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Home My WebLink AboutTC Agd Pkt 2010-01-20TOWN OF TIBURON Regular Meeting Tiburon Town Hall Tiburon Town Council 1505 Tiburon Boulevard January 20, 2010 Tiburon, CA 94920 Regular Meeting - 7:30 p.m. Closed Session - 5:00 p.m. Interviews - 7:00 p.m. AGENDA TIBURON TOWN COUNCIL CLOSED SESSION - (5:00 p.m.) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956.9(a)) Bonander v. Town of Tiburon Town of Tiburon v. All Persons Interested (Del Mar Valley Llndergrounding) Mostyn v. Town of Tiburon et al. INTERVIEWS FOR VACANCIES ON BOARDS &t COMMISSIONS - (7:00 p.m.) (Planning Commission - Two Vacancies) • Frank Doyle, 85 Round Hill Road - 7:00 p.m. • Erin Tollini, 22 Raccoon Lane - 7:10 p.m. • Lou Weller, 291 Blackfield Drive - 7:20 p.m. CALL TO ORDER AND ROLL CALL Councilmember Fraser, Councilmember Fredericks, Councilmember O'Donnell, Vice Mayor Slavitz, Mayor Collins CLOSED SESSION ANNOUNCEMENT, 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. PRESENTATIONS • Commendation for Caltrans projects to be presented to District 4 Director Bijan Sartipi (Director of Public Works/Town Engineer Nicholas Nguyen) • Annual Report by Marin/Sonoma Mosquito &t Vector Control District (Town Representative Roger Smith) 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 January 6, 2010 regular meeting (Town Clerk Crane Iacopi) 2. Town Audit Report -Adopt report for FY ending June 30, 2009 (Director of Administrative Services Bigall) 3. Ridge Road &t Reed Ranch Road Overlay Projects - Adopt resolution accepting projects as complete and authorize filing of Notice of Completion (Director of Public Works/Town Engineer Nguyen) 4. Appreciation for Caltrans Projects - Adoption resolution commending Caltrans for the East Blithedale widening and Tiburon Boulevard Overlay projects (Director of Public Works/Town Engineer Nguyen) 5. Community Choice Aggregation State Ballot Initiative - Resolution opposing State ballot initiative to require 2/3 vote to form Local Public Electricity Providers (Town Clerk Crane Iacopi) 6. Amendments to Building Code - Adopt Ordinance amending Title IV, Chapter 13 (Building Regulations) of the Tiburon Municipal Code (Director of Community Development Anderson) 7. Amendments to Leaf Blower Ordinance - Adopt Ordinance repealing Title VI, Chapter 30 (Leaf Blowers and Hedge Trimmers) of the Tiburon Municipal Code, and creating a new Title VI, Chapter 30 (Leaf Blowers and Hedge Trimmers) (Director of Community Development Anderson) 8. Grand Jury Report on Marin Energy Authority - Adopt Town's response to December 2009 report (Town Attorney Danforth) 9. League of Women Voters - Adopt proclamation in honor of the League of Women Voter's 90`h Anniversary (Town Clerk Crane Iacopi) ACTION ITEMS Appointments to Boards and Commissions - Consider appointments to fill Planning Commission Vacancies (Town Clerk Crane Iacopi) TOWN COUNCIL REPORTS TOWN MANAGER'S REPORT WEEKLY DIGESTS • Town Council Weekly Digest -January 8, 2010 • Town Council Weekly Digest -January 15, 2010 ADJOURNMENT - to a meeting of the Tiburon Redevelopment Agency TIBURON REDEVELOPMENT AGENCY CALL TO ORDER AND ROLL CALL Boardmember Fraser, Boardmember Fredericks, Boardmember O'Donnell, Vice Chair Slavitz, Chair Collins ORAL COMMUNICATIONS BUSINESS MEETING 1. Minutes -Adopt minutes of February 18, 2009 meeting (Board Clerk Crane Iacopi) 2. Audit Report -Adopt report for FY ending June 30, 2009 (Director of Administrative Services Bigall) ADJOURNMENT GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (415) 435- 7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town's website, www.ci.tiburon.ca.us. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. CC-/ TOWN COUNCIL MINUTES CALL TO ORDER Mayor Collin led the regular m eting of the Tiburon Town Council to order at 7:30 p.m. on Wednes y, January 6, 2010, ' Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: PRESENT: EX OFFICIO: Collins, Fredericks, Fraser, O'Donnell, 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, the Council met in closed session, beginning at 6:00 p.m., to discuss the following: CLOSED SESSION - (6:00 p.m.) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956.9(a)) Bonander v. Town of Tiburon Town of Tiburon v. All Persons Interested (Del Mar Valley Undergrounding) Mostyn v. Town of Tiburon et al. CLOSED SESSION ANNOUNCEMENT, IF ANY Mayor Collins said that there was nothing to announce from the closed session. ORAL COMMUNICATIONS Miles Berger, Raccoon Lane, talked about particulate pollution resulting from wood-burning stoves and fireplaces. He said that the Spare the Air Days instituted by the Bay Area Air Quality Management Board were an attempt to address the health problems and reduce particulate pollution. He asked the Council to adopt an ordinance to require low particulate-count wood- burning stoves and fireplaces, or gas stoves, in all new construction and remodel projects in DRAFT Town Council Minutes #01 -2010 January 6, 2010 Page I Tiburon. He said the County of Marin had adopted such an ordinance, along with other cities, such as Mill Valley. William Rothman, Belvedere resident, said that the structure of the Council meetings did not allow the public to comment on information presented after the public hearings were closed. He said that the public should be allowed to have all the facts so that they could comment on them. Mr. Rothman said that the security cameras being contemplated for installation by the Town , were not the same kind of cameras in place in other cities; he said that there were only three other communities in California that had this type of camera, rather than "hundreds." He said the cameras in these cities were not on all the time, nor were they located in thoroughfares adjacent to schools. He said that he would be handing out information at the schools to warn people of the dangers of placing the cameras near schools. Rothman's second point was that the public did not understand how the cameras would be used. He said the public thought the cameras would be used to apprehend suspects in burglaries, or to look for suspects in "Amber Alerts." However, he said that his discussions with the Chief of Police led him to believe that they would be used to apprehend felons wanted anywhere in the state. He said that the proposed policy was not clear. CONSENT CALENDAR Mayor Collins asked if any member of the Council or the public would like to remove any item from the Consent Calendar for further discussion. William Rothman asked to pull Item No. 1 for discussion; David Barker asked to pull Item No. 10 for discussion. 1. Town Council Minutes - Adopt minutes of November 18, 2009 regular meeting (Town Clerk Crane Iacopi) 2. Town Council Minutes - Adopt minutes of December 2, 2009 regular meeting (Town Clerk Crane Iacopi) 3. Town Council Minutes - Adopt minutes of December 7, 2009 special meeting (Town Clerk Crane Iacopi) 4. Vacancies on Town Boards and Commissions - Announcement of current and pending vacancies on Town Boards and Commissions in 2010 (Town Clerk Crane Iacopi) 5. Town Check Signature Authority - Update resolution to give newly elected officials Town check-signing authority (Director of Administrative Services Bigall) DRAFT Town Council Minutes #01 -2010 January 6, 2010 Page 2 6. Town Manager Employment Agreement - Adopt and authorize the Mayor to execute the Third Amendment to Town Manager's Employment Agreement (Town Attorney Danforth) 7. Annual Development Fee Report - Receive annual report on the status of the Town's Development Impact Fees pursuant to the California Government Code (Director of Community Development Anderson) 8. Street Impact Fees - Receive required five-year report of the Town's Street Impact Fees and adopt resolution making the required findings pursuant to California Government Code (Director of Community Development Anderson) 9. 22 Mercury Avenue Appeal - Adopt resolution waiving fees for reapplication with respect to an Appeal of the Design Review Board's decision to approve a site plan and architectural review application for the construction of a new Single-Family dwelling (Director of Community Development Anderson) 10. Marin Energy Authority Participation - Review of Marin Energy Authority contract for renewable electric power (Mann Clean Energy Community Choice Aggregation) and affirmation of December 7, 2009 decision to remain in the Marin Energy Authority to permit participation in the program (Town Manager Curran/Town Attorney Danforth) 11. Marin Emergency Radio Authority Bond - Adopt resolution approving and directing the execution of a Restated Operating Agreement, approve an Official Statement, and direct related actions in connection with the refinancing of the County-wide public safety radio system (MERA) - (Director of Administrative Services Bigall) 12. Irrigation Water Well at 1600 Mar West Street - Approve water well application to install and operate a non-potable (irrigation) well at the Tiburon Peninsula Club (Director of Community Development Anderson) MOTION: To adopt Consent Calendar Item Nos. 1 through 12 (with the exception of Item Nos. 1 and 10), as written. Moved: Fredericks, seconded by Slavitz Vote: AYES: Unanimous DISCUSSION OF ITEMS REMOVED FROM THE CONSENT CALENDAR 1. Town Council Minutes - Adopt minutes of November 18, 2009 regular meeting (Town Clerk Crane Iacopi) William Rothman said the motion approving the security cameras was not clear; he questioned the wording of the motion, specifically how it was amended by Councilmember Gram. DRAFT Town Council Minutes #01 -2010 January 6, 2010 Page 3 Mayor Slavitz attempted to clarify the wording by pointing out where a semi-colon was placed in the motion. Councilmember Fredericks also attempted to clarify his question by reading from another section of the minutes in which the Chief of Police commented on how the cameras would be used, and how the policy would be modified. MOTION: To adopt Consent Calendar Item No. 1, as written. Moved: Fredericks, seconded by Slavitz Vote: AYES: Collins, Fredericks, Slavitz ABSTAIN: Fraser and O'Donnell 10. Marin Energy Authority Participation - Review of Marin Energy Authority contract for renewable electric power (Mann Clean Energy Community Choice Aggregation) and affirmation of December 7, 2009 decision to remain in the Marin Energy Authority to permit participation in the program (Town Manager Curran/Town Attorney Danforth) Town Manager Curran gave a brief report. She said that the Council had conducted a public hearing on December 7, 2009, in which the contract had been reviewed and the question of whether to continue participation in MEA had been discussed. She said that during the three-hour hearing, 12 members of the public and numerous experts from various points of view had testified. She said that the Council had deliberated and at the conclusion of their deliberations, the Mayor had asked if anyone wanted to make a motion to withdraw from MEA. No motion was made. Curran said that the Council then directed staff to bring the item back to the Council in January for affirmation on the Consent Calendar. She said that a motion for reconsideration of the item would need three votes of the Council. Mayor Collins asked for public comment. David Barker, Lagoon View Drive, said that he would not "rehearse" his previous comments on MEA; however, he said that the promises made by MEA were "overestimated and illusory", and that the risks associated with the venture were greater than those stated by MEA. Barker said that claims by the Council that participation in MEA was simply to give the Town's citizens a choice would be true if there was actually a grassroots demand for an alternative energy provider. He said that he had heard only one public speaker so far in support of the initiative and many more had spoken against it. Barker also disputed the claim by MEA that having an alternative energy provider would create a demand for renewable energy. He said that the contract being contemplated by MEA did not bring forth any new sources of renewables. He suggested that MEA issue an RFP for the provision of renewable energy sources. DRAFT Town Council Minutes #01 -2010 January 6, 2010 Page 4 Barker recommended that the Council vote for reconsideration of the matter and move to withdraw from MEA. Miles Berger, Raccoon Lane, said that he would "double the number" of citizens in favor of MEA and said that he supported the Council's action to participate. Bill Lindquist, Cazadero Lane, said he read the Grand Jury Report. He claimed the Grand Jury had done more work that any Council on the issue and suggested that the Council "drop the whole idea" as commercially unviable. He suggested that the Council answer the question of whether they would be willing to invest their own money in the initiative, and to go ahead and do so, but not to use the public's money. Bob McDermott, Ridge Road, said he supported David Barker's analysis of MEA and regretted that the Grand Jury report had come out so late. He asked whether the Council was planning to respond to the Grand Jury Report. Town Attorney Danforth said that the Town's response would be on the next Council agenda. Mr. McDermott also asked what the role of the Town Council would be, going forward, especially pertaining to the issues raised by the Grand Jury in its report. Mayor Collins said that the Marin Energy Authority meetings were open to the public and that the public could follow the issues in that venue. Councilmember Fredericks said that this was the correct protocol, consistent with the Town's participation in other regional agencies, such as the Transportation Authority of Marin, and was the usual course and practice of disseminating information to residents. Town Manager Curran also said that the Town had provided information many times in articles written for the electronic newsletter, Tiburon Talk, and would continue to do so, particularly when it came time for residents to have the choice to stay in MEA or to "opt out." Councilmember O'Donnell acknowledged that this was a difficult issue for people. He said that it was also one on which "smart people can disagree." O'Donnell said that he disagreed with the recommendation of the Grand Jury and that he believed the venture would be successful in both creating competition and in "pushing the ball forward" to achieve a reduction in greenhouse gas emissions. He said that MEA presented the greatest opportunity to obtain renewable power, and in that he disagreed with Mr. Barker's conclusion. He said that private enterprises would follow and join the "renewables" market. Councilmember O'Donnell said that MEA presented a greater choice for the consumer; he noted that PG&E had just yesterday announced that they would reduce their rates by 5%. DRAFT Town Council Minutes #01 -2010 January 6, 2010 Page 5 Mayor Collins concurred. He said that a simple analogy was that supply did follow demand; he said that he believed the MEA could provide more renewable energy as time went on, and that ultimately, it would own its own facilities. He said that he agreed with the goals of the initiative and that it was worth going forward with MEA. He asked the Council if anyone wanted to make a motion to withdraw from the Marin Energy Authority. There was no motion to withdraw. MOTION: To adopt Consent Calendar Item No. 10, as written. Moved: Fredericks, seconded by Slavitz Vote: AYES: Unanimous ACTION ITEMS 1. Town Council Committee Appointments - Recommendation to update Council Committee Appointments list to reflect new committee assignments (Mayor Collins/ Town Manager Curran) Mayor Collins said that Action Item No. A-1 would be heard at the end of the meeting. 2. Ritter Center Art House - Request of Chamber of Commerce to co-sponsor and locate an "Art House" on the Fountain Plaza (Town Manager Curran) Town Manager Curran gave the report. She said that the Town had recently received a request from the Chamber of Commerce to place a privately-sponsored and uniquely decorated "Art House" on public property on a temporary basis. She said that at the end of seven weeks, the Art House would be auctioned off and the proceeds would go to Ritter House, a community-based nonprofit located in San Rafael that assists Marin's low income and homeless population. Curran said that the Chamber thought it was a worthwhile endeavor and that it would also serve to draw visitors to downtown Tiburon. She said that they requested that the Art House be placed in Fountain Plaza, as the most visible entry to the downtown area. She also said that local builder and Chamber member Larry Hadley had agreed to pay the $5,000 sponsorship fee in exchange for a plaque bearing his company's name. She said that the Chamber was a frequent partner with the Town in events in the downtown area and that this could be viewed as a similar partnership. She said that a drawback might be the setting of a precedent which would open the door for similar requests for use of public space that the Town might not be able to sustain. One way to address this issue, Curran said, was for the Town to co-sponsor the event with the Chamber. She said that the Town could issue an encroachment permit and that the Art House might be located in the plaza in the exact location where the Chamber's holiday tree was currently situated. DRAFT Town Council Minutes #01 -2010 January 6, 2010 Page 6 Vice Mayor Slavitz asked if other locations had been evaluated. Curran said that other locations, such as Ferry Plaza, or Blackie's Pasture, had been considered but that the Chamber thought the Fountain Plaza was optimal and the most prominent location. She also noted that the cities of San Rafael, San Anselmo, and Ross had also voted to allow placement of the Art Houses on public property. Diane Linn, Executive Director of Ritter Center, said that the issues raised by the Council had been explored by other communities and would be addressed. Ms. Linn said that the goal of the project was to bring a difficult issue, homelessness, to the forefront, through a collaborative effort with the cities and towns. She said that there were six Art Houses in San Rafael, some on public and some on private property. She said that the organization sought a long-term partnership with the cities and towns. Linn said that the artists selected to do the work would be appropriate to the communities, and she distributed the profiles of two such artists to the Council. Councilmember Fredericks asked if this project was the same project that had been presented to the Mayor a year ago. Ms. Linn said that it was, although she said the project had evolved and "changed course" to its current format. Councilmember Fredericks asked Ms. Linn if what she meant by creating a long-term relationship with the cities and towns was that the organization would request more permits in the future. Ms. Linn clarified that she meant a "temporary, but long-term relationship." She said the houses would "appear" on March 1St in their locations, and would be removed seven weeks later. In response to a question from Vice Mayor Slavitz, Ms. Linn said that the houses would be bolted down, or otherwise secured on a steel platform. She said that some artists encouraged interaction with their pieces ("touching") but that she felt most people were respectful of public art and would not vandalize the pieces. Vice Mayor Slavitz asked if the Ritter House would indemnify the Town for damage and liability. He also expressed concern about damage to the bricks in Fountain Plaza. Ms. Linn said that the License Agreement they made available stated that the Ritter House would restore the site to their original condition. She also said that the Ritter house would provide insurance, per the Vice Mayor's question. Mayor Collins asked if there would be any type of signage. Ms. Linn said that the sponsor plaque would be affixed to the house. She also said that some sort of plexiglass holder containing information on the house and the project would be made available. DRAFT Town Council Minutes #01 -2010 January 6, 2010 Page 7 Larry Hadley, Vice President of the Chamber of Commerce, said that main goal in the Chamber's view was that this would be a tool to bring business to downtown Tiburon. He said that the secondary goal for him was personal, that of being a sponsor. He said that he had first looked into donating his company's time to build the houses but had been told there was already a builder in place. Mayor Collins asked if anyone else from the public wished to comment. Being none, he closed the public hearing portion of the item. Councilmember Fredericks said that historically the Council had been unwilling to approve the placement of art on a temporary basis in the downtown or other publicly prominent areas, such as Shoreline Park or Ferry Plaza. She expressed concern about the scope of the project, and the placement of a large (four by four foot) structure in a relatively small public area, especially given the reluctance of the Council to endorse artwork on public property in the past. Fredericks expressed concern that other non-profits would want to undertake similar projects or the same project repeatedly. She said that the Chamber's request to draw attention to the downtown area could be satisfied with the distribution of a map showing the locations of all the Art Houses, as stated in one description of the project, and that an alternate location might still be found. Councilmember O'Donnell said that he liked the concept of public art. He said that this seemed like a worthwhile cause, and that the Fountain Plaza was preferable to the Ferry Plaza, in his estimation. Vice Mayor Slavitz said that he shared some of the concerns expressed by Councilmember Fredericks, and that he was also concerned about liability to the Town. He said he wished there was another location but that in the end, he would vote to approve the request, at least for this go round. He suggested giving it a try and seeing what happens, and to learn from the experience. Councilmember Fraser agreed; he said that it was the right cause for the community and was also consistent with the goals of the community to revitalize the downtown area. He said that Councilmember Fredericks' comments deserved further thought and consideration, but that sometimes it was worthwhile to experiment with a new idea. Fraser said that the location had merit in that so many people would see the Art House when they came off the ferry, or drove or walked into downtown. As to the liability issue, Councilmember Fraser said that the placement of the Chamber's holiday tree did not appear to cause a problem, and any concerns regarding damage could be addressed through the insurance indemnification. Mayor Collins asked if the Art Houses would be in place for 60 days. Ms. Linn said that the placement of the houses was for seven weeks. DRAFT Town Council Minutes #01 -2010 January 6, 2010 Page 8 The Mayor agreed that the Town should be indemnified through the agreement and insurance. He said that he, too, favored public art in downtown and that this may not be the best location but rather, the only location. He asked if it could be moved if for some reason it did not work out, for example, for safety reasons. The Town Manager said that this language could be incorporated into the agreement. MOTION: To direct staff to work with the Chamber of Commerce and the Ritter Center to locate an Art House on the Fountain Plaza and authorize the Town Manager to enter into any agreements necessary to facilitate the project and indemnify the Town during this temporary installation. Moved: Fredericks, seconded by Slavitz Vote: AYES: Unanimous PUBLIC HEARINGS 1. Amendments to Building Code - Miscellaneous Amendments to Title IV, Chapter 13 (Building Regulations) of the Tiburon Municipal Code - First Reading of Ordinance (Director of Community Development Anderson) Director Anderson said the Town's Building Code was last amended in February of 2009, and incorporated the newest California Building Code provisions. Anderson said that certain sections of the state code had been identified as areas the Town desired to amend, specifically, an amendment to re-establish the Town's long-standing swimming pool barrier requirement that was weakened in the 2007 California Building code when it was adopted by the State. He said that Town requirement consisted of erecting a barrier at least 48 inches in height above grade to create a passive prevention method around swimming pools. Anderson said the Building Official also recommended the following amendments: 1) eliminating a provision in the state code that exempts certain types of building awnings from a building permit; and 2) correcting a formatting error in the Town Code that was could lead to confusion. Councilmember Fredericks asked about the change to the state code pertaining to swimming pools. Director Anderson clarified that the Town could adopt amendments to make the state code more restrictive, not less, than the current code. He said that this was the proposal before the Council. Mayor Collins asked if a four-foot swimming pool barrier was high enough. Director Anderson said that it was adequate in the Town's experience. Mayor Collins opened the public hearing. There was no public comment. Mayor Collins closed the public hearing. DRAFT Town Council Minutes #01 -2010 January 6, 2010 Page 9 MOTION: To read the ordinance by title only. Moved: Slavitz, seconded by Fraser Vote: AYES: Unanimous MOTION: To pass first reading of ordinance by roll call vote, and to waive second reading of the ordinance in favor of adoption on Consent Calendar at the next regular meeting. Moved: Fredericks, seconded by Slavitz Vote: AYES: Collins, Fraser, Fredericks, O'Donnell, Slavitz 2. Amendments to Leaf Blower Ordinance - Repeal of Title VI, Chapter 30 (Leaf Blowers and Hedge Trimmers) of the Tiburon Municipal Code, and adoption of a new Title VI, Chapter 30 (Leaf Blowers and Hedge Trimmers) - First Reading of Ordinance (Director of Community Development Anderson) Director Anderson said that the Town had regulated leaf blowers since 1995, when it adopted restrictions on the days and hours of operation of gas-powered leaf blowers in residential areas. These regulations were substantially amended in 2002 when the town voted to ban the use of gas- powered leaf blowers in residential areas and to limit the hours and days of leaf blower use in non-residential areas. Anderson said that in recent months, Town staff had received complaints regarding vacuum-type devises that gather, rather than blow around, leaves and other debris. He said that these mechanical devices created the same noise problems as leaf blowers, but could not be regulated under current ordinances. Therefore, Anderson said the Police Department could not enforce the Leaf Blower Ordinance restrictions on such devices. When reviewing the current ordinance to implement this change, Anderson said that staff also tried to improve the consistency and clarity of the regulations as a whole and make them easier to use and enforce. He pointed out a chart of days and times of operation for all equipment covered under the current ordinance, with the addition of leaf vacuums. He also recommended that the Council consider amending the ordinance to make the days and hours of operation for electric leaf blowers mirror the days and hours of operation of gas-powered leaf blowers, for further ease of use and enforcement, including the prohibition of use of electric leaf blowers on holidays. Anderson said that staff had received little public comment on the recommended changes. Councilmember O'Donnell said that in general, he did not favor "paper policy" and that this ordinance was not really being enforced. He said that professional landscapers preferred the gas- powered equipment because it was more durable, and that there had been updates to the equipment to make it less noisy. He questioned the need to continue having the ordinance on the books at all. DRAFT Town Council Minutes #01 -2010 January 6, 2010 Page 10 Councihmember Fredericks agreed that electric blowers were only a little less noisy, but she said that there had been compliance with the ordinance by homeowners and gardeners in her neighborhood. Vice Mayor Slavitz said that the ordinance provides a mechanism to ban the equipment if there is a problem and that it was beneficial for that reason. Councilmember Fraser said that the problems of enforcement could be solved through communication. He said it was the homeowner's responsibility to inform their gardeners and landscapers of the Town's rules, but he asked how the homeowner's would be informed of these proposed changes to the ordinance. Town Manager Curran said that one idea was to post an easily printable page on the Town's website that could be downloaded by homeowners and given to their gardeners. She also said that the Town had a lot of people "in the field" that could distribute information. Curran said that it was the practice of the Police Department to warn offenders rather than cite them; she said that the Town sought compliance with the code. Chief Cronin agreed that enforcement of the ordinance came on a complaint-made basis. He said that police officers did not cite on the first call but noted that they could issue citations to homeowners if they did not comply. He said that the department sends a letter first. Mayor Collins asked what the fine was for non-compliance of the ordinance. Chief Cronin said that it was $146 in the first instance. Mayor Collins opened the public hearing. There was no public comment. Mayor Collins closed the public hearing. MOTION: To read the ordinance by title only. Moved: Slavitz, seconded by Fredericks Vote: AYES: Unanimous MOTION: To pass first reading of ordinance by roll call vote, including the amendment to Section 30-4 [no use of any devices on holidays], and to waive second reading of the ordinance in favor of adoption on Consent Calendar at the next regular meeting. Moved: Fredericks, seconded by Slavitz Vote: AYES: Collins, Fraser, Fredericks, O'Donnell, Slavitz 3. Introduction of Zoning Ordinance Amendments - Introduction and Overview of Comprehensive Reformatting and Text Amendments to the Tiburon Zoning Ordinance (Director of Community Development Anderson) DRAFT Town Council Minutes #01 -2010 January 6, 2010 Page 11 Director Anderson said that the Tiburon Zoning Ordinance was last updated in its entirety 20 years ago. He said that Planning Manager Watrous and Lisa Wise Consulting began work on a comprehensive update in 2008. The Director said that while most of the standards and requirements contained in the ordinance had stood the test of time and seemed to work well for the Town's residents and property owners, the ordinance could nevertheless be refined and updated. In addition, Anderson said that the entire ordinance needed to be reorganized and reformatted into a more user-friendly document. Anderson said that the Planning Commission held a total of eight public hearings on the revised draft Zoning Ordinance during 2009. Depending on the level of detail desired, and the volume of questions and comments from the Town Council, Anderson said that one or more hearings may be needed to complete the review and adoption of the ordinance. Councilmember O'Donnell concurred that the Planning Commission had done an extensive, word by word review of the proposed ordinance. Councilmember Fraser said that he might want to make only some "tweaks" to the language at this juncture. Councilmember Fredericks said that she would like the opportunity to read the document thoroughly before commenting. The Council agreed to continue the hearing on the Zoning Ordinance amendments until the March 3, 2010 regular meeting. ACTION ITEMS 1. Town Council Committee Appointments - Recommendation to update Council Committee Appointments list to reflect new committee assignments (Mayor Collins/ Town Manager Curran) Mayor Collins made his recommendations for new assignments, as follows: Regional Committees: • ABAG - Jim Fraser, Delegate; Emmett O'Donnell, Alternate • CDBG - Emmett O'Donnell, Delegate; Jim Fraser, Alternate • MTA - Jim Fraser to replace Tom Gram as Delegate • RBRA - Emmett O'Donnell to replace Dick Collins as Delegate • WTA - Emmett O'Donnell to replace Miles Berger as Delegate DRAFT Town Council Minutes #01 -2010 January 6, 2010 Page 12 Local committees: • Jt. Disaster Advisory Council - Jim Fraser, Town Council representative • Jt. Recreation Committee - Jim Fraser, Town Council representative Town Ad Hoc Committees: • Litigation Committee - Emmett O'Donnell to replace Tom Gram; Mayor Collins • Budget & Administration - Councilmember Fredericks; Vice Mayor Slavitz • Corporation Yard Redevelopment - Emmett O'Donnell; Mayor Collins • Lyford Drive Parking - Emmett O'Donnell; Mayor Collins • Downtown issues - Jim Fraser; Mayor Collins • Smoking Ordinance - Councilmembers Fredericks and Fraser Other appointments: • JPA Oversight Committee Vice Mayor Slavitz said he would like to step down as the delegate to the Joint Powers Authority Oversight Committee but that he would still agree to be the alternate. Councilmember Fredericks said that serving on this committee was a good way to get to know all the regional joint powers authorities and their missions. Councilmember Fraser said that he would accept the delegate position, if appointed. • Marin BERST - Emmett O'Donnell, alternate (to replace Miles Berger) MOTION: To accept the new Committee assignments, as listed above. Moved: Slavitz, seconded by Fredericks Vote: AYES: Unanimous TOWN COUNCIL REPORTS Councilmember Slavitz said that he had attended a hearing in San Anselmo on proposed legislation to ban plastic bags, or both plastic and paper bags. He said that a group had asked to make a presentation at an upcoming Council meeting which would coincide with the 40th anniversary of Earth Day. A suggestion was made to add this item to the Council retreat agenda, along with the wood- burning ban, and a request by Councilmember O'Donnell to develop a policy on voting at board meetings where there was a lack of a quorum when a boardmember or commissioner had to recuse themselves on an issue. DRAFT Town Council Minutes #01 -2010 January 6, 2010 Page 13 TOWN MANAGER'S REPORT Town Manager Curran said that she had received a request from the Tiburon Peninsula Foundation for Town support of additional historical plaques along the multi-use path. She said the TPF had requested $2,000. Curran recommended a Town contribution of $1,000 which could come out of the Town Manager's discretionary fund. The Council concurred with the recommendation. Vice Mayor Slavitz suggested that the POST commission review the placement of the plaques prior to approval. WEEKLY DIGESTS • Town Council Weekly Digest - December 11, 2009 0 Town Council Weekly Digest - December 18, 2009 • Town Council Weekly Digest - December 25, 2009 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Collins adjourned the regular meeting at 9:30 p.m., and continued the closed session to Friday, January 8, at 4:00 p.m. RICHARD COLLINS, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK DRAFT Town Council Minutes #01 -2010 January 6, 2010 Page 14 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 Town Council Meeting January 20, 2010 Agenda Item: CC- z. Recommendation to Receive and Acknowledge the Annual FY 2008-09 Audit- Annually, the Town contracts for the services of an independent auditor to verify the state of the Town's finances by examining our financial records and financial condition. Again this year the Town retained the independent auditing firm of Marcello & Company to prepare the annual audit package. ANALYSIS The actual results of the Town's financial activities are presented in the Government-Wide Financial Statements (pages 12 and 13). Net assets are a good indicator of the Town's financial position. The Town ended FY 2008-09 with $53.1 million in net assets, a decrease of $7,218 over the previous fiscal year. Supplementary explanatory information is provided with the Management's Discussion and Analysis (MD&A) beginning on page 3. The MD&A provides key highlights and a summary view of performance of financial activities for the year ended June 30, 2009. The auditors have issued a report that includes required communications concerning their responsibility under generally accepted accounting standards, significant changes in accounting policies and unusual transactions, management judgments and accounting estimates, significant audit adjustments, and other issues related to performance of the audit. In the area of accounting practices and internal controls, there are no findings as to material weaknesses. FINANCIAL IMPACT There is no fiscal impact to the Town by having the Council accept this financial audit report. RECOMMENDATION Staff recommends that the Town Council: TOWN OF TIBURON PAGE 1 OF 2 Move to accept the Fiscal Year 2008-09 annual financial audit as prepared by Marcello & Company, C.P.A.'s. Exhibits: Report and General Purpose Financial Statements of the Town of Tiburon for Fiscal Year ended June 30, 2009 Prepared By: Heidi Bigall, Director of Administrative Services To: From: Mayor and Members of the Town Council Department of Public Works Town Council Meeting January 20, 2010 Agenda Item: Subject: Recommendation to Accept the 2009 Reed Ranch Road and Ridge Road Overlay Project (Federal Project No. ESPL-5388-008), And Authorize The Filing Of The Notice Of Completion For The Work Reviewed By: BACKGROUND On June 3, 2009, the Council authorized staff to advertise and seek bids for the construction of the 2009 Reed Ranch Road and Ridge Road Overlay Project. The project was posted and advertised as required by the State of California's Public Contract Code. The contract was awarded to North Bay Construction on September 2, 2009 in the amount of $318,933. Work consisted of asphalt concrete grinding and resurfacing, localized base repair, and traffic striping. The work was substantially completed on December 14, 2009. The completed work included two change orders for unforeseen items of work in the total amount of $4,739. Based on the work performed, material installed, and total change orders, the final construction project cost is $294,678, delivering the construction project under the awarded budget. The American Recovery and Reinvestment Act (ARRA) grant funding is providing $204,000 towards the project. Sufficient funds have been programmed in the FY 2009-10 year to make up the remainder. RECOMMENDATION Staff recommends that the Town Council: Move to adopt a resolution accepting this project as complete and authorizing the Director of Public Works / Town Engineer to execute the Notice of Completion on behalf of the Town Council, and upon completion of the 35 day period, release the retention funds to the contractor. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 .I 1)?.~ t1 C._ oun,. tl :Mc c lv, Exhibits: Resolution Accepting the 2009 Reed Ranch Road and Ridge Road Overlay Project (Federal Project No. ESPL-5388-008), And Authorizing The Filing Of The Notice Of Completion For The Work. Prepared By: Nicholas T. Nguyen, Director of Public Works/Town Engineer RESOLUTION NO. -2010 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ACCEPTING THE 2009 REED RANCH ROAD AND RIDGE ROAD OVERLAY PROJECT (FEDERAL PROJECT NO. ESPL-5388-008), AND AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION FOR THE WORK WHEREAS, The Town Council budgeted funds in Fiscal Year 2009-2010 to complete the project; WHEREAS, North Bay Construction, Inc. was awarded the contract on September 2, 2009 to perform the work; WHEREAS, The construction of the project was substantially completed under budget on December 24, 2009; and WHEREAS, The final construction cost, including payment of total quantities installed is $294,678. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon as follows: Section 1. The Town Council does hereby accept the construction of the 2009 Reed Ranch Road and Ridge Road Overlay Project (Federal Project No. ESPL-5388-008) as complete by North Bay Construction, Inc. Section 2. The Town Council authorizes the Director of Public Works / Town Engineer to execute the Notice of Completion and the Town Clerk to record the Notice of Completion. Section 3. The Town Council authorizes the Director of Public Works / Town Engineer to release the retention payment 35 days after the recordation date of the Notice of Completion, pending release of any stop notices or Town claims. PASSED AND ADOPTED at a regular meeting of the Town Council on the 20th day of January, 2010, by the following vote, to wit: AYES: COLNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 1/2 ATTEST: DIANE CRANE IACOPI, TOWN CLERK RICHARD COLLINS, MAYOR TOWN OF TIBURON 2/2 To: From Mayor and Members of the Town Council Department of Public Works Town Council Meeting January 20, 2010 Agenda Item: ofv-- Subject: Resolution Commending the California Department of Transportation, District 4, for the East Blithedale Off-Ramp Widening and Tiburon Boulevard, State Route 131, Overlay Projects Reviewed By: " BACKGROUND In the fall of 2009, the California Department of Transportation (Caltrans) successfully completed two projects on the Tiburon Peninsula that have greatly enhanced access and safety for local residents, businesses, and visitors. The East Blithedale Off-Ramp widening and Tiburon Boulevard, State Route 131, overlay projects were both officially completed in the fall of 2009. The attached resolution is to commend and thank Caltrans for their work. RECOMMENDATION Staff recommends that the Town Council: Move to adopt a resolution commending the California Department of Transportation, District 4, for the East Blithedale Off-Ramp widening and Tiburon Boulevard overlay proj ects Prepared By: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Nicholas T. Nguyen, Director of Public Works/Town Engineer Exhibit: Resolution Resolution No. 06-2010 A Resolution of the Town Council of the Town of Tiburon Commending the California Department of Transportation, District 4, for the East Blithedale Off-Ramp Widening and Tiburon Boulevard, State Route 131, Overlay Projects Whereas, in 2001 a California Department of Transportation (Caltrans) Project Study Report was prepared at the request of the Transportation Authority of Marin (formerly the Marin County Congestion Management Agency) to propose improvements aimed at enhancing safety of exiting traffic at the southbound US Highway 101 off-ramp to East Blithedale Avenue/Tiburon Boulevard by increasing vehicle storage capacity at the off-ramp; and Whereas, the Town of Tiburon, the County of Marin and Caltrans entered into an agreement in 2005 to fund the construction of these improvements; and Whereas, construction of these improvements began in earnest early 2007 and was successfully completed in October 2009; and Whereas, in a separate project, Tiburon Boulevard (State Route 131), from US Highway 101 to Mar West Street, was successfully resurfaced during the summer of 2009; and Whereas, personnel from the Caltrans San Rafael Construction Field Office oversaw the construction of both projects, successfully mitigating impacts to motorists, maintaining public safety, and actively coordinating with Town staff and the public; and Whereas, these improvements have improved the quality of life for the residents of and visitors to the Tiburon Peninsula, as well as access to local businesses; Now, therefore, be it resolved that the Town Council of the Town of Tiburon hereby commends Caltrans District 4 Director Bijan Sartipi and the professional men and women of Caltrans, particularly those who worked on the widening of the East Blithedale Off-Ramp and overlay of the Tiburon Boulevard projects, who were successful in designing and building transportation improvements on the Tiburon Peninsula to enhance access and safety for local residents, businesses, and visitors; Passed and adopted at a regular meeting of the Tiburon Town Council on January 20, 2010, by the following vote: AYES: COUNCILMEMBERS: Collins, Fraser, Fredericks, O'Donnell, Slavitz RICHARD COLLINS, MAYOR TOWN OF TIBURON Page 1 of 2 ATTEST: DIANE CRANE IACOPI, TOWN CLERK Page 2 of 2 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Office of the Town Clerk Town Council Meeting January 20, 2010 Agenda Item: C-CO-1 Jr Recommendation to adopt a resolution in opposition to a proposed ballot initiative to require a 2/3 vote to form Local Public Electricity Providers At the request of Mayor Collins, this resolution has been brought forward for consideration by the Town Council. The Marin Energy Authority adopted a resolution at its December 3, 2009 Board meeting in opposition to a proposed California constitutional amendment ballot initiative entitled, "New Two-Thirds Vote Requirement for Local Public Electricity Providers". The Marin County Board of Supervisors adopted a similar resolution on January 5, 2010. The "New Two-Thirds Vote Requirement for Local Public Electricity Providers" would require local governments to obtain the approval of two-thirds of the voters before providing electricity to new customers or expanding such service to new territories if any public funds or bonds are involved. The initiative, which will be placed on the June 3, 2010 ballot, would not require any voter approval for actions of investor-owned utilities. Because this initiative is structured to limit expansion of local public electricity providers, passage of this ballot initiative could limit the ability of non-Marin Energy Authority (MEA) member communities to have the choice of MEA power in the future. Adoption of the resolution is in keeping with the Town Council's decision to remain in MEA and pursue the Marin Clean Energy CCA program. There is no impact to the Town's General Fund by adopting this resolution. RECOMMENDATION Staff recommends that the Town Council adopt the attached resolution opposing the proposed ballot initiative on the June 3, 2010 ballot. Exhibits: Draft Resolution Prepared By: Diane Crane Iacopi, Town Clerk TOWN OF TIBURON PAGE 1 OF 1 RESOLUTION NO. XX - 2010 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON OPPOSING THE PROPOSED CALIFORNIA CONSTITUTIONAL AMENDMENT BALLOT INITIATIVE ENTITLED "NEW TWO-THIRDS VOTE REQUIREMENT FOR LOCAL PUBLIC ELECTRICITY PROVIDERS" WHEREAS, in 1997 the State of California deregulated the electricity market with the intent to give consumers a choice in electricity providers, ending decades of monopolized electricity markets; and WHEREAS, deregulation promised lower rates and better service through increased competition; and WHEREAS, the deregulation of the electricity market led to market manipulation by some investor-owned electricity providers which later admitted to fraudulent behavior. A direct result of that market manipulation was the energy crisis of 2000-2001; and WHEREAS, in 2001, the State of California rescinded deregulation, returning most ratepayers to the same monopolistic electricity providers that they had prior to deregulation, resulting in the loss of free-market competition and consumer choice; and WHEREAS, in 2002, in response to the collapse of deregulation and its failure to provide electricity consumers with a choice of electricity providers, Assemblywoman Carole Migden authored, and the California Legislation passed, Assembly Bill 117, enabling communities to establish Community Choice Aggregation programs; and WHEREAS, Community Choice Aggregation enables any city or county or combination thereof to purchase electricity on behalf of its residences and businesses, and can require and obtain a higher percentage of renewable energy in its energy portfolio than that provided by investor-owned utility; and WHEREAS, Community Choice Aggregation offers Californians the opportunity to choose their electricity provider and obtain electricity that is qualified as renewable energy, as established by the California Energy Commission; and WHEREAS, Community Choice Aggregation gives authority to participating local governments to issue municipal revenue bonds to build publicly-owned, renewable energy resources to supply electricity to their residents, thereby playing an important role in California's greenhouse gas reduction target as mandated in Assembly Bill 32, California's Global Warming Solutions Act; and 1 WHEREAS, all debt obligations incurred by Community Choice Aggregators are payable with the electricity revenue of participating customers, and not the general funds of any of the participating cities or counties; and WHEREAS, Community Choice Aggregation programs are mandated under law to provide electricity users in their service territory with a minimum of four opportunities to opt out of service provision by the Aggregator and instead continue to receive service from the incumbent utility; and WHEREAS, Community Choice Aggregation programs are certified by the California Public Utilities Commission and must comply with basic requirements for supply security, thereby ensuring public confidence in the program; and WHEREAS, Pacific Gas & Electricity, the incumbent utility for Marin County, initially supported AB 117, and is required under the provisions of AB 117 to fully cooperate with Community Choice Aggregators, and has a stated commitment to renewable energy, energy efficiency and climate protection; and WHEREAS, Pacific Gas & Electricity has in recent years become an opponent of Community Choice Aggregation, and is the sole major donor to the ballot initiative campaign entitled "New Two-Thirds Vote Requirement for Local Public Electricity Providers"; and WHEREAS, in 2008, the County of Marin and eight of the cities within the County formed a Joint Powers Authority known as the Marin Energy Authority, the mission of which is to address the greenhouse gas reduction targets put forth in Assembly Bill, and committed to a greenhouse gas reduction target of 25% below 1990 levels by the year 2015; and WHEREAS, Marin's Climate Action Plan identifies Community Choice Aggregation as a financing and governance mechanism that offers potentially powerful tools for achieving the County's greenhouse gas reduction target as well as for creating local `green' jobs and increasing energy independence, and recommends further exploration of Community Choice Aggregation; and WHEREAS, on May 28, 2009, a request for title and summary was made to the California Attorney General for an initiative to amend the California Constitution, entitled "New Two-Thirds Vote Requirement for Local Public Electricity Providers," which would be placed on the June 3, 2010 ballot if sufficient signatures are collected, and a copy of which is attached hereto and incorporated by this reference; and WHEREAS, The "New Two-Thirds Vote Requirement for Local Public Electricity Providers" adds unreasonable hurdles for California cities and counties to overcome in order to become aggregate purchasers of electricity; and 2 WHEREAS, The "New Two-Thirds Vote Requirement for Local Public Electricity Providers" would require submitting any Community Choice Aggregation proposal to the voters within the proposed jurisdiction of an aggregator for a two-thirds vote of approval; and WHEREAS, The "New Two-Thirds Vote Requirement for Local Public Electricity Providers" would effectively preclude any entity from becoming an electricity aggregator as well as virtually prohibiting any existing Municipal utility, all of whom operate on non- profit, public interest basis, from entering into any new competitive market in California; and now, therefore, NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Tiburon fully supports maintaining the consumer's right to choose energy from clean, renewable sources as provided for under the Community Choice Aggregation law; and BE IT FURTHER RESOLVED, that the Town Council of the Town of Tiburon strongly opposes "New Two-Thirds Vote Requirement for Local Public Electricity Providers" as being against the interest of California's electricity ratepayers, against the public interest, and a potential setback for renewable energy production; and BE IT FURTHER RESOLVED, that the Town Council of the Town of Tiburon strongly urges other Community Choice Aggregation programs, cities, counties, special districts and Local Agency Formation Commissions to adopt similar resolutions opposing the "New Two-Thirds Vote Requirement for Local Public Electricity Providers"; and PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on this 20th day of January 2010, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: RICHARD COLLINS, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK 3 To: From: Mayor & Members of the Town Council Community Development Department Town Council Meeting January 20, 2010 Agenda Item:, Subject: Approve final adoption of Ordinance No. 517 N. S.: Adoption of an ordinance making miscellaneous amendments to the Town's building regulations set forth in Title IV, Chapter 13 of the Tiburon Municipal Code Reviewed by: BACKGROUND The Town Council passed first reading of this ordinance following a public hearing on January 6, 2010, waiving any further readings. The item now comes to the Town Council for final approval and adoption. This is a consent calendar item. The Council's motion to adopt this item on the consent calendar will constitute a motion to confirm the waiver of second reading from the previous meeting and adopt the ordinance. Each Councilmember's vote on the motion to approve this item on the consent calendar will constitute the equivalent of a roll call vote and will be recorded within the ordinance. Should any Councilmember choose to vote differently on this item than other items (if any) on the consent calendar, then the vote on this item should be taken separately from other items appearing on the Consent Calendar such that individual votes may be properly recorded. RECOMMENDATION Staff recommends that the Town Council approve final adoption of Ordinance No. 517 N. S. EXHIBITS 1. Draft Ordinance No. 517 N. S. Prepared by: Scott Anderson, Director of Community Development ~A S: IAdministrationl Town CouncihStaff Reports12010Van 20 DRAFTSIbuilding code amendments second reading report.doc TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 ORDINANCE NO. 517 N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING VARIOUS PROVISIONS OF TITLE IV, CHAPTER 13 (BUILDING REGULATIONS) OF THE TIBURON MUNICIPAL CODE The Town Council of the Town of Tiburon does ordain as follows: Section 1. Findings. A. On February 6, 2009, the Town Council adopted updated building, fire and other construction-related codes, including but not limited to uniform codes relating to fire, plumbing, electrical, housing, mechanical, dangerous building, and administration. B. The Town Council now finds that certain amendments to these codes as adopted are necessary and desirable to promote the public health, safety and general welfare. C. The Town Council has held a public hearing on January 6, 2010 and has heard and considered any and all public testimony on this matter. D. The Town Council finds that all notices and procedures required by law attendant to the adoption of this Ordinance have been followed. E. The Town Council finds that the adoption of this ordinance is ministerially exempt from the requirements of CEQA and is also exempt under the general rule set forth in Section 15061(b)(3) of the CEQA Guidelines. F. The Town Council has found that the amendments made by this Ordinance are consistent with the goals and policies of the Tiburon General Plan. G. The Town Council finds that all findings set forth or adopted by reference in Town Council Ordinance No. 501 N. S., said findings made pursuant to applicable California Health & Safety Code Sections, including without limitation Sections 17922, 17958.5, 17958.7, and 18941.5, remain applicable to these amendments and are hereby adopted by reference and fully incorporated herein. Town of Tiburon Ordinance No. N.S. Effective 4-42010 Page Section 2. Amendment. A. Tiburon Municipal Code Title IV, Chapter 13, Section 13-4.1.1 is amended in its entirety to read as follows: 13-4.1.1 Amendments made to the 2007 California Building Code. The California Building Code is amended or modified to read as follows: (a) Section 108.5.1 is amended to read as follows: 108.5.1 General. Subject to the provisions of law, including Code of Civil Procedure Section 1822.50 et. seq., officers and agents of the building official may enter and inspect public and private properties to secure compliance with the provisions of this code and the rules and regulations promulgated by the department of housing and community development. For limitations and additional information regarding enforcement, see the following: (The remainder of this section is unchanged) (b) Section 108.8.1 is amended by adding a sentence to the end that reads as follows: Nothing contained in this section shall prevent the town council from appointing the town council as the local appeals board or housing appeals board. (c) Section 202 is amended to add the following definition: Residential Kitchen. An area in which the preparation of food for eating occurs (that has provisions for cooking or heating of food, or washing and storing of dishware and utensils, or refrigeration or storing of food). (d) Section 501.2 is amended to read as follows: 501.2 Address Numbers. 1. The following standards for address markings shall apply to residential buildings: a. All residential structures shall display a street number in a prominent position so that it shall be easily visible from the street. The numerals in these numbers shall be no less than four inches in height, and one-half inch in width, of a color contrasting to the background and located so they may be clearly seen and read. If a building is not easily visible from the street, then the numbers are to be mounted at the access drive leading to the building. Town of Tiburon Ordinance No. N.S. Effective --/--/2010 Page 2 b. At each vehicular access to a multiple family dwelling complex having four or more buildings, there shall be an illuminated diagrammatic representation (plot plan) of the complex, which shows the location of the viewer and the building units within the complex. C. In multiple family dwelling complexes, any building having a separate identifying factor other than the street number shall be clearly identified in the manner described in subsection a. Each individual unit of residence shall have a unit identifying number, letter, or combination thereof displayed upon the door. d. Maps of the multiple family complex will be furnished to the police and fire departments upon completion of construction. The maps shall include building identification and unit identification. e. Buildings shall be numbered in such a manner and sequence as to meet with the approval of the enforcing authority. f. This section shall not prevent supplementary numbering such as reflective numbers on street curbs or decorative numbering, but this shall be considered supplemental only and shall not satisfy the requirements of this section. 2. The following standards for address markings shall apply to commercial buildings: a. The address number of every commercial building shall be located and displayed so that it shall be easily visible from the street. b. The numerals in these numbers shall be no less than six inches in height, one-half inch in width, and of a color contrasting to the background. In addition, any business which affords vehicular access to the rear through any driveway, alleyway, or parking lot shall also display the same numbers on the rear of the building. C. When required by the building official, approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the fire apparatus road at the back of a property or where rear parking lots or alleys provide an acceptable vehicular access. Number height and width shall comply with Section 501.2. (e) Section 903.2, first sentence, is amended to read as follows: 903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this section, provided that where applicable California Fire Code provisions, as adopted by the Tiburon Fire Protection District or the Southern Marin Fire Protection District, are more restrictive, the latter shall control. Town of Tiburon Ordinance No. N.S. Effective 442010 Page (f) Section 10 13.1 is amended by adding the following sentence: Guards are also required at waterfront bulkheads, fixed piers and gangways. (g) Section 1505 is amended to read as follows: The roof covering on any structure regulated by this code shall be as specified in California Building Code Chapter 15 with the following conditions: 1. All new buildings and new additions shall have at least a Class A-listed or noncombustible roof covering. 2. Where alterations or repairs to existing roofs involve more than fifty percent of the total area of an existing building within a one year time period, the entire roof shall be retrofitted with at least a Class A-listed or noncombustible roof. 3. Where applicable code provisions adopted by either the Tiburon Fire Protection District or Southern Marin Fire Protection District are more restrictive, the latter shall control. (h) Section 3109.4 is amended to read as follows: 3109.4 Residential Swimming pools. Residential swimming pools shall comply with Section 3109.4.1 through 3109.4.3. Exception: Spas with a safety cover complying with ASTM F 1346. (1) Section 3109.4.1.8 (2) is deleted. 0) Appendix Chapter 1 (Administration) is amended as follows: (1) Section 101.2 is amended by deleting the Exception, and adding the following sentence to read as follows: This appendix chapter shall apply to all occupancies regulated by this code, and shall be in addition to those requirements specific to state regulated occupancies contained in Chapter 1 of this Code. (2) Section 103 is deleted. (3) Section 104.6 is amended to add the following phrase to the end of the last sentence: including the warrant provisions of Section 1822.50 et. seq. of the Code of Civil Procedure of the State of California." Town of Tiburon Ordinance No. N.S. Effective 442010 Page 4 (4) Section 105.2 is amended to delete subsections 2, 4, 5, 6 and 12, and to revise subsections 1 and 7 to read as follows: 1. One story detached accessory structures used as tool and storage sheds, playhouses, and similar uses, providing the floor area does not exceed 120 square feet and the structure contains no plumbing, electrical or heating appliances. 7. Painting, papering, tiling, carpeting, counter tops and similar finish work, except that repaving and/or re-striping of parking lots shall require a permit. (5) Section 105.5 is amended to read as follows: Section 105.5 Expiration. 1. All permits issued by the Building Official prior to April 15, 1994, and which have not expired by limitation shall remain subject to the provisions of Section 303(d) of the Uniform Building Code (1991 edition) as drafted by the International Conference of Building Officials. For purposes of such permits, failure to exercise due diligence and make substantial progress on the work authorized shall be deemed suspension or abandonment of the permit. 2. All permits issued by the Building Official on or after April 15, 1994, but prior to February 15, 2002, shall expire by limitation and become null and void eighteen months from the date the permit is issued. The Building Official shall have the discretionary authority to extend the permit in the following circumstances: a. Where the project is unusually large or complex additional time may be granted at the time of application, or b. Where the permittee has proceeded with due diligence and made substantial progress but is unable to complete the project because of unforeseen circumstances beyond the control of the permittee, one extension of up to six months may be granted. In determining whether due diligence has been exercised, the Building Official shall consider how soon work began after issuance of the permit, whether work was conducted on a regular basis and any other relevant facts. Decisions of the Building Official made pursuant to this section may be appealed to the local appeals board. C. Once a permit has expired pursuant to this section, the work shall not recommence until a new permit is issued. The new permit shall be issued only if there have been no changes in the original plans and specifications and a new fee equal to the full original fee is paid. Town of Tiburon Ordinance No. N.S. Effective --/--/2010 Page 3. All permits issued by the Building Official on or after February 15, 2002, shall expire by limitation and become null and void eighteen months from the date the permit is issued, except as follows: a. Where the project is unusually large or complex, a twenty-four month permit may be issued in the reasonable discretion of the Building Official at the time of initial application; or b. Where the permittee has proceeded with due diligence and made substantial progress but is unable to complete the project because of unforeseen circumstances beyond the control of the permittee, one extension of up to six months may be granted, without payment of additional fees or penalties. In determining whether due diligence has been exercised, the Building Official shall consider whether work began promptly after permit issuance, whether work was conducted on a regular basis and any other relevant facts. Decisions of the Building Official made pursuant to this paragraph may be appealed to the local appeals board. 4. Once the initial permit and/or approved six month extension has expired, a Stop Work Order shall be issued and work shall not recommence until the permit is reactivated. Reactivation shall be allowed only if there have been no changes in the original plans and specifications and a Reactivation Charge equal to the full original fee is paid. A Reactivation Charge, for purposes of this section, is both a fee to recover the cost of providing additional building inspection division services and a penalty for failure to complete the project within the allotted time. A permit reactivated under this subsection shall be valid for six months from the date of initial expiration. 5. If the project is not completed within the six month extension allowed under subsection (4) above, a Stop Work Order shall be issued on the date of expiration and work shall not recommence until the permit is reactivated. Reactivation of the permit for a second six month period shall be allowed only if there have been no changes in the original plans and specifications and a Reactivation Charge equal to three times the full original fee is paid. The Building Official may, in his sole discretion, reduce the penalty based on such reasons as the project's nearness to completion and/or the cause of the delay. A permit reactivated under this subsection shall be valid for an additional six months from the date of initial expiration. Town of Tiburon Ordinance No. N.S. Effective 442010 Page 6 6. If the project is not completed within the six month extension allowed under subsection (5) above, a Stop Work Order shall be issued and the matter referred to the local appeals board for resolution. The local appeals board may reactivate the permit upon submission and acceptance of a completion schedule for the project and payment of five times the full original fee as a Reactivation Charge, and provided that there have been no changes in the original plans and specifications. The local appeals board may, in its sole discretion, reduce the penalty based on such reasons as the project's nearness to completion and/or the cause of the delay. 7. If the project is not completed within the six month extension allowed under subsection (6) above, or pursuant to this subsection (7), a Stop Work Order shall be issued and the matter referred to the local appeals board for resolution. The local appeals board may impose additional requirements, such as the retention of a qualified contractor for owner/builder projects or retention of a qualified construction manager for a contracted project, in order to promote swift completion. The local appeals board may reactivate the permit upon imposition of any such conditions deemed reasonable, and payment of five times the full original fee as a Reactivation Charge, provided that there have been no changes in the original plans and specifications (6) Section 108.2 is amended to read as follows: 108.2 Schedule of Fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be required as set forth in the Building Division Fee Schedule as adopted by resolution of the Tiburon Town Council and amended from time to time. (7) Section 108.4 is amended to read as follows: 108.4 Work commencing before permit issuance. Any person who commences any work without a permit on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a penalty as set forth in the Town's Schedule of Fines, established by resolution of the Tiburon Town Council and amended from time to time. (8) Section 112.3 is amended by adding thereto the following sentence: Nothing contained in this section shall prevent the town council from appointing the town council as the board of appeals. Town of Tiburon Ordinance No. N.S. Effective --/--/2010 Page 7 (k) Appendix J "GRADING" is amended as follows: J103.3 Grading Permit Fees. Fees shall be as set forth in the Building Division Fee Schedule established by resolution of the Tiburon Town Council as amended from time to time. J 110.3 Mud, Loose Dirt, or Debris on Public Street. No person, firm or corporation who has a valid building, demolition or grading permit shall permit any mud, loose dirt or debris to be removed from the job site and deposited on any public street or sidewalk. 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 any one or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional. Section 4. Publication and Effective Date. A summary of this Ordinance shall by published and a certified copy of the full text of this Ordinance shall be posted in the office of Town Clerk at least five (5) days prior to the Council meeting at which it is adopted. This Ordinance shall be in full force and effect thirty (30) days after the date of adoption, and the summary of this Ordinance shall be published within fifteen (15) days after its adoption, together with the names of the Councilmembers voting for or against same, in a newspaper of general circulation in the Town of Tiburon, County of Marin, State of California. This ordinance was read and introduced at a regular meeting of the Town Council of the Town of Tiburon, held on the January 6, 2010, and was adopted at a regular meeting of the Town Council of the Town of Tiburon, held on January 20, 20109 by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Town of Tiburon Ordinance No. N.S. Effective --/--/2010 Page RICHARD COLLINS, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK S: IAdministrationl Town CouncihStaff'Reportsl2010Uan 20 DRAFMbuilding code amendments adoption ordinance.doc Town of Tiburon Ordinance No. N.S. Effective --/--/2010 Page To: From: Mayor & Members of the Town Council Community Development Department Town Council Meeting January 20, 2010 Agenda Item: CC - Subject: Approve final adoption of Ordinance No. 518 N. S.: Adoption of an ordinance repealing and adopting revised leaf-blower and hedge- trimmer regulations (Title VI, Chapter 30 of the Tiburon Municipal Code) Reviewed by: BACKGROUND The Town Council passed first reading of this ordinance following a public hearing on January 6, 2010, waiving any further readings. Before performing first reading, the Council amended the provisions to include a holiday prohibition on use of hedge-trimmers in residential areas. The chart provided with the ordinance reflects that change as well. The item now comes to the Town Council for final approval and adoption. This is a consent calendar item. The Council's motion to adopt this item on the consent calendar will constitute a motion to confirm the waiver of second reading from the previous meeting and adopt the ordinance. Each Councilmember's vote on the motion to approve this item on the consent calendar will constitute the equivalent of a roll call vote and will be recorded within the ordinance. Should any Councilmember choose to vote differently on this item than other items (if any) on the consent calendar, then the vote on this item should be taken separately from other items appearing on the Consent Calendar such that individual votes may be properly recorded. RECOMMENDATION Staff recommends that the Town Council approve final adoption of Ordinance No. 518 N. S. EXHIBITS 1. Draft Ordinance No. 518 N. S. Prepared by: Scott Anderson, Director of Community Development S: IAdministrationl Town CouncillStaff Reports1201OUan 20 DRAFMleaf blower ordinance second reading report.doc TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 ORDINANCE NO. 518 N. S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REPEALING TITLE VI, CHAPTER 30 (LEAF BLOWERS AND HEDGE TRIMMERS) OF THE TIBURON MUNICIPAL CODE AND ADOPTING A NEW TITLE VI, CHAPTER 30 (LEAF BLOWERS AND HEDGE TRIMMERS) The Town Council of the Town of Tiburon does ordain as follows: SECTION 1. FINDINGS. A. The Town of Tiburon adopted restrictions on the operation of leaf blowers and hedge trimmers in 1995 and now finds that amendments to these restrictions are appropriate and are of such extent that repeal and re-adoption of amended regulations is warranted. B. On January 2010, the Town Council held a duly noticed public hearing, and has heard and considered public testimony on the proposed Ordinance. C. The Town Council finds that all notices and procedures required by law attendant to the adoption of this Ordinance have been followed. D. The Town Council finds that the amendment actions made by this Ordinance are necessary for the protection of the public health, safety, and welfare. E. The Town Council has found that the amendments made by this Ordinance are consistent with the goals and policies of the Tiburon General Plan and other adopted ordinances and regulations of the Town of Tiburon. F. The Town Council finds that this project is categorically exempt from the requirements of the California Environmental Quality Act under the "general rule", pursuant to Section 15061(b)(3) of the CEQA Guidelines and is also exempt pursuant to Section 15305 (Minor Alterations to Land Use Limitations) of the CEQA Guidelines. SECTION 2. REPEAL OF TITLE VI, CHAPTER 30 (LEAF BLOWERS AND HEDGE TRIMMERS). Title VI, Chapter 30 (Leaf Blowers and Hedge Trimmers) of the Tiburon Municipal Code is hereby repealed. SECTION 3. ADOPTION OF TITLE VI, CHAPTER 30 (LEAF BLOWERS AND HEDGE TRIMMERS). Title VI, Chapter 30 (Leaf Blowers and Hedge Trimmers) of the Tiburon Municipal Code is hereby adopted as follows: Town of Tiburon Ordinance No. _ N. S. Effective --1--12010 Title VI, Chapter 30: LEAF BLOWERS AND HEDGE TRIMMERS Sections: 'in-1 T;rle 30-2 Purpose and intent. 30-3 Definitions. 30-4 Use Restricted. 30-5 Enforcement and violations. 30-1 Title. This chapter shall be known as the "Town of Tiburon Leaf Blower and Hedge Trimmer Ordinance" and may be so cited. 30-2 Purpose and intent. (a) The purpose of this chapter is to regulate the use of leaf blowers and non-manually powered hedge trimmers within the town, so as to prevent the unreasonable and continuous disruption of the community due to associated mechanical noise and the propensity of the devices to broadcast dust and other airborne pollutants into the air and onto nearby properties. (b) Residential areas are being distinguished from other areas of the town because of the special maintenance needs for commercial and other public areas, and the particular sensitivity of residential uses to the impacts and effects resulting from the use of leaf blowers and non-manually powered hedge trimmers. 30-3 Definitions. For the purposes of this chapter, the terms in this section shall have the following meaning: "Electrically-powered hedge trimmer" means any hedge trimmer powered by electric means, including but not limited to cordless rechargeable hedge trimmers. "Electrically-powered leaf blower means any leaf blower, leaf vacuum or other leaf gathering device powered by electric means, including but not limited to cordless rechargeable leaf blowers. "Gas-powered hedge trimmer" means any hedge trimmer directly powered by an internal combustion or rotary engine using gasoline, alcohol or other liquid or gaseous fuel. Electrically- powered hedge trimmers are not included in this definition. "Gas-powered leaf blower" means any leaf blower, leaf vacuum or other leaf-gathering device directly powered by an internal combustion or rotary engine using gasoline, alcohol or other liquid or gaseous fuel. Lawn mowers, lawn edgers, and electrically-powered leaf blowers are not included in this definition. "Non-residential area" means any area other than a "residential area", as defined herein. "Residential area" means any parcel of land where the primary use of the property is for residential purposes (such as a single-family residence, duplex, apartment building or other form of residential structure). Street areas, up to the center line of the street, directly in front of Town of Tiburon Ordinance No. _ N. S. Effective 4--12010 2 properties used for residential purposes are also considered residential areas for the purposes of this chapter. No parcel with a mixture of residential and commercial uses shall be considered as a residential area for purposes of this chapter. 30-4 Use Restricted. (a) In any Residential Area: (1) It is unlawful for any property owner or employee, agent or contractor working for a property owner to operate or authorize the operation of any: a. Gas-powered leaf blower to blow leaves, dirt or other debris off sidewalks, driveways, lawns or other surfaces at any time within any residential area. b. Gas-powered leaf blower to collect leaves, dirt or other debris from sidewalks, driveways, lawns or other surfaces at any time within any residential area. (2) It is unlawful for any property owner or employee, agent or contractor working for a property owner to operate or authorize the operation of any gas-powered hedge trimmer to trim, prune or otherwise maintain landscaping at any time within any residential area. (3) It is unlawful for any property owner or employee, agent or contractor working for a property owner to operate or authorize the operation of any electrically-powered leaf blower or any electrically-powered hedge trimmer within any residential area except between the hours of nine a.m. and four p.m. No use of these devices is allowed on the following holidays: New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. (b) In any Non-Residential Area: (1) It is unlawful for any property owner or employee, agent or contractor working for a property owner to operate or authorize the operation of any leaf blower within any non-residential area except between the hours of nine a.m. and four p.m. No use of any leaf blower shall be allowed on any Saturday, on any Sunday or on any of the following holidays: New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. (2) It is unlawful for any property owner or employee, agent or contractor working for a property owner to operate or authorize the operation of any electrically-powered hedge trimmer within any non-residential area except between the hours of nine a.m. and four p.m. No use of electrically-powered hedge trimmers in any non- residential area shall be allowed on any Saturday, on any Sunday or on any of the Town of Tiburon Ordinance No. _ N. S. Effective 4--12010 3 following holidays: New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. 30-5 Exemptions. Use of leaf blowers and/or hedge trimmers by public agency employees for emergencies or for park or public right-of-way maintenance is exempted from regulations of this chapter. 30-6 Enforcement and violations. (a) Violations of this chapter will be subject to an administrative enforcement process under title VI, chapter 31 of this code that may include a citation assessing a monetary fine not to exceed two hundred fifty dollars and/or a verbal or written cease and desist warning from town officials. The town council may adjust the monetary fine amount for violations from time to time by resolution. (b) Any property owner or employee, agent or contractor working for a property owner who violates this chapter may also be considered guilty of an infraction, and each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. Such infraction shall be punishable by a monetary fine not to exceed two hundred fifty dollars. The town council may adjust the monetary fine amount for violations from time to time by resolution. SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town Council declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more section, sentences, clauses or phrases be declared invalid. SECTION 5. PUBLICATION AND 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 passage by the Town Council, 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 in the Town of Tiburon. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on January 6, 2010, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on January 20, 2010, by the following vote: AYES: COUNCILMEMBERS : NOES: COUNCILMEMBERS: Town of Tiburon Ordinance No. N. S. Effective --1--12010 4 ABSENT: COUNCILMEMBERS: RICHARD COLLINS, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK S: W dministrationl Town Council lStaff Reports 120101 Jan 20 DRAFTYleaf blower ordinance for adoption.doc Town of Tiburon Ordinance No. _ N. S. Effective --1--12010 TOWN OF TIBURON LEAF BLOWER AND HEDGE TRIMMER SUMMARY OF REGULATIONS Type of Device In a Residential Area In a Non-residential Area Gas-Powered Leaf Blowers Use prohibited at all times Use allowed only between 9 a.m. and 4 p.m. Monday through Friday; use prohibited on Holidays* Electrically-Powered Leaf Blowers Use allowed only between 9 Use allowed only between a.m. and 4 p.m. on any day; 9 a.m. and 4 p.m. Monday use prohibited on Holidays* through Friday; use prohibited on Holidays* Gas-Powered Hedge Trimmers Use prohibited at all times Use allowed only between 9 a.m. and 4 p.m. Monday through Friday; use prohibited on Hohdays* Electrically-Powered Hedge Trimmers Use allowed only between 9 Use allowed only between a.m. and 4 p.m. on any day; 9 a.m. and 4 p.m. Monday use prohibited on Holidays* through Friday; use prohibited on Holidays* * Holidays are New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. SA\Administration\Town Council\Staff Reports\2010Van 20 DRAFTS\leaf blower use chart.doc TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Office of the Town Attorney Town Council Meeting January 20, 2010 Agenda Item: 6 a.- 8 Recommendation to Approve Response to Grand Jury Report Marin Clean Energy Program On December 2, 2009, the Marin County Civil Grand Jury issued a report entitled "Mann Clean Energy: Pull the Plug." The report describes the formation of the Marin Energy Authority ("MEA") and its proposed renewable energy program, Marin Clean Energy ("MCE"). The report concludes that the risks on this program are too great and the benefits likely minimal. Accordingly, the Grand Jury recommends that the member agencies of the Marin Energy Authority abandon MCE and attempt to reach their environmental goals by other means. ANALYSIS The Report concludes with fourteen findings and four recommendations. The Grand Jury has requested that the MEA's city and town members each respond to all of the findings and Recommendations 1 through 3. Under State law,' the Town Council must review and approve the responses, which are due to back to the Grand Jury on or before March 2, 2010. 1. Grand Jury Findings. Under § 933.05 of the Penal Code, the Town is required to either state that it (a) agrees with the finding; or (b) disagrees wholly or partially with the finding. In the latter case, we must include an explanation of the portion of the finding that is disputed and include an explanation of the reasons therefore. The draft letter, attached as Exhibit A, sets forth the Town's proposed responses to each finding. The Town agrees with many of the findings, at least insofar as they pertain to the Town and/or come within staff's knowledge. However, the Town believes that the Report greatly under- estimates the potential benefits of the MCE program and does not fully value the hard work that member agencies' officials and staff have invested to insulate their agencies and constituents from undue risk. Moreover, the report evinces an underlying doubt regarding the ability of Board members, who are elected officials of member agencies, to adequately manage the MCE enterprises. This suggests that the Grand Jury did not consider that those elected official already I See Cal. Penal Code § 933. '..o?vvi1 C,ot.tI-Ici f£'11'.tI g bear significant responsibility for complex programs not only in their own jurisdictions, but in the region and throughout the State. 2. Grand Jury Recommendations. In responding to the Grand Jury's Recommendations, Penal Code § 933.05 requires the Town to report one of the following actions: (a) The recommendation has been implemented, with a summary regarding the implemented action. (b) The recommendation has not been implemented, but will be implemented in the future, with a timetable for implementation. (c) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the Grand Jury Report. (d) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefore. The Grand Jury's first recommendation is that the Town and other agencies abandon the MCE program. Staff believes that the Town should reject this recommendation as it is contrary to the Town Council's policy decision, made after multiple publicly noticed hearing and careful consideration of the potential risks and benefits of the program. The Grand Jury also recommends that the member agencies cease their "adversarial posturing" and work cooperatively with PG&E and other entities to develop and implement other means of meeting environmental goals. This is the most puzzling portion of the report. Staff is not aware of any actions or statements by officials, employees or agents of the MEA members. On the contrary, the sole hint of such conduct witnessed by staff occurred at the Town Council's meeting of October 21, 2009, when a PG&E representative threatened a lawsuit to stop the MCE program and said that PG&E would make sure to undercut MCE's prices. Again, staff recommends that the Town reject Recommendation 2 as unreasonable and unwarranted. The third recommendation in the report is that participating agencies hold publicly noticed meetings to review all information regarding the MCE program before committing their jurisdiction to remain in the MEA. The Town has already implemented this recommendation; the Council has held multiple publicly noticed hearings regarding the MEA in general and the MCE program in particular. The Council has taken each decision pertaining to these issues at such meetings. The Grand Jury did not ask the Town to respond to any other recommendations. R.uu, 2. Of no. RECOMMENDATION Staff recommends that the Town Council: Move to approve the Town of Tiburon's proposed response to the Marin Civil Grand Jury's Report of December 2, 2009 entitled on Marin Clean Energy. EXHIBITS Proposed Response to Grand Jury Report Grand Jury Report of December 2, 2009 Prepared By: Ann R. Danforth, Town Attorney Office of the Town Manager (415) 435-7383 January 21, 2010 The Honorable Verna Adams Marin County Superior Court Post Office Box 4988 San Rafael, CA 94913-4988 Ms. Judith H. Chapman, Foreperson Marin County Grand Jury 3501 Civic Center Drive, Room 275 San Rafael, CA 94903 Re: Response to Grand Jury Report December 2, 2009 Marin Clean Energy Program Dear Honorable Judge Adams and Ms. Chapman: This letter explains in detail the Town of Tiburon's response to the Grand Jury Report dated December 2, 2009. The Report directs the Town to respond to all findings and Recommendation Nos. 1, 2 and 3. These findings and recommendations involve a number of agencies other than the Town. The Town does not have sufficient information to evaluate the Report's accuracy with respect to these other jurisdictions. The Findings also involve conclusions of fact that the Town has little or no independent basis to evaluate. In responding to these findings, the Town generally assumes that the information in the Report is correct and relies on that information. Lastly, the Recommendations require action by agencies and individuals that are outside the Town's control. Accordingly, this letter is intended only to apply to the Report's recommendations insofar as they pertain to the Town. FINDINGS Finding 1: The formation of the Marin Clean Energy Community Choice Aggregation creates a new level of government while the county and local communities are experiencing reductions in basic municipal services. • Partially Disagree. Marin Clean Energy is a separate legal entity with a specific focus and purpose, not a "new level of government." Local governments through California are struggling to balance their budgets, which can adversely impact services. One of the primary focuses of Marin Clean Energy is compliance with Assembly Bill 32 and the state mandated greenhouse gas reduction targets. Absent Marin Clean Energy, each municipality would be required to comply with the emissions Response to Grand Jury January 21, 2010 Page 2 of 7 reduction targets individually - despite reductions in basic municipal services. Individual compliance could be more costly. Finding 2: The Marin Energy Authority is not required to submit the Marin Clean Energy program to a vote of the public; although legal, this process runs contrary to transparent governance and consumer protection standards. • Disagree. Marin Energy Authority is a public agency and subject to the same open government laws its members, including, without limitation, the Brown Act, the Public Records Act, Fair Political Practices Commission, Political Reform Act. MEA is one of a number of joint powers authorities formed by Marin County public agencies to address regional issues of common concern, such as the Marin General Services Agency, the Transportation Authority of Marin, the Marin Emergency Radio Agency, the Marin Telecommunications Agency. These entities facilitate the efficient use of public resources and are fully consistent with transparent governance and consumer protection standards. Finding 3: Unless a participating city, town or the County of Marin votes to withdraw from the Marin Energy Authority, residential and business customers will be transferred to the Marin Clean Energy program. • Agree, although as the report recognizes, all customers have the opportunity to remain with PG&E. Finding 4: The opt-out option means that all consumers in the participating jurisdictions will automatically become subscribers to the new Marin Clean Energy program, unless they decide to take affirmative action not to participate. • Agree. Finding 5: Neither the Board of Supervisors nor the Marin Energy Authority has fully explored or tried to negotiate partnerships offered by PG&E. • Disagree. The Board and MEA staff repeatedly met with PG&E representatives to explore and attempt to negotiate various programs and services to meet the emission reduction goals. However, PG&E refused to partner with the County and other jurisdictions unless they abandoned the Marin Clean Energy program Request for Proposal process. PG&E opted not to participate in the competitive bidding process. Response to Grand Jury January 21, 2010 Page 3 of 7 Finding 6: The 2008 Community Choice Aggregation Business Plan is outdated and lacks sufficient detail, including current pro-forma data, updated market analysis, load projections, customer exit fees and the specified quantitative risk analysis. • Disagree. The Business Plan and other associated documents (available for public review on the Marin Energy Authority website) are extremely detailed, prepared by industry experts in concert with local officials, member agencies, and the public. The documents have been through various levels of independent peer review and have been available for public review on the Marin Energy Authority website. In particular, an extremely detailed CCA program implementation plan was adopted by the MEA board on December 3, 2009, and submitted to the California Public Utilities Commission on December 4. Finding 7: The construction of owned facilities is a requirement for the success of the Marin Clean Energy program. Due to community resistance and planning constraints, it is highly unlikely that the Marin Energy Authority will succeed with local construction of sufficient large-scale renewable energy sources within Marin County. • Disagree. Nothing in the MCE Business Plan requires the construction of owned assets. The construction of owned assets would have certain advantages, but the program could be successful without it. Moreover, there is no basis for the report's conclusion that MEA could probably not meet its generation goals without large-scale projects. MEA staff believes that distributed generation has great potential in Marin and is growing in popularity. Finding 8: Neighboring communities have successfully implemented a wide variety of efforts to target energy efficiency and greenhouse gas reduction within their communities through partnerships with local agencies, foundations and PG&E. • Agree. Neighboring jurisdictions have been successful at these programs and these programs are likely to be successful in Marin as well. However, pursuant to the projections, Marin Clean Energy is likely to result in greenhouse gas reductions at 50 times greater impact than all of the other programs combined in Marin. The Town of Tiburon will continue to explore other measures to reduce energy use and harmful emissions and we expect that the Marin Energy Authority and other public agencies in Response to Grand Jury January 21, 2010 Page 4of7 the County will do so as well. However, unlike MCE, most such measures require General Fund contributions; such funds are likely to be in short supply for the foreseeable future, as the Report implicitly acknowledges in Finding No. 1. Finding 9: The degree of commitment to Marin Clean Energy has distracted local agencies from the pursuit of the wide range of other options available to reduce greenhouse gas emissions. • Disagree. In fact, early in the process of forming the Marin Energy Authority, the Town and other participants decided to expand the scope of the proposed JPA to include other measures to reduce greenhouse gas emissions. For its part, the Town adopted ordinance imposing green building requirements and has actively participated in the BERST Task Force. F 10: The risks of this venture are far too great to ignore in spite of repeated assurances from the Marin Energy Authority. Multiple reviews have identified significant ratepayer risks. • Partially Disagree. Any new enterprise entails risks that must be identified, mitigated, eliminated, or accepted. The Marin Energy Authority and its members have identified and worked to mitigate all major ratepayer risks and all risks to member agencies. The last significant concern is that, if PG&E's rates decrease after the MEA enters a contract with its provider, ratepayers may choose to transfer back to PG&E for cheaper, albeit less green, energy. However, member agencies are aware of this risk and MEA has mitigated its exposure through contractual obligations and assurances. Nonetheless, if a ratepayer faces this risk, they retain the option to opt out of the Marin Clean Energy program and return to PG&E. After the initial opt-out period, they may have to pay a nominal exit fee similar to that charged by PG&E under similar circumstances. F 11: The service contract recently approved by the Marin Energy Authority Board is incomplete and only covers Phase I and excludes pricing. • Disagree. The parties have agreed on a pricing formula for both Phase I and Phase II. In the worst case, if prices are not equal to or below PG&E's rates, there will be no contract. Pricing is something based on the market, much like locking in an interest rate for a mortgage, and will be Response to Grand Jury January 21, 2010 Page 5 of 7 finalized prior to contract execution in the Spring of 2010 for Phase I and 2011 for Phase II. The defaulting requirement remains that the Marin Energy Authority will only execute a contract if the cost to the ratepayer is "at or below PG&E's projected costs" for the light green option. Finding 12: The actual rates Marin Clean Energy will charge the majority of its customers, most of whom are residential, may not be known until late 2011 or early 2012. • Agree. As expressed in F11, Phase II, which may be the bulk of the residential customers, will not have finalized rates until 2011. Finding 13: The Grand Jury finds that most monies spent to date have been for professional services of attorneys, consultants and outside peer reviews. The Grand Jury believes that these expenses are indicative of the highly complex nature of this undertaking. • Agree. The Town believes that these monies have been well-spent to evaluate the potential risks and benefits of the program. Finding 14: Placing this complex, expensive and volatile business venture in the hands of rotating city/county elected officials charged with other obligations, presents the Marin taxpayers with an unacceptable risk. • Disagree. Taxpayers' sole risk in the MCE program are the County's $540,000 load and any other loans or guarantees provided by Marin public agencies. The Town has not provided any loans or loan guarantees. Elected representatives manage policy on a wide range of complex, expensive, and volatile issues in their own respective jurisdictions, including land use, public works projects, transportation projects, commercial development ventures, affordable housing, community service programs, public safety services, and energy programs. In addition, Marin's elected officials share a long history of working cooperatively on complex County-wide programs. To be sure, the elected officials generally rely heavily on experienced professional staff to provide analysis and advice. This will be the case for the MCA program as well. The Grand Jury has not asked the Town to respond to any other findings. Response to Grand Jury January-2 1, 2010 Page 6of7 RECOMMENDATIONS Recommendation 1: That the Marin Clean Energy program be abandoned. • The Town of Tiburon will not implement this recommendation because it is unwarranted and unreasonable. The Town has no authority to "abandon" the MCE program. As a member of the Marin Energy Authority, the Town had the option to withdraw, but elected not to exercise that option. At a noticed public hearing regarding the potential to withdraw, the members of the Town Council unanimously expressed their view that the MCE was a low-risk, low-cost means of reducing greenhouse gases. Recommendation 2: That the county and all participating municipalities of Marin Energy Authority should step away from their adversarial public posturing and seriously work with foundations, federal, state and local agencies and PG&E to foster cooperation. Moreover, rather than create a costly and very risky new county bureaucracy, efforts and resources should go forward to form public/private partnerships that will enable the county and all of the cities to achieve their present and future environmental goals. • The Town of Tiburon will not implement this recommendation because it is unwarranted and unreasonable. The Town has not engaged in "adversarial posturing with any of the named entities, including PG&E. That said, the Town remains ready to explore other cooperative approaches to achieve environmental goals. R3: That in the event the Marin Clean Energy program is not abandoned, the Board of Supervisors and all participating municipalities review all available documentations and demonstrate their confidence, understanding and commitment to this project by voting at a publicly noticed meeting prior to committing their respective jurisdictions to final membership. • The Town of Tiburon has already implemented this recommendation. The Town Council has held multiple public meetings on the issues, concluding with the meeting on January 4, 2010. All of these meetings were publicly noticed. The Grand Jury has not asked the Town to respond to any other recommendations. Response to Grand Jury January 21, 2010 Page 7 of 7 The Tiburon Town Council reviewed and approved this response on January 20, 2010 at a duly noticed and agendized public meeting. If you have further questions on this matter, please do not hesitate to call. Very truly yours, MARGARET A. CURRAN Town Manager cc: Town Council Town Attorney Town Director of Community Development To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Office of the Town Clerk Town Council Meeting January 20, 2010 Agenda Item: CC - Subject: Proclamation in honor of the League of Women Voter's 90th Anniversary -k I Reviewed By: BACKGROUND The League of Women Voters of Marin County is celebrating the 90th Anniversary of the League of Women Voters on February 14, 2010. The President of the Marin Chapter, Margy Eller, contacted the Town Manager and asked her to bring forward a proclamation in honor of the occasion. The proclamation pays tribute to the League of Marin County for all they do to keep our communities informed, active and strong. A celebration in honor of the 90th anniversary will take place on February 11 th from 5 to 7 pm at the Cape Marin Club house at Laderman Lane and Barry Way in Greenbrae. The Mayor and council members are cordially invited to attend, and the proclamation, if adopted, will be presented at that time. RECOMMENDATION Staff recommends that the Town Council consider adoption of the attached proclamation in hone of the League of Women Voters 90th Anniversary. Exhibits: Draft Proclamation Prepared By: Diane Crane Iacopi, Town Clerk TOWN OF TIBURON PAGE 1 OF 1 TOWN OF TIBURON PROCLAMATION IN RECOGNITION OF THE 90TH Anniversary of the League of Women Voters WHEREAS, the League of Women Voters of Marin County has long been a leader in promoting good government in Marin; and. WHEREAS, the League of Women Voters is a non-partisan political organization that has fought since 1920 to improve our system of government and impact public policies through citizen education and advocacy; and WHEREAS, the League of Women Voters of Marin County believes in representative government and in the individual liberties established in the Constitution of the United States; and WHEREAS, the League of Women Voters of Marin County has always worked to promote the values and processes of representative government; and WHEREAS, the Marin League collaborates with other organizations to achieve mutual goals, increase public participation, create lasting change in the community and the Make Democracy Work; and WHEREAS, the League, for 90 years has held the public trust by respectfully bringing elected leaders and public together through non-partisan, civil means and through thoughtfully advancing solutions; and WHEREAS, Marin County has benefitted tremendously from the countless volunteer hours donated by League members over its 90 year history of enhancing our democracy; and NOW, THEREFORE, the Town Council of the Town of Tiburon, Marin, California, does hereby proclaim the 14th day of February, 2010 as the "LWV Making Democracy Work" Day in honor of the League of Women Voters 90th Anniversary, and urge all residents of Tiburon and Marin County to pay great tribute and respect to the League of Women Voters for all they do to make our community healthy, vibrant and strong. PASSED AND ADOPTED at a regular meeting of the Tiburon Town Council held this 20th day of January, 2010. RICHARD COLLINS, MAYOR TOWN OF TIBURON To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Office of the Town Clerk Town Council Meeting January 20, 2010 Agenda Item: Subject: Appointments to fill vacancies on Town Boards, Commissions & Committees (Planning Commission Vacancies) Reviewed By: 6644' BACKGROUND Two vacancies were created on the Planning Commission after the election of Jim Fraser and Emmett O'Donnell to the Town Council on November 3, 2009. The Town Clerk published a notice of these vacancies in December, 2009. At the January 6, 2010 meeting, the Mayor announced all the vacancies on Town boards, commissions and committees in the coming year, which include pending vacancies on the Heritage & Arts Commission, the Library Agency Board, and POST commission, in addition to the current Planning Commission vacancies. Three (3) applications have been received to date for the two (2) Planning Commission vacancies. Interviews have been scheduled for the January 20, 2010 meeting. RECOMMENDATION Staff recommends that the Council interview the applicants and consider appointment to fill the vacancies, or direct staff to continue the item pending further interviews. Exhibits: Notice of Planning Commission Vacancy (December 2009) Applications of Frank Doyle, Erin Tollini, and Lou Weller Prepared By: Diane Crane Iacopi, Town Clerk TOWN OF TIBURON NOTICE OF PENDING VACANCIES ,-,_-____i____ ^nnn LiCUU lULA GVV7 PLANNING COMMISSION Statutory Authority: California Government Code Section 65101. Tiburon Municipal Code Title I, Chapter 2, Article III. Tiburon Municipal Code Title IV, Chapter 16, Article IlI, Section 16-3.4. Purpose: The Planning Commission serves as the Planning Agency for the Town of Tiburon and reviews and acts on applications for conditional use permit, condominium use permit, minor subdivision, and certain other applications. Decisions of the Commission are final on these applications unless the decision is appealed to the Town Council. The Planning Commission also makes recommendations to the Town Council regarding applications for general plan amendment, rezoning, pre-zoning, zoning text amendment, Precise Development Plan and amendment thereto, major subdivision, and master plan amendment. The Planning Commission is also responsible for maintaining a viable Tiburon General Plan, which involves the formulation of a broad range of land use, housing, transportation, open space, conservation, safety, noise, and recreation policies; interpreting the meaning of the Tiburon General Plan and the Tiburon Zoning Ordinance when the meaning thereof is not clear; requesting opinions of the Town Attorney when deemed necessary; supervising the administration of the Tiburon Zoning Ordinance; and making recommendations to the Town Council as requested and as may be provided by law. Qualifications: Applicants must reside within the corporate boundary of the Town of Tiburon and have the interest, dedication and time commitment to promote the general welfare of the community through proper application, interpretation, and implementation of the Tiburon General Plan and Tiburon Zoning Ordinance. Term: Four (4) years. The appointments to fill these vacancies would be for the remainder of the term only; the appointees would need to reapply at the expiration of the term. The pending vacancies on the Planning Commission have occurred as follows: Appointee Date Appointed Date Resigned Term Expires 1) Jim Fraser February 2004; December 4, 2009* February 2010 February 2006 2) Emmett O'Donnell March 2006; December 4, 2009* February 2011 March 2007 *Pending certification of the November 3, 2009 Municipal Election, Mssrs. Fraser & O'Donnell will be sworn in as members of the Tiburon Town Council on December 2, 2009 and will take office on December 4, 2009. Deadline for Receipt of Applications is December 15, 2009 (Interviews will be scheduled in January 2010: position open until filled) Interested residents can call 435-7377 for an application. Submit your application and letter of interest to: Town Clerk, c/o 1505 Tiburon Boulevard, Tiburon CA 94920. Applications can also be found on the Town's website, www.ci.tiburon.ca.us (link to "Useful Forms"). --Notice to be published in The Ark on November I1 & 18; December 2 & 9, 2009 --Posted at Tiburon Town Hall and the Belvedere-Tiburon Public Library TOWN OIF TtBURON COMMISSION, BOARD & COMMITTEE i } APPLICATION The Town Council considers appointments to various Town commissions boards and committees throughout the year due to term expirations and unforeseen,, vacancies. In an effort to broaden participation by local residents in Tibi`:`- WES- governmental process and activities, the Council needs to know your intees in serving the Town in some capacity. F Please indicate your specific areas of interest and special skills or experien+e which would be beneficial to the Town, by completing. both sides of this formm ra ~d returning it to Town Hall. The application form can also be found on the Town's r. website, www. d t buron. ca. us. N Copies of the application will be forwarded to the Town Council ana+i =an informal interview will be scheduled when a vacancy occurs. Your applicati6n'wd1 remain on file at Town Hall for a period of one (1) year. 4h: j Thank you for your willingness to serve the Tiburon community. EC E I V E Diane Crane Iaco r i Nov 2 4 2009 Town ClerkY TOWN CLERK AREAS OF INTEREST 4] Dl........ T~.iS..s.. X7-- . 1-% _oT-A.--__a s_ ILr------' aa.a.: aua.aa.aw i vs.a ei cataJ va il.Fiii cn7au 1\YllGllVAI Vl {iGl (#1 Being the Greatest Interest) PLANNING PARKS, OPEN SPACE & T F k.: DESIGN REVIEW _JT. RECREATION COMMITTEE -HERITAGE & ARTS -DISASTER PREPAREDNESS LIBRARY MARIN COMUMSSION ON AGING:' 1 PERSONAL DATA (PLEASE PRINT OR TYPE - A RESUME MAY BE ATTACHED AS WELL) NAME : Emp^lyll X- t)( A Le MAILING ADDRESS: 86 P-00 p t> 41 LL I-.oyf o Tl r6o "p. cp 6rqq Zd TELEPHONE: Home: 615,66 ~ Work: R 3 5188 Fax No. PROPERTY OWNERS' ASSOC. (If applicable) TIBURON RESIDENT: (Years) f 4 DATE SUBMITTED: Liu O" REASONS FOR SELECTING YOUR AREAS OF INTEREST J R c ll/W _ n NT ►'Y1h 92 ~ P~2.D~'~ t,41..~ T 1~ ~~r~C D ~S I'~(~ A~~ s- -i' E "'1"1-~~ P d, ~ i✓- L 0 M (a c -lam (F? tJ 02 VA ~k D yk -r vtc- ~yTv a e APPLICABLE UALIFICATIOLVS A10 EXPERIENCE ~U~ 111J E~`~ o Lu P J~~ F0 0 ~j 11 L L- C216 yj 1~) DA4a`-L-_~ M~m P.) ETL, C RAT r2- 1'k '-boat) 0 Pz~tj i- 1 e ~M tIJ L~ Tv T Ot t (Loy-) 'FvyZ-,,(o ~ F x-82-5 46 ALy T = ! - --------------Town Hall Use Date Application Received: O Interview Date: Appointed to: (Date) Date Term Expires: am NOV 2 Al ~i Length of Term: COAAA16WCQ A TOWN CLERK ZDWN OFZIBURON 2 DEC 1 C 2000 TOWN CLERK TOWN OF TIBURON Instructions and Application to Serve on a Town Board, Commission or Committee The Town Council considers appointments to various Town boards, commissions and committees throughout the year due to term expirations and unforeseen vacancies. In an effort to broaden participation by local residents in Tiburon's governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing both pages of this form and returning it to Town Hall, 1505 Tiburon Blvd, Tiburon CA 94920, or fax it to (415)435-2438. Copies of the application will be forwarded to the Town Council and an informal interview will be scheduled when a vacancy occurs. Your application will remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Diane Crane Iacopi Town Clerk AREAS OF INTEREST Please Indicate Your Area(s) of Interest in Numerical Order (#I Being the Greatest Interest) 1 PLANNING # PARKS & OPEN SPACE # DESIGN REVIEW # RECREATION # HERITAGE & ARTS # DISASTER PREPAREDNESS # LIBRARY # MARIN COMMISSION ON AGING # BICYCLE/PEDESTRIAN ADVISORY COMMITTEE PERSONAL DATA Only computer-generated or typewritten copy will be accepted; Attach separate pages, including resumes and cover letters, if necessary. NAME: Toilini MAILING ADDRESS: 22 Racoon Lane, Tiburon, CA 94920 TELEPHONE: Home: b4b--J4~)LLlb Work: same Fax No. N/A PROPERTY OWNERS" ASSOC. (If applicable) Lytord Love Neighborhood Associatio TIBURON RESIDENT: (Years) z DATE SUBMITTED: 12/16/09 REASONS FOR SELECTING YOUR AREAS OF INTEREST Tiburon was my first choice of towns when relocating to the Bay Area for its charm and small-town appeal. I would like to be involved in protecting that appeal while promoting sensible progression for residents and businesses. APPLICABLE QUALIFICATIONS AND EXPERIENCE With over five years experience as a corporate attorney at a large, Wall Street firm, I am adept at comprehending and applying complex codes and regulations in a variety of contexts. My practice also required extensive negotiation and conflict resolution. I believe these skills would serve me well as a planning commissioner. ' For a little over a year, I have been a member of the Belvedere/Tiburon Joint Recreation Committee, which has provided first-hand experience to some of the challenges faced by Tiburon. My service on the board has inspired me to get more involved with the Town and, specifically, the planning commission. Town Hall Use Date Application Received: / Interview Date: Appointed to: (Commission, Board or Committee) (Date) Date Term Expires: Length of Term: V p ~ 9009 T,DWN CLL::Rfi 2 erDWN OFZ.IBURON ERIN (RILEY) T'OLLINI 22 Racoon Lane Tiburon, California 94920 (646) 345-2216 erin2000@hotmail.com EXPERIENCE Cahill Gordon & Reindel LLP Associate New York, New York September 2002 - February 2008 • Drafted various documents on behalf of investment banks and company clients for public and Rule 144A/Reg S transactions, including initial public offerings, secondary offerings, investment grade, convertible and high yield debt offerings, project finance, exchange offers and tender offers and consent solicitations. • Drafted and negotiated commitment letters, engagement letters, fee letters and documents in connection with secured and unsecured syndicated bank and bridge loan facilities. • Interacted on a daily basis with company management, investment bankers, public accountants and SEC officials. • Independently conducted and coordinated legal due diligence on-site throughout the U.S. Supervised due diligence and transaction teams of up to five associates. • Active role in recruiting. EDUCATION Fordham University School of Law New York, New York J. D. May 2002 • Grade Point Average: 3.25/4.00 • Approximate top 30% of class Honors: Member of Fordham Journal of Corporate and Financial Law Quarterfinalist in William H. Mulligan Moot Court competition Council representative of Student Bar Association Murray State University Murray, Kentucky B.A., summa cum laude May 1994 • Major: Organizational Communications • Minor: Spanish • Grade Point Average: 3.82/4.00 Honors: Dean's List each semester Member of Gamma Beta Phi, a National Service Oriented Academic Society ADMISSIONS Admitted to practice in California and New York ACTIVITIES AND INTERESTS - Current Member of the Belvedere/Tiburon Joint Recreation Committee - Writing, Running, Snowboarding, Traveling, Sailing and Reading 0 E C E I V E JAN 12 2010 D TOWN OF TIBURON TOWN CLERK TOWN OF TIBURON COMMISSION BOARD & COMMITTEE APPLICATION The Town Council considers appointments to various Town commissions., boards and committees throughout the year due to term expirations and unforeseen vacancies. In an effort to broaden participation by local residents in Tiburon=s governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing both sides of this form and returning it to Town Fall. The application form can also be found on the Town's website, wwu}.6.6buron.ca.us. Copies of the application will be forwarded to the Town Council and an informal interview will be scheduled when a v=acancy occurs. Your application will remain on file at 'T'own Hall for a period of one (I) dear. Thank you for your willingness to serve the Tiburon community. Diane Crane Iacopi Town Clerk. * * * * * * * * * * * * * * * * * * * ***4,********* AREAS OF INTEREST Please Indicate Your Area(s) of (Merest in Numerical Order (#I Being the Greatest Interest) PLANNING PARKS, OPEN SPACE & TRAILS DESIGN REVIEW JT. RECREATION COMMITTEE HERITAGE & .ARTS DISASTER PREPAREDNESS LIBRARY MA:R.IN COA1MTSSION ON AGING 1 h,N" a~e~ .PERSONAL DA Al A Only computer-generated or type~witten copy will be accepted; Attach separate pages, including resumes and confer letters, if nece• nary, NAME: Louis Feller Street & ° .ailing ADDRESS: 291 Blackfield Drive Tiburon, 94920 e-mail = lwelier wdeloitte.com TELEPHONE: Home: 415.435.17'72 Work: 415.783.4459 Fax No. 41.5.783.9029 PROPERTY OWNERS= ASSOC. (if applicable) TIBUTRON RESIDENT: (Years)-20 DATE SUBMITTED:. January 12, 2010 REASONS FOR SELECTfN G YOUR AREAS OF INTEREST [ATTACH ADDITIONAL PAGES, IF NECESSARY] Have been wanting to participate in coM.munity public service this position would best utilize m extensive real estate law and transaction stnicturinE experience APPLICABLE QUALIFICATIONS AND EXPERIENCE [ATTACK ADDITIONAL PAGES, IF NECESSARY' See attached CST Town Hall Use M------------------..___------- /_20-(0 Date Application Received: / / "o Interview Date: Appointed to: (Commission, Beard. or Committee) Date Term Expires: (Date) Length of Term: 2 LOUIS S. WELLER Telephone: (415) 783-4459 291 Blackfield Drive Fax: (415) 783-9029 Tiburon, CA 94920 Email: lweller@deloitte.com Lou Teller is a principal in Deloitte Tax, LLP and serves as National Director, Real Estate Transaction Planning. Lou is based in San Francisco. He also leads Deloitte Tax's Like-Kind Exchange Practice group. Before taking his present position, Lou practiced real estate, tax and business law for more than 20 years. He has extensive experience designing and implementing strategies for real estate acquisitions, transfers, development, exchanges, leases, financing, work-outs, business start-ups, limited liability companies, partnership and joint venture formations, transactions involving REITs, capital raising through placement of partnership interests and stock, as well as counseling clients on achieving business and personal tax planning objectives. A frequent speaker and author in the fields of tax, business law and real estate, Lou has lectured at programs sponsored by AICPA, Practicing Law Institute, ALI-ABA, California Continuing Education of the Bar, the American Bar Association, the State Bars of California, Michigan, Oregon and Texas, the Bar Association of San Francisco, Golden Gate University, the California and Texas Societies of Certified Public Accountants, University of Southern California, New York University, Georgetown University Law Center, UCLA, Mid-America Tax Institute, Southern Federal Tax Institute, Yellowstone Tax Institute, National Real Estate Development Center, and numerous private industry groups. Mr. Weller is co-author of the treatise Real Property Exchanges, Third Edition, published by California Continuing Education of the Bar (CEB). His other publications include chapters on tax issues published in the treatise, Federal Taxes Affecting Real Estate and the multi-volume set, California Real Estate Law and Practice, and CEB's California Condominium and Planned Development Practice, articles published in the Journal of Taxation, Journal of Passthrough Entities, Journal of Real Estate Taxation, Real Estate Forum, Net Lease Forum, Real Estate Portfolio, California Real Estate Law R porter, Practical Tax Lawyer, Real Estate Tax Digest, Comp eat Law er and others. He is a chief supervisory editor of the Real Estate Tax Digest and a member of the Advisory Boards of the Journal of Passthrough Entities and Net Lease Forum. Lou received a B.A. cum laude in Political Science from Yale University and concurrent J.D. and Masters in Public Policy degrees from University of California, Berkeley. Prior to attending law school he worked as a program analyst for the Environmental Protection Agency of the City of New York. While in law school he served as an editor of the California. Law Review and a member of the Moot Court Board. He was admitted to the California Bar in 1975. Mr. Weller is past Chair of the Real Estate Committee, American Bar Association Tax Section. He is also past Chair of the Taxation Section, Bar Association of San Francisco, the San Francisco Tax Club and of the Federal Taxation of Real Estate Transactions Committee, American Bar Association Real Property, Probate and Trust Section. Lou has served as a member of the State Bar of California Taxation Section Executive Committee and on the Board of Directors of the Tenant in Common Association. Lou is an elected Fellow of the American College of Tax Counsel and is active in various professional and civic organizations. TIBURON REDEVELOPMENT AGENCY MINUTES CALL TO ORDER Chair Fredericks called the meeting of the Tiburon Redevelopment Agency to order at 9:40 p.m., on Wednesday, February 18, 2009, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: BOARDMEMBERS: ABSENT: BOARDMEMBERS: EX OFFICIO: ORAL COMMUNICATIONS None. ACTION ITEMS Berger, Collins, Gram, Fredericks Slavitz Town Manager Curran, Town Attorney Danforth, Director of Administrative Services Bigall, Town Clerk Crane Iacopi 1. Adoption of Minutes - November 19, 2008 (Board Clerk Crane Iacopi) MOTION: To adopt Minutes of November 19, 2008 meeting. Moved: Berger, seconded by Fredericks Vote: AYES: Unanimous ABSENT: Slavitz 2. Loan to Marin Housing Authority - Consider approval of loan to Marin Housing Authority for purchase of Below Market Rate Unit at Pt. Tiburon Marsh; AP #058-440-03 (Director of Administrative Services Bigall) Director Bigall gave the report. She said that the Town had contracted with the Marin County Housing Authority (Housing Authority) to administer the Below Market Rate (BMR) program at Pt. Tiburon Marsh for ownership units. She said that the Town had been advised by the Housing Authority that a unit had come available. According to Bigall, the majority of BMR unit re-sales occur between a willing seller and another low or moderate income family that has been qualified by the Housing Authority, in which case no public agency funds are required to close the transaction. However, Redevelopment Agency Minutes #01-2009 FebMafyl8, 2009 Page I occasionally, the Housing Authority must exercise the option because of the owner's failure to pay the mortgage, property taxes or HOA dues, or because of a breach of the Resale Restriction. In these cases, Bigall reported, the Housing Authority must exercise its option to purchase the unit in order to maintain it in the BMR program. She said that this was the case with the one-bedroom unit at Pt. Tiburon Marsh. Ms. Bigall said that staff did not recommend exercising the Town's right of first refusal to purchase the unit because of the difficulty renting one bedroom units in the past. Instead, she said that staff recommended that the Redevelopment Agency loan the Housing Authority the funds necessary to exercise the option and ultimately it would be repaid when the unit was sold to another qualified buyer. Councilmember Gram asked whether the price could be reset upon sale to recover attorney's fees plus interest. Ms. Bigall said that it could, and said that the recommended loan to the Housing Authority in the amount of $150,000 should cover these costs. Town Attorney Danforth explained that while the Agency had the right to set the sales price, there was an upper limit (based on the Housing Authority's Below Market Rate formula). Councilmember Gram said that he thought the proceedings might take longer than the six to eight months noted in the report; he expressed concern that the Agency might not recover all of its costs. Town Manager Curran acknowledged that possibility but said that it would still be less expensive than trying to recreate a unit into the Town's affordable housing inventory. Town Attorney Danforth noted that there were both Redevelopment Agency and Town restricted funds that could be used to cover any overages. Councilmember Gram said simply that he was seeking a realistic factual scenario. Ms. Danforth replied that the recommendation was consistent with the Housing Authority's past experience in these matters. MOTION: To approve loan to Marin Housing Authority, as recommended. Moved: Collins, seconded by Fredericks Vote: AYES: Berger, Collins, Fredericks NOES: Gram ABSENT: Slavitz Redevelopment Agency Minutes #01-2009 Februatyl8, 2009 Page 2 ADJOURNMENT There being no further business of the Tiburon Redevelopment Agency, Chair Fredericks adjourned the Redevelopment Agency meeting at 9:50 p.m. ALICE FREDERICKS, CHAIR ATTEST: DIANE CRANE IACOPI, BOARD CLERK Redevelopment Agency Minutes #01-2009 Februai-1,18, 2009 Page 3 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Board of Directors, Tiburon Redevelopment Agency Administrative Services Department Town Council Meeting January 20, 2010 Agenda Item: R Q A V, Recommendation to Receive and Acknowledge the RDA Annual Audit for FY 2DQ8-09 Attached are the Audited Financial Statements for the Tiburon Redevelopment Agency for the fiscal year ended June 30, 2009. The audit was performed by the public accounting firm of Marcello & Company in accordance with auditing standards generally accepted in the United States. The Redevelopment Agency is considered a component unit of the Town of Tiburon and is therefore required to be audited as a separate entity of the Town. As background, The Tiburon Redevelopment Agency was created in 1983 under provisions of the Community Redevelopment Law primarily to assist in the clearance and rehabilitation of areas determined to be in declining condition in the Town of Tiburon. The Agency will expire when the Town's low/moderate income housing requirements have been met. The Town currently needs to develop four additional units of low-income housing within the RDA boundaries to meet the housing requirements. The Town's Housing Element designates several sites within the RDA project area as affordable housing sites and commits the RDA funds to assist with the development of affordable housing on these sites. Development of any one of these sites would meet the RDA's requirement for affordable housing. FINANCIAL IMPACT There is no financial impact with accepting this financial audit. RECOMMENDATION Staff recommends that the Town Council: Receive and acknowledge the annual audit of the Redevelopment Agency's financial statements for the fiscal year ended June 30, 2009 Exhibits: Annual Financial Report for the Fiscal Year Ended June 30, 2009 Prepared By: Heidi Bigall, Director of Administrative Services TOWN OF TIBURON PAGE 1 OF 2