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Home My WebLink AboutTC Agd Pkt 2008-05-21 TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard . Tiburon, CA 94920 Regular Meeting Tiburon Town Council May 21, 2008 7:30 p.m. Closed Session - 6:00 p.m. Interviews - 6:20 p.m. AGENDA TIBURON TOWN COUNCIL CLOSED SESSION (6:00 p.m.) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956.9(a)) Town ofTiburon v. Sylvia; Sylvia v. Town ofTiburon Wayne v. Town ofTiburon INTERVIEWS FOR VACANCIES ON TOWN BOARDS ~ COMMISSIONS (6:20 p.m.) (Planning Commission, Design Review Board,Jt. Recreation Committee, POST Commission) . Eva Buxton - 6:20 p.m. . Jill Sperber - 6:30 p.m. . Sandra Esposito - 6:40 p.m. . Michael T ollini - 6:50 p.m. . Erin T ollini - 7:00 p.m. · John Corcoran - 7:10 p.m. . Kaeso Maas - 7:20 p.m. CALL TO ORDER AND ROLL CALL Councilmember Berger, Councilmember Collins, Councilmember Gram, Vice Mayor Fredericks, Mayor Slavitz ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION. IF ANY ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion of the Town Council unless a request is made by a member of the Town Council, public or staff to remove an item for separate discussion and consideration. If you wish to speak on a Consent Calendar item, please seek recognition by the Mayor and do so at this time. 1. Town Council Minutes - Adopt minutes of May 7, 2008 meeting (Town Clerk Crane Iacopi) 2. Tiburon Against Shark Killing (T.A.S.K.) - Consider adoption of proclamation in support of Bel Aire student committee T.A.S.K. (Town Manager Curran) 3. Caprice Restaurant Remodel- Approve contract with Leonard Charles &: Associates to prepare an Initial Study for the Caprice Restaurant CUP application (Planning Manager Watrous) 4. 100 Rolling Hills Road Subdivision - Approve Parcel Map for two~lot subdivision at 100 /110 Rolling Hills Road (Associate Planner Tyler) Owner/Applicant: Allan Littman Assessor Parcel No.: 058~ 132~40 ACTION ITEMS 1. Tiburon Glen Development Project - Review of Broom Eradication and Habitat Restoration Plan (OfrSite Tree Mitigation Plan) proposing broom removal and tree planting on a Town open space parcel along Paradise Drive below Mateo Drive, and broom removal on a Town open space parcel off Gilmartin Drive; AP Nos. 038~ 381~ 18 and 039~ 290~ 39 (Director of Community Development Anderson) PUBLIC HEARINGS 1. 430 Ridge Road - De novo review of a site plan and architectural review application for exterior modifications to an existing single~family dwelling (Associate Planner Tyler) Applicant: Mark and Lynn Garay Assessor's Parcel No. 059~082~ 22 2. 7 Wilkins Court - Request to Amend Planned Development #19 (7 &: 9 Wilkins Court) to modify a building envelope and create a landscape envelope at 7 Wilkins Court (Community Development Department) -2nd reading and adoption of ordinance Address: Assessor's Parcel No. Owners: Applicant: 7 Wilkins Court 039~070~ 32 Quentin Keith Hills Ruschmeyer &: Associates 3. Amendment to Town Contracts Ordinance - Consider repeal of existing Chapter 3A and adoption of new Chapter 3A of the Town Code pertaining to Contracts (Town Attorney Danforth) - Introduction and 1st reading of Ordinance 4. Chapter 16 (Zoning Code) Ordinance - Consider approval of text amendments to Chapter 16 of the Town Code (Zoning) to repeal sections concerning the Parks &: Open Space Commission (Director of Community Development Anderson) - 2nd reading and adoption of Ordinance TOWN COUNCIL REPORTS TOWN MANAGER'S REPORT WEEKLY DIGESTS . Town Council Weekly Digest - May 9,2008 . Town Council Weekly Digest - May 16, 2008 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) 4 35~ 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 staff reports are posted on the Town's website, www.ci.tiburon.ca.us. Materials related to an item on this agenda submitted to the Town Council after distribution of the agenda packet are available for public inspection at Town Hall during normal business hours. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability~related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action( s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing( s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing ( s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting May 21, 2008 Agenda Item: '/- l~. . . ...1-..ll1f--f' ~ I{ Ld....'S ST AFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Clerk Subject: Interviews for Vacancies on Town Boards and Commissions Reviewed By: g BACKGROUND There are a number of current or pending vacancies on Town boards and commissions- Planning, Design Review Board, Jt. Recreation, and the newly-formed POST (Parks, Open Space and Trails) commission. The Council will begin the interview process at its May 21 regular meeting and continue interviews on June 4, 2008 to fill these positions. Here is a list of current or pending vacancies and applications received, to date: PLANNING COMMISSION (One vacancy - AI Aguirre) . John Corcoran, 5 Janet Way . Elizabeth Theriot, 1 Tanfield Road . Michael Tollini, 1870 Vistazo West DESIGN REVIEW BOARD (One vacancy - Cathy Frymier) . Kaeso Maas, 99 Marinero Circle . Elizabeth Theriot, 1 Tanfield Road . Michael Tollini, 1870 Vistazo West JT. RECREATION COMMITTEE (Two vacancies - Tara Sullivan and Priscilla Tripp) . Erin Tollini, 1870 Vistazo West 'To\vn ('ound! 2L 20U8 PARKS. OPEN SPACE AND TRAILS (POST) (Five vacancies - new commission) . Jill Sperber, 171 Leland Way . Eva Buxton, 111 Hacienda Drive . Sandra Esposito, 68 Reed Ranch Road . Ralph Leighton, 578 Virginia Drive . Mindy Canter, 167 Blackfield Drive . Erin Tollini, 1870 Vistazo West . Peter Winkler, 104-A Main Street . Jim Fraser, 98 Main Street . John (Jeff) Foran, 52 Linda Vista Avenue . Mark Capell, 4410 Paradise Drive . Helen Lindqvist, 3 Cazadero Lane RECOMMENDATION Staff recommends that the Council interview the first round of applicants tonight, and the remainder on June 4 or June 18, prior to making any appointments. Exhibits: . Special Vacancy Notice - POST . Special Vacancy Notice - Planning, Design Review, Jt. Recreation . Applicants for May 21 interviewees Prepared By: Diane Crane Iacopi, Town Clerk TOWN OF TIBURON SPECIAL VACANCY NOTICE (Town Commissions, Boards & Committees - May 2008) Parks.. Open Space and Trails Commission (POST) (Statutory Authority: Title I, Chapter 2, Article VI of the Tiburon Municipal Code; Town Council Resolution No. 22-2008) Purpose: This newly-formed commission combines the duties of the former Parks & Open Space Commission and the ad hoc Bicycle-Pedestrian Advisory Committee. The POST Commission will serve as the official Bicycle- Pedestrian Advisory Committee of the Town. Among its duties are to periodically review the Tiburon Bicycle & Pedestrian Master Plan and submit recommendations to the Town Council on bicycle and pedestrian- related matters. The POST Commission will also periodically review the Parks and Recreation Element of the Tiburon General Plan, and make specific recommendations to the Planning Commission and Town Council on policy matters pertaining to parks and/or open space lands under the jurisdiction of the Town, including their acquisition, maintenance, improvement and operation. The POST Commission will also assist with the organization of Town-sponsored events such as the Coastal Clean-up, public facility dedications and fund-raising events. The POST Commission will also coordinate with other boards and agencies on matters affecting the Commission's purview or jurisdiction. Membership & Qualifications: The POST Commission shall be comprised of five (5) members as follows: a) Four (4) members must live in the Town of Tiburon; b) One (1) member may live or work in the Tiburon Peninsula (including the Town of Tiburon, City of Belvedere, Strawberry, or any other unincorporated area of the Tiburon Peninsula). Terms: The term of office shall be four (4) years, except that the initial terms will have staggered expiration dates in order to promote continuity of experience and expertise. Two terms will expire on 2/28/1 0; one term will expire on 2/28/11; and two terms will expire on 2/29/12. Meetings: The new POST Commission will establish a regular meeting schedule; the commission will meet quarterly or have more or fewer meetings as deemed necessary to conduct its business. Interested persons can contact the Tiburon Town Clerk at 435-7377 or pick up an application at Tiburon Town Hall, 1505 Tiburon Boulevard. Application forms can also be downloaded from the Town's web site, www.ci.tiburon.ca.us (click on "useful forms"). DEADLINE for Receiot of Aoolications - Mav 16, 2008 Positions will remain open until filled. Notice Posted at Town Hall and BelvederelTiburon Public Library. Notice to be published in The Ark on May 7 & 14, 2008. Cc: Marin Independent Journal TOWN OF TIBURON SPECIAL VACANCY NOTICE On Town Commissions, Boards & Committees Unscheduled Vacancies - MARCH 2008 PLANNING COMMISSION - Statutory Authority: Section 3.04 of Tiburon Zoning Ordinance Term: Four years Purpose: The Planning Commission reviews and acts on applications for Conditional Use Permits, Secondary Dwelling Unit Use Permits, Minor Subdivisions, Lot Line Adjustments and certain other required applications. The Planning Commission also makes recommendations to the Town Council regarding Zone Changes, Zoning Text Amendments, Precise Development Plans, Major Subdivisions, and amendments to Master Plans and the Tiburon General Plan. Decisions of the Commission are final, unless appealed to the Town Council. Qualifications: Applicants must be residents of the Town of Tiburon and have the interest, dedication and time commitment to promote the general welfare of the community through proper interpretation and implementation of the Tiburon General Plan and Tiburon Zoning Ordinance. DESIGN REVIEW BOARD - Statutory Authority: Section 3.02 of Tiburon Zoning Ordinance Term: Four years Purpose: The Design Review Board reviews and acts on applications for Site Plan and Architectural Review, which can include plans for new residential and commercial building, remodels, additions, accessory buildings, swimming pools, fences, decks, and other structures. This review includes both the site layout and architectural design characteristics of a proposal. Decisions of the Board are final, unless appealed to the Town Council. Qualifications: A licensed architect is preferred to this vacancy, although not required. Applicants should be residents of the Town ofTiburon and have an interest and time available to help promote the general welfare and aesthetics of the community through proper regulation of site planning and architectural design. Formal training, experience or familiarity with architecture, design, and/or landscape architecture are preferred but not required. BELVEDERE/TffiURON JT. RECREATION COMMITTEE Statutory Authority: Joint Powers Agreement between City of Belvedere and Town of Tiburon Term: F our Years Purpose: The Committee is formed under a Joint Powers Agreement with the City of Belvedere and Town of Tiburon and is comprised of an equal number of Belvedere and Tiburon residents and a Reed Union School District Trustee. The purpose of the Committee is to oversee the Joint Recreation Department mission to provide quality recreational and educational programs that inspire and enrich the lives of children and adults in the community while maintaining a self- supporting agency. The Committee meets monthly and serves as a policy-setting and advisory board to both the Belvedere City Council and Tiburon Town Council. Qualifications: Applicants must be residents of the Town of Tiburon and have the interest, desire, and time available to serve for a full term, including attendance at regular meetings and other activities. The unscheduled vacancies on the Design Review Board and Jt. Recreation Committee have occurred as follows: Appointees Date Appointed Date Resi1!ned - Term Expires 1) Al Aguirre May 2005; (Planning Commission) February 2006 March 2008 February 28,2010 4) Priscilla Tripp (11. Rec. Committee) 1984 March 2008 February 28, 2011 2) Cathy Frymier May 2006 (Design Review Board) March 2008 February 28,2012 3) Tara Sullivan (Jt. Rec. Committee) September 2002; February 2004 February 2008 February 28,2012 ********* Interested residents can contact Tiburon Town Clerk Diane Crane at 435-7377 for more information, or pick up an application at Tiburon Town Hall, 1505 Tiburon Boulevard. Applications are also on-line at www.ci.tiburon.ca.us (click on "Useful Forms"). Deadline for Applications = open until filled cc: The Ark/Independent Journal Notice posted at Town Hall a-I TOWN COUNCIL MINUTES CALL TO ORDER eeting of the Tiburon Town Council to order at 7:35 p.m. own Council Chambers, 1505 Tiburon Boulevard, Tiburon, on Wednesd California. ROLL CALL PRESENT: COUNCILMEMBERS: Berger, Collins, Fredericks, Gram, Slavitz PRESENT: EX OFFICIO: Town Manager Curran, Director of Administrative Services Bigall, Director of Community Development Anderson, Assistant Planner Phillips, Director of Public Works/Town Engineer Nguyen, Police Captain Hutton, Town Clerk Crane Iacopi Prior to the regular meeting, beginning at 7:00 p.m., the Council met in closed session to discuss the following: CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATOR (Section 54957.6) T own Negotiator: Bargaining Unit: Director of Administrative Services Service Employees International Union (SEIU) ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION" IF ANY Mayor Slavitz said that no action was taken in closed session. ORAL COMMUNICATIONS None. INTRODUCTION OF NEW TOWN EMPLOYEE . Building Department Permit Clerk Ann Heglin Director of Community Development Anderson introduced Ms. Heglin to the Council. Town Council DRAFT Minutes #07 -2008 May 7, 2008 Page 1 He said that Ms. Heglin was a native of Grosse Pointe Michigan; she had a degree in communications and a background in hospital marketing. Most recently, Anderson said that Ms. Heglin had managed the Vista Belvedere apartments and had become familiar with the Town's building permit process during the renovation of that complex. PRESENTATION . Community Choice Aggregation (Marin Clean Energy) - Presentation by Marin County Sustainability Director Dawn Weisz and Pacific Gas & Electric Company Mayor Slavitz asked whether any items for which the public was present could be heard prior to the presentation. Council moved to hear Public Hearing Item No.1 first. 1. 7 Wilkins Court - Request to Amend Planned Development # 19 (7 & 9 Wilkins Court) to modify a building envelope and create a landscape envelope at 7 Wilkins Court (Community Development Department) - Introduction and 1 st reading of ordinance Address: Assessor's Parcel No. Owners: Applicant: 7 Wilkins Court 039-070-32 Quentin Keith Hills Ruschmeyer & Associates Assistant Planner Phillips gave the staff report. He said that the applicant wanted more usable space on the lot at 7 Wilkins Court and had proposed an expanded landscape envelope in exchange for a smaller building envelope, resulting in not net gain. Phillips said that Staffhad also recommended a shift in the existing building envelope in order to provide a better alignment for the Ridge Trail and to remove some objects from the parcel. He said that the Planning Commission had added two conditional of approval with regard to drainage, prior to approval. Councilmember Berger said that the drawings attached to the staff report were not clear and that it would help the Council in making their decisions to have more specific drawings. He encouraged staff to ensure that applicants provided enough information in their drawings. Mr. Phillips agreed with the Councilman; he said that he and the Community Development Director had requested refinement of the initial drawings by the applicant. Councilmember Collins asked if the public viewing document, a drawing that clearly delineated the outlines of the old and new building and landscape envelopes, could be attached to the ordinance that was being adopted by Council. Director Anderson said that the size and type of drawing would not meet the specifications of the County Recorder. However, he said that there was language in the ordinance that referenced the drawing and that it would be available in the file for review by interested parties. Town Council DRAFT Minutes #07 -2008 May 7, 2008 Page 2 Collins concurred with this approach. Mayor Slavitz opened the public hearing. The applicant, Mr. Hills, spoke briefly. Mayor Slavitz closed the public hearing. MOTION: Moved: Vote: To read ordinance by title only. Berger, seconded by Fredericks AYES: Unanimous Mayor Slavitz read, "An Ordinance of the Town Council of the Town of Tiburon amending the 7 & 9 Wilkins Court Master Plan (PD#19) to modify a building envelope and create a landscape envelope on property located at 7 Wilkins Court." MOTION: Moved: Vote: To pass first reading of the ordinance. Collins, seconded by Berger AYES: Berger, Collins, Fredericks, Gram, Slavitz PRESENTATION . Community Choice Aggregation (Marin Clean Energy) - Presentation by Marin County Sustainability Director Dawn Weisz and Pacific Gas & Electric Company Town Manager Curran gave a brief overview and said that the Council would be asked to make a decision by fall 2008 about whether to join the proposed joint powers authority. She said that there would be additional opportunities to learn about the program but that it was a weighty decision that required consideration. Ms. Curran said that if the Town decided to join the JP A, it would provide residents and businesses with the opportunity to purchase their power from the new entity which promised to have a larger portfolio of "green" energy. Townspeople and businesses would also have the ability to "opt out" and stay with the current provider, PG&E. She said that if the Town decided not to join, there would be no choice of energy providers. Ms. Curran introduced County of Marin Sustainability Director Weisz who gave a powerpoint presentation and held a lengthy discussion about the concept of Community Choice Aggregation (CCA), now referred to as Marin Clean Energy (MCE). [A copy of the presentation is attached.] The Council then asked questions of Ms. Weisz. Q: Vice Mayor Fredericks-Are the sources of energy delivered by PG&E fungible? In other words, we don't always know what kinds of energy are coming through our lines? A: yes. Town Council DRAFT Minutes #07 -2008 May 7, 2008 Page 3 Q: Councilmember Berger-would MCE invest outside the county? For example, a wind farm in Palm Springs, or other ideas? A: yes. Q: Councilmember Berger-will residents still be able sell back solar at the "deep green" rate? A: Ms. Weisz said that under current regulations there is no incentive to "oversize" your system but that the Huffman legislation would address this. She said that MCE has not yet set its rates but would work with solar integraters to ensure support of this form of power. Q: Councilmember Berger-how does someone "opt in" after the fact? Is there an entry fee? A: yes. Q: Councilmember Berger-Why can't PG&E do what CCA is proposing now, that is to provide a greener mix of energy to its customers in Marin? A: PG&E has tried to move in a green direction but they have also argued against the PUC goal of 20%. Q: Councilmember Berger-if PG&E cannot meet the goal, how can MCE? A: MCE's non-profit status vs. shareholder profits; there will be a margin of profit to invest. Q: Mayor Slavitz-what are the financial risks to the Town? A: The JP A would "firewall" your risks, i.e. the liabilities belong to the JP A; in the San Joaquin model they worked out their issues about joint and several liabilities. Q: Mayor Slavitz-would Marin towns and cities have to contribute money upfront? A: The upfront costs are factored into the business plan; she said the County was looking into covering the initial cost. Q: Mayor Slavitz-will the bonds be backed by the JP A? A: JP A will have rate-making authority and a customer base. Q: Councilmember Collins-what are the three greatest risks in your mind? A: 1) cost of natural gas is rising so staYing with the status quo is a risk; 2) finding an energy service provider to stand behind its product; 3) political risk, such as more meetings to attend, rate issues to sort out, and dealing with irate rate payers. Town Council DRAFT Minutes #07 -2008 May 7, 2008 Page 4 Q: Councilmember Collins-what about flight back to PG&E? A: You can buy insurance and charge exit fees; in general, we cannot find a "boogie man." Q: Councilmember Berger-setting aside a discussion about using food sources to create bio- fuels, the prices of renewable energy may go up fast due to demand. A: PG&E passes on its costs now and would continue to do so; this is something considered in the MCE study. Q: Councilmember Fredericks-distribution rates are currently negotiated with PG&E; is there any limit on distribution rates? A: distribution and transmission costs are closely regulated by CAL ISO and the CPUC. PG&E representative Peter Griffis presented his analysis of the proposal. Mr. Griffis said that his company's response was that the costs of renewable energy stated in the CCA business plan were not realistic. On a positive note, he said that PG&E had a long-term commitment to the environment and was committed to helping the citizens of Marin use less energy and combat global warming. Q: Councilmember Berger-what is the negative side to the MCE proposal to PG&E? Mr. Griffis said that PG&E bought most of its power now; he said that cost is a straight pass- through; the distribution systems, however, would still be intact. Their concerns, according to Griffis, were that they would still be the "provider of last resort," and also that customers would come back to them without notice. He said that they had experience with this during the recent California energy crisis. Q: Councilmember Berger-what is the reticence (by PG&E) of increasing the mix of renewables? Mr. Griffis said that they were looking at higher percentages but that the current mandate of 20% had not yet been re~ched; he said that the effect of more demand was driving up prices, and that the PUC had already said that the "green tariff' would not count toward this goal. Q: Mayor Slavitz-Should we join the JP A or not? Mr. Griffis said the there were risks associated with procurement; he recommended not taking any contract guarantees at face value and if the Council decided to enter into an agreement, to do it with 'your eyes open.' He cautioned about buying power up front for a certain length of time and then having people leave the program; he said there was also a possible impact on future bond ratings. Town Council DRAFT Minutes #07 -2008 May 7, 2008 Page 5 Q: Councilmember Collins-explain the "partnership opportunities" mentioned in a PG&E letter in the CCA binder. Mr. Griffis' and his associate listed several programs-the Solar Schools Initiative, solar workshops with the City of Nova to and the County, a methane study with the City of San Rafael, Climate SMART, and clean transportation programs such as the natural gas filling stations. He said that these would continue even if CCA moved forward. Q: Councilmember Collins-would the PUC regulate the transitional rate? Mr. Griffis said that there was a provision in the Huffinan legislation (AB11?) to protect PG&E customers and that CCA would have to post a bond with the utility. He noted that PG&E was trying to raise the amount of the bond. Town Manager Curran said that the Huffinan legislation would require the utilities to purchase back solar power from its rate-payers. Mr. Griffis said that he thought PG&E was supporting this legislation. Vice Mayor Fredericks said that she would like to see a change in the regulation that limited the size of solar installations people could install. Mayor Slavitz asked Ms. Weisz to respond to the PG&E statements. Councilmember Gram asked her to address their cost proj ections, specifically. Ms. Weisz said that she had attended PUC hearings and that PG&E had requested 6% rate increases (higher than those reflected in their slides). She also said that PG&E was in the process of building two or three natural gas power plants but that since only 16% of the natural gas usage was from this area, their risks would be minimized. Weisz also said that exit fees were already in place and that the bond would protect the utility and its investors. Councilmember Gram asked about the amount of exit costs. Ms. Weisz said that it would vary depending on the cost of power. He said that $25 had been given as an example. Ms. Weisz concurred. Mayor Slavitz opened the public hearing. Will Hutchinson, small business owner from Mill Valley, spoke in favor of "green energy" and said that he would not mind paying a premium for it. He said that this was the innovation of the future and that the market would "explode" and the costs would eventually go down; also, that it was the right thing to do to move away from consumption of fossil fuels. He said that PG&E was already a provider of clean energy but that CCA might push the utility to increase the mix. Town Council DRAFT Minutes #07 -2008 May 7, 2008 Page 6 Mayor Slavitz closed the public hearing. Town Manager Curran said she thought the presentation had been very informative, however, the Council would at some future date be asked to consider adoption of the ordinance and JP A. Mayor Slavitz asked that staff come back to the Council with a report that included a legal opinion on this subject, as well as an analysis of the financial risks to the Town. Vice Mayor Fredericks said that she would like to see more information get out to the public early on in the discussion. Ms. Fredericks said that she was concerned that people would not understand their options. Town Manager Curran said that she had covered the subject in the e-newsletter, Tiburon Talk, and that she would put it on the Homeowner's Association Summit agenda. She said that she would welcome more ideas on outreach. CONSENT CALENDAR 1. Town Council Minutes - Adopt minutes of March 20, 2008 meeting; Town Council/Staff Retreat (Town Manager Curran) 2. Town Council Minutes - Adopt minutes of April 16, 2008 meeting (Town Clerk Crane Iacopi) 3. Town Monthly Investment Summary - Adopt March 2008 report (Director of Administrative Services Bigall) 4. Town Council Committee Appointments - Revise Appointments List to reflect four-year terms of Alice Fredericks and Richard Collins to Transportation Authority of Marin, and other revisions (Town Clerk Crane Iacopi) 5. Public Works Contracts - Approve budget amendment and authorize Town Manager to enter into contract with Clean Lakes, Inc. for Railroad Marsh maintenance and cattail removal(Superintendent of Public Works Brewer) 6. Affordable Housing Week - Adopt resolution in support of May 12 through 19,2008 (Community Development Department) 7. Beverly Bastian - Adopt resolution in honor and memory of Beverly Bastian (Town Manager Curran) Town Council DRAFT Minutes #07 -2008 May 7, 2008 Page 7 MOTION: Moved: Vote: To adopt Consent Calendar Item Nos. 1 through 7, as written. Fredericks, seconded by Collins AYES: Unanimous PUBLIC HEARINGS 1. 7 Wilkins Court - Request to Amend Planned Development # 19 (7 & 9 Wilkins Court) to modify a building envelope and create a landscape envelope at 7 Wilkins Court (Community Development Department) - Introduction and 1 st reading of ordinance Address: Assessor's Parcel No. Owners: Applicant: 7 Wilkins Court 039-070-32 Quentin Keith Hills Ruschmeyer & Associates Item taken out of order (see pages 2 and 3 above). 2. Chapter 16 (Zoning Code) Ordinance - Consider approval of text amendments to Chapter 16 of the Town Code (Zoning) to repeal sections concerning the Parks & Open Space Commission (Director of Community Development Anderson) - Introduction and 1 st reading of Ordinance Director of Community Development Anderson gave the report. He said that the ordinance proposed to repeal sections in the Town Code pertaining to the recently disbanded Parks & Open Space Commission; essentially, it was a "clean up" ordinance. Mayor Slavitz opened the public hearing. There was no public comment. Mayor Slavitz closed the public hearing. MOTION: Moved: Vote: To read ordinance by title only. Berger, seconded by Fredericks AYES: Unanimous Mayor Slavitz read, "An Ordinance of the Town Council of the Town of Tiburon repealing certain sections of Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code concerning the Parks & Open Space Commission." MOTION: Moved: Vote: To pass first reading of the ordinance. Berger, seconded by Fredericks AYES: Berger, Collins, Fredericks, Gram, Slavitz Town Council DRAFT Minutes #07 -2008 May 7, 2008 Page 8 TOWN COUNCIL REPORTS None. TOWN MANAGER'S REPORT Town Manager Curran said that the Council had received copies of the staff report pertaining to 430 Ridge Road for their use in scheduling a site visit prior to the May 21 meeting. WEEKLY DIGESTS . Town Council Weekly Digest - April 18, 2008 . Town Council Weekly Digest - April 25, 2008 . Town Council Weekly Digest - May 2, 2008 Town Manager Curran noted the memo in the May 2 Digest pertaining to the Congregation Kol Shofar appeal resolution. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Slavitz adjourned the meeting at 9:55 p.m. in honor and memory of Beverly Bastian for her 50 years of community service. JEFF SLA VITZ, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council DRAFT Minutes #07 -2008 May 7, 2008 Page 9 Community Choice Aggregation in Marin CCA is a public-private mix IOU ' CCA Public Utility (municipal utility like SMUD) (investor-rwned utilityjPG&E) j 1 ~ ~ -- __ /~ _ __ r""---" ./ ~ Marin Clean Energy RENEWABLE BY CHOICE Marin Clean Energy Basics Local governments purchase power for their communities · JPA created - 2009 at earliest . Energy Service Provider selected to provide all services . Power purchased from outside Marin initially . Customers chose between MCE and PG&E for power source · PG&E continues to deliver electricity, maintain transmission lines and provide customer service Marin Clean Energy RENEWABLE BY CHOICE Why explore MCE? Personal Choice: Customers can choose between MCE & PG&E Financial Advantages . Rate Stability and local control for businesses and residents · More dollars stay in the local economy . Renewable-based businesses fostered Environmental Advantages · Reduce dependence on fossil fuels . Increase use of renewable resources (solar, wind, small hydro) · Reduce greenhouse gas emissions Marin Clean Energy RENEWABLE BY CHOICE Other California Communities considering MCE-type programs . San Joaquin Valley CCA formed; Contract finalized . San Francisco CCA business plan com plete . Oakland, Berkeley,. Emeryville, Chula Vista drafting CCA business plan . West Hollywood, Beverly Hills, Pleasanton, San Luis Obispo, Davis actively considering CCA 11 r.!t.wl<lJ'"l,'....'" loMJooqloft V'""" (1:rriI CoI,ot.tfl: ~ ~ '- !(ir,g"""~ l_ ,..... ~ ~ ~ ~(Wltt Marin Clean Energy RENEWABLE BY CHOICE What has been accomplished? 2003 to 2005 Phase I completed tasks ./ Feasibility Study ./ Peer Review of Feasibility Study ./ Bond Counsel/Legal Review ./ Risk Analysis Marin Clean Energy RENEWABLE BY CHOICE What has been accomplished? 2005 to 2008 Phase II completed tasks ./ Formation of Local Government Task Force ./ Alternatives Analysis on Local Renewables ./ Business Plan ./ Peer Review of Business Plan Marin Clean Energy RENEWABLE BY CHOICE Marin Clean Energy: Customers Choose >~-!~~it<>1:~ i9~ ~--'-" --- : ',' " ,\h < d<' " t: ~ .' ( ,~j 1 ~, . Dark Green 100% renewable Cost: initially 8-10% higher than PG&E, decreasing ~t '" I -~~~~~ ,~ ~. (~ ,..;..<",.;..1..</<... :- Marin Clean Energy RENEWABLE BY CHOICE MCE rates over time $130.00 ---------------- $125.00 $120.00 -------------- $115.00 $11 0.00 ------------------- $105.00 $100.00 $95.00 $90.00 $85.00 $80.00 Year 1 Year 5 Year 10 Year 15 1- - FG&E , Light Green Deep Green I Marin Clean Energy RENEWABLE BY CHOI,CE Business Plan detail... PG&E Renewable content 120/0 Typical monthly cost: $82.88 Year 1 Year 5 $93.29 Year 10 $108.14 Year 15 $125.37 GHG Reduction nja Expected Participation* 160/0 Marin Clean Energy RENEWABLE BY CHOICE I :'. "~'.,.:!'." ' .. ';. <, 'r! iIij;;,~ ~ " m~~~1'" " ~ - (~~ .~~'""~ '~l'Ih! ~~.y;,.. ' >.JJ,r .~., ~ ':, ~.U-, 'iLl' ~t,:;. Solar Small Wind Large Wind Offshore Wind Methane Capture Biomass Ocean Power Local Renewables MW (Megawatts) 220 11 182 280 6.5 7-16 150 Marin used 240 MW in 2005 Marin Clean Energy Deployment Potential High Medium Low Low High Medium Low (currently) RENEWABLE BY CHOICE GHG Reduction Plan: Sample measures 400,000 :; ~ 300,000 Gi a. III c: g c: 200,000 .~ 1:) :J "'0 III 0:: N 100,000 o o "f;)f;) "f;)f;) ,,'" ,,'" Encourage Community Car Sharing f;)f;)f;) f;)f;)f;) "f;)' "f;)' "f:Jf:J "f:Jf;) ", ", "OJf;) "OJf;) Expand Local Install Solar or Regional Panels on Bus Serv;ce Municipal Facilities Perfonn Energy Efficient Lighting Retrofits Marin Clean Energy ~f:J ~f:J~ ~ Marin Clean Energy RENEWABLE BY CHOICE Key issues and questions... Marin Clean Energy RENEWABLE BY CHOICE Why did energy fluctuations in 2000 ,impact IOU costs? . In 1996 utilities were prevented from entering into long-term power purchase contracts . Costs on the spot market skyrocketed and were manipulated . CPUC regulations have changed to avoid this recu rrence Note: MCE would buy no more than 150/0 of power on the spot market. MCE long-term contra~ts and ownership of assets is a more conservative approach. Marin Clean Energy RENEWABLE BY CHOICE How can MCE light green rates stay at or below PG&E? Low overhead & not-far-profit structure reduces costs · Few MCE staff - competitively solicit services · Lower regulatory costs . Low overhead/facility costs and no shareholder profits MCE will have low borrowing costs . Tax-exempt financing of assets . Discounts for prepayment of energy Ability to initiate long-term contracts from scratch 15Marin Clean Energy RENEWABLE BY CHOICE Who would be the administrator of MCE? Two options ... . Create a new organization to administer (like Transportation Authority of Marin) . Use existing organization with experience or interest in public utilities Marin ,Clean Energy RENEWABLE BY CHOICE Who are Energy Service Providers? . Sell power to Public Utilities and IOU's . Some offer green portfolios (Alameda City buys 700/0 renewable) . Some own more generation assets and trade more power each day than SCE and PG&E combined Marin Clean Energy RENEWABLE BY CHOICE Are there economic benefits beyond local renewables? . Green image marketing for local businesses . Likely to have more stable rates for local businesses and residents . Ability to offer economic development or low income rates Marin Clean Energy RENEWABLE BY CHOICE When are there exit fees? . To cover cost of energy purchased on behalf of a customer if cost of power is lower when they depart . If energy costs continue to rise no exit fee needed . Expensive investments by utilities can increase exit fees Can local governments provide power competitively? Rates in 2005 per kWh . City of Palo Alto . Los Angeles Dpt. Water & Power . SMUD . Alameda City . PG&E . Southern CA Edison Marin Clean Energy RENEWABLE BY CHOICE / Marin Clean Energy RENEWABLE BY CHOICE 7.54 9.65 9.80 12.34 12.68 12. What is the availability & cost of renewables? 23% Biomass . 1,400 MW of renewable power offered to San Joaquin's CCA in recent bidding process for 400 MW . PG&E's recent renewable solicitations attracted strong response from market . Cost of all energy sources (including renewables) increased 300/0 in the last 3-5 years; but the renewable premium (1.5 cents/KWh) has remained constant Marin Clean Energy RENEWABLE BY CHOICE CPUC reports unprecedented response to 2007 renewable solicitations IOU RPS Bids by Fuel Type 90,000 80,000 70,000 ~ 60,000 ~ 50.000 !2. ,., '" 4O,llOO .. r: w 30,000 20,000 10,000 2llO3 RFO 2004 RFO 2005 RFO 2006 RFO 2007 RFO II Other III Sman H~ro D Biogas II Biomass II Geothermal . Wir<! 0 Solar Chart shows projects bid into the renewable solicitations issued by CA's three large IGUs: PG&E, Southern California Edison, and San Diego Gas & Electric. 22Marin Clean Energy RENEWABLE BY CHOICE PG&E response to Business Plan future power costs . Used a gas forecast that assumes gas will be 140/0 cheaper in 12 years than it is now (gas costs have increased 300/0 in the last 5 years) . Analyzed its historical generation cost escalation using a 1998 starting point. Conditions in 1998 ,were unrepresentative and lead to a low estimate of cost escalation that is unlikely to recur Marin Clean Energy RENEWABLE BY CHOICE Next Steps... Phase III . April - November 2008: Cities and County vote on participation 1. Study sessions 2. Ordinance: 1st Reading 3. Ordinance: Merit Hearing · December 2008: JPA formed Marin Clean Energy RENEWABLE BY CHOICE Phase IV · Early 2009: Request for proposal issued; Energy Service Provider selected · 2009: Implementation plan submitted to CA Public Utilities Commission (Business plan + supplier information) · Mid 2009: Final go/no-go decision by JPA Marin Clean Energy RENEWABLE BY CHOICE Off-ramps County/City off-ramps: · April - November 2008: Cities and County vote on participation in JPA · Mid 2009: If vendor selected, JPA votes before signing contract Customer choice off-ramps: · 60 days before launch: Customers receive 1st opt-out notice · 30 days before launch: Customers receive 2nd opt-out notice · Final bill before launch: Customers receive 3rd opt-out notice · First MCE bill: Customers receive 4th opt-out notice · After MCE enrollment: Customers can still return to PG&E Marin Clean Energy RENEWABLE BY CHOICE Questions? Marin Clean Energy RENEWABLE BY CHOICE TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 T own Council Meeting May 21, 2008 Agenda Item: Cc _ ).., ST AFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Clerk Subject: Proclamation in Support ofT.A.S.K - Bel Aire Students organizing efforts for Tiburon Against Shark Killing Reviewed By: ~ BACKGROUND David McGuire, producer of Ocean Films, came to the Town Council last year and spoke during Oral Communications. His film, Sharks: Stewards of the Reef, was shown at the 2007 Tiburon International Film Festival. Mr. McGuire made a presentation at Bel Aire School on the subject of shark killing worldwide. In response, Bel Aire student Andrei Dolezal and others formed a committee called T.A.S.K.- "Tiburon against Shark Killing" and prepared a petition to the Town Council asking for their support of the ban on shark killing and shark "finning". A copy of the petition is attached. The students also spoke with Mayor Slavitz about the issue, who in turn asked Town Staff to draft a proclamation in support of the student's efforts for Town Council consideration. The TASK petition to the Town Council is attached, as is a proposed proclamation in support of the students for forming TASK. RECOMMENDA TION Staff recommends that the Town Council 1. Allow Mr. McGuire and members of TASK to briefly address the Town Council and present their petition 2. If so desired, adopt the attached Proclamation Exhibits: Copy of e-mail with petition Draft proclamation Prepared By: Diane Crane Iacopi, Town Clerk Page 1 of3 Peggy Curran From: David McGuire [sharkfilms@gmail.com] Sent: Friday, April 18, 2008 3:27 PM To: Peggy Curran Cc: Annie Roney Subject: Re: agenda item Hi Peggy Please note this is submitted by TASK and the students of Bel Aire School. Please let us know when we might attend with the item on the agenda. Thank you! David We, the students of Bel Aire School in Tiburon, petition the leaders of Tiburon to help us speak out to the world in support of a healthy ocean by helping to protect the sharks. After all, Tiburon means" shark" in Spanish, and we use the shark logo on so many of our town's sports teams and events. We know the importance of sharks to a healthy and complete ocean ecosystem, including the waters near our homes. We understand that too many sharks are being killed each year just for their fins. We are running out of sharks. So with this petition, the kids of Tiburon ask the Honorable Mayor Jeff Slavitz and the Tiburon Town Council to make a public statement to the world that Tiburon is Shark Friendly; we condemn the illegal practice of killing sharks for shark fins, and ban the selling of shark fin soup in this Town. On 4/17/08, Peggy Curran <RClJrn:m@~i.tiburQn.ca.llS> wrote: Hello, David: Would you be so kind as to send me a copy of the petition or what it is you would be asking of the Council? Thanks Peggy 5/12/2008 Page 2 of3 Margaret A. (Peggy) Curran Town Manager, Tm,vn of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 415-435-7383 pqJua,n(cVci.tiburon.ca. us 'vvww .ciJilW-.I<)l1.ca, us From: David McGuire [mailto:~arkfilms_@_gm9il.cQm] Sent: Thursday, April 17, 2008 9:42 AM To: Peggy Curran Cc: Annie Roney Subject: agenda item Dear Ms Curran, We met last year when I appeared before the Town Council. I would like to inquire about introducing an agenda item onto the Town Council calendar. The subject is Tiburon Against Shark Killing and is motivated by local student leader Andreo Dolezal. The students of Bel Aire school have a petition for the Town Council to help protect sharks. Perhaps you saw the article in the Ark last week? Could you please inform us how and when we might have Andrei and his supporters introduce their petition to the Town leaders? thank you, David McGuire, Producer Ocean Films 415.350.3790 www.sharkstewaIdl'~Qm 5/12/2008 DRAFT T OWN OF TIBURON PROCLAMATION SUPPORTING THE EDUCATIONAL EFFORTS OF T.A.S.K. - Tiburon Against Shark Killing W HER E AS, the students of Bel Aire School have become aware of the practices associated with shark killing worldwide; and W HER E AS, after making a presentation at Bel Aire with the help of Marin filmmaker and shark activist, David McGuire, student organizer Andrei Dolezal helped form a committee called T.A.S.K. - "Tiburon Against Shark Killing"; and WH E REAS, T.A.S.K. has submitted a petition asking for town leaders to speak out to the world in support of a healthy ocean by helping to protect sharks and to ban the practice of shark "finning" by fishermen. NOW THE REF 0 R E, the Town Council of the Town of Tiburon does hereby commend the efforts of Andrei Dolezal and his fellow students for bringing this matter to the attention of the Town of Tiburon; and BEl T FUR THE R RES 0 L V ED that the Town Council does hereby adopt this proclamation in support of the students of Bel Aire School and T.A.S.K. in their efforts to educate the public about the practices of shark killing worldwide and to preserve our valuable ocean ecosystems. IN WITNESS WHEREOF I have hereunto set my hand and caused the seal of the Town of Tiburon to be affixed this day of 21st day of May 2008. JEFF SLA VITZ, MAYOR Town of Tiburon Town Council Meeting May 21, 2008 Agenda Item: CC-3 ST.\FF REPORT To: Mayor and Members of the Town Council From: Community Development Department Subject: Approve Services Agreement for Preparation of Initial Study For Caprice Restaurant Conditional Use Permit ~ Reviewed By: SUMMARY The Town ofTiburon has received an application for a conditional use permit for the expansion of the Caprice restaurant on property located at 2000 Paradise Drive. Staff has determined that an Initial Study is required to evaluate the potential environmental issues for this project. Staff received three price quotes to prepare the EIR for this project as follows: Leonard Charles and Associates: Nichols-Berman: Newman Planning Associates: $23,415 $26,350 $27,450 Staff recommends that the firm of Leonard Charles & Associates be selected to prepare this Initial Study. This firm has an excellent track record in preparing environmental documents for the Town, especially on smaller projects. RECOMMENDA nON Approve the recommended selection and authorize the Town Manager to execute the agreement for professional services with Leonard Charles & Associates to prepare the Initial Study for the Caprice Restaurant expansion project, at an amount not to exceed $23,415. Exhibit: 1. Draft Service Agreement with Leonard Charles and Associates Prepared By: Daniel M. Watrous, Planning Manager AGREEMENT FORPREPAlUNG CEOA DOCUMENTATION FOR THE CAPRICE CONDITIONAL USE PERMIT APPLICATION THIS AGREEMENT, made and entered this _ day of May, 2008, by and between the TOWN OF TffiURON, a municipal corporation, hereinafter called "Town," and LEONARD CHARLES AND ASSOCIATES, hereinafter referred to as "Consultant," RECITALS A. The Town is desirous of a consultant to assist in the preparation of documentation required under the California Environmental Quality Act ("CEQA") for the evaluation of an application for a conditional use permit (File # 1 0707) for the construction of a new building to expand an existing restaurant (the Caprice) on the property located at 2000 Paradise Drive in Tiburon (the Caprice restaurant). B. The Town has determined that a consultant with specific expertise in the preparation of CEQA documentation will be required in order to evaluate this application. C. Town will contract for the Consultant to provide the services described in Exhibit A ("Services"), which is attached hereto and incorporated herein by reference. AGREEMENT 1. Scope of Consultant Services. Consultant shall perform those Services described in Exhibit A. Consultant may subcontract out certain of the Services to other Consultants only as may be approved in advance in writing by Town. In the event of such subcontracting, Consultant shall remain responsible for the full performance of such services. 2. Compensation. Consultant's fee for the Services shall be as set forth in Exhibit A and shall not exceed $23,415.00. Payments shall be due thirty days after submission of an itemized invoice showing work actually completed. Consultant shall submit invoices on a monthly basis for time and materials actually expended. Compensation in excess of the amount set forth in Exhibit A must be approved in writing by the Town through amendment of this Agreement. 3. Consultant as Independent Contractor. Consultant (including its agents and employees) is not an agent or employee of the Town but is an independent contractor not subject to the direction and control of the Town. Without limiting the foregoing, Consultant shall maintain complete control of its operations and personnel and shall be solely liable and responsible to pay all required salaries, wages, expenses, taxes and other obligations, including, but not limited to, withholding and Social Security. Agreement for CEQA Documentation.2008.doc 1 Consultant shall indemnify, defend and hold Town harmless from and against claims, liabilities, suits, loss, cost, expense and damages arising from Consultant's willful or negligent acts relating to the performance of the Services pursuant to this Agreement. 4. Audit of Books and Records. Town may, in its sole discretion, undertake an independent audit and/or evaluation of the Consultant's records and accounts of expenditures and program activities at its own expense. Consultant shall furnish all items necessary in the Town's discretion to complete said audit and/or evaluation subject to restrictions on confidentiality limited to expenditure or receipt of program funds, and program quality. 5. Ownership of Documents: Re-Use. All documents, including drawings and specifications prepared by Consultant pursuant to this Agreement shall be the property of Town. Town acknowledges that said documents are prepared for use only in connection with the services as described in the Exhibit A. Consultant makes no representation that said documents are suitable for re-use on any other project or on any expansion of the Project. 6. Stop Work Order. Town may at any time, by written notice to Consultant ("Stop Work Order"), require Consultant to stop or suspend performance of the Services, in whole or in part, for a period of up to ninety days after such notice is delivered to Consultant. Upon receipt of the Stop Work Order, Consultant shall immediately comply therewith and take all reasonable steps to minimize the incurrence of costs allocable to the Services covered by the Stop Work Order during the period of work stoppage. Within ninety days of the delivery of the Stop Work Order, or such later time as may be agreed to by the parties, Town shall either cancel the Stop Work Order or terminate this Agreement as provided in Paragraph 8. Consultant shall resume work upon the cancellation of the Stop Work Order. To the extent that the Stop Work Order results in a documentable increase in the cost of performing the Services or the time required for such performance, Consultant shall receive an equitable adjustment in compensation or an extension of time for performance, as appropriate. 7. Delinquency. In the event that a proper invoice remains unpaid for more than 45 days after submittal, Consultant may commence to charge interest of the unpaid amounts at the lesser of 1.5% per month or the maximum rate allowed under applicable usury laws. In addition, Consultant may suspend the performance of the Services after giving Town 10 days notice of its intent to do so. In the event of such suspension, the Base Fee shall be increased to include Consultant's reasonable costs of suspending and restarting the Services. 8. Termination of Contract. It is expressly understood that either party shall have the right to terminate this agreement within five (5) days written notice to the other party. In such event, Consultant shall deliver to the Town copies of all finished and unfinished surveys, studies, documents, computer disks, and/or reports pertaining to Agreement for CEQA Documentation.2008.doc 2 the contract, and Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed as determined by the Town. 9. Discrimination. In the performance of the terms of this Agreement, Consultant shall not engage in nor permit others he or she may employ to engage in discrimination in the employment of such persons based on race, color, religion, sex, sexual preference, age, or handicapped conditions. 10. Miscellaneous. A. Other Contract Provisions. Other contract provisions may be set forth in Exhibit A. To the extent that there are any inconsistencies with such Exhibit and the other portions of this Agreement, the latter shall prevail. B. Governing Law. This Agreement shall be governed by the laws of the State of California. C. Severability. If any provision of this Agreement is found to be invalid or unenforceable, the validity and enforceability of the remaining portions shall not be affected unless the effect thereof would materially change the economic burden on either party. D. Successors in Interest: Assignment. This Agreement shall be binding on the assigns and successors in interest to both parties. Neither party may assign their obligations under this Agreement without the written consent of the other party. E. Entire Agreement: Amendment. This Agreement represents the entire Agreement between the parties. This Agreement may only be amended in writing. IN WITNESS WHEREOF the parties hereto have caused their duly authorized representatives to execute this Agreement the day and year above written. CONSULTANT TOWN OF TffiURON Leonard Charles, Leonard Charles and Associates Margaret A. Curran, Town Manager APPROVED AS TO FORM: Ann Danforth, Town Attorney Agreement for CEQA Documentation. 2008. doc 3 BID PROPOSAL CAPRICE RESTAURANT CEQA DOCUMENTATION Apri I 2008 Prepared for: Town of Tiburon 1505 Tiburon Boulevard Tiburon, California 94920 Prepared by: Leonard Charles and Associates 7 Roble Court San Anselmo, California 94960 415.454.4575 INTRODUCTION The following proposal describes the scope of work that Leonard Charles and Associates (LCA) proposes to conduct to prepare an Initial Study for the proposed expansion of the Caprice Restaurant (hereafter called the project). ASSUMPTIONS This proposal is based on the following assumptions: · The applicant will prepare a single, coordinated project description that incorporates all previous project descriptions, including responses to questions from the Town Planning Department. LCA will not be responsible for preparing the final project description. LCA will provide a format for the applicant to use to describe the project. . The applicant shall provide final site plans and elevations in an 11 "x17" format and as electronic files. . The applicant shall be responsible for installing story poles and preparing accurate photosimulations that are acceptable to the Town, Photosimulations will include views from 2002 Paradise Drive, the Point Tiburon condominiums, the bay, and any other sensitive vantage point identified by the Town. These photosimulations shall show existing and post-project views. They will be supplied to LCA as 8.5"x11" and 11 "x17" prints and as electronic files. . The applicant shall provide a letter or report from an engineer confirming that the existing pilings can be used for the project. . The Town accepts the previous traffic and noise reports prepared for the original project as accurate and does not require a new traffic and/or noise analysis or technical peer review of the existing reports. · The project can be reviewed for possible approval by preparing a Mitigated Negative Declaration and not an Environmental Impact Report (EIR). This bid proposal does not address the labor or cost for preparing an EIR. INITIAL STUDY PREPARATION LCA will prepare an Initial Study per the requirements of the California Environmental Quality Act (CEQA), The following describes what elements would be included in the Initial Study and what work we would do to complete those elements. A. Introduction The Initial Study will begin with an overview of the environment surrounding the project site. We will describe the existing restaurant, the history of its operations and this Bid Proposal-Caprice Restaurant CEQA Documentation Town of Tiburon Page 1 Leonard Charles and Associates project, its operation (based on data provided by the applicant), and its surroundings. We will provide a full description of the project including designs provided by the applicant. Finally, we will provide a summary of the impacts that are less than significant and impacts that are potentially significant and the mitigation measures which would reduce the impact to a less than significant level. . Meetings The price quote for this proposal assumes the following meetings: Three meetings with City staff (start-up meeting, meeting to identify photosimulation vantage points, review of draft document meeting) B. Aesthetics Discuss the visual impacts on public and private views. The analysis will be based on photosimulations prepared by the applicant. The visual impact assessment will be from the vantage points where the photosimulations are taken from. As such, we will meet in the field with the Town and the applicant's representative to identify the 2-5 most significant vantage points. The applicant will be responsible for preparing the simulations. The Town and applicant may also want BCDC input when selecting vantage points to ensure that their permit review needs are addressed. Discuss short-term visual impacts during demolition and construction, including impacts of barges and a crane near the shore. c. Air Quality Discuss how project construction would generate small amounts of vehicle-generated pollution and how this effect would be less than significant. Describe how the project would generate small amounts of dust during construction, Refer to the Bay Area Air Quality Management District's CEQA Guidelines and recommend dust control mitigation measures consistent with those guidelines, D. Biological Resources It is our understanding that all work on land will be done within the existing building footprint and work done from the bay will be off of barges. Given this assumption, effects to biological resources should be limited to erosion during construction. We will address this impact. However, if these assumptions are incorrect or BCDC or any other agency identifies other potential biological impacts requiring the analysis of professional biologists, this would require an amendment to this proposal. E. Geology/Soils . We will incorporate the data, conclusions, and mitigation measures developed by the applicant's engineer or geotechnical consultant regarding bank/slope stability; seismic design, design to address soil constraints, and piling stability. If these data are not currently available, the applicant shall prepare those data at least to the level of detail Bid Proposal -Caprice Restaurant CEQA Documentation Town of Tiburon Page 2 Leonard Charles and Associates required by the Town. We will summarize data provided by the applicant. We are not responsible for independent geotechnical review or analysis. F. Hazards and Hazardous Materials We will describe how project construction would. use fuels and other materials common to construction projects. We will provide a general discussion of potential hazards involved in demolishing the building, but this will not be an engineering analysis of potential vibration or other impacts to the building at 2002 Paradise Drive nor an analysis of potential hazards involving barging the demolished building or the new building. It is expected that all this work would be done per appropriate laws and regulations. G. HydrologylWater Quality Discuss water quality impacts from project construction, including dangers of demolished materials falling into the bay and erosion impacts. Discuss potential flooding during peak storms and/or tides and by tsunami. Discuss potential impacts of sea level rise. H. Land Use/Planning We would do the following: Discuss surrounding land uses and how the project would affect those uses. . Discuss the genera permit requirements of BCDC and possible project consistency with those requirements. Assess the project for consistency with the Town General Plan and zoning ordinance. (This analysis is an optional task; see the note to the Price Quote.) I. Noise The noise analysis would be based on the earlier analysis prepared by the applicant's noise consultant. Noise is one of the most potentially significant and contentious issues involving the project. There are four potentially significant noise impacts, including: . Construction noise, especially on 2002 Paradise Drive. We will discuss this impact at a general level. It is assumed that the noise is a short-term impact and so long as it complies with the Town's Noise Ordinance that it is less than significant. . U~e of the restaurant will generate mechanical noise that could affect 2002 Paradise Drive. We will summarize previous noise analyses regarding this impact. . Use of the restaurant, especially during banquets, could result in noise from amplified sound or other sound generated in the restaurant. Again, we will summarize previous studies to address this impact. Bid Proposal -Caprice Restaurant CEQA Documentation Town of Tiburon Page 3 Leonard Charles and Associates . Valets parking cars could generate sound from talking on 2-way radios, talking, playing music,' or parking cars. gain, we will summarize previous studies to address this impact. We will visit the site for 2 nights to confirm existing noise from valet parking as well as from restaurant operations generally. Other than the 1 to 2 field visits to qualitatively review noise from valet parking, no additional quantitative or qualitative noise analysis will be done. Noise engineers will not be hired to work on this project. J. Public Services and Utilities Discuss how the project could require additional fire and police services. Confer with water and sewer agencies to determine adequacy of services. K. TransportationlTraffic Reviewing the project file, traffic safety and parking are issues of concern. We will review the Wtrans traffic report and the current project proposal. We will visit the site during one normal weekend night and one night when a banquet occurs to qualitatively validate operations, parking, and safety concerns. We will also use the. Wtrans report to assess impacts on roadway and intersection capacity. The scope of work does not include additional analysis by a traffic engineer and would be based solely on the existing traffic report, review of other existing data, the aforementioned field visits, and possible conversations with the applicant's representatives and residents in the area. L. Other Resources Describe how the project would not have any effects for the other resources in the Environmental Checklist, including agricultural resources, cultural resources, mineral resources, population/housing, and recreation and parks. R. Mandatory Findings of Significance We will provide summary discussions to determine whether the project would potentially degrade the environment or have adverse effects on humans. We will assess potential cumulative impacts. This will include a description of other projects proposed in the area as well as potential buildout of the Town. Areas where there could be cumulative impacts would be aesthetics, transportation, land use, and public services. Preoaration of Draft Mitiaated Neaative Declaration If the Initial Study concludes that all impacts can be reduced to a less than significant level by mitigation measures that the applicant accepts, then we would prepare a Mitigated Negative Declaration (MND) for the project. If the Initial Study concludes that preparation of an EIR is warranted, this proposal would need to be amended to reflect the additional time and expense for preparing an EIR. The subsections below outline Bid Proposal-Caprice Restaurant CEQA Documentation Town of Tiburon Page 4 Leonard Charles and Associates what work would be done to prepare a MND and to complete other CEQA-required tasks. A. Prepare Draft Mitigated Negative Declaration Based on the Initial Study, we would prepare a Draft Mitigated Negative Declaration. The Mitigated Negative Declaration would be prepared to include all elements required by CEQA. B. Mitigation Monitoring and Reporting Program We will prepare a Mitigation Monitoring and Reporting Program for the project. C. Respond to Comments We will prepare written responses to comments received during the public review period to the degree that those comments are releva~t to the Mitigated Negative Declaration. (See the Notes to the Price Quote for the cost of responding to comments.) D. Public Hearings We will attend one public hearing on the Draft Mitigated Negative Declaration. We will respond orally to comments or questions asked at those hearings. E. Prepare Final Negative Declaration Revise the Draft Initial Study and Draft Mitigated Negative Declaration to respond to comments received during the review period. Prepare the Final MND, including the required Findings. SCHEDULE AND PRODUCTS Once a contract is signed, we will begin work. From that date, the following products will be completed: 1. Submittal of 3 copies of Draft Initial Study and MND (if warranted) Submittal of 25 copies of FinaIIS/MND and Mitigation Monitoring Program Within 8 weeks of receipt of the final project description 2, Within 3 weeks of receipt of receipt of all comments STAFF The following list of individuals will work on this project. Resumes will be provided on request. Bid Proposal-Caprice Restaurant CEQA Documentation Town of Tiburon Page 5 Leonard Charles and Associates Staff Member ReSDonsibilitv Leonard Charles and Associates Leonard Charles, Ph.D. Lynn Milliman Project Manager Environmental Analyst Bid Proposal-Caprice Restaurant CEQA Documentation Town of Tiburon Page 6 Leonard Charles and Associates PRICE QUOTE The attached price quote is based on these hourly rates: LCA Leonard Charles Lynn Milliman Clerical $175 $150 $65 The attached price quote is a not-to-exceed cost of $23,415 for all work described above except for responding to comments. A separate price will be negotiated for that task once we see how many comments need to be responded to. Also, see the Notes to the Price Quote. Notes to Price Quote 1. The scope of work for the base price is described in this proposal. If the Town wants additional studies or analyses, these can be arranged. 2. The scope of work does not include technical analysis by any engineer, geologist, biologist, or other technical consultant. If technical studies are needed or wanted, we will arrange to have those studies done as an amendment to this scope of work. 3. If the Initial Study indicates that an EIR must be prepared, we will negotiate with the Town regarding the scope of that EIR and its cost. An EIR would be prepared as a revision to this proposal. 4. We will be notified if for any reason the Town wishes us to stop work. We will be reimbursed for all work completed at the time of that notification within 30 days of our billing the Town. 5. The Price Quote includes attendance of Leonard Charles at one public hearing. Leonard Charles will attend additional public hearings at a cost of $700 per hearing. 6. If the applicant wishes us to prepare the final project description, which entails reviewing all file documents and discussions with the applicant's representatives, this would cost an additional $1,200. 7. If the Town wishes, we can prepare Draft Findings for a cost of $2,900. 8. From our review of the project file, the comments on the Draft MND (assuming that an MND is prepared and circulated) could be extensive and require a considerable amount of time to adequately respond to. It is not possible to estimate the time and costs for that work at this stage, Once all comments on the Draft MND are received (assuming an MND is prepared), we will review Bid Proposal -Caprice Restaurant CEQA Documentation Town of Tiburon Page 7 Leonard Charles and Associates those comments with Town staff and calculate the time that it will take to respond to those comments and prepare the Final MND. Alternatively, if the Town does not wish to amend the contract at a subsequent stage, a contingency fee could be included in this contract to be used for responding to comments. 9. We will not be responsible, under the basic Price Quote, for any of the following tasks: 1 . color mapping or graphics 2. geologic explorations or geologic analysis by a professional geologist, geological engineer, or engineering geologist 3. field sampling for air or water quality 4. biological surveys by a professional botanist or biologist 5. engineering analysis of hydrology, hydraulics, or wave/tidal action. 6. quantitative air quality analysis 7. noise analysis by an acoustic engineer 8. quantitative traffic analysis; 9. use of planimetry techniques, photo montage, or artistic renderings in the visual analysis 10. archaeological explorations or analysis 11. Level 1 or higher investigations for toxic materials 10. The Initial Study (and Mitigated Negative Declaration, if warranted) is intended to be a full disclosure document and is provided solely to assist in the evaluation of the proposed project. Leonard Charles and Associates shall not be liable for costs or damages of any client or third parties caused by use of this document for any other purpose, or for such costs or damages of any client or third parties caused by delay or termination of any project due to judicial or administrative action, whether or not such action is based on the form or content of this report or portion thereof prepared by Leonard Charles and Associates. Bid Proposal -Caprice Restaurant CEQA Documentation Town of Tiburon Page 8 Leonard Charles and Associates W l- e:( ~~ .o~ ~w I- en o () 0 0 10 10 0 0 0 0 0 0 0 0 0 0 0 0 10 0 10 0 10 0 0 / 10 0 ~ ..... 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E ::J U ::> (I) "'0 (tl U5 c;) VJ "0 '61 0 ::J ::J .2 ~ - :s 0 (I) .r:. ~ "'0 0 (I) e "0 ~ 0 IE 0 VJ 0 "'0 U) ::0 (I) ro e ('f) a.. g: C> m 0 :'-.':. (I) "0 (tl '0 e .r:. N (tl .~ CI 0::: (tl ts ~ (I) ~ ~ ~ ro (I) ::J 0 (tl en i:D ~ ~ VJ '" e :0::; e C> J: I- Z .....I <( 0- J: ~ 0 g z ~ 'C ~ (tl :E ::J .5 ::J ~ ~ ~ ro I- ~ "'0 Q) 0 :0::; (I) :J '" (I) 0 VJ (tl e (I) (I) J: 0 0 ts ~ ~ (I) ~ ~ ..... (I) <5 'C .2 :J: 0 (I) .f: ~ 0:: a.. '0' ::0 .J .J (I) (I) (I) ::J ~ <C ~ ~ ~ ~ 0- a.. a.. a.. 0- l- N M oo:i Lri 0 0 T""' l- I- TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting May 21, 2008 Agenda Item: cc -1 STAFF REPORT To: Mayor and Members of the Town Council From: Community Development Department Subject: 100/110 Rolling Hills Road; File No. 60802: Approval ofa Two-Lot Subdivision Parcel Map; Allan N. Littman, Owner and Applicant; Assessor Parcel No. 058-132-40 Reviewed By: ~ BACKGROUND The Town has received a parcel map application from Allan N. Littman that would subdivide a 1.17 acre parcel into two separate lots on property located at 100/110 Rolling Hills Road. Lot 1 would have an area of30,987 square feet and Lot 2 would have an area of20,132 square feet. An existing single-family dwelling exists on Lot 1. The property is located within the Rolling Hills Subdivision, which is developed with detached single-family homes. The Planning Commission approved the Tentative Subdivision Map for this project on June 27, 2007. ANAL YSIS The Town Engineer and Planning Division Staff have reviewed the parcel map and have found it in conformance with the approved Tentative Map, and State and local subdivision regulations. Approval of a parcel map is a ministerial action and is exempt from CEQA. There are no offers of dedication associated with this map. RECOMMENDA TION Staff recommends that the Town Council adopt the Resolution (Exhibit 1) approving the Parcel Map for 100/110 Rolling Hills Road. Exhibits: 1. 2. Draft Resolution Parcel Map Prepared By: Laurie Tyler, Associate Planner RESOLUTION NO. DRAFT A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING A PARCEL MAP FOR THE CREATION OF TWO LOTS ON 1.17 ACRES ON PROPERTY LOCATED AT 100/110 ROLLING HILLS ROAD ASSESSOR PARCEL NUMBER: 058-132-40 RECITALS A Parcel Map proposing the subdivision of a 1.1 7 acre parcel into two lots has been submitted by the property owner, Allan N. Littman. The submitted map has been examined by the Town Engineer and returned to the Town Clerk as required in Section 14.36 of the Tiburon Subdivision Ordinance. The Town Engineer and Planning Division Staff have determined that the map is in substantial conformance with the approved Tentative Subdivision Map (Planning Commission Resolution No. 2007-11), and that all required conditions of approval have been met. APPROV AL NOW, THERFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does approve the map entitled "Parcel Map, Lands of Littman" (3 sheets), prepared by Oberkamper & Associates Civil Engineers, Inc. PASSED AND ADOPTED at a regular meeting of the Town Council on May 21, 2008, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JEFF SLA VITZ, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK TIBURON TOWN COUNCIL RESOLUTION NO. DRAFT LATE MAIL # A-I-I Paradise Estates Homeowners Association c/o Jon Larson, president 4 Mateo Drive Tiburon, CA 94920 jon _larson@hotmai1.com 415-435-0523 May 10, 2008 To: Scott Anderson, Director of CotnmunityDevelopment, City of Tiburon Subject: Proposed Oak planting project This is an official letter from our PEHA home owners association acknowledging the enthusiastic and broad approval and support for the proposed oak planting project along Paradise Drive, by a large majority of the Mateo Drive Paradise Estates Homeowners Association melnbers. We appreciate being named as the best candidate for this balancing of the natural interests of our general area considering the Tiburon Glen project nearby. I am pleased that we have had a 1000/0 support by the three directors and officers, and a strong and near unanimous approval of the proposed project by 13 of the 14 other hotneowners on our hill. Thank you for your continued consideration and suPPOtt. Please let us know what else we can do to facilitate the project which: 1) removes unsightly wild blush and broom which is also a fire hazard 2) further beautifies the natural setting of our area with Califolnia live oak to supplement the healthy oak trees already growing in our area on the hill. Wann regards, Jon Larson J on Larson. president TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting May 21, 2008 Agenda Item: -4 r - ( STAFF REPORT To: Mayor & Members of the Town Council From: Community Development Department Subject: Tiburon Glen Development Project: Review of Broom Eradication and Habitat Restoration Plan (Off-Site Tree Mitigation Plan) for a 3-lot project approved in 2006 that calls for broom removal and tree planting on a Town open space parcel along Paradise Drive below Mateo Drive and broom removal on a Town open space parcel off Gilmartin Drive; APN 038-381-18 and 039-290-39 Reviewed By: BACKGROUND On April 19, 2006, the Town Council approved the Tiburon Glen Precise Development Plan calling for three homes on 26 acres of land off Paradise Drive near Norman Way. One of the project mitigation measures/conditions of approval called for off-site broom removal and live oak tree planting on one or more of three identified Town-owned open space parcels located on Paradise Drive, Gilmartin Drive, or the slopes of Alto Ridge near Ring Mountain. The condition of approval requires that the Town Council approve the planting and restoration plan, termed a Broom Eradication and Habitat Restoration (BEHR) plan. ANAL YSIS A graphic depiction of the BEHR plan is attached as Exhibit 1. A separate narrative description is attached as Exhibit 2. The BEHR plan proposes removal of broom and other invasive plants on 1.93 acres of Town open space along Paradise Drive below Mateo Drive and the planting of 95 live oak trees on that parcel. Another .33 acres of broom would be removed from another Town open space parcel on Gilmartin Drive. The Alto Ridge site near Ring Mountain site would not be utilized. The BEHR plan has been extensively reviewed by Town Staff and the Tiburon Glen EIR biological consultant for feasibility and for conformance with Precise Development Plan condition of approval #20 and Mitigation Measure 5.3-4 from the Tiburon Glen FEIR. Following numerous iterations and revisions, Staff and the EIR biological consultant (Live Oak Associates) conclude that the proposal is feasible and satisfies both the condition of approval and the mitigation measure (see Exhibits 3 and 4). The relevant condition of approval #20, mitigation measure 5.3-4 and supporting materials are attached as Exhibit 5. Detailed drawings for the BEHR plan work will be incorporated into the Subdivision Improvement Drawings and the Grading Permit submittal for the Tiburon Glen project. These 'L\\\'D C:ouncil drawings will include accepted and standardized erosion control methods for disturbed areas, including broom removal areas. These subsequent documents are still at least several months away from completion. The so-called "flaming" of broom seeds is not proposed as a method of controlling re-growth of broom, so Staff sees no significant fire-related issues associated with the work. The proposed oak trees are either carefully situated so as not to result in view blockage, or are so far below homes in elevation that Staff does not envision future view blockage from the new trees. Soil conditions, moisture and sunlight conditions on the Paradise Drive site allow for healthy but relatively short and bushy live oak trees, as can be seen by several existing volunteer live oaks in the immediate where the new trees would be planted. NEIGHBORHOOD REVIEW The project sponsors contacted surrounding owners of the proposed tree planting area in April 2008, and subsequently held a neighborhood meeting on May 8, 2008 at Tiburon Town Hall, to which the surrounding property owners were invited. The Director of Community Development attended this meeting as well. Neighborhood reaction was gauged in advance of the meeting by the Homeowner Association President, was found the reaction to be positive. Consequently, only one neighboring property owner attended the meeting, and he was supportive of the proposal. A separate notice was mailed to neighborhood property owners for this Town Council meeting. RECOMMENDATION Staff recommends that the Town Council: 1. Take testimony from interested persons; 2. Approve the Broom Eradication and Habitat Restoration Plan; and 3. Direct the Town Engineer to issue an Encroachment Permit for said work subject to placing appropriate conditions of approval thereon. EXHIBITS 1. Off-Site Tree Mitigation Plan drawing, revised January 28, 2008 prepared by Donald L. BlaYney & Associates. 2. Narrative for Tree Mitigation Plan. 3. Letter from Live Oak Associates dated March 25, 2008. 4. Memo from Town Engineer Nguyen dated December 7, 2007. 5. Condition of approval, Mitigation Measure 5.3-4 and supporting materials. Prepared by: Scott Anderson, Director of Community Development BEHR f>(AI\ N M'rll.. +: ve.. Tiburon Glen Off-Site Mitigation Areas Broom Species Control Requirements Soecies Descriotion: The three exotic broom species occurring in California are French broom (Genista monspessulana), Scotch broom (Cytlsus scoparius) and Spanish broom (Sparlium junceum). All three species are considered invasive perennial shrubs that grow in grasslands, scrub, and woodland habitats. The broom species reproduces from either seed or vegetative cuttings. Brooms are characterized by their yellow flowers that generally bloom March through June, with a second flowering often occurring in the fall. In August and September, brown seedpods burst open and seeds are shot out onto the soil. Broom can produce 2,000 to 3,500 seedpods per bush, with each seedpod containing several seeds. Further, broom seeds persist and can stay viable for up to five years, and potentially longer. Broom seeds often germinate with early winter rains, establishing a flush of new seedlings from December to July. Broom has many characteristics of a species adapted to disturbance; it grows rapidly; flowers at a young age (as young as two years old); has a long life span (up to seventeen years); a persistent seed bank; and individuals can re-spro",t from the stem base. As a result, repeated treatments conducted over successive seasons are required to effectively reduce or eradicate this invasive weed. Control Reauirements: The following procedures are required for the Tiburon Glen Off-Site Mitigation Areas on Paradise and Gilmartin Drives. 1.) Hand pulling, scraping with a hula hoe, or digging with hand tools is required for controlling young broom plants, seedlings and small infestations between January and May. 2.) Removal of larger mature plants will require the use of a specialized tool called a weed wrench, which acts as a lever to pull the entire plant out, including roots, so that re- sprouting does not occur. 3.) Cutting should be employed where broom individuals are too large to pull. Cutting minimizes soil disturbance and requires tools such as brush cutters, power saws, axes, machetes, hand pruners, loppers, and clippers. Stems should be cut as close to the ground as possible to reduce re-sprouting. 4.) Broom shall be cut at or below ground level in late July or early September, after the broom has set seed (but prior to seed dispersal) and when soil moisture is at its lowest. This will increase the mortality of adult plants and decrease re-sprouting because nutrient reserves are at their lowest. The warm, cleared soil will stimulate seedling germination with repeated cutting and hand removal required to gradually deplete the seed bank. 5.) Re-sprouting stumps should be cut again the following year, either in late spring or the dry season. Repeat this trea~ment annually until the plant's energy sources are depleted. 6.) Seedlings should be mowed the following summer using a brush-cutter. At this stage, seedlings are still vulnerable and can be killed by cutting the stems at or below the root crown. Treatments should be repeated until the seed bank is depleted. Upon removal of mature plants, emerging seedlings will require control for the duration of the mitigation control period. 7.) Broom should be cleared from the site or stacked in piles to increase light penetration to the soil. This will flush out the seedlings, deplete the seed bank, and allow easier access for follow-up treatments. Pulled plants that have not gone to seed can be piled on-site to EXHIBIT NO.~ Tiburon Glen Off-Site Mitigation Areas B~oom Species Control Requirements Page 2 of 2 1/28/08 decompose. Plants that have gone to seed should be piled on tarps or bagged to reduce the number of seeds falling to the ground and germinating. Tarps should be visited annually and eventually removed when materials have decomposed. Other methods as described in the Weed Workers Handbook may be considered (htto:/Iwww.cal- ioc.ora/io/manaaementlwwh/odf/18601.odf). All herbicide or pesticide use must be approved in advance by the Town of Tiburon. TIBURON GLEN- MITIGATION PLANTINGS MAINTENANCE SPECIFICATIONS Page 1 of 4 1/29/08 TIBURON GLEN- MITIGATION PLANTINGS MAINTENANCE SPECIFICATIONS Tree Container Size and Plantina Densities: The mitigation trees are recommended to be young, seedling trees planted from tree pots (10" tree bands, bottomless) as normally produced for revegetation projects. The planting of young trees will permit optimal adaptation to the soil conditions. The tree plantings should be provided with irrigation as required for establishment, appropriate predator protection (wire screens), and weed control, including the annual removal of French broom infestations in tree planting areas. The trees are to be maintained for a period of five years. Planting densities are recommended at an average of 15 feet on center (194 trees per acre). Actual planting locations should be selected based upon the specific planting conditions, including soils, soil moisture patterns, adjacent vegetation typep, and solar exposure. Attached is a planting detail showing the recommended planting materials. Recommended maintenance specifications for care of the tree plantings are as follows. TREE PLANTING MAINTENANCE SPECIFICATIONS 1.0 Goals and Obiectives These specifications are the maintenance requirements for the native tree replacement plantings in the Tiburon Glen Estates project in Tiburon, CA. These specifications are part of the maintenance contract. The landscape maintenance contractor (contractor) and project supervisor are responsible for understanding and implementing these specifications. 2.0 Work Included The landscape maintenance contractor is required to provide qualified supervisory personnel, labor, materials including fertilizer, pesticides, and fungicides, and appropriate equipment necessary to maintain the tree plantings to the quality and degree described by these maintenance specifications. The maintenance contract shall be for a minimum five-year period fOllowing planting. 3.0 Suoervision and Insoections The landscape maintenance contractor and his supervisor assigned to the project shall be experienced in all areas of commercial landscape maintenance and shall have a four year degree in horticulture or equivalent experience. The contractor is responsible for keeping the Tiburon Glen Estates representative informed of all matters regarding this landscape management program and to provide reports as described in the section 4.0. TIBURON GLEN- MITIGATION PLANTINGS MAINTENANCE SPECIFICATIONS page 2 of 4 1/29/08 4.0 Quarterlv Reportina Once each quarter the maintenance contractor will provide the Tiburon Glen Estates representative, with a report detailing all maintenance operations for the previous quarter. These reports shall include tree survival counts, irrigation schedules, pesticide or herbicide applications, pruning, and any additional work performed on a time and materials basis. . 5.0 Consultants/Specialists The owner may hire consultants or specialists, as they deem necessary to recommend changes or improvements in the landscape management program. The contractor will implement recommended changes by the consultant or specialist at the direction of the Tiburon Glen Estates representative. If recommended work is beyond the scope of these specifications then contractor shall perform work on a time and materials basis. 6.0 Irriaation Manaaement Irrigation management is a critical component of this project. This requires that the landscape manager be trained in water management techniques. Frequency and duration of irrigation applications (including IS-TG gel packs) should be reviewed on a regular basis in relation to prevailing seasonal and climatic conditions. The contractor is responsible for adjusting irrigation schedules and gel pack replacements in response to prevailing weather patterns and is responsible for any damage or plant loss resulting from improper irrigation management. Soil moisture shall be checked regularly with a soil probe or similar tool. Records shall be maintained detailing irrigation applications. 7.0 Replacement of Plant Material The maintenance contractor is responsible for identifying and replacing plant material, which dies or is severely damaged by pests, disease, or improper care, caused by the negligent actions of maintenance personnel. Replacement plants shall be of comparable size and species or variety. Replacement of plant material for other reasons will be done on a time and materials basis. Hand irrigation may be required to establish replacement plants and shall be the contractor's responsibility as part of this contract. 9.0 Disease and Pest Control Any pest, weed, or disease problems shall be primarily controlled using proper cultural techniques. If control cannot be achieved in this manner, then and only then, may pesticides, fungicides, or herbicides be considered. Broom eradication and control is part of this contract. Refer to the Off-Site Tree Mitigation Plan (Donald Blayney and Associates) for broom control specifications. The contractor shall first obtain an accurate identification of the insect, weed, or disease TIBURON GLEN- MITIGATION PLANTINGS MAINTENANCE SPECIFICATIONS P~ge 3 of 4 1/29/08 by a U.C. Extension advisor, entomologist, turf specialist, or pest control advisor. Based on this identification a pest control advisor or pest control operator shall specify chemical types, rates, and application methods. Additionally, alternatives and mitigation measures that would substantially lessen the impact of pesticides should be considered including procedures used under Integrated Pest Management programs. All pesticides, fungicides, and herbicides shall be applied under the direct supervision of a licensed pest control operator after first obtaining permission from the Tiburon Glen Estates representative. All necessary paperwork, permits, reports, or government approvals shall be the sole responsibility of the contractor. Minor infestations ot common insect pests should be tolerated, and routine spraying is to be avoided. If major infestations do occur, the contractor shall be responsible for identifying the problem and treating it appropriately. Tree and shrub diseases are more serious in nature and should be controlled immediately upon identification. A regularly scheduled, detailed inspection is required to thoroughly identify and diagnose plant problems and to prevent serious damage. Contractor shall be responsible for damage or effects arising out of any and all pesticide use. 10.0 Weed Control It is the responsibility of the contractor to maintain areas within 18 inches of trees relatively weed free. A weed control fabric is used around the base of the new trees. Any weeds occurring in this weed cloth area should be pulled and not chopped. Pre- emergent herbicides are not recommended for use in the tree planting areas. 11.0 F.ertilizer Fertilizers are not required as part of the maintenance program. In the event that nutrient deficiencies become evident, then soil sampling shall be completed and the recommendations provided by the soil laboratory followed. 12.0 Prunina Tree pruning shall be limited to removal of dead branches and correcting severe structural defects. Pruning shall be performed under the direction of a qualified ISA Certified Arborist. Trees that are improperly pruned and not recoverable shall be replaced with an equal size tree at the contractor's expense. 13.0 Stakina and Predator Control All existing stakes and ties shall be maintained and replaced with equal material until tree is able to stand free and withstand strong wind~. Stakes shall not be placed where TIBURON GLEN- MITIGATION PLANTINGS MAINTENANCE SPECIFICATIONS Page 4 of 4 1/29/08 abrasion of limbs or the trunk occurs. Tie material shall be a flexible type to allow movement of tree. Predator protection screens on seedling trees shall be maintained and adjusted as required to permit unrestricted growth of the tree, while protecting the tree from deer or other animal damage. The contractor is responsible for trees damaged from deer or other animals resulting from improper maintenance. 14.0 Herbicide and Pesticide Aoorovals. All herbicide or pesticide use must be approved in advance by the Town of Tiburon. All approvals must be in writing. LIVE OAK ASSOUIATES, INU. an Ecological Consulting Firm March 25,2008 Scott Anderson Director of Community Development Town of Tiburon 1505 Tiburon Blvd Tiburon CA 94920 SUBJECT: Review of Off-Site Tree Mitigation/Broom Eradication & Habitat Restoration Plan; PD #22; File #30403; Re-submittal of off-site tree mitigation plan (LOA PN 373-05) Dear Scott: We have reviewed the materials provided to us by the Town of Tiburon (dated January 30, 2008) for explicit purpose of ascertaining the adequacy of the applicant's tree mitigation plan for impacts incurred from the Tiburon Glen three-lot residential project. Suitable mitigations were outlined in Mitigation Measure 5.3-4 of the Tiburon Glen Second Addendum to the August 2003 Final Environmental Impact Report. This mitigation was proposed to accommodate impacts to the mixed coast live oak-bay woodland (Impact 5.3-4) from the project which would result in the loss of 168 trees. The materials provided us for review included a cover letter from the Town, email dated January 29,2008 from James McNair (applicants landscape architect), Tiburon Glen - Mitigation Plantings Maintenance Specifications (dated January 29,2008), and Tiburon Glen - Off-Site Mitigation Area (dated January 28, 2008), in addition to the materials we have prepared for previous submittals. Our review of the Mitigation Plantings Maintenance Specifications provides adequate information as to the size of the tree plantings (appropriate for restoration efforts), suitable irrigation, length (5-years) and type of maintenance. While not explicitly noted in this summary are the success criteria outlined in Mitigation Measure 5 .3-4(b) and for completeness I list them here. These success criteria are those metrics that will determine the overall success of the tree planting component of this mitigation measures. . Develop success criteria and a monitoring schedule for the five-year monitoring period based on the following: The success of the Tree Mitigation and Enhancement Plan shall be monitored by a qualified restoration ecologist for a period not less than five years after initial San Jose: 6840 Via delOra, Suite 220. San Jose, CA 95119. Phone: (408) 224-8300. Fax: (408) 224-1411 Oakhurst: P.O. Box 2697 . 39930 Sierra Way, Suite B . Oakhurst, CA 93644 . Phone: (559) 642-4880 . Fax: (559) 642-4883 ~ Bakersfield: 8200 Stockdale Highway, M10-293. Bakersfield, CA 93311 EXHIBIT NO. implementation. Elements such as plant survival, percent cover, tree height and basal area, plant vigor / health, and natural recruitment / reproduction shall be evaluated during the annual monitoring of the replanted sites. The following criteria for monitoring the replanted trees shall be employed: D Plant Survival All trees installed shall have a 100 percent survival performance criterion during Year 1 of monitoring and an 80 percent survival performance criterion during Years 2 through 5 of monitoring period. All dead trees shall be replaced if survival falls below this performance criterion. The monitoring period shall start anew following replanting at any time, if survival falls below 80 percent. Survival results following the cessation of irrigation during the three-year establishment period would indicate whether plants' roots are sufficiently developed to support the plants under natural conditions. D Percent Tree Cover Percent cover would be used as an indicator of successful establishment of habitat. The final percent cover goal by Year 5 of monitoring is 15 percent tree cover of the area planted. D Tree Height and Basal Area The height of the replacement trees along with their basal area shall be measured during the annual monitoring. The area at the base of a tree provides a good measure of woodland biomass and tree diameter growth. By the end of the five year monitoring period, the trees should be at a predetermined height and have a predetermined basal area. D Plant Vigor / Health The overall plant vigor and health of the installed trees shall be monitored. Taken into consideration in the qualitative observation of vigor and health would be the factors of plant color, bud development, new growth, herbivory, drought stress, fungal/insect infestation, and physical damage. If a plant's foliage is abnormally sparse, then the health/vigor rating shall be lowered accordingly, even if the foliage present is healthy. Overall health and vigor shall be rated according to the following scale: D High -- 1-3 --67-100 percent healthy foliage D Medium -- 4-6 -- 34-66 percent healthy foliage D Low -- 7-9 -- 0-33 percent healthy foliage. D Dead -- 10 Natural Reproduction / Recruitment Natural reproduction/recruitment of woody plant species within the mitigation areas shall be monitored. Additional trees which had not previously been planted shall be counted and considered to be natural reproduction and recruitment. Any other native or non-native woody plants that become established shall also be counted and reported by species. An important component of this mitigation is the broom eradication proposed for the off-site location along Gilmartin Drive. As noted in our November 2007 memos (emails from Melissa Denena on November 16 and 27,2007), the original Gilmartin Drive site was a narrow strip along the roadway which we believed would compromise the effectiveness of this element of the mitigation. We had suggested choosing a less narrow site as we believed this would sufficiently address this concern. In addition, we noted that the previous plan lacked site specific detail regarding broom eradication techniques that would be employed. 2 Live Oak Associates, Inc. After review of the "Tiburon-Glen Off-Site Mitigation Areas; Broom Species Control Requirements (dated January 28, 2008), we have concluded that the applicant: 1) has chosen a site where broom eradication is more likely to succeed and 2) has adequately described site specific eradication techniques for the three species of broom that occur at this new Gilmartin Drive site. If you have any further questions regarding our review please contact me at your earliest convenIence. Sincerely, ~ Rick A. Hopkins, Ph.D., Principal and Senior Conservation Biologist 3 Live Oak Associates, Inc. Town of Tiburon MEMORANDUM ..........-----.~ TO: Scott Anderson Nicholas Nguyen ~ FROM: cc: SUBJECT: Tiburon Glen Mitigation Sites DATE: December 7, 2007 . ..... .... .......... .......... ........ ....... ... ... Scott, Thanks for the opportunity to comment on the preliminary plans for vegetation mitigation related to the Tiburon Glen development project. I visited and reviewed the sites. I have attached a standard list of conditions from our Public Works encroachment permit with key conditions highlighted. Key conditions are repeated below: 1. Get all the necessary permits before starting, such as with the County of Marin for access from Paradise Drive. 2. Identify work methods and get approval, such as work procedures, number and types of vehicles and equipment, ingress and egress locations, and staging areas. 3. Work hours: 8 to 5. 4. Submit and get approval for traffic control plan. 5. Provide at least 1 year warranty for work. 6. No storage of material or debris onsite unless approved by Town. 7. Maintain public convenience and safety. 8. Provide erosion control plan and get approval. 9. Provide daily clean up. 10. Protect property and facility to remain. Damages to facilities, such as pavement, will be repaired at contractor cost. 11. Provide indemnification and insurance to Town. EXHIBIT NO. Lf- pedestrian trail within the easement and/or its adjoining easement located on (\, assessor .p~el ?39-02l-07. Applicant-perfo~ed work ~h~l be done as part of "\"\ the subdIvIsIon Improvement phase of the proJect. If an In-heu monetary \, '~ontribution is proposed instead of applicant installation, then said payment shall ~lJ(:ur prior to recordation of the parcel map. The amount of any monetary coo'ttibution shall be based on an estimate by the Town Engineer. As ~,the installation of the subdivision improvements, applicant shall remove al~ld fencing and fence-posts, litter, garbage, and other junk materials from the enti~, site. Extreme care (up to removal and off-hauling by hand) shall be used during ~ removal process to avoid impacts to sensitive biological resources. ~" , . Fire apparatus turnar:'rin.. eas shown on Lots 1 and 3 shall be recorded as \ easements on the parcel n:t to the satisfaction of the Town Engineer. 15. 16. 17. ~ ----=-__ _m'__.. - ~ 20. 18. \"1 "\ Exterior lighting (for roadways'" residential improvements) shall be limited to the minimum amount necessary to sap illuminate points of acc~ss and outdoor use areas. Prior to the approval of subdivi, . on improvement drawings for the proj ect, the Design Review Board shall review a1t~ ects of the proposed roadway lighting. In its review of individual homes, the Destgp eview Board shall carefully review all proposed lighting to minimize its visibility'fro surrounding properties and Paradise . \ Dnve. \"\. \, Where feasible and appropriate in the opinion ofthe wn Engineer, guest '" parking areas for each lot shall be composed of pe~a surfaces. Appearance and vegetative screening of all retaining ~n xcess of forty-two (42) inches in height shall be subject to review and approval ~e Design Review Board. Bonding or other monetary security for maint~i!e and replacement of retaining wall landscaping for the lifetime of the re . . g walls shall be secured by the Town prior to recordation of the parcel map. e ount of monetary security shall be acceptable to the Director of Public Works the terms of the maintenance and replacement shall be acceptable to the Town Attorney. - - 19. The Tiburon Town.Council must approve the Broom Eradication and Habitat Restoration Program (BEHR) required by Mitigation Measure 5-3.4(c) prior to issuance of a grading permit for the project's subdivision improvements. The Mitigation Monitoring Plan (MMP) required by the mitigation measure shall incorporate the general requirements set forth in the memorandum (four pages) from Nichols-Berman to the Town of Tiburon dated April 6, 2006 (Exhibit "B"). To the extent feasibl.e, the BEHR shall locate replacement trees on Town- controlled land, preferably near existing woodlands and preferably located on the Tiburon Town Council Resolution No. 22-2006 April 19,2006 7 ~o...rc.-f. ~ .,-~ b""'V '^ G \ e~ Pre; ,,~ D~" ~ ~ J- P It..... ~~ f'\IIJ V J. 5 EXHIBIT north or north~ast (Paradise Drive) side of the Tiburon Peninsula. Fulfillment of the BEHR shall be guaranteed by either: I) physical implementation by the project sponsor as deemed acceptable to the Town; or 2) through provision of funding to the Town'in an amount deemed acceptable by the Town such that the BEHR may be physically implemented by the Town., The Town shall have sole authority to select which option or combination of the options is used to implement the BERR. If option 1 is selected, implementation (including ongoing broom removal, maintenance, and tree replacement for the monitoring life of the BEHR) shall be guaranteed through full performance bonding and! or other appropriate monetary security as approved by the Town Attorney. The issues of potential soil erosion, drainage, soil instability, view blockage, fire prevention (should "flaming" of seeds be proposed), shall be addressed to the satisfaction of the Town Council prior to approval of the BERR. An encroachment permit shall also be required prior to commencement of work on Town parcels. -L-- 21. At least 50% of the "Large Canopy Trees" shown on Sheet 1 of the On-Site Tree Mitigation Plan shall be upgraded to 24" box trees (from 15-gallon trees) in order to provide more immediate strategic screening of retaining walls, homes, and other site disturbance. 24. The landscape plan associated with subdivision improvements shall be reviewed an approved by the Design Review Board, with special attention paid to the strate . location of larger-canopy trees for maximum screening of project improve ts,~om Paradise Drive. The Design Review Board shall also ensure that the en ad~ay landscaping more closely resembles prevailing landscaping along Paradise 've'"a~d does not form a visibly abrupt change from informal native landscaping t ()~~l, obviously introduced landscaping. '''-.,.\ '~, Photosimulation(s) of eacn Iappsed residence and its ancillary improvements are required to be submitted at the .", .~, of Site Plan & Architectural Review application for each residence, wi 'the photosimulation( s) taken from the same "- location( s) as depicted in. the Secon 1klendum to the EIR. Lot 3 shall be required to submit a photosimulation fr '\\~oth Viewpoint 1 and Viewpoint 2 as depicted in the Second Addendum, while ~d 2 need be depicted only from Viewpoint 1. .'\. "" A detailed Tree Protection Plan shall be submitte 'th the subdivision improvement drawings to set forth protection meas for trees to be retained during project construction. Said Plan shall be reviewe d approved by the Director of Community Development and Director of Pub . Works. The applicant shall bear the cost for any Town-required third preview of the Tree Protection Plan. 23. '1: Tiburon Town Council Resolution No. 22-2006 April 19,2006 8 ........ ~ III b.! 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Berman Environmental Planners 110 East 0 Street - Suite E Benicia, CA 94510 707-745-5845 Phone 707-745-5856 FAX bob@nicholsberman.com 2039 Shattuck Avenue - Suite 507 Berkeley, CA 94704 510-883-9520 Phone 510-548-1263 FAX berkeley@nicholsberman.com MEMORANDUM DA TE: April 6, 2006 TO: Scott Anderson, Community Development Director, Town of Tiburon REGARDING: Tiburon Glen Off-Site Tree Mitigation FROM: Bob Berman, Nichols-Berman Melissa Denena, Live Oak Associates, Inc. MESSAGE: As discussed in the Tiburon Glen Second Addendum to the August 2003 Final Environmental Impact Report (Second Addendum) the impact of the proposed three-lot residenti~l project on oak-bay woodland (Impact 5.3-4 Loss of Mixed Coast Live Oak-Bay Woodland) would be a significant unavoidable impact. This was due to the fact that an off-site tree mitigation plan had not been identified. In addition, due to the oak-bay woodland impact two additional impacts (5.1-3 Secondary Effects of Grading for Landslide Repair and 5.3-10 Cumulative Biologic Impacts) were identified as significant' unavoidable impacts. The project applicant (Xanadu Property Holding, LLC) first submitted an off-site tree mitigation plan for a site off of Gilmartin Drive. The Town Council has required that the applicant look for additional sites that. could feasibly be used to implement the off-site tree mitigation on the Tiburon Peninsula. On March 31, 2006, Live Oak Associates, h?-c. (the EIR biologists) visited four additional proposed off-site locations to assess their suitability to be utilized to implement the Tiburon Glen off-site mitigation. Following this site visit, a letter was written by Donald L. Blayney & Associates (dated April 4, 2006) to Scott Anderson with the TiburonPlanning Department discussing these off-site areas. As requested by Town staff, Nichols . Berman and Live Oak Associates, Inc. have reviewed the proposed Tiburon Glen off-site tree mitigation locations and the letter written by Don Blayney. After conducting site visits to these additional sites, Live Oak Associates, Inc. concludes that impacts to the mixed coast live oak-bay woodland on the Tiburon Glen project site would be feasibly mitigated consistent with the requirements of Mitigation Measure 5.3-4. Therefore with the implementation of the off-site tree mitigation, impacts of the three-lot proposal to the Tiburon Glen woodland habitat (Impact 5.3-4) would be reduced to a less-than-significant level. As discussed in the Second Addendum, the proposed three-lot project would require the removal of 168 trees. This number has been reduced from the original 517 trees proposed for removal in the eight-lot plan. To offset the loss of the 168 on-site trees, the project applicant would need to mitigate at a 3:1 ratio, equaling 504 trees. The applicant's On-Site Tree Mitigation Plan proposes to plant 315 replacement trees within the project boundaries (reduced from 373 trees originally planned due to placement near development and within the debris basin). However, this plan proposes to plant 268 of these trees on 12-foot centers, which is not sufficient spacing for coast live oaks. Therefore, once the spacing is adjusted, fewer than 315 trees may be considered suitable mitigation plantings. However, assuming that 315 trees can be planted on-site, a total of 189 trees would need to be planted off-site to reduce impacts to the mixed coast live oak-bay woodland to a less-than-significant level. If the applicant engages in broom eradication at the off-site location, a discount would be given to the number of off-site trees required to be planted per Mitigation Measure 5.3-4. If broom was to be removed in only the areas proposed for planting, a 25 percent discount would be credited, reducing the number of trees to be planted off-site to 142. If broom was to be removed in not only the areas to be planted, but a more extensive area, for instance twice the acreage, a 50 percent discount would be credited, reducing the number of trees to be planted off-site to 95. The four additional areas evaluated on Town-owned land were located: 1. at the end of Gilmartin Drive, 2~ south of Paradise Drive east of Trestle Glen Boulevard, 3. along Paradise Drive west of Trestle Glen Boulevard, and 4. at a site at the end of Eagle Rock Road, extending up toward the Tiburon Ridge Trail. Based on the field review by Live Oak Associates, areas 1 and 2 were eliminated from consideration as they support serpentine habitat, a sensitive resource in and of itself. Serpentine habitat is underlain by rocky, nutrient-poor soils that give rise to a unique flora. Woodland habitat does not generally establish in serpentine soils. The best and most suitable location evaluated is Area 3. Live oak Associates concludes that off-site mitigation could be successfully implemented at Area 3, reducing Impact 5.3-4 to a less-than-significant level. If the off-site mitigation could not be compensated for entirely at Area 3, portions of Area 4 support habitat suitable for tree plantings which could also reduce Impact '5.3-4 to a less-than-significant level. The Gilmartin Drive open space "site previously analyzed in the January 2006 Nichols-Berman memo could, from a biological standpoint, be successfully utilized for all or a portion of the required off-site mitigation.Area 3 is located along Paradise Drive west of Trestle Glen Boulevard. This 2.95 acre site situated on the north side of the Tiburon Peninsula supports a little over one acre of existing mature woodland habitat with approximately 1.80 acres of habitat suitable for off-site tree mitigation plantings. The existing habitat of the portion of the site proposed for planting is a mix of oaks and other woody vegetation scattered along a disturbed slope with areas dominated by dense stands of broom. Upslope from the site are a few houses. The area.downslope from the site is densely vegetated with a few scattered houses built within the woodland. Historically, this site may have consisted entirely of woodland habitat, largely displaced over time by human activity. Additionally, after reviewing an aerial photograph of the site taken in February of 2004, it appears that the broom is spreading very quickly on'this property. Only a few small areas appear to have been vegetated by broom a little over two years before the April 2006 field visit. If approved, an Area 3 mitigation plan should consist of removing all broom occurring on the site, which is concentrated on the 1.80-acre portion of the site proposed for planting. This broom removal would provide a 25 percent discount in the number of trees required to be planted, as set forth in Mitigation Measure 5.3-4(c). A total of 142 trees should then be planted within the 1.80-acre area. An alternative to implementing the off-site mitigation on (Area 3) is a 60-acre Eagle Rock site (Area 4), which can also be accessed from the end of Via Los Altos in the vicinity of the Tiburon Ridge Trail. Area 4 is located on Town-owned open space land adjacent to Marin County-owned open space land. There are a few scattered woody species on this property with a dense stand of woody vegetation growing within a drainage onsite. Additionally, portions of the site support dense stands of broom with other areas persisting as open grassland habitat. It would be possible for the applicant to successfully implement a tree mitigation program in the portion of this site surrounding the drainage (i.e. the wooded area) and on the more northerly facing slopes dominated by broom. If broom were to be removed solely from the areas planted, a 25 percent discount would apply, resulting in the need to plant a total of 142 trees. If a larger area of broom was eradicated it is possible that a 50 percent discount could apply, resulting in the need to plant a total of 95 trees. One critical aspect of the success of the off-site tree mitigation plan is to ensure that broom removal efforts will be successful. IP A, Inc. has proposed a brief outline of what will be implemented in the future to ensure the continued control of the broom at the off-site mitigation location. In short, the applicant will be required have all broom in the vicinity of the newly planted trees pulled by hand or with an appropriate tool between January and May., Broom should be removed not only from the exactpro'posed planting locations, but also within a buffer area surrounding the newly planted trees. Following the broom removal, all new seedlings will be killed via "flaming" for a minimum of a five year period. All broom eradication work implemented by the applicant should be consistent with the guidelines provided in the California Invasive Plant Council' s Weed Workers Handbook. Broom eradication is a very difficult task. Success results when an eradication program is implemented that involves intensive ongoing maintenance by lmowledgeable individuals. Another aspect of the success of the off-site tree mitigation plan is to ensure the availability of water supply. The applicant would be required to appropriately water the newly planted off-site replacement trees for a minimum of two years. [Let's leave the details for the MMP]. ' Implementation of off-site mitigation on any of the Town-owned properties (i.e. Area 3, Area 4, or the Gilmartin Drive open space), or a combination thereof, would result in the successful creation of woodland habitat on the Tiburon Peninsula. By planting 315 trees on the Tiburon Glen site and anywhere from 95 to 189 trees (depending on the extent of the broom removal) on Town-owned land off-site for a total of 410 to 504 replacement trees (3:1 ratio), ~e impact to the mixed coast live oak- bay woodland would be reduced to a less-than-significant level (Impact 5.3-4). By reducing Impact 5.3-4 to a less-than-significant level, Impact 5.1-3 (Secondary Effects of Grading for Landslide Repair) and Impact 5.3-10 (Cumulative Biological Impacts) would likewise be reduced to a less-than- significant level. As required by Mitigation Measure 5 .3-4( c) the project applicant would still be required to prepare a Mitigation and Monitoring Plan (MMP) for the off-site tree mitigation plan. The MMP shall include not only detailed measures of how to implement the broom eradication program and source of irrigation, but also similar measure as those required for the on-site tree replacement trees for ensuring the success of the off-site mitigation via monitoring. Monitoring measures outlined in Mitigation Measure 5 .3-4(b) are as follows: "The success of the Tree Mitigation and Enhancement Plan shall be monitored by a qualified restoration ecologist for a period not less than five years after initial implementation. Elements such as plant survival, percent cover, tree height and basal area, plant vigor / health, and natural recruitment / reproduction shall be evaluated during the annual monitoring of the replanted sites. The following criteria for monitoring the replanted trees shall be employed: o Plant Survival All trees installed shall have a 100 percent survival performance criterion during Year 1 of monitoring and an 80 percent survival performance criterion during Years 2 through 5 of monitoring period. All dead trees shall be replaced if survival' falls below this performance criterion. The monitoring period shall start anew following replanting at any time, if survival falls below 80 percent. Survival results following the cessation of irrigation during the three-year establishment period would indicate whether plants' roots are sufficiently developed to support the plants under natural conditions. o Percent Tree Cover Percent cover would be used as an indicator of successful establishment of habitat. The final percent cover goal by Year 5 of monitoring is 15 percent tree cover of the area planted. o Tree Height and Basal Area The height of the replacement trees along with their basal area shall be measured during the annual monitoring. The area at the base of a tree provides a good measure of woodland biomass and tree diameter growth. By the end of the five year monitoring period, the trees should be at a predetermined height and have a predetermined basal area. o Plant Vigor / Health The overall plant vigor and health of the installed trees shall be monitored. Taken 'into consideration in the qualitative observation of vigor and health would be the factors of plant color, bud development, new growth, herbivory, drought stress, fungal/insect infestation, and physical damage. If a plant's foliage is abnormally sparse, then the health/vigor rating shall be lowered accordingly, even if the foliage present is healthy. Overall health and vigor shall be rated according to the following scale: · High -- 1-3 --67-100 percent healthy foliage · Medium ,..- 4-6 -- 34-66 percent healthy foliage · Low -- 7-9 -- 0-33 percent healthy foliage. · Dead -- 10 o ' Natural Reproduction /Recruitment Natural reproduction/recruitment of woody plant species within the mitigation areas shall be monitored. Additional trees which had not previously been planted shall be counted and considered to be natural reproduction and recruitment. Any other native or non-native woody plants that become established shall also be counted and reported by species." An additional monitoring measure should be added for the off-site mitigation setting a threshold of broom allowance. For instance, anytime a stand of broom is observed reestablishing within the mitigation area, a standard approach for eradicating the broom should be implemented. If eradication is not successful, the monitoring will start anew until the broom has been successfully dealt with at the off-site mitigation location. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting May 21, 200S/} Agenda Item: r'lf-l STAFF REP()RT To: Mayor & Members of the Town Council From: Community Development Department Subject: File #40801; Request to Amend Planned Development #19 (7 & 9 Wilkins Court) to Modify a Building Envelope and Create a Landscape Envelope; 7 Wilkins Court; Quentin Keith Hills, Owner; Ruschmeyer & Associates, Applicants; Assessor's Parcel No. 039-070-32 Reviewed By: -€/ BACKGROUND On May 7, 2008 the Town Council held a public hearing and passed first reading of this ordinance. There was no public comment. The item now comes to the Town Council for second reading and adoption. ENVIRONMENTAL DETERMINATION Staff has preliminarily determined that the subject application is categorically exempt from the requirements ofCEQA per Section 15301 (Existing Facilities) of the CEQA Guidelines. RECOMMENDA TION Staff recommends that the Town Council: 1. Hold a public hearing. 2. Move to read by title only, pass the motion, read by title, and hold a role call vote adopting the Ordinance (Exhibit 1). EXHIBITS 1. Draft ordinance to amend the 7 & 9 Wilkins Court Master Plan Prepared by: Scott Phillips, Assistant Planner ORDINANCE NO. N. S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING THE 7 & 9 WILKINS COURT MASTER PLAN (PD#19) TO MODIFY A BUILDING ENVELOPE AND CREATE A LANDSCAPE ENVELOPE ON PROPERTY LOCATED AT 7 WILKINS COURT The Town Council of the Town of Tiburon does ordain as follows: SECTION 1. RECITALS AND FINDINGS. 1. In 1978, the Town adopted Ordinance No. 198 N. S. approving a Master Plan for certain property, allowing for the development of a 1.97 -acre parcel of land to be used as building sites for two single family dwellings, and establishing various zoning parameters therefore. 2. The 1.97 acre property was subsequently developed with two single family dwellings now known as 7 and 9 Wilkins Court. 3. The Town has subsequently amended the 7 & 9 Wilkins Court Master Plan to expand the building envelope through adoption of Ordinance 284 N .S. in 1984. 4. The Town of Tiburon is currently in receipt of an application from Ruschmeyer & Associates to amend the aforesaid Master Plan by allowing for the creation of a landscape envelope and to expand the existing building envelope at 7 Wilkins Court; and 5. The Tiburon Planning Commission held a duly noticed public hearing on April 9, 2008, heard testimony from any interested persons, and recommended conditional approval of the master plan amendment application to the Town Council by adopting Resolution No. 2008-07. 6. The Town Council held public hearings on May 7,2008, and May 21,2008, heard and considered any public testimony on the matter, and has reviewed and considered the entire project record. 7. The Town Council finds that the project is consistent with the goals and policies of the Tiburon General Plan; is in conformance with standards and regulations of the Tiburon Zoning Ordinance; and is consistent with other provisions of the 7 & 9 Wilkins Court Master Plan, as set forth and documented in the Staff Reports dated April 9, 2008 and May 7, 2008. Town ofTiburon Ordinance No. DRAFT Effective --/--/2008 1 8. The Town Council finds that the master plan amendment will not be contrary to the public health, safety or general welfare. 9. The Town Council finds that the project is categorically exempt from CEQA pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines. SECTION 2. MASTER PLAN AMENDMENT. The Town Council of the Town of Tiburon does hereby amend the 7 & 9 Wilkins Court Master Plan (PD# 19) creating a landscape envelope and expanding the existing building envelope at 7 Wilkins Court, subject to conditions as set forth in attached Exhibit "A", hereby incorporated into and made a part of this Ordinance. SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of the court of competent jurisdiction, such section, subsection, sentence, clause or phrase shall be deemed severable and shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. SECTION 4. EFFECTIVE DATE This Ordinance shall take effect and be in force thirty (30) days after the date of passage and before the expiration of fifteen (15) days after its passage a copy of the ordinance shall be published with the names of the members voting for and against it at least once in a newspaper of general circulation published in the Town of Tiburon. This Ordinance was introduced at a meeting of the Town Council held on , 2008, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on ,2008, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Town ofTiburon Ordinance No. DRAFT Effective --/--/2008 2 ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town ofTiburon Ordinance No. DRAFT JEFF SLA VITZ, MAYOR TOWN OF TIBURON Effective --/--/2008 3 Exhibit" A" 1. The building envelope modification for Parcel 1 (7 Wilkins Court) is amended as shown on the drawing (one sheet) entitled "Proposed Site Plan, Hills Residence Remodel", last. revised 3/31/2008, prepared by Ruschmeyer & Associates, said drawing being on file with the Town of Tiburon Planning Division in File #30801. 2. A Landscape Envelope for Parcell (7 Wilkins Court) is hereby established as shown on the drawing (one sheet) entitled "Proposed Site Plan, Hills Residence Remodel", last revised 4/08/2008, prepared by Ruschmeyer & Associates, said drawing being on file with the Town of Tiburon Planning Division in File #30801. 3. The purpose and limitations of the Landscape Envelope is as follows: Landscape Envelope: An envelope within which plantings and landscaping may be installed in a manner that deviates from the "undeveloped state" otherwise required by the Parcel Map note and the "natural state" otherwise required in the recorded CC&R's for the subdivision. A six (6) foot maximum height limit from grade is established for all improvements within the Landscape Envelope other than landscape plantings. Walkways, low retaining walls, fencing, and other similar improvements may be installed in the Landscape Envelope after securing of site plan and architectural review [ design review] approval and any required building permits from the Town of Tiburon. Site plan and architectural review approval shall be required whether or not such improvements would otherwise require such approval if not located within this Planned Development zone. 4. Amendment of the most recent Parcel Map for this Planned Development subdivision (PM 23-30) shall not be required by the Town in order to effectuate the modified Building Envelope or the new Landscape Envelope for Parcell (7 Wilkins Court). The Town Council declares that modification of this Master Plan by approval of the drawings referenced herein is sufficient to effectuate the amended Building Envelope and new Landscape Envelope for Parcel 1 for zoning conformance purposes. 5. No improvements shall be installed or constructed outside of the approved building envelopes, landscape envelopes, landscape easement, or access and utility easements within the Planned Development. Land outside of these delineated areas shall remain in its undeveloped state as per the note on the recorded Parcel Map and in its natural state in accordance with recorded CC&R's for the subdivision. 6. No improvements, including landscaping, shall be located within, or restrict access to or over, the ten (10) foot wide pedestrian access easement located on Parcell (7 Wilkins Court). All existing fencing, landscaping and other impediments to pedestrian access shall be removed from the pedestrian access easement within ninety (90) days of the effective date of this amendment. Permittee shall take no actions that would in any way impede pedestrian access within the easement. 7. The proposed stone bollard closest to Wilkins Court shall be relocated to a position outside of the pedestrian access easement. 8. Town Staff shall pay specific attention to existing drainage patterns when reviewing all proposed improvements and shall avoid project elements that would require substantial changes to existing drainage patterns. 9. Substantial grading or topography changes shall be discouraged within the approved landscape envelope. 10. This approval shall in no way alter other applicable provisions of the 7 & 9 Wilkins Court Master Plan established by Town Council Ordinance Nos. 198 N. S. and 284 N. S. that are not specifically described herein. S:\AdministrationlTown CouncillStaffReportsl2008\May 7 DRAFTSI7 Wilkins Court ordinance Exhibit A.doc TOWN OF TIBURON ~ 1505 Tiburon Boulevard Tiburon, CA 94920 T own Council Meeting May 21, 2008 Agenda I tern: P H- 3> STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Attorney Subject: Recommendation to Introduce and Pass First Reading of Contract ~~ Reviewed By: BACKGROUND Chapter 3A governs the manner in which the Town may enter into valid and binding contracts. The ordinance establishes maximum contract authorization amounts for the town manager and department heads and procedures for the bidding, award and execution of authorized contracts. The Town Council first adopted Chapter 3A in 1998 and has made only minor modifications since that time. In the interim, changes to state law and inflation have rendered the contract amounts obsolete. In addition to changing contract amounts, staff undertook a complete review of the ordinance and found a number of areas that warranted clarification. Accordingly, we have brought forward a significantly revised Chapter 3A for Council consideration. ANALYSIS Most of the revisions to Chapter 3A merely clarify the language and eliminate redundancies. However, we also recommend the following substantive changes: . In the definitions section, the ordinance currently establishes a $70,000 threshold between major and minor public works contracts. Pursuant to changes in state law, the Town should increase the threshold to $125,000. We have also added an escalator clause, such that the values in the Town ordinance will adjust automatically to reflect any future statutory changes (Section 3A-1). . The current ordinance authorizes the town manager to execute contracts of up to $20,000 for purchases, general services and public works and $10,000 for professional services and employment. The Town should increase the town manager's authority for all such contracts to $40,000. This increase will significantly streamline the Town's process for mid-sized agreements. Please note that this authorization applies only when the Town Council has previously appropriated the expenditure (Section 3A-3). . Chapter 3A currently requires the town manager to obtain Council approval before allowing the uncompensated use of Town property for more than one day. We recommend that this be increased to five days (Section 3A-3). or ! . The ordinance now authorizes the finance director to execute contracts for supplies, materials and equipment up to $5000; other department heads are limited to $2500. Staff recommends that the director of public works, who tends to have frequent, relatively larger contracts be authorized up to $10,000. We recommend a ceiling of$5000 for other department heads. We also recommend that the ordinance include professional services and public works among the authorized contracts. Please note (a) the Council must previously budget all such contracts; and (b) the town manager will have the discretion to reduce the contract authority of any department head (Section 3A-4). . Chapter 3A now provides that, wherever practicable, purchase contracts that exceed $5000 shall be based on at least three bids. The new ordinance would increase this threshold to $30,000 (Section 3A-7). . Chapter 3A now provides that, wherever practicable, service contracts exceeding $5000 shall be based on at least three bids. The new ordinance would increase this threshold to $30,000 except that contracts for environmental review of land use projects would require only two bids. Staff believes that this exception is necessary because of the difficulty in obtaining multiple bids for such contracts (Section 3A-9). . The code currently requires competitive bidding for minor public works contracts of $5000 or more. Reflecting a change in state law, the new ordinance would establish a $30,000 threshold and includes an escalator clause that would automatically adjust the threshold to reflect any changes in state law (Section 3A-11). FINANCIAL IMP ACT The budget process will continue to govern what is spent on contracts. The proposed amendments related only to the process of how budgeted expenditures are made, so there is no financial impact resulting from these recommendations. RECOMMENDATION Staff recommends that the Town Council conduct a public hearing on the proposed new ordinance and then consider whether it wishes to adopt the proposed new contract ordinance. If it finds in the affirmative, staff recommends the Council: 1. By motion, read the ordinance by title only; and 2. Pass first reading of the ordinance by roll call vote. Exhibits: 1. Draft Ordinance Adopting New Chapter 3A 2. Existing Chapter 3A Ann R. Danforth, Town Attorney Prepared By: EXHIBIT 1 ORDINANCE NO. N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REPEALING THE EXISTING CHAPTER 3A AND ADOPTING A NEW CHAPTER 3A GOVERNING TOWN CONTRACTS The Town Council of the Town of Tiburon does ordain as follows: SECTION.L Chapter 3A of the Tiburon Municipal Code is hereby repealed SECTION 2. Chapter 3A of the Tiburon Municipal Code is hereby adopted to read as follows: Article I. General Provisions 3A-l Definitions. As used in this chapter, the following terms are defined in this section: "Contract" means any binding agreement between the town and any individual, public agency, corporation, partnership or other entity. Contract shall also mean, without limitation, any document which purports to transfer liability to the town or in which purportedly obliges the town to indemnify, defend and/or hold harmless any individual, public agency, corporation, partnership or other entity. "Formal bidding" means a contractor selection procedure that substantially complies with the process set forth in Article V of this chapter for public works projects. "Informal bidding" means any non-formal contractor selection procedure authorized by this chapter. A "major public works contract" means a contract for a public works project whose value exceeds one hundred twenty-five thousand dollars. A "minor public works contract" means a contract for a public works project whose value does not exceed one hundred twenty--five thousand dollars. This threshold of$125,000 that distinguishes major from minor public works projects shall be automatically adjusted to conform to the maximum set by Section 22032(b) of the Public Contracts Code or its successor statute for proj ects that may be let by informal bidding. Except where otherwise indicated, "public works project" means any project meeting the definition of a "public project" under section 22002 of the Public Contracts Code, as amended, or any successor statute. 3A-2 General requirements. a) No contract shall be valid or binding upon the town unless it is entered into and executed in accordance with this chapter. 1 (b) Notwithstanding anything in this chapter to the contrary, no contract shall be valid or binding upon the town unless it has been approved as to form by the town attorney prior to execution on behalf of the town or unless, in the town manager's judgment, there are special circumstances such that the town's interest in entering into the contract on an expedited basis render it impracticable to obtain the town attorney's approval. (c) The Town need not use formal or informal bidding to award a contractor except as expressly required by this chapter. 3A-3 Contract authority of the town manager. The town manager is authorized to negotiate and execute on the behalf of the town, without prior approval of the town council, any contract: (a) For purchases, general services, public works, professional services or employment, or community, social or recreational services, and the total expenditure does not exceed forty thousand dollars, provided that such monies have been appropriated or budgeted for such purpose and there is an unexpended and unencumbered balance of such appropriation sufficient to pay the expense of the contract; (c) For the lease of town property for a period of less than six months, or for the use of town property or facilities for a period not to exceed five days, in accordance with town policy, which require no payment of money by the town; (d) For settlement of a claim or litigation against the town, after consultation with the mayor, where the total expenditure does not exceed ten thousand dollars; ( e) Allowing the right of entry onto town property. 3A-4 Contract authority of department heads. (a) The director of public works shall be authorized to negotiate and execute contracts for the town for budgeted services, public works, supplies, materials and equipment required by his department up to a maximum often thousand dollars, provided that such monies have been appropriated or budgeted for such purpose and there is an unexpended and unencumbered balance of such appropriation sufficient to pay the expense of the contract. (b) The chief of police, director of administrative services, town attorney and community development director shall be authorized to negotiate and execute contracts for the town for budgeted services, supplies, materials and equipment required by their respective departments up to a maximum of five thousand dollars, provided that such monies have been appropriated or budgeted for such purpose and there is an unexpended and unencumbered balance of such appropriation sufficient to pay the expense of the contract. (c) The town manager shall have discretion to lower the contract authority maximums in this section by written to the town official or officials involved, with a copy of said notice to the director of administrative services and the town attorney. 3A-5 Emergency contract procedures. (a) Except as set forth in subsection (b) and (c) of this section, the town manager is authorized to negotiate and execute on the behalf of the town, without prior approval of the town council, any contract for emergency purchases, services or public works projects, where the amounts are greater than set forth in Section 3A-3(a) of this chapter. If the emergency requires letting a contract before the council can be convened, the town manager shall have the authority to let the 2 contract notwithstanding the procedures set forth in subsection (b) and (c). In an emergency situation, this authority shall extend beyond appropriated or budgeted funds to the extent necessary to protect the health and safety of persons or property. (b) In the event of any emergency, the town council may proceed to enter into a contract for a minor public works project without giving notice for bids to let contracts. (c) In case of an emergency, the council may pass a resolution by a four-fifths vote of its members declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health or property. Upon adoption of the resolution, it may expend any sum required in the emergency without complying with this chapter. 3A-6 Rejection of price quotations and bids The town manager shall have discretion to reject any or all price quotations or bids presented for any contract for purchase of supplies, materials and equipment or for services. If the town manager rejects all price quotations or bids, the town manager may, in his discretion, re-advertise for new price quotations or bids. If the town manager determines that the amount of price quotations or bids was excessive, he may enter into a contract at a lower price without re-advertising for price quotations or bids within his contract authority. In the event that such lower price exceeds the contract authority of the town manager, the manager may refer the contract at such lower price to the town council for award or take such alternate action with respect to the purchase as he determines to be in the town's best interests. Article II. Purchase Contracts for Supplies, Materials and Equipment 3A-7 Purchasing procedures. (a) Purchases of supplies, materials and equipment that exceed thirty thousand dollars shall, whenever practicable, be based on at least three price quotations and shall be awarded on the basis of the price quotation most advantageous to the town. Price quotations may be solicited by direct mail requests to prospective vendors or by telephone. (b) The town may consider factors other than price in determining the most advantageous price quotation. These factors shall include, without limitation, the quality and performance of the subject supplies, materials and equipment; the ability of the vendor to complete the transaction in a timely fashion; quality of the vendor's performance in past transactions with the town or others; and the ability of the vendor to provide future maintenance, repairs, parts and service. (c) Price quotations shall not be required in any of the following circumstances: (1) In the judgment of the town manager, the solicitation of price quotations would for any reason be an idle act; (2) The purchase is for supplies, materials or equipment that can only be obtained from one vendor or manufacturer; (3) In the judgment of the town manager, there exist particular time considerations such that it appears likely that the solicitation of price quotations would be contrary to the interests of the town. 3 3A-8 Optional alternative procedure for purchases which exceed twenty-five thousand dollars. For purchases of supplies, materials and equipment that exceed twenty-five thousand dollars, the town manager shall have the discretion to select a vendor pursuant to a formal bidding process, if the town manager determines that such a process is likely to be to the advantage to be in the town's interest. Such procedure shall incorporate the methods used for selecting a contractor for a public works project by formal competitive bidding, as determined to be applicable by the town attorney. Article III. Contracts for Services 3A-9 Service contract procedures. (a) Service contracts that exceed thirty thousand dollars shall, whenever practicable, be based on at least three price quotations and shall be awarded on the basis of the price quotation most advantageous to the town. Notwithstanding the foregoing, contracts for environmental review services may be let on the basis of two price quotations. Price quotations may be solicited by direct mail requests to prospective service providers or by telephone. (b) The town may consider factors other than price in determining the most advantageous price quotation. These factors shall include, without limitation, the quality and performance of the subject services, the ability of the provider to provide the services in a timely fashion; the quality of the provider's performance in past transactions with the town or others; and the ability of the provider to provide future related services that the town may require. (c) Price quotations shall not be required in any of the following circumstances: (1) In the judgment of the town manager, the solicitation of price quotations would for any reason be an idle act; (2) The contract is for services that can only be obtained from one provider; (3) In the judgment of the town manager, there exist particular time considerations such that it appears likely that the solicitation of price quotations would be contrary to the interests of the town. Article IV. Minor Public Works Contracts 3A-IO Minor public works contracts which do not exceed thirty thousand dollars. Minor public works contracts that do not exceed thirty thousand dollars may be performed by the employees of a public agency by force account, by negotiated contract, or by purchase order. 3A-ll Informal bidding for minor public works contracts which exceed thirty thousand dollars. Minor public works contracts that exceed thirty thousand dollars shall be let according to this section. (a) The town shall maintain a list of qualified contractors, identified according to categories of work. This list shall comply will all criteria established by the California Uniform Construction Cost Accounting Commission. 4 (b) All contractors on the list for the category of work being bid or all construction trade journals specified in section 22036 of the California Public Contracts Code, or both all contractors on the list for the category of work being bid and all construction trade journals specified in section 22036 of the California Public Contracts Code shall be mailed a notice inviting informal bids unless the product or service is proprietary. (c) All mailing of notices to contractors and construction trade journals pursuant to subsection (b) of this section shall be completed not less than ten calendar days before bids are due. (d) The notice inviting informal bids shall describe the project in general terms, how to obtain more detailed information about the project and state the time and place for the submission of bids. (e) The town manager shall have the authority to award informal contracts to contractors selected pursuant to this section. (t) If all bids received are in excess of one hundred twenty-five thousand dollars ($125,000), the Town Council may, by adoption of a resolution by a four-fifths vote, award the contract, at one hundred thirty-seven thousand five hundred dollars ($137,500) or less, to the lowest responsible bidder, ifit determines the cost estimate of the public agency was reasonable. If the lowest responsible bidder's bid exceeds one hundred thirty-seven thousand five hundred dollars ($137,500), or if the Council does not adopt the necessary award resolution by four-fifths vote, the Town shall re-bid the project using the formal bidding procedure The dollar amounts set forth in this subsection (t) shall be automatically adjusted to conform to the maximum' set by Section 22034(t) of the Public Contracts Code or its successor statute regarding informal bidding ordinances. 3A-12 Alternative procedure--minor public works contracts. Notwithstanding anything in this article to the contrary, the town manager shall have discretion to let any public works contract by formal bidding as described in article V. of this chapter. Article V. Major Public Works Contracts 3A-13 General. Major public works contracts shall be let by formal competitive bidding as required by the Local Agency Public Construction Act, Public Contracts Code sections 20100 et seq. 3A-14 Notice inviting bids. The notice inviting bids shall set a date for the opening of bids and shall be published at least twice, not less than five days apart, in a newspaper of general circulation, as required by statute. The first notice shall be published at least ten days prior to the date of opening of bids. In addition to the foregoing, the notice shall be published in such other newspapers and journals as the town engineer determines are likely to solicit the most favorable bids. 5 3A-15 Bids--Rejection and re-advertisement. The council shall have the discretion to reject any bids presented and readvertise. After rejecting bids, the council may pass a resolution by a four-fifths vote of its members declaring that the project can be performed more economically by the town's own forces, day labor, or the materials or supplies furnished at a lower price in the open market. Upon adoption of the resolution, the council need not readvertise and may have the project done in the manner stated without further compliance with this chapter. 3A-16 Choice of identical bids. If two or more bids are the same and the lowest, the council may accept the one that it chooses. 3A-17 No bids received. Ifno bids are received, the council may have the project done without further compliance with this chapter. 3A-18 Bidders--presentation and security. (a) All bids shall be presented under sealed cover. (b) All bids shall be accompanied by bidder's security in an amount equal to at least ten percent of the amount bid. The security shall be in the form of cash, a cashier's check payable to the town, a certified check payable to the town or a bidder's bond executed by an admitted surety insurer, payable to the town. A bid will not be considered unless accompanied by the required security. (c) If the successful bidder fails to execute the contract, the amount of bidder's security shall be forfeit to the town except as otherwise may be provided by law. SECTION 3 SEVERABILITY. If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconsti tuti onal. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect and be in force thirty (30) days after the date of passage. Pursuant to the provisions of Govemment Code Section 36933, a summary of this ordinance shall be prepared by the Town Attorney. At least five (5) days prior to the Council meeting at which adoption of the ordinance is scheduled, the Town Clerk shall (1) publish the summary, and (2) post in the office of the Town Clerk a certified copy of this ordinance. Within fifteen (15) days 6 days after the adoption of this ordinance, the Town Clerk shall (1) publish the summary, and (2) post in the office of the Town Clerk a certified copy of the full text of the ordinance along with the names of those Council members voting for and against the ordinance. This ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on May _,2008, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on , 2008, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: JEFF SLA VITZ, MAYOR Town of Tiburon DIANE CRANE IACOPI, TOWN CLERK 7 3A-I Chapter 3A TOWN CONTRACTS Sections: Article I. General Provisions Dermitions. General requirements. Contract authority of the town manager. 3A-l 3A-2 3A-3 Article II. Purchase Contracts 3A-4 Contract authority-Town finance director-Other department heads. 3A-5 Purchasing procedures. 3A -6 Optional alternative procedure for purchases which exceed twenty-five thousand dollars. 3A-7 Rejection of price quotations and bids. Article III. Contracts for Services 3A-8 Contract authority of the department heads. Service contract procedures. Rejection of price quotations and bids. 3A-9 3A-I0 Article IV. Minor Public Works Contracts 3A-ll Minor public works contracts which do not exceed five thousand dollars. 3A-12 Minor public works contracts which exceed five thousand dollars. 3A-13 Alternative procedure-Minor public works contracts. 3A-14 Emergencies. EXHIBIT 2 Article V. Major Public Works Contracts 3A-15 General. 3A-16 Notice inviting bids. 3A -17 Bids-Rejection and read vertisement. Choice of identical bids. No bids received. Emergencies. Bidders-Presentation and security. . 1 \~ 3A-18 3A-19 3A - 20 3A-21 Article I. General Provisions 3A-l Defmitions. As used in this chapter, the following terms are defined in this section: "Contract" means any binding agreement between the town and any individual, public agency, corpora- tion, partnership or other entity. Contract shall also mean, without limitation, any document which pur- ports to transfer liability to the town or in which purportedly obliges the town to indemnify, defend and/or hold harmless any individual, public agency, corporation, partnership or other entity. A "major public works contract" means a contract for a public works project whose value exceeds seventy-five thousand dollars. A "minor public works contract" means a con- tract for a public works project whose value does not exceed seventy-five thousand dollars. Except where otherwise indic"ated, "public works project" means any project meeting the definition of a .'public project" under section 22002 of the Public Contracts Code, as amended, or any successor stat- ute. (Ord. No. 440 N.S., ~ 1 (part)) (, .~iJ 3A-2 General requirements. (a) No contract shall be valid or binding upon the town unless it is entered into and executed in accordance with this chapter. (b) Notwithstanding anything in this chapter to the contrary, no contract shall be valid or binding upon the town unless it has been approved as to form by the town attorney prior to execution on behalf of the town unless, in the judgement of the -~ -~ 14 c) town manager, special circumstances are present such that the town's interest in entering into the contract on an expedited basis render it impracticable to obtain the town attorney's approval. (Ord. No. 440 N.S., S I (part)) 3A-3 Contract authority of the town manager. The town manager is authorized to enter into and execute on the behalf of the town, without prior ap- proval of the town council, any contract: (a) For which monies have been appropriated or budgeted and for which there is an unexpended and unencumbered balance of such appropriation suffi- cient to pay the expense of the contract and which is: (I) For the purchase of supplies, materials or equipment or general services or public works and the total expenditure does not exceed twenty thou- sand dollars; or (2) For professional services or employment and the total expenditure does not exceed ten thousand dollars; or (3) For emergency purchases, services or public works projects, where the amounts are greater than set forth in subsections (aX 1) and (a)(2) of this sec- tion In an emergency situation, this authority shall extend beyond appropriated or budgeted funds to the extent necessary to protect the health and safety of persons or property; (b) For community social or recreational services, or for the use of town property or facilities for a pe- riod not to exceed one day, in accordance with town policy, which require no payment of money by the town or which provide for the payment of money to the town in an amount not in excess of ten thousand do liars; (c) For settlement of a claim or litigation against the town, after consultation with the mayor, where the total expenditure does not exceed ten thousand dollars; (d) For the lease of town property not authorized under subsection (b) of this section for a period of less than six months; '..,'..'...,...lh..... , 3A-2 (e) Allowing the right of entry onto town prop- erty. (Ord. No. 440 N.S., S I (part); Ord. No. 470 N.S., S 1) Article II. Purchase Contracts 3A-4 Contract authority-Town finance director-Other department heads. (a) The finance director, or other person designated by the town manager shall be authorized to negotiate and execute contracts for budgeted supplies, materials and equipment for the town up to a maximum of five thousand dollars. (b) The town attorney, planning director, police chief, superintendent of public works and town engi- neer shall be authorized to negotiate and execute con- tracts for the town for budgeted supplies, materials and equipment required by their respective departments up to a maximum of two thousand five hundred dollars. (Ord. No. 440 N.S., 9 I (part)) 3A-5 Purchasing procedures. (a) Formal bidding shall not be required for con- tracts for supplies, materials and equipment. Purchases of supplies, materials and equipment which exceed five thousand dollars shall, whenever practicable, be based on at least three price quotations and shall be awarded on the basis of the price quotation most ad- vantageous to the town. Price quotations may be solic- ited by direct mail requests to prospective vendors or by telephone. (b) The town may consider factors other than price in determining the most advantageous price quotation. These factors shall include, without limitation, the quality and performance of the subject supplies, mate- rials and equipment; the ability of the vendor to com- plete the transaction in a timely fashion; quality of the vendor's performance in past transactions with the town or others; and the ability of the vendor to provide future maintenance, repairs, parts and service. (c) Price quotations shall not be required in any of the following circumstances: (I) In the judgment of the town manager, the solicitation of price quotations would for any reason be an idle act; 15 (Tiburon Supp. No, I, 3-03) JA-5 I (2) The purchase is for supplies, materials or equipment that can only be obtained from one vendor or manufacturer; (3) In the judgment of the town manager, there exist particular time considerations such that it appears likely that the solicitation of price quotations would be contrary to the interests of the town. (d) Purchases ofsupplies, materials and equipment which do not exceed five thousand dollars may be made without competitive proposals if the finance di- rector (or other person designated by the town man- ager) determines that such procedure is in the best in- terests of the town. (Ord. No. 440 N.S., ~ ] (part)) 3A-6 Optional alternative procedure for purchases which exceed twenty- five thousand dollars. For purchases of supplies, materials and equipment that exceeds twenty-five thousand dollars, the town manager shall have the discretion to select a vendor pursuant to a formal bidding process, where in the town manager's judgment, such a process is likely to be to the advantage to the town. Such procedure shall incorporate the methods used for selecting a contractor for a public works project by formal competitive bid- ding, as determined to be applicable by the town attor- ney, and may include, without limitation, the follow- ing: (a) Publication of a notice inviting bids; (b) Requirement of a bidder's bond or other similar security; (c) Requirement of a faithful performance bond or other similar security. (Ord. No. 440 N.S., ~ I (part)) 3A-7 Rejection of price quotations and bids. The town manager shall have discretion to reject any or all price quotations or bids presented. If the town manager rejects all price quotations or bids, the town manager may, in his discretion, readvertise for new price quotations or bids. If the town manager de- termines that the amount of price quotations or bids was excessive, he may contract to purchase the sup- plies, materials or equipment at a lower price without readvertising for price quotations or bids within his (Tiburon Supp No I, 3-03) contract authority. In the event that such lower price exceeds the contract authority of the town manager, the manager may refer the contract at such lower price to the town council which may award the contract or take such alternate action with respect to the purchase as it determines to be in the best interests of the town. (Ord. No. 440 N.S., ~ I (part)) Article III. Contracts for Services 3A-8 Contract authority of the department heads. The finance director, town attorney, planning direc- tor, police chief, superintendent of public works and town engineer shall be authorized to negotiate and execute contracts for the town for budgeted services required by their respective departments up to a maximum of two thousand five hundred dollars. (Ord. No. 440 N.S., ~ I (part)) 3A-9 Service contract procedures. (a) Formal bidding shall not be required for con- tracts for services. Service contracts exceeding five thousand dollars shall, whenever practicable, be based on at least three price quotations and shall be awarded on the basis of the price quotation most advantageous to the town. Price quotations may be solicited by di- rect mail requests to prospective service providers or by telephone. (b) The town may consider factors other than price in determining the most advantageous price quotation. These factors shall include, without limitation, the quality and performance of the subject services, the ability of the provider to provide the services in a timely fashion; the quality of the provider's perform- ance in past transactions with the town or others; and the ability of the provider to provide future related services that the town may require. (c) Price quotations shall not be required in any of the following circumstances: (;) 16 '.;) ) (I) In the judgement of the town manager, the solicitation of price quotations would for any reason be an idle act; (2) The contract is for services that can only be obtained from one provider; (3) In the judgment of the town manager, there exist particular time considerations such that it ap- pears likely that the solicitation of price quotations would be contrary to the interests of the town. (d) Contracts for services that do not exceed five thousand dollars may be made without competitive proposals if the fmance director (or other person designated by the town manager) determines that such procedure is in the best interests of the town. (Ord. No. 440 N.S., ~ 1 (part)) """". ~~'." '",-," '.....:....'.. 3A-IO Rejection of price quotations and bids. The town manager shall have discretion to reject any or all price quotations. If the town manager rejects all price quotations, the town manager may, in his discretion, readvertise for new price quota- tions. If the town manager determines that the amount of price quotations was excessive, he may contract to obtain the services at a lower price with- out readvertising for price quotations within his contract authority. In the event that such lower price exceeds the contract authority of the town manager, the manager may refer the contract at such lower price to the town council which may award the contract or take such alternate action with respect to the purchase as it determines to be in the best inter- ests of the town. (Ord. No. 440 N.S., ~ 1 (part)) Article IV. Minor Public Works Contracts 3A-ll Minor public works contracts which do not exceed five thousand doUars. Minor public works contracts which do not ex- ceed five thousand dollars need not be competitively bid but shall be let in a manner that the town man- ager deems most advantageous to the town. (Ord. No. 440 N.S., ~ 1 (part)) ") 3A-9 3A-12 Minor public works contracts which exceed five thousand dol- lars. Minor public works contracts that exceed five thousand dollars shall be let according to this sec- tion. (a) The town shall maintain a list of qualified contractors, identified according to categories of work. (b) All contractors on the list for the category of work being bid or all construction trade journals specified in section 22036 of the California Public Contracts Code, or both all contractors on the list for the category of work being bid and all construc- tion trade journals specified in section 22036 of the California Public Contracts Code shall be mailed a notice inviting informal bids unless the product or service is proprietary. (c) All mailing of notices to contractors and construction trade journals pursuant to subsection (b) of this section shall be completed not less than ten calendar days before bids are due. (d) The notice inviting informal bids shall de- scribe the project in general terms, how to obtain more detailed information about the project and state the time and place for the submission of bids. (e) The town manager shall have the authority to award informal contracts to contractors selected pursuant to this section. (t) In the event that all responsive bids received are in excess of seventy-five thousand dollars, the town council may by four-fifths vote award the contract, at eighty thousand dollars or less, to the lowest responsive bidder if the council determines that the town's cost estimate for the project was reasonable. (Ord. No. 440 N.S., ~ 1 (part)) 3A-13 Alternative procedure-Minor public works contracts. Notwithstanding anything in this article to the contrary, the town manager shall have discretion to let any public works contract by formal bidding as described in article V. of this chapter. (Ord. No. 440 N.S., ~ 1 (part)) 17 3A-14 3A-14 Emergencies. In the event of any emergency, the town council may proceed to replace or repair any public facility without giving notice for bids to let contracts. If the emergency requires letting a contract before the council can be convened, the town manager shall have the authority to let the contract. (Ord. No. 440 N.S., ~ 1 (part)) Article V. Major Public Works Contracts 3A-15 General. Major public works contracts shall be let by formal competitive bidding as required by the Local Agency Public Construction Act, Public Contracts Code sections 20100 et seq. (Ord. No. 440 N.S., ~ 1 (part)) 3A-16 Notice inviting bids. The notice inviting bids shall set a date for the opening of bids and shall be published at least twice, not less than five days apart, in a newspaper of general circulation, as required by statute. The fust notice shall be published at least ten dayspJior to the date of opening of bids. In addition to the foregoing, the notice shall be published in such other newspapers and journals as the town engineer determines are likely to solicit the most favorable bids. (Ord. No. 440 N.S., ~ 1 (part)) 3A-17 Bids-Rejection and readvertisement. The council shall have the discretion to reject any bids presented and readvertise. After rejecting bids, the council may pass a resolution by a four-fifths vote of its members declaring that the project can be performed more economically by the town's own forces, day labor, or the materials or supplies fur- nished at a lower price in the open market. Upon adoption of the resolution, the council need not readvertise and may have the project done in the manner stated without further compliance with this chapter. (Ord. No. 440 N.S., ~ 1 (part)) 3A-18 Choice of identical bids. If two or more bids are the same and the lowest, the legislative body may accept the one that it chooses. (Ord. No. 440 N.S., ~ 1 (part)) ) 3A-19 No bids received. If no bids are received, the council may have the project done without further compliance with this chapter. (Ord. No. 440 N.S., ~ 1 (part)) 3A-20 Emergencies. In case of an emergency, the council may pass a resolution by a four-fifths vote of its members de- claring that the public interest and necessity demand the immediate expenditure of public money to safe- guard life, health or property. Upon adoption of the resolution, it may expend any sum required in the emergency without complying with this chapter. (Ord. No. 440 N.S., ~ 1 (part)) 3A-21 Bidders-Presentation and security. (a) All bids shall be presented under sealed cov- ( ;.'.~: .i/iI er. (b) All bids shall be accompanied by bidder's security in an amount equal to at least ten percent of the amount bid. The security shall be in the form of cash, a cashier's check payable to the town, a certified check payable to the town or a bidder's bond executed by an admitted surety insurer, pay- able to the town. A bid will not be considered un- less accompanied by the required security. (c) If the successful bidder fails to execute the contract, the amount of bidder's security shall be . forfeit to the town except as otherwise may be pro- vided by law. (Ord. No. 440 N.S., ~ 1 (part)) ":') "'_v'p 18 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting May 21, 200S Agenda Item: f lI~i STAFF REPORT To: Mayor & Members of the Town Council From: Community Development Department Subject: Consider Approval of Text Amendments to Chapter 16 of the Tiburon Municipal Code (Zoning) to Repeal sections concerning the Parks & Open Space Commission; File No. MCA 2008-11 Reviewed By: BACKGROUND On May 7, 2008 the Town Council held a public hearing and passed first reading of this ordinance. There was no public comment. The item now comes to the Town Council for second reading and adoption. ENVIRONMENTAL DETERMINATION Repeal of the Zoning Ordinance sections has no potential to cause an environmental impact and is exempt from requirements of the California Environmental Quality Act. RECOMMENDATION Staff recommends that the Town Council: 1. Hold a public hearing. 2. Move to read by title only, pass the motion, read by title, and hold a role call vote adopting the Ordinance (Exhibit 1). EXHIBITS 1. Draft ordinance repealing certain Zoning Ordinance sections related to the POSC. Prepared by: Scott Anderson, Director of Community Developmen~ ORDINANCE NO. N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REPEALING CERTAIN SECTIONS OF TITLE IV, CHAPTER 16 (ZONING) OF THE TIBURON MUNICIPAL CODE CONCERNING THE PARKS & OPEN SPACE COMMISSION Section 1. Findin2s. WHEREAS, the Town Council has determined that revisions to the Town's Municipal Code are necessary to implement organizational changes involving the dissolution of the Town's Parks and Open Space Commission; and WHEREAS, the Town Council has held public hearings on May 7, 2008 and May 21, 2008, and has considered any and all public testimony received on this matter; and WHEREAS, all notices and procedures required by law attendant to the adoption of this Ordinance have been followed; and WHEREAS, the Planning Commission held a duly-noticed public hearing on April 9, 2008 and recommended repeal of the affected sections of the Municipal Code to the Town Council; and WHEREAS, the Town Council has found that the proposed Municipal Code amendments are consistent with the goals and policies of the Tiburon General Plan and other ordinances and regulations; and WHEREAS, the Town Council has found that adoption of this ordinance is not a "project" as defined by the California Environmental Quality Act (CEQA) and is therefore exempt from the requirements of CEQA. NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Tiburon as follows: Section 2. Municipal Code Amendments. Title IV, Chapter 16 [Zoning], Article III, Sections 16-3.7,16-3.7.1,16-3.7.2,16-3.7.3 and 16-3.7.4 of the Tiburon Municipal Code are hereby repealed. EXI-IIBIT NO. Town ofTiburon Ordinance No. N.S. Effective _, 200_ Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The Town Council hereby declares that it would have passed this and each section, subsection, phrase or clause thereof irrespective of the fact that anyone or more sections, subsections, phrase or clauses be declared unconstitutional on their face or as applied. Section 4. Effective Date. This ordinance shall take effect and be in force thirty (30) days after the date of passage, and before the expiration of fifteen (15) days after its passage the same, or its legally required equivalent, shall be published with the names of the members voting for and against the same, at least once in a newspaper of general circulation published in the Town of Tiburon. This ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon held on May 7,2008, and was adopted at a regular meeting of the Town Council of the Town of Tiburon held on May 21, 2008, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JEFFREY SLA VITZ, MAYOR TOWN OF TmURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK S: \Administration I Town Co un cillStafJ Reports 12008 IMay 21 DRAFTSIPOSC zoning text amendments ordinance2.doc Town of Tiburon Ordinance No. N.S. Effective , 200_ 2