their approval in Shoreline Park. Shoreline Park was dedicated to the Town for "public, scenic, open space and public access" purposes and is customarily used as a visual and primarily passive recreational amenity for Town residents and visitors. The ParkA majority of the Park's land area is under water: the dry land portion consists of a narrow strip of bay front property with a paved walking path terminating at Ferry Plaza (see attachedgraphic). It lies directly in the San Francisco Bay view corridor of nearby residences and adjoining Paradise Drive, and is therefore highly sensitive from a visual and view blockage standpoint,-: the dedication to the Town is subject to conditions protecting the views from the Bayside units at Point Tiburon. The Park is extremely popular with both residents and visitors for walking, viewing, picnicking: and jogging; and bicycling. The Ferry Plaza portion of the Park also provides important public access to the Main Street waterfront and its ferry services. The Town Council establishes these requirements and procedures for occasional special events atin Shoreline Park to protect the visual and recreational qualities of the parkPark and to preserve it primarily for its intendcdcustomary use. This pe yPolicv is intended to ensure that the temporary operation of each permitted special event at Shoreline Park is compatible with the adjacent neighborhood, downtown business district, residents, and visitors. POLICY The Town receives iiiiffiefeusperiodic requests to allow events, activities, and occasionallyoccasional temporary structures, on a short term basis within in Shoreline Park. The Town has an interest in occasionally allowing certain types of conditionally allowable events or activities in the Park on a short Use of Shoreline Park ---Special Events REDLINE COMPARISON 7/10/2015 1 EXHIBIT NO. 2 1 hold special functions that term basis. which may temporarily deviate from the customary use of the Park. However, the frequency and nature of these events must be limited to 1 protect the primary purposes, appearance. and on-going popular use of the Park. APPLICABILITY Before being issued a special event permit for activities within Shoreline Park, all applicants must comply with this Policy and the requirements set forth in Town Council Policy and Procedure 117, also known as the Special Events Permit Policy. The Town Special Events Permit Policy in order to facilitate activities such as set up, the staging of equipment, and the hours of operation. Shoreline Park is defined as the aren beginning at the Fcrry Plaza and adjacent strip of is a public park where barbecues and unleashed dogs are prohibited. SPECIAL EVENTS AT SHORELINE PARK For the purpose of this pelicyPolicv, "special event" means a short-term activity use or etherlimited duration art exhibition use of the Park other than its customary use. Proposed special events or activities shall be compatibleThe Town Manager shall have the discretion to determine whether an event of a limited amount of time qualifies as a "special event" that is subject to the Special Events Permit Policy referenced below. All special events on Town property are subject to the Town's Special Events Permit Policy, which enables the Town, consistent with the Park's dedicating documents, to establish the parameters for each special event and the obligations of the permit holder. To ensure reasonable compatibility with the surrounding area.- and avoid disruption of the customary use of the Park, any special event in Shoreline Park must comply with the following additional requirements: It is the Town's policy to regulate use of Shoreline Park for special events by, frequency, duration and hours of operation •- b- - - - - - follows: 1. No more than four ('l)The Town anticipates limiting the number of events to five (5) permitted special events arc allowed per calendar year. No more than one Special event shall be held in any consecutive 30 day period. 2. Special events are limited to Fridays. Saturdays, Sundays and legal Town Holidays. Legal Town Holidays are New Year's Day, Martin Luther King. Jr. Day. President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day; and Christmas Day: excepting art exhibition events that may. Use of Shoreline Park ---Special Events REDLINE COMPARISON 7/10/2015 2 with Town Council permission. have a maximum 45 -day duration including set- up and take-down. 3. The activities of the special event are restricted to the hours of 8:00 awe dttsk.a.m. to one hour after sunset Sunday through Thursday and 8:00 a.m. to 10:00 p.m. on Fridays and Saturdays. EXCEPTIONS The Town Manager may allow some latitude with respect to provisions of the Special Events Permit Policy and this Policy in order to facilitate activities such as set up. the staging of equipment and the hours of operation. The discretion allowed by this Policy shall be confined to logistical and other considerations necessary to further the following critical purposes: 1. Protect the Park and improvements therein. 2. Ensure public safety and access. 3. Avoid unauthorized or extended obstruction of views of the bay. 4. Avoid noise disruption of nearby residential neighborhoods after 8 pm on Sunday through Thursday or after 10 p.m. on Friday and Saturday. The Town Council. at a public meeting. may grant Exceptions to this Policy as it deems warranted. TEMPORARY PORTABLE STRUCTURES / FERRY PLAZA RESTRICTIONS All temporaryTemporary structures such as booths and tents will be limited to the paving stone lined Ferry Plaza area and must(excluding art exhibition pieces) may be removed at the conclusion of the event. No temporary structures will be in place no longer than seventy-two (72) consecutive hours. The Town Engineer/Director of Public Works or the Town Managcrshall ensure that temporary structures shall be located. installed and secured in a manner that will not damage Park improvements. and will not create a public hazard or public nuisance. No automobiles or trucks will be allowed to park on Ferry Plaza, other than for the purposes of loading or unloading items pertaining to the event and subject to the approval of the Deputy DirectorSuperintendent of Public Works, Director of Public Works, or Town Manager. ART EXHIBIT PLACEMENT Exhibits of art that will be on display for more than seventy-two (72) consecutive hours shall generally be limited to the western third of Shoreline Park. MUSICAND VOICE AMPLIFICATION Chapter 25-1 of the Municipal Code requires that any amplified music and/or voice amplification in a non-residential zone be approved in writing by the Town Manager. 1 Use of Shoreline Park ---Special Events REDLINE COMPARISON 7/10/2015 3 Any voice or music amplification in Shoreline Park should be limited to the Ferry Plaza arca and should be kept to a reasonable volume. LICIITINC No additional lighting equipment is permitted. ROADWAY CLOSURE No roadway closures will be permitted in this area without prior approval from the Chief of Police or the Town Manager. Roadway closures are strongly discouraged and should be avoided whenever possiblc.Town Manager. SANITATION special event. Those requirements will include portable bathroom facilities and garbage collection. The event coordinator will be responsible for all clean up at the conclusion of the event. The event coordinator will ensure that the Town owned garbage facilities are not affected by the event and Town staff may require additional cl aning such as pressure Attachment: Graphic of Shoreline Park 1 Use of Shoreline Park ---Special Events REDLINE COMPARISON 7/10/2015 4 iM .'i« '1 •. , Y,,,.,' �.v` 4 I : • y's,n f �4 ' p, �...!•. i .f ►FJ� 7a ' a. ♦ ' 4+ 1 Use of Shoreline Park ---Special Events REDLINE COMPARISON 7/10/2015 5 )1 JVd 3N113d0HS TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting July 15, 2015 Agenda Item: p , STAFF REPORT To: From: Subject: Mayor and Members of the Town Council Community Development Department Recommendation to Introduce and Pass First Reading of an Ordinance Amending Chapter 13 (Building Regulations) of the Municipal Code Establishing Streamlined Review Procedures for Small Residential Roof -top Solar Energy Systems Reviewed By: BACKGROUND In 2014, the state legislature passed Assembly Bill 2188 mandating that cities and counties adopt an expedited, streamlined review and permitting process for small residential rooftop solar systems. The bill was signed into law by the governor and requires that the regulations be adopted no later than September 30, 2015. The proposed ordinance would put into place the necessary regulations for the Town to implement the expedited review process for eligible roof- top solar system projects. Assembly Bill 2188 is only one among many efforts by the State of California to promote solar energy and other forms of renewable energy through legislation and other means. ANALYSIS The requirements of the state legislation are summarized in Exhibit 1. The primary features of the expedited permit process include, but are not limited to: > Requires an administrative, non -discretionary review process by the Building Official based on health and safety codes and criteria only. > Denials must be based on findings of specific adverse impacts on public health and safety supported by substantial evidence in the record. > The building permit shall be issued the same day for over-the-counter applications or within three (3) days for electronic applications upon submittal of a complete application. > Electronic submittal and electronic signature must be accepted on all documents. > On-line building permit application checklist must be available. > Only one inspection allowed (unless it fails the first inspection). > Inspections must be timely (within five business days). Roof -top solar system installations are already exempt from design review and other zoning permits except in extenuating circumstances, such as where a height variance may be required. TOWN OF TIBURON PAGE 1 OF 2 Town Council Meeting July 15, 2015 Requiring same-day approval will move these types of building permit applications to "the front of the line" in comparison with other types of building permits being processed, regardless of the order of receipt. The state was presumably aware of this potential repercussion when it passed the legislation. The volume of such permit applications in Tiburon varies from year to year, but has generally been increasing. In 2104, the Town received 44 solar -related applications, the vast majority of which would qualify for expedited processing under AB 2188. The ordinance before the Council is based on a "model" ordinance being widely used throughout the state to comply with the new law. Staff considers the model ordinance a good fit with Tiburon's Building Division practices and procedures. The law will require, among other things, the development of new forms and the modification of internal review, processing, and inspection procedures by the Building Division, all of which can be performed using existing staff. ENVIRONMENTAL STATUS Staff has preliminarily determined that the proposed amendments are exempt from further review under the California Environmental Quality Act (CEQA) pursuant to: 1) Guidelines Section 15268 (ministerial actions) on the basis that the ordinance is a ministerial action required to comply with state law; 2) on the basis that the project is categorically exempt pursuant to Guidelines Section 15305 (Minor Alterations in Land Use Limitations); and 3) on the basis that it is exempt under the general rule established in Section 15061(b)(3) of the CEQA Guidelines. The Town Council would finalize this determination if it adopts the ordinance as written. FINANCIAL IMPACT Town staff anticipates no direct fiscal impact from the adoption of this ordinance. The amount of building permit fees that can be charged for small residential roof -top solar systems was capped a few years ago by prior state legislation. The Town offers an incentive for roof -top solar projects that are more or less flush -mounted to roofs. RECOMMENDATION Staff recommends that the Town Council: 1. Hold a public hearing and take testimony on the proposed ordinance; and 2. Introduce the proposed ordinance as follows: a. Move to read by title only, waiving any additional reading. b. Pass the motion and read only the title of the ordinance. c. Move to pass first reading, pass the motion, and hold a roll call vote. If the reading is passed, the ordinance will return for final adoption on a future consent calendar. EXHIBITS 1. Summary of required provisions of AB 2188. 2. Draft Ordinance. Prepared by: Scott Anderson, Director of Community Development TOWN OF TIBURON PAGE 2 OF 2 AB 2188 Solar Permit Streamlining Requirements for Small Residential Rooftop Systems On or before September 30, 2015, local governments (LG) must adopt a solar ordinance creating a streamlined permitting process for small rooftop solar energy systems. Systems eligible for expedited review include: ❑ Solar electric systems of 10 kW AC or less ❑ Solar thermal systems of 30 kW or less ❑ Solar panel or module array does not exceed the maximum legal building height The expedited process shall include the following: ❑ Checklist of all requirements with which a small rooftop solar energy system must comply to be eligible for expedited review ❑ An application that meets the requirements in the checklist shall be deemed approved upon review of the completed application submittal ❑ Building permit shall be issued the same day for over-the-counter applications or within three (3) days for electronic applications upon receipt of complete application ❑ The checklist and required permitting documentation shall be published on a publically accessible website. ❑ Electronic submittals: o The LG shall allow for electronic submittal of permit application and associated documentation via Internet, email or fax o The LG shall authorize the electronic signature on all forms, applications and other documentation in lieu of a wet signature by an applicant o If the LG is unable to accept electronic signature, they must state the reasons for the inability in the ordinance ❑ Inspections o Only one inspection shall be required o A separate fire inspection may be performed if an agreement with the local fire authority does not exist to perform safety inspections on behalf of the fire authority. o The one inspection shall be scheduled and occur within a "timely manner" (note: original bill said no more than two days which was then changed to five business days but then removed all together and left as "timely") o If LG determines that it is unable to provide an inspection within five business days of a request, the LG may hold a public hearing and adopt an ordinance or resolution providing for a different time period or different means for scheduling inspections o If a small residential rooftop solar energy system fails inspection, a subsequent inspection shall also conform to above requirements. 2/3/2015 IT TTO. 1 ORDINANCE NO. DRAFT N. S. 2 3 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON 4 AMENDING CHAPTER 13 (BUILDING REGULATIONS) TO PROVIDE AN 5 EXPEDITED, STREAMLINED PERMITTING PROCESS FOR 6 SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS 7 8 9 BE IT ORDAINED BY THE TOWN COUNCIL AS FOLLOWS: 10 11 SECTION 1. FINDINGS. 12 13 A. The Town Council seeks to implement Assembly Bill No. 2188 (Chapter 521, Statutes 14 2014) through the creation of an expedited, streamlined review and permitting process for 15 small residential rooftop solar systems. 16 B. The Town Council wishes to advance the use of solar energy by its citizens and 17 businesses. 18 C. The Town Council seeks to meet the climate action plans goals that it has adopted for the 19 town. 20 D. The Town Council recognizes that rooftop solar energy provides reliable energy and 21 pricing for its residents and businesses. 22 E. The Town Council held a duly noticed public hearing on , 2015 and has 23 heard and considered all public testimony on the proposed Ordinance. 24 F. The Town Council finds that all notices and procedures required by law attendant to the 25 adoption of this Ordinance have been followed. 26 G. The Town Council finds that the actions made by this Ordinance are necessary for the 27 protection of the public health, safety. 28 H. The Town Council finds that adoption of these amendments is consistent with the goals 29 and policies of the Tiburon General Plan. 30 I. The Town Council finds that adoption of this ordinance is exempt from the requirements 31 of the California Environmental Quality Act (CEQA) pursuant to Sections 15268 32 (ministerial actions), 15305 (minor alterations to land use limitations), and 15061(b)(3) 33 (general rule) of the CEQA Guidelines. It can be seen with certainty that the proposed 34 amendments will have no significant adverse effect on the environment. 35 36 SECTION 2. AMENDMENT OF CHAPTER 13. 37 38 Title IV, Chapter 13, Article VII is hereby added to the Tiburon Municipal Code to read as 39 follows: 40 Town of Tiburon Ordinance No. N. S. DRAFT Effective --/42015 Page 1 1 41 Article VII. Expedited Permit Process for Small Residential Rooftop Solar Systems 42 13-24 Purpose and intent. 43 The purpose of this article is to provide an expedited, streamlined solar permitting process that 44 complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014, California 45 Government Code Section 65850.5) in order to achieve timely and cost-effective installations of 46 small residential rooftop solar energy systems. This article encourages the use of solar systems 47 by removing unreasonable barriers, minimizing costs to property owners and the town and 48 expanding the ability of property owners to install solar energy systems. This article allows the 49 town to achieve these goals while protecting the public health and safety. 50 13-25 Definitions. 51 As used in this article: 52 A. "Association" means a nonprofit corporation or unincorporated association created for the 53 purpose of managing a common interest development. 54 B. "Common interest development" means any of the following: 55 56 57 58 1. A community apartment project. 2. A condominium project. 3. A planned development. 4. A stock cooperative. 59 C. "Electronic submittal" means the utilization of electronic email or submittal via the Internet or 60 facsimile. 61 D. "Reasonable restrictions" on a solar energy system are those restrictions that do not 62 significantly increase the cost of the system or significantly decrease its efficiency or specified 63 performance, or that allow for an alternative system of comparable cost, efficiency, and energy 64 conservation benefits. 65 E. "Restrictions that do not significantly increase the cost of the system or decrease its efficiency 66 or specified performance" means: 67 1. For water heater systems or solar swimming pool heating systems: an amount 68 exceeding ten percent of the cost of the system, but in no case more than one Town of Tiburon Ordinance No. N. S. DRAFT Effective --/--/201 5 Page 12 69 thousand dollars, or decreasing the efficiency of the solar energy system by an 70 amount exceeding ten percent, as originally specified and proposed. 71 2. For photovoltaic systems: an amount not to exceed one thousand dollars over the 72 system cost as originally specified and proposed, or a decrease in system efficiency 73 of an amount exceeding ten percent as originally specified and proposed. 74 F. "Small residential rooftop solar energy system" means all of the following: 75 1. A solar energy system that is no larger than ten kilowatts alternating current 76 nameplate rating or thirty kilowatts thermal. 77 2. A solar energy system that conforms to all applicable state fire, structural, 78 electrical, and other building codes as adopted or amended by the town, and all 79 applicable health and safety standards. 80 3. A solar energy system that is installed on a single- or two-family dwelling. 81 4. A solar panel or module array that does not exceed the maximum legal building 82 height as defined by the town. 83 G. "Solar energy system" means either of the following: 84 1. Any solar collector or other solar energy device whose primary purpose is to 85 provide for the collection, storage, and distribution of solar energy for space 86 heating, space cooling, electric generation, or water heating. 87 2. Any structural design feature of a building, whose primary purpose is to provide 88 for the collection, storage, and distribution of solar energy for electricity generation, 89 space heating or cooling, or for water heating. 90 H. "Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, 91 based on objective, identified, and written public health or safety standards, policies, or 92 conditions as they existed on the date the application was deemed complete. 93 13-26 Applicability. Town of Tiburon Ordinance No. _ N. S. DRAFT Effective --/--/2015 Page 1 3 94 A. This article applies to the permitting of all small residential rooftop solar energy systems in 95 the town. 96 B. Small residential rooftop solar energy systems legally established or permitted prior to [insert 97 the effective date of this ordinance] are not subject to the requirements of this article unless 98 physical modifications or alterations are undertaken that materially change the size, type, or 99 components of a small rooftop energy system in such a way as to require new permitting. 100 Routine operation and maintenance or like -kind replacements shall not require a permit. 101 13-27 Solar energy system requirements. 102 A. All solar energy systems shall meet applicable health and safety standards and requirements 103 imposed by the state, the local fire district, and the town. 104 B. Solar energy systems for heating water in single-family residences and for heating water in 105 commercial or swimming pool applications shall be certified by an accredited listing agency as 106 defined by the California Plumbing and Mechanical Code. 107 C. Solar energy systems for producing electricity shall meet all applicable safety and 108 performance standards established by the California Electrical Code, the Institute of Electrical 109 and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories 110 and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. 111 13-28 Applications and documents. 112 A. All documents required for the submission of an expedited solar energy system application 113 shall be made available on the town website. 114 B. Electronic submittal of the required permit application and documents by email, facsimile, or 115 the Internet shall be made available to all small residential rooftop solar energy system permit 116 applicants. An applicant's electronic signature shall be accepted on all forms, applications, and 117 other documents in lieu of a wet signature. 118 C. The town's building division shall adopt a standard plan and checklist of all requirements with 119 which small residential rooftop solar energy systems shall comply to be eligible for expedited 120 review. Town of Tiburon Ordinance No. N. S. DRAFT Effective --/--/2015 Page 14 121 D. The small residential rooftop solar system permit process, standard plan(s), and checklist(s) 122 shall substantially conform to recommendations for expedited permitting, including the checklist 123 and standard plans contained in the most current version of the California Solar Permitting 124 Guidebook adopted by the Governor's Office of Planning and Research. 125 E. All fees prescribed for the permitting of small residential rooftop solar energy systems must 126 comply with Government Code Sections 65850.55, 66015, and 66016, and with Health and 127 Safety Code Section 17951. 128 13-29 Permit review and inspection requirements. 129 A. The building official shall implement an administrative, nondiscretionary review process to 130 expedite approval of small residential rooftop solar energy systems. The building division shall 131 issue a building permit, the issuance of which is nondiscretionary, on the same day for over -the - 132 counter applications or within one to three business days for electronic applications upon receipt 133 of a complete application that meets the requirements of the approved checklist and standard 134 plan. 135 B. The building official may require an applicant to apply for an administrative small rooftop 136 solar energy system use permit if the official finds and determines, based on substantial 137 evidence, that the solar energy system could have a specific, adverse impact upon the public 138 health and safety. Such determinations may be appealed to the planning commission, whose 139 decision shall be final. 140 C. Review of the application shall be limited to the building official's review of whether the 141 application meets local, state, and federal health and safety requirements. 142 D. If an administrative use permit is required, the town may deny such application if it makes 143 written findings based upon substantive evidence in the record that the proposed installation 144 would have a specific, adverse impact upon public health or safety and there is no feasible 145 method to satisfactorily mitigate or avoid, as defined, the adverse impact. Such findings shall 146 include the basis for the rejection of the potential feasible alternative for preventing the adverse 147 impact. Such decisions may be appealed to the planning commission, whose decision shall be 148 final. Town of Tiburon Ordinance No. N. S. DRAFT Effective --/--/2015 Page 1 5 149 E. Any condition imposed on an application shall be designed to mitigate the specific, adverse 150 impact upon health and safety at the lowest possible cost. 151 F. "A feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes, 152 but is not limited to, any cost-effective method, condition, or mitigation imposed by the town on 153 another similarly situated application in a prior successful application for a permit. The town 154 shall use its best efforts to ensure that the selected method, condition, or mitigation meets the 155 conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the 156 Civil Code defining restrictions that do not significantly increase the cost of the system or 157 decrease its efficiency or specified performance. 158 G. Town approval of an application for small residential rooftop solar energy system shall not 159 be conditional on approval by an association or common interest development governing body or 160 architectural review committee. 161 H. If an application is deemed incomplete, a written correction notice detailing all deficiencies in 162 the application and any additional information or documentation required to be eligible for 163 expedited permit issuance shall be sent to the applicant for resubmission. 164 I. Only one inspection shall be required and performed by the building division for small 165 residential rooftop solar energy systems eligible for expedited review. The local fire district may 166 require a separate inspection. 167 J. The inspection shall be done in a timely manner and should include consolidated inspections. 168 K. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is 169 authorized but need not conform to the requirements of this article. 170 SECTION 3. SEVERABILITY. 171 172 If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason 173 held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such 174 decision shall not affect the validity of the remaining portions of the Ordinance. The Town 175 Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any 176 section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or 177 more sections, subsections, sentences, clauses, or phrases may be declared invalid or 178 unconstitutional. Town of Tiburon Ordinance No. N. S. DRAFT Effective --/--/2015 Pagel 6 179 SECTION 4. EFFECTIVE DATE. 180 181 This Ordinance shall take effect and be in force thirty (30) days after the date of adoption, 182 and before the expiration of fifteen (15) days after its adoption a copy of the ordinance shall be 183 published, with the names of the members voting for and against it, at least once in a newspaper 184 of general circulation in the Town of Tiburon. 185 This ordinance was read and introduced at a regular meeting of the Town Council of the 186 Town of Tiburon, held on , 2015, and was adopted at a regular meeting of the 187 Town Council of the Town of Tiburon, held on , 2015, by the following 188 vote: 189 AYES: COUNCILMEMBERS: 190 191 NAYS: COUNCILMEMBERS: 192 193 ABSENT: COUNCILMEMBERS: 194 195 196 197 198 199 200 ATTEST: 201 202 203 204 205 DIANE CRANE IACOPI, TOWN CLERK 206 FRANK X. DOYLE, MAYOR TOWN OF TIBURON Town of Tiburon Ordinance No. _ N. S. DRAFT Effective --/--/2015 Page 17 TOWN COUNCIL WEEKLY DIGEST Week of July 6-10, 2015 TIBURON Correspondence, Notices and other Information 1. Memorandum - Scott Anderson - Vacation Rentals Zoning Amendments 2. Letters - July 5/7/8/9 Vacation Rentals Zoning Agenda, Minutes 1. Minutes - May 13 - Tiburon Planning Commission 2. Agenda - July 8 - Tiburon Planning Commission 3. Minutes - Action - July 8 - Tiburon Planning Commission 4. Agenda - July 16 - Tiburon Design Review Board REGIONAL, NOTICES AND AGENDAS Correspondence, Notices and other Information 1. Report - Bar Area Air Quality Management -2014 Annual Report Agenda, Minutes 1. Agenda - July 1- MCSTOPP Agency Staff Committee 2. Agenda - July 8 - Tiburon Fire District 3. Agenda - July 13 - Belvedere City Council 4. Public Hearing - July 21- County of Marin/Community Development Agency - Marin County Board of Supervisors - Affordable Housing