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HomeMy WebLinkAboutTC Agd Pkt 2009-04-15TOWN OF TIBURON Regular Meeting Tiburon Town Hall Tiburon Town Council 1505 Tiburon. Boulevard April 15, 2009 Tiburon, CA 94920 Regular Meeting - 7:30 p.m. Closed Session - 7:00 p.m. AGENDA TIBURON TOWN COUNCIL CLOSED SESSION_- (7:00 p.m.) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956.9(a)) Wayne et al. v. Town of Tiburon CALL TO ORDER AND ROLL CALL Councilmember Collins, Councilmember Gram, Councilmember Slavitz, Vice Mayor Berger, Mayor Fredericks CLOSED SESSION ANNOUNCEMENT ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. PRESENTATION BY STATE DEPARTMENT OF TRANSPORTATION (CALTRANS) 0 Overlay of Tiburon Boulevard - Project to Commence in May 2009 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. Town Council Minutes - Adopt minutes of March 18, 2009 meeting (Town Clerk Crane Iacopi) 2. Town Council/Staff Retreat Summary - Adopt summary of March 26, 2009 meeting (Town Manager Curran) 3. Town Monthly Investment Summary - Accept February 2009 report (Director of Administrative Services Bigall) 4. Federal Stimulus Funding - Adopt resolution authorizing the filing of an application to receive American Recovery and Reinvestment Act of 2009 (ARRA) funding and stating the assurance to complete the project - Reed Ranch Road and Ridge Road Overlay Project (Director of Public Works/Town Engineer Nguyen) 5. Zelinsky Playground - Award of Contract to Earthstone Construction for installation of playground equipment (Director of Public Works/Town Engineer Nguyen) 6. Cypress Hollow Playground Improvements - Approve plans and specifications and authorize bids (Director of Public Works/Town Engineer Nguyen) 7. Building Permit Plan Check Services - Authorize Town Manager to negotiate and execute an agreement with Interwest Consulting Group, Inc. (Director of Community Development Anderson) TOWN COUNCIL REPORTS TOWN MANAGER'S REPORT WEEKLY DIGESTS • Town Council Weekly Digest -March 20, 2009 • Town Council Weekly Digest - March 27, 2009 • Town Council Weekly Digest -April 3, 2009 • Town Council Weekly Digest - April 10, 2009 ADJOURNMENT GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (415) 435- 7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town's website, v"Tww.ci.tiburon.ca.us. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. TOWN COUNCIL MINUTES CALL TO ORDER Mayor Fredericks p11ed'the re' irl r meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, larch 18, 2009, Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: PRESENT: EX OFFICIO: Berger, Collins, Fredericks, Gram, Slavitz Town Manager Curran, Town Attorney Danforth, Director of Administrative Services Bigall, Director of Community Development Anderson, Director of Public Works/Town Engineer Nguyen, Chief of Police Cronin, 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 LEGAL COUNSEL - EXISTING LITIGATION (Section 54956.9(a)) ' Wayne et al. v. Town of Tiburon INTERVIEWS FOR VACANCIES ON BOARDS & COMMISSIONS - (7:15 p.m.) (Design Review Board Vacancy) Lisa Catanzaro, 54 Linda Vista Avenue Ms. Catanzaro was unable to attend. CLOSED SESSION ANNOUNCEMENT Mayor Fredericks that no action was taken in closed session. ORAL COMMUNICATIONS None. DRAFT Town Council Minutes #xx -2009 March 18, 2009 Page 1 CONSENT CALENDAR 1. Town Council Minutes - Adopt minutes of March 4, 2009 meeting (Town Clerk Crane Iacopi) 2. Placement of Temporary Signs - Adopt resolution establishing an additional day for the display of temporary off-site signs pursuant to the recently updated Sign Ordinance (Director of Community Development Anderson) MOTION: To adopt Consent Calendar Items 1 and 2, as written. Moved: Slavitz, seconded by Berger Vote: AYES: Unanimous ACTION ITEMS 1. Appointments to Boards, Commissions & Committees - Consider appointment to fill vacancy on Design Review Board (Town Clerk Crane Iacopi) Town Clerk Crane Iacopi said that the interviewee scheduled for this evening was unable to attend due to a work deadline and sent her regrets. The Town Clerk said that Ms. Catanzaro was the sole remaining candidate for the vacancy and that Council could choose to appoint one of the candidates they had interviewed at the last meeting, or direct staff to continue to advertise the vacancy. Vice Mayor Berger said that he would be pleased to make a motion to appoint local architect John Kricensky who he said was well suited for the position. He also said that it was good for the town to have other interested applicants for future openings.. MOTION: To appoint John Kricensky to the Design Review Board. Moved: Berger, seconded by Gram Vote: AYES: Unanimous 2. CKS Permit Fee Application - Consider adoption of an agreement between Congregation Kol Shofar and the Town of Tiburon regarding traffic mitigation fees required by a Conditional Use Permit for property located at 215 Blackfield Drive, AP No. 038-351-34 (Town Manager Curran) Town Manager Curran introduced the item and handed out a revised version of the proposed agreement which, she said, contained non-substantive language changes. Ms. Curran said that Congregation Kol Shofar (CKS) had received approval of a conditional use permit (CUP) in 2007 which, among other things, entitled them to an additional 50 students over their current 100-student day school/preschool at the site. This incremental increase triggered traffic mitigation fees in the amount of $248,066, according to Curran. DRAFT Town Council Minutes #xx -2009 March 18, 2009 Page 2 The Town Manager said that CKS had approached the town to discuss a possible deferral of payment of these fees until some point in the future when the 100 student threshold was crossed. Ms. Curran said that she had discussed the request with the one remaining member of the CKS subcommittee, Councilmember Gram. Town Manager Curran said that under the proposed agreement, the CKS use permit would be amended to hold the 50 student entitlement in abeyance until the applicable fees were fully paid at the rates in effect at the time. She said that CKS had also asked the Town to proceed with issuance of its building permit before the Town had amended the CUP to reflect this arrangement. Accordingly, Curran said the proposed agreement was prepared by staff for Council's consideration. Ms. Curran said the agreement would require CKS to pay its fees in full now in order to obtain a building permit, but the town would reimburse the traffic mitigation fee related to the 50 students until such time as the amendment to the CUP was obtained. She said that if the CUP was not amended, the town would retain the fees and that CKS would abandon any right it might have to challenge the fees in the future. In addition, under the proposed agreement, Curran said that CKS would be required to report annually on its school enrollment and a substantial penalty would be imposed should CKS increase the enrollment above 100 children without prior payment of fees. She said that the town would have rights to audit the total enrollment upon reasonable notice. Ms. Curran identified several issues with such an agreement-precedent, in that it had never been done before, and the open-ended duration of the agreement. To address the latter issue, Ms. Curran distributed another version of the agreement which stated that the proposed arrangement would expire after a certain length of time (to be determined by the Council). Councilmember Slavitz asked if this was the first time a request of this nature had been made to the town. Director of Community Anderson said that he had never seen anything like it in his 20 year tenure. Councilmember Slavitz noted that the space would be built unchanged under this arrangement, but that there would be a child "cap." Anderson agreed, noting that the fees were related to intensity of use. Councilmember Collins asked whether the fees were "earmarked" for certain traffic mitigation projects. He also asked whether the funds would earn interest when deposited and therefore raise an issue of use of public funds. Ms.Curran said that the fees were put into a restricted fund used only for traffic mitigation purposes. DRAFT Town Council Minutes #xx -2009 March 18, 2009 Page 3 Director Anderson clarified that these fees were applicable throughout the entire Tiburon planning area and would be used for circulation systems improvements under the General Plan. Town Attorney Danforth said that this arrangement would not be construed as a gift of public funds. Mayor Fredericks commented that it raised the question of the significance of an incremental increase in intensity. She asked what would happen if a developer came in and made a similar request. Town Attorney Danforth said that the Council would not be legally obligated to respond to such a request. She said that it might give rise to an expectation, but not in the legally binding sense. Mayor Fredericks opened the public hearing. Councilmember Gram asked the CKS representatives in the audience why they had closed down the school after moving from their site. He said he recalled that they had not planned to do so during the CUP hearing. Ron Brown, past president of CKS, addressed the issue of increased use first. He said that the square footage being built was not necessary for an increase in the preschool side of the project but rather, for a Jewish day school. He said the increase in number of students was needed for the religious school rather than for the preschool. In that sense, he said the request was unique. Councilmember Gram asked if there would be other grades in the school, besides preschool. Mr. Brown said no. Gram asked how many students were in the preschool. Mr. Brown said there were 100 students and noted that they (Ring Mountain) had moved to Davidson Middle School in San Rafael. Mr. Brown said that the new school would be a collaborative effort between CKS and the Jewish Community Center. He said they had 11 students now and that it could take years to reach the 100 mark. Councilmember Gram said that was one reason why he had looked favorably on this request, because CKS was essentially starting "from nothing." Councilmember Collins asked if there was a difference between a day school and preschool in the CUP. He said the CUP talked of a combination of 100 students between the two classifications. Mayor Fredericks agreed; she noted that the agreement used the term "tenant day school" and sometimes used other descriptions. DRAFT Town Council Minutes #xx -2009 March 18, 2009 Page 4 Mr. Brown said that the words were used interchangeably; Mayor Fredericks said they were used conjunctively. Town Manager Curran said that the wording was used to mean a cumulative number. Mr. Brown said CKS concurred with Ms. Curran's description of the number as cumulative. The Mayor said that the term "tenant" might apply to one CKS might acquire. Bruce Raful, responding to Councilmember Gram's question, said that when the CUP was issued, Ring Mountain Day School was there and had intended to move to the new location but had gone elsewhere. Mayor Fredericks asked the CKS representatives for more information on timing for the new school. Mr. Brown said that it was their intention, in keeping with their goal and mission, to have a Jewish preschool but said that it would take some time to develop. Councilmember Slavitz suggested that a simpler solution might be to amend the CUP back down to 100 students and if there was a need in the future, apply for another amendment. He said that it would be far less controversial than the arrangement under consideration. Mr. Brown said that CKS did not want to have to seek an amendment in future; he said that 150 students was their "vision." Mayor Slavitz pointed out that they were seeking an amendment now. Howard Zack, speaking on behalf of CKS, said that the CUP represented an historical gauntlet that was crossed and that they were reluctant to go "backwards." He added that $250,000 was an appreciable sum for a non-profit and that these "hard won" dollars raised by the membership could be put to better use in these hard economic times. He said that the money would go into the building, and the best possible building, for the greater good for the community. Mr. Zack added that the CUP was reviewed annually by the town, so he thought the question of timing was not an issue. Councilmember Gram asked Mr. Zack how long he thought it would take to reach 101 students. Mr. Zack said he thought it might take seven to 10 years. Gram asked whether 10 years could be used as a timeline in the agreement. Again, Mr. Zack questioned the need for a deadline due to the mechanism of annual (CUP) review. He said that it seemed redundant but, if pressed, 10 years would probably be acceptable. Mr. Gram suggested the addition of the words "from date of occupancy" to the 10-year clause. DRAFT Town Council Minutes #xx -2009 March 18, 2009 Page 5 Mr. Brown noted that this was an unusual situation and expressed his gratitude to the town and staff for their time and consideration. Mayor Fredericks closed the public hearing. Councilmember Gram said that he was in favor of the agreement because CKS had disbanded student activity at the site [during construction] and it would take a while for them to get the numbers back up to 100. He commented that the 101 st student would be an "expensive" one. Gram said that he had not reached a conclusion as to the deadline question and would wait to hear from someone on the Council who had proposed it. Councilmember Slavitz said that he was the one who had proposed a deadline. He said that it might take years to build up the student body but at some point he felt it was important to use the entitlement or lose it. He said that he was really looking for a sunset clause in the agreement. That issue aside, Councilmember Slavitz said that he did not approve of the agreement because it was unprecedented. He said that other applicants might come in asking for similar arrangements and that there was no easy way to get around this. However, on the broader issue, he said that he understood the reasons for the CKS request. Vice Mayor Berger thanked staff for taking the time to think the issue through and make a proposal for Council consideration. He said he agreed with Councilmember Gram's assessment and that even though it was not easy, it was a reasonable request. Berger pointed out that there was no change to the facility [plans], and that only the use was changing unlike other projects that might request a waiver of fees. He also said that the community would not experience a radical change [in the increase from 100 to 150]. Finally, Berger said it was a non-profit organization and community resource, and that the facility would be around for a long time. For this reason, he said that the best possible facility should be built and that $250,000 would buy a lot of enhancement. Town Manager Curran asked to comment on the issues of entitlement and timing. Ms. Curran said that there was a reason why entitlements are usually limited and that it is the same reason why CKS is concerned about losing their entitlement. She said that community values change over time and the further out you go, the harder it is to envision how the community will feel about the deferred change. She said the proposed agreement was a mechanism so that CKS would not have to come back in the future to "get back" their entitlement, but that it was reasonable to put a limit on how long that entitlement would be held in reserve for them. Mayor Fredericks said that she understood the good reasons for the CKS request. On the broader issue of fees, she said that it was hard to really describe the dollar for dollar and one to one DRAFT Town Council Minutes #xx -2009 March 18, 2009 Page 6 impact of such fees. She said that from the town's perspective, however, there was a timeline associated with mitigation measures and a need for them, therefore "waiting" as a concept did not make logical or administrative sense. Councilmember Collins said that he agreed with the commentary of his colleagues on the Council. He agreed that it was not an unreasonable request, especially during tough economic times, but he said that he continued to have a problem with the issue of precedent notwithstanding these reasons. He said that future Councils might be faced with similar dilemmas. Collins said that if the agreement was approved by a majority of the Council, he would suggest a letter of credit or some tool to allow the town to collect its fees. Vice Mayor Berger said that a letter of credit was not useful against a construction loan, and Councilmember Gram noted that letters of credit are not readily available in this economy. Mayor Fredericks asked if there was a motion to proceed. There was none. Town Attorney Danforth said there might be another option. She said that CKS could be given a choice of obtaining a CUP amendment, or not getting their money back. Vice 'Mayor Berger asked when the building permit was going to be pulled. Director of Community Development Anderson said that it was imminent and that the next Planning Commission meeting was scheduled for April 22. Councilmember Collins asked how CKS could be assured that this scenario would work given the shortness of time. Town Attorney Danforth suggested that CKS might be required to deposit the funds, pull the permit and initiate proceedings to amend the CUP. As soon as the amendment was approved, they would get the money back. Howard Zack, speaking again on behalf of CKS and as Capital Campaign Chair, said that the town was always in a position to keep their feet to the fire. He suggested that the payment be made at the time of issuance of the Certificate of Occupancy because the congregation may well be in a position to pay the fees at that time. If not, they would "fall back" to the 100 mark and waive the entitlement. Nevertheless, he said that they would like to keep the 150 number "alive." Councilmember Slavitz said that it was not a matter of holding anyone's feet to the fire but rather a matter of playing by the same rules as everyone else. He said that St. Hilary's school, and other applicants, had paid their fees at the time of obtaining a building permit. Mr. Zack said that he was simply "mirroring" the leverage language suggested by town staff. DRAFT Town Council Minutes #xx -2009 March 18, 2009 Page 7 Mayor Fredericks questioned whether the money could be raised later if it was difficult to raise it now. Vice Mayor Berger said that it was only a matter of 12 to 16 months until occupancy. Town Manager Curran said that she understood Mr. Zack's idea that CKS might be able to make a more informed decision down the road and suggested that the town could accept the fees in order and issue a building permit, but enter into an agreement whereby the Town would reimburse the money if the CUP was amended before the Certificate of Occupancy was issued. Mr. Zack described an arrangement would allow CKS to "opt out" of the 150 entitlement at any time. Town Manager Curran said this could mean that the agreement would terminate at the time of occupancy and that way, the fees would continue to be linked to the permit. Mr. Zack asked whether the CKS fees would be "isolated." Town Attorney Danforth said that the Town keeps such fees in impact funds, but they were not segregated by project. Councilmember Slavitz said that he would consider this option as long as the town was not in the position of making an exception. Town Attorney Danforth said that Council might authorize the Town Manager to execute a new agreement without waiting for a CUP amendment. Councilmember Gram said the agreement should be reviewed by the legal subcommittee prior to execution. MOTION: To authorize an agreement that allows CKS to exercise its option for 150 students by paying the traffic mitigation fees at the time of issuance of a building permit; that between the time of permit and issuance of a certificate of occupancy, CKS could receive a refund of those fees by obtaining an amendment to the CUP reducing the maximum number of students to 100. Moved: Berger, seconded by Slavitz Vote: AYES: Unanimous TOWN COUNCIL REPORTS None. TOWN MANAGER'S REPORT Town Manager Curran said that the Town Council/Staff retreat was scheduled for March 26 at the Tiburon Lodge. She suggested adjourning the meeting to that date and time (1:30 p.m.). DRAFT Town Council Minutes #xx -2009 March 18, 2009 Page 8 Ms. Curran also suggested that the April 1 meeting be cancelled because of the upcoming meeting and lack of pressing business that could be carried over to the next regular meeting. Council concurred. WEEKLY DIGESTS • Town Council Weekly Digest - March 6, 2009 • Town Council Weekly Digest - March 13, 2009 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Slavitz adjourned the meeting at 8:50 p.m. to March 26, 2009, 1:30 p.m. at the Tiburon Lodge. ALICE FREDERICKS, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK DRAFT Town Council Minutes #xx -2009 March 18, 2009 Page 9 ' TOWN OF TIBURON 1505 Tiburon Boulevard -:y Tiburon, CA 94920 Date: April 2, 2009 To: Mayor and Town Council From: Peggy Curran, Town Manager Subject: Summary of March 26, 2009 Council-Staff Retreat ( Z, C On the afternoon of March 26, 2009, the Town Council and ten members of Staff met for a retreat at The Lodge in Tiburon to review progress on current objectives, discuss the state of the Town's budget and provide direction for the upcoming fiscal year. A summary of the retreat follows. Introduction Mayor Fredericks kicked off the afternoon with introductory remarks and a review of the agenda. The Town Council voted unanimously to add an urgent closed session to the end of the agenda to discuss the Wayne v Tiburon case. Status Reports Town Manager Curran and Staff went through a brief update of current objectives (summary sheet attached). The Town Manager pointed out that the majority of projects and programs either had been completed or were expected to be completed this year with previously approved funding. Exceptions to this were continued projects such as the Administrative Services Department review and an overhaul of administrative policies as well as multi-year efforts including renovation or reconstruction of the Public Works Corporation Yard, improving the parking area along Tiburon Blvd at Lyford Drive (addressed in more detail later in this summary) and ferry service stabilization. Administrative Services Director Heidi Bigall took the group through a presentation of budget trends. Her analysis indicated that the Town budget was tracking well relative to projections for this fiscal year, but that next year revenues were expected to decline. In particular, sales and hotel tax receipts are dropping, and property tax is flattening. Bigall and Curran spoke about steps they intend to take to cut future expenses, including asking each department to identify 3% cuts and for managers and mid-managers (non-represented Staff) to forgo raises in the next fiscal year. Information Technology Coordinator Chad Monterichard provided an update of the Town's technology infrastructure, including some upgrades that occurred this year. Councilmembers gave brief updates regarding the boards on which they represent the Town. Councilmember Collins briefed the group on the Marin Energy Authority, Marin Telecommunications Authority and Richardson's Bay Regional Agency. Mayor Fredericks reported on the Transportation Authority of Marin and the Joint Disaster Committee, and Councilmember Slavitz reported on his participation on the Local Agency Formation Commission and the Joint Powers Authority Oversight Committee of MCCMC. Councilmember Collins pointed out the challenge of representing the Town on agencies that may be making fiscal decisions that affect the Town without a good mechanism for first reviewing those decisions with the rest of the Town Council. It was noted that there is a problem common to many of the regional agencies where their boards could not function if each member had to return for authorization for every decision, but not doing so means that decisions which may ultimately bind the participating city or town are made by one Councilmember. One possible solution raised was to consider whether a cap or dollar limit should be put on individual Councilmembers' authority to enable them to make minor decisions without consultation, but require them to return for more significant actions. This might be coupled. with an agreement with the agencies that member agencies such as Tiburon be able to withdraw from participation in any one program if they do not wish to support it financially. Town Attorney Ann Danforth said she would look into MEA in particular, as a nascent and active entity, to see if such an arrangement was possible. Projects and Issues ' Public Works Director Nick Nguyen provided a presentation on the engineering analysis of parking near Lyford Drive. He showed illustrations of two scenarios - one with a double- loaded parking corridor and another with one row of parking. Manager Curran noted that funding of the approximately $370,000 needed for the smaller option could be provided through the $275,000 already budgeted in this fiscal year for this project when combined with funds remaining in the Redevelopment Agency. After discussion, Council concluded that it would like to continue with the process of developing the single parking row, but do so in a way that would not preclude the addition of a second row in the future if conditions so warrant and funding is available. Staff was directed to continue its work, seek approval for use of the right- of-way from Caltrans and return to the Town Council regarding CEQA and further authorization for the project. Councilmember Berger suggested Staff look into a design-build approach to the project. Town Manager Curran discussed the current situation whereby new secondary units in single family homes trigger a requirement that the entire home be retrofitted with fire sprinklers. She pointed out that while the public safety aspect of sprinklers was clear, there was a countermanding public policy interest in encouraging more secondary units to meet the Town's w _ housing goals. Staff was asked to return to the Town Council with options for eliminating the sprinkler requirement for the entire home. The Council considered whether police vehicles should have a base color of silver or white. Silver prevailed. Town Manager Curran explained that the Town had received a letter from the County Department of Health and Human Services regarding strengthening our ordinance restricting smoking. After some discussion, Council directed Staff to return with options to strengthen the ordinance as it applies to multi-family housing. Community Development Director Scott Anderson asked the Council if they were interested in considering adopting the Mills Act for the Town, which would extend tax breaks to qualifying historic properties. Council directed Staff to return with possible legislation to this effect. IT Coordinator Monterichard described the improvements Staff was seeking through a federal stimulus grant to upgrade the technology in the Council Chambers. Council expressed interest in seeing the facility upgraded but did not wish to pursue web-casting its meetings at this time. Staff described efforts to seek federal stimulus funding for a wide variety of projects, and noted that Planner Laurie Tyler would be acting as the Town's coordinator for these activities. Public Works Director Nguyen said that the Town had already secured a $170,000 grant for street work, and other possible projects were identified. Manager Curran gave a report on downtown businesses and activities of the Chamber of Commerce to bolster commerce in Town. While there clearly is less business activity, reflected in reduced sales tax receipts and vacant storefronts, there was also some good news about new stores coming in and creative promotional activities that are underway to stimulate interest in shopping locally. Manager Curran asked the Town Council if they were willing to support a compressed work schedule for Town Hall Staff. The scenario she described was one where Town Hall would be closed to the public every Friday, although Staff would be present and working on the "on" Friday, and building inspections scheduled. Staff would be off on alternate Fridays. Town Hall would be open longer hours Monday through Thursday, with no reduction in total hours or time open to the public. Council was open to the revised schedule but wanted to see it proceed on a trial basis and asked Staff to be sure to notify the public through Tiburon Talk and solicit their feedback. Rl- 5 " l Other comments, suggestions and questions that occurred during the retreat included: • Staff will return with a recommendation regarding solar panels on the Police Station if cost-effective financing or a grant is identified • Provide information on the pay-back of the current solar system on Town Hall • Check out stimulus funding for a ferry boat for Tiburon service • Determine whether MEA will be playing a role in relatioLi to RHNA housing requirements • Add Marin Energy Authority as a link to Town website • Consider adding a "Build it Green" link to Town website • Consider adding a Channel 26 (public access) schedule to Town website • Consider prohibiting wood-burning fireplaces in newly constructed homes • Consider ways to speed-up building permit turn-around Adjournment In concluding the meeting, Council generously expressed its support for the Staff and the level of service they provide to the community. In particular, Council thanked Staff for its conservative budgeting approach, its personalized counter service, excellent outreach to the public and said "it gets better each year". Staff thanked the Council for their support. A brief.closed session was then held, with no action taken. The meeting adjourned at 5:15 p.m. to permit dinner to be served. Summary of Projects Fiscal Year 2008-2009 March 26, 2009 PROJECTS COMPLETED PROJECTS NEARING PROJECTS CONTINUED COMPLETION (completion expected (within calendar year (crossing into next within fiscal year) with no additional funding) fiscal year or beyond) Mar West St Overlay - Phase 2 Annual PMS Street List Improvements Failed Street Improvements Del Mar School Safe Routes to School Improvements Guardrail Replacements Drainage Improvements Beach Rd/Tib Blvd Drainage Engineering Analysis Pine Terrace ADA Path Improvements Paths, Lanes and Steps Projects - Improvements to Cayford, Lower Raccoon and Jefferson to Reed Ranch Paradise Dr. Foundation Repair PW Corporation Yard - bring architectural analysis, alternative approaches and funding options to Town Council for review and direction Parking at Lyford Drive & Tiburon Blvd - site analysis complete, determine direction and proceed to detail design, Caltrans approval and construction Open Space Management Plan - underway Paradise Dr. Maintenance Agreement with County - discussions underway Cypress Hollow Park Minor Renovation Zelinsky Playground Renovation Townwide Office and Cell Telephone System Review Admin. Services Organizational & Operational Review Online Backup 1 Performance evaluation program for Police Dept Emergency Operations training Develop Animal Plan for disaster management in coordination with County "Silver Sentinel" EOC Exercise Video Cameras on Tiburon Blvd & " Paradise Drive - return to Town Council with contract and policy for consideration Upgrade EOC equipment and supplies Review and replace Police Dept policies Develop & implement Police Dept training program Solar panels on Police Station - evaluate financing options to determine feasibility Permit Tracking System for Planning and Building Divisions Green Building Standards for construction Bicycle/ Pedestrian Master Plan , Ferry Service Stabilization - discussions ongoing with GGBHTD Policy Overhaul - drop or rewrite old policies, standardize policies and readopt continuing or terminate policies at Council level Saturday Construction Noise Marin Clean Energy Joint Powers Authority Mill Valley Refuse Contract - contract developed; negotiations to commence Housing Element Update Zoning Ordinance Update Sign Ordinance Overhaul Recreation Master Plan - RFP to be developed, consultant engaged TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Administrative Services Department Investment Summary - February 2009 Town Council Meeting April 15, 2009 Agenda Item: CC- 3 Pursuant to Government Code Section 53601, staff is required to provide the Town Council with a report regarding the Town's investment activities for the period ended February 28, 2009. ANALYSIS Agency Investment Amount Interest Rate Maturity Town of Tiburon Local Agency $1592519100.49 1.869% Liquid Investment Fund (LAIF) CDARS (Bank $ 2,5009992.50 0.60% March 22, 2009 of Marin CDARS (Bank $ 2,0019196.67 0.60% March 26, 2009 of Marin Money Market $ 2509115.00 1.19% Liquid Bank of Marin Total $2090039404.66 Redevelopment Agency Local Agency $19077,280.68 1.869% Liquid Investment Fund (LAIF) FINANCIAL IMPACT No financial impact occurs by adopting the report. The Town continues to meet the priority principles of investing - safety, liquidity and yield in this respective order. TO W.11 ~..t1tEC1C:l ' t`t.'E tTl RECOMMENDATION Staff recommends that the Town Council: Move to accept the February 2009 investment summary Exhibits: None Prepared By: Heidi Bigall, Director of Administrative Services To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Department of Public Works Town Council Meeting April 15, 2009 Agenda Item: CIC - Subject: Authorize The Filing Of An Application For Federal American Recovery And Reinvestment Act Of 2009 Funding And Stating The Assurance To Complete The eed Ranch Road and Ridge Road Overlay Project Reviewed By: BACKGROUND AND DISCUSSION President Barak Obama signed the American Recovery and Reinvestment Act of 2009 (ARRA) on February 17, 2009. The new Act, designed to stimulate the economy and create jobs, includes $27.5 billion in stimulus funding nationwide for highway transportation projects. California's share of the recovery funds is estimated to be $2.57 billion. While it is great news for California to receive a significant investment for the State's transportation infrastructure system, ARRA contains provisions which present great challenges for recipient agencies, such as the Town of Tiburon. ARRA requires that a significant portion of the federal economic recovery funds allocated to California be obligated (i.e. Federal Highway Administration authorization to proceed) within 120 days of apportionment of the funds to California. This deadline is expected to be around June 30, 2009. In response to this accelerated schedule, Town staff has worked diligently for the past two months with the Transportation Authority of Marin (TAM), the State of California Department of Transportation (Caltrans) and the Metropolitan Transportation Commission (MTC) to ensure the Town's place in line to be awarded an allocation of the funds. As a result of preliminary work, the Town has been approved for approximately $170,000 for the Reed Ranch Road and Ridge Road Overlay project, which is a subset of the Town's annual street improvement program. The administration and distribution of these funds has been delegated to the MTC and Caltrans. As part of the application for ARRA funding, MTC requires a resolution to be adopted by the Town stating the following: ...1-ov"n Council "Mc:ctitig Apri.115, 2't. 09 • that the Town understands that the ARRA funding is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with additional ARRA or other MTC-programmed funds; • that our project will comply with the procedures specified in MTC's Regional Project Funding Delivery Policy and with all project-specific requirements as set forth in MTC's Regional ARRA Program and that project as described in the application, and if approved, is included in MTC's TIP; and • that the project will comply with all the project-specific requirements as set forth in the federal ARRA and appropriate applicable regulations or guidance. FISCAL IMPACT There is no cost directly associated with this action. There will be cost associated with the engineering design, construction, and construction inspection of this project that would be funded primarily from the $170,000 ARRA grant. Any overage from this project and the remaining annual street improvement program has been budgeted in this fiscal year from Proposition 1 B, Gas Tax, Traffic Congestion Relief, and Traffic Impact Fund. RECOMMENDATION Staff recommends that the Town Council: Move to adopt a resolution authorizing the filing of an application for Federal American Recovery and Reinvestment Act of 2009 (ARRA) funding, and stating the assurance to complete the Reed Ranch Road and Ridge Road Overlay project. Attachment: Resolution Prepared By: Nicholas Nguyen, Director of Public Works RESOLUTION NO. -2009 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON LOCAL SUPPORT FOR THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (ARRA) FUNDING, AUTHORIZING THE FILING OF AN APPLICATION FOR FEDERAL AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (ARRA) FUNDING AND STATING THE ASSURANCE TO COMPLETE THE-PROJECT WHEREAS, the Town of Tiburon (herein referred as APPLICANT) is submitting an application to the Metropolitan Transportation Commission (MTC) for approximately $170,000 in funding from the federal American Recovery and Reinvestment Act of 2009 (ARRA), with the potential of receiving additional funds, for the Reed Ranch Road and Ridge Road Overlay Project (herein referred as PROJECT) for the MTC Regional ARRA Program (MTC Resolution No. 3885) (herein referred as PROGRAM); and WHEREAS, pursuant to ARRA, and any regulations and/or guidance promulgated thereunder, eligible project sponsors wishing to receive Regional ARRA funds for a project shall submit an application first with the appropriate Metropolitan Planning Organization (MPO), for review and inclusion in the MPO's Transportation Improvement Program (TIP); and WHEREAS, the Metropolitan Transportation Commission (MTC) is the MPO for the nine counties of the San Francisco Bay region; and WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised applicable to federal ARRA fund delivery and has adopted (or is scheduled to adopt) in MTC Resolution No. 3885 such additional requirements as are necessary or appropriate to meet the obligations/award deadlines in the ARRA; and WHEREAS, APPLICANT is an eligible project sponsor for ARRA funds; and WHEREAS, as part of the application for ARRA funding, MTC requires a resolution adopted by the responsible implementing agency stating the following: 1) that the sponsor understands that the ARRA funding is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with additional ARRA or other MTC-programmed funds; and 2) that PROJECT will comply with the procedures specified in MTC's Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) and with all project- specific requirements as set forth in MTC's Regional ARRA Program (MTC Resolution No. 3885); and PROJECT as described in the application, and if approved, is included in MTC's TIP; and 3) that PROJECT will comply with all the project-specific requirements as set forth in the federal ARRA and appropriate applicable regulations or guidance. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon is authorized to execute and file an application for funding under the American Recovery and Reinvestment Act of 2009 for the Reed Ranch Road and Ridge Road Overlay Project; and be it further RESOLVED that the APPLICANT by adopting this resolution does hereby state that: 1. APPLICANT understands that the ARRA funding for the project is fixed at the MTC approved programmed amount, and that any cost increases must be funded by the APPLICANT from other funds, and that APPLICANT does not expect any cost increases to be funded with additional ARRA or MTC-programmed funds; and 2. APPLICANT understands the funding deadlines associated with these funds and will comply with the applicable provisions and requirements of the Regional ARRA Program (MTC Resolution No. 3885) and Regional Project Funding Delivery Policy (MTC Resolution No. 3606, as revised); and 3. PROJECT will be implemented as described in the complete application and in this resolution and, if approved, for the amount programmed in the MTC federal TIP; and 4. PROJECT will comply with all the project-specific requirements as set forth in the ARRA and appropriate applicable regulations or guidance; and be it further RESOLVED that there is no legal impediment to APPLICANT making applications for the funds; and be it further RESOLVED that there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and be it further RESOLVED that APPLICANT authorizes its Town Manager or designee to execute and file an application with MTC for ARRA funding for the PROJECT as referenced in this resolution; and be it further RESOLVED that a copy of this resolution will be transmitted to the MTC in conjunction with the filing of the application; and be it further RESOLVED that the MTC is requested to support the application for the PROJECT described in the resolution and to include the PROJECT, if approved, in MTC's TIP. PASSED AND ADOPTED at a regular meeting of the Town Council on the 15th day of April, 2009, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK 2 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Department of Public Works Town Council Meeting April 15, 2009 Agenda Item: (7c _ 5- Recommendation to Award the Zelinsky Playground Project at South of Knoll Park to Earth Stone Construction, Inc. * LAJ;~-~ On October 1, 2008, the Council authorized staff to advertise and seek bids for the replacement of the Zelinsky Playground at South of Knoll Park. The playground equipment was subsequently purchased for $52,005.92 in advance of the installation work to take advantage of favorable pricing terms from the vendor. The installation project was posted and advertised pursuant to the State of California's Public Contract Code. In addition to the required advertising notice, the Town sent notices inviting bids to construction trade publication plan rooms, and bids were opened on Friday March 27, 2009. The Town received seven valid bids: • Earth Stone Construction in the total amount of $32,425.00 ($45,449 for Base Bid plus Bid Alternate), • P and J Utility in the total amount of $44,667.00 ($50,350 for Base Bid plus Bid Alternate), • W. K. McLellan in the total amount of $53,766.00 ($59,166 for Base Bid plus Bid Alternate). • Wildcat Underground in the total amount of $54,000.00 ($56,000 for Base Bid plus Bid Alternate). • Community Playground in the total amount of $54,510.00 ($58,030 for Base Bid plus Bid Alternate). • McNabb Construction in the total amount of $54,810.00 ($55,790 for Base Bid plus Bid Alternate). • Bay Construction in the total amount of $75,030.00 ($82,350 for Base Bid plus Bid Alternate). The improvements include new playground equipment, keystone block wall, wood fiber box, vine trellis and plant material and new asphalt to replace worn out path areas. Staff has reviewed the bid proposals and found them to be consistent. The low bidder, Earth Stone Construction, is a qualified contractor with a valid Contractor's License, and is responsive to the contract specifications. Staff proposes to complete the Base Bid and the Bid Alternate. If the project is approved by Council, the following general timeline can be established: • Contract documents could be executed by early May. • A preconstruction meeting could be scheduled by late May. • Construction could start by early June. • With 20 working days allocated for this project, all work could be completed by July 10, 2009. FINANCIAL IMPACT There is $165,000 for this project in the FY 2008-09 budget. The play equipment was procured for $52,005.92. The installation project cost at $45,449 plus 15% contingency of $6,817.50 brings the total project cost to $102,272.42. Construction management will be provided by Town staff. RECOMMENDATION Staff recommends that the Town Council: Approve award of contract for the Zelinsky Playground installation to Earth Stone Construction. Prepared By: Nicholas T. Nguyen, Director of Public Works/Town Engineer To: From: Subject: Reviewed By: BACKGROUND TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Department of Public Works Community Development Department Town Council Meeting April 15, 2009 Agenda Item: C6-- Recommendation to Approve the Replacement of the Horseshoe Pit and Installation of Additional Play Structure at Cypress Hollow Park The-replacement of the horseshoe pit at Cypress Hollow Park with a more useful play area for school-age children and installation of additional play equipment were budgeted for this fiscal year. The project was conceived by a neighborhood committee which reached full consensus on its development. It has also been reviewed and approved by the Parks, Open Space, and Trails Commission. ANALYSIS The project consists of the replacement of the horseshoe pit with three integrated elements: a "four square" concrete play pad, a decomposed granite rest area with wood bench, and an adjoining landscape area. The total area does not change substantially from the original footprint of approximately 57 feet by 15 feet. An additional play element, a "jungle gym," is proposed at the lower end of the park. The total area of the jungle gym is approximately 25 feet by 20 feet. A poured-in-place rubber surfacing mat will be used in this area for safety. Minor excavation is anticipated and some existing landscaping will be removed to accommodate the jungle gym. Drainage lines will be installed as needed. Increased use of the park is not anticipated as a result of this proposed work. A separate rehabilitation component is also planned for the park consisting of the replacement of the deteriorated perimeter fence with similar, as-needed irrigation line repair, as-needed header board repair, tree trimming, and re-landscaping of various areas. Photographs of the site are attached as Exhibit 1. Illustrations of the proposed new project elements are attached as Exhibit 2. 7-()11.71 Co Un.c.-i1. 1\4 Ceti f1kT Apri.1.15, 2009 POSC REVIEW AND RECOMMENDATION The Parks, Open Space, and Trails Commission reviewed the project at its regular meeting of September 16, 2008, heard testimony, and recommended approval to the Town Council. ENVIRONMENTAL DETERMINATION Staff made a preliminary determination that the subject application is categorically exempt from the requirements of CEQA per Section 15301 of the CEQA Guidelines that allows minor alteration of existing public facilities involving negligible or no expansion of use beyond that previously existing. The recreational use of the Cypress Hollow Park would be unchanged by the proposed renovations and the additional play equipment would result in a negligible overall expansion of the activities in this park. FISCAL IMPACT The cost estimate for the replacement of the horseshoe pit at Cypress Hollow Park and additional play equipment is approximately $25,000. The rehabilitation component is approximately $35,000. The Cypress Hollow Lighting and Landscaping Assessment District has funds to accommodate this work and future maintenance needs. RECOMMENDATION Staff recommends that the Town Council: 1. Find the project exempt from CEQA pursuant to Section 15301 of the CEQA Guidelines 2. Approve the project and authorize staff to proceed with bidding and construction. Exhibits: 1. Aerial Photo and Photographs of the Site 2. Drawing of Proposed Elements Prepared By: Nicholas T. Nguyen, Director of Public Works I't}c` EXHIBIT TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Community Development Department Town Council Meeting April 15, 2009 Agenda Item: cc Building Plan-Check Services----Authorize the Town Manager to Negotiate and Execute a Service Agreement with Interwest Consulting Group, Inc. qw-__ The Community Development Department recently completed a review of its outside plan- checking services contract and received and considered proposals from three firms that provide these, services. Interwest Consulting Group (ICG) provided the most favorable turnaround times and price rates of the three firms. ICG currently provides plan-checking services to the Town, and has done so for several years. Town staff has been very pleased with the quality, responsiveness, timeliness, and affordability of this firm, and recommends their selection. In calendar year 2008, 544 of 608 (87%) building permit plan-checks were completed in-house by the Building Division staff. Typically, only larger and/or more complex projects are sent to the outside plan-checking service. On occasion, smaller projects have also been sent to outside plan-check when an in-house plan-check backlog occurs, typically during summer months when permit activity is highest. Plan-checking fees are paid by applicants for the services provided. For in-house plan checks, the Town retains 100% of the plan-checking fees. The Town retains a 30% administrative fee for plans sent to the outside plan checking service. Over the past three completed fiscal years, the Town has averaged roughly $96,000 annually in outside plan check expenditures; hence the recommendation for a cap of $100,000 for any single fiscal year as set forth in the service agreement. RECOMMENDATION Staff recommends that the Town Council: Authorize the Town Manager to negotiate and execute an agreement for professional services with Interwest Consulting Group, Inc. for building permit plan-checking services, in an amount not to exceed $100,000 in any fiscal year. Prepared By: Scott Anderson, Director of Community Development~-