HomeMy WebLinkAboutTC Agd Pkt 2015-10-21TOWN OF TIBURON
Tiburon Town Hall
1505 Tiburon Boulevard
• Tiburon, CA 94920
AGENDA
Tiburon Town Council
October 21, 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.
PRESENTATION
• 19TH Annual Heritage Presentation Award - Dave Gotz, Recipient
CONSENT CALENDAR
All items on the Consent Calendar may be approved by one motion of the Town Council unless a
request is made by a member of the Town Council, public or staff to remove an item for separate
discussion and consideration. If you wish to speak on a Consent Calendar item, please seek
recognition by the Mayor and do so at this time.
1. Town Council Minutes - Adopt minutes of September 2, 2015 Regular meeting (Town
Clerk Crane Iacopi)
2. Town Council Minutes - Adopt minutes of September 16, 2015 Regular meeting (Town
Clerk Crane Iacopi)
3. Citizen of the Year — Adopt resolution commending Joan Palmero upon her selection as the
2015 Tiburon Peninsula Chamber of Commerce Volunteer Citizen of the Year (Town Clerk
Crane Iacopi)
4. 1694-1696 Tiburon Boulevard — Adopt resolution denying appeal of conditional use permit
approval for construction of a new three-story mixed-use commercial and residential
Building intended for condominium -type ownership (Community Development
Department)
5. Town Investment Summary — Accept report for month ending August 31, 2015 (Director of
Administrative Services Bigall)
6. Town Investment Summary — Accept report for month ending September 30, 2015
(Director of Administrative Services Bigall)
7. Dairy Knoll Solar Panels — Consider adoption of Amendment to Lease for Dairy Knoll
building to authorize The Ranch to enter into a contract to install solar panels on site (Town
Manager Curran)
ACTION ITEMS
1. Marin Community Homeless Fund — Consider release of budgeted funds for contribution
to Marin Community Homeless Fund (Town Manager Curran)
2. Regional Land Use Planning — Consider approval of letter opposing Metropolitan
Transportation Commission (MTC) proposal to transfer Association of Bay Area
Governments (ABAG) Land Use Planning staff and associated funding to MTC
(Councilmembers Fraser and Fredericks)
PUBLIC HEARINGS
1. 1 Benton Court —Appeal of Design Review Board approval of a request for site plan and
architectural review to construct a swimming pool and fencing for an existing single-family
dwelling (Community Development Department)
Owner/Applicant: Morgan Properties, Inc.
Appellants: Avery and Loretta Lieberman, Michael Roy and Gloria Horns
Assessor Parcel No. 039-011-12
2. Seasonal Rental Units — Amendments to Chapter 16 (Zoning) of the Tiburon Municipal
Code to prohibit seasonal rental units (Community Development Department) — continued
without discussion to November 4, 2015
TOWN COUNCIL REPORTS
TOWN MANAGER REPORT
Review of proposed agenda for Heritage and Arts Commission Workshop with Town Council
on Oct 27, 2015
WEEKLY DIGESTS
• Town Council Weekly Digests — September 18 & 25, 2015
• Town Council Weekly Digests — October 2, 9 & 16, 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.
he Tiburon Town Council and Tiburon Heritage & Arts Commissi
vice you to the 19th Annual Heritage Preservation Award 2015
onoring Dave Gotz
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1 t lie time Dave has served our Town, he has uncovered a treasure of historical in fo.rrnat io! i,
preserved documents, photos and artifacts, created art displays, original historical. film:;,
in general provided us with a window straight into our remarkable history.
Please join us in Honoring Dave's Outstanding Achievements
Wednesday, October 21, 201
b:oopm—Informal Reception and Refreshments
-�, The Community Room
7:3opm—Formal Presentation
The Council Chambers
RSVP to 435143517373 Or ppickett@a townoftiburon,org
T.I E U R O N
HERITAGE
&i A R T S
G0)4 4[SSI0N
Nominee:
Address:
2015
Tiburon Heritage & Arts Commission
19th Annual Award for Historic Preservation
NOMINATION COVER FORM
Jan d vn. 012
Contact Person:
Phone: (work) 1-1/5 4/3SKms? L/9(J (home) 416- I35 1717
Award Categories (please check one):
❑ Commercial Restoration/Rehabilitation
❑ Public Preservation
❑ Educational Project
'Service -Individual
❑ Service - Group
0 Residential Restor./Rehab.
Attach Supporting Documentation (see "Rules"; check below):
Single -paragraph synopsis of the achievement
Concise description of achievement (not to exceed two double-spaced pages)
❑ Resume or vita if the nominee is an individual
❑ List of all participants involved if group nominee
❑ Photographs (before and after if possible. Maximum - 3 Photos)
Nditination -submittedby:
Organization:
Address: -75 CO FtP
Phone: (work) •
Mail to:
Fr a Tc3, rEEn brtE, R'/?L
(home) J-jj — W7 6 V
Tiburon Peninsula Heritage & Arts Commission
c/o 1505 Tiburon Boulevard, Tiburon, CA 94920
Attn: Chair Elizabeth Merrill 415.435.3658
NOMINATIONS FOR THE 2015 AWARD
MUST BE RETURNED BY AUGUST 15, Z015
David M. Gotz at Landmarks Society History
Collection Offices. Photo by: Frankie Frost,
Marin 11, August 9, 2015
NOMINATION
2015 HERITAGE PRESERVATION AWARD
Synopsis
I am nominating Mr. David M. Gotz for the 19th Annual Heritage Preservation Award sponsored
by the Tiburon Heritage & Arts Commission.
In the time he has served our Town, he has uncovered a treasury of historical information,
preserved documents, photos and artifacts, created art displays, created original, historical
films and in general provided us with a window straight onto our remarkable history.
Dave follows in the steps of our conservationist legends — Beverly Bastian, Louise Teather and
Piper Berger building on their work and breaking ground every day with new discoveries.
believe his success can be attributed, in large part, to his enthusiasm and to his innate curiosity
about Tiburon's historic past. To quote him in a recent Marin I! article:
"Every week there is something new that fascinates me about the place."
If ever there was a person to laud for contributions to our heritage and our arts, it would be this
man.
Description of Achievements
Heritage & Arts Commission
2001- 2014
I agree with Dave's statement in the Sunday, August 9, 2015 IJ article where he states that
probably his greatest contribution to the H&A was to bridge the gap between the Heritage &
Arts Commission and the Belvedere -Tiburon Landmarks Society which had existed for years.
But he also provided 13 years of an infinite amount of other contributions to H&A, in support of
its mission statement:
• Chairing the Commission
• Acting as Treasurer of the Commission and keeping track of Commission income
from art sales
+ Providing manual labor at every artist reception for 13 years (a total of 78
receptions)
❖ Providing technical support to the artists for their publicity postcards and
banners
+ Serving on and seeing through to completion the Sam Chapman Memorial
Dedication project
• Serving on and seeing through to completion the Mery Field Celebration in 2014,
constructing "the pole" and gathering other information to make the event the
great and timely tribute that it was.
Special Contributions
Video One - it was at the time of the construction of the Downtown Plaza
Fountain that Dave saw the perfect opportunity to create a special video of a
piece of Tiburon history. That video, which is in the editing process, includes
fascinating insights into the project by the fountain artists Jennifer Madden
and Jeff Reed. Dave was able to capture history in the making—from the
ground up, so to speak. We look forward to the viewing of the film.
❖ Video Two - titled "Turning The Tide". It has become the definitive go -to
video on an incredibly important part of Tiburon history, that is to say the
rescue of Lyford House from the wrecker's ball and the grass-roots campaign
to stop the development of Reed's Port — 2000 homes which were to be built
upon landfill in Richardson Bay stretching from Strawberry almost to
Belvedere Island. Dave obtained interviews with all the principal parties and
managed to collect their stories and anecdotes firsthand. That would now be
impossible. The video has become one of the foundations of the Tiburon
History platform which can be found at the Library, the Railroad/Ferry
Museum, the Landmarks Society Offices and other locations around town.
❖ Oral Histories - While still with Heritage & Arts, Dave became aware that
several of the Town's founding fathers had never completed an oral history
of their experiences and contributions to the Town. He took it upon himself
to collect these histories. They include first city Manager Larry Rose whom
Dave flew to Seattle, WA to interview and former Mayor Branwell Fanning,
previous Town Historian and author of 5 books on the Tiburon Peninsula in
the series "Images of America". He recognized the value of Mayor Fanning's
contributions and the fact that he did not just report the history, but actually
lived through it. Dave captured those thoughts for posterity.
When Dave left the Heritage & Arts Commission, the Town awarded him a plaque for service.
On it, the Town credited him as being Chair, Treasurer, Webmaster and Impresario.
Belvedere -Tiburon Landmarks Society Archivist
2009 to Present
Dave had been President of Landmarks and on the Landmarks Board for about 5 years when
the position of Archivist opened in 2009. He was chosen for that position by the Board of
Directors. He is now the guardian of every shard of glass, railroad spike, painting, model of
Blackie or Old St. Hilary, every milk can, train lantern, old bottle, and every shred of faded
document that anyone has ever found in their basement. Dave continues the traditions of
preservation and paper conservation, adding more oral histories and, by piecing together
thousands of bits of history, is able to "connect the dots" to create a complete and ever-
expanding picture of Tiburon history for us.
He has authored and/or co-authored many of the Landmark's publications, which each, unto
itself, represents months of historical research. Some of those are:
+ The Landmark Newsletter
❖ Walk Your History Brochures
+ Town's 50th Anniversary Booklet of photos and history
Special Contributions
❖ His photography is found in every Landmarks Society publication illustrating a particular
story or reporting on one of its events.
❖ He produces several concerts a year, open to the public, presenting a variety of artists
and artistic styles. The concerts are held at Old St. Hilary Church in an historic setting
with talented artists. Funds support Landmarks Society projects.
❖ Video Three: As part of Landmarks Society's contribution to the recent celebration of
the 50th Anniversary of the Incorporation of Tiburon, Dave created an incredible 9
minute video with music appropriately tied to the period showing Tiburon "then and
now". (vimeo.com>FinFilms>Video)
Town Historian
July 2015 —July 2019
Dave is just beginning his work as Town Historian. But it can be expected that he will approach
the duties with the same verve and imagination as he has shown on every other project with
which he has been associated. He did recently state that he would like to complete the history
of Reed Union School District. That would seem to be the perfect project for the Town
Historian - to collect and research information on behalf of the Town, and then, as Archivist,
make sure it is properly recorded and preserved.
Conclusion
The history of the Tiburon Peninsula has been preserved through the years thanks to the
stewardship of creative, energetic and insightful groups and individuals. Among those who
have made tremendous contributions to the preservation of our historical background is one
man who serves the Town, uniquely, in three distinct capacities:
Commissioner and Chair of the Tiburon Heritage & Arts Commission for more than 13
years (2001-2014)
Archivist for the Belvedere -Tiburon Landmarks Society for six years (2009 to present)
Tiburon Historian, appointed by the Town Council (July, 2015- July, 2019).
It would be difficult to find three jobs that dovetail more beautifully into a perfect historic
resource for our Peninsula and it would be difficult to find a person to make all those
repositories work together. But that person does exist and it is Mr. David P. Gotz.
Tiburon Heritage & Arts Commission
19th Annual Award for Historic Preservation
Award Procedure and Presentation Information
Background
This annual Heritage F eservation A war d is presented by the Tiburon Heritage & Arts Commission.
The Commission is comprised of nine members appointed by the Tiburon Town Council to serve
the Town in matters relating to art and the preservation of Tiburon Peninsula history. They are
guided by the following mission statement:
"To preserve the Town's unique historic character
and to advance the arts in the community."
Procedure
In keeping with its directive, the Commission conducts a yearly search for an honoree(s) in the
field of historic preservation. This Call for Nominations is distributed annually to over 50 local
community groups and individuals. The nominee(s) niay be either an individual or a group. When
the nominations are received, they are placed in the running along with entries from prior years.
Any person or group not selected will remain in the nomination file for five years unless the
candidate specifically requests that his/her/their naive be withdrawn.
The recipient(s) is chosen and notified of the award. He/she/they are asked to put together a list of
people that he/she/they would like to invite to the award ceremony. The Heritage & Arts
Commission then mails out those invitations together with a group of invitations generated by the
Town. An early -evening reception, hosted by Heritage & Arts, is held in the Town Hall Community
Room from 5:30 p.m. to 7:15 p.m. At 7:30 p.m., the guests are invited to the Town Council
Chambers where the formal presentation of an award and banner are made by the Chair of the
Commission as the first iteral of business on the Town Council Agenda. At that time, the honoree(s)
is asked to say a few words about his/her/their work. A photo and article are prepared for
publication in The Ark
This year's award ceremony is scheduled for October 21, 2015
h:1h&a\policies\backgrnd.hpa
TIBURON
HERITAGE
A R T S
COMMISSION
2015
Tiburon Heritage & Arts Commission
19th Annual Award for Historic Preservation
CALL FOR NOMINATIONS
The Heritage and Arts Commission of the Town of Tiburon wishes to recognize excellence in
safeguarding yesterday's treasures for Tiburon Peninsula residents of today and tomorrow. We invite
you to submit your nominations for the 19t presentation of the Town's Award for Historic Preservation.
The award is made in recognition of outstanding achievement in preserving the Tiburon Peninsula's
prehistoric and historic properties. The purpose of the award is to promote public awareness in historic
preservation; to laud significant contributions and exceptional commitment in historic stewardship and
to recognize projects of excellent quality.
Nominees can be an individual or a group in the categories below.
The categories can include but are not limited to the following,
1. Service in the field of preservation_
2. Residential Restoration which has unproved the condition of a residence, site, or structure in a
manner consistent with the historic character of the property.
3. Commercial Restoration which has improved the condition of a privately owned commercial
building, site, structure, district, or object in a manner consistent with the historic character of
the property.
4. Public Preservation which has improved the condition of a publicly owned building, site,
structure, district, or object in a manner consistent with the prehistoric or historic character of
the property.
5. Education which has increased the awareness of prehistoric, historic and/or cultural resources
or fostered a preservation ethic.
Rules
1. Nominations must be received by the deadline. (August 15, 2015)
2. Nominations submitted within the previous five years may be resubmitted if they did not receive
an award.
3. Each nomination must include: (1) a completed cover form; (2) a synopsis and a concise
description of the achievement; (3) a resume if nominee is an individual; (4) a list of all parties
involved in the project if a group nominee; and (5) photographs (before and after if possible) of
the project or a sample of the nominated work.
Award Ceremony on Wednesday, October 21, 2015
Tiburon Heritage & Arts Commission Annual Award for Historic Preservation
Previous Recipients
2014
PHIL CASSOU
for his instrumental role in the creation of the Railroad and Ferry Museum and for more than 15 years of tireless and
enthusiastic service to the Belvedere -Tiburon Landmarks society,
most recently as Curator of the Museum and Coordinator of the Volunteer Docents
2013
JACK FIORITO
For his years of outstanding service to the Landmarks Society as head docent of
the China Cabin and as a conummity heritage educator.
2012
SHIRLEY MITCHELL
For her outstanding contributions to the historic record of Belvedere and
Tiburon through oral histories gathered in the book "Both Sides of the Track".
2011
DIANE SMITH
For over 30 years documenting and preserving in photographs
the unfolding history of the Tiburon Peninsula.
2010
ROGER FELTON
For his dedication to the preservation of landmarks buildings in Tiburon & Belvedere.
and his many other contributions to both communities.
2009
HILLARY DON, ALD.
For his active leadership in open space conservation, and for
historic preservation through his books and publications on Tiburon Peninsula history.
2008
CHRISTOPHER MORRISON
for over 40 years of collecting and sharing local history through the
collection of artifacts, legends and stories from the Tiburon Peninsula
2007
BRANWELL FANNING
for his many contributions to Tiburon — from Mayor to Town Historian -
and his substantial efforts to spread his knowledge of local history and lore.
2006
No award was presented.
2005
JID1 MITCHELL
for his many years of service on the Tiburon Peninsula Foundation through which
he created the Historical Trail and helped found Blackie's Brigade; and also for his work
with the Joint Parks & Recreation Commission through which he helped to found McKegney Green.
2004
VICTORIA M. ARNETT
for her dedication and perseverance in achieving placement of the Donahue Building
on the National Register of Historic Places
2003
BEVERLY W. BASTIAN
for over 50 years of dedicated cornrnihnent to education and the preservation
of Tiburon Peninsula heritage and landmarks.
2002
BELVEDERE-TIBURON LANDMARKS SOCIETY ARCHIVES
for the collection, cataloging and conservation of historic documents, photographs
and artifacts from the Tiburon Peninsula.
2001
BETTY McKEGNEY
for her ongoing dedication to the Town of Tiburon through her archival work for the district schools,
as a photographer of town. schools, library and church events and as a Landmarks Society docent.
2000
LARRY SMITH
for his ongoing and successful endeavors to rescue Blackie's Pasture from the muddy lot
which it had become and to return it and Blackie" to their former and beloved pasture state
1999
THE BELVEDERE-TIBURON LANDMARKS SOCIETY
for their comprehensive work in the preservation and enhancement of four local Iandmarks - OId St. Hilary's Church,
The China Cabin, the Railroad -Ferry Depot, and the Brick Kiln Site and Cottage
1998
THE ANGEL ISLAND ASSOCIATION
for its work in preserving the Civil War Era Buildings and for their educational efforts
1997
DR. DAVID STEINHARDT
for the rescue and restoration of Lyford House
and for leading the effort to purchase the adjacent tidelands to prevent filling and development
1996
MR. EDWARD ZELINSKY
for the extensive preservation of historic downtown buildings
and the preservation of the historic character of our Town
TIBURON
HERITAGE
A R TS
COMMISSION
Nominee:
Address:
2015
Tiburon Heritage & Arts Commission
19th Annual Award for Historic Preservation
NOMINATION COVER FORM
Contact Person:
Phone: (work)
Award Categories (please check one):
❑ Service -Individual
❑ Service - Group
❑ Residential Restor./Rehab.
(home)
❑ Commercial Restoration/Rehabilitation
❑ Public Preservation
❑ Educational Project
Attach Supporting Documentation (see "Rules"; check below):
❑ Single -paragraph synopsis of the achievement
❑ Concise description of achievement (not to exceed two double-spaced pages)
❑ Resume or vita if the nominee is an individual
❑ List of all participants involved if group nominee
❑ Photographs (before and after if possible. Maximum - 3 Photos)
Nomination submitted by:
Organization:
Address:
Phone: (work) (hone)
Mail to:
Tiburon Peninsula Heritage & Arts Commission
c/o 1505 Tiburon Boulevard, Tiburon, CA 94920
Attn: Chair Elizabeth Merrill 415.435.3658
NOMINATIONS FOR THE 2015 AWARD
MUST BE RETURNED BY AUGUST 15, 2015
CALL TO ORDER
Mayor Doyle
on Wednesda
Tiburon, Cali
ed the regular m- -ti
, September 2, 2015, in
a.
Cr- /
TOWN COUNCIL
MINUTES
of the Tiburon Town Council to order at 7:30 p.m.
own Council Chambers, 1505 Tiburon Boulevard,
ROLL CALL
PRESENT: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell, Tollini
PRESENT: EX OFFICIO:
ORAL COMMUNICATIONS
Town Manager Curran, Town Attorney Stock,
Director of Administrative Services Bigall, Director
of Public Works/Town Engineer Barnes, Director of
Community Development Anderson, Chief of
Police Cronin, Town Clerk Crane Iacopi
Carolyn Shadan, Cecilia Way, complained of new parking restrictions in her neighborhood and
the fact that four busses were parked in front of her house commensurate with the beginning of
school. She said that the neighbors had not been informed of the parking changes and were
surprised. She asked what kind of studies had been done regarding parking and traffic and why
school busses were parked on the street rather than on [Bel Aire] school property. She said that it
was not fair to shift the burden of parking and school traffic onto the neighbors.
Russ Shelton, Karen Way, added that while the neighborhood supported the school district, he
felt they should partner with the neighbors on how best to conduct themselves. He said that there
were other issues, such as trash in the neighborhood, in addition to the parking problems. He
said that the school boundaries did not end at their gate.
Vincent Valverde, Karen Way, another strong supporter of public schools, complained about the
sudden increase of traffic in the neighborhood, as well as unruly behavior and trespassing, all of
which he said was overwhelming to the neighborhood. He said there were three entrances to the
[Bel Aire] school; that two others went directly to Corte San Fernando and Corte Palos Verdes.
He asked why these entrances were not used as they could provide safe, direct access to the
school and could help avert traffic on Karen Way.
On another issue, William Rothman said he had received an email from a woman who suggested
postponing the hearing on seasonal rentals because tonight was "back to school" night and many
inte - - • citizens would be there attending that instead of the Council meeting.
RAFT .i
!mil Minutes #xx -2015 September 2, 2015 Page 1
Chuck [could not hear last name], 30+ year resident, Karen Way, said that tonight, all of Karen
Way, Cecilia and Blackfield Drive were "parked up". He said that the [Yellow School Bus]
project to address traffic on Tiburon Boulevard was a good one, but his neighborhood was at the
epicenter of the project and feeling the effects of it. He said that there was now a bus stop in
front of his house, and that barricades had been erected, with no notice, prohibiting parking from
7 a.m. until 4 p.m. He asked who had managed this. He noted that Town staff had offered to do
further study of parking and traffic in the neighborhood. He said there was no neighborhood
representation in the planning end of the [school bus] project and what was needed was
communication and collaboration with the neighborhood.
Andrew Thompson, Southridge East, former Mayor, said that the impending "El Nino" winter
had prompted him to recall a similar winter when 25 boats broke loose in Richardson Bay and
landed on Tiburon peninsula shores. He suggested that the Town's representative to the
Richardson Bay Regional Agency bring this to the attention of the Board, in preparation for a
similar winter storm season. He also said that the Town used to run ads and a property owner
checklist for protection of property during the winter months; he suggested that it utilize these
types of communication again.
INTRODUCTION OF NEW TOWN EMPLOYEES
• Building Inspector — Doug Haight
• Building Permit Clerk — Mike Vanderbilt
Director of Community Development Anderson ceded the floor to Building Official Salzman
who did the introduction of the new employees in the Building Division. Salzman welcomed
Building Inspector Doug Haight, a contractor and master builder, as well as Building Permit
Clerk Mike Vanderbilt, whose family was in the construction business, to the Town. He said that
the Building Division now had a full complement of staff, all of whom looked forward to serving
the Town.
CONSENT CALENDAR
Mayor Doyle asked if anyone wanted to remove an item from the Consent Calendar. A member
of the public, David Mittelman, asked to remove Item No. 2. Councilmember O'Donnell asked
to remove Item No. 4.
MOTION: To approve Item Nos. 1 and 3, as written.
Moved: O'Donnell, seconded by Fraser
Vote: AYES: Unanimous
1. Town Council Minutes — Adopt minutes of August 19, 2015 regular meeting (Town Clerk
Crane Iacopi)
DRAFT
Town Council Minutes krx -2015 September 2, 2015 Page 2
2. Zoning Text Amendments — Adopt ordinance amending Chapter 16 (Zoning) of the Tiburon
Municipal Code that would modify provisions regarding interpretation of Zone Boundaries
vis a vis Public Streets and Highways; clarify the separation of fences for purposes of height
measurement and modify certain provisions with respect to processing of permits for
Wireless Communications Facilities: Town -initiated amendments (Community Development
Department)
David Mittelman, Rowley Circle, said the proposed zoning text amendment pertaining to fences
was overbroad. He said that he and his neighbors had just settled a dispute over a fence and he
did not want anyone else to go through this. He asked whether the amendment pertained to both
fences and walls, and how height and space between them was interpreted. He proposed various
changes to clarify this problem, and he said that some of these questions were not discussed at
the Planning Commission hearing. He asked that the language be sent back to the commission
with recommendations contained in his [written and oral] statement to clarify this section.
Director Anderson replied to Council's questions by stating that the section being amended
pertained only to fence height; he said there were other sections in the Zoning Ordinance that
more closely pertained to Mr. Mittelman's comments. The Director said that the adoption of this
amendment would not affect the proposed clarifications provided by Mr. Mittelman.
Vice Mayor Tollini asked whether the Planning Commission would have to review further
amendments, including those provided by Mr. Mittelman, if the Council wished to incorporate
them into the Zoning Ordinance. Anderson said that it would.
Councilmember Fredericks said it appeared that the Council could approve the proposed zoning
text amendments in the packet without doing damage to the thoughtful statements of the speaker.
MOTION: To approve Item No. 2, as written.
Moved: Fredericks, seconded by Tollini
Vote: AYES: Unanimous
3. PACE Program — Adopt resolutions allowing property owners in Tiburon to participate in
the California HERO, Ygrene, Figtree, and CSCDA's Open Market Property Assessed Clean
Energy (PACE) financing programs to increase the funding opportunities to residents and
businesses in the Town (Community Development Department)
Adopted in first motion.
4. Blackie's Picnic Meadow — Award of contract for improvements (picnic tables, pathways,
landscaping) in the vicinity of Blackie's Pasture ("Blackie's Picnic Meadow") (Director of
Public Works/ Town Engineer Barnes)
Councilmember O'Donnell questioned the need for a $31,000 construction management contract
for a relatively small project, and asked how the contract was vetted.
DRAFT
Town Council Minutes #ax -2015 September 2, 2015 Page 3
TOWN COUNCIL
MINUTES
CALL TO ORDER
CCL
Mayor Doyle calle• ar @•'ng of the Tiburon Town Council to order at 7:35 p.m.
on Wednesday eptember 16, 201 , in Town Council Chambers, 1505 Tiburon Boulevard,
Tiburon, Calif. ia.
ROLL CALL
PRESENT: COUNCILMEMBERS: Doyle, Fraser, O'Donnell, Tollini
ABSENT: COUNCILMEMBER: Fredericks
PRESENT: EX OFFICIO:
CLOSED SESSION
Town Manager Curran, Town Attorney Stock,
Director of Community Development Anderson,
Police Chief Cronin, Minute Clerk Hennessy
Conference with Legal Counsel - Existing Litigation; Government Code 54956.9(d)(1):
Name of Case: Jordan v. Town of Tiburon et al, Marin County Superior Court Case
No: CIV 1404196
Conference with Legal Counsel - Existing Litigation; Government Code 54956.9(d)(1):
Name of Case: Lanny E. Cushing v. Town of Tiburon, Marin County Superior Court Case No:
CIV 1503246
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY
The Mayor stated there was no action taken in Closed Session.
ORAL COMMUNICATIONS
There were no public comments.
INTRODUCTION OF NEW REED UNION SCHOOL DISTRICT SUPERINTENDENT
President of the RUSD Board of Trustees Dana Linker Steele reflected on the
wonderful collaboration and partnership between the Board and the Town of Tiburon;
r. Herzog the former Superintendent, and the national search the District
.wn ounci mutes #xx -2015
September 16, 2015 Page 1
conducted to find a new Superintendent. She stated that after an enormous response to the
national search, the District proudly welcomed Dr. Nancy Lynch.
Dr. Lynch expressed her appreciation for the honor and privilege to be selected and looked
forward to working with the Town and community. The Council welcomed her to the Town.
Councilmember Fraser commended Dr. Lynch on her invaluable assistance with the Yellow
School Bus Challenge effort.
CONSENT CALENDAR
There were no items.
ACTION ITEMS
1. Schedule of Fines - Consider adoption of resolution updating the Schedule of Fines for
Violations of the Municipal Code enforced by Administrative Citation (Director of
Community Development)
Director Anderson reviewed the staff report, which stated The Town's Schedule of Fines is
adopted pursuant to Chapter 31 (Enforcement of Code) of the Municipal Code, and sets forth the
amount of the "fine" applied and in those instances where the Town issues an Administrative
Citation for a violation of the Municipal Code.
The Town periodically needs to adjust its adopted Schedule of Fines in order to reflect changes
in code sections in the municipal code, changes in the Superior Court Bail Schedule, or for other
valid reasons. It is possible that the Schedule of Fines will need further updating pending the
outcome of the vacation rental issue presently being studied.
Anderson stated that the current Schedule of Fines was last updated in October 2011.
He emphasized that the Town's goal is to achieve compliance and very seldom are fines imposed
or collected, but in those instances where warnings do not achieve compliance, the Fine Schedule
provides needed "teeth". He recommended that the Town Council adopt the Resolution
approving the updated Schedule of Fines.
In response to a question by Councilman O'Donnell, Director Anderson stated each of the cities
and towns are a little different in their fee schedules; most communities are tied to the bail
schedule and other fines are set by ordinance.
Mayor Doyle opened the discussion to the public. There being no comments, the discussion
returned to the Council.
Town Council Minutes #xx -2015 September 16, 2015 Page 2
Councilmember Fraser questioned the increase in the Residential Building Report (RBR) fines
and felt it sent a bad message by changing it from $1,000 per residence to increasing it to $500
per day. He noted other communities have moved away from requiring an RBR.
A brief discussion ensued and Councilmember O'Donnell favored the higher fine to encourage
compliance with the law rather than allow someone to potentially pay $1,000 and not do an
RBR. In response to a query by Councilmember O'Donnell, Director Anderson stated that work
without a permit violations are typically issued a stop -work order under Chapter 13 of the
Municipal Code.
Councilmember O'Donnell noted his pet peeve was the "electric leaf blower" regulations, which
didn't apply to the Town's Public Works department and/or their use in commercial areas.
Councilmember Tollini agreed the "leaf blower" regulations needed to be revisited. Town
Manager Curran responded that the matter would be placed on a Council agenda for review at a
future date.
MOTION: To adopt A Resolution of the Town Council of the Town of Tiburon Superseding
Resolution No. 45-2011 and Setting Forth the Violations of the Municipal Code
that May be Enforced by Administrative Citation Pursuant to Chapter 31 of the
Municipal Code and Adopting an Updated Schedule of Fines for Violations
Moved/Seconded:
Vote: AYES:
NAYS:
ABSENT:
PUBLIC HEARING
1.
O'Donnell/Tollini
O'Donnell, Tollini, Doyle
Fraser
Fredericks
1694-1696 Tiburon Boulevard - Appeal of Conditional Use Permit Approval for
Construction of a New Three -Story Mixed -Use Commercial and Residential Building
Intended for Condominium -type Ownership (Community Development Department)
Owners:
Applicant:
Appellant:
A.P. No:
ACV Argo Tiburon LP
Zwick Architects
Jim Mantegani
059-101-12
Community Development Director Anderson reviewed the written staff report, providing a
description of the project, a summary of the project's processing history and deliberations of the
Planning Commission, a summary of the grounds contained in the appeal and the staff response,
and a recommendation to hold a public hearing and consider the appeal.
Town Council Minutes #xx -2015 September 16, 2015 Page 3
Mayor Doyle opened the public hearing to the appellants.
Chris Skelton, Ragghianti/ Freitas LLP, representing appellant Jim and Pam Mantegani, owners
of 1690 and 1680 Tiburon Boulevard, stated his request for the Council to uphold the appeal and
direct the applicant to revise their redevelopment plans for this important downtown property.
He noted that with only one other transfer of development intensity (TDI) in Town history, the
Council's decision has great precedential value regarding what can be built in the downtown. He
said this appeal will either uphold the existing expectations for reasonable development, or set
new expectations for future development. To add particular context, he added that one of the
Planning Commissioners stated that the tenants of the 1690 building are real people that have
real jobs that need to go to work every day. Their access to light, air, and enjoyment of views
will be obliterated. Skelton asserted that these people's daily experience is proposed to be
sacrificed for the benefit of a development company that will build two condos so future buyers
can instead have the precise experience enjoyed by these current tenants. While fairness is not a
finding required in the code, he asked the Council to consider this backdrop as it listened to this
appeal this evening.
Mr. Skelton stated he would like to propose a solution. The solution is a maximum allowable
floor area of 4,300 sq. ft. Mr. Skelton drew two triangles on the site plan schematic on the wall
to illustrate the outer area consisting of 2900 sq. ft. and the inner second story 1400 sq. ft. of
floor area. He asserted that there is only one other TDI in Town history, at 22 Main Street. That
project appears to have gotten it right. He applied the final development floor area ratio of that
project to this circumstance to arrive at 4,300 sq. ft. On 22 Main Street there was a pre-existing
second floor; the visual impact was imperceptible new visual massing created by that TDI. This
application is a completely brand new second and third story to an existing one story building
and the parcel is at the end of the block where the change in massing is highly visible.
He said the applicant originally proclaimed this lot as "one of the most challenging lots in
Tiburon." For such a challenging lot, he said it was surprising to observe such aggressive
development goals. This proposed solution of allowing 4,300 square feet opens up the light and
air to the neighboring property at 1690 Tiburon Boulevard while still allowing applicants
redevelopment goals of the downtown area.
Mr. Skelton stated the Planning Comrnission decision on August 12 memorialized in Resolution
2015-08 was a prejudicial abuse of discretion because the findings were not supported by the
evidence.
Mr. Skelton then referenced the use of the TDI. He stated that the resolution that the
Commission adopted decided that the Beach Road parking lot holds development potential of
approximately 7,700 square feet. He asserted that there was no evidence in the record to support
this finding.
Town Council Minutes #xx -2015 September 16, 2015 Page 4
He said that the March and May Planning Commission staff reports identified development
potential of 10,000 square feet, but there was no discussion or explanation, and no exhibits of
this calculation. He said that no new evidence was provided to the Commission between May
13 and August 12's adoption of the resolution approving the TDI. Yet, the Beach Road parking
lot's development potential shrunk to 7,700 square feet. He referred to Exhibit 11 in the Council
packet, and said this is the first time this item had been incorporated into the public record.
Mr. Skelton said he believed Exhibit 11 to be problematic for two particular reasons. First, it
offered unverified information about lot line adjustments, parcel dimensions, and reduction of lot
area as prescribed under unknown prior agreements; second, Exhibit 11 completely ignores deed
restricted parking arrangements in calculating the development potential of the lot. He argued
that the Council is led to believe that parking attributed to this property does not interfere with or
diminish the development potential of the Beach Road parking lot. If that were the case, then
ACV Argo's investment in the Beach Road parking lot was the greatest real estate investment in
town because they can effectively sell parking spaces and then turn around and sell a credit or
development potential to the same parking spaces already spoken for; that's called double
dipping.
Mr. Skelton then focused his remarks on the Conditional Use Permit. He stated that in addition
to the insufficient evidence to support the findings for the calculation of the TDI, the evidence
contradicts the findings necessary for the granting of the CUP. The purpose of CUP, he said, is to
evaluate unique and special circumstances to ensure that a use does not unreasonably interfere
with or harm surrounding properties.
He argued that the Municipal Code goes as far as to identify "special considerations" in
evaluating an application for a CUP. He highlighted two. The first is the probability of
impairment to the architectural integrity and the second is the probability of injury to property or
improvements in the vicinity.
Granted the Planning Commission wrestled with the first factor -the architectural integrity -
Skelton said we don't call into question the architectural integrity. In fact, he said the architect is
terrific, however, the proposed redevelopment objectively results in substantial probability of
injury to the Manteganis and their tenants at 1690. The injury is a direct result of design. The
design smooshes two additional stories high up against the second floor at 1690 Tiburon
Boulevard. The sum total is a 38 foot high wall at the property line.
He went on to say that the second floor at 1690 Tiburon Boulevard benefits from a wraparound
porch that offers about 5 feet of relief from the property line. A complimentary feature should be
incorporated into the design of the proposed redevelopment. Instead of talking about a light -well
to mitigate the likelihood of injury to the 1690 building, the design should incorporate a side
yard setback that creates a wedding -cake effect, sharing the common property line. An
important point to note is between the May hearing and the August meeting, according to
Skelton, was that the Commission directed the elimination of the third floor. The applicant
returned with a partial third floor plus an additional 170 square feet. He said the concerns of the
Commission were disregarded in August.
Town Council Minutes #xx -2015 September 16, 2015 Page 5
Lastly, Mr. Skelton stated he wanted to touch on the impermissible basis for adopting the
resolution: project financial feasibility. A majority of the Commission, during the deliberation,
framed their comments under the guise of economic feasibility. He said this is only allowed
when evaluating affordable housing applications, and he understood that neither of these units is
proposed as affordable units.
Mr. Skelton then quoted two comments made by Planning Commissioners:
"Condemning this site to a permanently economically ineffective role is a mistake for the town"
(August 12, 2015 hearing minutes, 35:40); and the Chair agreed with that statement.
"I am mindful of the need for compromise given the overarching goal of revitalizing downtown
and making things economically viable." (August 12, 2015 hearing minutes, 53:45).
Mr. Skelton stated that in the applicant's presentation, the applicant justified disregarding the
Commission's previous guidance to remove the third -floor elements by stating, "The third floor
is an important 700 square feet because it is about community experience and creating a building
that can be sustainable and marketable."
Mr. Skelton concluded with a request that the Council uphold the appeal and direct the applicant
to revise their redevelopment plans for this important downtown property by limiting it to 4,300
square feet and only 2 stories.
Mr. Skelton then introduced his law partner, Riley Hurd. Mr. Hurd stated because Mr. Skelton
was unable to attend the August Planning Commission meeting, he represented the Manteganis
at that meeting.
Mr. Hurd noted the TDI concept is very rare in Marin County and in Tiburon there are no
metrics --it is only one sentence in the General Plan. He stated the applicants are seeking 4 1/2
times the allowable floor area ratio for the site. The appellants would accept 3 1/2 times the
allowable floor area ratio. The applicants are requesting 3 1/2 times the allowable square footage
in transfer alone. This transfer is coming from a deed restricted parking lot with no accounting
in the Town's records as to how much is taken. He asserted that in order to approve this project,
the Council must accept as fact the following statement: "That deed restricted parking at Beach
Road doesn't impair its developability in any way". So locking up parking somehow doesn't
affect it at all. He said this is a mental contortion you must take to justify this as legal, and he
asked why is this even being considered?
Mr. Hurd agreed the downtown needs revitalization, but it shouldn't come at the expense of
those who have owned property for decades and decades. The tenants of 1690 should not be
sacrificed so the applicant can create a loft.
Mr. Hurd noted the proposal renders the FAR and Zoning Code meaningless for this property.
The applicant has made no meaningful outreach to the Manteganis. He said the applicant stated
this is one of many proposals for their properties. He suggested the Council should send a
Town Council Minutes #xx-2015 September 16, 2015 Page 6
message they are willing to help and encourage vitality by granting special privileges, but some
recognition of your neighbors should be given in this town.
Hurd said the TDI is a privilege. The quickest visit to the site shows the tenants [of the
neighboring building] will be severely impacted. He said it is not about economic vitality, at
least in the Code. The findings before the Council ask, "will it harm an adjourning property ?"
If the answer is yes, then technically you must say no. In conclusion, Hurd said he believed this
to be an extreme usage of the TDI, and asked the Council, at a minimum, to eliminate the third
story.
In response to Vice Mayor Tollini, Mr. Hurd stated he had referred to the developability of the
Beach Road lot; not marketability. The premise is they are taking the floor area from one lot and
putting it on another; you have to have something to take from here to put it over there, and the
lot here is heavily encumbered by recorded deed restrictions that allowed for the approval of
many other projects. There's no accounting of how many spaces are allocated in order to do a
true analysis of how much there is to give.
In response to Councilmember O'Donnell, Mr. Hurd stated they have not been able to quantify it
because there is no accounting of how many spots are taken on that lot.
Mayor Doyle opened the hearing to the applicant.
S. G. Ellison, President of First Street Development, developer for ACV Argo, presented for the
applicant. He noted that in 2012, this property was acquired by ACV Argo along with properties
including Guaymas, Servino, half of the north side of Main Street, Shark's Deli, and the
Maritime building.
He said that he had reviewed the appeal and found there was some discussion on economic
viability, and some of that discussion came from him. The transfer of development rights issue
has been discussed in detail. He referred to sections of the Downtown Handbook and outlined
where they complied. He indicated that the appellant is concerned with the third floor and
noted their design team has added a light well to bring light to the adjacent building. He noted
that some windows on the adjacent building have AC units in them and that one window is
blacked out. He believed the Planning Commission acted properly and requested denial of the
appeal.
The Mayor opened the hearing to the public.
Don Santa, owner Woodlands Market, expressed his full support for the project and gratitude to
the applicants for "stepping up and doing what we are looking for in the revitalization of the
downtown and vision for the Town." Mr. Santa asked the Council to support the applicants and
deny the appeal.
Town Council Minutes #xx -2015
September 16, 2015 Page 7
Jeff Klinger, 4 -year resident, stated he represented the younger element in the community and
planned to live here a long time and enjoy what has been done before us, but said the downtown
is lacking and does need vitality and the desire to come downtown. He called the applicants
"stand up guys" and said the Town should extend them the same gesture they provided to us. He
praised the vision and direction of the applicants for the future of downtown.
Robert Kadoch, tenant of 1690 Tiburon Boulevard for over 30 years, responded to the comment
of the previous speaker and clarified that we are talking about a family [the Manteganis] which
has owned this site for over 100 years. He noted that after four years of residency, the prior
speaker wished to change the history and tradition and place of Tiburon. He went on to say that
there is a patio on the second floor of 1690 Tiburon Boulevard top and he and his employees
have lunch there. He likened the new building to "creating a tent above our building. " He
thought the new building should be only a single floor; not even a two story building. He asked
the Council to visit the building before making a decision.
There being no one else wishing to speak, the Mayor closed the public hearing.
In his rebuttal, Riley Hurd noted there is agreement that the downtown needs revitalization, but it
shouldn't come at the expense of people like the Manteganis. A very nice gesture is being made
to give them 4300 sq. ft., which is more than allowed. He noted the third story has been pushed
against the light well so they will only get 1/3 of the light. Even if the applicants have a million
square feet to give from Beach Road, he and his clients don't feel it should go in this location
due to the impacts to his clients' building. The applicant's approach is to make their building
work and they want 1690 to be sacrificed. He asked for balance.
Vice Mayor Tollini asked if there was any tenant space in 1690 that doesn't face either Tiburon
Boulevard or Juanita Lane. Mr. Ellison stated for the record that there is office space all around
the courtyard.
Mr. Ellison explained again reasons for relocating the third story to the best place possible and
doesn't think it devalues the adjacent property.
In response to Vice Mayor Tollini, the Director Anderson stated that staff had provided the
Planning Commission with the results of its work based on Exhibit 11. He further stated that
staff is unaware of any deed restrictions that would affect the portions of land shown in Exhibit
11 that were used to calculate the amount available for transfer.
In response to Mayor Doyle, Mr. Ellison stated the first floor was designed at 15' to
accommodate the restaurant requirements; the top floor was at 12' as needed for HVAC. In
response to questions regarding the deck railing, he acknowledged it would still be reviewed by
the Design Review Board.
Mayor Doyle questioned Mr. Ellison's comments to the effect that that this building wouldn't
diminish the property values of the building at 1690 Tiburon Boulevard.
Town Council Minutes #xx -2015 September 16, 2015 Page 8
Mr. Ellison responded that with this project's improvements and with the proposed Maritime
Building improvements, all properties along Tiburon Boulevard would have increased property
values.
There being no further questions, the discussion was returned to the Council for its deliberations
Councilmember O'Donnell noted it is not easy to build anywhere in a downtown space, and
whenever you make improvements it sometimes infringes on buildings next door. He supported
the Planning Commission's decision and said he would vote to deny the appeal. He thought the
project would be a terrific addition for downtown Tiburon. He thought it was a wise move to
move the third story toward the rear and out of the way. He noted there is only one small
window on 1690 Tiburon Boulevard in that area, and the addition of the light well is appropriate.
He didn't think the Planning Commission overly dwelled on the financial considerations. He
didn't see the intensity of development to be severe; didn't see a parking problem downtown
from this project, and thought the Planning Commission went through an exhaustive review
process.
Councilmember Fraser noted the downtown development guidelines look for a mix of 2- and 3 -
story buildings. In looking at the community today, he sees that new generations love to live in
areas they can walk around. Having housing in the downtown is an asset for people who want to
downsize and move downtown. He pointed out that the transfer of intensity is in the General
Plan for a specific reason. He thought the Planning Commission made the right decision, noting
that they held three meetings. He said the project is not 100% perfect, but thought it was a good
solution and that the Planning Commission made the appropriate findings. He stated his intent
to deny the appeal and thought the Planning Commission did an excellent job.
Vice Mayor Tollini stated she read all the materials, reviewed the General Plan policy goals and
Zoning Ordinance, and thought of how she would make the decision if she was on the Planning
Coirunission. She was familiar with the building and knew that light reached the office spaces
from the interior of the courtyard. She agreed that all three bases of the appeal were discussed
by the Planning Commission and agreed with staff's analysis, including the added condition
regarding a recorded document to memorialize the transfer of development rights.
Mayor Doyle said he agreed with a lot of what had been said by his colleagues. He stated that he
has "a soft spot" for the past of the community, but thought the Planning Commission did a good
job. He said the third floor portion has been moved to the rear of the building and the courtyard
design at 1690 Tiburon Boulevard provides Light to the upstairs spaces.
MOTION: Direct Staff to return with an appropriate resolution denying the appeal for
consideration of adoption at a future meeting, including the added
condition of approval
Moved/Seconded: Tollini/Fraser
Town Council Minutes #ax -2015 September 16, 2015 Page 9
Ayes: Doyle, Fraser, O'Donnell, Tollini
Absent: Fredericks
TOWN COUNCIL REPORTS
TOWN MANAGER REPORTS
There were no reports.
ADJOURNMENT
There being no further business, the Town Council adjourned the meeting at 9:20 p.m. in
memory of Rikkii Andrews, Bel Aire crossing guard for many years, who was the friendliest
person you would ever meet and loved by the Bel Aire community.
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Town Council Minutes #xx -2015
FRANK X. DOYLE, MAYOR
September 16, 2015 Page 10
Director of Public Works Barnes explained that the cost was based on the length of time of the
project (30 days, or approximately 20 construction days); that it consisted of on-site inspection
and contract management. He agreed that it was high relative to the construction costs.
However, he noted that based on contract studies, soft costs ran over 60% for contracts in the
$100 — $350,000 price range and that this contract was 37% of the cost. Barnes went on to say
that the Town would be unable to manage this project in-house, due to the medical leave of the
Public Works Superintendent.
O'Donnell said this was unfortunate, because it was a relatively simple project which consists of
fixing up paths and installing picnic tables. He also said that if he had known about this
unforeseen cost, he may not have supported moving ahead with the project at this time.
Director Barnes said staff was trying to stay on a timeline for project completion this Fall. He
said he had tapped a contract manager already working in Town on another project for this task.
Councilmember Fraser agreed that the soft costs seemed exorbitant and went on to say that
bidding for government projects needed revamping. He said this issue comes up time and time
again.
Councilmember Fredericks commented that it also shows how much the Town staff is worth.
Town Manager Curran said that staff was optimistic that the contract would come in under
budget but they were trying to be diligent and not underbid. She also said that the project would
encompass grading work and was subject to a BCDC permit, all of which would require
management and oversight.
Vice Mayor Tollini asked whether anyone else on staff could provide the necessary management.
Town Manager Curran said that [remaining] staff did not have the appropriate skills to do it.
Councilmember Fraser asked whether Town staff could be pulled off supervision of the
downtown sidewalk project for this project. He said that it was the responsibility of the
contractor to provide management of the sidewalk paver "do over".
Councilmember Fredericks asked if the project [at Blackie's] could be put on hold. Director
Barnes said that the contractor could be asked to hold the bid, but that the idea was to proceed
and hydro -seed the area before winter. Town Manager Curran noted that the project bid had
come in under budget.
Councilmember O'Donnell stated that he was not sure the whole thing had been thought out
properly or had been managed correctly.
CounciImember Fraser noted the positive changes in the Department of Public Works under
Director Barnes' leadership; he said that the director was very detailed and morale was high.
DRAFT
Town Council Minutes #xx -2015 September 2, 2015 Page 4
Councilmember O'Donnell agreed but expressed reservations about the process. He asked
whether other contract managers had been thoroughly vetted.
Director Barnes said that said the consulting firm had done two projects in town with good
results—one project had come in $50,000 under budget, and the other had a value engineering
change order saving $26,000. He also clarified that he had contacted four firms for quotes on the
work but two were too busy and he had not heard back from the third.
Mayor Doyle opened the matter to public comment.
Andrew Thompson asked whether anyone had considered recruiting John Kern, a long-time
resident and volunteer, who had provided contract management on the Town Hall.
There was no further public comment.
Councilmember Fraser proposed that the Council move ahead and leave the execution of the
contract to staff, with an idea of improving the budgeting process in future.
MOTION: To approve Item No. 4 – award of contract and approval of the budget
amendment for project management, as written.
Moved: Fraser, seconded by Fredericks
Vote: AYES: Doyle, Fraser, Fredericks, Tollini
NOES: O'Donnell
PUBLIC HEARINGS
1. 25 Gilmartin Drive Precise Plan (PD #28) — Consider request to amend the Tiburon Shores
Precise Plan to expand the primary building envelope on Lot 3 (Community Development
Department) (Note: this item was approved on August 19 but, due to a noticing deficiency, it
is being resubmitted for approval on September 2)
Owners: Darol and Tara Ryan
Applicant: Mohamad Sadrieh
AP No. 055-253-30
Associate Planner O'Malley said a public hearing was held on the application at the August 19
meeting, however, due to a noticing error, she said it had been re -noticed for tonight's meeting.
She referenced the previous staff report, CEQA compliance, and recommended approval.
Mayor Doyle opened the public hearing. There was no public comment. Mayor Doyle closed
the public hearing.
MOTION: To adopt the resolution approving the precise plan amendment, as written.
Moved: O'Donnell, seconded by Tollini
Vote: AYES: Unanimous
DRAFT
Town Council Minutes #xx -2015 September 2, 2015 Page 5
ACTION ITEMS
1. Seasonal Rental Units — Adoption of ordinance amending Chapter 16 (Zoning) of the
Tiburon Municipal Code to prohibit seasonal rental units (Community Development
Department)
In his staff report, Director of Community Development Anderson said the Town Council passed
first reading of the ordinance prohibiting seasonal rental units at its August 19 meeting, and
waived additional readings. He said the ordinance now comes to the Town Council for adoption
but because the first reading carried on a 3-2 vote, consideration was being presented as an
Action Item so that individual votes on the ordinance could be tallied by roll call. Anderson
recommended that the Town Council hear any testimony from interested persons, and consider
adoption of the ordinance.
Mayor Doyle opened the hearing to public comment.
The following people spoke:
1. Andrew Thompson, Southridge East, asked the Council to remove adoption of the
ordinance from the agenda and seek further comment; said the ordinance was too
restrictive, noting that communities, such as Carmel, that had adopted 30 -day minimums
had widespread "cheating" going on; said that while he was not in favor of turning homes
into hotels, that there were better models to use for the Town's ordinance, like setting a
total number of rental days per year; said visitors spent money here and allowing rentals
would help the downtown business community and improve the local economy for
residents, as well;
2. Mo Newman, resident since the 1970s, said she opposed government intrusion into our
lives and property; said that laws could be enacted to fine people for problem rentals or
violations; that a ban might not be constitutional;
3. Matthew LeMerle, 20 -year resident, agreed that more time was needed to craft an
ordinance for our community; said that problems existed in dense neighborhoods with
unruly guests, and that the owners of those properties should be taken to task and that
other neighborhoods and properties (like his own) did not suffer such complaints; agreed
that there might be a legal problem with the ordinance and said the Town should not be
exposed to litigation; asked the Council to consider forming a subcommittee to study the
issue further and volunteered to serve on such a committee;
4. Bonnie Ross, who said things had gotten nasty on Next Door, said a lot of people like her
thought the prohibition was a good idea and wanted to see our neighborhoods remain
residential; said these voices were not being heard; she also questioned how much money
renters were actually spending, since many probably cooked in the homes they were
staying in; said parking was a problem in many neighborhoods and that she was
uncomfortable with the idea of confrontation and disharmony, and having to call the
police to report violations;
DRAFT
Town Council Minutes #.a: -2015 September 2, 2015 Page 6
5. Russ Shelton talked about how turning homes into short-term rentals meant that 25-40%
of the rental housing stock was being removed from the market; said that short-term
rentals changed the complexion of neighborhood communities; said that these multi-
dimensional issues should be considered;
6. Joe Haraburda, Solano Avenue, said he supported the ban and the 30-day minimum, as
well as exclusion of shared easement common area properties; reiterated that his
neighborhood experienced countless problems from short-term rentals; he asked the
Council to help retain the quiet nature, safety of children, and residential quality of our
neighborhoods; said that we know who are neighbors are and that vacationers think
differently;
7. Elizabeth Gleason, 38-year resident, asked the Council to prohibit short-terms rentals to
protect our sense of neighborhood and community; said that "community" was hard to
construct and easy to destroy; gave an example of how the people on her street care about
each other, share parking, and the like; now, with the presence of a short-term rental on
the street, she said people come into the neighborhood and "we don't know who they
are"; said she came here because of the sense of community and its safety; said it's now
being eroded;
8. Daniel Amir said he understood the concerns but asked the Council to reconsider the ban;
said that the reality is that the community and the economy is changing; that the "sharing
economy" and short-term rentals were a fantastic opportunity for young families to rent
their homes once or twice and year and allowed flexibility, not so much financial gain;
said that people refer renters and they were not strangers; said possible solutions might be
to limit the number of days per year or set a minimum rental of seven days; said the ban
was a little extreme;
9. Mike O'Donnell, 36+year resident, said he rented out his home and noted the minutes of
the previous meeting said that since 2009 there had been 4000 rentals but only eight
complaints; questioned the need for a ban on this basis; also noted that even though
Sausalito had banned short-term rentals there were currently 80 rental sites listed on the
internet; said there were legal questions, as well, and that judges had agreed with the
Planning Commission's recommendations; said it would be easier for the Town to tighten
its regulations and make some money on this phenomenon;
10. Magdalena Yesil, who referenced her testimony at the last meeting, said that even though
her neighbor had asked for their permission and let her and her husband know about each
short-term rental, he could not be present for the aftermath; said the responsibility
therefore was bound to fall on the Town and its infrastructure; said that in her mind
zoning means that residential means residential and commercial, commercial; that the 30-
day limit is not an interference with property rights and that a residential neighborhood
had to remain so in spirit, as well as law; said a change to this would cause an adverse
effect on property values, noting that these values were significant in Tiburon; asked the
Council not to trade the residential nature of the community for short-term gain;
11. Linda Emberson asked the Council to think about this issue more and not adopt the
ordinance at this time; said the amount of interest shown behooves us to take a step back;
12. Jane Gould, Mar East, agreed that short-term rentals [such as the one on Tower Point
Lane] had caused problems, especially with parking in the neighborhood; said that the
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Town Council Minutes #xx -2015 September 2, 2015 Page 7
polling on Next Door was biased, and gave examples of how the questions in the survey
were worded which could skew results;
13. Danny McNamara, Paradise Drive, said he had [short-term] rentals in Tahoe and used a
"three strikes" policy (and loss of deposit) as a way to ensure that his neighbors remained
happy; said this was a common sense approach; he asked the Council not to hurt
everyone by enacting a ban; added that in Tahoe, you have to have a permit number, pay
taxes, etc. but it works;
14. Cleveland Justis expressed concern at the speed of the decision [ban] and said more
information was needed; said this issue could be solved creatively and urged the Council
to do so to avoid a lawsuit or ballot initiative; said everyone wanted their property values
to increase but that much of the testimony was fear -based; suggested putting together a
task force for more study; said there was benefit to the community when other people
come into it;
15. Charles Arnold, MD, who said he "grew up in cattle" dubbed the ban "anti -capitalist";
said that he had never been in the homes of some of his neighbors (on Sugarloaf Drive)
but said there were children everywhere; said the "fear factor" and NIMBYism were the
cause of the reaction (leading to the ban); noted that he had done one -weeks rentals
himself; said that what was needed was fewer regulations, but that as a good capitalist, he
would recommend adding a little tax to the deal (in order for the Town) to make some
cash and not just say "no" to short-term rentals;
16. Wesley Poole, Tiburon Boulevard, asked whether Airbnb had a section for feedback
[reviews] and whether bad ratings could be posted about bad renters; said his family had
lived here for 90 years; agreed there seemed to "fear factor" in play, and said that if
people felt unsafe, they could get a gun;
17. Shannon Puget, 45 -year resident, said they had rented out her parents' house (so that they
could travel, too) and had not had any problems; said these types of rentals were used a
lot by locals for entertaining out-of-town guests; said she herself travelled using Airbnb
and VRBO and supported what others had said about these venues;
18. William Rothman, Belvedere, calling himself a "guest" of Tiburon, said that only four
Belvedere units were listed [on the internet]; commented that in the on-line survey,
everyone had different ideas as to "appropriate regulations", noting some wanted limits
on number of transient renters, the number of cars, requiring owners to be present,
requiring an okay for neighbors; also, some wanted less than 30 days, some wanted seven
days, some wanted an off-street parking requirements, no rentals of condo's with
common use areas; some wanted hotel fire standards, and some wanted the owners to
carry liability insurance; he said that some people had genuine concerns and some just
wanted to be free to rent; said that if the Town could craft the perfect regulations....but
that because it could not, he recommended upholding the ban [for less than 30 days] and
adoption of the ordinance, and said that the ordinance could be changed if lawsuit ensued;
also posed the question about disclosure and whether surrounding properties for sale
would be made aware of properties used as short-term rentals.
Mayor Doyle closed the hearing to public comment.
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Town Council Minutes #xx -2015 September 2, 2015 Page 8
Councilmember Fredericks asked the Town Attorney whether there were any precedents for the
ban of short-term rentals. Town Attorney Stock said yes, that Carmel -by -the -Sea had adopted
such a ban which had been upheld by the courts. He said that to date, no court has overturned a
ban, and the courts have endorsed the Carmel ban. He noted that some of the cases mentioned by
speakers were outside of California, such as the Sedona case, which was subject to an Arizona
statute.
Councilmember O'Donnell said that good arguments had been presented, pro and con. He said
the arguments favoring family visits, use of property when parents move away, additional income
and the like, were all valid. However, on the side of "property rights" he said that there are also
the rights of your neighbor to consider, and the rights of the community. He said there were no
universal "property rights" in this context. O'Donnell said that is why zoning laws and standards
were crafted, so that a community of people would not infringe on each other's rights.
O'Donnell said he recognized emerging technology and [the sharing] economy. But he noted
that there was a ballot initiative in San Francisco (to address the issue of short-term rentals); he
said that Tiburon was not San Francisco; that it is a residential community and people expect to
live in a residential community here and not a commercial one. O'Donnell said Mrs. Gleason
had expressed eloquently what it meant to live in a residential community. He said it was clear
that there were people who were put upon by short-term rentals in their neighborhood and that he
had voted to ban them for this reason. He said the longer term (30 -days or more) renters become
part of the community. He said he did not "buy" the argument that short-term rentals were a
boon for downtown revitalization.
Councilmember Fredericks said that the problem is that this issue has the potential to escalate,
and that it is driven by the potential for a real stream of revenue. She said she recognized some
value in short-term rentals, for the purpose of financing vacations, etc. but that there were more
compelling reasons not to allow them. She said the Town's Zoning Ordinance protects the
livability of our community; she added that the term "quiet enjoyment" also applied to the
intimacy and safety experienced in our neighborhoods. That being said, Fredericks she that not
all short-term rentals were pernicious, but that parking problems and late night noise were all
problems which had occurred. She said [the ban] was not so much an issue of "property rights"
but to ensure the "quiet enjoyment" that had led to her support it.
If allowed, Fredericks talked about the cost of enforcement of conditions on short term rentals;
about how to obtain a permit and how to condition a permit; about how to monetize the loss of
neighborhood character, which would ultimately affect the ability of the Town to provide
services. She wondered if these costs could be borne by those who profit from short-term
rentals. She said there was a bill in the California Legislature that would require hosting
platforms to provide rental information to local jurisdictions. But for now, Fredericks said that
she would vote to uphold the ban on short-term rentals.
Vice Mayor Tollini thanked everyone who had come to the meeting to express their views. She
said that it showed how much our residents care about the community. The Vice Mayor said that
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Town Council Minutes #aa -2015 September 2, 2015 Page 9
while there were valid concerns about short-term rentals, she said she thought the Planning
Commission "got it right" and that there were ways to address the concerns and issues, such as
collection of transient occupancy tax (TOT), permit fees, and fines which would aid enforcement,
and a "3 strikes" policy for non-compliance. Tollini suggested that the ordinance be sent back to
the Planning Commission for consideration of the needs of some neighborhoods. She said she
also thought the rentals were a benefit for the downtown. She encouraged everyone to have a
little bit of trust in their neighbors; that we all want to be good neighbors, and the Town should
give this a chance.
Councilmember Fraser said that he had voted for a 30 -day minimum rental; that the ordinance
was not, in fact, a ban. But since then, he said there had been a lot of feedback to the Council.
He commented that the community was in the midst of change; that lots of new, younger families
were moving here and brought a new vibrancy. He said he was proud of the initiative to reduce
traffic and the support of the school bus ridership program. He said that we should applaud
ourselves in the ways we "come together".
Fraser posited that maybe there is a way to come together around this issue; but he said that the
Planning Commission needed direction because he did not think they "got it right". Fraser said
he thinks there is a way to bring the community aspect into the discussion.
Councilmember Fraser said that Airbnb, VRBO, and other start-ups were not going away. He
said the Town owed it to itself to go back and look at the ordinance again, with an eye to
frequency, how neighbors might be notified, enforcement, and the like. He said there should be a
TOT — that Bed & Breakfasts are hotels; that different neighborhoods should be looked at (per
the Vice Mayor's suggestion) and how to manage the issues in neighborhoods. He suggested that
the Council put a "pause" on its consideration of the ordinance and also place a moratorium on
the issuance of permits for short-term rentals.
Councilmember Fredericks asked what the process for reconsideration would be; to convene a
Council committee; include volunteers, or the like.
Mayor Doyle said that he was leaning towards agreement with his colleagues Fraser and Tollini,
but he said he was sensitive to the issues stated by the others. One the one hand, he said that 30 -
day rentals forced you to move out of your house while shorter term rentals (one to two weeks)
meant you did not have to. He said it would be nice to be able to do this sometimes. But he said
also said he agreed there were problems with homes that had shared common areas, for instance.
The Mayor said it would be beneficial to pause, get people more involved in the process, to
receive more feedback, and to evaluate individual neighborhoods.
Councilmember O'Donnell asked what would happen to existing pennits if there was a "pause".
He said that he, too, realized that the economy was changing, but O'Donnell said that Tiburon
was neither Maui nor Tahoe, and he would not like to see it turn into these locales.
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Town Council Minutes #xx -2015
September 2, 2015 Page 10
O'Donnell agreed that there are differences between neighborhoods, but suggested that most of
the rentals would probably be in neighborhoods in Old Tiburon because that area had qualities
sought by travelers, such as views, proximity to downtown, etc. But he said this area also had
problems with parking and had a close proximity of homes. He also said the Town would wind
up with a gamed system if it changed the ordinance to a seven-day minimum, for instance. He
said he continued to favor a prohibition on short-term rentals, like Carmel, Santa Monica, and
other communities.
Councilmember Fredericks said that she sensed there had not been enough "process" in
consideration of the issues so she, too, would also favor a pause. She suggested forming a
committee consisting of one proponent of short-term rentals, one not so much in favor, and
perhaps come back to Council with a report and recommendation.
Councilmember Fraser agreed that it would not hurt to pause.
Town Manager Curran said the procedure would be for the Council to continue the hearing to a
date certain.
Councilmember Fredericks asked what would happen after that. Town Attorney Stock said that
the Council could amend the ordinance, if it chose to do so, and hold a first and second reading.
Councilmember Fredericks volunteered to serve on the committee, as did Mayor Doyle.
Town Manager Curran suggested holding a meeting with the two Council representatives to
discuss the process of forming a committee and how to obtain balanced input. Council concurred
with this approach.
MOTION: To continue the hearing to the October 21, 2015 regular meeting; to appoint
Councilmember Fredericks and Mayor Doyle to a subcommittee to study the issue
and make further recommendations to the Council.
Moved: Tollini, seconded by O'Donnell
Vote: AYES: Unanimous
2. Kayak Put -In — Discussion of possible kayak and paddleboard put -in along Shoreline Park
and direction to staff (Town Manager Curran/ Director of Public Works/ Town Engineer
Barnes)
Director of Public Works Barnes said the idea for a kayak put -in was brought up at the Town
Council Retreat in March. Barnes said that a few locations were discussed, with the Shoreline
Park area near the Donahue Building being the most preferred. He said there was general support
for the kayak put -in concept but additional information on the scope and approach was needed.
Director Barnes said the project would be sized for very small watercraft, such as kayaks, canoes,
sail boards and paddle boards. It would not be designed to accommodate motorized watercraft.
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Town Council Minutes #xx -2015 September 2, 2015 Page 11
He added that fishing from the dock would not be allowed and hours of use could be limited by
the Town.
As part of the project discussion, he said the Council raised the possibility of including drop-off
parking along Paradise Drive, similar to the parking cut-out next to the Ferry Terminal just east
of the downtown roundabout. Prior to proceeding with the design, he said that staff needs to
know whether Council wishes to include this parking area as part of the design.
After the retreat, the Director said one of the questions that remained was whether the Town
could use a design -build contract for this work. He said Design -Build is limited in California
municipal construction to projects over $1 million, so this project must be designed, bid and
constructed using the method the Town usually uses for Capital Improvement Projects.
Director Barnes said staff requested direction from Council to engage a firm for design and cost
estimation for the project. He said this would begin with a pre -design effort to better inform the
design and provide a more accurate cost estimate. Staff would return at a later date for
permission to go out to bid for the construction of the project, according to the Director.
Costs
Director Barnes said the estimated cost of the Kayak Put -in per a contractor who does many of
these projects is about $125,000. With a contingency of 20%, he said the project construction
cost was estimated at $150,000.
At the Council Retreat, Barnes noted that said staff discussed the California Municipal
Benchmarking Study for soft costs. He said in this study, park facilities between $100,000 and
$350,000, on average, had a soft cost to construction cost ratio of 66%. That would be close to
$100,000 for this project, according to Barnes. Given the extent of permitting needed, he said
the Town could expect the soft costs on this project to be at least average. Therefore, the total
cost of the Kayak Put -in is estimated at $250,000.
Director Barnes said that a parking area, if desired, is estimated at $120,000 including
contingency and soft costs. He said staff recommends postponing a decision regarding a parking
area until after the Kayak Put -in is constructed to see if it needed.
Barnes said the 2015/16 CIP budget included $400,000 for a Miscellaneous Project Set -Aside.
He said a portion of this $400,000 could be used for the Kayak Put -in Project. He recommended
that the Council a) provide Direction to Staff regarding the Kayak Put -in facility, and b) direct
staff to solicit proposals for the design of the Kayak Put -in Facility.
Mayor Doyle, who noted that he brought the project forward at the retreat, said that two other
locations had been looked at, but were rejected for various reasons. He said the dock could be
built into the rocks at that location (behind the Donahue Building) and that it would float with
high and low tides. He said a Sacramento dock -building company had provided an estimate of
$125,000 plus a 20% contingency. Doyle said it would have a low profile; all that would be
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Town Council Minutes #xx -2015 September 2, 2015 Page 12
visible is two posts, which would serve to make a ramp that would be ADA -accessible. He said
a gate could be installed about two-thirds of the way down the ramp.
Councilmember O'Donnell asked about an annual budget for dock maintenance; he said the
saltwater and bird clean-up should be taken into consideration. Mayor Doyle said that a usage
fee, perhaps $20, could cover these costs.
Mayor Doyle said the dock would create a reason for people to come to Town to launch here,
thereby helping to bring people to the downtown area.
Councilmember O'Donnell said if the launch is successful, it will result in an intensity of use in
that area.
Councilmember Fredericks concurred. She also asked where people would store their kayaks,
and the like. She said she would like to see a study of use impacts before proceeding, and to
have a better notion of the long-term costs.
Councilmember O'Donnell asked if BCDC would allow this project to move forward. Mayor
Doyle said that BCDC encourages water access.
Councilmember Fraser said he supported the Mayor's desire to have water access and that former
Councilmember Collins had supported it, as well. He said the idea deserved attention, whether it
was here or in another location.
Mayor Doyle opened the hearing to public comment. The following people spoke:
1. Hank McWhinney, Point Tiburon, said he applauded the idea of bringing people to downtown
but that this was not the right way to do it; said such a project would have unintended
consequences and that launching from a floating dock is dangerous at best; said most successful
launch sites were from a sloped beach, not directly into exposed water; said the "everyday"
kayaker would not be able to launch here and that it should be designed to have an easy launch in
order to attract people. McWhinney went on to say that fishermen would no doubt come to the
dock, and that it would be attractive for nighttime parties, as well; he said the risks outweighed
the benefits and he encouraged the Council to find a better place for it.
2. Julie Jacobs, Paradise Drive, residing directly across from the Donahue Building, said that she
and her husband had purchased their unit when their children left home and intended to remain
there; complained of the changes that had come about, such as the placement of the Gallows
Wheels in that location which had removed some of the green grass area in the park; said that
they purchased a peaceful, quiet place and with a dock there, it would be noisy every weekend.
She asked the Council to find a more suitable, commercial location for this and not a residential
area; she asked about the area next to Servino's Restaurant, or [the beach at] Blackie's Pasture.
DRAFT
Town Council Minutes #xv -2015
September 2, 2015 Page 13
3. C. Jay Key, Paradise Drive, said the homeowners at Point Tiburon had an agreement with the
Town as to the use of Shoreline Park, and that a commercial use was not consistent with this
agreement; said that the intensity of use was real—that there were 300 bicycles at the ferry
landing every weekend; he asked that 1,000 cars not be added to the mix in front of their homes;
said the commercial preclusion was in the covenant, and it was not a natural change; said "we
made a deal and you're breaking it" and "we have the right to quiet enjoyment" in our
neighborhood, as well.
There being no further comment, Mayor Doyle closed the public hearing on the item.
Vice Mayor Tollini said that part of the sentiment expressed at the Council retreat was to bring
visitors to town; however, she said the main focus is to allow water access is for residents. She
said the dock should be kept up for the benefit of the community; and that maybe this was not the
right spot, however, she supported the idea of water access.
Councilmember Fredericks said that more information was needed before a decision could be
made. She said the other areas mentioned did have problems (or restrictions) associated with
them. She commented that in our community, even though we can see a lot of water, the
environment doesn't necessarily provide natural access to it.
Mayor Doyle said he would be open to finding another locale, perhaps Elephant Rock (which
also has issues with current and tides), but wondered how to go about finding such a place.
Councilmember O'Donnell said he agreed with all the views expressed, but that maybe this was
not the right location. He said that intensity of use was an issue; he agreed that it was a rough
[water] area. O'Donnell said he liked the idea of creating water access, perhaps closer
downtown, maybe between the (Angel Island) ferry and the Water's Edge Hotel; perhaps partner
with [owner] Maggie McDonogh. He said this was a protected area and might be a better place
to launch. He agreed that placing a dock in open water was a bad idea, pointing out that you
don't see a lot of floating docks along Paradise Drive.
O'Donnell reiterated that he was supportive of the idea of creating water access, and volunteered
to work with the Mayor, and Town staff, to explore locations, perhaps closer to commercial
areas.
Council agreed to continue the item.
3. Town Manager Recruitment — Recommendation to approve brochure for recruitment of a
new Town Manager (Council Recruitment Committee: Councilmembers O'Donnell and
Fraser)
The Council received an update from Heather Renchsler, President and CEO of Ralph Anderson
and Associates. With a couple of changes to wording in the brochure, Council gave her
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Town Council Minutes #xx -2015
September 2, 2015 Page 14
authorization (moved by Tollini, seconded by Fredericks) to move ahead with the recruitment
process, as presented.
TOWN COUNCIL REPORTS
None.
TOWN MANAGER REPORT
Town Manager Curran noted the resignation of Town Treasurer William Osher and said that staff
would commence the notice and application process for a new treasurer.
On another matter, Councilmember Fredericks asked about the availability of archival material on
the Town's new website and whether someone on staff was dedicated to this project.
Town Manager Curran noted that the website was more "usable and clickable" than previous sites,
but that it did not have the Google search engine found in previous versions. She said that staff was
putting together a timeline to work on bolstering archival material and searchability.
Councilmember O'Donnell said he loved the presence of the "Blackie's Hay Day" horse signs
around town, and said it would be nice to have these kinds of iconic signs in lieu of flashing notice
boards for local events.
WEEKLY DIGESTS
• Town Council Weekly Digests — August 21 & 28, 2015
Accepted.
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor Doyle
adjourned the meeting at 10:59 p.m. in memory of Barbara Abrams, who he said was a lovely
person and generous to the Town, both personally and through her family.
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
DRAFT
Town Council Minutes #xx -2015
FRANK X. DOYLE, MAYOR
September 2, 2015 Page 15
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
October 21, 2015
Agenda Item: cc
-3
STAFF REPORT
To:
From:
Subject:
Reviewed By:
Mayor and Members of the Town Council
Office of the Town Clerk
Recommendation to Adopt Resolution for 2015 Volunteer Citizen of the Year
BACKGROUND
The Tiburon Peninsula Chamber of Commerce has named Joan Palmero as its 2015 Volunteer
Citizen of the Year. The Town knows what a treasure Joan is, having commended her earlier in
the year for her 25 years of service as the Town's receptionist/office assistant. Not being one to
"stay retired" for long, Joan has gone on to serve as a volunteer on the Library's Program
Committee, and also serves as a docent at the Donahue Building Railroad Museum, among other
commitments.
Joan Palmero was recognized at the 22nd Annual Spirit of Marin Awards luncheon in September.
She will be presented with the Town's resolution at a luncheon on November 18, 2015 at the San
Francisco Yacht Club.
RECOMMENDATION
Staff recommends that the Council adopt the resolution commending and congratulating Joan
Palmero upon her selection as the 2015 Tiburon Peninsula Chamber Volunteer Citizen of the
Year.
Exhibit: Resolution
Prepared By: Diane Crane Iacopi, Town Clerk
TOWN OF TIBURON PAGE 1 OF 1
Resolution No. XX -2015
A Resolution of the Town Council of the Town of Tiburon
Commending
JOAN PALMERO
upon her selection as the Tiburon Peninsula Chamber of Commerce
2015 Volunteer Citizen of the Year
WHEREAS, Joan Palmero, native daughter of the Tiburon Peninsula, friend to all,
retired in March of 2015 after 25 years as the Receptionist and Office Assistant at Town Hall;
WHEREAS, Joan is being recognized for her outstanding achievements while working
for the Town of Tiburon and for her deep commitment to preserving Tiburon's unique historic
and cultural character, as a volunteer;
WHEREAS, as staff liaison to Tiburon's Heritage and Arts Commission, Palmero
coordinated exhibitions by local artists, planned and helped administer the Heritage Preservation
Award, Tiburon's Artist Laureate program, and many cultural and educational programs
designed to promote the arts in Tiburon;
WHEREAS, not being one to "stay retired" for long, Joan now serves on the Belvedere -
Tiburon Library's Program Cominittee and works as a docent at Landmarks' Society Railroad &
Ferry Depot Museum; and
WHEREAS, because Joan's interests also go far beyond our town borders, she also
translates historic documents from Spanish into English for the Landmarks Society, and gives
talks throughout the area on Latin American art and artists;
WHEREAS, Joan who is known for her dynamism, sense of humor, and activism on
behalf of all good things and people in need, says that the greatest thing anyone could every say
about her is that she made a difference;
NOW, THEREFORE, the Town Council hereby commends and congratulates Joan
upon her well-deserved selection as the Chamber's 2015 Volunteer Citizen of the Year, and
expresses its sincere appreciation to Joan for her continued contributions to the quality of life in
the Town of Tiburon, and beyond.
PASSED AND ADOPTED at a regular meeting of the Town Council on October 21,
2015 by the following vote:
COUNCILMEMBERS: AYES:
Frank Doyle, Mayor
Town of Tiburon
ATTEST:
Diane Crane Iacopi, Town Clerk
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
October 21, 2015
Agenda Item:
STAFF REPORT
To:
From:
Subject:
Reviewed By:
Mayor and Members of the Town Council
Community Development Department
1694-1696 Tiburon Boulevard; Consider Adoption of Resolution Denying
an Appeal of Conditional Use Permit Approval for Construction of a
New Three -Story Mixed -Use Commercial and Residential Building
Intended for Condominium -type Ownership; ACV Argo Tiburon LP,
Owner; Zwick Architects, Applicant; Jim Mantegani, Appellant; File
#11402; Assessor's Parcel No. 059-101-12
BACKGROUND
At its meeting of September 16, 2015, the Town Council held a hearing on this item and directed
Staff to return with a resolution denying the appeal while adding a condition of approval (No. 16)
memorializing the transfer of intensity through a recorded instrument. The draft resolution is
attached as Exhibit 1.
RECOMMENDATION
Staff recommends that the Town Council take any public comment on the item and adopt the
attached resolution.
EXHIBIT
1. Draft Resolution
Prepared By: Scott Anderson, Director of Community Development
TOWN OF TIBURON PAGE 1 OF 1
RESOLUTION NO. -2015
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON DENYING AN APPEAL BY JIM MANTEGANI OF THE
PLANNING COMMISSION'S APPROVAL OF A CONDITIONAL USE PERMIT TO
CONSTRUCT A MIXED-USE COMMERCIAL/RESIDENTIAL BUILDING
INTENDED FOR EVENTUAL CONDOMINIUM -TYPE OWNERSHIP
LOCATED AT 1694-1696 TIBURON BOULEVARD
ASSESSOR PARCEL NO. 059-101-12
WHEREAS, the Town Council of the Town of Tiburon does resolve as follows:
Section 1. Findings.
A. On April 30, 2014, the Town received an application (#11402) filed by ACV Argo
Tiburon LP calling for the demolition of an existing commercial building located at
1694-1696 Tiburon Boulevard and the construction of a mixed-use
commercial/residential building at that site. The application was deemed complete on
January 7, 2015, and consists of the following:
1. Application form and supplemental materials received April 30, 2014
2. Revised project description received August 3, 2015
3. Revised architectural drawings received August 3, 2015
4. Color/materials board received September 10, 2014
The official record for this project is hereby incorporated and made part of this
resolution. The record includes, without limitation, the initial study/mitigated negative
declaration, staff reports, minutes, application materials, appeal materials,
correspondence, and all comments and materials received at any public hearings.
B. An initial study for the project was prepared pursuant to the California Environmental
Quality Act (CEQA) and a draft mitigated negative declaration was released for public
and agency comment on March 3, 2015.
C. The Planning Commission held duly -noticed hearings on the application and
considered the initial study/draft mitigated negative declaration at public hearings held
on March 25, May 13, and August 12, 2015. As presented in revised form at the
August 12, 2015 hearing, the project proposed the demolition of a one-story 2,776
square foot commercial building containing a restaurant and an ice cream shop with a
3 -story mixed use commercial/residential building. The ground floor was proposed to
contain a restaurant (and possibly a small retail space); while the second floor would
have two residential units, with one of these units extending to a partial third floor. The
building is proposed to be held in condominium -style ownership, subject to separate
future approvals.
TIBURON TOWN COUNCIL
RESOLUTION NO. XX -2015 --/--/2015 1
EXHII3I3. NO.
D. At the conclusion of the August 12, 2015 Planning Commission hearing, after
considering all comments received on the initial study/draft mitigated negative
declaration, the Planning Commission found that there was no substantial evidence
presented to support a fair argument that a significant impact under CEQA would result
from the project and adopted the Mitigated Negative Declaration.
E. The Planning Commission further found, based upon the application materials and
analysis provided in the March 25, 2015, May 13, 2015 and August 12, 2015 staff
reports and in the entire record, that the project, as conditioned, was consistent with the
Tiburon General Plan and was in compliance with applicable sections of the Tiburon
Zoning Ordinance, including but not limited to Sections 16-52.040 and 16-52.050, and
other applicable municipal regulations. The Planning Commission also found that a
transfer of intensity was appropriate for the project and approved such transfer pursuant
to General Plan Policy DT -9. The Planning Commission adopted Resolution No. 2015-
08 approving the project and taking related actions.
F. On August 24, 2015, Jim Mantegani filed a timely appeal of the Commission's decision
on the merits of the project. The appeal did not challenge the approval on the basis of
compliance with the California Environmental Quality Act.
G. On September 16, 2015, the Town Council held a public hearing to consider the appeal
and considered all testimony and evidence in the record. At the conclusion of the
public hearing, the Town Council voted 4-0 to direct staff to prepare a resolution
denying the appeal, with one added condition of approval. Additional specific findings
made by the Town Council in denying the appeal are set forth in Exhibit "A", attached
hereto, incorporated herein, and made a part of this Resolution.
Section 2. Disposition of Mitigated Negative Declaration and MMP.
NOW, THEREFORE, BE IT RESOLVED that the Town Council finds that the
Mitigated Negative Declaration for the project was properly approved by the Planning
Commission and was not challenged in the appeal. The Town Council finds that the Planning
Commission's adoption of the Mitigated Negative Declaration and Mitigation Monitoring
Program was final as of August 12, 2015.
Section 3. Approval of Transfer of Intensity.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Town Council upholds
the Planning Commission's approval of a transfer of intensity of up to 3,220 square feet of
floor area from the property identified as Assessor Parcel No. 058-171-86, commonly known
as the Beach Road Parking Lot, to the subject property, pursuant to General Plan Policy DT -9.
Section 4. Denial of the Appeal: Added Condition of Approval.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Town Council hereby
denies the appeal and upholds the Planning Commission's approval of the conditional use
TIBURON TOWN COUNCIL
RESOLUTION NO. XX -2015 --1-12015 2
permit application, adding a condition of approval No. 16 regarding recordation of the transfer
of intensity subject to review and approval of the document by appropriate Town staff, with
finalized conditions of approval to read as follows:
1. This use permit approves construction of an up to approximately 6,004 square
foot, three-story commercial/residential building, as generally shown on the
project application drawings (13 sheets) prepared by Zwick Architects and
received by the Town of Tiburon on August 3, 2015.
2. Any initial commercial use proposed for the building shall require a separate
use permit for that specific use prior to commencement of said use.
3. Condominiumization of the building shall require a separate condominium use
permit from the Town.
4. Building height is approved at up to approximately 38 feet, with exceedances
allowed as set forth in Municipal Code section 16-30.050(D) for certain
elements, subject to site plan and architectural review approval by the Design
Review Board.
5. All mitigation measures set forth in Exhibit A (Mitigation Monitoring Program)
to Planning Commission Resolution No. 2015-09 are incorporated as conditions
of approval on the project.
6. Two (2) on-site parking spaces are provided for the two residential units.
Pursuant to provisions of Tiburon Municipal Code Section 16-32.030, or
successor sections thereto, all other required parking for all the uses in the
building may be provided off-site by recorded covenant or long-term lease.
Required parking for the uses in the building shall be maintained at all times in
the Beach Road Parking Lot (APN 058-171-86), which is under the same
ownership as the project site. A minimum of one (1) parking space shall be
permanently identified and marked in this off-site lot for the exclusive use of
two residential units in the building, increasing to two (2) spaces if the units are
held in condominium ownership. The project as proposed would currently
require twenty-three (23) parking spaces for the non-residential component of
the building (based on up to 62 indoor seats and up to 30 outdoor seats), but the
precise required number of parking spaces for commercial use of the building
and their method of identification (if any) shall be determined at the time of
separate use permits issued for such non-residential use. Occupancy of the
building shall not be permitted until such time as the provisions of Municipal
Code Section 16-32.030 shall have been fulfilled. Loss of the availability of the
required parking spaces at any time for purposes of the building approved
herein shall be grounds for amendment or revocation of this conditional use
permit. Bicycle and motorcycle parking shall be provided as set forth in
Municipal Code Sections 16-32.060 and 16-32.070, and shall be finalized as
TIBURON TOWN COUNCIL
RESOLUTION NO. XX -2015 --/--/2015 3
part of the Site Plan & Architectural Review approval. A separate loading berth
shall not be required in association with this project.
7. Site Plan & Architectural Review approval for demolition of the existing
building and construction of a new building shall be secured prior to issuance of
a building permit for the new building. At that time, the project shall comply
with requirements of Tiburon Municipal Code Chapter 16C (Recyclable
Collection Area).
8. As part of the review of the Site Plan and Architectural Review application for
this project, the Design Review Board is directed to minimize the mass of the
third story building elements, including the elevator, mechanical space and
stairways, to increase light to the light well of the building. The Design Review
Board is further directed to address the size of the third story deck to ensure that
it is appropriate to the scale of the residential unit it serves and does not
unnecessarily add to the visual mass of the building when viewed from Tiburon
Boulevard. The Design Review Board shall also review the openness of the
third story deck railings so that the railings do not unnecessarily add to the
visual mass of the building or affect light to the building at 1690 Tiburon
Boulevard.
9. Construction of the building shall comply with the flood regulations set forth in
Tiburon Municipal Code Chapter 13D that are in effect at the time the building
permit is issued.
10. Applicable traffic mitigation fees shall be paid at the time of building permit
issuance.
11. Housing in -lieu fees shall be paid at the time of building permit issuance for the
residential units in accordance with Chapter 16, Article VII of the Tiburon
Municipal Code.
12. Applicants agree to financially contribute to a future Town project to improve
the Tiburon Boulevard frontage and reduce pedestrian congestion as identified
in General Plan Policy DT -30 and Program DT -r. Said contribution amount
shall be finalized prior to issuance of a building permit for this project.
13. The Town reserves the right to amend or revoke this Conditional Use Permit for
cause, in accordance with adopted regulations of the Town.
14. This Conditional Use Permit approval shall become null and void if not vested
within two (2) years of final approval of this conditional use permit, unless a
time extension is granted.
15. If this permit approval is challenged by a third party, the property
owner/applicant will be responsible for defending against this challenge. The
TIBURON TOWN COUNCIL
RESOLUTION NO. XX -2015 --/--/2015 4
property owner/applicant agrees to defend, indemnify and hold the Town of
Tiburon harmless from any costs, claims or liabilities arising from the approval,
including, without limitations, any award of attorney's fees that might result
from the third party challenge.
16. Prior to issuance of a building permit for the new building, permit holder shall
cause to be recorded against Assessor Parcel No. 058-171-86 (Beach Road
Parking Lot donor parcel) a document memorializing the reduction of
commercial development potential in floor area pursuant to the transfer of
intensity authorized by this conditional use permit. Said document shall be
reviewed and approved by the Director of Community Development and Town
Attorney prior to recordation.
PASSED AND ADOPTED at a regular meeting of the Town Council on October 21,
2015, by the following vote:
AYES:
NAYS:
ABSENT:
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Attachment: Exhibit "A" ---Additional Findings
TIBURON TOWN COUNCIL
FRANK X. DOYLE, MAYOR
TOWN OF TIBURON
RESOLUTION NO. XX -2015 /- 12015 5
EXHIBIT "A"
ADDITIONAL FINDINGS
(A) The Town Council finds, based upon the application materials and analysis provided in the March
25, May 13, and August 12, 2015 Planning Commission Staff Reports, and the September 16,
2015 Town Council Staff Report, and the entire record on appeal, that the project as approved by
the Planning Commission is, on balance, consistent with the goals and objectives of the Tiburon
General Plan, as set forth below.
(1) Finding: The subject site is designated in the General Plan Downtown Element and Land
Use Element as "Neighborhood Commercial (NC)", which typically allows resident -serving
commercial uses and offices in addition to mixed (commercial/residential or office/residential)
uses. The project would be consistent with this land use designation.
(2) Finding: The project is consistent with the following goals, policies and programs of the
Downtown Element of the Tiburon General Plan as set forth below.
Goal DT -E:
Goal DT -F:
Policy DT -4:
Policy DT -6:
To support and encourage mixed-use development in Downtown, especially
in order to provide affordable housing opportunities. Finding: The project
would involve the construction of a mixed-use commercial and residential
building. The subject property is not located within an Affordable Housing
Overlay zone and the proposed condominium units are not intended to
provide affordable housing. The small size of the property and limited unit
count make this site impractical for provision of affordable housing units.
To enhance Downtown's public facilities and amenities for the benefit of all
users. Finding: The project would potentially provide outdoor cafe seating
that is recognized as an amenity for Downtown Tiburon. As noted in the
discussion under Policy DT -30 below, the project would contribute
financially to congestion -relieving pedestrian circulation improvements near
the intersection of Tiburon Boulevard and Juanita Lane.
Mixed-use, such as commercial/residential, shall be encouraged in the
commercial areas of Downtown Tiburon, especially in the areas designated
with the Affordable Housing Overlay. Finding: See discussion under Goal
DT -E above.
To preserve and enhance the unique character of Downtown Tiburon,
Downtown buildings may be rebuilt or reconstructed to the same FAR as
exists, provided that the resulting building substantially conforms to the
guidelines of the Downtown Tiburon Design Handbook. Finding: The
proposed project would increase the floor area for the property up to a total
of approximately 6,000 square feet, which is larger than the reconstruction
allowance set by this policy. The applicants propose to transfer up to 3,220
square feet of development intensity from property occupied by the Beach
Road parking lot (Assessor Parcel No. 058-171-86), which is under the same
TIBURON TOWN COUNCIL
RESOLUTION NO. XX -2015 --/--/2015 6
Policy DT -9:
Policy DT -12:
Policy DT -17:
Policy DT -26:
ownership as the subject property, thus conforming with this policy and
Policy DT -9. The Town Council has received documentation that adequate
development potential exists on the Beach Road parking lot site in order to
qualify for the transfer, and is imposing an additional condition of approval
requiring a recorded instrument to document the decreased commercial
development potential of the Beach Road parking lot parcel as a result of the
transfer.
Transfers of Intensity A transfer of intensity between commercially -
designated Downtown properties (NC and VC districts) may be permitted
subject to discretionary review (conditional use permit) by the Town,
without requiring General Plan or Zoning Ordinance amendments. Finding:
The proposal is consistent with this policy. See discussion under DT -6
above.
The Neighborhood Commercial land use designation shall permit primarily
resident -serving commercial and residential uses. The maximum allowable
intensity for lands designated Neighborhood Commercial is an FAR of 0.37,
except where a Transfer of Intensity is approved consistent with Policy DT -
9. Finding: The proposed uses of restaurant or restaurant/retail and dwelling
units are consistent with this policy. The project would substantially exceed
the 0.37 FAR by employing a transfer of intensity from another identically -
owned parcel in the Downtown area pursuant to General Plan Policy DT -9.
The Town Council fords the transfer of the floor area from the Beach Road
parking lot parcel to the subject parcel to be appropriate in that the subject
parcel is located in the Downtown core area and in a location that suits the
higher intensity of development and is generally characterized by buildings
developed at well above the 0.37 FAR.
Throughout Downtown New buildings or alterations to existing buildings in
the Downtown should substantially adhere to the guidelines set forth in the
Downtown Tiburon Design Handbook. Finding: This conditional use permit
approves maximum building parameters subject to subsequent zoning
permit review and approval. As described above, the proposed building
design would generally be consistent with the overall policies for new
development along Tiburon Boulevard. However, the details of the final
proposed project design will be reviewed for consistency with other Zoning
Ordinance requirements and Downtown Tiburon Design Handbook
guidelines through the Site Plan and Architectural Review permit process.
Tiburon Boulevard Retail storefronts and active outdoor spaces for
community gathering, such as sidewalk cafes, are strongly encouraged, in
order to make strolling along Tiburon Boulevard a stimulating and
enjoyable activity. Finding: The proposed project would include a ground
floor restaurant space fronting onto Tiburon Boulevard and Juanita Lane,
TIBURON TOWN COUNCIL
RESOLUTION NO. XX -2015 --/--/2015 7
Policy DT -28:
with the potential for outdoor seating provided along both building frontages
subject to future permit processes.
Tiburon Boulevard A mix of two- and three-story buildings is encouraged
for new construction. Finding: The proposed building is consistent with
this policy. Downtown Tiburon currently has mix of one, two and three-
story buildings, including a similar three-story building at 41 Main Street.
The directly adjacent property at 1690 Tiburon Boulevard is developed with
a two-story commercial and office building.
Program DT -d: Over the long-term, implement installation of streetscape improvements to
Tiburon Boulevard's public right-of-way as described in the Downtown
Tiburon Design Handbook. These improvements may include, but are not
limited to, widening sidewalks to a minimum of eight feet; providing a
landscaped planter strip between sidewalks and streets on both sides of
Tiburon Boulevard; installing new street trees in these planter strips; and
replanting the existing median strip with lower -growing vegetation. Finding:
The subject property adjoins the Tiburon Boulevard right-of-way but is
separated from the Tiburon Boulevard travelway by angled public parking
spaces and a driveway and median/sidewalk area parallel to the property
frontage. The sidewalk along the Tiburon Boulevard frontage of the
property is currently approximately 8 feet wide and is not proposed to be
changed by this project. However, the project would contribute to
pedestrian congestion relief in this area as set forth in Policy DT -30 below.
Policy DT -30:
Program DT -r:
Identify and remedy congestion points to pedestrian and bicycle circulation
in Downtown, such as near the Juanita Lane/Tiburon Boulevard
intersection and at the Mar West Street/Tiburon Boulevard intersection.
Finding: A condition of approval requires that the applicant contribute
financially to future Town -sponsored improvements near this intersection to
remedy the pedestrian and bicycle congestion issues.
Relieve the pedestrian congestion points near the intersection of Juanita
Lane and Tiburon Boulevard through physical changes and unproved
enforcement of the public right-of-way. Finding: See discussion under DT -
30 above.
(B) The Town Council finds that the project would be consistent with the General Development
Standards of the Neighborhood Commercial zone as set forth in Section 16-22-040 of the Zoning
Ordinance in that the maximum height would be 38 feet, the number of floors would not exceed
three, the floor area would comply with the transfer of intensity provisions allowed, and the
restaurant (or restaurant/retail) and residential uses as proposed comply with the requirements of
that section.
TIBURON TOWN COUNCIL
RESOLUTION NO. XX -2015 --/--/2015 8
(C) The Town Council finds that the project would be consistent with the purposes and factors to be
considered in determining whether or not any conditional use should be permitted in a specific
location listed in Sections 16-52.040 (B) and 16-52.040 (D) of the Tiburon Zoning Ordinance, as
follows:
(1) 16-52.040 (B)
1. Determine whether the location proposed for the conditional use is properly related
to the development of the neighborhood or vicinity as a whole.
Finding: The Town Council finds that the Planning Commission considered the
relationship of the proposed building and uses to the neighboring commercial development
and to Fountain Plaza, and concluded that as modified and redesigned, the building and
uses would be properly related to the development in the Downtown vicinity as a whole.
The Town's policies encourage a mix of two and three story buildings in this area, with an
enhanced height of 38 feet allowed on properties with Tiburon Boulevard frontage.
Council finds that the addition of the "light well", the reduced size and relocation of the
partial third floor, and the conditions directing special attention by the Design Review
Board to certain second and third story elements are adequate to ensure a proper
relationship between the project and its surroundings. The proposed ground floor
restaurant use is the same use as currently occupies the site, and the option of a small retail
component on the ground floor in addition to the restaurant use would also be properly
related to the surroundings. The residential uses proposed for the second and third floors
would be compatible with and properly related to surrounding office, retail, and service
uses.
2. Determine whether the location proposed for the particular conditional use would
be reasonably compatible with the types of uses normally permitted in the
surrounding area.
Finding: The Town Council finds that the Planning Commission appropriately considered
the relationship of the proposed building and uses to the neighboring commercial
development and to Fountain Plaza, and concluded that as modified and redesigned, the
building and uses would be reasonably compatible with these surrounding uses. The Town
Council finds that the addition of the "light well", the reduced size and relocation of the
partial third floor, and the conditions directing special attention by the Design Review
Board to certain second and third story elements are adequate to ensure a proper
relationship between the project and its surroundings. The Town Council finds that the
"courtyard" style of the adjacent commercial building at 1690 Tiburon Boulevard provides
natural light to the individual second floor offices in addition to light that will reach these
spaces through the light well. The proposed ground floor restaurant use is the same use as
currently occupies the site, and the option of a small retail component on the ground floor
in addition to the restaurant use would also be properly related to the surroundings. The
residential uses proposed for the second and third floors would be compatible with
surrounding office, retail and service uses.
TIBURON TOWN COUNCIL
RESOLUTION NO. XX -2015 --/--/2015 9
3. Evaluate whether or not adequate facilities and services required for such use exist
or can be provided.
Finding: The Town Council finds that the site is already developed with commercial
structures and uses and has all basic utilities serving the site. Parking demand for the
proposed uses will be equal to or less than the existing uses, and adequate parking exists in
off-site lots in the Downtown area that have historically provided the parking for uses on
this site. Two on-site parking spaces would be created on the site where none currently
exist.
4. Stipulate such conditions and requirements as would reasonably assure that the
basic purposes of this Zoning Ordinance and the objectives of the General Plan
would be served.
Finding: The Town Council finds that the conditions imposed by the Planning
Commission, and the additional condition imposed by the Town Council, will reasonably
assure the basic purposes of Town regulations as they apply to the new building.
Conditions imposed require Site Plan and Architectural Review approval for the building
and separate use permits for any commercial uses occupying the ground floor. Conditions
imposed also address adequacy of parking, design features to reduce light impacts of the
adjacent building, compliance with flood regulations, and so forth.
S. Determine whether the Town is adequately served by similar uses presently existing
or recently approved by the Town.
Finding: The Town Council finds that the proposed restaurant use would essentially
replace existing restaurant uses in the current building and that said replacement would be
consistent with this factor. The proposed new housing units are encouraged in the
Downtown area by the Town's General Plan policies to increase customer base and
increase Downtown vitality.
(2) 16-52.040 (D)
1. The relationship of the location proposed to the service or market area of the
use or facility proposed; transportation, utilities, and other facilities required to
serve it, and other uses of land in the vicinity.
Finding: The Town Council finds that the proposed mixed-use commercial and
residential building would be well situated to provide a restaurant with desirable
outdoor cafe seating in Downtown, as well as introducing two new dwelling units to the
mix of commercial and residential uses in the area. The location of the site along
Tiburon Boulevard provides readily accessible transportation, utilities and other support
facilities in the immediate vicinity.
TIBURON TOWN COUNCIL
RESOLUTION NO. XX -2015 --/--/2015 10
2. The compatibility of the design, location, size, and operating characteristics
with the existing and future land uses in the vicinity.
Finding: The Town Council finds that the location, size and operating characteristics of
the proposed ground floor restaurant would be similar to the combined operations of the
two existing restaurants on the site and that the proposed housing units would be
compatible with adjacent office and service uses. The Town Council further finds that
as modified and redesigned, the proposed building and uses would be reasonably
compatible with these surrounding uses in that the addition of the "light well", the
reduced size and relocation of the partial third floor, and the conditions directing
special attention by the Design Review Board to the scale, extent and design of certain
second and third story elements are adequate to ensure a proper relationship between
the project and its surroundings. The Town Council finds that the "courtyard" style of
the adjacent commercial building at 1690 Tiburon Boulevard provides natural light to
the individual second floor offices in addition to light that will reach these spaces
through the light well.
3. The probability of impairment to the architectural integrity and character of the
zoning district in which it is to be located.
Finding: The Town Council finds that the Downtown area is characterized by a mix of
one, two, and three story buildings generally of wood -frame construction. The exterior
design of the proposed building would utilize decorative wood siding and trim and
would be consistent with other buildings in Downtown Tiburon. The partial third floor
is set back toward the rear of the building, thus providing street -front relief and
breaking up potential visual mass. The building mass and scale would be compatible
with the character of surrounding commercial buildings in that the Downtown Tiburon
Design Handbook states that "Tiburon Boulevard is recognized as the area that is most
amenable to architectural change through new development, particularly in terms of
building shape, facade treatment, street orientation and public sector improvements."
The proposed building design would be generally similar in character to other buildings
along Tiburon Boulevard, and the increased mass of and design changes to the building
would be consistent with the allowances made in the Handbook for "architectural
change through new development." The Handbook also states that for properties along
Tiburon Boulevard "front facades should be kept close to the sidewalks in order to
encourage and support pedestrian activity. Retail storefronts and active outdoor spaces
and uses, such as sidewalk cafes, are strongly encouraged, in order to make strolling
along Tiburon Boulevard a stimulating and enjoyable activity." The proposed building
facade would be adjacent to the sidewalks and would provide opportunities for
sidewalk cafe use. The Handbook also includes design -specific guidelines that would
be reviewed in detail through the Site Plan and Architectural Review process for this
building.
TIBURON TOWN COUNCIL
RESOLUTION NO. XX -2015 --/--/2015 I 1
4. The protection of the public interest, health, safety, convenience, or welfare of
the Town, or any probability of injury to property or improvements in the
vicinity and zoning district in which the real property is located.
Finding: The Town Council finds that the proposed replacement of an obsolete structure
with a new building built to current construction standards would improve the public health
and safety at this location. The Town Council finds that the addition of the "light well",
the reduced size and relocation of the partial third floor, and the conditions directing special
attention by the Design Review Board to certain second and third story elements are
adequate to ensure a proper relationship between the project and its surroundings. The
Town Council acknowledges that natural light reaching certain office spaces in the adjacent
commercial building at 1690 Tiburon Boulevard would be reduced by the construction of
this project. However, the Town Council finds that the "courtyard" style of the adjacent
commercial building at 1690 Tiburon Boulevard provides natural light to the individual
second floor offices in addition to light that will reach these spaces through the proposed
light well of the new building. The proposed ground floor restaurant use is the same use as
currently occupies the site, and the option of a small retail component on the ground floor
in addition to the restaurant use would also be properly related to the surroundings. The
residential uses proposed for the second and third floors would be compatible with
surrounding office, retail and service uses and will not cause material injury.
5. The need of the community for additional numbers of such uses, paying
particular heed to whether the neighborhood or vicinity is already adequately
served by similar uses.
Finding: The need for restaurants with outdoor cafe seating is expressed in both the
Downtown Element of the Tiburon General Plan and the Downtown Tiburon Design
Handbook The Town's Land Use, Downtown, and Housing Elements of the General
Plan also express a desire for additional housing opportunities in Downtown Tiburon.
(D) The Town Council finds that the project would be consistent with Parking and Loading
Regulations set forth in Zoning Ordinance Section 16-32. Specifically, the Council finds that:
1) the project would comply with Section 16-32.110 in that as approved the increment of
parking required for the project would be equal to or less than existing uses on the site and no
additional off-street parking is required beyond that already associated with the building in off-
site lots; 2) deed restrictions will be required for the one or two required residential parking
spaces in the off-site parking lot to augment on-site parking proposed for the residential units
consistent with Section 16-32.030; the Planning Director has waived the loading berth
requirements as set forth in Section 16-32.090; and provision of motorcycle parking (Section
16-32.070) and bicycle parking (Section 16-32.060) are required as conditions of approval in
the Beach Road parking lot.
(E) The Town Council finds that the project complies with Chapter 16C of the Tiburon Municipal
Code that requires "adequate, accessible and convenient areas for collecting and loading
recyclable materials" in that the project includes an area along Juanita Lane toward the rear of
the building for garbage and recycling purposes.
TIBURON TOWN COUNCIL
RESOLUTION NO. XX -2015 --/--/2015 12
STAF ' REPORT
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
October 21, 2015
Agenda Item: CC-5-
BACKGROUND
C5 j
To: Mayor and Members of the Town Council
From: Administrative Services Department
Subject: Investment Summary — August 2015
Reviewed By:
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 August 31,2 015.
ANALYSIS
Agency
Investment
August 2015
Amount
Interest Rate
Maturity
Town of Tiburon
Local Agency
Fund (LAIF)
$21,520,530.30
0.330%
Liquid
Housing note to
Town Manager
$ 800,000.00
0.260%
Based on
Contract
Money Market
(Bank of Marin)
$ 100,000.00
0.10%
Liquid
Total
$22,420,530.30
The total funds invested at the end of the prior month were $22,595,530.30; therefore the Town's
investments decreased by $175,000 over July 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 August 2015
Prepared By: Heidi Bigall, Director of Administrative Services
To:
From:
Subject:
Reviewed By:
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of the Town Council
Administrative Services Department
Investment Summary — September 2015
Town Council Meeting
October 21, 2015
Agenda Item: CC -
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 September 30,2 015.
ANALYSIS
Agency
Investment
September 2015
Amount
Interest Rate
Maturity
Town of Tiburon
Local Agency
Fund (LAIF)
$20,670,530.30
0.337%
Liquid
Housing note to
Town Manager
$ 800,000.00
0.260%
Based on
Contract
Money Market
(Bank of Marin)
$ 100,000.00
0.10%
Liquid
Total
$21,570,530.30
The total funds invested at the end of the prior month were $22,420,530.30; therefore the Town's
investments decreased by $850,000 over August 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 reconunends that the Town Council:
Move to accept the Investment Summary for September 2015
Prepared By: Heidi Bigall, Director of Administrative Services
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
October 21, 2015
Agenda Item: ec _7
STAFF REPORT
To:
From:
Mayor and Members of the Town Council
Office of the Town Manager
Subject: Recommendation to Approve Dairy Knoll Lease Amendment Authorizing
The Ranch to Enter Into Contract to Place Solar Panels on the Roof of Dairy
Knoll
Reviewed By:
The staff report will be provided to the Town Council and made publicly available either
tomorrow, October 16, 2015 or on Monday, October 19, 2015.
Town of Tiburon Staff Report Page 1 of 1
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
October 21, 2015
Agenda Item: CC___
STAFF REPORT
To:
From:
Mayor and Members of the Town Council
Office of the Town Manager
Subject: Recommendation to Approve Lease Amendment to Authorize The Ranch to
Enter Into Contract to Place Solar Panels on the Roof of Dairy Knoll
Reviewed By:
BACKGROUND
The Ranch, formerly Belvedere -Tiburon Joint Recreation Committee, is seeking Town approval
to enter into a no -cost contract with American Solar for the placement of solar panels on the roof
of the Dairy Knoll building. Belvedere Councilmember and former mayor Bob McCaskill, a
member of The Ranch Board of Directors, headed up the process of reviewing options for
obtaining solar panels for the building, and strongly recommends approval for this approach,
which he feels is the most cost-effective option for the organization with benefits that will grow
over time. The Ranch Board of Directors has endorsed this approach.
The Ranch's occupancy of Dairy Knoll from the Town is governed by a lease which sets forth
terms, including a provision that The Ranch pays all utility costs. It also requires The Ranch to
seek permission prior to making any modifications to the building, hence this request from The
Ranch Board of Directors for authorization. If Council wishes to approve this request, Town
staff recommends it do through a lease amendment to specifically authorize this installation
and clarify that the Lease's existing provisions that The Ranch indemnify the Town with regard
to improvements would apply to it.
ANALYSIS
The Proposal
The proposed Power Purchase Agreement between The Ranch and American Solar calls for the
latter to install SunPower solar panels on Dairy Knoll at no cost to The Ranch. There are two
driving forces behind the use of this approach rather than simply purchasing and installing
solar panels: One is the need to finance or pay cash for solar panels, either of which would be a
financial challenge for The Ranch, and the other is that, as a non-profit, The Ranch cannot take
Town of Tiburon Staff Report Page 1 of 3
advantage of the ample tax credits available for solar energy systems. Working with a private
company resolves both of these issues. American Solar can use and pass through the tax credit
savings, and will install the panels at no cost, as it recoups its investment over time with the
power generated while still driving down the cost of energy The Ranch uses at Dairy Knoll.
The Agreement is detailed in Exhibits 1. and 2.
Lease Amendment
The proposed Lease Amendment (Exhibit 3) addresses two issues for the Town related to this
proposal: assuring the roof work is covered by an appropriate warranty (as the roof is the
ongoing responsibility of the Town), and reaffirming The Ranch responsibility for this
significant tenant improvement of a town building.
Roof. American Solar reports that it will engage a separate roofing company to "flash" the
installation and insure there no leaks or damage to the roof as a result of installation. The Lease
Agreement requires that the Town be provided with a warranty for the new roof work in a form
that is acceptable to the Town Attorney.
Responsibility. Since the solar agreement is for the benefit of The Ranch as the entity
responsible for utility use and payment, and the Town is not a party to the agreement, the Lease
Amendment clarifies that The Ranch will take full responsibility for compliance with the
agreement. It also contains a provision paralleling existing lease language regarding
modifications which states that The Ranch must return the building to the Town unencumbered
by the agreement, if that is the Town's choice at that time, in the unlikely event that The Ranch
ceases to be the building occupant in the future.
The substantive new language in the Lease Amendment is in italics. If approved by the Town
Council, the Lease Amendment and the authorization it provides will be effective upon The
Ranch's execution of it.
FINANCIAL IMPACT
There is no financial impact to the Town associated with authorizing The Ranch to place solar
panels on the Dairy Knoll building. In the unlikely event that the Town's lease with The Ranch
for the facility is terminated in the future, the Town would become successor to the panels or
could require The Ranch to remove them. The benefits of the Power Purchase Agreement
increase over time, so any financial impact in the future is expected to be positive for any
building occupant whether that is The Ranch or a successor tenant.
Town of Tiburon Staff Report Page 2 of 3
RECOMMENDATION
Staff believes the Dairy Knoll building is well-suited to the installation of solar energy panels,
that solar energy is an excellent choice for the environment when feasible and that this
approach has been carefully considered by The Ranch Board of Directors. Staff therefore
recommends that the Town Council:
Approve the attached Lease Amendment and authorize the Town Manager to execute
the Amendment upon approval and execution by The Ranch Board Chair.
Prepared by: Peggy Curran, Town Manager
Benjamin Stock, Town Attorney
Exhibits:
1. Summary of American Solar Proposal
2. American Solar Proposal
3. Lease Amendment
Town of Tiburon Staff Report Page 3 of 3
EXHIBIT
HIBIJ. N O._41_,
Solar Power Purchase Proposal for the Ranch
• Power Purchase Agreement. The proposal is for what is known as a "Power Purchase
Agreement" ("PPA"). Since we are a nonprofit organization, we cannot take advantage of the
30% federal tax credit for solar panels if we buy solar panels. The solution to this problem for
nonprofits is what is known as a PPA, whereby the solar company installs solar panels on our
roof at no upfront cost to us. They then sell the energy produced by the panels to us (at a cost
lower than we currently pay to the utility companies). We sign a 20 year agreement to pay for
the energy produced by the panels. At the end of 20 years, we can purchase the panels, or
simply require that American solar remove them at no further cost to us.
• What will be our savings? Page 6 of the proposal reflects the cumulative savings to us over a 20
year period to be $575,202. The annual savings in the early years are modest, but then grow
larger in later years. The savings projections are based on a 4% escalator in the cost per kWh to
us for energy produced by the panels (as set by the PPA agreement). And it assumes a 5%
escalation in future PG&E rates (which is lower than their actual increases in recent years). As
spelled out in the proposal, we also have options to purchase the panels at various times during
the 20 year agreement, but are not required to do so.
• How much of our electricity will be generated by the panels? The system proposed is a 15.7
kW system, which is projected to generate sufficient energy to cover 93% of our projected PG&E
energy costs. (It actually would generate less than 93% of our actual energy usage, but because
of the graduated utility rates, it would cover 93% of our current costs of electricity from the
utility.) You never want a system that produces 100% of your actual electricity usage, since you
want to be able to take advantage of the very low utility rates for low amounts of electricity
purchased from PG&E under their graduated rate structure.
• What company manufactures the solar panels sold and installed by American Solar? American
Solar only sells and installs panels manufactured by SunPower Corporation, a publicly traded
U.S. company based in San Jose. SunPower's majority shareholder is Total S.A (a French
company which is the world's 11th largest company). SunPower panels are recognized as being
the highest quality and most energy efficient panels on the market today (albeit at a slightly
higher cost than many of their competitors). SunPower offers the industry's only 25 year
warranty that covers both product and power. It has the largest residential and commercial
install base in the U.S., with over 100,000 residential installations and over 7 million panels
installed worldwide. SunPower panels sold in the U.S are manufactured in North America (in
California and Mexicali, Mexico). SunPower panels are the most efficient panels on the market,
delivering 30% to 40% more power per sq. ft. of panel, and have the lowest warranted
degradation rate in the industry. Its panels are black, and therefore more aesthetically pleasing
than many other panels. You can visit the SunPower website at www.sunpower.com . American
Solaris one of four authorized SunPower dealers in the Bay Area.
• Who is responsible for repairs and maintenance of the panels during the 20 -year
period? American Solar bears all responsibility for repairs and maintenance of the panels
(including annual cleaning of the panels) during the entire period of the PPA agreement.
EXHIBIT NO., -2/
'� �' Solar
American
Solar Photovoltaic System
Power Purchase Recommendation
For
The Ranch
Tiburon, California
January 5, 2015
Confidential 1 www.AmericanSolar.Net 1 888 -SOLAR -51 ( 888-765- 2051 fax 1 License #905389
Notice: American Solar Corporation reserves all rights to the materials contained in this Recommendation. This Recommendation or its
contents may only be shared with parties other than the intended client and their representatives, by written permission of American
Solar Corporation.
. = S merican
Clean Energy for Life''
January 5, 2015
Cathleen Andreucci
Executive Director
The Ranch
600 Ned's Way
Tiburon, CA 94920
RE: Solar Photovoltaic System and Power Purchase Agreement (PPA) Recommendation
Dear Cathleen,
Thank you for the opportunity to provide you with this Recommendation for a Solar Photovoltaic System for The
Ranch. This is an excellent time to be installing solar for so many reasons; the opportunity for saving money on
rapidly increasing energy costs is immediate, the incentives are excellent, the price of solar has never been more
affordable, and most importantly, the value to our environment is more imperative than ever. In the case of The
Ranch, there is also a fantastic opportunity to be an example to the community.
American Solar is very proud to introduce our Solar Power Purchase Agreement (PPA) program that was
designed specifically for Non -Profits, such as Churches, Schools and Community Centers. This program was
initially designed with, and approved by, the Episcopal Diocese of California to put solar on as many of its
churches as possible. It is absolutely our pleasure and honor to provide the exact same terms and quality of
system to The Ranch as well. We created this program because we feel so strongly about the mission to help
save our planet and to support non -profits that would like to go solar, but have historically been very difficult to
work with. It enables non -profits to not only spread out the cost of solar to make it more affordable, but also to
monetize some of the tax benefits that are otherwise only available to for-profit organizations. We have also
created an option for a "pre -paid" PPA to enable access to some of the otherwise unavailable tax benefits for
non -profits that would like to purchase the system instead of finance it through the PPA.
We use only the highest quality SunPower solar energy systems for our PPA's, to ensure the best long-term
performance and reliability. Our PPA program also creates a "path -to -ownership" for a system that is designed
to run for 40+ years, so that the Ranch can enjoy the many environmental and economic benefits of solar for
decades beyond the PPA.
The solution we are proposing addresses the electrical consumption of the Ranch, the installation of the highest
quality solar system available, a path to ownership (not just financing) and the desire for aesthetic appeal. We
understand the need for Tong -term value and are offering a very high quality solution that will not only save The
Ranch money, but will also help achieve the objective to become even more environmentally responsible and
sustainable, setting an example to the entire community.
We are excited to be a part of your solar project and look forward to making it a great success for you!
Sincerely,
Darren Malvin, CEO
American Solar Corporation
(415) 271-1700
American Solar - Confidential Page 1 of 14 1/6/2015
`:` American
Clean Energy For Life
SOLAR SYSTEM OVERVIEW
The Ranch's property is an excellent candidate for solar. The solution we are recommending will offset
—95% of the electricity costs for The Ranch, based on taking the historical usage for the past year and
expanding it by 20%.. The primary considerations that were taken into account for our specific
recommendations are the following:
- Aesthetics for solar should be as clean as possible.
The solar arrays will be entirely roof mounted.
- We are utilizing SunPower Solar modules for maximum efficiency, highest aesthetic, best
investment and lowest risk.
- Provide web -based real-time monitoring for The Ranch and provide a small display that shows
how much energy is being produced by the solar system, as well as showing the environmental
benefits that are provided by the solar.
- Work with The Ranch for final system design.
- Provide long-term O&M support as part of project.
EQUIPMENT RECOMMENDATIONS
Solar Modules
Inverters
Mounting System
Monitoring
48 SunPower solar modules for The Ranch, for a total system size of 15.7
kW. Because of their efficiency, fewer SunPower modules (and less space)
will offset the same amount of energy as conventional solar modules.
2 SMA transformer -less inverters. These inverters offer the most modern
technology and highest performance efficiency (-98%).
American Solar only uses corrosion resistant materials consisting of
stainless steel, anodized aluminum or galvanized metals for all installations.
Integrated SunPower Monitoring system with comprehensive internet
access to monitoring and a Kiosk Display for Main Entrance.
ENVIRONMENTAL BENEFITS (SUMMARY)
Over the first 25 years, this solar System will:
Reduce CO2 emissions by over 880,000 pounds
Save about 160,000 gallons of water from conventional generation of electricity
- This is equivalent to not driving over 1.6 million miles or planting 9 acres of trees.
This positive environmental impact is such an important part of why solar needs to be implemented!
American Solar - Confidential Page 2 of 14 1/6/2015
••American
%v.*•
Solar
Clean Energy for Life
TA,
SYSTEM SIZING AND DESIGN
In order to size the solar system, we utilized the recent usage history and added another 20% for expected
expanded usage. Because SunPower modules are so efficient, this system should be able to offset most of
the electric bill for The Ranch, while keeping a clean aesthetic for the system. We use a combination of
tools including SunPower's exclusive tool PVSim, System Advisor Model (SAM) from the National
Renewable Energy Laboratory (NREL), as well as our proprietary modeling tool, Ongrid. All of these models
take into account the unique variables for each site that we evaluate, as well as the available sunlight,
equipment chosen and how it is installed.
Please see below for more detail about SunPower. Attached is supplemental information that clearly
demonstrates why SunPower is not only a superior investment, but more importantly, a much lower risk
investment that is truly worth owning, as opposed to essentially renting through other's traditional PPA
programs.
The following is the proposed layout for the Solar Photovoltaic System that we are recommending. This is a
beautiful design that will not only look great but will demonstrate The Ranch's commitment to the
environment to all. This design is preliminary and is subject to review by local fire departments, and also to
optimizing if you approve this project and general concept.
THE RANCH
15.7kW PHOTOVOLTAIC ARRAY
(48) SUNPOWER 327W PV MODULES
(48)'(327W) = 15,696W DC
10 DEGREE TILTED PV ARRAYS
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American Solar - Confidential
Page 3 of 14
1/6/2015
American
Solar
Clean Energy .For Life
Since The Ranch is a Non -Profit organization, the most advantageous way to structure installing a solar
system is to utilize a PPA, where the tax benefits can be effectively monetized and passed through to
The Ranch. The PPA will also allow The Ranch to maintain cost control and predictability for its
electricity costs going forward, instead of being subject to the unknown fluctuations of future energy
costs from the local utility.
PPA's are an excellent platform for implementing a solar project. Most customers can see immediate
savings in energy costs and keep all of the intrinsic values of solar, without the large up -front capital
costs or ongoing maintenance requirements. Our PPA program is also very flexible, and allows for pre-
payment of the PPA to get the best long term value this type of financing can offer, as there is a deep
discount for up -front payment. In either scenario, The Ranch will only pay for the actual electricity
produced, and in a pre -paid PPA there will be regular reconciliations in case there is any missed solar
production. The basic way a PPA works is that American Solar will install, own and operate the solar
system on the facilities of The Ranch and only charge The Ranch for the actual electricity produced
from the solar system. There is no ongoing maintenance required, since American Solar will provide all
maintenance as part of operating the system. With this structure, The Ranch can have the rewards of
solar and monetize the tax benefits associated with solar installations.
As part of the PPA structure, The Ranch will also receive favorable buyout options throughout the term
of the PPA, creating a "path to ownership", once the tax benefits have been realized. By coupling this
concept with a SunPower solution, The Ranch can be assured to have the best possible system with the
lowest cost of ultimate ownership.
American Solar's PPA has several advantages that distinguish it from other PPA Choices.
• American Solar only uses SunPower Solar Modules for its PPA's, which are unequivocally the
best solar modules available. SunPower offers the only true 25 year warranty, has an expected
minimum lifespan of 40 years, the finest aesthetics, best performance, best return and lowest
risk of any solar system available.
• The American Solar PPA is offered by American Solar, not a 3rd party financier. American Solar
will design, build, finance and support the entire project, so there is only one company interface
for all aspects of the project.
• The American Solar PPA is designed to be a "Path to Ownership" for non-profit organizations.
Because the system we provide is such a high-quality, well warranted system, it will still have
many years of useful, productive life left at the end of the PPA, while still under warranty, with
only a very small buyout required. Most other companies offering PPA's are utilizing lower
quality "conventional" solar modules that will not have much, if any, useful life or warranty left
at the end of the PPA Term.
American Solar - Confidential Page 4 of 14 1/6/2015
American
Solar
Clean Energy for Life
1,14'11/4,1cD:n
• American Solar ("ASC" or "Provider") will construct a solar electric facility with a capacity of
15.7 Kilowatts on The Ranch (the "Solar Facility" or "Project").
• Total savings over the 25 year warranted life of the system for the $0 -down program will be
$108,151, or 34.3% (see Cash Flow below). Savings over the expected 40 year life of the system
will be $575,202.
• The Ranch ("Host" or "The Ranch") shall enter into a license agreement authorizing the
construction and operation of the Solar Facility.
• The Solar Facility will be constructed at no risk to Host.
• Host and Provider will enter into a 20 year Power Purchase Agreement ("PPA") pursuant to
which Host will only purchase the actual electricity produced by the Solar Facility.
• The electricity produced will be sold to Host at an initial flat rate (no tiers) of $0.2692 per kWh
for the solar generated electricity. (Adjusted for the Net Metering leverage - considering a kWh
offset of only 72%, this rate is equivalent to a utility rate of only about $0.194 per kWh.
• The PPA price shall increase at a rate of 4% per year, which is less than the long-term historical
price increases of retail commercial electricity ('"6% per year — our modeling only assumes 5%).
• Projections assume SunPower module annual degradation of 0.2% (much lower than for
conventional panels which are about 1.25% per year).
• The PPA will provide buyouts as follows:
Buyout Year
Buyout Price
Year 0 Pre -Paid PPA
$ 67,584
Year 6 Buyout
$ 68,767
Year 10 Buyout
$ 62,184
Year 15 Buyout
$ 47,139
Year 20 Buyout
$ 16,879
• American Solar will perform 100% of the maintenance on the system including regular annual
cleanings.
• Host will have full visibility into system performance and statistics via an online monitoring
platform, for its internal use, our tracking and for public display.
• American Solar will remotely monitor the performance of the system to ensure proper
operation.
• American Solar will provide a small Kiosk for public display at the entrance or other location
that The Ranch would like to display the energy output of their new solar system.
• As part of this PPA American Solar will also provide a Referral Program for The Ranch to the
members and friends of The Ranch, offering substantial discounts for solar installations for their
homes and businesses. And for each system that American Solar installs, a generous donation
will be made to The Ranch. This referral program pays $500 for each referral, and also donates
$500 to The Ranch for each project that is done.
American Solar - Confidential Page 5 of 14 1/6/2015
American
Clean Energy for Life"
PPA SUMMARY CASH FLOW COMPARISON TO NO SOLAR
Power Purchase Agreement Cash Flow - 4.0% Escalator
Revision: 8112114
Project The Ranch
Starting Price per kWh
PPA Escalator
Electridty Rate Escalator
Starting Annual kWh
Annual Performance Degredation
Starting Utility Annual Electricity Cost
Starting Utility Price per kWh
Starting Utility Bill after Solar
Buyout Option 1 5 Year 20 Buyout
$ 0.2692
4.00%
5.00%
22,665
0.20%
$ 6,612
$ 02100
$ 331
M. American
'vi' Solar
Annual (PPA) Total
Electricity Electricity Annual Utility Annual
PPA Price per Utility Price Annual Solar Cost Utility Bill Cost WITH Cost WITHOUT Savings with Cumm.
Year kWh per kWh Production WITH SOLAR After Solar Solar SOLAR Solar Savings %Savings
1 $ 0.2692 $ 0.2100 22,665 $ 6,101 $ 331 $ 6,432 $ 6,612 $ 180 $ 180 2.7%
2 $ 0.2800 $ 0.2205 22,620 $ 6,333 $ 341 $ 6,673 $ 6,943 $ 269 $ 449 3.9%
3 $ 0.2912 $ 0.2315 22,574 $ 6,573 $ 351 $ 6,924 $ 7,290 $ 366 $ 815 5.0%
4 $ 0.3028 $ 0.2431 22,529 $ 6,822 $ 362 $ 7,184 $ 7,654 $ 470 $ 1,285 6.1%
5 $ 0.3149 $ 0.2553 22,484 $ 7,081 $ 374 $ 7,454 $ 8,037 $ 583 $ 1,867 7.2%
6 $ 0.3275 $ 0.2680 22,439 $ 7,349 $ 386 $ 7,735 $ 8,439 $ 704 $ 2,571 8.3%
7 $ 0.3406 $ 0.2814 22,394 $ 7,828 $ 398 $ 8,026 $ 8,861 $ 834 $ 3,406 9.4%
8 $ 0.3542 $ 0.2955 22,350 $ 7,917 $ 411 $ 8,329 $ 9,304 $ 975 $ 4,381 10.5%
9 $ 0.3684 $ 0.3103 22,305 $ 8,218 $ 425 $ 8,643 $ 9,769 $ 1,126 $ 5,507 11.5%
10 $ 0.3832 $ 0.3258 22,260 $ 8,529 $ 440 $ 8,969 $ 10,257 $ 1,288 $ 6,795 12.6%
11 $ 0.3985 $ 0.3421 22,216 $ 8,853 $ 455 $ 9,308 $ 10,770 $ 1,463 $ 8,258 13.6%
12 $ 0.4144 $ 0.3592 22,171 $ 9,188 $ 471 $ 9,659 $ 11,309 $ 1,649 $ 9,907 14.6%
13 $ 0.4310 $ 0.3771 22,127 $ 9,537 $ 488 $ 10,024 $ 11,874 $ 1,850 $ 11,757 15.6%
14 $ 0.4482 $ 0.3960 22,083 $ 9,898 $ 505 $ 10,404 $ 12,468 $ 2,064 $ 13,821 16.6%
15 $ 0.4662 $ 0.4158 22,039 $ 10,274 $ 524 $ 10,797 $ 13,091 $ 2,294 $ 16,115 17.5%
16 $ 0.4848 $ 0.4366 21,995 $ 10,663 $ 543 $ 11,206 $ 13,746 $ 2,540 $ 18,655 18.5%
17 $ 0.5042 $ 0.4584 21,951 $ 11.068 $ 563 $ 11,631 $ 14,433 $ 2,802 $ 21,457 19.4%
18 $ 0.5244 $ 0.4813 21,907 $ 11,487 $ 584 $ 12,071 $ 15,155 $ 3,083 $ 24,541 20.3%
19 $ 0.5453 $ 0.5054 21,863 $ 11,923 $ 606 $ 12,529 $ 15,913 $ 3,383 $ 27,924 21.3%
20 $ 0.5672 $ 0.5307 21,819 $ 12,375 $ 630 $ 13,005 $ 16,708 $ 3,704 $ 31,628 22.2%
21 $ 0.5899 $ 0.5572 21,775 $ 16,879 $ 654 $ 17,533 $ 17,544 $ 10 $ 31,638 0.1%
22 $ 0.6134 $ 0.5851 21,732 $ 679 $ 679 $ 18,421 $ 17,741 $ 49,379 96.3%
23 $ 0.6380 $ 0.6143 21,688 $ 706 $ 706 $ 19.342 $ 18,636 $ 68,015 96.3%
24 $ 0.6635 $ 0.6450 21,645 $ 734 $ 734 $ 20,309 $ 19,575 $ 87,590 96.4%
25 $ 0.6900 $ 0.6773 21,602 $ 763 $ 763 $ 21,324 $ 20,561 $ 108.151 96.4%
26 $ 0.7176 $ 0.7111 21,559 $ 794 $ 794 $ 22.391 $ 21,597 $ 129,748 96.5%
27 $ 0.7463 $ 0.7467 21,515 $ 826 $ 826 $ 23,510 $ 22,684 $ 152,431 96.5%
28 $ 0.7762 $ 0.7840 21,472 $ 860 $ 860 $ 24,686 $ 23,826 $ 176,257 96.5%
29 $ 0.8073 $ 0.8232 21,429 $ 895 $ 895 $ 25,920 $ 25,025 $ 201,282 96.5%
30 $ 0.8395 $ 0.8644 21,387 $ 932 $ 932 $ 27,216 $ 26,283 $ 227,565 96.6°%
31 $ 0.8731 $ 0.9076 21,344 $ 971 $ 971 $ 28,577 $ 27,605 $ 255,170 96.6%
32 $ 0.9080 $ 0.953021,301 $ 1,012 $ 1,012 $ 30,006 $ 28,994 $ 284,164 96.6%
33 $ 0.9444 $ 1.0006 21,259 $ 1,055 $ 1,055 $ 31,506 $ 30,451 $ 314,615 96.7%
34 $ 0.9821 $ 1.0507 21,216 5 1,099 $ 1,099 $ 33,081 $ 31,982 $ 346,597 96.7%
35 $ 1.0214 $ 1.1032 21,174 $ 1,146 $ 1,146 $ 34,735 $ 33,589 $ 380,186 96.7%
36 $ 1.0623 $ 1.1584 21,131 $ 1,195 $ 1,195 $ 36,472 $ 35,277 $ 415,463 96.7%
37 $ 1.1048 $ 1.2163 21,089 $ 1,246 $ 1,246 $ 38,295 $ 37,049 $ 452,512 96.7%
38 5 1.1490 $ 1.2771 21,047 $ 1,300 S 1,300 $ 40,210 $ 38,910 $ 491,422 96.8%
39 $ 1.1949 $ 1.3410 21,005 $ 1,357 $ 1,357 $ 42,221 $ 40,864 $ 532,286 96.8%
40 $ 1.2427 $ 1.4080 20,963 $ 1,416 $ 1,416 $ 44,332 $ 42,916 $ 575,202 96.8%
20 Year Totals 444,790 177,817 9,187 187,005 218,632 31,628 14.5%
25 Year Totals 553,233 194,697 12,724 207,421 315,572 108,151 34.3%
40 Year Totals 872,123 $ 194,697 $ 28,829 $ 223,526 $ 798,728 $ 575,202 72.0%
American Solar - Confidential Page 6 of 11 1/6/2015
American
Clean Energy for Life
ADDITIONAL PROJECT INFORMATION
INSTALLATION
American Solar shall provide all system design, permit package and labor required to build the system,
all parts & materials, all coordination with PG&E for interconnection, monitoring integration, and final
commissioning, as well as thorough as -built documentation and training of maintenance personnel
upon completion of the system installation.
SAFETY
Safety is at the forefront of every project we work on. We pride ourselves in maintaining our perfect
safety record after almost a decade of installing solar projects in California and Hawaii, which our
experience modifier demonstrates. We maintain a thorough safety program including regular safety
meetings, full OSHA compliance and regular internal and 3rd party safety inspections.
LOCAL SUPPORT CAPABILITIES
American Solar is located only a few minutes away from The Ranch, so we can provide immediate
responses should any maintenance issues arise. We utilize local vendors for electrical, general
hardware, and equipment. Our team is well positioned to provide O&M service to The Ranch.
American Solar- Confidential Page 7 of 14 1/6/2015
EXHIBIT NO. 3
AMENDMENT TO TOWN OF TIBURON LEASE OF DAIRY KNOLL
BUILDING TO THE BELVEDERE TIBURON JOINT
RECREATION COMMITTEE
This Amendment ("Amendment") to the Town of Tiburon Lease of Dairy Knoll Building to the
Belvedere Tiburon Joint Recreation Committee ("Agreement") is entered into on October ,
2015, by and between the TOWN OF TIBURON, a municipal corporation (the "Town") and the
BELVEDERE-TIBURON JOINT RECREATION COMMITTEE (the "BTJR").
RECITALS
1. The Town and BTJR entered into the Agreement on December 1, 2012, whereby the Town
leased certain real property situated in the Town of Tiburon and located at 600 Ned's Way in
Tiburon, California on which the Town constructed Dairy Knoll, a building of approximately
4800 square feet, adjacent parking lot and associated improvements ("Facility"); and
2. Paragraph 7 of the Agreement states that "BTJR shall not, without the Town's prior written
consent, make any alterations, improvements or additions in or about the Facility except for
nonstructural work that does not exceed $2,000.000 in cost;" and
3. BTJR desires to enter into a contract with American Solar, whereby American Solar will
install SunPower solar panels ("Solar Panels") on the Facility at no cost to BTJR ("Solar
Contract"); and
4. The Town and BTJR desire to amend the Agreement to provide BTJR with the authority to
enter into the Solar Contract and to require BTJR to indemnify and hold harmless the Town
for any claims, damages, costs, and/or expenses created by the Solar Contract and/or the
installation of the Solar Panels on the Facility.
AMENDMENT TO AGREEMENT
NOW THEREFORE, in consideration of the foregoing recitals and for other good and valuable
consideration, the receipt and adequacy of which are hereby acknowledged, Town and BTJR
hereby enter into this Amendment, which modifies and amends the Agreement as follows:
1. Amendment. The Agreement is hereby modified and amended as follows:
1.1. Amendment to Section 4.C. Section 4.0 is hereby amended to read as
follows:
"C. Beginning with the Occupancy Date and continuing for the term of
the Agreement pursuant to Section 2, Town shall be responsible only for
maintenance of the Facility's exterior landscaping and for major building
repair and maintenance, such as roof repair and replacement and structural
and HVAC system repairs. In the event that the Solar Contract or the
installation of the Solar Panels directly or indirectly increases the Town's
expenses for maintenance or repairs as required under this Section,
including, without limitation, the maintenance or repair of the affected
1
portion of roof the BTJR will be solely responsible for paying any such
increased costs or expenses. The BTJR shall require in the Solar Contract
that American Solar shall provide the Town with a warranty for the roof
work associated with installation suitable in form and substance to the
Town Attorney prior to installation.
1.2. Amendment to Section 7. Section 7 is hereby amended to read as follows:
"7. Alterations., Improvements. The BTJR shall not, without the Town's
prior written consent, make any alterations, improvements or additions in
or about the Facility except for nonstructural work that does not exceed
$2,000.00 in cost. As a condition to giving any such consent, the Town
may require the BTJR to remove any such alterations, improvements, or
additions at the expiration of the term pursuant to Section 2 and to restore
the premises to their prior condition by giving the BTJR thirty (30) days
written notice prior to the expiration of the Agreement. Unless the Town
requires their removal as set forth above, all alterations, improvements or
additions which are made on the Facility by the BTJR shall become the
property of the Town and remain upon and be surrendered with the
Facility at the expiration of the term pursuant to Section 2. Any damage
to the Facility caused by said removal shall be repaired at the BTJR's sole
cost. The BTJR shall give the Town advance notice of the
commencement of any planned alteration, so that the Town, at its option
may post a Notice of Non -Responsibility to prevent potential liens against
the Town's Interest in the Facility. The Town may also require the BTJR
to provide the Town with lien releases from any contractor performing
work on the Facility.
A. The Town grants the BTJR permission to enter the Solar Contract
and to install Solar Panels on the Facility. The Solar Panels shall
become the sole property of the Town and remain upon and be
surrendered with the Facility at the expiration of the Term
pursuant to Section 2.
B. The Solar Contract and the Solar Panels shall be the sole
responsibility and liability of the BTJR. The Town is not a party to
the Solar Contract and the BTJR is solely responsible for
compliance with the Solar Contract. At its sole election, the Town
may require the BTJR to deliver the Facility to the Town at the
expiration of the term pursuant to Section 2 unencumbered by the
Solar Contract.
C. The BTJR's duty to indemnify, defend and hold the Town harmless,
as set forth in Section 9.B. of the Agreement, includes the duty to
indemnify, defend and hold the Town harmless against any and all
claims, damages and expenses (including, without limitation,
attorney fees), liabilities and judgments relating to or arising from
the Solar Contract or the Solar Panels.
2
D. The BTJR's responsibility for utilities and services required for the
Facility, as set forth in Section 4.G. of the Agreement, includes all
costs associated with or related to the Solar Panels."
2. General Provisions.
2.1. Remainder Unchanged. Except as specifically modified and amended in
this Amendment, the Agreement remains in full force and effect and
binding upon the parties.
2.2. Integration. This Amendment consists of pages 1 through 3 inclusive,
which constitute the entire understanding and agreement of the parties and
supersedes all negotiations or previous agreements between the parties
with respect to all or any part of the transaction discussed in this
Amendment.
2.3. Applicable Law. The laws of the State of California shall govern the
interpretation and enforcement of this Amendment.
2.4. References. All references to the Agreement herein include all its
respective terms and provisions and this Amendment. All defined terms
utilized in this Amendment have the same meaning as provided in the
Agreement, unless expressly stated to the contrary in this Amendment.
IN WITNESS WHEREOF, the Town and BTJR do hereby agree to the full performance of the
terms set forth herein.
APPROVED AS TO FORM: TOWN OF TIBURON
By: Town Manager
Town Attorney
By:
APPROVED AS TO FORM: BELVEDERE-TIBURON JOINT
RECREATION COMMITTEE
By: By:
Attorney for BTJR Chair, BTJR Committee
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