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HomeMy WebLinkAboutTC Minutes 2015-09-02TOWN COUNCIL MINUTES CALL TO ORDER Mayor Doyle called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, September 2, 2015, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell, Tollini PRESENT: EX OFFICIO: 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 ORAL COMMUNICATIONS 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 Rothrnan 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 interested citizens would be there attending that instead of the Council meeting. Town Council Minutes #17 -2015 Septennber 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) Town Council Minutes #17 -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. Town Council Minutes 1417 -2015 September 2, 2015 Page 3 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 corrunented 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 rioted 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. Councilmember 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. Town Council Minutes #17 -201.5 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 Town Council Minutes #17 -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; Town Council Minutes #17 -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 comrnunity 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 Town Council Minutes #17 -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 interne]; 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. Town Council Minutes #17 -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'Dormell 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 Town Council Minutes #17 -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 permits 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. Town Council Minutes #17 -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. Town Council Minutes #17 -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 Town Council Minutes #17 -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. Councilmernber 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. Town Council Minutes 417 -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 Town Council Minutes #17 -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 IA PI, TOWN CLERK Town Council Minutes #17-2015 September 2, 2015 Page 15